[Federal Register Volume 72, Number 182 (Thursday, September 20, 2007)]
[Rules and Regulations]
[Page 53685]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 07-4654]



[[Page 53685]]

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DEPARTMENT OF DEFENSE

Office of the Secretary

32 CFR Part 199

[DoD-2006-OS-0209]
RIN 0720-AB02


TRICARE; Changes Included in the National Defense Authorization 
Act for Fiscal Year 2006; TRICARE Dental Program

AGENCY: Office of the Secretary, DoD.

ACTION: Final rule.

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SUMMARY: This final rule implements section 713 of the National Defense 
Authorization Act for Fiscal Year 2006 (NDAA for FY06), Public Law 109-
163. The rule provides eligibility for survivor benefits under the 
TRICARE Dental Program (TDP) to include the active duty spouse of a 
member who dies while on active duty for a period of more than 30 days 
who subsequently separates from active duty during the three-year 
transitional survivor period.

DATES: Effective Date: September 20, 2007.

ADDRESSES: TRICARE Management Activity, Skyline 5, Suite 810, 5111 
Leesburg Pike, Falls Church, VA 22041.

FOR FURTHER INFORMATION CONTACT: Col. Gary C. Martin, Office of the 
Assistant Secretary of Defense (Health Affairs), TRICARE Management 
Activity, telephone (703) 681-0039.

SUPPLEMENTARY INFORMATION: 

I. Summary of Final Rule Provisions

    Prior to section 713 of the FY 06 NDAA, a surviving spouse who is a 
member of the armed forces on active duty for a period of more than 30 
days at the time the other active duty military member spouse dies, and 
who subsequently separates from active duty, was ineligible for the 
TRICARE Dental program (TDP) survivor benefit. The surviving active 
duty spouse was ineligible because he or she was not enrolled in the 
program at the time of the spouse's death. Active duty members are not 
eligible for enrollment in the TDP. There are many dual military 
couples in the armed forces and the authority provided by section 713 
of the NDAA for FY06 directs the Department to expand the eligibility 
for survivor benefits under the TDP to include the active duty spouse 
of a member who dies while on active duty for a period of more than 30 
days who subsequently separates from active duty during the three-year 
survivor period.

II. Review of Public Comments

    We provided a 60 day comment period on the interim final rule which 
was published in the Federal Register on November 17, 2006 (71 FR 
66871). We received no public comments.

III. Regulatory Procedures

Executive Order (EO) 12866

    Executive Order 12866 requires that a comprehensive regulatory 
impact analysis be performed on any economically significant regulatory 
action, defined as one that would result in an annual effect of $100 
million or more on the national economy or which would have other 
substantial impacts. The Regulatory Flexibility Act (RFA) requires that 
each Federal agency prepare, and make available for public comment, a 
regulatory flexibility analysis when the agency issues a regulation 
which would have a significant impact on a substantial number of small 
entities. This rule is not an economically significant regulatory 
action and will not have a significant impact on a substantial number 
of small entities for purposes of the RFA, thus this final rule is not 
subject to any of these requirements. This rule, although not 
economically significant under Executive Order 12866, is a significant 
rule under Executive Order 12866 and has been reviewed by the Office of 
Management and Budget. The changes set forth in this final rule involve 
an expansion of TRICARE benefits.

Paperwork Reduction Act

    This rule will not impose additional information collection 
requirements on the public under the Paperwork Reduction Act of 1995 
(44 U.S.C. 3501-3511).
    We have examined the impact(s) of the final rule under Executive 
Order 13132 and it does not have policies that have federalism 
implications that would have substantial direct effects on the States, 
on the relationship between the national government and the States, or 
on the distribution of power and responsibilities among the various 
levels of government, therefore, consultation with State and local 
officials is not required.

List of Subjects in 32 CFR Part 199

    Dental program, Dental health, Health care, Health insurance, 
Military personnel.

0
For the reasons set out in the preamble, the Department of Defense 
amends 32 CFR part 199 as follows:

PART 199--[AMENDED]

0
1. The authority citation for part 199 continues to read as follows:

    Authority:  5 U.S.C. 301; 10 U.S.C. chapter 55.


0
2. Section 199.13 is amended by revising paragraphs (c)(3)(ii)(E)(2), 
to read as follows:


Sec.  199.13  TRICARE Dental Program.

* * * * *
    (c) * * *
    (3) * * *
    (ii) * * *
    (E) * * *
    (2) Continuation of eligibility. Eligible dependents of active duty 
members while on active duty for a period of more than 30 days and 
eligible dependents of members of the Ready Reserve (i.e., Selected 
Reserve or Individual Ready Reserve, as specified in 10 U.S.C. 10143 
and 10144(b) respectively), shall be eligible for continued enrollment 
in the TDP for up to three (3) years from the date of the member's 
death, if, on the date of the death of the member, the dependent is 
enrolled in the TDP, or is not enrolled by reason of discontinuance of 
a former enrollment under paragraphs (c)(3)(ii)(E)(4)(ii) and 
(c)(3)(ii)(E)(4)(iii) of this section, or is not enrolled because the 
dependent was under the minimum age for enrollment at the time of the 
member's death, or is not qualified for enrollment because the 
dependent is a spouse who is a member of the armed forces on active 
duty for a period of more than 30 days but subsequently separates or is 
discharged from active duty. This continued enrollment is not 
contingent on the Selected Reserve or Individual Ready Reserve member's 
own enrollment in the TDP. During the three-year period of continuous 
enrollment, the government will pay both the government and the 
beneficiary's portion of the premium share.
* * * * *

    Dated: September 13, 2007.
L.M. Bynum,
OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. 07-4654 Filed 9-19-07; 8:45 am]
BILLING CODE 5001-06-M