24664 Federal Register / Vol. 65, No. 82 / Thursday, April 27, 2000 / Proposed Rules

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD01–99–067]

RIN 2115–AE47

Drawbridge Operation Regulations;

Gowanus Canal, NY

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

SUMMARY: The Coast Guard proposes to

change the operating rules for four New

York City bridges across the Gowanus

Canal; the Ninth Street Bridge, at mile

1.4, the Third Street Bridge, at mile 1.8,

the Carroll Street Bridge, at mile 2.0,

and the Union Street Bridge, at mile 2.1,

all in Brooklyn, New York. The bridge

owner asked the Coast Guard to change

the regulations to require a two-hour

advance notice for openings. This action

will relieve the owner of the bridge from

the requirement to crew these bridges at

all times by using a roving crew of

drawtenders and still meet the

reasonable needs of navigation.

DATES: Comments must reach the Coast

Guard on or before June 26, 2000.

ADDRESSES: You may mail comments to

Commander (obr), First Coast Guard

District, Bridge Branch, at 408 Atlantic

Avenue, Boston, MA. 02110–3350, or

deliver them to the same address

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

through Friday, except Federal holidays.

The telephone number is (617) 223–

8364. The First Coast Guard District,

Bridge Branch, maintains the public

docket for this rulemaking. Comments

and material received from the public,

as well as documents indicated in this

preamble as being available in the

docket, will become part of this docket

and will be available for inspection or

copying at the First Coast Guard

District, Bridge Branch, 7 a.m. to 3 p.m.,

Monday through Friday, except, Federal

holidays.

FOR FURTHER INFORMATION CONTACT: Mr.

John McDonald, Project Officer, First

Coast Guard District, (617) 223–8364.

SUPPLEMENTARY INFORMATION:

Request for Comments

We encourage you to participate in

this rulemaking by submitting

comments or related material. If you do

so, please include your name and

address, identify the docket number for

this rulemaking (CGD-01–99–067),

indicate the specific section of this

document to which each comment

applies, and give the reason for each

comment. Please submit all comments

and related material in an unbound

format, no larger than 81⁄2 by 11 inches,

suitable for copying. If you would like

to know if they reached us, please

enclose a stamped, self-addressed

postcard or envelope. We will consider

all comments and material received

during the comment period. We may

change this proposed rule in view of

them.

Public Meeting

We do not now plan to hold a public

meeting. But you may submit a request

for a meeting by writing to the First

Coast Guard District, Bridge Branch, at

the address under ADDRESSES explaining

why one would be beneficial. If we

determine that one would aid this

rulemaking, we will hold one at a time

and place announced by a later notice

in the Federal Register.

Background and Purpose

Ninth Street Bridge

The Ninth Street Bridge, at mile 1.4,

across the Gowanus Canal at Brooklyn,

has a vertical clearance of 5 feet at mean

high water and 9 feet at mean low water.

The existing operating regulations for

the Ninth Street Bridge require the

bridge to open on signal at all times.

Third Street Bridge

The Third Street Bridge, at mile 1.8,

across the Gowanus Canal at Brooklyn,

has a vertical clearance of 10 feet at

mean high water and 14 feet at mean

low water. The existing operating

regulations in 33 CFR 117.787, require

the draw to open on signal at all times;

except that, from May 1 through

September 30, the draw shall open on

signal after six-hour advance notice is

given to the New York City Highway

Department’s Radio (Hotline) Room.

Carroll Street Bridge

The Carroll Street Bridge, at mile 2.0,

has a vertical clearance of 3 feet at

MHW and 7 feet at MLW. The existing

regulations require the draw to open on

signal at all times; except that, from May

1 through September 30, the draw shall

open after a six-hour advance notice is

given to the New York City Highway

Department’s Radio (Hotline) Room.

Union Street Bridge

The Union Street Bridge, at mile 2.1,

has a vertical clearance of 9 feet at

MHW and 13 feet at MLW. The existing

regulations require the draw to open on

signal at all times; except that, from May

1 through September 30, the draw shall

open after a six-hour advance notice is

given to the New York City Highway

Department’s Radio (Hotline) Room.

The owner of all four bridges, the

New York City Department of

Transportation (NYCDOT), submitted

bridge opening log data to the Coast

Guard for review.

1991 1992 1993 1994 1995 1996 1997 1998 1999

Ninth ............................................................... 864 984 927 836 0 0 0 0 423

Third ............................................................... 410 549 663 732 432 256 149 107 244

Carroll ............................................................. 517 627 669 704 432 245 142 114 228

Union .............................................................. 502 547 657 713 432 236 144 104 245

The bridge owner plans to operate

these bridges with a roving crew of

drawtenders. A review of the monthly

breakdown of the opening data did not

identify any months that had a

significantly higher number of openings

that would make the roving crew

concept unworkable. The waterway

users are all commercial vessels which

operate year round. They presently

provide a six-hour advance notice May

1 through September 30 at all the above

bridges except the Ninth Street Bridge

which is required to open on signal. The

bridge owner has requested that all four

bridges open after a two-hour advance

notice is given year round. This advance

notice requirement will allow the bridge

owner to use a roving crew of

drawtenders to operate these bridges.

The Coast Guard believes this proposed

rule is reasonable based upon the fact

that three of the bridges presently open

after a six-hour notice May 1 through

September 30, which is greater than the

proposed two-hour notice during those

five months. The Coast Guard believes

that the two-hour advance notice

October 1 through April 30 is reasonable

because the bridges will still open on

signal provided the two-hour notice is

given. The commercial vessel transits on

Gowanus Canal are scheduled in

Federal Register / Vol. 65, No. 82 / Thursday, April 27, 2000 / Proposed Rules 24665

advance. Providing a two-hour notice

for bridge openings for the additional

seven months of the year, October 1

through April 30, should not prevent

vessels from transiting the waterway in

a timely manner. The reduction from

six-hours advance notice to two-hours

advance notice during the remaining

five months of the year, May 1 through

September 30, should make vessel

transits easier to schedule during that

time period. This proposed rule is

expected to relieve the bridge owner of

the burden of crewing each bridge

continually, establish a consistent

bridge operating schedule for the

bridges listed in this rulemaking, and

still meet the reasonable needs of

navigation.

Discussion of Proposal

The Coast Guard proposes to revise

the operating regulations for the

Gowanus Canal at 33 CFR 117.787 as

follows:

Ninth Street Bridge

Add operating regulations for the

Ninth Street Bridge, mile 1.4, Across the

Gowanus Canal to require that the draw

shall open on signal, if at least a twohour advance notice is given.

Third Street Bridge

Revise the operating regulations for

the Third Street Bridge, mile 1.8, across

the Gowanus Canal to require that the

draw shall open on signal, if at least a

two-hour advance notice is given.

Carroll Street Bridge

Revise the operating regulations for

the Carroll Street Bridge, mile 2.0,

across the Gowanus Canal to require

that the draw shall open on signal, if at

least a two-hour advance notice is given.

Union Street Bridge

Revise the operating regulations for

the Union Street Bridge, mile 2.1, across

the Gowanus Canal to require that the

draw shall open on signal, if at least a

two-hour advance notice is given.

Notice for bridge openings shall be

given to the NYCDOT Hotline or

NYCDOT Bridge Operation Office.

The bridge owner plans to use two

crews of drawtenders to operate the

Gowanus Canal bridges. The use of two

crews is expected to provide bridge

openings in a timely manner. The

Hamilton Avenue Bridge, mile 1.2, also

across Gowanus Canal was not included

in the roving drawtender plan because

the frequency of bridge openings were

considerably higher than the other

bridges on this waterway.

Regulatory Evaluation

This proposed rule is not a

‘‘significant regulatory action’’ under

section 3(f) of Executive Order 12866

and does not require an assessment of

potential costs and benefits under

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

Transportation (DOT) (44 FR 11040,

Feb. 26, 1979).

We expect the economic impact of

this proposed rule to be so minimal that

a full Regulatory Evaluation, under

paragraph 10e of the regulatory policies

and procedures of DOT, is unnecessary.

This conclusion is based upon the fact

that three of the bridges presently open

after a six-hour notice May 1 through

September 30, which is greater than the

proposed two-hour notice during those

five months. The Coast Guard believes

that the two-hour advance notice

October 1 through April 30 is reasonable

because the bridges will still open on

signal provided the two-hour notice is

given. The commercial vessel

movements on Gowanus Canal are

scheduled in advance by the

commercial operators. Providing twohours notice for bridge opening for the

additional seven months of the year,

October 1 through April 30, should not

prevent vessels from still transiting the

waterway in a timely manner.

Small Entities

Under the Regulatory Flexibility Act

(5 U.S.C. 601–612), we considered

whether this proposed rule would have

a significant economic impact on a

substantial number of small entities.

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

section 5 U.S.C. 605(b), for reasons

discussed in the Regulatory Evaluation

section above, that this proposed rule

would not have a significant economic

impact on a substantial number of small

entities. This conclusion is based upon

the fact that three of the bridges

presently open after a six-hour notice

May 1 through September 30, which is

greater than the proposed two-hour

notice during those five months. The

Coast Guard believes that the two-hour

advance notice October 1 through April

30 is reasonable because the bridges will

still open on signal provided the twohour notice is given. The commercial

vessel transits on Gowanus Canal are

scheduled in advance by the

commercial operators. Providing twohours notice for bridge openings for the

additional seven months of the year,

October 1 through April 30, when the

bridge formerly opened on signal,

should not prevent vessels from still

transiting the waterway in a timely

manner.

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.

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.).

Federalism

We have analyzed this proposed rule

under Executive Order 13132 and have

determined that this rule does not have

implications for federalism under that

Order.

Unfunded Mandates Reform Act

The Unfunded Mandates Reform Act

of 1995 (2 U.S.C. 1531–1538) governs

the issuance of Federal regulations that

require unfunded mandates. An

unfunded mandate is a regulation that

requires a State, local, or tribal

government or the private sector to

incur direct costs without the Federal

Government’s having first provided the

funds to pay those costs. This proposed

rule would not impose an unfunded

mandate.

Taking of Private Property

This proposed rule would not effect 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 proposed 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 proposed rule

under Executive Order 13045,

Protection of Children from

Environmental Health Risks and Safety

24666 Federal Register / Vol. 65, No. 82 / Thursday, April 27, 2000 / Proposed Rules

Risks. This rule is not an economically

significant rule and does not concern an

environmental risk to health or risk to

safety that may disproportionately affect

children.

Environment

We considered the environmental

impact of this proposed rule and

concluded that, under figure 2–1,

paragraph (32)(e), of Commandant

Instruction M16475.1C, this proposed

rule is categorically excluded from

further environmental documentation

because promulgation of drawbridge

regulations have been found not to have

a significant effect on the environment.

A ‘‘Categorical Exclusion

Determination’’ is available in the

docket where indicated under

ADDRESSES.

List of Subjects in 33 CFR Part 117

Bridges.

Regulations

For the reasons set out 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; 49 CFR 1.46; 33

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

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

Stat. 5039.

2. Section 117.787 is revised to read

as follows:

§ 117.787 Gowanus Canal.

The draws of the Ninth Street Bridge,

mile 1.4, the Third Street Bridge, mile

1.8, the Carroll Street Bridge, mile 2.0,

and the Union Street Bridge, mile 2.1,

at Brooklyn, shall open on signal if at

least a two-hour advance notice is given

to either the New York City Department

of Transportation (NYCDOT) Radio

Hotline or the NYCDOT Bridge

Operations Office.

Dated: April 12, 2000.

Robert F. Duncan,

Captain, U.S. Coast Guard, Acting

Commander, First Coast Guard District.

[FR Doc. 00–10454 Filed 4–26–00; 8:45 am]

BILLING CODE 4910–15–M

DEPARTMENT OF HEALTH AND

HUMAN SERVICES

Health Care Financing Administration

42 CFR Part 414

HCFA–1084–P

RIN 0938–AJ82

Medicare Program; Payment for

Upgraded Durable Medical Equipment

AGENCY: Health Care Financing

Administration (HCFA), HHS.

ACTION: Proposed rule.

SUMMARY: This proposed rule would

amend the Medicare regulations to

permit Medicare suppliers to furnish

upgraded durable medical equipment

(DME) on an assignment basis. Medicare

payment would be made to the supplier

as if the DME were non-upgraded DME;

and the beneficiary purchasing or

renting the upgraded DME would pay

the supplier an amount equal to the

difference between the supplier’s charge

for the DME upgrade and the amount

paid by Medicare for the non-upgraded

DME. This proposed rule would also

require the following consumer

protection safeguards: determination of

fair market prices, proof of full

disclosure of the availability and cost of

non-upgraded DME, and sanctions

against suppliers who engage in

coercive or abusive sales practices.

DATES: We will consider comments if

we receive them at the appropriate

address, as provided below, no later

than 5 p.m. on June 26, 2000.

ADDRESSES: Mail written comments (1

original and 3 copies) to the following

address only: Health Care Financing

Administration, Department of Health

and Human Services, Attention: HCFA–

1084–P, P.O. Box 8013, Baltimore, MD

21244–8013.

If you prefer, you may deliver your

written comments (1 original and 3

copies) to one of the following addresses

(If you choose to mail your comments to

one of the following addresses, we may

be delayed receiving them, which could

result in us considering those comments

late.):

Room 443–G, Hubert H. Humphrey

Building, 200 Independence Avenue,

SW., Washington, DC, or

Room C5–16–03, 7500 Security

Boulevard, Baltimore, MD

Because of staffing and resource

limitations, we cannot accept comments

by facsimile (FAX) transmission. In

commenting, please refer to file code

HCFA–1084–P. Comments received

timely will be available for public

inspection as they are received,

generally beginning approximately 3

weeks after publication of a document,

in Room 443–G of the Department’s

office at 200 Independence Avenue,

SW., Washington, DC, on Monday

through Friday of each week from 8:30

a.m. to 5 p.m. (phone: (202) 690–7890).

FOR FURTHER INFORMATION CONTACT:

William Long, (410) 786–5655.

SUPPLEMENTARY INFORMATION:

I Background

A. Durable Medical Equipment

Durable medical equipment (DME) is

medical equipment furnished by a

supplier or a home health agency that is

primarily and customarily used to serve

a medical purpose. DME is able to

withstand repeated use and is generally

not useful to an individual in the

absence of a sickness or an injury. To be

covered by Medicare, DME must be

appropriate for use in a beneficiary’s

home or in an institution that is used as

a home. A hospital, or a critical access

hospital may not be considered an

institution that is used as a home for

this purpose. Similarly, a Medicarecertified SNF or other institution that is

primarily engaged in providing skilled

care to its residents may not be

considered an institution that is used as

a home.

While Medicare will pay for DME that

is adequate and effective to meet the

medical needs of the beneficiary, it will

not pay extra for convenience or luxury

features nor more than the applicable

fee schedule amount.

B. Payment for DME

Payment for DME furnished under

Part B of the Medicare program

(Supplementary Medical Insurance) is

made through contractors known as

Medicare carriers. Section 1834(a) of the

Social Security Act (the Act) provides

that Medicare payment for DME is equal

to 80 percent of the lesser of the actual

charge for the DME or the fee schedule

amount for the DME. Section 1834(a) of

the Act classifies DME into the

following payment categories:

• Inexpensive or other routinely purchased

DME.

• DME requiring frequent and substantial

servicing.

• Customized DME.

• Supplies and accessories used with DME

• Oxygen and oxygen equipment.

• Other items of DME (capped rental

items).

There is a specific methodology for

determining the fee schedule payment

amount for each category of DME. In

addition, for each of these categories

there are restrictions governing