Federal Register / Vol. 72, No. 56 / Friday, March 23, 2007 / Proposed Rules 13721 

Trade Bureau, 925 Lakeville St., No. 

158, Petaluma, CA 94952; telephone 

415–271–1254. 

SUPPLEMENTARY INFORMATION: TTB 

received a petition, filed on behalf of 21 

grape growers and vintners, proposing 

the establishment of the ‘‘Paso Robles 

Westside’’ American viticultural area in 

northern San Luis Obispo County, 

California. The proposed 179,622-acre 

Paso Robles Westside viticultural area is 

entirely within the existing Paso Robles 

viticultural area (27 CFR 9.84), which, 

in turn, is entirely within the existing 

Central Coast viticultural area (27 CFR 

9.75). The proposed Paso Robles 

Westside viticultural area consists of 

that portion of the existing Paso Robles 

viticultural area west of the Salinas 

River. 

In Notice No. 71, published in the 

Federal Register (72 FR 3088) on 

Wednesday, January 24, 2007, we 

described the petitioners’ rationale for 

the proposed establishment of the Paso 

Robles Westside viticultural area and 

requested comments on the proposal on 

or before March 26, 2007. 

On February 16, 2007, we received a 

request from the Paso Robles AVA 

Committee, representing 59 growers and 

vintners within the existing Paso Robles 

viticultural area, requesting a 30-day 

extension of the comment period for 

Notice No. 71. The request explained 

that the committee will be unable to 

meet before its next scheduled meeting 

on March 9, 2007, and that several of its 

experts will be out of the country until 

that time. The committee stated that it 

will have insufficient time after its next 

meeting to assemble and review its own 

evidence regarding the proposed Paso 

Robles Westside viticultural area, and to 

submit detailed comments on Notice 

No. 71. 

In response to this request, we extend 

the comment period for Notice No. 71 

an additional 30 days. Therefore, 

comments on Notice No. 71 are now due 

on or before April 24, 2007. 

Drafting Information 

Michael Hoover of the Regulations 

and Rulings Division drafted this notice. 

List of Subjects in 27 CFR Part 9 

Wine. 

Authority and Issuance 

This notice is issued under the 

authority of 27 U.S.C. 205. 

Signed: March 9, 2007. 

John J. Manfreda, 

Administrator. 

[FR Doc. E7–5353 Filed 3–22–07; 8:45 am] 

BILLING CODE 4810–31–P 

DEPARTMENT OF DEFENSE 

Office of the Secretary 

32 CFR Part 199 

[DOD–2007–HA–0026] 

RIN 0720–AB14 

TRICARE; Changes Included in the 

John Warner National Defense 

Authorization Act for Fiscal Year 2007; 

Authorization of Anesthesia and Other 

Costs for Dental Care for Children and 

Certain Other Patients 

AGENCY: Office of the Secretary, DoD. 

ACTION: Proposed rule. 

SUMMARY: This proposed rule will 

implement section 702 of the John 

Warner National Defense Authorization 

Act for Fiscal Year 2007 (NDAA for FY 

2007), Pubic Law 109–364. Specifically, 

that legislation amends the coverage of 

contracted medical care with respect to 

dental care beyond that care required as 

a necessary adjunct to medical or 

surgical treatment. The entitlement of 

institutional and anesthesia services is 

authorized in conjunction with noncovered dental treatment for patients 

with developmental, mental, or physical 

disabilities or for pediatric patients age 

5 or under. This proposed rule will not 

eliminate any contracted medical care 

that is currently covered for spouses and 

children. The entitlement of anesthesia 

services will include general anesthesia 

services only. Institutional services will 

include institutional benefits associated 

with both hospital and in-out surgery 

settings. Patients with developmental, 

mental, or physical disabilities are those 

patients with conditions that prohibit 

dental treatment in a safe and effective 

manner. Therefore, it is medically or 

psychologically necessary for these 

patients to require general anesthesia for 

dental treatment. 

DATES: Written comments received at 

the address indicated below by May 22, 

2007 will be accepted. 

ADDRESSES: You may submit comments, 

identified by docket number and/or RIN 

number and title, by any of the 

following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

• Mail: Federal Docket Management 

System Office, 1160 Defense Pentagon, 

Washington, DC 20301–1160. 

Instructions: All submissions received 

must include the agency name and 

docket number of Regulatory 

Information Number (RIN) for this 

Federal Register document. The general 

policy for comments and other 

submissions from members of the public 

is to make these submissions available 

for public viewing on the Internet at 

http://regulations.gov as they are 

received without change, including any 

personal identifies or contact 

information. 

FOR FURTHER INFORMATION CONTACT: Col. 

Gary C. Martin, Office of the Assistant 

Secretary of Defense (Health Affairs), 

TRICARE Management Activity, 

telephone (703) 681–0039. 

SUPPLEMENTARY INFORMATION: 

I. Background 

This proposed rule will amend the 

coverage of contracted medical care 

with respect to dental care beyond that 

care required as necessary adjunct to 

medical or surgical treatment. The 

entitlement of institutional and 

anesthesia services will be authorized in 

conjunction with non-covered dental 

treatment for patients with 

developmental, mental, or physical 

disabilities or for pediatric patients age 

5 or under. This proposed rule will not 

eliminate any contracted medical care 

that is currently covered for spouses and 

children. The entitlement of anesthesia 

services will include general anesthesia 

services only. Institutional services will 

include institutional benefits associated 

with both hospital and in-out surgery 

settings. Patients with developmental, 

mental, or physical disabilities are those 

patients with conditions that prohibit 

dental treatment in a safe and effective 

manner. Therefore, it is medically or 

psychologically necessary for these 

patients to require general anesthesia for 

dental treatment. 

Currently, general anesthesia and 

institutional services are not covered in 

conjunction with dental treatment for 

patients with developmental, mental, or 

physical disabilities or for pediatric 

patients of any age through TRICARE 

medical plan contracts. For military 

families who have children that require 

extensive dental treatment under 

general anesthesia, the two options 

available are to have the care provided 

locally at a Department of Defense (DoD) 

facility or a civilian facility. If the care 

is provided in a DoD facility, the total 

costs to the family are minimal. There 

are locations where this care is not 

available from a DoD facility due to 

facility constraints (no operating room) 

and/or lack of dental specialists. For 

dental care provided in a civilian 

facility, families currently enrolled in 

the TRICARE Dental Program (TDP) or 

TRICARE Retiree Dental Program 

(TRDP) are provided with coverage for 

dental care with applicable cost-shares. 

These include a 40% cost-share for 


sroberts on PROD1PC70 with PROPOSALS
13722 Federal Register / Vol. 72, No. 56 / Friday, March 23, 2007 / Proposed Rules 

general anesthesia and varying costshares for dental procedures (fillings, 

crowns, root canals) completed in the 

operating room setting. There is an 

annual maximum benefit for the TDP 

and TRDP of $1,200 per enrollee. This 

means that the total payments for 

covered services for each enrolled 

member will not exceed $1,200 in any 

contract year. In addition, the TRDP has 

a deductible of $50 per patient per year, 

not to exceed $150 per family per year. 

Frequently, the annual maximum is 

reached for those pediatric patients who 

require extensive dental treatment 

under general anesthesia. Once the 

annual maximum is reached, the 

remainder of the billed charges is the 

enrollee’s responsibility. The hospital 

costs (institutional services) are covered 

by neither the TDP nor TRDP. For 

families with dental insurance other 

than TDP or TRDP, their plan structure 

will defray some costs but out-of-pocket 

costs will remain significant. Currently, 

families without any dental insurance 

will incur the total costs of dental, 

anesthesia, and institutional services. 

II. Regulatory Procedures 

Executive Order 12866 requires that a 

comprehensive regulatory impact 

analysis be performed on any 

economically significant regulatory 

action, defined as one that would result 

in an annual effect of $100 million or 

more on the national economy or which 

would 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 rule is 

not an economically significant 

regulatory action and will not have a 

significant impact on a substantial 

number of small entities for purposes of 

the RFA, thus this proposed rule is not 

subject to any of these requirements. 

This rule will not impose additional 

information collection requirements on 

the public under the Paperwork 

Reduction Act of 1995 (44 U.S.C. 3501–

3511). 

We have examined the impact(s) of 

the proposed rule under Executive 

Order 13132 and it does not have 

policies that have federalism 

implications that would have 

substantial direct effects 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, therefore, 

consultation with State and local 

officials is not required. 

List of Subjects in 32 CFR Part 199 

Claims, Dental health, Health care, 

Health insurance, Individuals with 

disabilities, Military personnel. 

Accordingly, 32 CFR part 199 is 

proposed to be amended as follows: 

PART 199—CIVILIAN HEALTH AND 

MEDICAL PROGRAM OF THE 

UNIFORMED SERVICES (CHAMPUS) 

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 199.4 is amended by 

removing the first sentence of paragraph 

(e)(10) introductory text and adding two 

sentences in its place; revising the first 

sentence of paragraph (e)(10)(iii); and 

adding paragraph (e)(10)(vi) to read as 

follows: 

§ 199.4 Basic program benefits. 

* * * * * 

(e) * * * 

(10) Dental. TRICARE/CHAMPUS 

does not include a dental benefit. 

However, in connection with dental 

treatment for patients with 

developmental, mental, or physical 

disabilities or for pediatric patients age 

5 or under, only institutional and 

anesthesia services may be provided as 

a benefit. * * * 

* * * * * 

(iii) Preauthorization required. In 

order to be covered, adjunctive dental 

care requires preauthorization from the 

Director, TRICARE Management 

Activity, or a designee, in accordance 

with paragraph (a)(12) of this section. 

* * * 

* * * * * 

(vi) Anesthesia and institutional costs 

for dental care for children and certain 

other patients. Institutional benefits 

specified in paragraph (b) of this section 

may be extended for hospital and in-out 

surgery settings related to noncovered, 

nonadjunctive dental care when such 

outpatient care or inpatient stay is in 

conjunction with dental treatment for 

patients with developmental, mental, or 

physical disabilities or for pediatric 

patients age 5 or under. For these 

patients, anesthesia services will be 

limited to the administration of general 

anesthesia only. Patients with 

developmental, mental, or physical 

disabilities are those patients with 

conditions that prohibit dental 

treatment in a safe and effective manner. 

Therefore, it is medically or 

psychologically necessary for these 

patients to require general anesthesia for 

dental treatment. Patients with physical 

disabilities include those patients 

having disabilities as defined in § 199.2 

as serious physical disability. 

Preauthorization by the Director, 

TRICARE Management Activity, or a 

designee, is required for such outpatient 

care or inpatient stays to be covered in 

the same manner as required for 

adjunctive dental care described in 

paragraph (e)(10)(iii) of this section. 

Regardless of whether or not the 

preauthorization request for outpatient 

care or hospital admission is approved 

and thus qualifies for institutional 

benefits, the professional service related 

to the nonadjunctive dental care is not 

covered with the exception of coverage 

for anesthesia services. 

* * * * * 

Dated: March 15, 2007. 

L.M. Bynum, 

Alternate OSD Federal Register Liaison 

Officer, Department of Defense. 

[FR Doc. 07–1375 Filed 3–22–07; 8:45 am] 

BILLING CODE 5001–06–M 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R05–OAR–2005–IL–0001; FRL–8290–

6] 

Approval and Promulgation of Air 

Quality Implementation Plans; Illinois 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is proposing approval of 

revisions to volatile organic compound 

(VOC) rules for Formel Industries, Inc. 

(Formel) as a revision to the Illinois 

State Implementation Plan. On 

December 12, 2001, EPA approved an 

adjusted standard for Formel. Formel, a 

flexographic printer in Cook County, 

Illinois, was given an adjusted standard 

because Illinois determined it was not 

technically feasible or economically 

reasonable for Formel to meet the VOC 

control requirements for flexographic 

printers. Illinois withdrew the adjusted 

standard because Formel has installed a 

catalytic oxidizer that allows it to meet 

the VOC control requirements. This 

control device will reduce VOC 

emissions from Formel, which is a 

precursor to ozone formation. 

DATES: Comments must be received on 

or before April 23, 2007. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R05–

OAR–2005–IL–0001, by one of the 

following methods: 


sroberts on PROD1PC70 with PROPOSALS