Federal Register / Vol. 62, No. 165 / Tuesday, August 26, 1997 / Proposed Rules 45197

CHAMPUS makes reviewing the status

of the provider and circumstances of the

services for each claim administratively

unrealistic. Therefore, this prohibition

has been applied universally to all

providers.

We propose to provide an exception

to this prohibition. There are situations

where government agencies can meet

their needs only by employing

physicians on a part-time basis. For

example, an agency may need the

services of a physician in a certain

specialty but cannot justify employing

the physician on a full-time basis. These

part-time employees maintain a private

practice in which it is reasonable to

expect that they will encounter

CHAMPUS beneficiaries unrelated to

their government employment.

Therefore, we propose to permit these

individuals to be authorized CHAMPUS

providers if they meet three conditions.

First, they must be employed by the

government agency on a part-time

basis—that is, less than twenty (20)

hours per week. We have selected 20

hours as the limit, because we want to

ensure that these physicians are truly

part-time employees needed to fill a

specific requirement. If the agency

needs the services of an employee for

twenty or more hours per week, we

believe a full-time employee should be

utilized. Second, the agency must

certify that unique or special

circumstances detrimental to the

delivery of quality health care exist that

can be overcome only by employing

part-time, non-government, physicians.

Third, the agency and the physician

must certify that they understand and

have taken appropriate measures to

avoid violation of Standards of Conduct,

dual compensation, and conflict of

interest requirements including

protection against referral of patients to

the employee’s private practice.

Providers must certify on each

CHAMPUS claim that he/she is not an

employee of the government. In those

cases where an exception to this

prohibition has been granted, the

provider will be required to certify on

the CHAMPUS claim that an exception

has been granted.

Exceptions can be granted only to

physicians, and no exceptions will be

granted retroactively. In addition, this

exception provision applies to part-time

physicians employed by all U.S.

government agencies, such as those

employed by the Department of

Veterans Affairs which probably has the

most frequent need for it.

It is our intention to delegate approval

of all exceptions to the CHAMPUS fiscal

intermediaries and managed care

contractors. Therefore, requests for

exceptions, including the necessary

certifications, must be sent to the

appropriate CHAMPUS FI/Contractor.

Regulatory Procedures

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 proposed rule is not a significant

regulatory action under Executive Order

12866. The changes set forth in this

proposed rule are minor revisions to the

existing regulation. Since this proposed

rule does not impose information

collection requirements, it does not

need to be reviewed by the Executive

Office of Management and Budget under

authority of the Paperwork Reduction

Act of 1995 (44 U.S.C., Chapter 35).

List of Subjects in 32 CFR Part 199

Claims, Handicapped, Health

Insurance, and Military personnel.

PART 199—[AMENDED]

Accordingly, 32 CFR Part 199 is

amended as follows:

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 199.6 is amended by

revising paragraph (a)(3) to read as

follows:

§ 199.6 Authorized providers.

* * * * *

(a) * * *

(3) Dual compensation/conflict of

interest. 5 U.S.C. 5536 prohibits medical

personnel who are active duty

Uniformed Service members or civilian

employees of the Government from

receiving additional Government

compensation above their normal pay

and allowances for medical care

furnished. In addition, Uniformed

Service members and civilian

employees of the Government are

generally prohibited by law and agency

regulations and policies from

participating in apparent or actual

conflict of interest situations in which a

potential for personal gain exists or in

which there is an appearance of

impropriety or incompatibility with the

performance of their official duties or

responsibilities. Active duty Uniformed

Service members (including a reserve

member while on active duty) and

civilian employees of the United States

Government shall not be authorized to

be CHAMPUS providers except as

provided in this paragraph (a)(3). An

exception to this policy may be made by

the Director, OCHAMPUS, on a case-bycase basis only for a physician

employed by the Government on a parttime basis (i.e., less than 20 hours per

week) when the employing agency

requests an exception based on unique

or special circumstances detrimental to

the delivery of quality health care, and

the employing agency and the physician

have certified that they understand and

have taken appropriate measures to

avoid violation of Standards of Conduct,

dual compensation, and conflict of

interest requirements including

protection against referral of patients to

the employee’s civilian practice. A

provider shall certify on each

CHAMPUS claim that he/she is not an

active duty Uniformed Service member

or civilian employee of the Government.

For those physicians who are part-time

government employees and have been

granted an exception, the provider shall

certify on each CHAMPUS claim that an

exception has been granted.

* * * * *

Dated: August 20, 1997.

L.M. Bynum,

Alternate OSD Federal Register Liaison

Officer, Department of Defense.

[FR Doc. 97–22631 Filed 8–25–97; 8:45 am]

BILLING CODE–5000–04–M

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Parts 95, 100, 173, 174, 175,

177, 179, 181, and 183

46 CFR Part 25

[CGD 97–029]

Review of Regulations on Boating

Safety

AGENCY: Coast Guard, DOT.

ACTION: Request for comments;

reopening and extension of comment

period.

SUMMARY: In a notice published on May

28, 1997, the Coast Guard announced

that it will conduct a comprehensive

review of currently effective boating

safety regulations during and after the

meeting of the National Boating Safety

Advisory Council (NBSAC) in October

1997. The notice described the

regulations to be reviewed and solicited

comments from the boating community

about which regulations should be

changed. This Notice reopens and

extends the comment period.

DATES: Comments must reach the Coast

Guard on or before September 30, 1997.
45198 Federal Register / Vol. 62, No. 165 / Tuesday, August 26, 1997 / Proposed Rules

ADDRESSES: You may mail comments to

the Executive Secretary, Marine Safety

Council (G–LRA, 3406) [CGD 97–029],

U.S. Coast Guard Headquarters, 2100

Second Street SW., Washington, DC

20593–0001, or deliver them to room

3406 at the same address between 9:30

a.m. and 2 p.m., Monday through

Friday, except Federal holidays. The

telephone number is 202–267–1477.

The Executive Secretary maintains the

public docket for this regulatory review.

Comments, and documents as indicated

in this preamble, will become part of

this docket and will be available for

inspection or copying at room 3406,

U.S. Coast Guard Headquarters, between

9:30 a.m. and 2 p.m., Monday through

Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT:

Carlton Perry, Project Manager, Office of

Boating Safety, Program Management

Division, 202–267–0979. You may

obtain a copy of this Notice by calling

the U.S. Coast Guard Infoline at 1–800–

368–5647, or on the Internet Office of

Boating Safety Web Site at URL address

http://www.uscgboating.org/.

SUPPLEMENTARY INFORMATION:

Background and Purpose

In a notice published on May 28, 1997

(62 FR 28824), the Coast Guard set the

original close of the comment period at

July 28, 1997, to allow summarizing the

comments received and providing the

summaries to the NBSAC members prior

to the meeting date. (The Coast Guard

will publish details of the exact time

and place of the meeting in the Federal

Register at a later date. The meeting will

be open to the public.) Due to the small

number of comments received by the

close of the comment period and a

request from the National Association of

State Boating Law Administrators, the

Coast Guard is reopening and extending

the comment period to provide

additional time for submission of public

comment. The Coast Guard will

summarize—and will provide to the

members of NBSAC for them to consider

at the meeting in October 1997—all

comments received during the extended

comment period in response to this

Notice. It will consider all relevant

comments in the formulation of any

changes to the boating safety regulations

that may result from this review. (This

review is not required by but is

consistent with 5 U.S.C. 610, which

directs agencies to conduct periodic

reviews of regulations they issue that

have a significant impact on a

substantial number of small entities.)

The review will encompass currently

effective boating safety regulations in 33

CFR Parts 95, 100, 173, 174, 175, 177,

179, 181, and 183 and 46 CFR Subparts

25.30, 25.35, and 25.40. It will not

encompass any rules not yet final.

Request for Comments

The Coast Guard encourages

interested persons from all segments of

the boating community to participate in

this regulatory review by submitting

written data, views, or arguments

regarding any changes to the currently

effective boating safety regulations,

including elimination or revocation of

any requirements. Persons submitting

comments should include their names

and addresses, identify this Notice [CGD

97–029] and the specific provision in

the regulation to which each comment

applies, state each change needed, and

give all reasons to support each change.

Please submit two copies of all

comments and attachments in an

unbound format, no larger than 81⁄2 by

11 inches, suitable for copying and

electronic filing. Persons wanting

acknowledgment of receipt of comments

should enclose stamped, self-addressed

postcards or envelopes.

Dated: August 18, 1997.

Ernest R. Riutta,

Rear Admiral, U.S. Coast Guard, Assistant

Commandant for Operations.

[FR Doc. 97–22675 Filed 8–25–97; 8:45 am]

BILLING CODE 4910–14–M

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 100

[CGD07–97–041]

RIN 2115–AE46

Special Local Regulations; Miller Lite

Offshore Challenge Boat Race at

Islamorada, Florida—Gold Cup Series

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

SUMMARY: Temporary special local

regulations are being proposed for the

Miller Lite Offshore Challenge Boat

Race at Islamorada, Florida, sponsored

by Offshore Power Boat Racing

Association, Inc. This event will be held

on October 4, 1997, between 11 a.m. and

3 p.m. Eastern Daylight Time (EDT).

These regulations are needed to provide

for the safety of life on navigable waters

during the event.

DATES: Comments must be received on

or before September 25, 1997.

ADDRESSES: Comments may be mailed to

U.S. Coast Guard Group Key West, Key

West, Florida 33040–0005. The

telephone number is (305) 292–8734.

Comments will become a part of the

public docket and will be available for

copying and inspection at the same

address.

FOR FURTHER INFORMATION CONTACT:

QMC Culver, project officer, USCG

Group Key West, (305) 292–8734.

SUPPLEMENTARY INFORMATION:

Request for Comments

The Coast Guard encourages

interested persons to participate in this

rulemaking by submitting written data,

views, or arguments. Persons submitting

comments should include their names

and addresses, identify this rulemaking

(CGD07–97–041) and the specific

section of this proposal to which each

comment applies and give the reason for

each comment.

The Coast Guard will consider all

comments received during the comment

period. It may change this proposal in

view of the comments. The Coast Guard

plans no public hearing. Persons may

request a public hearing by writing to

QMC Culver at the address under

ADDRESSES. The request should include

why a hearing would be beneficial. If it

determines that the opportunity for oral

presentations will aid this rulemaking,

the Coast Guard will hold a public

hearing at a time and place announced

by a notice in the Federal Register.

Discussion of Regulations

These proposed special local

regulations are being considered for the

Miller Lite Offshore Challenge Boat

Race at Islamorada, Florida. The event

will be held from 11 a.m. to 3 p.m. EDT,

on October 4, 1997. Approximately 45

power boats and 200 spectator crafts are

expected to participate in the Miller Lite

Offshore Challenge Boat Race. The

power boats will be competing at high

speeds and operating in close proximity

to the spectators, creating an extra or

unusual hazard on navigable waters.

These regulations are needed to provide

for the safety of life on navigable waters

during the event.

Regulatory Evaluation

This proposal 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. It has been exempted from review

by the Office of Management and

Budget 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). The Coast Guard

expects the economic impact of this

proposal to be so minimal that a full