Federal Register / Vol. 62, No. 171 / Thursday, September 4, 1997 / Proposed Rules 46697

List of Subjects in 30 CFR Part 934

Intergovernmental relations, Surface

mining, Underground mining.

Dated: August 27, 1997.

Russell F. Price,

Acting Regional Director, Western Regional

Coordinating Center.

[FR Doc. 97–23423 Filed 9–3–97; 8:45 am]

BILLING CODE 4310–05–M

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD08–97–004]

RIN 2115–AE47

Drawbridge Operation Regulation for

the Minnesota River

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rule making.

SUMMARY: The Coast Guard proposes

removing the 24 hour advance notice

requirement from the regulation

governing operation of drawbridges over

the Minnesota River between the mouth

and LeSueur, MN. This action is being

taken to update the regulation to reflect

existing conditions and to ensure the

reasonable needs of navigation are met.

The change will require drawbridges on

that reach of the river to open on

demand in accordance with the general

drawbridge operating regulations under

33 CFR 117 Subpart A.

DATES: Comments must be received on

or before November 3, 1997.

ADDRESSES: Comments may be mailed to

Director, Western Rivers Operations

(ob), Eighth Coast Guard District, 1222

Spruce Street, St. Louis, MO 63103–

2832, Attention: Bridge Administrator.

Comments may also be delivered to

Room 2.107f at the above address

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

through Friday, except Federal holidays.

The telephone number is (314) 539–

3900, extension 378.

The Bridge Branch, Director Western

Rivers Operations, maintains the public

docket for this rulemaking. Comments

will become part of the public docket

and the docket will be available for

inspection or copying in room 2.107f at

the above address.

FOR FURTHER INFORMATION CONTACT:

Roger K. Wiebusch, Bridge

Administrator, Director Western Rivers

Operations, 314–539–3900, extension

378.

SUPPLEMENTARY INFORMATION:

Request for Comments

The Coast Guard encourage interested

persons to particiate in this rulemaking

by submitting written data, views, or

arguments. The Coast Guard is soliciting

comments on the regulation change

until November 3, 1997. The Coast

Guard will consider all comments

received during the comment period. It

may change this proposal in view of the

comments.

The Coast Guared plans no public

hearing. Persons may request a public

hearing by writing to the Bridge

Administrator at the address under

ADDRESSES. The request should include

the reasons 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 the time

and place announced by a later notice

in the Federal Register.

Background and Purpose

The proposed change will ensure the

regulation reflects favorable existing

drawbridge operating practices.

Coordination between the Coast Guard,

waterway users and owners of the only

affected drawbridge at Savage, MN, Mile

14.3 on the Minnesota River, have

resulted in the bridge being operated in

a manner that meets the needs of both

navigation and the railroad. (All written

correspondence regarding this

coordination is available in the public

docket). Operation of the Savage

Drawbridge will revert to the existing

general drawbridge regulations found in

33 CFR, 117 Subpart A, i.e. it will open

on demand. Approval of this proposal

will eliminate an obsolete and

undesirable drawbridge regulation and

ensure continued favorable drawbridge

operation practices.

Discussion of Change

This proposed rule will remove the

requirement in 33 CFR 117.663,

paragraph (a), that currently requires

river traffic to provide 24 hours advance

notice for drawbridge operation. All

bridges below (downstream of) LeSueur,

MN will now operate under the general

bridge requirements found in 33 CFR

117 Subpart A, i.e. will have to open

upon demand. The only bridge that will

be affected is the railroad drawbridge at

Savage, MN. The proposed rule will

maintain the existing language in the

second paragraph of 33 CFR 117.663

stating that the draws of bridges above

LeSueur, MN need not be opened for the

passage of vessels.

Regulatory Evaluation

This rule is not a significant

regulatory action under 3(f) of Executive

Order 12866 and does not require an

assessment of potential cost 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 rule to be so minimal that

a full Regulatory Evaluation under

paragraph 10e of the regulatory policies

and procedures of DOT is unnecessary.

The proposed rule affects one

drawbridge and is not expected to

significantly alter the day-to-day

activities of any businesses.

Small Entities

Under the Regulatory Flexibility Act

(5 U.S.C. 601 et seq.), the Coast Guard

must consider whether this change, if

adopted, will have a significant

economic impact on a substantial

number of small entities. ‘‘Small

entities’’ may include (1) small

businesses and not-for-profit

organizations that are independently

owned and operated and are not

dominant in their fields and (2)

governmental jurisdictions with

populations of less than 50,000. Because

the proposed rule affects only one

drawbridge and requires the bridge to

open upon demand, the Coast Guard

expects the impact of this change to be

minimal. Therefore, the Coast Guard

certifies under 5 U.S.C. 605(b) that this

change, if adopted, will not have a

significant economic impact on a

substantial number of small entities. If,

however, you think that your business

or organization qualifies as a small

entity and that this proposed rule will

have a significant economic impact on

your business or organization, please

submit a comment (See ADDRESSES)

explaining why you think it qualifies

and in what way and to what degree this

proposed rule will economically affect

it.

Collection of Information

This proposed rule contains no

collection of information requirements

under the Paperwork Reduction Act of

1995 (44 U.S.C. 3501 et seq.).

Federalism

The Coast Guard has analyzed this

rule under the principles and criteria

contained in Executive Order 12612 and

has determined that this change does

not have sufficient federalism
46698 Federal Register / Vol. 62, No. 171 / Thursday, September 4, 1997 / Proposed Rules

implications to warrant preparation of a

Federalism Assessment.

Environment

The Coast Guard has reviewed the

environmental impact of this proposed

rule and concluded that under section

2.B.2e(32) of COMDTINST M16475.1B,

this proposed change is categorically

excluded from further environmental

documentation because promulgation of

changes to drawbridge regulations have

been found not to have significant effect

on the environment. A ‘‘Categorical

Exclusion Determination’’ is available

for inspection or copying where

indicated under ADDRESSES.

List of Subjects in 33 CFR Part 117

Bridges.

Regulation

For the reasons discussed in the

preamble, the Coast Guard proposes to

amend 33 CFR part 117 as follows:

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 117.663 is revised to read

as follows:

§ 117.663 Minnesota River.

The draws of bridges above LeSueur,

MN need not be opened for the passage

of vessels.

Dated: August 21, 1997.

T.W. Josiah,

Rear Admiral, U.S. Coast Guard, Commander,

Eighth Coast Guard District.

[FR Doc. 97–23442 Filed 9–3–97; 8:45 am]

BILLING CODE 4910–14–M

DEPARTMENT OF HEALTH AND

HUMAN SERVICES

Health Care Financing Administration

42 CFR Part 416

[BPD–831–P]

RIN 0938–AH15

Medicare Program; Adjustment in

Payment Amounts for New Technology

Intraocular Lenses

AGENCY: Health Care Financing

Administration (HCFA), HHS.

ACTION: Proposed rule.

SUMMARY: This proposed rule would

establish in regulations a process under

which interested parties may request,

with respect to a class of new

technology intraocular lenses (IOLs), a

review of the appropriateness of the

current payment amount for IOLs

furnished by Medicare-participating

ambulatory surgical centers.

The rule implements section 141(b) of

the Social Security Act Amendments of

1994, which requires us to develop and

implement this process.

DATES: Comments will be considered if

we receive them at the appropriate

address, as provided below, no later

than 5 p.m. on November 3, 1997.

ADDRESSES: Mail written comments (1

original and 3 copies) to the following

address: Health Care Financing

Administration, Department of Health

and Human Services, Attention: BPD–

831–P, P.O. Box 26688, Baltimore, MD

21207–0488.

If you prefer, you may deliver your

written comments (1 original and 3

copies) to one of the following

addresses:

Room 309–G, Hubert H. Humphrey

Building, 200 Independence Avenue,

SW., Washington, DC 20201, or

Room C5–09–26, 7500 Security

Boulevard, Baltimore, MD 21244–

1850.

Comments may also be submitted

electronically to the following e-mail

address: BPD831P@hcfa.gov. E-mail

comments must include the full name

and address of the sender and must be

submitted to the referenced address to

be considered. All comments must be

incorporated in the e-mail message

because we may not be able to access

attachments. Electronically submitted

comments will be available for public

inspection at the Independence Avenue

address below.

Because of staffing and resource

limitations, we cannot accept comments

by facsimile (FAX) transmission. In

commenting, please refer to file code

BPD–831–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 309–G of the

Department’s offices 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).

Copies: To order copies of the Federal

Register containing this document, send

your request to: New Orders,

Superintendent of Documents, P.O. Box

371954, Pittsburgh, PA 15250–7954.

Specify the date of the issue requested

and enclose a check or money order

payable to the Superintendent of

Documents, or enclose your Visa or

Master Card number and expiration

date. Credit card orders can also be

placed by calling the order desk at (202)

512–1800 or by faxing to (202) 512–

2250. The cost for each copy is $8. As

an alternative, you can view and

photocopy the Federal Register

document at most libraries designated

as Federal Depository Libraries and at

many other public and academic

libraries throughout the country that

receive the Federal Register.

This Federal Register document is

also available from the Federal Register

online database through GPO Access, a

service of the U.S. Government Printing

Office. Free public access is available on

a Wide Area Information Server (WAIS)

through the Internet and via

asynchronous dial-in. Internet users can

access the database by using the World

Wide Web; the Superintendent of

Documents home page address is http:/

/www.access.gpo.gov/sulldocs/, by

using local WAIS client software, or by

telnet to swais.access.gpo.gov, then

login as guest (no password required).

Dial-in users should use

communications software and modem

to call (202) 512–1661; type swais, then

login as guest (no password required).

FOR FURTHER INFORMATION CONTACT:

Cathaleen Ahern, (410) 786–4515.

SUPPLEMENTARY INFORMATION:

I. Background

A. Payment for Ambulatory Surgical

Center Facility Services

Section 1832(a)(2)(F)(i) of the Social

Security Act (the Act) provides that

benefits under the Medicare

supplementary medical insurance

program (Part B) include services

furnished in connection with surgical

procedures that, under section

1833(i)(1)(A) of the Act, are specified by

us and are performed on an inpatient

basis in a hospital but that also can be

performed safely on an ambulatory basis

in an ambulatory surgical center (ASC)

or in a hospital outpatient department.

To participate in the Medicare program

as an ASC, a facility must meet the

standards specified under section

1832(a)(2)(F)(i) of the Act and 42 CFR

416.25 (‘‘Basic requirements’’). Our

regulations at 42 CFR part 416 contain

the coverage and payment rules for

services furnished by Medicareparticipating ASCs.

Section 1833(i)(2)(A) of the Act

authorizes us to pay ASCs a

prospectively-determined rate for

facility services. ‘‘Facility services’’

means services that are furnished in

conjunction with covered surgical

procedures performed in an ASC, or in

a hospital on an outpatient basis.

Section 416.61 sets forth included and

excluded facility services. ASC facility

services payment rates represent our