39804 Federal Register / Vol. 65, No. 125 / Wednesday, June 28, 2000 / Rules and Regulations

§ 280.320 Maintenance of the certificate of

recordal.

(a) Certificates of recordal remain in

an active status for five years and may

be maintained in an active status for

subsequent five-year periods running

consecutively from the date of issuance

of the certificate of recordal upon

compliance with the requirements of

paragraph (c) of this section.

(b) Maintenance applications shall be

required only if the holder of the

certificate of recordal is a manufacturer

at the time the maintenance application

is required.

(c) * * *

(1) The name of the manufacturer;

(2) The address of the manufacturer;

(3) the entity, domicile, and state of

incorporation, if applicable, of the

manufacturer;

(4) a copy of manufacturer’s certificate

of recordal;

(5) a statement that the manufacturer

will comply with the applicable

provisions of the Fastener Quality Act;

(6) a statement that the applicant for

recordal is a ‘‘manufacturer’’ as that

term is defined in 15 U.S.C. 5402;

(7) a statement that the person signing

the application on behalf of the

manufacturer has knowledge of the facts

relevant to the application and that the

person possesses the authority to act on

behalf of the manufacturer;

* * * * *

26. Redesignated § 280.321 is

amended by revising the first sentence

to read as follows:

§ 280.321 Notification of changes of

address.

The applicant for recordal or the

holder of a certificate of recordal shall

notify the Director, USPTO, of any

change of address or change of name no

later than six months after the change.

***

27. Redesignated § 280.323 is

amended by revising the second and

third sentences of paragraph (a),

revising the first sentence of paragraph

(b), revising paragraph (d), revising the

first sentence of paragraph (e), and

adding new paragraph (f) to read as

follows:

§ 280.323 Transfer or assignment of the

trademark registration or recorded insignia.

(a) * * * Any transfer or assignment

of such an application or registration

must be recorded in the United States

Patent and Trademark Office within

three months of the transfer or

assignment. A copy of such transfer or

assignment must also be sent to: Box

Fastener, Director, United States Patent

and Trademark Office, Washington, DC

20231.

(b) Upon transfer or assignment of a

trademark application or registration

which forms the basis of a certificate of

recordal, the Director, USPTO, shall

designate the certificate of recordal as

inactive. * * *

* * * * *

(d) A fastener insignia consisting of an

alphanumeric designation issued by the

Director, USPTO, can be transferred or

assigned.

(e) Upon transfer or assignment of an

alphanumeric designation, the Director,

USPTO, shall designate such

alphanumeric designation as inactive.

***

(f) An alphanumeric designation that

is reactivated after it has been

transferred or assigned shall remain in

active status until the expiration of the

five year period that began upon the

issuance of the alphanumeric

designation to its original owner.

28. Redesignated § 280.324 is

amended by revising the introductory

sentence of paragraph (a), revising

paragraphs (a)(1) through (a)(3);

redesignating existing paragraph (b) as

paragraph (a)(4); revising the first two

sentences of redesignated paragraph

(a)(4); redesignating paragraph (c) as

paragraph (b); and revising redesignated

paragraph (b) to read as follows:

§ 280.324 Change in status of trademark

registration or amendment of the

trademark.

(a) The Director, USPTO, shall

designate the certificate of recordal as

inactive, upon:

(1) issuance of a final decision on

appeal which refuses registration of the

application which formed the basis for

the certificate of recordal;

(2) abandonment of the application

which formed the basis for the

certificate of recordal;

(3) cancellation or expiration of the

trademark registration which formed the

basis of the certificate of recordal; or

(4) an amendment of the mark in a

trademark application or registration

that forms the basis for a certificate of

recordal. The certificate of recordal shall

become inactive as of the date the

amendment is filed. * * *

(b) Certificates of recordal designated

inactive due to cancellation, expiration,

or amendment of the trademark

registration, or abandonment or

amendment of the trademark

application, cannot be reactivated.

29. Redesignated § 280.325 is revised

to read as follows:

§ 280.325 Cumulative listing of recordal

information.

The Director, USPTO, shall maintain

a record of the names, current

addresses, and legal entities of all

recorded manufacturers and their

recorded insignia.

30. Redesignated § 280.326 is

amended by revising the heading and

the second sentence to read as follows:

§ 280.326 Records and files of the United

States Patent and Trademark Office

* * * Copies of any such records may

be obtained upon request and payment

of the fee set by the Director, USPTO.

§§ 280.311, 280.312 and 280.323

[Amended]

31. The reference to ‘‘§ 280.710’’ is

revised to read ‘‘§ 280.310’’ in the

following sections:

Redesignated § 280.311; redesignated

§ 280.312; redesignated § 280.323(e).

[FR Doc. 00–16212 Filed 6–27–00; 8:45 am]

BILLING CODE 3510–13–P

DEPARTMENT OF DEFENSE

Office of the Secretary

32 CFR Part 199

Civilian Health and Medical Program of

the Uniformed Services (CHAMPUS);

TRICARE Prime Enrollment

AGENCY: Office of the Secretary, DOD.

ACTION: Interim final rule.

SUMMARY: This interim final rule

provides for automatic enrollment of

certain family members of E–4 and

below in TRICARE Prime. When

affected family members reside in a

catchment area of a military medical

treatment facility offering TRICARE

Prime, the family members will be

automatically enrolled in TRICARE

Prime and will choose or be assigned a

Primary Care Manager located in the

military medical treatment facility. Such

automatic enrollment may be

terminated at any time.

DATES: This rule is effective July 28,

2000. Public comments must be

received by August 28, 2000.

ADDRESSES: TRICARE Management

Activity (TMA), Program Development

Branch, Aurora, CO 80045–6900.

FOR FURTHER INFORMATION CONTACT: Lt

Col Kathleen Larkin, Office of the

Assistant Secretary of Defense (Health

Affairs)/TRICARE Management Activity,

telephone (703) 681–3628.

Questions regarding payment of

specific claims under the CHAMPUS

allowable charge method should be

addressed to the appropriate TRICARE/

CHAMPUS contractor.

SUPPLEMENTARY INFORMATION:

Federal Register / Vol. 65, No. 125 / Wednesday, June 28, 2000 / Rules and Regulations 39805

I. Overview of the Rule

This interim final rule implements

section 712 of the National Defense

Authorization Act for Fiscal Year 1999

which modified chapter 55 of title 10,

United States Code by adding a new

section 1079a which provides for

automatic TRICARE Prime enrollment

for active duty families of E–4 and

below in certain circumstances. Owing

to the small number of family members

of E–4 and below who are not already

enrolled in TRICARE Prime, and the

restrictive nature of TRICARE Prime

enrollment, military medical treatment

facility commanders will identify those

individuals residing in their catchment

area who should be automatically

enrolled but are not. At that time, the

family members will be informed of

their enrollment and be given the

opportunity to select or be assigned a

primary care manager, or to disenroll

from TRICARE Prime. The choice of

whether to remain enrolled in TRICARE

Prime, or to decline enrollment to

participate in TRICARE Extra or

Standard remains completely voluntary.

II. Rulemaking Procedures

Executive Order 12866 requires

certain regulatory assessments for any

significant regulatory action, defined as

one which would result in an annual

effect on the economy of $100 million

or more, or 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 is not a significant regulatory

action under the provisions of Executive

Order 12866, and it would not have a

significant impact on a substantial

number of small entities.

The interim final rule will not impose

additional information collection

requirements on the public under the

Paperwork Reduction Act of 1995 (44

U.S.C. Chapter 55).

This rule is being issued as an interim

final rule, with comment period, as an

exception to our standard practice of

soliciting public comments prior to

issuance. The Assistant Secretary of

Defense (Health Affairs) has determined

that following the standard practice in

this case would be impracticable,

unnecessary, and contrary to the public

interest. This determination is based on

several factors. First, this change

directly implements a statutory

amendment enacted by Congress

expressly for this purpose. Second, for

the most part this rule simply

implements the unambiguous

Congressional policy of automatically

enrolling family members of active duty

members of E–4 and below who reside

in areas where TRICARE Prime is

offered through a military medical

treatment facility. Third, TRICARE

Prime is a major ‘‘quality of life’’

program of the Department of Defense.

Its success is of great importance to

maintaining adequate retention rates of

military personnel and, thus, the

conduct of the military affairs function

of the United States. Public comments

are invited. All comments will be

carefully considered. A discussion of

the major issues received by public

comments will be included with the

issuance of the permanent final rule,

anticipated approximately 60 days after

the end of the comment period.

List of Subjects in 32 CFR Part 199

Administrative practice and

procedure, Claims, 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 199.17 is amended as

follows:

a. Revising paragraph (a)(6)(ii)(A),

b. Adding a new paragraph (b)(3),

c. Revising paragraphs (c)(2)(i) and

(n)(1), and

d. Adding a new paragraph (o)(7).

The revisions and additions read as

follows:

§ 199.17 TRICARE Program.

(a) * * *

(6) * * *

(ii) * * *

(A) Beneficiaries may enroll, or be

enrolled, in the ‘‘TRICARE Prime Plan,’’

which features use of military treatment

facilities and substantially reduced outof-pocket costs for CHAMPUS care.

Beneficiaries generally agree to use

military treatment facilities and

designated civilian provider networks,

in accordance with enrollment

provisions.

* * * * *

(b) * * *

(3) Automatic enrollment of certain

dependents. Under 10 U.S.C. 1079a, in

the case of dependents of active duty

members in the grade of E–1 to E–4,

such dependents who reside in

catchment areas of military hospitals

shall be automatically enrolled in

TRICARE Prime consistent with

procedures established under paragraph

(o)(7) of this section. Voluntary choice

shall be preserved by the right of such

dependents to disenroll at any time.

* * * * *

(c) * * *

(2) * * *

(i) In the case of dependents of active

duty members in the grade of E–1 to E–

4, such dependents who reside in

catchment areas of military hospitals

will be automatically enrolled in

TRICARE Prime consistent with

procedures established under paragraph

(o)(7) of this section. Other dependents

of active duty members are eligible to

enroll in Prime. After all active duty

members, and those dependents

automatically enrolled, all other

dependents of active duty members will

have second priority for enrollment .

* * * * *

(n) * * *

(1) Primary care manager. All active

duty members and Prime enrollees will

be assigned or allowed to select a

primary care manager pursuant to a

system established by the MTF

Commander or other authorized official.

Active duty members and dependents of

E–4 and below who are automatically

enrolled in TRICARE Prime shall choose

or be assigned a primary care manager

who is part of the MTF. The primary

care manager may be an individual

physician, a group practice, a clinic, a

treatment site, or other designation. For

those who are not automatically

enrolled in Prime, the primary care

manager may be part of the MTF or the

Prime civilian network. The enrollee

will be given the opportunity to register

a preference for primary care manager

from a list of choices provided by the

MTF commander. Preference requests

will be honored subject to availability,

under the MTF beneficiary category

priority system and other operational

requirements established by the

commander or other authorized person).

* * * * *

(o) * * *

(6) Special procedures for certain

dependents of active duty members in

pay grades E–1 to E–4. As an exception

to other procedures in paragraph (o) of

this section, dependents of active duty

members in pay grades E–1 to E–4, if

such dependents reside in a catchment

area of a military hospital, are

automatically enrolled in TRICARE

Prime. The applicable military hospital

shall provide written notice of the

automatic enrollment to the member

39806 Federal Register / Vol. 65, No. 125 / Wednesday, June 28, 2000 / Rules and Regulations

1Copies may be obtained: http://

www.whitehouse.gov/OMB/circulars.

and the affected dependents. The

effective date of such automatic

enrollment shall be the date of the

written notice, unless an earlier

effective date is requested by the

member or affected dependents, so long

as the affected dependents were as of

the effective date dependents of an

active duty member in pay grades E–1

to E–4 and residents in a catchment area

of a military hospital. Dependents who

are automatically enrolled under this

paragraph may disenroll at any time.

Such disenrollment shall remain in

effect until such dependents take

specific action to reenroll which such

dependents may do at any time.

* * * * *

Dated: June 22, 2000.

L. M. Bynum,

Alternate Federal Register Notice Liaison

Officer, Department of Defense.

[FR Doc. 00–16263 Filed 6–27–00; 8:45 am]

BILLING CODE 5001–10–P

DEPARTMENT OF DEFENSE

Defense Commissary Agency

32 CFR Part 327

Defense Commissary Agency Privacy

Act Program

AGENCY: Defense Commissary Agency,

DoD.

ACTION: Final rule.

SUMMARY: This rule establishes the

Defense Commissary Agency Privacy

Act Program. This rule establishes

policies and procedures for

implementing the DeCA Privacy

Program, and delegates authorities and

assigns responsibilities for the

administration of the DeCA Privacy

Program

EFFECTIVE DATE: June 9, 2000.

FOR FURTHER INFORMATION CONTACT: Ms.

Carole Marsh at (804) 734–8841.

SUPPLEMENTARY INFORMATION:

Executive Order 12866

It has been determined that this

Privacy Act rule for the Department of

Defense does not constitute ‘‘significant

regulatory action’’. Analysis of the rule

indicates that it does not have an annual

effect on the economy of $100 million

or more; does not create a serious

inconsistency or otherwise interfere

with an action taken or planned by

another agency; does not materially alter

the budgetary impact of entitlements,

grants, under fees, or loan programs or

the rights and obligations of recipients

thereof; does not raise novel legal or

policy issues arising out of legal

mandates, the President’s priorities, or

the principles set forth in Executive

Order 12866.

Regulatory Flexibility Act

It has been determined that this

Privacy Act rule for the Department of

Defense does not have significant

economic impact on a substantial

number of small entities because it is

concerned only with the administration

of Privacy Act systems of records within

the Department of Defense.

Paperwork Reduction Act

It has been determined that this

Privacy Act rule for the Department of

Defense imposed no information

requirements beyond the Department of

Defense and that the information

collected within the Department of

Defense is necessary and consistent

with 5 U.S.C. 552a, known as the

Privacy Act of 1974.

List of Subjects in 32 CFR Part 327

Privacy.

Accordingly, Title 32 of the CFR is

amended in Chapter I, subchapter O, by

adding part 327 to read as follows:

PART 327—DEFENSE COMMISSARY

AGENCY PRIVACY ACT PROGRAM

Sec.

327.1 Purpose.

327.2 Applicability.

327.3 Responsibilities.

327.4 Definitions.

327.5 Systems of records.

327.6 Collecting personal information.

327.7. Access by individuals.

327.8 Disclosure of personal information to

other agencies and third parties.

Appendix A to part 327—Sample DeCA

response letter.

Appendix B to part 327—Internal

Management Control Review Checklist.

Appendix C to part 327—DeCA Blanket

Routine Uses.

Authority: Pub. L. 93–579, 88 Stat. 1896 (5

U.S.C. 522a).

§ 327.1 Purpose.

This part implements the basic

policies and procedures for the

implementation of the Privacy Act of

1974, as amended (5 U.S.C. 552a); OMB

Circular A–130; 1 and 32 CFR part 310;

and to promote uniformity in the DeCA

Privacy Act Program.

§ 327.2 Applicability.

This part applies to Headquarters,

Field Operating Activities (FOA),

Regions, Zones, Central Distribution

Centers (CDC), Commissaries of DeCA,

and contractors during the performance

of a contract with DeCA. All personnel

are expected to comply with the

procedures established herein.

§ 327.3 Responsibilities.

(a) The Director, DeCA. (1) Supervises

the execution of the Privacy Act and

this part within the DeCA, and serves as

the DeCA Privacy Act Appeal Authority.

(2) Appoints:

(i) The Executive Director for Support

as the DeCA Initial Denial Authority for

the DeCA Privacy Act Program.

(ii) The Records Manager, Office of

Safety, Security, and Administration as

the DeCA Privacy Act Officer.

(b) The Privacy Act Officer, DeCA. (1)

Establishes and manages the PA

program for DeCA.

(2) Provides guidance, assistance and

training.

(3) Controls and monitors all requests

received and prepares documentation to

the office of primary responsibility

(OPR) for response.

(4) Prepares response to requester

based on information provided by the

OPR.

(5) Signs all response requests for

releasable information to the requester

after coordination through the General

Counsel. Ensures that all denied

requests for information are released by

the DeCA Initial Denial Authority.

(6) Publishes instructions to

contractors that:

(i) Provide DeCA Privacy program

guidance to their personnel who solicit,

award, or administer government

contracts;

(ii) Inform prospective contractors of

their responsibilities regarding the

DeCA Privacy Program; and

(iii) Establish an internal system of

contractor performance review to ensure

compliance with DeCA’s Privacy

program.

(iv) Prepare and submit System

Notices to the Defense Privacy Office for

publication in the Federal Register.

(7) Maintain Privacy Case files and

records of disclosure accounting.

(8) Submit the DeCa Annual Privacy

Act Report (RCS: DD–DA&M(A)1379) to

the Defense Privacy Office.

(c) DeCA Directorates/Staff Offices.

(1) Provide response and the

information requested to the PA Officer

for release to the individual.

(2) In the event the information is to

be denied release, the requested

information and rationale for denial will

be forwarded to the PA Officer for

denial determination.

(d) Regions. Regional Directors will

appoint a Regional PA Coordinator who

will maintain suspense control of PA

actions, prepare documentation to the