Federal Register / Vol. 62, No. 202 / Monday, October 20, 1997 / Rules and Regulations 54383

methylene chloride standard is

extended to December 21, 1997 (255

days after the effective date of the

standard) for employers specified in

§ 1910.1052(n)(2)(i)(B).

FOR FURTHER INFORMATION CONTACT:

Bonnie Friedman, Director, OSHA

Office of Public Affairs, U.S.

Department of Labor, Room N3647, 200

Constitution Avenue, NW, Washington,

DC 20210, telephone (202) 219–8151.

SUPPLEMENTARY INFORMATION: OSHA

published a new methylene chloride

standard January 10, 1997 (62 FR 1494).

That standard included extended startup dates for its various provisions

depending on the size of the employer.

The three categories of employers were

employers with fewer than 20

employees, foam manufactures with 20–

99 employees, and ‘‘all other

employers.’’

OSHA published notification of OMB

approval of information collection

requirements on August 8, 1997 (62 FR

42666). As the start-up date for initial

monitoring for ‘‘all other employers’’

was August 8, 1997, OSHA extended

that date to September 7, 1997 to

provide added notice to implement

compliance.

On September 15, 1997 (62 FR 48175),

OSHA published a notice extending the

start-up date for all provisions of the

standard except initial monitoring (and

engineering controls, which already had

a later start-up date) from October 7,

1997 to November 6, 1997 for ‘‘all other

employers.’’ Other start-up dates were

left unchanged.

OSHA has concluded that an

additional 45 days (to December 21,

1997) is needed for implementation of

the provisions except initial monitoring

and engineering controls for ‘‘all other

employers.’’ This allows for a more

efficient and effective implementation

of those provisions. OSHA has also

concluded that an additional 45 days (to

December 21, 1997) is needed for foam

manufacturers with between 20 and 29

employees to comply with the initial

monitoring requirements. OSHA is

amending paragraphs

§ 1910.1052(n)(2)(i)(B) and

§ 1910.1052(n)(2)(iii)(C) to implement

this decision.

The date for completion of initial

monitoring for employers with fewer

than 20 employees is February 4, 1998,

and remains unchanged. See 62 FR 1606

(January 10, 1997) for a listing of

effective and start-up dates.

OSHA finds that there is good cause

to issue this extension without notice

and public comment because following

such procedures would be impractical,

unnecessary or contrary to the public

interest in this case. OSHA believes that

it is in the public interest to give certain

employers additional time to implement

certain provisions.

Authority And Signature

This document was prepared under

the direction of Gregory R. Watchman,

Acting Assistant Secretary of Labor for

Occupational Safety and Health, U.S.

Department of Labor, 200 Constitution

Avenue, NW, Washington, D.C. 20210.

Signed at Washington, DC this 15th day of

October 1997.

Gregory R. Watchman,

Acting Assistant Secretary of Labor.

List of Subjects in 29 CFR Part 1910

Chemicals, Hazardous Substances,

Occupational safety and health,

Reporting and recordkeeping

requirements.

PART 1910—[AMENDED]

1. The general authority citation for

subpart Z of CFR 29 part 1910 continues

to read, in part, as follows:

Authority: Sections 4, 6, and 8 of the

Occupational Safety and Health Act of 1970

(29 U.S.C. 653, 655, and 657 ); Secretary of

Labor’s Order No. 12–71 (36 FR 8754), 8–76

(41 FR 25059), 9–83 (48 FR 35736), 1–90 (55

FR 9033), or 6–96 (62(FR 111), as applicable;

and 29 CFR Part 1911.

* * * * *

2. Paragraphs (n)(2)(i)(B) and

(n)(2)(iii)(C) of § 1910.1052 are revised

to read as follows:

§ 1910.1052 Methylene Chloride.

* * * * *

(n) * * *

(2) * * *

(i) * * *

(B) for polyurethane foam

manufactures with 20 to 99 employees

with 255 days after the effective date of

this section.

(ii) * * *

(iii) * * *

(C) For all other employers within 255

days after the effective date of this

section.

* * * * *

[FR Doc. 97–27691 Filed 10–17–97; 8:45 am]

BILLING CODE 4510–26–M

DEPARTMENT OF DEFENSE

Office of the Secretary

32 CFR Part 199

[DoD 6010.8–R]

RIN–0720–AA42

OCHAMPUS; State Victims of Crime

Compensation Programs; Voice

Prostheses

AGENCY: Office of the Secretary, DoD.

ACTION: Interim final rule; request for

comments.

SUMMARY: This interim final rule

establishes OCHAMPUS as primary

payer to State Victims of Crime

Compensation Programs and establishes

voice prostheses as a CHAMPUS

benefit.

DATES: The amendments to § 199.2 and

§ 199.8 are effective September 13, 1994

and the revision of § 199.4(g)(48) is

effective October 5, 1994. Written

comments will be accepted until

December 19, 1997.

ADDRESSES: Forward comments to the

OCHAMPUS, Program Development

Branch, Aurora, CO 80045–6900.

FOR FURTHER INFORMATION CONTACT:

Connie Kiese, OCHAMPUS, Program

Development Branch, telephone (303)

361–1178.

SUPPLEMENTARY INFORMATION: Under 10

U.S.C. 1079(j)(1), no CHAMPUS benefits

shall be available for the payment for

any service or supply for persons

enrolled in any other insurance, medical

service, or health plan to the extent that

the service or supply is a benefit under

the other plan, except in the case of

those plans administered under title

XIX of the Social Security Act

(Medicaid)(51 FR 24008). Therefore, in

all double coverage situations, and for

all classes of beneficiaries, CHAMPUS

shall be secondary payer except when

the other medical coverage is provided

through Medicaid.

However, on September 13, 1994,

Public Law 103–322 was signed into

effect. Section 230202 of that law states

that notwithstanding any other law, if

the compensation paid by an eligible

crime victim compensation plan would

cover costs that a Federal program or a

federally financed State or local

program would otherwise pay,——

(1) Such crime compensation program

shall not pay that compensation; and

(2) The other program shall make its

payments without regard to the

existence of the crime victim

compensation program.

This provision mandates that

CHAMPUS assume primary payer status
54384 Federal Register / Vol. 62, No. 202 / Monday, October 20, 1997 / Rules and Regulations

to State Victims of Crime Compensation

Programs.

This interim final rule is being

published and no previous public

comment period has been requested.

The change is mandated through public

law signed into effect on September 13,

1994, and we do not believe it is in the

public interest to delay the

implementation through the publication

of a proposed rule. However, for a

period of 60 days following the date of

publication of this interim final rule in

the Federal Register, we will accept

public comments and, when

appropriate, will revise the amendment.

A notice advising of any revision

prompted by public comments will be

published in the Federal Register not

later than 90 days following the end of

the comment period. Benefits will be

granted retroactively, effective

September 13, 1994 for State Victims of

Crime Compensation Programs and

voice prostheses.

The National Defense Authorization

Act for Fiscal Year 1995 (Public Law

103–337), section 705, October 5, 1994,

added voice prostheses to the benefits

available under CHAMPUS. Benefits

will be granted retroactively, effective

October 5, 1994.

Because this change is also mandated

through public law, we do not believe

it is in the public interest to delay the

implementation through the publication

of a proposed rule. A comment period

of 60 days following the date of

publication of this amendment in the

Federal Register is provided.

Effective September 13, 1994,

CHAMPUS is considered primary payer

to state victims of crime compensation

programs. The effective date for the new

CHAMPUS benefit of voice prosthesis is

October 5, 1994.

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 interim final rule is not a

significant regulatory action under

Executive Order 12866. The changes set

forth in this interim final rule are minor

revisions to the existing regulation.

Since this interim final 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 1980 (44 U.S.C. 3501–511).

List of Subjects in 32 CFR Part 199

Claims, Handicapped, Health

insurance, 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; and 10 U.S.C.

Chapter 55.

2. Section 199.2(b) is amended by

adding a definition ‘‘State Victims of

Crime Compensation Programs’’ in

alphabetical order to read as follows:

§ 199.2 Definitions.

* * * * *

(b) * * *

State Victims of Crime Compensation

Programs. Benefits available to victims

of crime under the Violent Crime

Control and Law Enforcement Act.

* * * * *

3. Section 199.4 is amended by

revising paragraph (g)(48) to read as

follows:

§ 199.4 Basic program benefits.

* * * * *

(g) * * *

(48) Prosthetic devices. Prostheses,

except artificial limbs, voice prostheses

and eyes, or if an item is inserted

surgically in the body as an integral part

of a surgical procedure. All dental

prostheses are excluded, except for

those specifically required in

connection with otherwise covered

orthodontia directly related to the

surgical correction of a cleft palate

anomaly.

* * * * *

4. Section 199.8 is amended by

revising paragraphs (b)(3)(iii), (b)(3)(iv)

and by adding paragraph (b)(3)(v) as

follows:

§ 199.8 Double coverage.

* * * * *

(b) * * *

(3) * * *

(iii) Entitlement to receive care from

Uniformed Services medical care

facilities;

(iv) Certain Federal Government

programs, as prescribed by the Director,

OCHAMPUS, that are designed to

provide benefits to a distinct beneficiary

population and for which entitlement

does not derive from either premium

payment of monetary contribution (for

example, the Indian Health Service); or

(v) State Victims of Crime

Compensation Programs.

* * * * *

Dated: October 10, 1997.

L.M. Bynum,

Alternate OSD Federal Register Liaison

Officer, Department of Defense.

[FR Doc. 97–27641 Filed 10–17–97; 8:45 am]

BILLING CODE 5000–04–M

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD01–97–018]

RIN 2115–AE47

Drawbridge Operation Regulations;

Bronx River, NY

AGENCY: Coast Guard, DOT.

ACTION: Final rule.

SUMMARY: The Coast Guard is changing

the regulations governing the Bruckner

Boulevard Bridge, over the Bronx River

in the Bronx, New York. In addition, the

location of the bridge in this section will

be more clearly identified and

redundant language regarding openings

for public vessels and vessels in distress

is removed. The owner of the bridge has

requested that a 4 hours notice for

openings be provided, except between 7

a.m. and 9 a.m. and 4 p.m. and 6 p.m.,

Monday through Friday, when the

bridge need not open for the passage of

vessels. This change is expected to

provide for the needs of navigation and

relieve the bridge owner of the burden

of crewing the bridge at all times.

DATES: This final rule is effective

November 19, 1997.

FOR FURTHER INFORMATION CONTACT: Mr.

J. Arca, project officer, First Coast Guard

District, Bridge Branch at the Battery

Park Bldg., New York, New York 10004.

The telephone number is (212) 668–

7069.

SUPPLEMENTARY INFORMATION:

Regulatory History

On April 30, 1997, the Coast Guard

published a notice of proposed

rulemaking entitled ‘‘Drawbridge

Operation Regulations; Bronx River,

New York’’ in the Federal Register (62

FR 23410). The Coast Guard received

two comments on the notice of

proposed rulemaking. No public hearing

was requested, and one was not held.

Background and Purpose

The Bruckner Boulevard Bridge, at

mile 1.1, over the Bronx River in the

Bronx, New York, has vertical

clearances of 27′ above mean high water

(MHW) and 34′ above mean low water

(MLW) in the closed position. The