Federal Register / Vol. 76, No. 180 / Friday, September 16, 2011 / Rules and Regulations 57643 

(9) * * * 

(ii) Benefits are available for 

otherwise covered services and supplies 

required in the treatment of 

complications (unfortunate sequelae) 

resulting from a noncovered incident of 

treatment provided in an MTF, when 

the initial noncovered service has been 

authorized by the MTF Commander and 

the MTF is unable to provide the 

necessary treatment of the 

complications, according to the 

guidelines adopted by the Director, 

TMA, or a designee. 

* * * * * 

Dated: August 24, 2011. 

Patricia L. Toppings, 

OSD Federal Register Liaison Officer, 

Department of Defense. 

[FR Doc. 2011–23762 Filed 9–15–11; 8:45 am] 

BILLING CODE 5001–06–P 

DEPARTMENT OF DEFENSE 

Office of the Secretary 

32 CFR Part 199 

[Docket ID: DOD–2010–HA–0071; RIN 0720– 

AB40] 

TRICARE; Changes Included in the 

National Defense Authorization Act for 

Fiscal Year 2010; Expansion of 

Survivor Eligibility Under the TRICARE 

Dental Program 

AGENCY: Office of the Secretary, DoD. 

ACTION: Final rule. 

SUMMARY: The Department is publishing 

this final rule to implement the National 

Defense Authorization Act for Fiscal 

Year 2010 (NDAA for FY10), as 

amended by the National Defense 

Authorization Act for Fiscal Year 2011 

(NDAA for FY11). Specifically, that 

legislation expands the survivor 

eligibility under the TRICARE Dental 

Program (TDP). The 2011 amendment to 

the legislation entitles the surviving 

spouse and child(ren) continuation of 

eligibility for the TDP regardless of 

whether they were previously enrolled 

in the TDP. Prior enrollment in the TDP 

had been a requirement of the 2010 

legislation for both the spouse and 

children. The period of continued 

eligibility for a spouse will be 3 years 

beginning on the date of the member’s 

death. The legislation entitles a child to 

continuation of eligibility for the TDP 

for the longer of three years or until age 

21 (or 23 for most full-time students). 

Survivors, who meet the new eligibility 

requirements, will obtain TDP eligibility 

as of the publishing of the final rule in 

the Federal Register. Retroactive 

payment of premiums or claims paid for 

dental treatment during the time of loss 

of TDP eligibility will not be reimbursed 

to surviving dependents. 

DATES: Effective Date: This rule is 

effective October 17, 2011. 

FOR FURTHER INFORMATION CONTACT: Col. 

Jeffrey Chaffin, TRICARE Management 

Activity, telephone (703) 681–0039. 

SUPPLEMENTARY INFORMATION: This final 

rule implements section 704 of the 

National Defense Authorization Act for 

Fiscal Year 2010 (NDAA for FY10), 

Public Law 111–84, as amended by 

Section 703 of the National Defense 

Authorization Act for Fiscal Year 2011 

(NDAA for FY11), Public Law 111–83. 

I. Background 

This final rule expands the survivor 

eligibility under the TRICARE Dental 

Program (TDP). The legislation entitles 

the surviving spouse and child(ren) 

continuation of eligibility for the TDP 

regardless of whether they were 

previously enrolled in the TDP. Prior 

enrollment in the TDP had been a 

requirement of the 2010 legislation for 

both the spouse and children. The 

period of continued eligibility for 

spouse will be 3 years beginning on the 

date of the member’s death. The period 

of continued eligibility for children will 

be 3 years beginning on the date of the 

member’s death or until age 21 (or age 

23 for most full-time students). 

The final rule will maintain the 

government’s payment of both the 

government and dependent’s portion of 

the premium share during the period of 

continuous enrollment. 

II. Public Comments 

The proposed rule was published in 

the Federal Register on August 18, 

2010, for a 60-day comment period. We 

received one comment expressing 

support of the extended eligibilities. 

III. Regulatory Procedures 

Executive Orders 12866 and 13563 and 

Regulatory Flexibility Act 

Executive Orders 12866 and 13563 

require that a comprehensive regulatory 

impact analysis be performed on any 

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 a 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. 

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). 

EO 13132, ‘‘Federalism’’ 

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: 

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 199.13 is amended by 

revising paragraph (c)(3)(ii)(E)(2) to read 

as follows: 

§ 199.13 TRICARE Dental Program. 

* * * * * 

(c) * * * 

(3) * * * 

(ii) * * * 

(E) * * * 

(2) Continuation of eligibility. Eligible 

dependents of active duty members who 

die 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) who die, shall be eligible 

for continued enrollment in the TDP. 

This continued enrollment shall be up 

to (3) three years from the date of the 

member’s death, except that, in the case 

of a dependent of the deceased who is 

described in 10 U.S.C. section 1072(2) 

by subparagraph (D) or (I), the period of 

continued enrollment shall be the 

longer of the following periods 


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57644 Federal Register / Vol. 76, No. 180 / Friday, September 16, 2011 / Rules and Regulations 

beginning on the date of the member’s 

death: 

(i) Three years. 

(ii) The period ending on the date on 

which such dependent attains 21 years 

of age. 

(iii) In the case of such 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 onehalf of such dependent’s support, the 

period ending on the earlier of the 

following dates: The date on which such 

dependent ceases to pursue such a 

course of study, as determined by the 

administering Secretary; or the date on 

which such dependent attains 23 years 

of age. 

* * * * * 

Dated: August 24, 2011. 

Patricia Toppings, 

OSD Federal Register Liaison Officer, 

Department of Defense. 

[FR Doc. 2011–23761 Filed 9–15–11; 8:45 am] 

BILLING CODE 5001–06–P 

DEPARTMENT OF DEFENSE 

Office of the Secretary 

32 CFR Part 256 

[DoD Instruction 4165.57] 

Air Installations Compatible Use Zones 

AGENCY: Department of Defense. 

ACTION: Final rule. 

SUMMARY: This final rule removes the 

DoD’s rule concerning air installations 

compatible use zones. The underlying 

DoD Instruction has been revised and it 

has been determined that there is no 

need to publish the revised DoD 

Instruction as a rule in the Code of 

Federal Regulations since the 

Instruction is for the internal 

management of the DoD. 

DATES: Effective Date: September 16, 

2011. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Patricia L. Toppings at 703–696–5284. 

SUPPLEMENTARY INFORMATION: A copy of 

the current DoD Instruction may be 

obtained from http://www.dtic.mil/whs/ 

directives/corres/pdf/416557p.pdf. 

List of Subjects in 32 CFR Part 256 

Armed forces; airports; environmental 

protection; Federal buildings and 

facilities; navigation (air); noise control. 

PART 256—[REMOVED] 

■ Accordingly, by the authority of 5 

U.S.C. 301, 32 CFR part 256 is removed. 

Dated: August 24, 2011. 

Patricia L. Toppings, 

OSD Federal Register Liaison Officer, 

Department of Defense. 

[FR Doc. 2011–23759 Filed 9–15–11; 8:45 am] 

BILLING CODE 5001–06–P 

DEPARTMENT OF DEFENSE 

Office of the Secretary 

32 CFR Part 311 

[Docket ID: DoD–2011–OS–0004] 

Privacy Act of 1974; Implementation 

AGENCY: Office of the Secretary, DoD. 

ACTION: Direct final rule with request for 

comments. 

SUMMARY: The Office of the Secretary of 

Defense is exempting those records 

contained in DMDC 13, entitled 

‘‘Investigative Records Repository’’, 

when investigatory material is compiled 

solely for the purpose of determining 

suitability, eligibility, or qualifications 

for Federal civilian employment, 

military service, Federal contracts, or 

access to classified information, but 

only to the extent that such material 

would reveal the identity of a 

confidential source. 

This direct final rule makes 

nonsubstantive changes to the Office of 

the Secretary Privacy Program rules. 

These changes will allow the 

Department to add an exemption rule to 

the Office of the Secretary of Defense 

Privacy Program rules that will exempt 

applicable Department records and/or 

material from certain portions of the 

Privacy Act. This change will allow the 

Department to move part of the 

Department’s personnel security 

program records from the Defense 

Security Service Privacy Program to the 

Office of the Secretary of Defense 

Privacy Program. This will improve the 

efficiency and effectiveness of DoD’s 

program by preserving the exempt status 

of the applicable records and/or 

material when the purposes underlying 

the exemption(s) are valid and 

necessary. This rule is being published 

as a direct final rule as the Department 

of Defense does not expect to receive 

any adverse comments, and so a 

proposed rule is unnecessary. 

DATES: The rule will be effective on 

November 25, 2011 unless comments 

are received that would result in a 

contrary determination. Comments will 

be accepted on or before November 15, 

2011. 

ADDRESSES: You may submit comments, 

identified by docket number 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, 1160 Defense Pentagon, 

Washington, DC 20301–1160. 

Instructions: All submissions received 

must include the agency name and 

docket number 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: Ms. 

Cindy Allard at (703) 588–6830. 

SUPPLEMENTARY INFORMATION: 

Direct Final Rule and Significant 

Adverse Comments 

DoD has determined this rulemaking 

meets the criteria for a direct final rule 

because it involves nonsubstantive 

changes dealing with DoD’s 

management of its Privacy Progams. 

DoD expects no opposition to the 

changes and no significant adverse 

comments. However, if DoD receives a 

significant adverse comment, the 

Department will withdraw this direct 

final rule by publishing a notice in the 

Federal Register. A significant adverse 

comment is one that explains: (1) Why 

the direct final rule is inappropriate, 

including challenges to the rule’s 

underlying premise or approach; or (2) 

why the direct final rule will be 

ineffective or unacceptable without a 

change. In determining whether a 

comment necessitates withdrawal of 

this direct final rule, DoD will consider 

whether it warrants a substantive 

response in a notice and comment 

process. 

Executive Order 12866, ‘‘Regulatory 

Planning and Review’’ and Executive 

Order 13563, ‘‘Improving Regulation 

and Regulatory Review’’ 

It has been determined that Privacy 

Act rules for the Department of Defense 

are not significant rules. The rules do 

not (1) have an annual effect on the 

economy of $100 million or more or 

adversely affect in a material way the 

economy; a sector of the economy; 

productivity; competition; jobs; the 

environment; public health or safety; or 

State, local, or tribal governments or 


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