Federal Register / Vol. 65, No. 128 / Monday, July 3, 2000 / Rules and Regulations 41003

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 Interim

Final Rule is not a significant regulatory

action under Executive Order 12866,

nor would it have a significant impact

on a substantial number of small

entities. The changes set forth in the

interim final rule are minor revisions to

the existing regulation.

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. 3501–3511). 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. Most importantly, this change

directly implements a payment process

already used by Medicare. All public

comments are invited.

List of Subjects in 32 CFR Part 199

Claims, Handicapped, Health

insurance, 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 199.14 is amended by

redesignating paragraphs (h)(2) and

(h)(3) as (h)(3) and (h)(4) and adding a

new paragraph (h)(2) to read as follows:

§ 199.14 Provider reimbursement

methods.

* * * * *

(h) * * *

(2) Bonus payments in medically

underserved areas. A bonus payment, in

addition to the amount normally paid

under the allowable charge

methodology, may be made to providers

in medically underserved areas. For

purposes of this paragraph, medically

underserved areas are the same as those

determined by the Secretary of Health

and Human Services for the Medicare

program. Such bonus payments shall be

equal to the bonus payments authorized

by Medicare, except as necessary to

recognize any unique or distinct

characteristics or requirements of the

CHAMPUS program, and as described

in instructions issued by the Director,

OCHAMPUS.

If the Department of Health and

Human Services acts to amend or

remove the provision for bonus

payments under Medicare, CHAMPUS

likewise may follow Medicare in

amending or removing provision for

such payments.

* * * * *

Dated: June 22, 2000.

L.M. Bynum,

Alternate OSD Federal Register Liaison

Officer, Department of Defense.

[FR Doc. 00–16264 Filed 6–30–00; 8:45 am]

BILLING CODE 5001–10–U

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 100

[CGD07–00–062]

RIN 2115–AE46

Special Local Regulations; Harbour

Town Fireworks Display, Calibogue

Sound, Hilton Head, SC

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

SUMMARY: Temporary Special Local

Regulations are being adopted for the

Harbour Town Fireworks Display,

Calibogue Sound, Hilton Head, SC. The

event will be held from 9 p.m. to 9:30

p.m. local time on July 4, 2000 in

Calibogue Sound, Hilton Head, SC.

These regulations are needed to provide

for the safety of life on navigable waters

during the event.

DATES: This rule is effective from 8:30

p.m. to 9:30 p.m. local time on July 4,

2000 and from 8:30 p.m. to 9:30 p.m. on

July 5, 2000 in case of event

postponement due to the onset of

inclement weather.

ADDRESSES: Comments and material

received from the public, as well as

documents indicated in this preamble as

being available in the docket, are part of

docket CGD 07–00–062 and are

available for inspection or copying at

Commander, Coast Guard Group, 196

Tradd St., Charleston, SC 29401,

between 8 a.m. and 4 p.m., Monday

through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: LT

Simone Brisco, U.S. Coast Guard Group,

Charleston, SC, at (843) 724–7628.

SUPPLEMENTARY INFORMATION:

Regulatory Information

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 that good cause exists

for not publishing an NPRM because

information concerning the exact date

and times of the event were only

recently received. Under 5 U.S.C.

553(d)(3), the Coast Guard finds that

good cause exists for making this rule

effective less than 30 days after

publication in the Federal Register

because information concerning the

exact date and times of the event were

only recently received.

Background and Purpose

These regulations are required to

provide for the safety of life on

navigable waters because of the inherent

danger of fireworks during the Harbour

Town Display, Calibogue Sound, Hilton

Head, SC.

Regulatory Evaluation

This 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 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 Transportation (DOT)

(44 FR 11040, February 26, 1979). We

expect the economic impact of this rule

to be so minimal that a full Regulatory

Evaluation under paragraph 10e of the

regulatory policies and procedures of

DOT is unnecessary as this regulation

will only be in effect for one hour in a

limited area.

Small Entities

Under the Regulatory Flexibility Act

(5 U.S.C. 601–612) we considered

whether this rule would have a

significant economic impact on a

substantial number of small entities.

The term ‘‘small entities’’ comprises

small business, 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.

The rule will affect the following

entities, some of which may be small

entities: the owners or operators of

vessels intending to transit or anchor in

a portion of Calibogue Sound from 8:30

p.m. to 9:30 p.m. on July 4, 2000 (or July

5, 2000 if the event is postponed). This

special local regulation will not have a

significant economic impact on a

substantial number of small entities

41004 Federal Register / Vol. 65, No. 128 / Monday, July 3, 2000 / Rules and Regulations

because this rule will be in effect for

only 1 hour, and vessel traffic can pass

safely around the regulated area.

Assistance for Small Entities

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 rule so that they can

better evaluate its effects on them and

participate in the rulemaking process. If

the rule would affect your small

business, organization, or government

jurisdiction and you have questions

concerning its provisions or options for

compliance, please contact the person

listed under FOR FURTHER INFORMATION

CONTACT for assistance in understanding

and participating in this rulemaking. We

also have a point of contact for

commenting on actions by employees of

the Coast Guard. 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 contains no collection of

information requirements under the

Paperwork Reduction Act of 1995 (44

U.S.C. 3501–3520).

Federalism

We have analyzed this 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 unfunded mandate

costs. This rule will not impose an

unfunded mandate.

Taking of Private Property

This rule will 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 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 concern an environmental risk

to health or safety that may

disproportionately affect children.

Environment

The Coast Guard has considered the

environmental impact of this action and

has determined under Figure 2–1,

paragraph 34(h) of Commandant

Instruction M16475.1C, that this rule is

categorically excluded from further

environmental documentation.

List of Subjects in 33 CFR Part 100

Marine Safety, Navigation (water),

Reporting and Recordkeeping

Requirements, Waterways.

For the reasons discussed in the

preamble, the Coast Guard amends 33

CFR Part 100 as follows:

PART 100—MARINE EVENTS

1. The Authority citation for Part 100

continues to read as follows:

Authority: 33 U.S.C. 1233, 49 CFR 1.46 and

33 CFR 100.35.

2. Temporary § 100.35T–07–062 is

added to read as follows:

§ 100.35T–07–062 Temporary Special

Local Regulation, Calibogue Sound,

Harbour Town, Hilton Head, SC.

(a) Definitions.

(1) Regulated Area. A regulated area

is established on the waters of Calibogue

Sound, Harbour Town, Hilton Head, SC,

within a 1000 foot radius of a fireworks

launch area on a barge in approximate

position 32 08.2′ N, 080 49.2′ W. All

coordinates referenced use Datum: NAD

1983.

(2) Coast Guard Patrol Commander.

The Coast Guard Patrol Commander is

a commissioned, warrant, or petty

officer of the Coast Guard who has been

designated by Commanding Officer,

Group Charleston, SC.

(b) Special Local Regulations. Entry

into the regulated area by other than

event participants is prohibited, unless

otherwise authorized by the Patrol

Commander. Spectator craft are required

to remain in a spectator area to be

established by the event sponsor The

Club Group, LTD.

(c) Dates. These regulations are

effective from 8:30 p.m. to 9:30 p.m.

local time on July 4, 2000. If event is

postponed, they are effective from 8:30

p.m. to 9:30 p.m. local time on July 5,

2000.

Dated: June 20, 2000.

G.W. Sutton,

Captain, U.S. Coast Guard, Acting

Commander, Seventh Coast Guard District.

[FR Doc. 00–16882 Filed 6–29–00; 1:19 pm]

BILLING CODE 4910–15–U

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[COTP Southeast Alaska 00–005]

RIN 2115–AA97

Safety Zone; Gastineau Channel,

Juneau, AK

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

SUMMARY: The Coast Guard is

establishing a temporary safety zone

along the navigable waters of Gastineau

Channel, Juneau, Alaska to encompass

the vessel conducting fireworks display

activities. The safety zone is needed to

protect maritime vessels and to

minimize traffic for the safety and

protection of both the vessel conducting

fireworks display activities and other

vessels in the immediate proximity.

This safety zone will encompass the

waters within a 300 yard radius of the

vessel situated at approximately

58°17′41′′ N, 134°24′22′′ W. Entry into,

transit through or anchoring within this

Safety Zone is prohibited unless

authorized by the Captain of the Port

Southeast Alaska or the Coast Guard

vessel on-scene via VHF–FM channel

16.

DATES: This temporary final rule

becomes effective at 10 p.m. July 3, 2000

and terminates at 2 a.m. July 4, 2000.

ADDRESSES: Documents as indicated in

this preamble are available for

inspection or copying at U.S. Coast

Guard, Marine Safety Office, 2760

Sherwood Lane, Suite 2A, Juneau,

Alaska between 8 a.m. and 3 p.m.,

Monday through Friday, except Federal

holidays. The telephone number is (907)

463–2450.

FOR FUTHER INFORMATION CONTACT:

Lieutenant Cecil McNutt Jr., Chief, Port