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
66996 Federal Register / Vol. 62, No. 246 / Tuesday, December 23, 1997 / Rules and Regulations

before the scheduled start of the event

until thirty minutes after the last

firework is exploded for each event

listed in the table below in

SUPPLEMENTARY INFORMATION. The events

are listed chronologically by month

with their corresponding number listed

in the special local regulation, 33 CFR

100.114.

ADDRESSES: Comments should be

mailed to Commander (osr), First Coast

Guard District, Captain John Foster

Williams Federal Building, 408 Atlantic

Ave., Boston, MA 02110–3350, or may

be hand delivered to Room 734 at the

same address, between 8 a.m. and 4

p.m., Monday through Friday, except

federal holidays. Comments will

become part of this docket and will be

available for inspection or copying at

the above address.

FOR FURTHER INFORMATION CONTACT:

Lieutenant Commander Guy A.

McArdle, Office of Search and Rescue

branch, First Coast Guard District at

(617) 223–8460.

SUPPLEMENTARY INFORMATION: This

document implements the special local

regulations in 33 CFR 100.114 (62 FR

30988; June 6, 1997). All vessels are

prohibited from entering a 500 yard

radius of navigable water surrounding

the launch platform used in each

fireworks display listed below.

Table 1—Fireworks Displays

December

1. First Night Fireworks

Date: December 31, 1997.

Time: 12:00 a.m. (midnight) to 12:15

a.m.

Location: Off Waterfront Park,

between Commercial and Long Wharf’s.

Lat: 42°21.7N, Long: 071°02.8′′W

(NAD 1983).

2. First Night Martha’s Vineyard

Date: December 31, 1997.

Time: 9:30 p.m. to 11:00 p.m.

Location: Vineyard Haven Harbor.

Lat: 41–27N, Long: 070–35W (NAD

1983).

4. City of New Bedford First Night

Date: December 31, 1997.

Time: 12:00 a.m. (midnight) to 12: 30

a.m.

Location: New Bedford Harbor,

vicinity of state pier.

Lat: 41–38N, Long: 070–55W (NAD

1983).

Dated: December 2, 1997.

R.M. Larrabee,

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

First Coast Guard District.

[FR Doc. 97–33464 Filed 12–22–97; 8:45 am]

BILLING CODE 4910–14–M

POSTAL SERVICE

39 CFR Part 255

Access of Handicapped Persons to

Postal Services, Programs, Facilities,

and Employment

AGENCY: Postal Service.

ACTION: Final rule.

SUMMARY: The purpose of these changes

is to clarify Postal Service regulations

concerning the filing and processing of

complaints of discrimination by

handicapped persons in obtaining

access to postal programs and services.

References to Postal Service offices and

publications have also been updated.

EFFECTIVE DATE: December 23, 1997.

FOR FURTHER INFORMATION CONTACT:

Rodger Carter, Coordinator, ABC

Program, Facilities HQ, 4301 Wilson

Blvd., Suite 300, Arlington VA 22203–

1861; telephone (703) 526–2867.

SUPPLEMENTARY INFORMATION: The Postal

Service is amending its regulations in

order to clarify procedures to ensure, in

accordance with Section 504 of the

Rehabilitation Act of 1973, 29 U.S.C.

701 et seq., that its programs and

services are provided in a nondiscriminatory fashion to handicapped

persons. All changes are designed to

make the regulations easier for both

postal customers and employees to

understand and follow.

The Postal Service has not previously

amended its Part 255 regulations.

References to particular postal offices

and publications, may of which were no

longer in existence or had been

restructured, have been revised. Certain

other provisions were revised or deleted

because they were redundant, such as

repetitive provisions concerning

responding to a complaint, or were

duplicative of other postal regulations.

For instance, Part 255 had contained

postal regulations implementing the

Rehabilitation Act in Sections 255.1 and

255.2, and also a few provisions

concerning the Architectural Barriers

Act (ABA) of 1968, 42 U.S.C. 4151 et

seq., in Section 255.3. Since ABA

requirements and compliance are set

forth comprehensively in other

regulations, see e.g. 49 FR 31528

(August 7, 1984) and Postal Service

handbook RE–4, Standards for Facility

Accessibility by the Physically

Handicapped, they have been removed

from Part 255. Similarly, provisions

have been deleted that relate to actions

taken for employees in accordance with

procedures under Section 501 of the

Rehabilitation Act.

Accordingly, part 255 now contains

postal regulations that implement

Section 504 of the Rehabilitation Act

only, which regulations are set forth in

a clearer and more comprehensive

fashion. Part 255.1 sets forth procedural

provisions, including how to file a

complaint and time-frames for

responses by postal officials. Corrective

actions that may be appropriate are

described in Parts 255.2 and 255.3,

which concern special service

arrangements and discretionary retrofits

to facilities, respectively. Part 255.4,

which relates to internal agency

procedures and levels of authority,

remains unchanged.

The Postal Service expects that these

amendments will make its

Rehabilitation Act procedures easier to

use, so that the agency can provide

timely and appropriate responses to

requests and complaints thereunder.

List of Subjects in 39 CFR Part 255

Administrative practice and

procedure, Individuals with disabilities.

Accordingly, for the reasons set forth

in the preamble, 39 CFR Part 255 is

amended as follows;

PART 225—[AMENDED]

1. The authority citation for Part 255

continues to read as follows:

Authority: 39 U.S.C. 101, 401, 403, 1001,

1003, 3403, 3404; 29 U.S.C. 791, 794.

2. Section 255.1(c)(1) is amended by

revising the first sentence to read as

follows: ‘‘Handicapped customers who

believe that they have been

discriminated against in the provision of

postal services or programs should file

a written complaint with their local

postmasters or other local postal official

responsible for such services or

programs.’’

3. Section 255.1(c)(2) is removed, and

paragraphs (c)(3) through (6) are

redesignated as paragraphs (c)(2)

through (5), respectively.

4. In § 255.1, newly redesignated

paragraph (c)(2) is revised to read as

follows:

§ 255.1 Discrimination against

handicapped person prohibited.

* * * * *

(c) * * *

(2) Resolution. A local official

receiving a complaint by a handicapped

customer about access to postal

programs and services must process it in

accordance with this part. The official

should review the complaint, and

consult with the district office as

needed, to determine if corrective action

is necessary. Corrective action can

include a special arrangement for postal

services under § 255.2, or a

discretionary retrofit to the facility