65326 Federal Register / Vol. 83, No. 244 / Thursday, December 20, 2018 / Proposed Rules 

another authorized provider to obtain 

necessary medical treatment. Generally, 

when a referral is required to qualify 

health care as a covered benefit, only a 

TRICARE-authorized physician may 

make such a referral unless this 

regulation specifically allows another 

category of TRICARE-authorized 

provider to make a referral as allowed 

within the scope of the provider’s 

license. In addition to referrals which 

may be required for certain health care 

to be a covered TRICARE benefit, the 

TRICARE Prime program under § 199.17 

generally requires Prime enrollees to 

obtain a referral for care through a 

primary care manager (PCM) or other 

authorized care coordinator to avoid 

paying higher deductible and costsharing for otherwise covered TRICARE 

benefits. 

* * * * * 

■ 3. Section 199.6 is amended by 

redesignating paragraph 

(c)(3)(iii)(K)(2)(ii) as paragraph 

(c)(3)(iii)(K)(2)(iii); revising paragraph 

(c)(3)(iii)(K)(2)(i); and adding a new 

paragraph (c)(3)(iii)(K)(2)(ii) to read as 

follows: 

§ 199.6 TRICARE-authorized providers. 

* * * * * 

(c) * * * 

(3) * * * 

(iii) * * * 

(K) * * * 

(2) * * * 

(i) Licensed registered physical 

therapist (PT), including a licensed or 

certified physical therapy assistant 

(PTA) performing under the supervision 

of a TRICARE-authorized PT. Services 

provided by a PTA shall be included in 

the fee of the supervising PT. PTAs shall 

meet the qualifications specified by 

Medicare (42 CFR 484.4) and the 

Director, DHA, shall issue policy 

adopting, to the extent practicable, 

Medicare’s requirements for PTA 

supervision. 

(ii) Licensed registered occupational 

therapist (OT), including a licensed or 

certified occupational therapy assistant 

(OTA) performing under the supervision 

of a TRICARE authorized OT. Services 

provided by an OTA shall be included 

in the fee of the supervising OT. OTAs 

shall meet the qualifications specified 

by Medicare (42 CFR 484.4) and the 

Director, DHA, shall issue policy 

adopting, to the extent practicable, 

Medicare’s requirements for OTA 

supervision. 

* * * * * 

Dated: December 14, 2018. 

Aaron T. Siegel, 

Alternate OSD Federal Register Liaison 

Officer, Department of Defense. 

[FR Doc. 2018–27508 Filed 12–19–18; 8:45 am] 

BILLING CODE 5001–06–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 117 

[Docket No. USCG–2018–0131] 

RIN 1625–AA09 

Drawbridge Operation Regulation; 

Youngs Bay and Lewis and Clark 

River, Astoria, OR 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Coast Guard proposes to 

amend the operating schedule that 

governs three bridges in Astoria, OR: 

The US101 New Youngs Bay highway 

bridge (New Youngs Bay Bridge), mile 

0.7 crossing Youngs Bay; the Oregon 

State Old Youngs Bay highway bridge 

(Old Youngs Bay Bridge), mile 2.4, 

crossing Youngs Bay; and the Oregon 

State Lewis and Clark River highway 

bridge (Lewis and Clark River Bridge), 

mile 1.0, crossing the Lewis and Clark 

River. This NPRM will allow the bridge 

to open during weekend hours after 

receiving a 2 hour advance notice. The 

proposed modification will remove the 

draw tender during weekend hours due 

to minimal usage. 

DATES: Comments and related material 

must reach the Coast Guard on or before 

January 22, 2019. 

ADDRESSES: You may submit comments 

identified by docket number USCG– 

2018–0131 using Federal eRulemaking 

Portal at http://www.regulations.gov. 

See the ‘‘Public Participation and 

Request for Comments’’ portion of the 

SUPPLEMENTARY INFORMATION section 

below for instructions on submitting 

comments. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this proposed 

rule, call or email Steven M. Fischer, 

Bridge Administrator, Thirteenth Coast 

Guard District Bridge Program Office, 

telephone 206–220–7282; email d13-pfd13bridges@uscg.mil. 

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations 

CFR Code of Federal Regulations 

DHS Department of Homeland Security 

FR Federal Register 

NPRM Notice of proposed rulemaking 

ODOT Oregon Department of 

Transportation 

§ Section 

U.S.C. United States Code 

II. Background, Purpose and Legal 

Basis 

The Coast Guard proposes revising 

the rule that governs three bridges at 

Astoria, OR, the New Youngs Bay 

Bridge, the Old Youngs Bay Bridge and 

the Lewis and Clark River Bridge. Due 

to infrequent drawbridge opening 

requests from Friday evenings through 

Monday early mornings, we propose 

opening the three highway bridges 

within Youngs Bay and Lewis and Clark 

River with a two-hour advance notice. 

The New Youngs Bay Bridge over five 

years had the most openings of 77 

requests. We published a test deviation 

for six months in the Federal Register 

(83 FR 9430) on March 6, 2018, to 

collect data and comments for this 

proposed rule titled Drawbridge 

Operation Regulation; Youngs Bay and 

Lewis and Clark River. Only one 

comment was received, and that 

comment was not related to the 

schedule change for the test deviation. 

We did not receive any delay of opening 

complaints for the three subject bridges 

during the test deviation. The three 

bridges are operated by the Lewis and 

Clark River Bridge tender of the Oregon 

Department of Transportation (ODOT). 

Youngs Bay provides no alternate route 

to pass around the three subject bridges. 

The New Youngs Bay Bridge provides 

39 feet of vertical clearance at mean 

high water, the Old Youngs Bay Bridge 

provides 24 feet of vertical clearance at 

mean high water, and the Lewis and 

Clark River Bridge provides 25 feet of 

vertical clearance at mean high water. 

The three subject bridges operate per 33 

CFR 117.899 to open on signal if at least 

one half-hour notice is given to the draw 

tender at the Lewis and Clark River 

Bridge from 7 a.m. to 5 p.m. Monday 

through Friday, and from 8 a.m. to 4 

p.m. on Saturday and Sunday. This 

proposed rule will allow the three 

subject bridges to open from Friday at 

5 p.m. to Monday at 7 a.m. if at least a 

two-hour notice is given by telephone to 

the draw tender at the Lewis and Clark 

River Bridge. The purpose of this 

rulemaking is in regards to a request 

from ODOT to remove the bridge 

operator to reduce operating cost. The 

Coast Guard proposes this rulemaking 

under authority in 33 U.S.C. 1231. 

III. Discussion of Proposed Rule 

This proposed rule amends 33 CFR 

117.899 to provide specific 

requirements for the operation of the 


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Federal Register / Vol. 83, No. 244 / Thursday, December 20, 2018 / Proposed Rules 65327 

New Youngs Bay Bridge, the Old 

Youngs Bay Bridge and the Lewis and 

Clark River Bridge. These specific 

requirements are in addition to or vary 

from the general requirements that 

apply to all drawbridges across the 

navigable waters of the United States. 

This proposed rule reasonably 

accommodates waterway users while 

reducing ODOT’s burden in operating 

the bridges. We have not identified any 

impacts on marine navigation with this 

proposed rule. 

IV. Regulatory Analyses 

We developed this proposed rule after 

considering numerous statutes and 

Executive Orders related to rulemaking. 

Below we summarize our analysis based 

on these statutes and Executive Orders, 

and we discuss First Amendment rights 

of protestors. 

A. Regulatory Planning and Review 

Executive Orders 12866 and 13563 

direct agencies to assess the costs and 

benefits of available regulatory 

alternatives and, if regulation is 

necessary, to select regulatory 

approaches that maximize net benefits. 

Executive Order 13771 directs agencies 

to control regulatory costs through a 

budgeting process. This NPRM has not 

been designated a ‘‘significant 

regulatory action,’’ under Executive 

Order 12866. Accordingly, the NPRM 

has not been reviewed by the Office of 

Management and Budget (OMB), and 

pursuant to OMB guidance, it is exempt 

from the requirements of Executive 

Order 13771. This regulatory action 

determination is based on the ability for 

the bridges to open on signal after 

receiving at least a two hour notice by 

telephone from Friday at 5 p.m. to 

Monday at 7 a.m. This proposed rule 

also applies to opening the three subject 

bridges for marine vessels needing an 

opening due to an emergency. 

B. Impact on Small Entities 

The Regulatory Flexibility Act of 1980 

(RFA), 5 U.S.C. 601–612, as amended, 

requires federal agencies to consider the 

potential impact of regulations on small 

entities during rulemaking. The term 

‘‘small entities’’ comprises 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 proposed rule would not 

have a significant economic impact on 

a substantial number of small entities. 

While some owners or operators of 

vessels intending to transit under the 

subject bridges may be small entities, for 

the reasons stated in section IV.A above, 

this proposed rule would not have a 

significant economic impact on any 

vessel owner or operator. Vessels 

operating on Youngs Bay and the Lewis 

and Clark River range from small 

recreational vessels, sailboats, tribal 

fishing boats and small commercial 

fishing vessels. Vessels able to pass 

through the subject bridges with the 

draw in the closed-to-navigation 

position may do so at any time. 

If you think that your business, 

organization, or governmental 

jurisdiction qualifies as a small entity 

and that this rule would have a 

significant economic impact on it, 

please submit a comment (see 

ADDRESSES) explaining why you think it 

qualifies and how and to what degree 

this rule would economically affect it. 

Under section 213(a) of the Small 

Business Regulatory Enforcement 

Fairness Act of 1996 (Pub. L. 104–121), 

we want to assist small entities in 

understanding this proposed rule. If the 

rule would affect your small business, 

organization, or governmental 

jurisdiction and you have questions 

concerning its provisions or options for 

compliance, please contact the person 

listed in the FOR FURTHER INFORMATION

CONTACT, above. The Coast Guard will 

not retaliate against small entities that 

question or complain about this 

proposed rule or any policy or action of 

the Coast Guard. 

C. Collection of Information 

This proposed rule would call for no 

new collection of information under the 

Paperwork Reduction Act of 1995 (44 

U.S.C. 3501–3520.). 

D. Federalism and Indian Tribal 

Government 

A rule has implications for federalism 

under Executive Order 13132, 

Federalism, if it has a substantial direct 

effect 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. We have 

analyzed this proposed rule under that 

Order and have determined that it is 

consistent with the fundamental 

federalism principles and preemption 

requirements described in Executive 

Order 13132. 

Also, this proposed rule does not have 

tribal implications under Executive 

Order 13175, Consultation and 

Coordination with Indian Tribal 

Governments, because it would 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. 

If you believe this proposed rule has 

implications for federalism or Indian 

tribes, please contact the person listed 

in the FOR FURTHER INFORMATION

CONTACT section above. 

E. 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 (adjusted for inflation) or 

more in any one year. Though this 

proposed rule will not result in such 

expenditure, we do discuss the effects of 

this proposed rule elsewhere in this 

preamble. 

F. Environment 

We have analyzed this proposed rule 

under Department of Homeland 

Security Management Directive 023–01 

and Commandant Instruction 

M16475.lD, which guides the Coast 

Guard in complying with the National 

Environmental Policy Act of 1969 

(NEPA) (42 U.S.C. 4321–4370f), and 

have made a preliminary determination 

that this action is one of a category of 

actions which do not individually or 

cumulatively have a significant effect on 

the human environment. This proposed 

rule simply promulgates the operating 

regulations or procedures for 

drawbridges. Normally such actions are 

categorically excluded from further 

review, under figure 2–1, paragraph (32) 

(e), of the Instruction. 

A preliminary Record of 

Environmental Consideration and a 

Memorandum for the Record are not 

required for this proposed rule. We seek 

any comments or information that may 

lead to the discovery of a significant 

environmental impact from this 

proposed rule. 

G. Protest Activities 

The Coast Guard respects the First 

Amendment rights of protesters. 

Protesters are asked to contact the 

person listed in the FOR FURTHER

INFORMATION CONTACT section to 

coordinate protest activities so that your 

message can be received without 

jeopardizing the safety or security of 

people, places or vessels. 

V. Public Participation and Request for 

Comments 

We view public participation as 

essential to effective rulemaking, and 

will consider all comments and material 


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65328 Federal Register / Vol. 83, No. 244 / Thursday, December 20, 2018 / Proposed Rules 

received during the comment period. 

Your comment can help shape the 

outcome of this rulemaking. If you 

submit a comment, please include the 

docket number for this rulemaking, 

indicate the specific section of this 

document to which each comment 

applies, and provide a reason for each 

suggestion or recommendation. 

We encourage you to submit 

comments through the Federal 

eRulemaking Portal at http://

www.regulations.gov. If your material 

cannot be submitted using http://

www.regulations.gov, contact the person 

in the FOR FURTHER INFORMATION

CONTACT section of this document for 

alternate instructions. 

We accept anonymous comments. All 

comments received will be posted 

without change to http://

www.regulations.gov and will include 

any personal information you have 

provided. For more about privacy and 

the docket, visit http://

www.regulations.gov/privacynotice. 

Documents mentioned in this NPRM 

as being available in this docket and all 

public comments, will be in our online 

docket at http://www.regulations.gov 

and can be viewed by following that 

website’s instructions. Additionally, if 

you go to the online docket and sign up 

for email alerts, you will be notified 

when comments are posted or a final 

rule is published. 

List of Subjects in 33 CFR Part 117 

Bridges. 

For the reasons discussed in the 

preamble, the Coast Guard proposes to 

amend 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; 33 CFR 1.05–1; 

Department of Homeland Security Delegation 

No. 0170.1. 

■ 2. Amend § 117.899 by revising 

paragraphs (a), (b) and (c) to read as 

follows: 

§ 117.899 Youngs Bay and Lewis and 

Clark River. 

(a) The draw of the US101 New 

Youngs Bay highway bridge, mile 0.7, 

across Youngs Bay at Smith Point, shall 

open on signal for the passage of vessels 

if at least one half-hour notice is given 

to the draw tender at the Lewis and 

Clark River Bridge by marine radio, 

telephone, or other suitable means from 

7 a.m. to 5 p.m. Monday through Friday. 

During all other times, including 

weekends from 5 p.m. on Friday until 

7 a.m. on Monday, and all Federal 

holidays but Columbus Day, the draw 

shall open on signal if at least a twohour notice is given to the draw tender 

by telephone. The opening signal shall 

be two prolonged blasts followed by one 

short blast. 

(b) The draw of the Oregon State Old 

Youngs Bay highway bridge, mile 2.4, 

across Youngs Bay foot of Fifth Street, 

shall open on signal for the passage of 

vessels if at least one half-hour notice is 

given to the draw tender at the Lewis 

and Clark River Bridge by marine radio, 

telephone, or other suitable means from 

7 a.m. to 5 p.m. Monday through Friday. 

During all other times, including 

weekends from 5 p.m. on Friday until 

7 a.m. on Monday and Federal holidays 

with the exception of Columbus Day, 

the draw shall open on signal if at least 

a two-hour notice is given to the draw 

tender by telephone. The opening signal 

shall be two prolonged blasts followed 

by one short blast. 

(c) The draw of the Oregon State 

Lewis and Clark River highway bridge, 

mile 1.0, across the Lewis and Clark 

River, shall open on signal for the 

passage of vessels if at least one halfhour notice is given by marine radio, 

telephone, or other suitable means from 

7 a.m. to 5 p.m. Monday through Friday. 

During all other times, including 

weekends from 5 p.m. on Friday until 

7 a.m. on Monday and Federal holidays 

but Columbus Day, the draw shall open 

on signal if at least a two-hour notice is 

given to the draw tender by telephone. 

The opening signal shall be two 

prolonged blasts followed by one short 

blast. 

David G. Throop, 

Rear Admiral, U.S. Coast Guard, Commander, 

Thirteenth Coast Guard District. 

[FR Doc. 2018–27526 Filed 12–19–18; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 1552 

[EPA–HQ–OARM–2018–0742; FRL 9987–89– 

OARM] 

Environmental Protection Agency 

Acquisition Regulation (EPAAR) 

Clause Update for Submission of 

Invoices 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is revising its Submission 

of Invoices clause to add electronic 

invoicing requirements. In 2019 the EPA 

will begin using the Invoice Processing 

Platform (IPP), which is a secure webbased service provided by the U.S. 

Treasury that efficiently manages 

government invoicing. 

DATES: Comments must be received on 

or before February 19, 2019. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–HQ– 

OARM–2018–0742, at https://

www.regulations.gov. Follow the online 

instructions for submitting comments. 

Once submitted, comments cannot be 

edited or removed from Regulations.gov. 

The EPA may publish any comment 

received to its public docket. Do not 

submit electronically any information 

you consider to be Confidential 

Business Information (CBI) or other 

information whose disclosure is 

restricted by statute. Multimedia 

submissions (audio, video, etc.) must be 

accompanied by a written comment. 

The written comment is considered the 

official comment and should include 

discussion of all points you wish to 

make. The EPA will generally not 

consider comments or comment 

contents located outside of the primary 

submission (i.e. on the web, cloud, or 

other file sharing system). For 

additional submission methods, the full 

EPA public comment policy, 

information about CBI or multimedia 

submissions, and general guidance on 

making effective comments, please visit 

https://www2.epa.gov/dockets/ 

commenting-epa-dockets. 

FOR FURTHER INFORMATION CONTACT: 

Thomas Valentino, Policy, Training and 

Oversight Division, Acquisition Policy 

and Training Branch (3802R), 

Environmental Protection Agency, 1200 

Pennsylvania Ave. NW, Washington, DC 

20460; telephone number: (202) 564– 

4522; email address: valentino.thomas@

epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

1. Submitting Classified Business 

Information. Do not submit CBI to EPA 

website https://www.regulations.gov or 

email. Clearly mark the part or all of the 

information that you claim to be CBI. 

For CBI information in a disk or CD– 

ROM that you mail to EPA, mark the 

outside of the disk or CD–ROM as CBI, 

and then identify electronically within 

the disk or CD–ROM the specific 

information that is claimed as CBI. In 

addition to one complete version of the 

comment that includes information 

claimed as CBI, a copy of the comment 

that does not contain the information 

claimed as CBI must be submitted for 

inclusion in the public docket. 

Information so marked will not be 


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