Federal Register / Vol. 62, No. 172 / Friday, September 5, 1997 / Rules and Regulations 46877

FOR FURTHER INFORMATION CONTACT:

Elizabeth Karzon, (202) 622–3880 (not a

toll-free number).

SUPPLEMENTARY INFORMATION:

Background

The temporary regulations that are

subject to these corrections are under

section 894 of the Internal Revenue

Code.

Need for Correction

As published, the temporary

regulations (TD 8722) contain errors that

may prove to be misleading and are in

need of clarification.

Correction of Publication

Accordingly, the publication of the

temporary regulations (TD 8722) which

are the subject of FR Doc. 97–17467 is

corrected as follows:

1. On page 35673, column 1, in the

preamble in the caption FOR FURTHER

INFORMATION CONTACT, line 2, the

language ‘‘Elizabeth Karzon, (202) 622–

3860 (not a’’ is corrected to read

‘‘Elizabeth Karzon, (202) 622–3880 (not

a’’.

§ 1.894–1T [Corrected]

2. On page 35676, column 3, § 1.894–

1T, paragraph (d)(1), line 5 from the

bottom of the column, the language ‘‘a

resident of the jurisdiction only to the’’

is corrected to read ‘‘a resident of the

jurisdiction to the’’.

3. On page 35677, column 1, § 1.894–

1T, paragraph (d)(1), line 9, the language

‘‘a resident of such jurisdiction only if’’

is corrected to read ‘‘a resident of such

jurisdiction if’’.

4. On page 35679, column 2, § 1.894–

1T, paragraph (d)(6), paragraph (i) of

Example 11., line 16, the language

‘‘holder, is a corporation organized in

Country’’ is corrected to read ‘‘holder, is

a business organization organized in

Country’’.

5. On page 35679, column 3, § 1.894–

1T, paragraph (d)(6), paragraph (ii) of

Example 11., line 15, the language

‘‘jurisdiction. F, however, may claim

the’’ is corrected to read ‘‘jurisdiction. F,

however, is entitled to the’’.

5. On page 35679, column 3, § 1.894–

1T, paragraph (d)(6), paragraph (ii) of

Example 11., line 20, the language ‘‘of

X, because X qualifies as a resident of

X’’ is corrected to read ‘‘of X, because

F qualifies as a resident of X’’.

Cynthia E. Grigsby,

Chief, Regulations Unit, Assistant Chief

Counsel (Corporate).

[FR Doc. 97–23645 Filed 9–4–97; 8:45 am]

BILLING CODE 4830–01–U

DEPARTMENT OF THE TREASURY

Internal Revenue Service

26 CFR Part 1

[TD 8656]

RIN 1545–AS24

Section 6662—Imposition of the

Accuracy-Related Penalty; Correction

AGENCY: Internal Revenue Service (IRS),

Treasury.

ACTION: Correcting amendment.

SUMMARY: This document contains a

correction to final regulations (TD 8656)

in the Code of Federal Regulations,

which were published in the Federal

Register on Friday, February 9, 1996 (61

FR 4876). The final regulations provide

guidance on the imposition of the

accuracy related penalty.

EFFECTIVE DATE: February 9, 1996.

FOR FURTHER INFORMATION CONTACT: Lisa

G. Sams (202) 622–3880 (not a toll-free

number).

SUPPLEMENTARY INFORMATION:

Background

The final regulations that are the

subject of these corrections are under

section 6662 of the Internal Revenue

Code.

Need for Correction

As published, TD 8656 contains an

error that may prove to be misleading

and is in need of clarification.

List of Subjects in 26 CFR Part 1

Income taxes, Reporting and

recordkeeping requirements.

Accordingly, 26 CFR part 1 is

corrected by making the following

correcting amendment:

PART 1—INCOME TAXES

Paragraph 1. The authority citation

for part 1 continues to read in part as

follows:

Authority: 26 U.S.C. 7805 * * *

§ 1.6662–6 [Corrected]

Par. 2. In § 1.6662–6, paragraph

(d)(2)(ii)(E) is amended by removing the

language ‘‘§ 1.482–1(e)(2)(ii)(B)’’ from

the last sentence and adding the

language ‘‘§ 1.482–1(e)(2)(iii)(B)’’ in its

place.

Cynthia E. Grigsby,

Chief, Regulations Unit, Assistant Chief

Counsel (Corporate).

[FR Doc. 97–23646 Filed 9–4–97; 8:45 am]

BILLING CODE 4830–01–U

DEPARTMENT OF DEFENSE

Office of the Secretary

32 CFR Part 199

[DoD 6010.8–R]

RIN 0720–AA33

Civilian Health and Medical Program of

the Uniformed Services (CHAMPUS);

Health Promotion and Disease

Prevention Visits and Immunizations

AGENCY: Office of the Secretary, DoD.

ACTION: Final rule.

SUMMARY: This final rule expands wellbaby visits and immunizations to

dependents under the age of six and

improves access to preventive benefits

for dependents age six and above to

include health promotion and disease

prevention visits in connection with

immunizations, Pap smears,

mammograms, and colon and prostate

cancer screenings.

DATES: This final rule is effective

October 6, 1997.

ADDRESSES: Office of Health Services

Financing Policy, Department of

Defense, Room 1B657 Pentagon,

Washington, DC 20301–1200.

FOR FURTHER INFORMATION CONTACT:

Cynthia P. Speight, Office of the

Assistant Secretary of Defense (Health

Affairs), (703) 697–8975.

SUPPLEMENTARY INFORMATION:

A. Provisions of Proposed Rule

On February 10, 1996, Pub.L. 104–106

was signed into law. Section 701 of that

law extends coverage of ‘‘well-baby

visits’’ and immunizations for an

additional three years, from up to two

years of age to under six years of age.

Section 701 also provides for additional

preventive care services under the Basic

CHAMPUS Program (see § 199.4) for

dependents six years of age or older.

This rule implements provisions of

Pub.L. 104–106 by changing ‘‘well-baby

care’’ to ‘‘well-child care’’ and by

providing for additional preventive care

services for dependents six years of age

or older. This rule improves availability

of immunizations and other preventive

services, particularly for children. While

these services have previously been

available in military hospitals and

clinics, access has depended on

proximity to military medical treatment

facilities with available space and

services. Access, therefore, has not been

uniformly attainable for all

beneficiaries. This rule improves access

by authorizing coverage of these

services by all TRICARE benefit options,
46878 Federal Register / Vol. 62, No. 172 / Friday, September 5, 1997 / Rules and Regulations

subject to their respective copay

requirements. This rule also implements

provisions of P.L. 104–201 by

expanding preventive health care

services covered by TRICARE/

CHAMPUS to include colon and

prostate cancer screening.

These preventive services and

immunizations are based on

recommendations of the U.S. Preventive

Services Task Force which participated

in setting national health goals in the

report Healthy People 2000. Broad goals

set by Health People 2000 included an

increase in the span of healthy life for

Americans, reduction in health

disparities among Americans, and

access to preventive services for all

Americans. This rule strengthens

existing programs within the

Department and contributes

significantly to national efforts toward

meeting these goals.

B. Public Comments

The proposed rule was published on

November 5, 1996 (61 FR 56929–56930).

We received one public comment. We

thank the commenter; significant items

raised by the commenter and our

analysis of the comments are

summarized below in the appropriate

sections of the preamble.

1. Screening Mammography. We

received a comment expressing

confusion regarding the provision

relating to screening mammography for

asymptomatic women 40 years of age

and older and its correlation with the

TRICARE/CHAMPUS Policy Manual.

The commenter maintains that a

baseline screening mammogram should

be obtained by a woman at 35 years.

Response: We agree that high risk

women, especially those with family

history of breast cancer in a first degree

relative, should receive a baseline

mammogram at 35, and have included

this language. For asymptomatic women

routine screening at age 40 is consistent

with nationally recognized guidelines.

The TRICARE/CHAMPUS policy

manual has been modified to reflect this

policy.

2. Screening Mammography. The

commenter pointed out that since

October 1, 1994, the Mammography

Quality Standards Act of 1992 (P.L.

102–539) has required mammography

facilities to be certified by the Secretary

of the Department of Health and Human

Services rather than the American

College of Radiology.

Response: We appreciate the

comment and this change will be made

in TRICARE/CHAMPUS policy manual.

3. Cancer Screening Papanicolaou

Test—Diagnostic Pap Smear Coverage.

The commenter expressed concern that

diagnostic Pap smear coverage would

not be applicable to women under the

age of 18.

Response: All diagnostic Pap smears

are covered regardless of age.

4. Cancer Screening Papanicolaou

Test—Women at Risk. Another

comment we received recommended

expanding the list of risk factors that

increase the chances that a women will

develop cervical cancer and necessitate

close monitoring of her health status

with an annual Pap smear.

Response: We agree with this

recommendation and have modified the

final rule to expand coverage of Pap

smears to include women who are at

risk for sexually transmissible disease,

women who have or have had multiple

sexual partners (or if their partner has

or has multiple sexual partners), and

women who smoke cigarettes.

5. Cancer Screening Papanicolaou—

Test—Copayment. We received a

comment expressing opposition to

requiring beneficiaries to make

copayments to obtain Pap smears.

Response: For those who enroll in

TRICARE Prime, there is no copayment

for Pap smears. Sections 1079(b) and

1086(b) of Title 10, U.S.C. prevent the

Department from waiving copayments

for those who participate in TRICARE

Extra or TRICARE Standard.

C. Provisions of Final Rule

This final rule expands well-baby

visits and immunizations to dependents

under the age of six and improves

access to preventive benefits for

dependents age six and above to include

health promotion and disease

prevention visits in connection with

immunizations, Pap smears,

mammograms, and colon and prostate

cancer screenings. Minor administrative

changes have been made as a result of

interagency comments.

We modified the final rule to include

physician assistants and family nurse

practitioners in the group of providers

who can receive reimbursement for

preventive services as part of the wellchild care program. In addition, we

modified the provision pertaining to

periodic health supervision visits under

the well-child care program.

Specifically, we defined ‘‘periodic’’

according to American Academy of

Pediatrics (AAP) guidelines and

included mental health assessment, risk

assessment for lead exposure, and

breastfeeding and nutrition counseling

to the services covered under the

periodic health supervision visits.

D. Regulatory Procedures

Executive Order 12866 requires that a

regulatory impact analysis be performed

on any significant regulatory action,

defined as one which would have an

annual effect on the economy of $100

million or more, or have other

significant effects.

The Regulatory Flexibility Act

requires that each federal agency

prepare a regulatory flexibility analysis

when the agency issues regulations

which would have a significant impact

on a substantial number of small

entities. This final rule is not a

significant regulatory action under E.O.

12866, nor would it have a significant

impact on small entities. In addition,

this final rule does not impose new

information collection requirements for

purposes of the Paperwork Reduction

Act of 1980 (44 U.S.C. 3501–3511).

List of Subjects in 32 CFR Part 199

Claims, Handicapped, Health

insurance, Military personnel.

PART 199—[AMENDED]

According, 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; and 10 U.S.C.

Chapter 55.

2. Section 199.2(b) is amended by

removing the definition for ‘‘well-baby

care’’ and adding the definition for

‘‘well-child care’’ in alphabetical order

as follows:

§ 199.2 Definitions.

* * * * *

(b) * * *

Well-child care. A specific program of

periodic health screening,

developmental assessment, and routine

immunization for dependents under six

years of age.

* * * * *

3. Section 199.4 is amended by

revising the heading of (c)(2), and

revising paragraphs (c)(2)(xiii),

(c)(2)(xvi), (c)(3)(xi), (g)(37), and (g)(47)

to read as follows:

§ 199.4 Basic program benefits.

* * * * *

(c) * * *

(2) Covered services of physicians and

other authorized profession providers.

* * * * *

(xiii) Well-child care.

* * * * *

(xvi) Routine eye examinations.

Coverage for routine eye examinations is

limited to dependents of active duty

members, to one examination per

calendar year per person, and to

services rendered on or after October 1,

1984, except as provided under

paragraph (c)(3)(xi) of this section.
Federal Register / Vol. 62, No. 172 / Friday, September 5, 1997 / Rules and Regulations 46879

(3) * * *

(xi) Well-child care. Benefits routinely

are covered for well-child care from

birth to under six years of age. These

periodic health examinations are

designed for prevention, early detection

and treatment of disease and consist of

screening procedures, immunizations

and risk counseling.

(A) The following services are covered

when required as a part of the specific

well-child care program and when

rendered by the attending pediatrician,

family physician, certified nurse

practitioner, or certified physician

assistant.

(1) Newborn examination, heredity

and metabolic screening, and newborn

circumcision.

(2) Periodic health supervision visits,

in accordance with American Academy

of Pediatrics (AAP) guidelines, intended

to promote the optimal health for

infants and children to include the

following services:

(i) History and physical examination

and mental health assessment.

(ii) Vision, hearing, and dental

screening.

(iii) Developmental appraisal to

include body measurement.

(iv) Immunizations as recommenced

by the Centers for Disease Control

(CDC).

(v) Pediatric risk assessment for lead

exposure and blood lead level test.

(vi) Tuberculosis screening.

(vii) Blood pressure screening.

(viii) Measurement of hemoglobin and

hematocrit for anemia.

(ix) Urinalysis.

(x) Health guidance and counseling,

including breastfeeding and nutrition

counseling.

(B) Additional services or visits

required because of specific findings or

because the particular circumstances of

the individual case are covered if

medically necessary and otherwise

authorized for benefits under

CHAMPUS.

(C) The Deputy Assistant Secretary of

Defense, Health Services Financing, will

determine when such services are

separately reimbursable apart from the

health supervision visit.

* * * * *

(g) * * *

(37) Preventive care. Preventive care,

such as routine, annual, or employmentrequested physical examinations;

routine screening procedures; except

that the following are not excluded:

(i) Well-child care.

(ii) Immunizations for individuals age

six and older, as recommended by the

CDC.

(iii) Rabies shots.

(iv) Tetanus shot following an

accidental injury.

(v) Rh immune globulin.

(vi) Genetic tests as specified in

paragraph (e)(3)(ii) of this section.

(vii) Immunizations and physical

examinations provided when required

in the case of dependents of active duty

military personnel who are traveling

outside the United States as a result of

an active duty member’s assignment and

such travel is being performed under

orders issued by a Uniformed Service.

(viii) Screening mammography for

asymptomatic women 40 years of age

and older, and for high risk women 35

years of age and older, when provided

under the terms and conditions

contained in the guidelines adopted by

the Deputy Assistant Secretary of

Defense, Health Services Financing.

(ix) Cancer screening Papanicolaou

(PAP) test for women who are at risk for

sexually transmissible diseases, women

who have or have had multiple sexual

partners (or if their partner has or has

had multiple sexual partners), women

who smoke cigarettes, and women 18

years of age and older when provided

under the terms and conditions

contained in the guidelines adopted by

the Deputy Assistant Secretary of

Defense, Health Services Financing.

(x) Other cancer screenings

authorized by 10 U.S.C. 1079.

(xi) Health promotion and disease

prevention visits (which may include all

of the services provided pursuant to

§ 199.18(b)(2)) may be provided in

connection with immunizations and

cancer screening examinations

authorized by paragraphs (g)(37)(ii) of

this section or (g)(37) (viii) through (x)

of this section.

* * * * *

(47) Eye and hearing examinations.

Eye and hearing examinations except as

specifically provided in paragraphs

(c)(2)(xvi) and (c)(3)(xi) of this section,

or except when rendered in connection

with medical or surgical treatment of a

covered illness or injury.

* * * * *

Dated: August 29, 1997.

L.M. Bynum,

Alternate OSD Federal Register Liaison

Officer, Department of Defense.

[FR Doc. 97–23521 Filed 9–4–97; 8:45 am]

BILLING CODE 5000–04–M

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD08–97–032]

Drawbridge Operations; Kelso Bayou,

LA

AGENCY: Coast Guard, DOT.

ACTION: Notice of temporary deviation

from regulations.

SUMMARY: The Commander, Eighth

Coast Guard District has issued a

temporary deviation from the regulation

governing the operation of the SR 27

swing span drawbridge across Kelso

Bayou, mile 0.7 at Hackberry, Cameron

Parish, Louisiana. This deviation allows

the bridge to remain closed to

navigation between the hours of 3 a.m.

and 11 a.m. on September 6, 1997. This

closure is necessary to facilitate

movement of vehicular traffic for a

continuous concrete pouring operation

scheduled for that day.

DATES: The deviation is effective from 3

a.m. until 11 a.m. on September 6, 1997.

FOR FURTHER INFORMATION CONTACT:

Mr. Phil Johnson, Bridge Administration

Branch, Commander (ob), Eighth Coast

Guard District, 501 Magazine Street,

New Orleans, Louisiana 70130–3396,

telephone number (504) 589–2965.

SUPPLEMENTARY INFORMATION: The SR 27

swing span drawbridge across Kelso

Bayou, mile 0.7 at Hackberry, Cameron

Parish, Louisiana has a vertical

clearance of three feet above mean high

water in the closed to navigation

position and unlimited clearance in the

open to navigation position. Navigation

on the waterway consists primarily of

fishing vessels and recreational craft.

The Louisiana Department of

Transportation and Development has

requested a temporary deviation from

the normal operation of the bridge so

that the contractor can conduct a

continuous concrete pour operation at

the U.S. Department of Energy Storage

Site at Hackberry, Louisiana. This

operation will require that

approximately 35 cement trucks deliver

pre-mixed concrete to the site on a

perpetual traveling schedule. Delays to

vehicular traffic due to drawbridge

openings at the Kelso Bayou bridge

would jeopardize this time sensitive

procedure.

Presently, the draw is required to

open on signal during the shrimping

season, which is from about May 25

through December 22. This deviation

allows the draw to remain closed to

navigation between the hours of 3 a.m.

and 11 a.m. on September 6, 1997.