Federal Register / Vol. 62, No. 66 / Monday, April 7, 1997 / Proposed Rules 16513

fee in quarterly installments, failure to

make a required installment payment on

a timely basis (including a grace period,

as determined by the Director,

OCHAMPUS) will result in termination

of the beneficiary’s enrollment in Prime

and disqualification from future

enrollment in Prime for a period of one

year.

* * * * *

4. Section 199.18 is proposed to be

amended by revising paragraphs (d)(2)(i)

and (f), and by adding paragraph (c)(3),

to read as follows:

§ 199.18 Uniform HMO benefit.

* * * * *

(c) * * *

(3) Waiver of enrollment fee for

certain beneficiaries. The Assistant

Secretary of Defense (Health Affairs)

may waive the enrollment fee

requirements of this section for

beneficiaries described in 10 U.S.C.

1086(d)(2) (i.e., those who are eligible

for Medicare on the basis of disability or

end stage renal disease and who

maintain enrollment in Part B of

Medicare).

(d) * * *

(2) * * *

(i) For most physician office visits and

other routine services, there is a per

visit fee for each of the following

groups: dependents of active duty

members in pay grades E–1 through E–

4; dependents of active duty members in

pay grades of E–5 and above; and

retirees and their dependents. This fee

applies to primary care and specialty

care visits, except as provided

elsewhere in this paragraph (d)(2) of this

section. It also applies family health

services, home health care visits, eye

examinations, and immunizations. It

does not apply to ancillary health

services or to preventive health services

described in paragraph (b)(2) of this

section.

* * * * *

(f) Limit on out-of-pocket under the

uniform HMO benefit. (1) Total out-ofpocket costs per family of dependents of

active duty members under the Uniform

HMO Benefit may not exceed $1,000

during the one-year enrollment period.

Total out-of-pocket costs per family of

retired members, dependents of retired

members and survivors under the

Uniform HMO Benefit may not exceed

$3,000 during the one-year enrollment

period. For this purpose, out-of-pocket

costs means all payments required of

beneficiaries under paragraphs (c), (d),

and (e) of this section. In any case in

which a family reaches this limit, all

remaining payments that would have

been required of the beneficiary under

paragraphs (c), (d), and (e) of this

section will be made by the program in

which the Uniform HMO Benefit is in

effect.

(2) The limits established by

paragraph (f)(1) of this section do not

apply to out-of-pocket costs incurred

pursuant to paragraphs (m)(1)(i) or

(m)(2)(i) of § 199.7 under the point-ofservice option of TRICARE Prime.

* * * * *

Dated: April 1, 1997.

L.M. Bynum,

Alternate OSD Federal Register Liaison

Officer, Department of Defense.

[FR Doc. 97–8611 Filed 4–4–97; 8:45 am]

BILLING CODE 5000–04–M

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 100

[CGD07–97–010]

RIN 2115–AE46

Special Local Regulations; Fort Myers

Beach, FL

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

SUMMARY: The Coast Guard proposes to

amend the permanent special local

regulations for the Fort Myers Beach

Offshore Grand Prix. This event,

previously scheduled to be held

annually on the first Saturday and

Sunday of June, will now be held

annually during the third Saturday and

Sunday of May, between 12 p.m. and 3

p.m. each day (Eastern Daylight Time).

These amended regulations are

necessary to provide for the safety of life

on navigable waters during the event.

DATES: Comments must be received on

or before May 1, 1997.

ADDRESSES: Comments may be mailed to

U.S. Coast Guard Group St. Petersburg,

600 8th Ave. SE., St. Petersburg, Florida

33701–5099, or may be delivered to the

Operations Department at the same

address between 8 a.m. and 4 p.m.,

Monday through Friday, except federal

holidays. The telephone number is (813)

824–7533. Comments will become a part

of the public docket and will be

available for copying and inspection at

the same address.

FOR FURTHER INFORMATION CONTACT:

LTJG T.J. Stuhlreyer, Coast Guard Group

St. Petersburg, FL at (813) 824–7533.

SUPPLEMENTARY INFORMATION:

Background and Purpose

The proposed regulations are needed

to provide for the safety of life during

the Fort Myers Beach Offshore Grand

Prix because of the permanent change in

the date of the event. The event was

previously held on the first Saturday

and Sunday in June, but will now be

held from 12 p.m. EDT to 3 p.m. EDT

each day on the third Saturday and

Sunday in May. There will be

approximately 170 participants and

spectator craft associated with the event,

which will be held off Fort Myers Beach

between Matanzas Pass and Big Carlos

Pass. The resulting congestion of

navigable channels on the third

weekend in May, vice the first weekend

in June, creates an extra or unusual

hazard in the navigable waters.

Request for Comments

The Coast Guard encourages

interested persons to participate in this

rulemaking by submitting written views,

data, or arguments. Persons submitting

comments should include their names,

addresses, identify the notice (CGD07–

97–010) and the specific section of this

proposal to which their comments

apply, and give reasons for each

comment. The Coast Guard will

consider all comments received during

the comment period. The regulations

may be changed in view of the

comments received. All comments

received before the expiration of the

comment period will be considered

before final action is taken on this

proposal.

No public hearing is planned, but one

may be held if the written requests for

a hearing are received, and it is

determined that the opportunity to

make oral presentations will add to the

rulemaking process. Please submit two

copies of all comments and attachments

in an unbound format, no larger than

81⁄2 by 11 inches, suitable for copying

and electronic filing. Persons wanting

acknowledgement of receipt should

include stamped, self-addressed post

cards or envelopes.

Regulatory Evaluation

This proposal is not a significant

regulatory action under Section 3(f) of

the Executive Order 12866 and does not

require an assessment of the potential

costs 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 proposed rule

to be so minimal that a full Regulatory

Evaluation under paragraph 10e of the

regulatory policies and procedures of
16514 Federal Register / Vol. 62, No. 66 / Monday, April 7, 1997 / Proposed Rules

DOT is unnecessary. The proposed

amended regulation would remain in

effect for only 4 hours each day for two

days.

Small Entities

Under the Regulatory Flexibility Act

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

must consider whether this proposal

will have a significant economic impact

on a substantial number of small

entities. ‘‘Small entities’’ include

independently owned and operated

small businesses that are not dominant

in their field and that otherwise qualify

as ‘‘small business concerns’’ under

Section 3 of the Small Business Act (15

U.S.C. 632).

For reasons set forth in the above

Regulatory Evaluation, the Coast Guard

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

proposal, if adopted, would not have a

significant economic impact on a

substantial number of small entities.

Collection of Information

These proposed regulations contain

no collection of information

requirements under the Paperwork

Reduction Act (44 U.S.C. 3501 et seq.).

Federalism

This action has been analyzed in

accordance with the principles and

criteria contained in Executive Order

12612, and it has been determined that

the rulemaking does not have sufficient

Federalism implications to warrant the

preparation of a Federalism Assessment.

Environmental Assessment

The Coast Guard has considered the

environmental impact of this action and

has determined pursuant to section

2.B.2.e.(34)(h) of Commandant

Instruction M16475.1B, that this action

is categorically excluded from further

environmental documentation.

List of Subjects in 33 CFR Part 100

Regattas and marine parades.

Proposed Regulations

In consideration of the foregoing, Part

100 of Title 33, Code of Federal

Regulations, the Coast Guard proposes

to be amended as follows:

1. The authority citation for Part 100

continues to read as follows:

Authority: 33 U.S.C. 1233; 49 CFR 1.46.

2. In section 100.717, paragraph (c) is

revised to read as follows:

§ 100.717 Special Local Regulations; Fort

Myers Beach, FL.

* * * * *

(c) Effective Dates: This section is

effective each day from 11 a.m. through

3 p.m. EDT annually during the third

Saturday and Sunday of May.

Dated: March 27, 1997.

J.W. Lockwood,

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

Seventh Coast Guard District.

[FR Doc. 97–8744 Filed 4–4–97; 8:45 am]

BILLING CODE 4910–14–M

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR PART 101

[CC Docket No. 92–297; FCC 97–82]

Use of the 28 GHz and 31 GHz Bands

for Local Multipoint Distribution

Service

AGENCY: Federal Communications

Commission.

ACTION: Notice of proposed rulemaking.

SUMMARY: The Commission adopts a

Second Report and Order, Order on

Reconsideration and Fifth Notice of

Proposed Rulemaking regarding the use

of the 28 GHz and 31 GHz Bands for

Local Multipoint Distribution Service

(LMDS). The Second Report and Order

designates an additional 300 megahertz

of spectrum in the 31 GHz band to

LMDS and adopts service and

competitive bidding rules for LMDS.

The Order on Reconsideration denies

petitions for reconsideration of the

Commission’s dismissal of applications

for waiver of the Commission’s point-topoint rules governing the 28 GHz band.

These portions of the decision will be

summarized in a future edition of the

Federal Register. The Fifth Notice of

Proposed Rulemaking (Fifth NPRM)

seeks comment on specific rules to be

applied for the partitioning and

disaggregation of LMDS licenses. This

action is taken to establish a record from

which to consider procedural,

administrative and operational rules for

partitioning and disaggregating LMDS

licenses and to reach an ultimate

decision. This Fifth NPRM contains new

information collections subject to the

Paperwork Reduction Act of 1995

(PRA). It will be submitted to the Office

of Management and Budget (OMB) for

review under the PRA. The general

public is invited to comment on the

proposed information collections

contained in this proceeding.

DATES: Comments are due on or before

April 21, 1997, and reply comments are

due on or before May 6, 1997. Written

comments by the public on the

proposed information collections are

due by April 21, 1997.

ADDRESSES: Secretary, Federal

Communications Commission,

Washington, DC 20554. In addition to

filing comments with the Secretary, a

copy of any comments on the

information collections contained

herein should be submitted to Dorothy

Conway, Federal Communications

Commission, Room 234, 1919 M Street,

NW., Washington, DC 20554, or via the

Internet to dconway@fcc.gov.

FOR FURTHER INFORMATION CONTACT:

Bob James, Private Wireless Division,

(202) 418–0680, Mark Bollinger or Jay

Whaley, Auctions Division, (202) 418–

0660, or Joe Levin or Jane Phillips,

Policy Division, (202) 418–1310. For

additional information concerning the

information collections contained in

this Fifth NPRM, contact Dorothy

Conway at 202–418–0217, or via the

Internet at dconway@fcc.gov.

SUPPLEMENTARY INFORMATION: This is a

synopsis of the Fifth NPRM segment of

the Second Report and Order, Order on

Reconsideration and Fifth Notice of

Proposed Rulemaking in CC Docket No.

92–297, FCC 97–82, adopted March 11,

1997, and released March 13, 1997. The

Second Report and Order portion of this

decision will be summarized in a future

edition of the Federal Register. The

complete text of this decision is

available for inspection and copying

during normal business hours in the

FCC Reference Center (Room 239), 1919

M Street, NW., Washington, DC, and

also may be purchased from the

Commission’s copy contractor,

International Transcription Service,

(202) 857–3800, 2100 M Street, NW.,

Suite 140, Washington, DC 20037.

Paperwork Reduction Act

1. This Fifth NPRM contains a

proposed information collection. The

Commission, as part of its continuing

effort to reduce paperwork burdens,

invites the general public to comment

on the information collections

contained in this Fifth NPRM, as

required by the Paperwork Reduction

Act of 1995, Public Law 104–13. Public

and agency comments are due at the

same time as other comments on this

Fifth NPRM. Comments should address:

(a) whether the proposed collection of

information is necessary for the proper

performance of the functions of the

Commission, including whether the

information shall have practical utility;

(b) the accuracy of the Commission’s

burden estimates; (c) ways to enhance

the quality, utility, and clarity of the

information collected; and (d) ways to

minimize the burden of the collection of

information on the respondents,

including the use of automated