59504 Federal Register / Vol. 73, No. 197 / Thursday, October 9, 2008 / Rules and Regulations 

(2) Ensure that the Commanding 

Officer, Coast Guard Pay and Personnel 

Center: 

(i) Implements procedures established 

by the Under Secretary of Defense for 

Personnel and Readiness, the Under 

Secretary of Defense (Comptroller), and 

Chief, Office of Personnel and Training. 

(ii) Considers whether the 

Servicemembers Civil Relief Act, as 

amended (50 U.S.C. Appendix, sections 

501–591) has been complied with 

pursuant to 5 U.S.C. 5520a(k) prior to 

establishing an involuntary allotment 

against the pay of a member of the 

Military Services. 

(iii) Acts as the Coast Guard manager 

for forms necessary to process 

involuntary allotments. 

Dated: September 30, 2008. 

Patricia L. Toppings, 

OSD Federal Register Liaison Officer, 

Department of Defense. 

[FR Doc. E8–23977 Filed 10–8–08; 8:45 am] 

BILLING CODE 5001–06–P 

DEPARTMENT OF DEFENSE 

Office of the Secretary 

32 CFR Part 199 

[DoD–2008–HA–0035] 

RIN 0720–AA69 

Civilian Health and Medical Program of 

the Uniformed Services (CHAMPUS); 

Voluntary Disenrollment From the 

TRICARE Retiree Dental Program 

(TRDP) 

AGENCY: Office of the Secretary, 

Department of Defense. 

ACTION: Final rule. 

SUMMARY: This final rule implements 

section 726 of the Floyd D. Spence 

National Defense Authorization Act 

(NDAA) for Fiscal Year (FY) 2001, 

which amended 10 U.S.C. 1076c to 

allow for voluntary disenrollment from 

the TRICARE Retiree Dental Program 

(TRDP) in certain circumstances. 

DATES: Effective Date: This rule is 

effective November 10, 2008. 

FOR FURTHER INFORMATION CONTACT: 

Colonel Gary Martin, TMA, TRICARE 

Policy and Operations, telephone (703) 

681–0039. 

SUPPLEMENTARY INFORMATION: 

I. Summary of Final Rule Provisions 

Section 726 of the Floyd D. Spence 

NDAA for FY 2001 (Pub. L. 106–398), 

amended 10 U.S.C. 1076c by directing 

the Department to allow an enrollee to 

the TRDP to disenroll at the beginning 

of the prescribed enrollment period and 

to permit disenrollment thereafter under 

limited circumstances providing that 

the fiscal integrity of the dental program 

is not jeopardized. The amendment 

specifies the inclusion of the following 

circumstances: a period of up to 30 days 

at the beginning of the prescribed 

minimum enrollment period during 

which an enrollee may disenroll; 

assignment of Federal employment 

outside dental plan jurisdiction that 

prevents utilization of the plan’s 

benefits; a serious medical condition 

that prevents utilization of the plan’s 

benefits; and, severe financial hardship. 

The final rule expands the voluntary 

termination provision of the TRDP 

provided by the Department and 

originally contained in a final rule 

published in the Federal Register on 

January 30, 2002 (67 FR 4353). Under 

the statutory mandate for voluntary 

enrollment required by section 704 of 

the NDAA for FY 2000 (Pub. L. 106–65), 

that provision implemented a grace 

period in which a new enrollee could 

voluntarily disenroll during the first 30 

days following the beginning date of 

coverage on the condition that no 

benefits had been used and, effectively, 

nullify the enrollment. It also 

designated the TRDP contractor as the 

authority for grace period disenrollment 

decisions. 

This final rule provides another 

opportunity for voluntary disenrollment 

from the TRDP during the enrollment 

lock-in period that could occur upon an 

enrollee’s request without any penalty 

and is based on the extenuating 

circumstances specified in the Floyd D. 

Spence NDAA for FY 2001. The TRDP 

contractor continues as the authority for 

voluntary disenrollment decisions but 

only at the initial level. The final rule 

allows a process for enrollees to appeal 

to the TMA all adverse decisions made 

by the contractor in response to requests 

for voluntary disenrollment. 

The final rule also makes 

administrative corrections. 

II. Review of Public Comments 

We published the proposed rule on 

January 30, 2002 (67 FR 4375) and 

provided a 60-day comment period. We 

received no public comments. 

III. Regulating Procedures 

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 does not contain a Federal 

mandate that may result in the 

expenditure by State, local and tribunal 

governments, in aggregate, or by the 

private sector, of $100 million or more 

in any one year. 

This rule will not impose additional 

information collection requirements on 

the public under the Paperwork 

Reduction Act of 1995 (Title 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 

Claims, Dental health, Health 

insurance, Individuals with disabilities, 

Military personnel. 

■ Accordingly, 32 CFR part 199 is 

amended as follows: 

PART 199—[AMENDED] 

■ 1. The authority citation for 32 CFR 

part 199 continues to read as follows: 

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

55. 

■ 2. Section 199.22 is amended by 

revising paragraph (b)(4); the first two 

sentences of paragraph (d)(1)(iv) 

introductory text; and paragraphs 

(d)(4)(ii), (d)(5)(ii), (e)(2) and (k) to read 

as follows: 

§ 199.22 TRICARE Retiree Dental Program 

(TRDP). 

* * * * * 

(b) * * * 

(4) Except as otherwise provided in 

this section or by the Assistant Secretary 

of Defense (Health Affairs) or designee, 

the TRDP is administered in a manner 

similar to the TRICARE Dental Program 

under § 199.13 of this part. 

* * * * * 


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Federal Register / Vol. 73, No. 197 / Thursday, October 9, 2008 / Rules and Regulations 59505 

(d) * * * 

(1) * * * 

(iv) Eligible dependents of a member 

described in paragraph (d)(1)(i) or 

paragraph (d)(1)(ii) of this section when 

the member is not enrolled in the 

program and the member meets at least 

one of the conditions in paragraphs 

(d)(1)(iv)(A) through (C) of this section. 

Already enrolled members must satisfy 

any remaining enrollment commitment 

prior to enrollment of dependents 

becoming effective under this 

paragraph, at which time the 

dependent-only enrollment will 

continue on a voluntary basis as 

specified in paragraph (d)(4) of this 

section. * * * 

* * * * * 

(4) * * * 

(ii) Enrollment period for enhanced 

benefits. The initial enrollment period 

for enhanced benefit coverage described 

in paragraph (f)(2) of this section shall 

be established by the Director, TMA, or 

designee, to be a period of not less than 

12 months and not more than 24 

months. The initial enrollment period 

shall be followed by renewal enrollment 

periods of up to 12 months as long as 

the enrollee chooses to continue 

enrollment and remains eligible. An 

enrollee who chooses not to continue 

enrollment upon completion of an 

enrollment period may re-enroll at any 

time. However, an enrollee who is 

disenrolled from the TRDP before 

completion of an initial or subsequent 

enrollment period for reasons other than 

those in paragraphs in (d)(5)(ii)(A) and 

(B) of this section shall incur a lockout 

period of 12 months before reenrollment can occur. Former enrollees 

who re-enroll following a lockout period 

or following a period of disenrollment 

after completion of an enrollment 

period must comply with all provisions 

that apply to new enrollees, including a 

new enrollment commitment. 

(5) * * * 

(ii) Voluntary termination. All 

enrollee requests for termination of 

TRDP coverage before the completion of 

an enrollment period shall be submitted 

to the TRDP contractor for 

determination of whether the enrollee 

qualifies to be disenrolled under 

paragraphs (d)(5)(ii)(A) or (B) of this 

section. 

(A) Enrollment grace period. 

Regardless of the reason, TRDP coverage 

shall be cancelled, or otherwise 

terminated, upon request from an 

enrollee if the request is received by the 

TRDP contractor within 30 calendar 

days following the enrollment effective 

date and there has been no use of TRDP 

benefits under the enrollment during 

that period. If such is the case, the 

enrollment is voided and all premium 

payments are refunded. However, use of 

benefits during this 30-day enrollment 

grace period constitutes acceptance by 

the enrollee of the enrollment and the 

enrollment period commitment. In this 

case, a request for termination of 

enrollment under paragraph (d)(5)(ii)(A) 

of this section will not be honored, and 

premiums will not be refunded. 

(B) Extenuating circumstances. Under 

limited circumstances, TRDP enrollees 

shall be disenrolled by the contractor 

before the completion of an enrollment 

period commitment upon request by an 

enrollee if the enrollee submits written, 

factual documentation that 

independently verifies that one of the 

following extenuating circumstances 

occurred during the enrollment period. 

In general, the circumstances must be 

unforeseen and long-term and must 

have originated after the effective date 

of TRDP coverage. 

(1) The enrollee is prevented by a 

serious medical condition from being 

able to utilize TRDP benefits, 

(2) The enrollee would suffer severe 

financial hardship by continuing TRDP 

enrollment; or 

(3) Any other circumstances which 

the Secretary considers appropriate. 

(C) Effective date of voluntary 

termination. For cases determined to 

qualify for disenrollment under the 

grace period provisions in paragraph 

(d)(5)(ii)(A) of this section, enrollment is 

completely nullified effective from the 

beginning date of coverage. For cases 

determined to qualify for disenrollment 

under the extenuating circumstances 

provisions in paragraph (d)(5)(ii)(B) of 

this section, the effective date of 

disenrollment is the first of the month 

following the contractor’s initial 

determination on the disenrollment 

request or the first of the month 

following the last use of TRDP benefits 

under the enrollment, whichever is 

later. 

(D) Appeal process for denied 

voluntary enrollment termination. An 

enrollee has the right to appeal the 

contractor’s determination that a 

disenrollment request does not qualify 

under paragraphs (d)(5)(ii)(A) or (B) of 

this section. The enrollee may appeal 

that determination by submitting a 

written appeal to the TMA, Office of 

Appeals and Hearings, with a copy of 

the contractor’s determination notice 

and relevant documentation supporting 

the disenrollment request. This appeal 

must be received by TMA within 60 

days of the date on the contractor’s 

determination notice. The burden of 

proof is on the enrollee to establish 

affirmatively by substantial evidence 

that the enrollee qualifies to be 

disenrolled under paragraphs 

(d)(5)(ii)(A) or (B) of this section. TMA 

will issue written notification to the 

enrollee and the contractor of its appeal 

determination within 60 days from the 

date of receipt of the appeal request. 

That determination is final. 

* * * * * 

(e) * * * 

(2) Effects of failure to make premium 

payments. Failure to make premium 

payments will result in the enrollee’s 

disenrollment from the TRDP and a 

lockout period of 12 months. Following 

this period of time, eligible individuals 

will be able to re-enroll. 

* * * * * 

(k) Appeal procedures. All levels of 

appeal established by the contractor 

shall be exhausted prior to an appeal 

being filed with the TMA. Procedures 

comparable to those established for 

appeal of benefit determinations under 

§ 199.10 of this part shall apply together 

with the procedures for appeal of 

voluntary disenrollment determinations 

described in paragraph (d)(5)(ii)(D) of 

this section. 

* * * * * 

Dated: September 30, 2008. 

Patricia L. Toppings, 

OSD Federal Register Liaison Officer, 

Department of Defense. 

[FR Doc. E8–24001 Filed 10–8–08; 8:45 am] 

BILLING CODE 5001–06–P 

DEPARTMENT OF DEFENSE 

Office of the Secretary 

32 CFR Part 212 

[DoD–2006–OS–0041; 0790–AI35] 

Procedures and Support for NonFederal Entities Authorized To Operate 

on Department of Defense (DoD) 

Installations 

AGENCY: Department of Defense. 

ACTION: Final rule. 

SUMMARY: This rule updates 

responsibilities and procedures to 

define and reestablish a framework for 

non-Federal entities (NFEs) (previously 

called ‘‘private organizations’’) 

authorized to operate on DoD 

installations. It requires the Heads of 

DoD Components to conduct periodic 

reviews of facilities, programs, services, 

and membership provisions of NFEs 

operating on DoD installations and 

authorizes installation commanders or 

higher authority to determine if an NFE 

detracts from DoD programs and to 

eliminate duplication. The rule also 


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