Federal Register / Vol. 63, No. 132 / Friday, July 10, 1998 / Proposed Rules 37297

c. Materially alter the budgetary

impact of entitlements, grants, user fees,

or loan programs or the rights and

obligations of recipients thereof; or

d. Raise novel legal or policy issues

arising out of legal mandates, the

President’s priorities, or the principles

set forth in this Executive Order.

Regulatory Flexibility Act

This proposed rule was reviewed with

regard to the requirements of the

Regulatory Flexibility Act. The proposal

does not have a significant impact on a

substantial number of small entities.

Paperwork Reduction Act

Pursuant to the Paperwork Reduction

Act of 1995, the reporting provisions of

this proposed rule have been submitted

to the Office of Management and Budget

for review under Section 3507(d) of the

Act.

In compliance with Section

3506(c)(2)(A) of the Paperwork

Reduction Act, the Office of the Director

of Army Safety, DACS–SF, announces

the proposed public information

collection and seeks public comment on

the provisions thereof. Comments are

invited on: (1) whether the proposed

collection of information is necessary

for the proper performance of the

functions of the agency, including

whether the information shall have

practical utility; (2) the accuracy of the

agency’s estimates of the burden of the

proposed information collection; (3)

ways to enhance the quality, utility, and

clarity of the information to be

collected; and, (4) ways to minimize the

burden of the information collection on

respondents, including through the use

of automated collection techniques or

other forms of information technology.

Comments on these requirements

should be submitted to the Office of

Information and Regulatory Affairs,

OMB, 725 17th Street, N.W.,

Washington, DC 20503, marked

‘‘Attention Desk Officer for Department

of Defense.’’ Copies should be sent to

the Office of the Director of Army

Safety, ATTN: DACS–SF, RM 3D253,

Chief of Staff, 200 Army Pentagon,

Washington, DC 20310–0200. When the

Department of the Army promulgates

the Final Rule, the Department will

respond to comments by OMB or the

public regarding the information

collection provision requirements of the

rule.

List of Subjects in 32 CFR Part 655

Environmental protection, Radiation

protection, Reporting and recordkeeping

requirements.

Accordingly, 32 CFR part 655 is

proposed to be revised to read as

follows:

PART 655—RADIATION SOURCES ON

ARMY LAND

Authority: 10 U.S.C. 3012.

§ 655.10 Use of radiation sources by nonArmy entities on Army land (AR 385–11).

(a) Army radiation permits are

required for use, storage, or possession

of radiation sources by non-Army

agencies (including civilian contractors)

on an Army installation. Approval of

the installation commander is required

to obtain an Army radiation permit. For

the purposes of this section, a radiation

source is:

(1) Radioactive material used, stored,

or possessed under the authority of a

specific license issued by the Nuclear

Regulatory Commission (NRC) or an

Agreement State (10 CFR);

(2) More than 0.1 microcurie (uCi)

[3.7 kilobecquerels] (kBq) of radium,

except for electron tubes;

(3) More than 1 uCi (37 kBq) of any

naturally occurring or accelerator

produced radioactive material (NARM)

other than radium, except for electron

tubes;

(4) an electron tube containing more

than 10 uCi (370 kBq) of any naturally

occurring or accelerator produced

NARM radioisotope; or

(5) A machine-produced ionizingradiation source capable of producing

an area, accessible to individuals, in

which radiation levels could result in an

individual receiving a dose equivalent

in excess of 0.1 rem (1 mSv) in 1 hour

at 30 centimeters from the radiation

source or from any surface that the

radiation penetrates.

(b) The non-Army applicant will

apply by letter with supporting

documentation (paragraph c of this

section) through the appropriate tenant

commander to the installation

commander. Submit the letter so that

the installation commander receives the

application at least 30 calendar days

before the requested start date of the

permit.

(c) The Army radiation permit

application will specify start and stop

dates for the Army radiation permit and

describe for what purposes the

applicants needs the Army radiation

permit. The installation commander

will approve the application only if the

applicant provides evidence to show

that one of the following is true:

(1) The applicant possesses a valid

NRC license or Department of Energy

(DOE) radiological work permit that

allows the applicant to use the source as

specified in the Army radiation permit

application;

(2) The applicant possesses a valid

Agreement State license that allows the

applicant to use radioactive material as

specified in the Army radiation permit

application, and the applicant has filed

NRC Form–241, Report of Proposed

Activities in Non-Agreement States,

with the NRC in accordance with 10

CFR part 150, § 150.20 (an Army

radiation permit issued under

provisions of this section will be valid

for no more than 180 days in any

calendar year);

(3) For NARM and machine-produced

ionizing radiation sources, the applicant

has an appropriate State authorization

that allows the applicant to use the

source as specified in the Army

radiation permit application or has in

place a radiation safety program that

complies with Army regulations; or

(4) For overseas installations, the

applicant has an appropriate host-nation

authorization as necessary that allows

the applicant to use the source as

specified in the Army radiation permit

application and has in place a radiation

safety program that complies with Army

regulations. (Applicants will comply

with applicable status-of-forces

agreements (SOFAs) and other

international agreements.)

(d) All Army radiation permits will

require applicants to remove all

permitted sources from Army property

by the end of the permitted time.

(e) Disposal of radioactive material by

non-Army agencies on Army property is

prohibited. However, the installation

commander may authorize radioactive

releases to the atmosphere or to the

sanitary sewerage system that are in

compliance with all applicable Federal,

DoD, and Army regulations. (The

installation commander also will give

appropriate consideration to State or

local restrictions on such releases.)

Raymond J. Fatz,

Deputy Assistant Secretary of the Army

(Environment, Safety and Occupational

Health) OASA (I, L&E).

[FR Doc. 98–17952 Filed 7–9–98; 8:45 am]

BILLING CODE 3710–08–M

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 110

[CGD 97–086]

RIN 2115–AA98

Anchorage Grounds; Hudson River,

Hyde Park, NY

AGENCY: Coast Guard, DOT.
37298 Federal Register / Vol. 63, No. 132 / Friday, July 10, 1998 / Proposed Rules

ACTION: Notice of proposed rulemaking.

SUMMARY: The Coast Guard proposes to

establish an anchorage ground in the

Hudson River near Hyde Park, NY. This

action is necessary to provide an

anchorage ground on the Hudson River

for vessels awaiting favorable tides and/

or daylight for passage to facilities north

of New York. This action is intended to

increase safety for vessels transiting the

Hudson River by providing an

anchorage ground away from congested

traffic lanes used in New York Harbor.

DATES: Comments must reach the Coast

Guard on or before October 8, 1998.

ADDRESSES: You may mail comments to

the Waterways Oversight Branch

(CGD01–97–086), Coast Guard Activities

New York, 212 Coast Guard Drive,

Staten Island, New York 10305, or

deliver them to room 205 at the same

address between 8 a.m. and 3 p.m.,

Monday through Friday, except Federal

holidays.

The Waterways Oversight Branch of

Coast Guard Activities New York

maintains the public docket for this

rulemaking. Comments, and documents

as indicated in this preamble, will

become part of this docket and will be

available for inspection or copying at

room 205, Coast Guard Activities New

York, between 8 a.m. and 3 p.m.,

Monday through Friday, except Federal

holidays.

FOR FURTHER INFORMATION CONTACT:

Lieutenant (Junior Grade) Alma

Kenneally, Waterways Oversight

Branch, Coast Guard Activities New

York (718) 354–4195.

SUPPLEMENTARY INFORMATION:

Request for Comments

The Coast Guard encourages

interested persons to participate in this

rulemaking by submitting written data,

views, or arguments. Persons submitting

comments should include their names

and addresses, identify this rulemaking

(CGD 01–97–086) and the specific

section of this document to which each

comment applies, and give the reason

for each comment. 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

acknowledgment of receipt of comments

should enclose stamped, self-addressed

postcards or envelopes.

The Coast Guard will consider all

comments received during the comment

period. It may change this proposed rule

in view of the comments.

The Coast Guard plans no public

hearing. Persons may request a public

hearing by writing to the Waterways

Oversight Branch at the Address under

ADDRESSES. The request should include

the reasons why a hearing would be

beneficial. If it determines that the

opportunity for oral presentations will

aid this rulemaking, the Coast Guard

will hold a public hearing at a time and

place announced by a later notice in the

Federal Register.

Background and Purpose

The Hudson River Pilots Association

has requested that the Coast Guard

establish a federal anchorage ground in

the Hudson River near Hyde Park, New

York. The closest anchorage to this area

is down river to anchorage number 17,

the northern boundary of which lies

between the Yonkers municipal pier

and the pilot station just to the north.

The area that the Pilots Association has

suggested for consideration is bound by

the following coordinates:

NW corner 41° 48′ 35′′ N 073° 57′ 00W′′

NE corner 41° 48′ 35′′ N 073° 56′ 44W′′

SE corner 41° 47′ 32′′ N 073° 56′ 50W′′

SW corner 41° 47′ 32′′ N 073° 57′ 10W′′

Discussion of Proposed Rule

The proposed anchorage would be

valuable to vessels awaiting favorable

tides and/or daylight for passage to

Albany and other upper river ports.

Additionally, the new anchorage could

relieve some of the overcrowding in the

existing New York Harbor anchorages,

thus increasing vessel safety. This new

anchorage will only be authorized for

use from March 1 through December 15

each year. This is due to ice conditions

in the river. No vessel may anchor in

Anchorage 19–A from December 16 to

the last day of February without

permission from the Captain of the Port

New York.

Regulatory Evaluation

This proposed rule is not a significant

regulatory action under section 3(f) of

Executive Order 12866 and does not

require an assessment of potential costs

and benefits under section 6(a)(3) of that

Order. It has not been reviewed 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 10(e) of the

regulatory policies and procedures of

DOT is unnecessary. The effect of this

regulation would not be significant for

the following reasons: due to icing of

the river in winter months, the

anchorage would be seasonal in nature,

recreational traffic could still traverse

the anchorage when necessary, and the

proposed anchorage would still permit

unobstructed navigation of the Hudson

in that area on the western side.

Small Entities

Under the Regulatory Flexibility Act

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

considers whether this proposed rule, if

adopted, will have a significant

economic impact on the substantial

number of small entities. ‘‘Small

entities’’ include small businesses, notfor-profit organizations that are

independently owned and operated and

are not dominant in their fields, and

governmental jurisdictions with

populations of less than 50,000.

Therefore, the Coast Guard certifies

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

rule, if adopted, will not have a

significant economic impact on a

substantial number of small entities. If,

however, you think that your business

or organization qualifies as a small

entity and that this proposed rule will

have a significant economic impact on

your business or organization, please

submit a comment (see ADDRESSES)

explaining why you think it qualifies

and in what way and to what degree this

proposed rule will economically affect

it.

Collection of Information

This proposed rule does not provide

for a collection of information under the

Paperwork Reduction Act of 1995 (44

U.S.C. 3501 et seq.).

Federalism

The Coast Guard has analyzed this

propose rule under the principles and

criteria contained in Executive Order

12612 and has determined that this

proposed rule does not have sufficient

implications for federalism to warrant

the preparation of a Federalism

Assessment.

Environment

The Coast Guard considered the

environmental impact of this proposed

rule and concluded that under Figure 2–

1, paragraph 34(f), of Commandant

Instruction M16475.1C, this proposed

rule is categorically excluded form

further environmental documentation.

Figure 2–1, paragraph 34(f) only

requires an environmental checklist and

a ‘‘Categorical Exclusion

Determination’’ for regulations

establishing anchorage grounds. A

Categorical Exclusion Determination is

available in the docket for inspection or

copying where indicated under

ADDRESSES.
Federal Register / Vol. 63, No. 132 / Friday, July 10, 1998 / Proposed Rules 37299

List of Subjects in 33 CFR Part 110

Anchorage grounds.

Proposed Regulations

For reasons set out in the preamble,

the Coast Guard proposed to amend 33

CFR Part 110 as follows:

PART 110—[AMENDED]

1. The authority citation for Part 110

continues to read as follows:

Authority: 33 U.S.C. 471, 1221 through

1236, 2030, 2035, 2071; 49 CFR 1.46 and 33

CFR 1.05–1(g).

2. In § 110.155, add paragraph (c)(6) to

read as follows:

§ 110.155 Port of New York.

* * * * *

(c) * * *

(6) Anchorage No. 19–A. An area

located west of Hyde Park enclosed by

the coordinates staring at 41°48′35′′ N,

073°57′00′′ W; to 41°48′35′′ N,

073°56′44′′ W; to 41°47′32′′ N,

073°56′50′′ W; to 41°47′32′′ N,

073°57′10′′ W; thence back to 41°48′35′′

N, 073°57′00′′ W.

(i) No vessel may anchor in

Anchorage 19–A from December 16 to

the last day of February without

permission from the Captain of the Port,

New York

(ii) [Reserved]

* * * * *

Dated: June 3, 1998.

James D. Garrison,

Captain, U.S. Coast Guard, Acting

Commander, First Coast Guard District.

[FR Doc. 98–18396 Filed 7–9–98; 8:45 am]

BILLING CODE 4910–15–M

DEPARTMENT OF VETERANS

AFFAIRS

38 CFR Part 17

RIN 2900–AJI8

Enrollment—Provision of Hospital and

Outpatient Care to Veterans

AGENCY: Department of Veterans Affairs.

ACTION: Proposed rule.

SUMMARY: This document proposes to

amend VA’s medical regulations. The

Veterans’ Health Care Eligibility Reform

Act of 1996 mandates that VA

implement a national enrollment system

to manage the delivery of healthcare

services. Accordingly, the medical

regulations are proposed to be amended

to establish provisions consistent with

this mandate. Starting October 1, 1998,

most veterans must be enrolled in the

VA healthcare system as a condition of

receiving VA hospital and outpatient

care. Veterans would be allowed to

apply to be enrolled at any time. They

would be eligible to be enrolled based

on funding availability and their

priority status. In accordance with

statutory provisions, the proposed rule

also states that some categories of

veterans would be eligible for VA

hospital and outpatient care even if not

enrolled. This document further

proposes to establish a ‘‘medical

benefits package’’ setting forth, with

certain exceptions, the hospital and

outpatient care that would be provided

to enrolled veterans and certain other

veterans.

DATES: Comments must be received on

or before September 8, 1998.

ADDRESSES: Mail or hand-deliver

written comments to: Director, Office of

Regulations Management (02D),

Department of Veterans Affairs, 810

Vermont Ave., NW, Room 1154,

Washington, DC 20420. Comments

should indicate that they are submitted

in response to ‘‘RIN: 2900–AJ18.’’ All

written comments received will be

available for public inspection at the

above address in the Office of

Regulations Management, Room 1158,

between the hours of 8:00 a.m. and 4:30

p.m., Monday through Friday (except

holidays).

FOR FURTHER INFORMATION CONTACT:

Roscoe Butler, Health Administration

Service, (10C3), Veterans Health

Administration, Department of Veterans

Affairs, 810 Vermont Avenue, NW,

Washington, DC 20420, (202) 273–8302.

(This is not a toll-free number.)

SUPPLEMENTARY INFORMATION: This

document proposes to amend VA’s

medical regulations at 38 CFR part 17.

Public Law 104–262, the Veterans’

Health Care Eligibility Reform Act of

1996, mandated that VA implement a

national enrollment system to manage

the delivery of healthcare services.

Accordingly, the medical regulations are

proposed to be amended to establish

provisions consistent with this mandate.

Starting October 1, 1998, most veterans

must be enrolled in the VA healthcare

system as a condition for receiving VA

hospital and outpatient care. They

would be allowed to apply to be

enrolled at any time. In accordance with

statutory provisions, the proposal also

states that some categories of veterans

would be eligible for VA hospital and

outpatient care even if not enrolled.

This document further proposes to

establish a ‘‘medical benefits package’’

setting forth, with certain exceptions,

the hospital and outpatient care that

would be provided to enrolled veterans

and certain other veterans.

National Enrollment System (Proposed

§ 17.36)

The proposed rule restates statutory

provisions by announcing that certain

veterans must be enrolled in the VA

healthcare system as a condition for

receiving VA hospital and outpatient

care. Also, consistent with the mandate

of Public Law 104–262, the proposed

rule contains a mechanism for

determining which categories of

veterans are eligible to be enrolled.

Moreover, the proposed rule includes

procedures for applying for enrollment,

continuation of enrollment, and

disenrollment; and provides for

notification to veterans of

determinations regarding their

enrollment status.

The proposed rule also contains

provisions for automatically enrolling

veterans who were enrolled prior to

October 1, 1998, in the VA healthcare

system under the trial VA voluntary

enrollment program that began on

October 1, 1997, if they are in a funded

priority category as explained below.

This would help avoid duplicate

decisionmaking and paperwork since

the trial VA voluntary enrollment

program used essentially the same

procedures for enrollment as those set

forth in the proposed rule.

Consistent with the statutory

mandate, the proposed rule provides

that the Secretary will determine which

categories of veterans are eligible to be

enrolled based on the following order of

priority:

(1) Veterans with a singular or

combined rating of 50 percent or greater

based on one or more service-connected

disabilities or unemployability.

(2) Veterans with a singular or

combined rating of 30 percent or 40

percent based on one or more serviceconnected disabilities.

(3) Veterans who are former prisoners

of war; veterans with a singular or

combined rating of 10 percent or 20

percent based on one or more serviceconnected disabilities; veterans who

were discharged or released from active

military service for a disability incurred

or aggravated in the line of duty;

veterans who receive disability

compensation under 38 U.S.C. 1151;

veterans whose entitlement to disability

compensation is suspended pursuant to

38 U.S.C. 1151, but only to the extent

that such veterans’ continuing eligibility

for hospital and outpatient care is

provided for in the judgment or

settlement described in 38 U.S.C. 1151;

veterans whose entitlement to disability

compensation is suspended because of

the receipt of military retired pay; and

veterans receiving compensation at the