Federal Register / Vol. 69, No. 196 / Tuesday, October 12, 2004 / Rules and Regulations 60555

the cost of repair would exceed 60 

percent of the cost of replacement.

* * * * *

(e) * * * 

(23) A speech generating device (SGD) 

as defined in § 199.2 of this part is 

covered as a voice prosthesis. The 

prosthesis provisions found in 

paragraph (d)(3)(vii) of this section 

apply. 

(24) A hearing aid, but only for a 

dependent of a member of the 

uniformed services on active duty and 

only if the dependent has a profound 

hearing loss as defined in § 199.2 of this 

part. Medically necessary and 

appropriate services and supplies, 

including hearing examinations, 

required in connection with this hearing 

aid benefit are covered. 

(25) Rehabilitation therapy as defined 

in § 199.2 of this part to improve, 

restore, or maintain function, or to 

minimize or prevent deterioration of 

function, of a patient when prescribed 

by a physician. The rehabilitation 

therapy must be medically necessary 

and appropriate medical care, rendered 

by an authorized provider, necessary to 

the establishment of a safe and effective 

maintenance program in connecti9n 

with a specific medical condition, and 

must not be custodial care or otherwise 

excluded from coverage.

* * * * *

(g) * * * 

(41) Hair transplants, wigs/hair 

pieces/cranial prosthesis.

Note: ***

* * * * *

(45) [Reserved]

* * * * *

(47) Eye and hearing examinations.

Eye and hearing examinations except as 

specifically provided in paragraphs 

(c)(2)(xvi), (c)(3)(xi), and (e)(24) of this 

section, or except when rendered in 

connection with medical or surgical 

treatment of a covered illness or injury.

* * * * *

(51) Hearing aids. Hearing aids or 

other auditory sensory enhancing 

devices, except those allowed in 

paragraph (e)(24) of this section.

* * * * *

■ 4. Section 199.14 is amended by 

redesignating paragraphs (k) through (n) 

as (l) through (o) and by adding a new 

paragraph (k) to read as follows:

§ 199.14 Provider reimbursement 

methods.

* * * * *

(k) Reimbursement of Durable 

Medical Equipment, Prosthetics, 

orthotics and Supplies 9DMEPOS).

Reimbursement of DMEPOS may be 

based on the same amounts established 

under the Centers for Medicare and 

Medicaid Services (CMS) DMEPOS fee 

schedule under 42 CFR part 414, 

subpart D.

* * * * *

Dated: September 28, 2004 

L.M. Bynum, 

Alternate OSD Federal Register Liaison 

Officer, Department of Defense.

[FR Doc. 04–22684 Filed 10–8–04; 8:45 am] 

BILLING CODE 5001–06–M

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 117 

[CGD08–04–034] 

RIN 1625–AA09 

Drawbridge Operation Regulation; 

Tensas River, Clayton, LA

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

SUMMARY: The Coast Guard is removing 

the existing drawbridge operation 

regulation for the draw of the Union 

Pacific Railroad bridge across the 

Tensas River, mile 27.2, at Clayton, 

Louisiana. The movable span of the 

bridge has been removed and the 

remains of the bridge are still in place. 

Since the movable span of the bridge 

has been removed, the regulation 

controlling the opening and closing of 

the bridge is no longer necessary.

DATES: This rule is effective October 12, 

2004.

ADDRESSES: Documents referred to in 

this rule are available for inspection or 

copying at the office of the Eighth Coast 

Guard District, Bridge Administration 

Branch, 500 Poydras Street, New 

Orleans, Louisiana 70130–3310, 

between 7 a.m. and 3 p.m., Monday 

through Friday, except Federal holidays. 

The telephone number is (504) 589–

2965. The Eighth District Bridge 

Administration Branch maintains the 

public docket for this rulemaking.

FOR FURTHER INFORMATION CONTACT:

David Frank, Bridge Administration 

Branch, at (504) 589–2965.

SUPPLEMENTARY INFORMATION: 

Good Cause for Not Publishing an 

NPRM 

We did not publish a notice of 

proposed rulemaking (NPRM) for this 

regulation. Under 5 U.S.C. 553(b)(B), the 

Coast Guard finds good cause exists for 

not publishing an NPRM. Public 

comment is not necessary since the 

bridge that the regulation governed is 

out of service and mariners are no 

longer required to request an opening to 

transit through the bridge. 

Good Cause for Making Rule Effective 

in Less Than 30 Days 

Under 5 U.S.C. 553(d)(3), the Coast 

Guard finds good cause exists for 

making this rule effective in less than 30 

days after publication in the Federal 

Register. There is no need to delay the 

implementation of this rule because the 

bridge it governs is already out of 

service and mariners are no longer 

required to request an opening. 

Background and Purpose 

The movable span of the railroad 

bridge across the Tensas River, mile 

27.2, which had previously serviced the 

area has been removed and the 

remaining portions of the bridge 

presently remain in place. These 

remaining portions of the bridge will be 

removed in the near future or permitted 

to remain in place by the U.S. Army 

Corps of Engineers. Since the movable 

span has been removed, mariners are no 

longer required to request openings for 

the bridge. The regulation governing the 

operation of the bridge is found in 33 

CFR 117.503(a). The purpose of this rule 

is to remove 33 CFR 117.503(a) from the 

Code of Federal Regulations since it 

governs a bridge that is no longer in 

service and the movable span has been 

removed. 

Regulatory Evaluation 

This rule is not a ‘‘significant 

regulatory action’’ under section 3(f) of 

Executive Order 12866, Regulatory 

Planning and Review, and does not 

require an assessment of potential costs 

and benefits under section 6(a)(3) of that 

Order. The Office of Management and 

Budget has not reviewed it under that 

Order. It is not ‘‘significant’’ under the 

regulatory policies and procedures of 

the Department of Homeland Security 

(DHS). 

We expect the economic impact of 

this rule to be so minimal that a full 

Regulatory Evaluation under the 

regulatory policies and procedures of 

DHS is unnecessary. 

This rule removes the special 

regulation for a bridge that is already 

out of service. 

Small Entities 

Under the Regulatory Flexibility Act 

(5 U.S.C. 601–612), we have considered 

whether this rule would have a 

significant economic impact on a 

substantial number of small entities. 

The term ‘‘small entities’’ comprises

60556 Federal Register / Vol. 69, No. 196 / Tuesday, October 12, 2004 / Rules and Regulations 

small businesses, not-for-profit 

organizations that are independently 

owned and operated and are not 

dominant in their fields, and 

governmental jurisdictions with 

populations of less than 50,000. 

The Coast Guard certifies under 5 

U.S.C. 605(b) that this rule will not have 

a significant economic impact on a 

substantial number of small entities. 

This rule will have no impact on any 

small entities because the regulation 

being removed applies to a bridge that 

has already been taken out of service 

and will be removed.

Assistance for Small Entities 

Under section 213(a) of the Small 

Business Regulatory Enforcement 

Fairness Act of 1996 (Public Law 104–

121), we want to assist small entities in 

understanding this rule so that they can 

better evaluate its effects on them and 

participate in the rulemaking process. 

Small businesses may send comments 

on the actions of Federal employees 

who enforce, or otherwise determine 

compliance with, Federal regulations to 

the Small Business and Agriculture 

Regulatory Enforcement Ombudsman 

and the Regional Small Business 

Regulatory Fairness Boards. The 

Ombudsman evaluates these actions 

annually and rates each agency’s 

responsiveness to small business. If you 

wish to comment on actions by 

employees of the Coast Guard, call 1–

888–REG–FAIR (1–888–734–3247). 

Collection of Information 

This rule calls for no new collection 

of information under the Paperwork 

Reduction Act of 1995 (44 U.S.C. 3501–

3520). 

Federalism 

A rule has implications for federalism 

under Executive Order 13132, 

Federalism, if it has a substantial direct 

effect on State or local governments and 

would either preempt State law or 

impose a substantial direct cost of 

compliance on them. We have analyzed 

this rule under that Order and have 

determined that it does not have 

implications for federalism. 

Unfunded Mandates Reform Act 

The Unfunded Mandates Reform Act 

of 1995 (2 U.S.C. 1531–1538) requires 

Federal agencies to assess the effects of 

their discretionary regulatory actions. In 

particular, the Act addresses actions 

that may result in the expenditure by a 

State, local, or tribal government, in the 

aggregate, or by the private sector of 

$100,000,000 or more in any one year. 

Though this rule will not result in such 

an expenditure, we do discuss the 

effects of this rule elsewhere in the 

preamble. 

Taking of Private Property 

This rule will not affect a taking of 

private property or otherwise have 

taking implications under Executive 

Order 12630, Governmental Actions and 

Interference with Constitutionally 

Protected Property Rights. 

Civil Justice Reform 

This rule meets applicable standards 

in sections 3(a) and 3(b)(2) of Executive 

Order 12988, Civil Justice Reform, to 

minimize litigation, eliminate 

ambiguity, and reduce burden. 

Protection of Children 

We have analyzed this rule under 

Executive Order 13045, Protection of 

Children from Environmental Health 

Risks and Safety Risks. This rule is not 

an economically significant rule and 

does not cause an environmental risk to 

health or risk to safety that may 

disproportionately affect children. 

Indian Tribal Governments 

This rule does not have tribal 

implications under Executive Order 

13175, Consultation and Coordination 

with Indian Tribal Governments, 

because it does not have a substantial 

direct effect on one or more Indian 

tribes, on the relationship between the 

Federal Government and Indian tribes, 

or on the distribution of power and 

responsibilities between the Federal 

Government and Indian tribes. 

Energy Effects 

We have analyzed this rule under 

Executive Order 13211, Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use. We have 

determined that it is not a ‘‘significant 

energy action’’ under that order because 

it is not a ‘‘significant regulatory action’’

under Executive Order 12866 and is not 

likely to have a significant adverse effect 

on the supply, distribution, or use of 

energy. The Administrator of the Office 

of Information and Regulatory Affairs 

has not designated it as a significant 

energy action. Therefore, it does not 

require a Statement of Energy Effects 

under Executive Order 13211. 

Technical Standards 

The National Technology Transfer 

and Advancement Act (NTTAA) (15 

U.S.C. 272 note) directs agencies to use 

voluntary consensus standards in their 

regulatory activities unless the agency 

provides Congress, through the Office of 

Management and Budget, with an 

explanation of why using these 

standards would be inconsistent with 

applicable law or otherwise impractical. 

Voluntary consensus standards are 

technical standards (e.g.≤ specifications 

of materials, performance, design, or 

operation; test methods; sampling 

procedures; and related management 

systems practices) that are developed or 

adopted by voluntary consensus 

standards bodies. 

This rule does not use technical 

standards. Therefore, we did not 

consider the use of voluntary consensus 

standards. 

Environment 

We have analyzed this rule under 

Commandant Instruction M16475.1D, 

which guides the Coast Guard in 

complying with the National 

Environmental Policy Act of 1969 

(NEPA) (42 U.S.C. 4321–4370f), and 

have concluded that there are no factors 

in this case that would limit the use of 

a categorical exclusion under section 

2.B.2 of the Instruction. Therefore, this 

rule is categorically excluded, under 

figure 2–1, paragraph (32)(e), of the 

Instruction, from further environmental 

documentation. This final rule only 

involves removal of the drawbridge 

operation regulation for a drawbridge 

that has been removed from service. It 

will not have any impact on the 

environment.

List of Subjects in 33 CFR Part 117 

Bridges.

Regulations

■ For the reasons set out in the preamble, 

the Coast Guard amends 33 CFR Part 117 

as follows:

PART 117—DRAWBRIDGE 

OPERATION REGULATIONS

■ 1. The authority citation for Part 117 

continues to read as follows:

Authority: 33 U.S.C. 499; Department of 

Homeland Security Delegation No. 0170.1; 33 

CFR 1.05–1(g); section 117.255 also issued 

under the authority of Pub. L. 102–587, 106 

Stat. 5039.

■ 2. Section 117.503 is revised to read as 

follows:

§ 117.503 Tensas River 

The draws of the S15 bridge, mile 

27.3 at Clayton, and the S128 bridge, 

mile 61.0 at New Light, shall open on 

signal if at least 48 hours notice is given.

Dated: September 27, 2004. 

R.F. Duncan, 

Rear Admiral, U. S. Coast Guard, 

Commander, Eighth Coast Guard District.

[FR Doc. 04–22849 Filed 10–8–04; 8:45 am] 

BILLING CODE 4910–15–P