6920 Federal Register / Vol. 69, No. 29 / Thursday, February 12, 2004 / Rules and Regulations 

■ Accordingly, 32 CFR part 199 is 

amended as follows:

PART 1999—[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 199.10 is amended by 

redesignating both paragraphs 

(a)(8)(ii)(A) and paragraph (a)(8)(ii)(B) as 

paragraphs (a)(8)(ii)(A) through 

(a)(8)(ii)(C), by revising paragraph (b) 

introductory text, and by republishing 

paragraph (c) to read as follows:

§ 199.10 Appeals and hearing procedures.

* * * * *

(b) Reconsideration. Any party to the 

initial determination made by the 

CHAMPUS contractor, or a CHAMPUS 

peer review organization may request 

reconsideration.

* * * * *

(c) Formal review. Except as 

explained in this paragraph, any party 

to an initial determination made by 

OCHAMPUS, or a reconsideration 

determination made by the CHAMPUS 

contractor, may request a formal review 

by OCHAMPUS if the party is 

dissatisfied with the initial or 

reconsideration determination unless 

the initial or reconsideration 

determination is final under paragraph 

(b)(5) of this section; involves the 

sanctioning of a provider by the 

exclusion, suspension or termination of 

authorized provider status; involves a 

written decision issued pursuant to 

§ 199.9(h)(1)(iv)(A) regarding the 

temporary suspension of claims 

processing; or involves a 

reconsideration determination by a 

CHAMPUS peer review organization. A 

hearing, but not a formal review level or 

appeal, may be available to a party to an 

initial determination involving the 

sanctioning of a provider or to a party 

to a written decision involving a 

temporary suspension of claims 

processing. A beneficiary (or an 

authorized representative of a 

beneficiary), but not a provider (except 

as provided in § 199.15), may request a 

hearing, but not a formal review, of a 

reconsideration determination made by 

a CHAMPUS peer review organization. 

(1) Requesting a formal review. (i) 

Written request required. The request 

must be in writing, shall state the 

specific matter in dispute, shall include 

copies of the written determination 

(notice of reconsideration determination 

of OCHAMPUS initial determination) 

being appealed, and shall include any 

additional information or documents 

not submitted previously. 

(ii) Where to file. The request shall be 

submitted to the Chief, Office of 

Appeals and Hearings, TRICARE 

Management Activity, 16401 East 

Centredtech Parkway, Aurora, Colorado 

80011–9066. 

(iii) Allowed time to file. The request 

shall be mailed within 60 days after the 

date of the notice of the reconsideration 

determination or OCHAMPUS initial 

determination being appealed. 

(iv) Official filing date. A request for 

a formal review shall be deemed filed 

on the date it is mailed and postmarked. 

If the request does not have a postmark, 

it shall be deemed filed on the date 

received by OCHAMPUS. 

(2) The formal review process. The 

purpose of the formal review is to 

determine whether the initial 

determination or reconsideration 

determination was made in accordance 

with law, regulation, policies, and 

guidelines in effect at the time the care 

was provided or requested or at the time 

of the initial determination, 

reconsideration, or formal review 

decision involving a provider request 

for approval as an authorized 

CHAMPUS provider. The formal review 

is performed by the Chief, Office of 

Appeals and Hearings, OCHAMPUS, or 

a designee, and is a thorough review of 

the case. The formal review 

determination shall be based on the 

information, upon which the initial 

determination and/or reconsideration 

determination was based, and any 

additional information the appealing 

party may submit or OCHAMPUS may 

obtain. 

(3) Timeliness of formal review 

determination. The Chief, Office of 

Appeals and Hearings, OCHAMPUS, or 

a designee normally shall issue the 

formal review determination no later 

than 90 days from the date of receipt of 

the request for formal review by 

OCHAMPUS. 

(4) Notice of formal review 

determination. The Chief, Office of 

Appeals and Hearings, OCHAMPUS, or 

a designee shall issue a written notice 

of the formal review determination to 

the appealing party at his or her last 

known address. The notice of the formal 

review determination must contain the 

following elements: 

(i) A statement of the issue or issues 

under appeal. 

(ii) The provisions of law, regulation, 

policies, and guidelines that apply to 

the issue or issues under appeal. 

(iii) A discussion of the original and 

additional information that is relevant 

to the issue or issues under appeal. 

(iv) Whether the formal review 

upholds the prior determination or 

determinations or reverses the prior 

determination or determinations in 

whole or in part and the rationale for 

the action. 

(v) A statement of the right to request 

a hearing in any case when the formal 

review determination is less than fully 

favorable, the issue is appealable, and 

the amount in dispute is $300 or more. 

(5) Effect of formal review 

determination. The formal review 

determination is final if one or more of 

the following exist: 

(i) The issue is not appealable. (See

paragraph (a)(6) of this section.) 

(ii) The amount in dispute is less that 

$300. (See paragraph (a)(7) of this 

section.) 

(iii) Appeal rights have been offered 

but a request for hearing is not received 

by OCHAMPUS within 60 days of the 

date of the notice of the formal review 

determination.

* * * * *

Dated: February 5, 2004. 

L.M. Bynum, 

Alternate OSD Federal Register Liaison 

Officer, Department of Defense.

[FR Doc. 04–3014 Filed 2–11–04; 8:45 am] 

BILLING CODE 5001–06–M

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Parts 1 and 27 

[WT Docket No. 00–230; DA 04–75] 

Promoting Efficient Use of Spectrum 

Through Elimination of Barriers to the 

Development of Secondary Markets

AGENCY: Federal Communications 

Commission.

ACTION: Final rule; delay of effective 

date. 

SUMMARY: The effective date of various 

rules adopted in the Secondary Markets 

Proceeding, WT Docket No. 00–230, that 

was otherwise scheduled to become 

effective at an earlier date, has been 

delayed because this rule has been 

classified as a major rule subject to 

congressional review.

DATES: The effective date of the rules 

published on November 25, 2003 at 68 

FR 66252, except for the amendments to 

§§ 1.913(a), 1.913(a)(3), 1.2002(d), 

1.2003, 1.9003, 1.9020(e), 1.9030(e) and 

1.9035(e), was delayed from January 26, 

2004 to February 2, 2004.

FOR FURTHER INFORMATION CONTACT:

Katherine M. Harris, Mobility Division, 

at 202–418–0620.

SUPPLEMENTARY INFORMATION: This is a 

summary of the Commission’s Public 

Notice, DA 04–75, released on January 

Federal Register / Vol. 69, No. 29 / Thursday, February 12, 2004 / Rules and Regulations 6921

15, 2004. The full text of the Public 

Notice is available for inspection and 

copying during normal business hours 

in the Federal Communications 

Commission Reference Center, 445 12th 

Street, SW., Washington, DC 20554. The 

complete text may be purchased from 

the Federal Communications 

Commission’s copy contractor, Qualex 

International, 445 12th Street, SW., 

Room CY–B402, Washington, DC 20554. 

The full text may also be downloaded at 

http://wireless.fcc.gov. Alternative 

formats are available to persons with 

disabilities by contacting Brian Millin at 

(202) 418–7426 or TTY (202) 418–7365 

or at bmillin@fcc.gov.

1. On October 6, 2003, the 

Commission released a Report and 

Order and Further Notice of Proposed 

Rulemaking, 68 FR 66252 (November 

25, 2003) in WT Docket No. 00–230, In 

the Matter of Markets (Secondary 

Markets Report and Order). A summary 

of the Secondary Markets Report and 

Order portion of the Further Notice of 

Proposed Rulemaking prescribed that, 

except for §§ 1.913(a), 1.913(a)(3), 

1.948(j), 1.2002(d), 1.2003, 1.9003, 

1.9020(e), 1.9030(e), and 1.9035(e) of the 

Commission’s rules, the various rules 

adopted in the Secondary Markets 

Report and Order were to be effective 

January 26, 2004. 

2. In order to comply with the 

requirements of the Congressional 

Review Act under the Contract with 

America Advancement Act of 1996, see

5 U.S.C. 801(a)(3), the effective date of 

the rules that otherwise currently were 

to become effective on January 26, 2004 

was delayed to February 2, 2004. The 

effective dates of §§ 1.913(a), 1.913(a)(3), 

1.948(j), 1.2002(d), 1.2003, 1.9003, 

1.9020(e), 1.9030(e), and 1.9035(e) of the 

Commission’s rules are not affected by 

this extension of the effective date for 

all other rules adopted in the Secondary 

Markets Report and Order.

List of Subjects 

47 CFR Part 1 

Administrative practice and 

procedure, Communications common 

carriers, Radio, Reporting and 

recordkeeping requirements, 

Telecommunications. 

47 CFR Part 27 

Communications common carriers, 

Radio.

Federal Communications Commission. 

Katherine M. Harris, 

Deputy Division Chief.

[FR Doc. 04–2640 Filed 2–11–04; 8:45 am] 

BILLING CODE 6712–01–P

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric 

Administration

50 CFR Part 622

[Docket No. 031017264–4034–03; I.D. 

100103C]

RIN 0648–AR48

Fisheries of the Caribbean, Gulf of 

Mexico, and South Atlantic; Reef Fish 

Fishery of the Gulf of Mexico; 

Referendum Procedures for a Potential 

Gulf of Mexico Red Snapper Individual 

Fishing Quota Program

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce.

ACTION: Final rule; statement of 

procedure.

SUMMARY: NMFS issues this final rule to 

provide information about the schedule, 

procedures, and eligibility requirements 

for participating in referendums to 

determine whether an individual fishing 

quota (IFQ) program for the Gulf of 

Mexico commercial red snapper fishery 

should be prepared and, if so, whether 

it should subsequently be submitted to 

the Secretary of Commerce (Secretary) 

for review. The intended effect of this 

final rule is to implement the 

referendums consistent with the 

requirements of the Magnuson-Stevens 

Fishery Conservation and Management 

Act (Magnuson-Stevens Act).

DATES: This final rule is effective 

February 12, 2004.

ADDRESSES: Copies of supporting 

documentation for this final rule, which 

includes a regulatory impact review 

(RIR) and a Regulatory Flexibility Act 

Analysis (RFAA), are available from 

NMFS, Southeast Regional Office, 9721 

Executive Center Drive N., St. 

Petersburg, FL 33702. Written 

comments regarding the burden-hour 

estimates or other aspects of the 

collection-of-information requirements 

contained in this rule may be submitted 

to Robert Sadler, Southeast Region, 

NMFS, at the above address, and to 

David Rostker, Office of Management 

and Budget (OMB), by e-mail to

DavidlRostker@omb.eop.gov or by fax 

to 202–395–7285.

FOR FURTHER INFORMATION CONTACT: Phil 

Steele, telephone: 727–570–5305, fax: 

727–570–5583, e-mail: 

phil.steele@noaa.gov.

SUPPLEMENTARY INFORMATION: The reef 

fish fishery in the exclusive economic 

zone (EEZ) of the Gulf of Mexico is 

managed under the Fishery 

Management Plan for the Reef Fish 

Resources of the Gulf of Mexico (FMP). 

The FMP was prepared by the Gulf of 

Mexico Fishery Management Council 

(Council) and is implemented under the 

authority of the Magnuson-Stevens Act 

by regulations at 50 CFR part 622.

Background

During the early to mid–1990s, the 

Council began development of an IFQ 

program for the commercial red snapper 

fishery in the Gulf of Mexico. 

Development of this program involved 

extensive interaction with the fishing 

industry, other stakeholders, and the 

public through numerous workshops, 

public hearings, and Council meetings. 

The program was approved by NMFS 

and was scheduled for implementation 

in 1996. However, Congressional action 

in late 1995 prohibited implementation 

of any new IFQ program in any U.S. 

fishery, including the Gulf of Mexico 

red snapper fishery, before October 

2000. Subsequent Congressional action, 

passage of HR5666, incorporated this 

prohibition and related provisions into 

the 1996 amendments to the MagnusonStevens Act and ultimately extended the 

prohibition until October 1, 2002. 

However, HR5666 also provided 

authority to the Council to develop a 

profile for any fishery under its 

jurisdiction that may be considered for 

a quota management system.

Under section 407(c) of the 

Magnuson-Stevens Act, the Council is 

authorized to prepare and submit a plan 

amendment and regulations to 

implement an IFQ program for the 

commercial red snapper fishery, but 

only if certain conditions are met. First, 

the preparation of such a plan 

amendment and regulations must be 

approved in a referendum. If the result 

of the referendum is approval, the 

Council would be responsible for 

preparing any such plan amendment 

and regulations through the normal 

Council and rulemaking processes that 

would involve extensive opportunities 

for industry and public review and 

input at various Council meetings, 

public hearings, and during public 

comment periods on the plan 

amendment and regulations. Second, 

the submission of the plan amendment 

and regulations to the Secretary for 

review and approval or disapproval 

must be approved in a subsequent 

referendum. Both referendums must be 

conducted in accordance with Section 

407(c)(2). Section 407(c)(2) also 

specifies that, ‘‘Prior to each 

referendum, the Secretary, in 

consultation with the Council, shall: (A) 

identify and notify all such persons