66992 Federal Register / Vol. 62, No. 246 / Tuesday, December 23, 1997 / Rules and Regulations

Dated: December 15, 1997.

L.M. Bynum,

Alternate OSD Federal Register Liaison

Officer, Department of Defense.

[FR Doc. 97–33108 Filed 12–22–97; 8:45 am]

BILLING CODE 5000–04–M

DEPARTMENT OF DEFENSE

Office of the Secretary

32 CFR 199

[DoD 6010.8–R]

RIN 0720–AA44

Civilian Health and Medical Program of

the Uniformed Services (CHAMPUS);

TRICARE Retiree Dental Program

(TRDP)

AGENCY: Office of the Secretary, DoD.

ACTION: Final rule.

SUMMARY: This final rule establishes the

TRICARE Retiree Dental Program

(TRDP), a premium based indemnity

dental insurance coverage program, that

will be available to retired members of

the Uniformed Services, their

dependents, and certain other

beneficiaries.

EFFECTIVE DATE: This final rule is

effective January 22, 1998.

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:

I. Overview of the Final Rule

Implementation of the TRICARE

Retiree Dental Program (TRDP) was

directed by Congress in section 703 of

the National Defense Authorization Act

for Fiscal Year 1997, Pub. L. 104–201,

which amended title 10, United States

Code, by adding section 1076c. This

final rule also incorporates the minor

changes in the National Defense

Authorization Act for Fiscal Year 1998

which expand eligibility to retirees of

the Public Health Service and the

National Oceanic and Atmospheric

Administration, and active duty

survivors and their dependents. The law

directs the implementation of a dental

program for: (1) Members of the

Uniformed Services who are entitled to

retired pay, (2) Members of the Retired

Reserve under the age of 60, (3) Eligible

dependents of (1) or (2) who are covered

by the enrollment of the member, and

(4) The unremarried surviving spouse

and eligible child dependents of a

deceased member who died while in

status described in (1) or (2); the

unremarried surviving spouse and

eligible child dependents who receive a

surviving spouse annuity; or the

unremarried surviving spouse and

eligible child dependents of a deceased

member who died while on active duty

for a period of more than 30 days and

whose eligible dependents are not

eligible or no longer eligible for the

Active Duty Dependents Dental Plan.

Included in the program are the 50

United States and the District of

Columbia, Canada, Puerto Rico, Guam,

American Samoa, the Commonwealth of

the Northern Mariana Islands, and the

U.S. Virgin Islands. The final rule

expands the coverage of the program to

include all U.S. Territories. Enrollment

in the program is voluntary and

members enrolled in the dental plan

will be responsible for paying the full

cost of the premiums. Under the final

rule, the initial enrollment period has

been extended from 12 months to 24

months (similar to the Active Duty

Dependents Dental Program) in order to

reduce the risk of adverse selection. The

premium payment may be collected

pursuant to procedures established by

the Assistant Secretary of Defense

(Health Affairs). Dental coverage under

the TRDP will provide basic dental care,

to include diagnostic services,

preventive services, basic restorative

services (including endodontics),

surgical services, and emergency oral

examinations. Minor administrative

changes have been made in the plan

benefits section in order to correct

outdated codes and to include codes

that were inadvertently excluded from

the list.

Under this rule, where possible,

members entitled to retired pay and

eligible family members and their

dependents may make use of

participating dental providers in their

areas and may benefit from reduced outof-pocket and provider submission of

claims and acceptance of contractor

allowances and arrangements. Enrollees

using non-network providers may be

balance billed amounts in excess of

allowable charges. Under the final rule,

the maximum payment allowable by the

TRDP (minus the appropriate costshare) will be the lesser of the billed

charges or the Usual, Customary and

Reasonable rates, in which the

customary rate is calculated at the 50th

percentile of billed charges in that

geographic area, as measured in an

undiscounted charge profile in 1995 or

later for that geographic area (as defined

by three-digit zip code). TRDP eligibles

will obtain information concerning the

program and the application process

from the contractor.

This final rule adopts the statutory

preemption authority of 10 U.S.C.,

section 1103. This statute broadly

authorizes preemption of state laws in

connection with DoD contracts for

medical and dental care. The Assistant

Secretary of Defense (Health Affairs) has

made the judgment that preemption is

necessary and appropriate to assure the

operation of a consistent, effective, and

efficient federal program. Absent

preemption of certain State and local

laws on insurance regulation and other

matters, competition would be severely

limited and the process substantially

delayed. The final rule incorporates

language to clarify that the preemption

of State laws section includes

preemption of State and local laws

imposing premium taxes on health or

dental insurance carriers or

underwriters or other plan managers, or

similar taxes on such entities.

II. Public Comments

The proposed rule was published on

June 24, 1997 (62 FR 34032–34035). 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. Benefits: We received a comment

that an error exists in the description of

procedure code 00120, 00140, and

00150.

Response: We appreciate the

comment and we have replaced

‘‘examination’’ with ‘‘evaluation’’ in the

description of the procedure codes

00120, 00140, and 00150.

2. Benefits: The commenter pointed

out an oversight in that two procedures,

Amalgam-one surface, permanent

(02140) and Amalgam (two-surface),

permanent (02150) were not included in

the benefits of the program.

Response: We concur with the

comment and procedures codes 02140

and 02150 have been added under the

restorative benefits under the program.

3. Benefits: Another comment we

received pointed out that several

periodontic (04261, 04262, 04268) codes

are outdated and have been changed.

Response: We appreciate the

comment. These periodontic codes have

been changed in the final rule as

follows: code 04261 has been replaced

by Bone replacement graft-first site in

quadrant (04263); code 04262 has been

replaced by Bone replacement-each

additional site in quadrant; code 04268

has been replaced by Guided tissue

regeneration-resorbable barrier, per site,

per tooth (04266) and Guided tissue
Federal Register / Vol. 62, No. 246 / Tuesday, December 23, 1997 / Rules and Regulations 66993

regeneration-nonresorbable barrier, per

site, per tooth (includes membrane

removal) (04267).

4. Benefits: We received a comment

that the benefits need to be expanded to

include prosthetic services.

Response: Under the law, 10 U.S.C.

1076c, the TRICARE Retiree Dental

Program shall provide benefits for basic

dental care and treatment, including

diagnostic services, preventive services,

basic restorative services (including

endodontics), surgical services, and

emergency services; prosthetic services

are not included.

5. Maximum Annual Cap: The

commenter expressed concern about the

$1,000 maximum annual cap and

recommended a higher annual

maximum benefit.

Response: As the government does

not share in the cost of the premium, the

maximum annual cap is necessary to

ensure that the monthly premium is a

reasonable/affordable amount for the

enrollee. It is important to note that the

maximum annual cap does not apply to

all of the diagnostic services and some

of the preventive services covered under

the program.

6. Benefit Payment: The commenter

pointed out a mistake in the Benefit

payment section. The section states,

‘‘For enrollees who do not use these

network providers, however, providers

shall not balance bill any amount in

excess of the maximum payment

allowable by the TRDP.’’

Response: The commenter is correct

and the sentence has been corrected to

state, ‘‘For enrollees who do use these

network providers, however, providers

shall not balance bill any amount in

excess of the maximum payment

allowable by the TRDP.’’

7. Balance Billing: A commenter

asked if balance billing is limited to

115% of the CHAMPUS allowable

charge for a service.

Response: As this is not a CHAMPUS

program, DoD’s statutory authority to

limit balance billing to 115% of the

CHAMPUS allowable charge does not

apply. Non-network providers are not

limited in the amount they may balance

bill an enrollee.

III. Rulemaking Procedures

Executive Order 12866 requires

certain regulatory assessments for any

‘‘significant regulatory action,’’ defined

as one which would result in an annual

effect on the economy of $100 million

or more, or 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 will impose additional

information collection requirements on

the public, associated with beneficiary

enrollment, under the Paperwork

Reduction Act of 1995. OMB approval

number 0720–0015 pending a

development of a contractor-designed

enrollment form which has now been

accomplished. The form will be

submitted to OMB concurrently with

publication of this notice. The

collection instrument serves as an

application form for military members

entitled to retired pay and eligible

dependents to enroll in the TRICARE

Retiree Dental Program. The application

will allow the Department of Defense to

identify enrollment applicants, evaluate

their eligibility for the enrollment, and

determine other health insurance

coverage which an applicant may have.

Affected Public: Eligible family

members and their dependents.

Annual Burden Hours: 71,640.

Number of Respondents: 286,570.

Responses per Respondent: 1.

Average Burden per Response: 15

minutes.

Frequency: Once, at time of initial

application.

Respondents are retirees of the

Uniformed Services entitled to retired

pay and eligible family members and

their dependents who are seeking

enrollment in the TRICARE Retiree

Dental Program. The enrollment

application will allow the Department

to collect the information necessary to

properly identify the program’s

applicants and to determine their

eligibility for enrollment in the

TRICARE Retiree Dental Program. In

completing and signing a TRICARE

Retiree Dental Program enrollment form,

applicants will acknowledge that they

understand the benefits offered under

the program and the rules they must

follow to continue their participation in

the program. Further, applicants will

acknowledge that the premium will be

withheld from retired pay when such

pay is available. Initial enrollment will

be for a period of 24 months followed

by month-to-month enrollment as long

as the enrollee chooses to continue

enrollment.

List of Subjects in 32 CFR Part 199

Claims, Health insurance, Individuals

with disabilities, Military personnel,

Reporting and recordkeeping

requirements.

Accordingly, 32 CFR part 199

amended as follows:

PART 199—[AMENDED]

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. Part 199 is amended by adding

§ 199.22 to read as follows:

§ 199.22 TRICARE Retiree Dental Program

(TRDP).

(a) Purpose. The TRDP is a premium

based indemnity dental insurance

coverage program that will be available

to retired members of the Uniformed

Services, their dependents, and certain

other beneficiaries, as specified in

paragraph (d) of this section. The TRDP

is authorized by 10 U.S.C. 1076c.

(b) General provisions. (1) Benefits are

limited to diagnostic services,

preventive services, basic restorative

services (including endodontics),

surgical services, and emergency oral

examinations, as specified in paragraph

(f) of this section.

(2) Premium costs for this coverage

will be paid by the enrollee.

(3) The program is applicable to

authorized providers in the 50 United

States and the District of Columbia,

Canada, Puerto Rico, Guam, American

Samoa, the Commonwealth of the

Northern Mariana Islands, and the U.S.

Virgin Islands.

(4) Except as otherwise provided in

this section or by the Assistant Secretary

of Defense (Human Affairs) or designee,

the TRDP is administered in a manner

similar to the Active Duty Dependents

Dental Plan under § 199.13 of this part.

(5) The TRDP shall be administered

through a contract.

(c) Definitions. Except as may be

specifically provided in this section, to

the extent terms defined in §§ 199.2 and

199.13(b) of this part are relevant to the

administration of the TRICARE Retiree

Dental Program, the definitions

contained in §§ 199.2 and 199.13(b) of

this part shall apply to the TRDP as they

do to CHAMPUS and the TRICARE

Active Duty Dependents Dental Plan.

(d) Eligibility and enrollment.—(1)

Eligibility. Enrollment in the TRICARE

Retiree Dental Program is open to:

(i) Members of the Uniformed

Services who are entitled to retired pay;

(ii) Members of the Retired Reserve

under the age of 60;

(iii) Eligible dependents of paragraph

(d)(1)(i) or paragraph (d)(1)(ii) of this

section who are covered by the

enrollment of the member; and

(iv) The unremarried surviving spouse

and eligible child dependents of a

deceased member who died while in

status described in paragraph (d)(1)(i) or

paragraph (d)(1)(ii) of this section; the
66994 Federal Register / Vol. 62, No. 246 / Tuesday, December 23, 1997 / Rules and Regulations

unremarried surviving spouse and

eligible child dependents who receive a

surviving spouse annuity; or the

unremarried surviving spouse and

eligible child dependents of a deceased

member who died while on active duty

for a period of more than 30 days and

whose eligible dependents are not

eligible or no longer eligible for the

Active Duty Dependents Dental Plan.

(2) Notification of eligibility. The

contractor will notify persons eligible to

receive dental benefits under the

TRICARE Retiree Dental Program.

(3) Election of coverage. Following

this notification, interested members

entitled to retired pay and eligible

family members and their dependents

may elect to enroll. In order to obtain

dental coverage, written election by the

eligible beneficiary must be made.

(4) Enrollment. Enrollment in the

TRICARE Retiree Dental Program is

voluntary and will be accomplished by

submission of an application to the

TRDP contractor. Initial enrollment

shall be for a period of 24 months

followed by month-to-month enrollment

as long as the enrollee chooses to

continue enrollment.

(5) Period of coverage. TRICARE

Retiree Dental Program coverage is

terminated when the member’s

entitlement to retired pay is terminated,

the member’s status as a member of the

Retired Reserve is terminated, a

dependent child loses eligible child

dependent status, or in the case of

remarriage of the surviving spouse.

(6) Continuation of dependents’

enrollment upon death of enrollee.

Coverage of a dependent in the TRDP

under an enrollment of a member or

surviving spouse who dies during the

period of enrollment shall continue

until the end of that period and may be

renewed by (or for) the dependent, so

long as the premium paid is sufficient

to cover continuation of the dependent’s

enrollment. Coverage may be terminated

when the premiums paid are no longer

sufficient to cover continuation of the

enrollment.

(e) Premium payments. Persons

enrolled in the dental plan will be

responsible for paying the full cost of

the premiums in order to obtain the

dental insurance.

(1) Premium payment method. The

premium payment may be collected

pursuant to procedures established by

the Assistant Secretary of Defense

(Health Affairs) or designee.

(2) Effects of failure to make premium

payments. Failure to make monthly

renewal premium payments will result

in the enrollee’s disenrollment from the

TRDP and subject to a lock-out period

of 12 months. Following this period of

time, persons eligible will be able to

reenroll if they so choose.

(3) Member’s payment of premiums.

The cost of the TRDP monthly premium

will be paid by the enrollee. Interested

beneficiaries may contact the dental

contractor-insurer to obtain the enrollee

premium cost.

(f) Plan benefits. (1) The TRDP will

provide basic dental care, to include

diagnostic services, preventive services,

basic restorative services (including

endodontics), surgical services, and

emergency oral examinations. The

following is the TRDP covered dental

benefit (using the American Dental

Association, The Council on Dental Care

Program’s Code On Dental Procedures

and Nomenclature):

(i) Diagnostic Periodic oral evaluation

(00120); Comprehensive oral evaluation

(limited to one exam per year in the

same dental office) (00150), Intraoralcomplete series (including bitewings)

(00210); Intraoral-periapical-first film

(00220); Intraoral-periapical-each

additional film (00230); Intraoralocclusal film (00240); Bitewings-single

film (00270); Bitewings-two films

(00272); Bitewings-four films (00274);

Panoramic film (00330); Caries

susceptibility tests, by report (00425);

Pulp vitality tests (00460).

(ii) Preventive: Prophaylaxis-adult

(limit-once per year) (01110);

Prophylaxis-child (01120); Topical

application of fluoride (excluding

prophylaxis)-child (01203); Topical

application of fluoride (excluding

prophylaxis)-adult, by report, once per

year (01204); Sealant-per tooth (01351);

Space maintainer-fixed-unilateral

(01510); Space maintainer-fixedbilateral (01515); Space maintainerremovable-unilateral (01520); Space

maintainer-removable-bilateral (01525);

Recementation of space maintainer

(01550).

(iii) Restorative: Amalgam-one

surface, primary (02110); Amalgam-two

surfaces, primary (02120); Amalgamthree surfaces, primary (02130);

Amalgam-four or more surfaces, primary

(02131); Amalgam-one surface,

permanent (02140); Amalgam-two

surfaces, permanent (02150); Amalgamthree surfaces, permanent (02160);

Amalgam-four or more surfaces,

permanent (02161); Resin-one surface,

anterior (02330); Resin-two surfaces,

anterior (02331); Resin-three surfaces,

anterior (02332); Resin-four or more

surfaces or involving incisal angle

(anterior) (02335); Recement inlay

(02910); Recement crown (02920);

Prefabricated stainless steel crownprimary tooth (02930); Prefabricated

stainless crown-permanent tooth

(02931); Prefabricated resin crown

(02932); Prefabricated stainless steel

crown with resin window (02933); Pin

retention-per tooth, in addition to

restoration (02951); Temporary crown

(fractured tooth) (02970).

(iv) Endodontic: Pulp cap-indirect

(excluding final restoration) (03120);

Therapeutic pulpotomy (excluding final

restoration) (03220); Pulpal therapy

(resorbable filling)-anterior, primary

tooth (excluded final restoration)

(03230); Pulpal therapy (resorbable

filling)-posterior, primary tooth

(excluded final restoration) (03240);

Anterior root canal (excluding final

restoration) (03310); Bicuspid root canal

(excluding final restoration) (03320);

Molar root canal (excluding final

restoration) (03330); Retreatmentanterior, by report (03346); Retreatmentbicuspid, by report (03347);

Retreatment-molar, by report (03348);

Apexification/recalcification-initial visit

(apical closure/calcific repair of

perforations, root resorption, etc.)

(03351); Apexification/recalcificationinterim medication replacement (apical

closure/calcific repair of perforations,

root resorption, etc.) (03352);

Apexification/recalcification-final visit

(includes completed root canal therapyapical closure/calcific repair of

perforations, root resorption, etc.)

(03353); Apicoectomy/Periradicular

surgery-anterior (03410); Apicoectomy/

Periradicular surgery-bicuspid (first

root) (03421); Apicoectomy/

Periradicular surgery-molar (first root)

(03425); Apicoectomy/Periradicular

surgery (each additional root) (03426);

Retrograde filling-per root (03430); Root

amputation-per root (03450);

Hemisection (including any root

removal), not including root canal

therapy (03920).

(v) Periodontic: Gingivectomy or

gingivoplasty-per quadrant (04210);

Gingivectomy or gingivoplasty-per tooth

(04211); Gingival curettage, surgical, per

quadrant, by report (04220); Gingival

flap procedure, including root planingper quadrant (04240); Mucogingival

surgery-per quadrant (04250); Osseous

surgery (including flap entry and

closure)-per quadrant (04260); Bone

replacement graft-single site (including

flap entry and closure) (04263); Bone

replacement graft-multiple sites

(including flap entry and closure)

(04264); Guided tissue regeneration—

resorbable barrier (04266); Guided tissue

regeneration—nonresorbable barrier

(04267); Pedicle soft tissue graft

procedure (04270); Free soft tissue graft

procedure (including donor site)

(04271); Periodontal scaling and root

planing-per quadrant (04341);

Periodontal maintenance procedures

(following active therapy) (04910);
Federal Register / Vol. 62, No. 246 / Tuesday, December 23, 1997 / Rules and Regulations 66995

Unscheduled dressing change (by

someone other than treating dentist)

(04920).

(vi) Oral Surgery: Single tooth

(07110); Each additional tooth (07120);

Root removal-exposed roots (07130)

Surgical removal or erupted tooth

requiring elevation of mucoperiosteal

flap and removal of bone and/or section

of tooth (07210); Removal of impacted

tooth-soft tissue (07220); Removal of

impacted tooth-partially bony (07230);

Removal of impacted tooth-completely

bony (07240); Surgical removal of

residual tooth roots (cutting procudure)

(07250); Oral antral fistula closure

(07260); Tooth reimplantation and/or

stabilization of accidentially evulsed or

displaced tooth and/or alveolus (07270);

Surgical exposure of impacted or

unerupted tooth to aid eruption (07281);

Biopsy of oral tissue-hard (07285);

Biopsy of oral tissue-soft (07286);

Surgical repositioning of teeth (074290);

Alveoloplasty in conjunction with

extractions-per quadrant (07310); Suture

of recent small wounds up to 5 cm

(07910); Complicated suture-up to 5 cm

(07911); Complicated suture-greater

than 5 cm (07912); Excision of

pericoronal gingiva (07971).

(vii) Emergency: Limited oral

evaluation—problem focused (00140);

Palliative (emergency) treatment of

dental pain-minor procedures (09110).

(viii) Drugs: Therapeutic drug

injection, by report (09610); Other drugs

and/or medications, by report (09630).

(ix) Postsurgical: Treatment of

complications (post-surgical) unusual

circumstances, by report (09930).

(2) Codes listed in paragraph (f)(1) of

this section may be modified by the

Director, OCHAMPUS, to the extent

determined appropriate based on

developments in common dental care

practices and standard dental insurance

programs.

(g) Maximum annual cap. TRDP

enrollees will be subject to a maximum

cap of $1,000.00 of paid allowable

charges per enrollee per year.

(h) Annual notification of rates. TRDP

premiums will be determined as part of

the competitive contracting process.

Information on the premium rates will

be widely distributed.

(i) Authorized providers. The TRDP

enrollee may seek covered services from

any provider who is fully licensed and

approved to provide dental care in the

state where the provider is located.

(j) Benefit payment. Enrollees are not

required to utilize the special network

of dental providers established by the

TRDP contractor. For enrollees who do

use these network providers, however,

providers shall not balance bill any

amount in excess of the maximum

payment allowable by the TRDP.

Enrollees using non-network providers

may balance billed amounts in excess of

allowable charges. The maximum

payment allowable by the TRDP (minus

the appropriate cost-share) will be the

lesser of:

(1) Billed charges; or

(2) Usual, Customary and Reasonable

rates, in which the customary rate is

calculated at the 50th percentile of

billed charges in that geographic area, as

measured in an undiscounted charge

profile in 1995 or later for that

geographic area (as defined by threedigit zip code).

(k) Appeal and hearing procedures.

All levels of appeals and grievances

established by the Contractor for

internal review shall be exhausted prior

to forwarding to OCHAMPUS for a final

review. Procedures comparable to those

established under § 199.13(h) of this

part shall apply.

(l) Preemption of State laws. (1)

Pursuant to 10 U.S.C. 1103, the

Department of Defense has determined

that in the administration of chapter 55

of title 10, U.S. Code, preemption of

State and local laws relating to health

insurance, prepaid health plans, or

other health care delivery or financing

methods is necessary to achieve

important Federal interests, including

but not limited to the assurance of

uniform national health programs for

military families and the operation of

such programs at the lowest possible

cost to the Department of Defense, that

have a direct and substantial effect on

the conduct of military affairs and

national security policy of the United

States. This determination is applicable

to the dental services contracts that

implement this section.

(2) Based on the determination set

forth in paragraph (l)(1) of this section,

any State or local law or regulation

pertaining to health or dental insurance,

prepaid health or dental plans, or other

health or dental care delivery,

administration, and financing methods

is preempted and does not apply in

connection with the TRICARE Retiree

Dental Program contract. Any such law,

or regulation pursuant to such law, is

without any force or effect, and State or

local governments have no legal

authority to enforce them in relation to

the TRICARE Retiree Dental Program

contract. (However, the Department of

Defense may, by contract, establish legal

obligations on the part of the TRICARE

Retiree Dental Program contractor to

conform with requirements similar to or

identical to requirements of State or

local laws or regulations).

(3) The preemption of State and local

laws set forth in paragraph (l)(2) of this

section includes State and local laws

imposing premium taxes on health or

dental insurance carriers or

underwriters or other plan managers, or

similar taxes on such entities. Such laws

are laws relating to health insurance,

prepaid health plans, or other health

care delivery or financing methods,

within the meaning of section 1103.

Preemption, however, does not apply to

taxes, fees, or other payments on net

income or profit realized by such

entities in the conduct of business

relating to DoD health services

contracts, if those taxes, fees or other

payments are applicable to a broad

range of business activity. For the

purposes of assessing the effect of

Federal preemption of State and local

taxes and fees in connection with DoD

health and dental services contracts,

interpretations shall be consistent with

those applicable to the Federal

Employees Health Benefits Program

under 5 U.S.C. 8909(f).

(m) Administration. The Assistant

Secretary of Defense (Health Affairs) or

designee may establish other rules and

procedures for the administration of the

TRICARE Retiree Dental Program.

Dated: December 15, 1997.

L.M. Bynum,

Alternate OSD Federal Register Liaison

Officer, Department of Defense.

[FR Doc. 97–33110 Filed 12–22–97; 8:45 am]

BILLING CODE 5000–04–M

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 100

[CGD01–97–120]

RIN 2115–AE46

Special Local Regulation: Fireworks

Displays Within the First Coast Guard

District

AGENCY: Coast Guard, DOT.

ACTION: Notice of implementation.

SUMMARY: This document provides

notice of the dates and times of the

special local regulations contained in 33

CFR 100.114, Fireworks Displays within

the First Coast Guard District. All

vessels will be restricted from entering

the area of navigable water within a 500

yard radius of the fireworks launch

platform for each event listed in the

table below. Implementation of these

regulations is necessary to control vessel

traffic within the regulated area to

ensure the safety of spectators.

EFFECTIVE DATE: The regulations in 33

CFR 100.114 are effective from one hour