2444 Federal Register / Vol. 72, No. 12 / Friday, January 19, 2007 / Rules and Regulations 

American Animal Hospital Association, 39, 

pp. 311 to 320, May/June 2003. 

18. Mudarri, D. H., ‘‘The Costs and Benefits 

of Smoking Restrictions: An Assessment of 

the Smoke-Free Environment Act of 1993,’’

(H.R. 3434) (p. 14), Washington, DC, U.S. 

Environmental Protection Agency, April 

1994. 

19. Mudarri, D. H., ‘‘The Costs and Benefits 

of Smoking Restrictions: An Assessment of 

the Smoke-Free Environment Act of 1993,’’

(H.R. 3434) (Appendix A–1), Washington, 

DC, U.S. Environmental Protection Agency; 

Kaplan, R. M., J. W. Bush, & C. C. Berry, 

Health Status: Types of Validity and the 

Index of Well-Being, Health Services 

Research Journal, pp. 478–507, winter 1976. 

20. Kaplan, R. M., J. W. Bush, C. C. Berry, 

(1976, Winter), ‘‘Health Status: Types of 

Validity and the Index of Well-Being,’’

Health Services Research Journal, pp. 478–

507; M. M. Chen, J. W. Bush, D. L. Patrick, 

(1975), ‘‘Social Indicators for Health Planning 

and Policy Analysis,’’ Policy Sciences 

Journal, 6, pp. 71–89; R. M. Kaplan, J. W. 

Bush, (1982), ‘‘Health Related Quality of Life 

Measurement for Evaluation Research and 

Policy Analysis,’’ Health Psychology, 1(1), 

pp. 61–80. 

21. R. M. Kaplan, J. W. Bush, C. C. Berry, 

‘‘Health Status: Types of Validity and the 

Index of Well-Being,’’ Health Services 

Research Journal, pp. 478–507, winter 1976. 

22. Tufts—New England Medical Center. 

The CEA Registry: Catalog of Preference 

Scores, http://www.tufts-nemc.org/ 

cearegistry/data/ 

phaseIIpreferenceweights.pdf, April 5, 2006. 

23. U.S. Census Bureau, Statistical 

Abstract of the United States: 2002, http:// 

www.census.gov/prod/2003pubs/02statab/ 

vitstat.pdf, 2002, December. 

24. Tufts—New England Medical Center, 

The CEA Registry: Catalog of Preference 

Scores, http://www.tufts-nemc.org/ 

cearegistry/data/ 

phaseIIpreferenceweights.pdf, April 5, 2006. 

25. Id. 

26. M. G. Marin, J. Van Lieu, A. Yee, et al., 

‘‘Cost-Effectiveness of a Post-Exposure HIV 

Chemoprophylaxis Program for Blood 

Exposures in Health Care Workers,’’ Journal 

of Occupational and Environmental 

Medicine, 41(9), pp. 754–760, September 

1999. 

27. ‘‘Time to Top Off Your Tank?: The Red 

Cross Says Blood Safety Costs Are Pumping 

Up Prices,’’ The Washington Post, p. T07, 

June 12, 2001. 

28. Lerman, C., Schwartz, & Schwartz, 

Marc, ‘‘Adherence and Psychological 

Adjustment Among Women at High Risk for 

Breast Cancer,’’ Breast Cancer Research and 

Treatment, 28, pp. 145–155, 1993. 

29. Shrout, P. E., ‘‘Scaling of Stressful Life 

Events,’’ (in) Dohrenwend, B. Snell, B. P. 

Dohrenwend (Eds.), Stressful Life Events & 

Their Contexts (pp. 29–47), New Brunswick, 

NJ, Rutgers University Press, 1984. 

30. Kaplan, R. M., J. W. Bush, C. C. Berry, 

‘‘ Health Status: Types of Validity and the 

Index of Well-Being,’’ Health Services 

Research Journal, pp. 478–507, winter 1976. 

31. E. Alderete, T. C. Juarbe, C. P. Kaplan, 

et al., ‘‘Depressive Symptoms Among Women 

With an Abnormal Mammogram,’’ PsychoOncology, 15, pp. 66–78, 2006.’’

Dated: January 11, 2007. 

Jeffrey Shuren, 

Assistant Commissioner for Policy. 

[FR Doc. E7–682 Filed 1–18–07; 8:45 am] 

BILLING CODE 4160–01–S 

DEPARTMENT OF DEFENSE 

Office of the Secretary 

32 CFR Part 199 

[DOD–2006–HA–0194; RIN 0720–AB07] 

TRICARE; Certain Survivors of 

Deceased Active Duty Members; and 

Adoption Intermediaries 

AGENCY: Office of the Secretary, DoD. 

ACTION: Interim Final Rule. 

SUMMARY: This interim final rule 

implements two provisions of the 

National Defense Authorization Act for 

Fiscal Year 2006 (NDAA FY06), Public 

Law 109–163. First, Section 715 of the 

NDAA FY06 extends the time frame 

certain dependents of Active Duty 

Service Members (ADSM) who die 

while on active duty for more than 30 

days shall receive TRICARE medical 

benefits at active duty dependent 

payment rates. Second, Section 592 of 

the NDAA FY06 modifies the 

requirement for those intermediaries 

who provide adoption placements. 

Additionally, this interim final rule 

makes an administrative clarification to 

the following two eligibility provisions: 

those placed in the legal custody of a 

member or former member; and those 

placed in the home of a member or 

former member in anticipation of 

adoption. This clarification makes a 

distinction between the two groups and 

specifies that for placement into legal 

custody by court order, the court order 

must be for a period of 12 consecutive 

months. 

Public comments are invited and will 

be considered for possible revisions to 

the final rule. 

DATES: This rule is effective March 20, 

2007. 

Comments: Written comments 

received at the address indicated below 

by March 20, 2007 will be accepted. 

ADDRESSES: You may submit comments, 

identified by docket number and or RIN 

number and title, by any of the 

following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

• Mail: Federal Docket Management 

System Office, 1160 Defense Pentagon, 

Washington, DC 20301–1160. 

Instructions: All submissions received 

must include the agency name and 

docket number or Regulatory 

Information Number (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://regulations.gov as they are 

received without change, including any 

personal identifiers or contact 

information. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Ann N. Fazzini, (303) 676–3803 for 

questions regarding Section 715 as it 

relates to the TRICARE Basic Program; 

and also questions regarding Section 

592. 

Mr. Michael Kottyan, (303) 676–3520 

for questions regarding Section 715 as it 

relates to the Extended Health Care 

Option (ECHO). 

Mr. John Leininger, (303) 676–3613, 

for questions regarding TRICARE Prime 

Remote. 

Questions regarding payment of 

specific claims should be addressed to 

the appropriate TRICARE contractor. 

SUPPLEMENTARY INFORMATION: The 

Department is publishing this rule as an 

interim final rule in order to meet 

statutorily required effective dates. The 

Department is not exercising any 

discretion in implementing these 

provisions. In accordance with Section 

715(b), the effective date for Section 715 

is October 7, 2001 and shall apply with 

respect to deaths occurring on or after 

that date. The Department has no 

discretion concerning the benefits 

available to surviving dependents, the 

effective date, nor the time periods 

benefits are available to surviving 

spouses and children respectively. The 

effective date for Section 592 is January 

6, 2006. Prior to the NDAAFY06, a child 

placed in the home by a placement 

agency recognized by the Secretary of 

Defense in anticipation of the legal 

adoption of the person was eligible for 

TRICARE. Section 592 of the NDAA 

FY06 expands those intermediaries who 

perform adoption placement to include 

placement by any source authorized by 

State or local law to provide adoption 

placement. The Department is not 

exercising any discretion in defining 

who are intermediaries who can 

perform adoption placement. In 

accordance with Public Law 103–160, 

section 702(b), the effective date for 

placement by a court is July 1, 1994. In 

accordance with Public Law 103–337, 

section 701, the effective date for 

placement by a recognized adoption 

agency October 5, 1994. These last two 

changes are administrative corrections 


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only. Public comments are invited and 

will be considered for possible revisions 

to the final rule. 

The effective date for Section 715 is 

October 7, 2001 and shall apply with 

respect to deaths occurring on or after 

that date. The effective date for Section 

592 is January 6, 2006. In accordance 

with Public Law 103–160, section 

702(b), the effective date for placement 

by a court is July 1, 1994. In accordance 

with Public Law 103–337, section 701, 

the effective date for placement by a 

recognized adoption agency October 5, 

1994. 

I. Payment Rates for Dependents of 

Deceased Active Duty Service Members 

Introduction and Background 

Dependents of active-duty members 

who died while on active duty have 

been always eligible for TRICARE; 

however, their payment rates/costsharing provisions have changed over 

time. Initially, their cost-sharing 

provisions were at the retiree payment 

rate for all care received. This was 

amended by Section 707(c) of the 

National Defense Authorization Act for 

Fiscal Year 1995, Public Law 103–337, 

which provided for two changes. First, 

effective October 1, 1993, care was to be 

cost-shared at the active duty dependent 

payment rate for a one-year period. 

Second, for dependents of active duty 

members who died while on active duty 

between January 1, 1993, and October 1, 

1993, only care for pre-existing 

conditions was cost-shared at the active 

duty dependent payment rate. 

An additional amendment to the time 

period for the payment rate for 

dependents of deceased active duty 

members was found in Section 704 of 

the Floyd D. Spence National Defense 

Authorization Act for Fiscal Year 2001. 

Section 704 added a two-year extension 

of the active-duty dependent costsharing provision which allowed 

survivors of deceased active duty 

members to remain eligible for 

TRICARE at the active duty dependent 

payment rate for a total of three years 

from the date of death. After three years, 

survivors remained eligible for 

TRICARE at the retiree payment rate. 

Section 715 of the NDAA–FY06 

General 

Section 715 of the NDAA FY06 

further modified the cost-sharing 

provision for certain dependents of 

deceased active duty members by 

adding the following subparagraph 

1079(g)(2) to title 10, United States 

Code: 

(2) In addition to any continuation of 

eligibility for benefits under paragraph (1), 

when a member dies while on active duty for 

a period of more than 30 days, the member’s 

dependents who are receiving benefits under 

a plan covered by subsection (a) shall 

continue to be eligible for benefits under 

TRICARE Prime during the three-year period 

beginning on the date of the member’s death, 

except that, in the case of such a dependent 

of the deceased who is described by 

subparagraph (D) or (I) of section 1072(2) of 

this title, the period of continued eligibility 

shall be the longer of the following periods 

beginning on such date: 

(A) Three years. 

(B) The period ending on the date on 

which such dependent attains 21 years of 

age. 

(C) In the case of such a dependent who, 

at 21 years of age, is enrolled in a full-time 

course of study in a secondary school or in 

a full-time course of study in an institution 

of higher education approved by the 

administering Secretary and was, at the time 

of the member’s death, in fact dependent on 

the member for over one-half of such 

dependent’s support, the period ending on 

the earlier of the following dates: 

(i) The date on which such dependent 

ceases to pursue such a course of study, as 

determined by the administering Secretary. 

(ii) The date on which such dependent 

attains 23 years of age. 

(3) For the purposes of paragraph (2)(C), a 

dependent shall be treated as being enrolled 

in a full-time course of study in an institution 

of higher education during any reasonable 

period of transition between the dependent’s 

completion of a full-time course of study in 

a secondary school and the commencement 

of an enrollment in a full-time course of 

study in an institution of higher education, 

as determined by the administering 

Secretary. 

(4) The terms and conditions under which 

health benefits are provided under this 

chapter to a dependent of a deceased member 

under paragraph (2) shall be the same as 

those that would apply to the dependent 

under this chapter if the member were living 

and serving on active duty for a period of 

more than 30 days. 

(5) In this subsection, the term ‘‘TRICARE 

Prime’’ means the managed care option of the 

TRICARE program. 

Certain Dependents 

Section 715 of the NDAA FY06 

changed the time frame that certain 

dependents shall continue to retain 

eligibility to enroll in TRICARE Prime at 

the active duty dependent payment rate 

and receive the same health benefits 

that would apply to them if the member 

were still living and serving on active 

duty. Section 715 applies to those 

dependents defined in 10 U.S.C. 

Chapter 55, subparagraph (D) or (I) of 

section 1072(2). In the supplementary 

section of this Interim Final Rule, those 

dependents in subparagraphs (D) and (I) 

are referred to as ‘‘certain dependents’’

and the specific legislative language for 

these two subparagraphs is outlined 

below. 

Subparagraph (D) of 1072(2) addresses 

a child who—

(i) has not attained the age of 21; 

(ii) has not attained the age of 23, is 

enrolled in a full-time course of study 

at an institution of higher learning 

approved by the administering Secretary 

and is, or was at the time of the 

member’s or former member’s death, in 

fact dependent on the member or former 

member for over one-half of the child’s 

support; or 

(iii) is incapable of self-support 

because of a mental or physical 

incapacity that occurs while a 

dependent of a member or former 

member under clause (i) or (ii) and is, 

or was at the time of the member’s or 

former member’s death, in fact 

dependent on the member or former 

member for over one-half of the child’s 

support. 

Subparagraph (I) addresses an 

unmarried person who—

(i) is placed in the legal custody of the 

member or former member as a result of 

an order of a court of competent 

jurisdiction in the United States (or 

possession of the United States) for a 

period of at least 12 consecutive 

months; 

(ii) either—

(I) has not attained the age of 21; 

(II) has not attained the age of 23 and 

is enrolled in a full time course of study 

at an institution of higher learning 

approved by the administering 

Secretary; or 

(III) is incapable of self support 

because of a mental or physical 

incapacity that occurred while the 

person was considered a dependent of 

the member or former member under 

this subparagraph pursuant to subclause 

(I) or (II); 

(iii) is dependent on the member or 

former member for over one-half of the 

person’s support; 

(iv) resides with the member or 

former member unless separated by the 

necessity of military service or to 

receive institutional care as a result of 

disability or incapacitation or under 

such other circumstances as the 

administering Secretary may by 

regulation prescribe; and 

(v) is not a dependent of a member or 

a former member under any other 

subparagraph. 

These certain dependents may avail 

themselves of the active duty dependent 

payment rates available under TRICARE 

Standard, Extra, or Prime and enjoy 

medical benefits at the active duty 

dependent payment rate in accordance 

with the time frames listed in Section 

715. Of significance is the cost saving 

opportunity Section 715 presents for 

those certain dependents that choose to 


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2446 Federal Register / Vol. 72, No. 12 / Friday, January 19, 2007 / Rules and Regulations 

enroll in TRICARE Prime. Currently, 

there is no TRICARE Prime enrollment 

fee and no TRICARE Prime copayment 

for an active duty dependent Prime 

enrollee so those certain dependents 

who are enrolled in Prime also would 

have no Prime enrollment fee and no 

Prime copayment. 

Those certain dependents that choose 

TRICARE Standard or Extra would be 

responsible for the active duty payment 

rate (cost-share) applicable under those 

two programs. The active duty 

dependent payment rates for TRICARE 

Standard and Extra vary by type of 

service (inpatient, outpatient, etc.) and 

can be found in 32 CFR 199.4(f). 

TRICARE Prime Remote 

Because Section 715 references 

TRICARE Prime, the Department is 

interpreting this section to also include 

the TRICARE ‘‘Prime-like’’ benefit 

known as TRICARE Prime Remote 

(TPR). As a result, TPR will be available 

to surviving spouses and certain 

dependents whose sponsor died while 

on active duty for a period of more than 

30 days. Surviving spouses will be 

eligible to enroll in TPR for a three-year 

period. Certain dependents will be 

eligible to enroll in TPR as long as they 

meet the criteria for being a dependent 

as described in 10 U.S.C. Chapter 55, 

subparagraph (D) or (I) of section 

1072(2). 

For additional information on the TPR 

program, the reader should refer to the 

interim final rules that were published 

in the Federal Register on February 6, 

2002, (67 FR 5477) and July 31, 2003 (68 

FR 44883). 

Extended Care Health Option (ECHO) 

Based on the Department’s 

interpretation of Section 715 of the 

NDAA FY06, the ECHO is also available 

to surviving spouses and certain 

dependents of deceased active duty 

members because these surviving 

spouses and certain dependents are 

treated as if the sponsoring member 

were still living and serving on active 

duty. 

For additional information on the 

ECHO program, the reader should refer 

to the final rules that were published in 

the Federal Register on July 28, 2004, 

(69 FR 44942) and August 20, 2004, (69 

FR 51559). 

Surviving Spouse 

We note that Section 715 of the 

NDAA FY 06 provision makes no 

change to the time frame that the 

surviving spouse shall receive care at 

the active duty dependent payment rate. 

Surviving spouses retain the three year 

period of TRICARE Prime, TPR, 

TRICARE Extra or TRICARE Standard at 

the active duty dependent payment rate. 

At the end of the three year period, 

surviving spouses continue eligibility 

for TRICARE benefits at the retiree 

payment rate. 

The provisions found in Section 715 

are effective with respect to deaths 

occurring on or after October 7, 2001. 

II. Eligibility Determinations 

Section 715 of the NDAA FY06 

authorizes the time frame that certain 

dependents shall retain active duty 

dependent payment rates for medical 

benefits available under TRICARE. The 

provision has no impact on eligibility 

rules. Consequently, this provision does 

not preclude loss of eligibility as a result 

of any condition which routinely results 

in loss of TRICARE eligibility such as 

reaching age limits, marriage, 

remarriage, etc. 

Although the TRICARE Management 

Activity is tasked with publishing 

legislatively mandated eligibility 

changes to Title 10 U.S.C., 

determination of dependent eligibility is 

the primary responsibility of the 

Uniformed Services. TRICARE relies 

primarily on the Defense Enrollment 

Eligibility Reporting System (DEERS) for 

eligibility verification. However, a 

determination by the Uniformed 

Services that a person is eligible does 

not automatically entitle such a person 

to TRICARE payments. Before any 

TRICARE benefits may be extended, 

additional requirements of 32 CFR Part 

199 must be met. In accordance with 10 

U.S.C. 1084, as implemented by 

§ 199.3(h), disputes regarding eligibility 

as a dependent or dates of beginning 

eligibility for benefits under TRICARE 

can only be resolved by the appropriate 

Uniformed Service Secretary. 

III. Modification of Requirement for 

Certain Intermediaries Under Certain 

Authorities Relating to Adoptions 

Section 592 of the NDAA FY06 states 

that: 

(a) Reimbursement for Adoption 

Expenses—Section 1052(g)(1) of title 10, 

United States Code, is amended by inserting 

‘or other source authorized to place children 

for adoption under State or local law’ after 

‘qualified adoption agency’. 

(b) Treatment as Children for Medical and 

Dental Care Purposes—Section 1072(6)(D)(i) 

of such title is amended by inserting ‘, or by 

any other source authorized by State or local 

law to provide adoption placement,’ after 

‘(recognized by the Secretary of Defense)’. 

Prior to the NDAA FY06, a child 

placed in the home by a placement 

agency recognized by the Secretary of 

Defense in anticipation of the legal 

adoption of the person was eligible for 

TRICARE. Section 592 of the NDAA 

FY06 expands those intermediaries who 

perform adoption placement to include 

placement by any source authorized by 

State or local law to provide adoption 

placement. This expanded language 

mirrors the language found in Title 10, 

Subpart A, Part II, Chapter 53, Section 

1052, reimbursement for adoption 

expenses, and provides consistency 

between personnel benefit policies in 

chapter 53 of Title 10, United States 

Code, and eligibility for TRICARE under 

chapter 55 of Title 10, United States 

Code. Effective date of the NDAA FY06 

(and this provision) is January 6, 2006. 

IV. Administrative Change—Court 

Order/Adoption Placement 

During the course of amending the 

regulation to incorporate the NDAA 

FY06 provisions, we identified the need 

for an administrative clarification to 32 

CFR Part 199 Section 3. This interim 

final rule clarifies the eligibility 

provisions for an unmarried person who 

is placed in the legal custody of the 

member or former member as a result of 

an order of a court of competent 

jurisdiction in the United States (or 

possession of the United States) by 

stating that the court order must be for 

a period of at least 12 consecutive 

months. We currently address a child 

who is placed in legal custody of a 

member or former member, but the 

language unintentionally omitted the 12 

consecutive month period required by 

10 U.S.C. 1072(I)(i). 

Additionally, this rule clarifies that an 

unmarried person placed in legal 

custody of a member or former member 

is a category that is separate and distinct 

from those placed for adoption. We 

accomplish this by providing separate 

regulatory paragraphs for each group. 

For further information on these two 

groups, we refer the reader to the final 

rule that established these groups, 64 FR 

46133, August 24, 1999. 

V. Regulatory Procedures 

We have examined the impact of the 

interim rule under Executive Order (EO) 

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. 

Section 801 of title 5, United States 

Code, and Executive Order 12866 

requires certain regulatory assessments 

and procedures for any major rule or 

significant regulatory action, defined as 


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Federal Register / Vol. 72, No. 12 / Friday, January 19, 2007 / Rules and Regulations 2447 

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 is not a major rule under 5 U.S.C. 

801. It is a significant regulatory action 

but not economically significant, and 

has been reviewed by the Office of 

Management and Budget as required 

under the provisions of E. O. 12866. In 

addition, we certify that this proposed 

rule will not significantly affect a 

substantial number of small entities. 

This final rule will not impose 

additional information collection 

requirements on the public under the 

Paperwork Reduction Act of 1995 (44 

U.S.C. Chapter 55). 

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 

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 199.3 is amended by 

revising paragraph (b)(2)(ii)(H)(4) and by 

adding new paragraphs (b)(2)(iv), and 

(c)(9)(iii) to read as follows: 

§ 199.3 Eligibility. 

* * * * * 

(b) * * * 

(2) * * * 

(ii) * * * 

(H) * * * 

(4) An unmarried person. An 

unmarried person placed in the home of 

a member or former member prior to 

adoption. To be a dependent child, the 

unmarried person must not have 

reached the age of 21 (or otherwise 

meets the requirements of a student or 

incapacitated child set out in 

paragraphs (b)(2)((ii)(H)(1) or 

(b)(2)(ii)(H)(2) of this section) and has 

been placed in the home of the member 

or former member by a recognized 

placement agency or by any other 

source authorized by State or local law 

to provide adoption placement, in 

anticipation of legal adoption by the 

member or former member. 

* * * * * 

(iv) An unmarried person who is 

placed in the legal custody of a member 

or former member by a court of 

competent jurisdiction in the United 

States (or possession of the United 

States) for a period of at least 12 

consecutive months. The unmarried 

person shall be considered a dependent 

of the member or former member under 

this section provided he or she 

otherwise meets the following 

qualifications: 

(A) Has not reached the age of 21 

unless he or she otherwise meets the 

requirements of a student set out in 

paragraph (b)(2)(ii)(H)(1) of this section 

or the requirements for being 

incapacitated as set out in paragraph 

(b)(2)(ii)(H)(2) of this section and the 

incapacitation occurred while he or she 

was a dependent of the member or 

former member through court ordered 

legal custody; 

(B) Is dependent on the member or 

former member for over one-half of the 

person’s support; 

(C) Resides with the member or 

former member unless separated by the 

necessity of military service or to 

receive institutional care as a result of 

disability or incapacitation or under 

such other authorized circumstances; 

and, 

(D) Is not a dependent of a member or 

former member under any other 

provision of law or regulation. 

* * * * * 

(c) * * * 

(9) * * * 

(iii) Has been placed in the home of 

a member by a placement agency or by 

any other source authorized by State or 

local law to provide adoption 

placement, in anticipation of the legal 

adoption of the member: 

(A) All benefits for which entitled, 

January 6, 2006. 

(B) Extended Care Health Option 

benefits limited to children of members 

only, January 6, 2006. 

* * * * * 

■ 3. Section 199.5 is amended by 

revising paragraphs (a)(2), (b)(1), and 

(f)(3)(i) to read as follows: 

§ 199.5 TRICARE Extended Care Health 

Care Option (ECHO). 

(a) * * * 

(2) The purpose of the ECHO is to 

provide an additional financial resource 

for an integrated set of services and 

supplies designed to assist in the 

reduction of the disabling effects of the 

ECHO-eligible dependent’s qualifying 

condition. Services include those 

necessary to maintain, minimize or 

prevent deterioration of function of an 

ECHO-eligible dependent. 

(b) * * * 

(1) The following categories of 

TRICARE/CHAMPUS beneficiaries with 

a qualifying condition are ECHO-eligible 

dependents: 

(i) A spouse, child, or unmarried 

person (as described in § 199.3(b)(2)(i), 

(b)(2)(ii), or (b)(2)(iv)) of a member of 

the Uniformed Services on active duty 

for a period of more than 30 days. 

(ii) An abused dependent as described 

in § 199.3(b)(2)(iii). 

(iii) A spouse, child, or unmarried 

person (as described in § 199.3(b)(2)(i), 

(b)(2)(ii), or (b)(2)(iv)), of a member of 

the Uniformed Services who dies while 

on active duty for a period of more than 

30 days and whose death occurs on or 

after October 7, 2001. In such case, an 

eligible surviving spouse remains 

eligible for benefits under the ECHO for 

a period of 3 years from the date the 

active duty sponsor dies. Any other 

eligible surviving dependent remains 

eligible for benefits under the ECHO for 

a period of three years from the date the 

active duty sponsor dies or until the 

surviving eligible dependent: 

(A) Attains 21 years of age, or 

(B) Attains 23 years of age or ceases 

to pursue a full-time course of study 

prior to attaining 23 years of age, if, at 

21 years of age, the eligible surviving 

dependent is enrolled in a full-time 

course of study in a secondary school or 

in a full-time course of study in an 

institution of higher education approved 

by Secretary of Defense and was, at the 

time of the sponsor’s death, in fact 

dependent on the member for over onehalf of such dependent’s support. 

(iv) A spouse, child, or unmarried 

person (as defined in paragraphs 

§ 199.3(b)(2)(i), (b)(2)(ii), or (b)(2)(iv)) of 

a deceased member of the Uniformed 

Services who, at the time of the 

member’s death was receiving benefits 

under ECHO, and the member at the 

time of death was eligible for receipt of 

hostile-fire pay, or died as a result of a 

disease or injury incurred while eligible 

for such pay. In such a case, the 

surviving dependent remains eligible for 

benefits under ECHO through midnight 

of the dependent’s twenty-first birthday. 

* * * * * 

(f) * * * 

(3) * * * 

(i) ECHO. The total Government share 

of the cost of all ECHO benefits, except 

ECHO Home Health Care (EHHC) and 

EHHC respite care, provided in a given 

month to a beneficiary may not exceed 

$2,500 after application of the allowable 

payment methodology. 

* * * * * 

■ 4. Section 199.17 is amended by: 


frosa on PROD1PC71 with RULES
2448 Federal Register / Vol. 72, No. 12 / Friday, January 19, 2007 / Rules and Regulations 

■ a. Redesignating paragraphs (c)(3) and 

(c)(4) as paragraphs (c)(4) and (c)(5) 

respectively. 

■ b. Adding new paragraph (c)(3). 

■ c. Revising paragraphs (g)(2) and 

(g)(3)(i) introductory text. 

■ d. Adding new paragraphs (g)(3)(i)(D) 

and (g)(3)(i)(E) to read as follows: 

§ 199.17 TRICARE Program. 

* * * * * * 

(c) * * * 

(3) Survivors of Deceased Members. (i) 

The spouse of a member who dies while 

on active duty for a period of more than 

30 days is eligible to enroll in Prime for 

a 3 year period beginning on the date of 

the member’s death. For the three year 

period, surviving spouses of a member 

who dies while on active duty for a 

period of more than 30 days are subject 

to the same rules and provisions as 

dependents of active duty members. 

(ii) A dependent child or unmarried 

person (as described in § 199.3(b)(2)(ii), 

or (b)(2)(iv)) of a member who dies 

while on active duty for a period of 

more than 30 days whose death 

occurred on or after October 7, 2001, is 

eligible to enroll in Prime and is subject 

to the same rules and provisions as 

dependents of active duty members for 

a period of three years from the date the 

active duty sponsor dies or until the 

surviving eligible dependent: 

(A) Attains 21 years of age, or 

(B) Attains 23 years of age or ceases 

to pursue a full-time course of study 

prior to attaining 23 years of age, if, at 

21 years of age, the eligible surviving 

dependent is enrolled in a full-time 

course of study in a secondary school or 

in a full-time course of study in an 

institution of higher education approved 

by the Secretary of Defense and was, at 

the time of the sponsor’s death, in fact 

dependent on the member for over onehalf of such dependent’s support. 

* * * * * 

(g) * * * 

(2) Active duty family member. For 

purposes of this paragraph (g), the term 

‘‘active duty family member’’ means one 

of the following dependents of an active 

duty member of the Uniformed Services: 

(i) Spouse, child, or unmarried 

person, as defined in paragraphs § 199.3 

(b)(2)(i), (b)(2)(ii) or (b)(2)(iv); 

(ii) For a 3-year period, the surviving 

spouse of a member who dies while on 

active duty for a period of more than 30 

days whose death occurred on or after 

October 7, 2001; and 

(iii) The surviving dependent child or 

unmarried person, as defined in 

paragraphs § 199.3 (b)(2)(ii) or (b)(2)(iv), 

of a member who dies while on active 

duty for a period of more than 30 days 

whose death occurred on or after 

October 7, 2001. Active duty family 

member status is for a period of 3 years 

from the date the active duty sponsor 

dies or until the surviving eligible 

dependent: 

(A) Attains 21 years of age, or 

(B) Attains 23 years of age or ceases 

to pursue a full-time course of study 

prior to attaining 23 years of age, if, at 

21 years of age, the eligible surviving 

dependent is enrolled in a full-time 

course of study in a secondary school or 

in a full-time course of study in an 

institution of higher education approved 

by the Secretary of Defense and was, at 

the time of the sponsor’s death, in fact 

dependent on the member for over onehalf of such dependent’s support. 

(3) Eligibility. (i) An active duty 

family member is eligible for TRICARE 

Prime Remote for Active Duty Family 

Members if he or she is eligible for 

CHAMPUS and, on or after December 2, 

2003, meets the criteria of (g)(3)(i)(A) 

and (g)(3)(i)(B) or (g)(3)(i)(C) of this 

section or on or after October 7, 2001, 

meets the criteria of (g)(3)(i)(D) or 

(g)(3)(i)(E) of this section: 

* * * * * 

(D) For a 3 year period, the surviving 

spouse of a member who dies while on 

active duty for a period of more than 30 

days whose death occurred on or after 

October 7, 2001. 

(E) The surviving dependent child or 

unmarried person as defined in 

paragraphs § 199.3 (b)(2)(ii) or (b)(2)(iv), 

of a member who dies while on active 

duty for a period of more than 30 days 

whose death occurred on or after 

October 7, 2001, for three years from the 

date the active duty sponsor dies or 

until the surviving eligible dependent: 

(1) Attains 21 years of age, or 

(2) Attains 23 years of age or ceases 

to pursue a full-time course of study 

prior to attaining 23 years of age, if, at 

21 years of age, the eligible surviving 

dependent is enrolled in a full-time 

course of study in a secondary school or 

in a full-time course of study in an 

institution of higher education approved 

by the Secretary of Defense and was, at 

the time of the sponsor’s death, in fact 

dependent on the member for over onehalf of such dependent’s support. 

* * * * * 

Dated: January 10, 2007. 

L. M. Bynum, 

Alternate OSD Federal Register Liaison 

Officer, Department of Defense. 

[FR Doc. E7–709 Filed 1–18–07; 8:45 am] 

BILLING CODE 5001–06–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[CGD07–05–138] 

RIN 1625–AA11 

Regulated Navigation Area: Savannah 

River, Savannah, GA 

AGENCY: Coast Guard, DHS. 

ACTION: Interim rule with request for 

comments. 

SUMMARY: On January 23, 2006, the 

Coast Guard published a notice of 

proposed rulemaking (NPRM) to revise 

the regulated navigation area in 

Savannah, Georgia, to address changes 

in Liquefied Natural Gas (LNG) tankship 

mooring locations following the creation 

of two new berths within a slip at the 

Southern LNG facility on the Savannah 

River. The previous rule only addressed 

facility and vessel requirements when 

an LNG vessel was underway or was 

moored parallel to the navigational 

channel outside of the slip. This interim 

rule describes requirements for three 

different potential mooring situations 

following the expansion: an LNG 

tankship moored outside of the slip, one 

or more LNG tankships moored inside 

the slip, and LNG tankships moored 

both inside and outside of the slip. This 

interim rule will become effective on 

February 20, 2007. However, we still 

encourage you to participate in this 

rulemaking by submitting comments 

and related material to the docket. We 

will accept comments for 60 days from 

the date this rule is published in the 

Federal Register, after which we intend 

to publish a final rule. Any comments 

received will be considered in the final 

rule. This interim rule is necessary to 

ensure safe navigation of the Savannah 

River and the safe transfer of LNG in the 

Port of Savannah. 

DATES: This interim rule is effective 

February 20, 2007. Comments and 

related material must reach the Coast 

Guard on or before March 20, 2007. 

ADDRESSES: Comments and material 

received from the public, as well as 

documents indicated in this preamble as 

being available in the docket [CGD07–

05–138], will become part of this docket 

and will be available for inspection or 

copying at Marine Safety Unit 

Savannah, Gordon Low Federal 

Building, Suite 1017, 100 W. 

Oglethorpe, Savannah, Georgia 31401, 

between 7:30 a.m. and 4:30 p.m., 

Monday through Friday, except Federal 

holidays. 


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