TRICARE; Changes Included in the National Defense Authorization Act for Fiscal Year 2010; Expansion of Survivor Eligibility Under the TRICARE Dental Program, 57643-57644 [2011-23761]
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Federal Register / Vol. 76, No. 180 / Friday, September 16, 2011 / Rules and Regulations
(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
Office of the Secretary, DoD.
Final rule.
AGENCY:
ACTION:
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
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SUMMARY:
VerDate Mar<15>2010
13:06 Sep 15, 2011
Jkt 223001
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
PO 00000
Frm 00019
Fmt 4700
Sfmt 4700
57643
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
E:\FR\FM\16SER1.SGM
16SER1
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.
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
Department of Defense.
Final rule.
AGENCY:
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.
SUMMARY:
Ms.
Patricia L. Toppings at 703–696–5284.
SUPPLEMENTARY INFORMATION: A copy of
the current DoD Instruction may be
obtained from https://www.dtic.mil/whs/
directives/corres/pdf/416557p.pdf.
erowe on DSK2VPTVN1PROD with RULES
FOR FURTHER INFORMATION CONTACT:
List of Subjects in 32 CFR Part 256
Armed forces; airports; environmental
protection; Federal buildings and
facilities; navigation (air); noise control.
VerDate Mar<15>2010
13:06 Sep 15, 2011
Jkt 223001
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
Office of the Secretary, DoD.
Direct final rule with request for
comments.
AGENCY:
ACTION:
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
SUMMARY:
[FR Doc. 2011–23761 Filed 9–15–11; 8:45 am]
ACTION:
PART 256—[REMOVED]
PO 00000
Frm 00020
Fmt 4700
Sfmt 4700
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: https://
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 https://
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
E:\FR\FM\16SER1.SGM
16SER1
]]>Agencies
[Federal Register Volume 76, Number 180 (Friday, September 16, 2011)]
[Rules and Regulations]
[Pages 57643-57644]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-23761]
-----------------------------------------------------------------------
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]
0
1. The authority citation for part 199 continues to read as follows:
Authority: 5 U.S.C. 301; 10 U.S.C. chapter 55.
0
2. Section 199.13 is amended by revising paragraph (c)(3)(ii)(E)(2) to
read as follows:
Sec. 199.13 TRICARE Dental Program.
* * * * *
(c) * * *
(3) * * *
(ii) * * *
(E) * * *
(2) Continuation of eligibility. Eligible dependents of active duty
members 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
[[Page 57644]]
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 one-half 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
