Federal Register / Vol. 76, No. 182 / Tuesday, September 20, 2011 / Proposed Rules 58199 

Unfunded Mandates Reform Act of 

1995 

This rule will not result in the 

expenditure by State, local and tribal 

governments, in the aggregate, or by the 

private sector, of $100,000,000 or more 

in any one year, and it will not 

significantly or uniquely affect small 

governments. Therefore, no actions were 

deemed necessary under the provisions 

of the Unfunded Mandates Reform Act 

of 1995. 

Small Business Regulatory Enforcement 

Fairness Act of 1996 

This rule is not a major rule as 

defined by § 804 of the Small Business 

Regulatory Enforcement Fairness Act of 

1996. This rule will not result in an 

annual effect on the economy of 

$100,000,000 or more; a major increase 

in costs or prices; or significant adverse 

effects on competition, employment, 

investment, productivity, innovation, or 

on the ability of United States-based 

companies to compete with foreignbased companies in domestic and 

export markets. 

List of Subjects in 28 CFR Part 570 

Prisoners. 

Thomas R. Kane, 

Acting Director, Bureau of Prisons. 

Under rulemaking authority vested in 

the Attorney General in 5 U.S.C. 301; 28 

U.S.C. 509, 510 and delegated to the 

Director, Bureau of Prisons, we propose 

to revise 28 CFR part 570 as set forth 

below. 

Subchapter D—Community Programs and 

Release 

PART 570—COMMUNITY PROGRAMS 

1. Revise the authority citation for 28 

CFR part 570 to read as follows: 

Authority: 5 U.S.C. 301; 18 U.S.C. 751, 

3621, 3622, 3624, 4001, 4042, 4081, 4082 

(Repealed in part as to offenses committed on 

or after November 1, 1987), 4161–4166, 

5006–5024 (Repealed October 12, 1984, as to 

offenses committed after that date), 5039; 28 

U.S.C. 509, 510. 

2. In part 570, subpart B is revised to 

read as follows: 

Subpart B—Pre-Release Community 

Confinement 

Sec. 

570.20 Purpose. 

570.21 Time-frames. 

570.22 Designation. 

§ 570.20 Purpose. 

The purpose of this subpart is to 

provide the procedures of the Bureau of 

Prisons (Bureau) for designating inmates 

to pre-release community confinement 

or home detention. 

(a) Community confinement is 

defined as residence in a community 

treatment center, halfway house, 

restitution center, mental health facility, 

alcohol or drug rehabilitation center, or 

other community correctional facility 

(including residential re-entry centers); 

and participation in gainful 

employment, employment search 

efforts, community service, vocational 

training, treatment, educational 

programs, or similar facility-approved 

programs during non-residential hours. 

(b) Home detention is defined as a 

program of confinement and 

supervision that restricts the defendant 

to his place of residence continuously, 

except for authorized absences, enforced 

by appropriate means of surveillance by 

the probation office or other monitoring 

authority. 

§ 570.21 Time-frames. 

(a) Community confinement. Inmates 

may be designated to community 

confinement as a condition of prerelease custody and programming 

during the final months of the inmate’s 

term of imprisonment, not to exceed 

twelve months. 

(b) Home detention. Inmates may be 

designated to home detention as a 

condition of pre-release custody and 

programming during the final months of 

the inmate’s term of imprisonment, not 

to exceed the shorter of ten percent of 

the inmate’s term of imprisonment or 

six months. 

(c) Exceeding time-frames. These 

time-frames may be exceeded when 

separate statutory authority allows 

greater periods of community 

confinement as a condition of prerelease custody. 

§ 570.22 Designation. 

Inmates will be considered for prerelease community confinement in a 

manner consistent with 18 U.S.C. 

Section 3621(b), determined on an 

individual basis, and of sufficient 

duration to provide the greatest 

likelihood of successful reintegration 

into the community, within the timeframes set forth in this part. 

[FR Doc. 2011–23684 Filed 9–19–11; 8:45 am] 

BILLING CODE 4410–05–P 

DEPARTMENT OF DEFENSE 

Office of the Secretary 

32 CFR Part 199 

[Docket ID: DOD–2011–HA–0038] 

RIN 0720–AB50 

TRICARE; Smoking Cessation 

Program Under TRICARE 

AGENCY: Office of the Secretary, 

Department of Defense. 

ACTION: Proposed rule. 

SUMMARY: This proposed rule 

implements Section 713 of the Duncan 

Hunter National Defense Authorization 

Act (NDAA) for Fiscal Year 2009 (FY 

2009), Public Law 110–417. Section 713 

states the Secretary shall establish a 

smoking cessation program under the 

TRICARE program. The smoking 

cessation program under TRICARE 

shall, at a minimum, include the 

following: the availability, at no cost to 

the beneficiary, of pharmaceuticals used 

for smoking cessation, with the 

limitation on the availability of such 

pharmaceuticals to the mail-order 

pharmacy program under the TRICARE 

program; smoking cessation counseling; 

access to a toll-free quit line 24 hours a 

day, 7 days a week; and access to print 

and Internet web-based tobacco 

cessation material. Per the statute, 

Medicare-eligible beneficiaries are 

excluded from the TRICARE smoking 

cessation program. 

DATES: Written comments received at 

the address indicated below by 

November 21, 2011 will be accepted. 

ADDRESSES: You may submit comments, 

identified by docket number or 

Regulatory Information Number (RIN) 

and title, by any of the following 

methods: 

Federal Rulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

Mail: Federal Docket Management 

System Office, 4800 Mark Center Drive, 

2nd Floor, East Tower, Suite 02G09, 

Alexandria, VA 22350–3100. 

Instructions: All submissions received 

must include the agency name and 

docket number or RIN for this Federal 

Register document. The general policy 

for comments and other submissions 

from members of the public is to make 

these submissions available for public 

viewing on the Internet at http:// 

www.regulations.gov as they are 

received without change, including any 

personal identifiers or contact 

information. 

FOR FURTHER INFORMATION CONTACT: 

Barbara (Bobbie) Matthews, Medical 

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58200 Federal Register / Vol. 76, No. 182 / Tuesday, September 20, 2011 / Proposed Rules 

Benefits and Reimbursement Branch, 

TRICARE Management Activity, 

telephone (303) 676–3558. 

SUPPLEMENTARY INFORMATION: 

I. Background 

The Duncan Hunter NDAA for FY 

2009 (Pub. L. 110–417) provides 

authority for establishment of a smoking 

cessation program under the TRICARE 

program. Prior to enactment of Section 

713 of the Duncan Hunter NDAA FY09 

(Pub. L. 110–417), all supplies and 

services related to ‘‘stop smoking’’ 

programs were excluded from TRICARE 

coverage per the regulation, 32 Code of 

Federal Regulations (CFR) 199.4(g)(65). 

Smoking is the number one cause of 

preventable illness and disease in the 

United States and yet, the prevalence of 

smoking among TRICARE beneficiaries 

exceeds that of the general population. 

According to the Centers for Disease 

Control and Prevention (CDC), adverse 

health effects from smoking account for 

an estimated 443,000 deaths in the 

United States each year. 

Smoking causes respiratory diseases 

such as emphysema, bronchitis, and 

chronic airway obstruction. It also 

causes several types of cancers 

including, but not limited to, 

esophageal, oral cavity, uterine, and 

lung cancer. In fact, the CDC estimates 

that 90 percent of lung cancer deaths in 

men and 80 percent in women are 

caused by smoking. 

Smoking also puts individuals at 

increased risk for several other types of 

diseases and adverse health outcomes 

such as coronary artery disease, chronic 

obstructive lung diseases, peripheral 

vascular disease, heart attack, and 

stroke. In addition, it increases the risk 

of infertility, preterm delivery, stillbirth, 

low birth weight, and sudden infant 

death syndrome. 

Smoking and its related adverse 

effects pose a significant challenge for 

more than two million TRICARE 

beneficiaries. Establishment of the 

TRICARE smoking cessation program 

attempts to reduce the number of 

TRICARE beneficiaries who are nicotine 

dependant, thereby improving the 

health of the TRICARE beneficiary 

population and reducing Department of 

Defense costs, in particular those related 

to the adverse effects of smoking. For 

further information on TRICARE and 

the benefits provided under the 

TRICARE program, please visit http:// 

www.tricare.mil. 

II. Section 713 of the Duncan Hunter 

NDAA for FY 2009 

This proposed rule implements 

Section 713 of the Duncan Hunter 

NDAA for FY 2009. Section 713 

stipulates the following key features for 

inclusion in the TRICARE smoking 

cessation program: 

(1) The availability, at no cost to the 

beneficiary, of pharmaceuticals used for 

smoking cessation, with a limitation on 

the availability of such pharmaceuticals 

to the national mail-order pharmacy 

program under the TRICARE program if 

appropriate. 

(2) Counseling. 

(3) Access to a toll-free quit line that 

is available 24 hours a day, 7 days a 

week. 

(4) Access to print and Internet webbased tobacco cessation material. 

(5) Chain of command involvement by 

officers in the chain of command of 

participants in the program who are on 

active duty. 

Additionally, Section 713 of NDAA 

FY 2009 stated the TRICARE smoking 

cessation program shall not be made 

available to Medicare-eligible 

beneficiaries. The statutory language 

further stated that refunds of 

copayments paid by Medicare-eligible 

beneficiaries are available during fiscal 

year 2009, subject to the specific 

availability of appropriations for this 

purpose. However, this authority was 

not extended beyond FY 2009; 

consequently, no action is required by 

TRICARE regarding this provision. 

III. Provisions of Proposed Rule 

This proposed rule establishes a 

smoking cessation program under the 

TRICARE program. The TRICARE 

smoking cessation program will be 

available to all TRICARE beneficiaries 

who reside in one of the 50 United 

States or the District of Columbia who 

are not eligible for Medicare benefits 

authorized under Title XVIII of the 

Social Security Act. In general, the 

TRICARE smoking cessation program 

will not be available to TRICARE 

beneficiaries who reside overseas except 

that under authority of 32 CFR 199.17 

of this part, active duty service members 

and active duty dependents residing 

overseas including the U.S. territories of 

Guam, Puerto Rico, and the Virgin 

Islands who are enrolled in TRICARE 

Prime at a military treatment facility 

may have access to those services that 

the ASD(HA) has determined may be 

reasonably provided overseas. 

It is the intent of the Department to 

provide access to smoking cessation 

pharmaceuticals and web based 

smoking cessation materials overseas 

where feasible. However, beneficiaries 

residing in certain areas overseas may 

not have easy access to the mail 

services, equipment or technology 

needed to receive these smoking 

cessation benefits and in those areas 

there is no requirement to make them 

available. For example, there is no 

intent by the Department to make the 

web based services available in areas 

where there are no web based carriers to 

provide such a service. Additionally, 

the laws and our treaties with various 

countries restrict the mailing of 

pharmaceuticals into the country. If 

such laws or treaties do not allow the 

delivery of the pharmaceuticals through 

the TRICARE Mail Order Pharmacy 

(TMOP), it is not the intent of the 

Secretary to provide the pharmaceutical 

benefit in those areas through this 

mechanism. 

At this time, it is not the intent of the 

Department to provide access to the toll 

free quit line overseas due to the 

technological barriers and cost involved 

in providing this service. In addition, it 

is not the intent of the Department at 

this time to make face-to-face smoking 

cessation counseling available overseas 

through the local economy. However, in 

accordance with 32 CFR 199.17 of this 

part should the ASD(HA) determine that 

it is technologically, economically, or 

otherwise feasible to provide additional 

benefits or it becomes impractical to 

continue the benefits and services 

overseas, the ASD(HA) may use this 

authority to add or modify any benefit 

or service. The use of this authority 

shall be published in the Federal 

Register. 

There will be no requirement for an 

eligible beneficiary to be diagnosed with 

a smoking related illness in order to 

access benefits under the TRICARE 

smoking cessation program. Benefits 

under this program will include, at no 

cost to the beneficiary, pharmaceuticals 

used for smoking cessation, with a 

limitation on the availability of such 

pharmaceuticals to the national mailorder pharmacy program under the 

TRICARE program; smoking cessation 

counseling; access to a toll-free quit line 

24 hours a day, 7 days a week; and 

access to print and internet web-based 

tobacco cessation materials. 

IV. Regulatory Procedures 

Executive Order 12866, ‘‘Regulatory 

Planning and Review’’ and Executive 

Order 13563, ‘‘Improving Regulation 

and Regulatory Review’’ 

Section 801 of title 5, United States 

Code, and Executive Orders 12866 and 

13563 require certain regulatory 

assessments and procedures for any 

major rule or 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. 

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Federal Register / Vol. 76, No. 182 / Tuesday, September 20, 2011 / Proposed Rules 58201 

This proposed rule is not a significant 

regulatory action. 

Public Law 96–354, ‘‘Regulatory 

Flexibility Act’’ (RFA) (5 U.S.C. 601) 

Public Law 96–354, ‘‘Regulatory 

Flexibility Act’’ (RFA) (5 U.S.C. 601), 

requires that each Federal agency 

prepare a regulatory flexibility analysis 

when the agency issues a regulation 

which would have a significant impact 

on a substantial number of small 

entities. This proposed rule will not 

have a significant impact on a 

substantial number of small entities. 

Therefore, this proposed rule is not 

subject to the requirements of the RFA. 

Public Law 96–511, ‘‘Paperwork 

Reduction Act’’ (44 U.S.C. Chapter 35) 

This rule does not contain a 

‘‘collection of information’’ 

requirement, and will not impose 

additional information collection 

requirements on the public under Pub. 

L. 96–511, ‘‘Paperwork Reduction Act’’ 

(44 U.S.C. Chapter 35). 

Public Law 104–4, Section 202, 

‘‘Unfunded Mandates Reform Act’’ 

Section 202 of Public Law 104–4, 

‘‘Unfunded Mandates Reform Act,’’ 

requires that an analysis be performed 

to determine whether any federal 

mandate may result in the expenditure 

by State, local and tribal governments, 

in the aggregate, or by the private sector 

of $100 million in any one year. This 

proposed rule does not contain a 

Federal mandate that may result in the 

expenditure by State, local and tribal 

governments, in aggregate, or by the 

private sector, of $100 million or more 

in any one year, and thus this proposed 

rule is not subject to this requirement. 

Executive Order 13132, ‘‘Federalism’’ 

Executive Order 13132, ‘‘Federalism,’’ 

requires that an impact analysis be 

performed to determine whether the 

rule has 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. This proposed 

rule does not have federalism 

implications, as set forth in Executive 

Order 13132. 

List of Subjects in 32 CFR Part 199 

Claims, Dental health, Health care, 

Health insurance, Individuals with 

disabilities, Military personnel. 

Accordingly, 32 CFR part 199 is 

proposed to be amended as follows: 

PART 199—[AMENDED] 

1. The authority citation for Part 199 

continues to read as follows: 

Authority: 5 U.S.C. 301; 10 U.S.C. Chapter 

55. 

2. Section 199.4 is amended by: 

a. Revising paragraph (d)(3)(vi). 

b. Adding new paragraph (d)(3)(vi)(C). 

c. Adding new paragraph (e)(28). 

d. Revising paragraph (g)(39). 

e. Removing and reserving paragraph 

(g)(65). 

The revisions and additions read as 

follows: 

§ 199.4 TRICARE—Basic Program 

Benefits. 

* * * * * 

(d) Other benefits. 

* * * * * 

(3) Other covered services or supplies. 

* * * * * 

(vi) Drugs and medicines. Drugs and 

medicines that by United States law 

require a prescription are also referred 

to as ‘‘legend drugs.’’ Legend drugs are 

covered when prescribed by a physician 

or other authorized individual 

professional provider acting within the 

scope of the provider’s license and 

ordered or prescribed in connection 

with an otherwise covered condition or 

treatment, and not otherwise excluded 

by TRICARE. This includes Rh immune 

globulin. 

(A) * * * 

(B) * * * 

(C) Over-the-counter (OTC) drugs 

(drugs that by United States law do not 

require a prescription), in general, are 

not covered. However, insulin is 

covered for a known diabetic even in 

states that do not require a prescription 

for its purchase. In addition, OTC drugs 

used for smoking cessation are covered 

when all requirements under the 

TRICARE smoking cessation program 

are met as provided in paragraph (e)(28) 

of this section. 

* * * * * 

(e) Special benefit information. 

* * * * * 

(28) Smoking cessation program. The 

TRICARE smoking cessation program is 

a behavioral modification program to 

assist eligible beneficiaries who desire 

to quit smoking. The program consists 

of a pharmaceutical benefit; smoking 

cessation counseling; access to a tollfree quit line for non-medical assistance; 

and, access to print and Internet Webbased tobacco cessation materials. 

(i) Availability. The TRICARE 

smoking cessation program is available 

to all TRICARE beneficiaries who reside 

in one of the 50 United States or the 

District of Columbia who are not eligible 

for Medicare benefits authorized under 

Title XVIII of the Social Security Act. In 

addition, pursuant to section 199.17 of 

this Part, if authorized by the Assistant 

Secretary of Defense (Health Affairs), 

the TRICARE smoking cessation 

program may be implemented in whole 

or in part in areas outside the 50 states 

and the District of Columbia for active 

duty members and their dependents 

who are enrolled in TRICARE Prime 

(overseas Prime beneficiaries). In such 

cases, the Assistant Secretary of Defense 

(Health Affairs) may also authorize 

modifications to the TRICARE smoking 

cessation program rules and procedures 

as may be appropriate to the overseas 

area involved. The use of this authority, 

not otherwise mentioned below, shall be 

published in the Federal Register. 

(ii) Benefits. There is no requirement 

for an eligible beneficiary to be 

diagnosed with a smoking related 

illness to access benefits under this 

program. The specific benefits available 

under the TRICARE smoking cessation 

program are: 

(A) Pharmaceutical agents. Products 

available under this program are 

identified through the DoD Pharmacy 

and Therapeutics Committee, consistent 

with the DoD Uniform Formulary in 

section 199.21 of this Part. Smoking 

cessation pharmaceutical agents, 

including FDA-approved over-thecounter (OTC) pharmaceutical agents, 

are available through the TRICARE Mail 

Order Pharmacy (TMOP) or the MTF at 

no cost to the beneficiary. Smoking 

cessation pharmaceuticals will not be 

available at any retail pharmacies. A 

prescription from a TRICAREauthorized provider is required to 

obtain any pharmaceutical agent used 

for smoking cessation, including OTC 

agents. For overseas Prime beneficiaries, 

pharmaceutical agents may be provided 

either in the MTF or through the TMOP 

where such facility or service is 

available. 

(B) Face-to-face smoking cessation 

counseling. Both individual and group 

smoking cessation counseling are 

covered. The number and mix of faceto-face counseling sessions covered 

under this program shall be determined 

by the Director, TMA; however, shall 

not exceed the limits established in 

paragraph (e)(28)(iii) of this section. A 

TRICARE-authorized provider listed in 

section 199.6 of this Part must render all 

counseling sessions. 

(C) Toll-free quit line. Access to a nonmedical toll-free quit line 7 days a week, 

24 hours a day will be available. The 

quit line will be staffed with smoking 

cessation counselors trained to assess a 

beneficiary’s readiness to quit, identify 

barriers to quitting, and provide specific 

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58202 Federal Register / Vol. 76, No. 182 / Tuesday, September 20, 2011 / Proposed Rules 

suggested actions and motivational 

counseling to enhance the chances of a 

successful quit attempt. When 

appropriate, quit line counselors will 

refer beneficiaries to a TRICAREauthorized provider for medical 

intervention. The quit line may, at the 

discretion of the Director, TMA, include 

the opportunity for the beneficiary to 

request individual follow-up contact 

initiated by quit line personnel; 

however, the beneficiary is not required 

to participate in the quit line initiated 

follow-up. Printed educational materials 

on the effects of tobacco use will be 

provided to the beneficiary upon 

request. This benefit may be made 

available to overseas Prime beneficiaries 

should the ASD(HA) exercise his 

authority to do so and provide 

appropriate notice in the Federal 

Register. 

(D) Web-based resources. 

Downloadable educational materials on 

the effects of tobacco use will be 

available through the Internet or other 

electronic media. This service may be 

made available to overseas Prime 

beneficiaries in all locations where Web 

based resources are available. There 

shall be no requirement to create Web 

based resources in any geographic area 

in order to make this service available. 

(iii) Limitations of smoking cessation 

program. Eligible beneficiaries are 

entitled to two quit attempts per year 

(consecutive 12 month period). A third 

quit attempt may be covered per year 

with physician justification and preauthorization. A quit attempt is defined 

as up to eighteen face-to-face counseling 

sessions over a 120 consecutive day 

period and/or 120 days of 

pharmacologic intervention for the 

purpose of smoking cessation. 

Counseling and pharmacological 

treatment periods that overlap by at 

least 60-days are considered a single 

quit attempt. 

* * * * * 

(g) Exclusions and limitations. 

* * * * * 

(39) Counseling. Educational, 

vocational, and nutritional counseling 

and counseling for socioeconomic 

purposes, stress management, and/or 

lifestyle modification purposes, except 

that the following are not excluded: 

(i) Services provided by a certified 

marriage and family therapist, pastoral 

or mental health counselor in the 

treatment of a mental disorder as 

specifically provided in paragraph 

(c)(3)(ix) of this section and in section 

199.6 of this Part. 

(ii) Diabetes self-management training 

(DSMT) as specifically provided in 

paragraph (d)(3)(ix) of this section. 

(iii) Smoking cessation counseling 

and education as specifically provided 

in paragraph (e)(28) of this section. 

(iv) Services provided by alcoholism 

rehabilitation counselors only when 

rendered in a CHAMPUS-authorized 

treatment setting and only when the 

cost of those services is included in the 

facility’s CHAMPUS-determined 

allowable cost rate. 

* * * * * 

(65) [Reserved] 

* * * * * 

3. Section 199.21 is amended by: 

a. Revising paragraph (a)(2); 

b. Revising paragraph (h)(2)(i); 

c. Adding a new paragraph (h)(2)(iii); 

and 

d. Adding a new (i)(2)(v)(D). 

The additions and revisions read as 

follows: 

§ 199.21 TRICARE—Pharmacy Benefits 

Program. 

(a) General. 

(1) * * * 

(2) Pharmacy benefits program. (i) 

Applicability. The pharmacy benefits 

program, which includes the uniform 

formulary and its associated tiered copayment structure, is applicable to all of 

the uniformed services. Geographically, 

except as specifically provided in 

paragraph (a)(2)(ii) of this section, this 

program is applicable to all 50 states 

and the District of Columbia, Guam, 

Puerto Rico, and the Virgin Islands. In 

addition, if authorized by the Assistant 

Secretary of Defense (Health Affairs) 

(ASD(HA)), the TRICARE pharmacy 

benefits program may be implemented 

in areas outside the 50 states and the 

District of Columbia, Guam, Puerto 

Rico, and the Virgin Islands. In such 

case, the ASD (HA) may also authorize 

modifications to the pharmacy benefits 

program rules and procedures as may be 

appropriate to the area involved. 

(ii) Applicability exception. The 

pharmaceutical benefit under the 

TRICARE smoking cessation program 

under section 199.4(e)(28) of this Part is 

available to TRICARE beneficiaries who 

are not entitled to Medicare benefits 

authorized under Title XVIII of the 

Social Security Act. Except as noted in 

section 199.4(e)(28) of this Part, the 

smoking cessation program, including 

the pharmaceutical benefit, is not 

applicable or available to beneficiaries 

who reside overseas, including the U.S. 

territories of Guam, Puerto Rico, and the 

Virgin Islands, except that under the 

authority of section 199.17 of this part 

active duty service members and active 

duty dependents enrolled in TRICARE 

Prime residing overseas, including the 

U.S. territories of Guam, Puerto Rico, 

and the Virgin Islands, shall have access 

to smoking cessation pharmaceuticals 

through either an MTF or the TMOP 

program where available. 

* * * * * 

(h) Obtaining pharmacy services 

under the retail network pharmacy 

benefits program. 

(1) * * * 

(2) Availability of formulary 

pharmaceutical agents. (i) General. 

Subject to paragraphs (h)(2)(ii) and 

(h)(2)(iii) of this section, formulary 

pharmaceutical agents are available 

under the Pharmacy Benefits Program 

from all points of service identified in 

paragraph (h)(1) of this section. 

(ii) * * * 

(iii) Pharmaceutical agents prescribed 

for smoking cessation are not available 

for coverage when obtained through a 

retail pharmacy. This includes network 

and non-network retail pharmacies. 

* * * * * 

(i) Cost-sharing requirements under 

the pharmacy benefits program. 

(1) * * * 

(2) * * * 

(v) For pharmaceutical agents 

obtained under the TMOP program 

there is a: 

(A) * * * 

(B) * * * 

(C) * * * 

(D) $0.00 co-payment for smoking 

cessation pharmaceutical agents covered 

under the smoking cessation program. 

* * * * * 

Dated: August 24, 2011. 

Patricia L. Toppings, 

OSD Federal Register Liaison Officer, 

Department of Defense. 

[FR Doc. 2011–23764 Filed 9–19–11; 8:45 am] 

BILLING CODE 5001–06–P 

DEPARTMENT OF DEFENSE 

Office of the Secretary 

32 CFR Part 199 

[Docket ID: DOD–2011–HA–0035] 

RIN 0720–AB49 

TRICARE; TRICARE Sanction 

Authority for Third-Party Billing Agents 

AGENCY: Office of the Secretary, 

Department of Defense. 

ACTION: Proposed rule. 

SUMMARY: The rule proposes to provide 

the Director, TRICARE Management 

Activity (TMA), or designee, with the 

authority to sanction third-party billing 

agents by invoking the administrative 

remedy of exclusion or suspension from 

the TRICARE program. Such sanctions 

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