51692 Federal Register / Vol. 70, No. 168 / Wednesday, August 31, 2005 / Proposed Rules 

Executive Order 13132—Federalism 

This rule does not have Federalism 

implications. SMCRA delineates the 

roles of the Federal and State 

governments with regard to the 

regulation of surface coal mining and 

reclamation operations. One of the 

purposes of SMCRA is to ‘‘establish a 

nationwide program to protect society 

and the environment from the adverse 

effects of surface coal mining 

operations.’’ Section 503(a)(1) of 

SMCRA requires that State laws 

regulating surface coal mining and 

reclamation operations be ‘‘in 

accordance with’’ the requirements of 

SMCRA, and section 503(a)(7) requires 

that State programs contain rules and 

regulations ‘‘consistent with’’

regulations issued by the Secretary 

pursuant to SMCRA. 

Executive Order 13175—Consultation 

and Coordination With Indian Tribal 

Governments 

In accordance with Executive Order 

13175, we have evaluated the potential 

effects of this rule on Federallyrecognized Indian tribes and have 

determined that the rule does not have 

substantial direct effects on one or more 

Indian tribes, on the relationship 

between the Federal Government and 

Indian tribes, or on the distribution of 

power and responsibilities between the 

Federal Government and Indian tribes. 

This determination is based on the fact 

that the Texas program does not regulate 

coal exploration and surface coal 

mining and reclamation operations on 

Indian lands. Therefore, the Texas 

program has no effect on Federallyrecognized Indian tribes. 

Executive Order 13211—Regulations 

That Significantly Affect the Supply, 

Distribution, or Use of Energy 

On May 18, 2001, the President issued 

Executive Order 13211 which requires 

agencies to prepare a Statement of 

Energy Effects for a rule that is (1) 

considered significant under Executive 

Order 12866, and (2) likely to have a 

significant adverse effect on the supply, 

distribution, or use of energy. Because 

this rule is exempt from review under 

Executive Order 12866 and is not 

expected to have a significant adverse 

effect on the supply, distribution, or use 

of energy, a Statement of Energy Effects 

is not required. 

National Environmental Policy Act 

This rule does not require an 

environmental impact statement 

because section 702(d) of SMCRA (30 

U.S.C. 1292(d)) provides that agency 

decisions on proposed State regulatory 

program provisions do not constitute 

major Federal actions within the 

meaning of section 102(2)(C) of the 

National Environmental Policy Act (42 

U.S.C. 4332(2)(C)). 

Paperwork Reduction Act 

This rule does not contain 

information collection requirements that 

require approval by OMB under the 

Paperwork Reduction Act (44 U.S.C. 

3507 et seq.). 

Regulatory Flexibility Act 

The Department of the Interior 

certifies that this rule will not have a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.). The State submittal, 

which is the subject of this rule, is based 

upon counterpart Federal regulations for 

which an economic analysis was 

prepared and certification made that 

such regulations would not have a 

significant economic effect upon a 

substantial number of small entities. In 

making the determination as to whether 

this rule would have a significant 

economic impact, the Department relied 

upon the data and assumptions for the 

counterpart Federal regulations. 

Small Business Regulatory Enforcement 

Fairness Act 

This rule is not a major rule under 5 

U.S.C. 804(2), the Small Business 

Regulatory Enforcement Fairness Act. 

This rule: (a) Does not have an annual 

effect on the economy of $100 million; 

(b) Will not cause a major increase in 

costs or prices for consumers, 

individual industries, Federal, State, or 

local government agencies, or 

geographic regions; and (c) Does not 

have significant adverse effects on 

competition, employment, investment, 

productivity, innovation, or the ability 

of U.S.-based enterprises to compete 

with foreign-based enterprises. This 

determination is based upon the fact 

that the State submittal, which is the 

subject of this rule, is based upon 

counterpart Federal regulations for 

which an analysis was prepared and a 

determination made that the Federal 

regulation was not considered a major 

rule. 

Unfunded Mandates 

This rule will not impose an 

unfunded mandate on State, local, or 

tribal governments or the private sector 

of $100 million or more in any given 

year. This determination is based upon 

the fact that the State submittal, which 

is the subject of this rule, is based upon 

counterpart Federal regulations for 

which an analysis was prepared and a 

determination made that the Federal 

regulation did not impose an unfunded 

mandate. 

List of Subjects in 30 CFR Part 943 

Intergovernmental relations, Surface 

mining, Underground mining. 

Dated: August 17, 2005. 

Ervin J. Barchenger, 

Acting Regional Director, Mid-Continent 

Region. 

[FR Doc. 05–17337 Filed 8–30–05; 8:45 am] 

BILLING CODE 4310–05–P 

DEPARTMENT OF DEFENSE 

Office of the Secretary 

32 CFR Part 199 

RIN 0720–AA92 

TRICARE; Revision of Participating 

Providers Reimbursement Rate; 

TRICARE Dental Program (TDP) 

AGENCY: Office of the Secretary, DoD. 

ACTION: Proposed rule. 

SUMMARY: The Department is publishing 

this proposed rule to revise the 

requirements and procedures for the 

reimbursement of TRICARE Dental 

Program participating providers. 

Participating providers will no longer be 

reimbursed at the equivalent of a 

percentile of prevailing charges 

sufficiently above the 50th percentile of 

prevailing charges made for similar 

services in the same locality (region) or 

state, or the provider’s actual charge, 

whichever is lower, less any cost-share 

amount due for authorized services. 

Specifically, the revision will require 

TRICARE Dental Program participating 

providers to be reimbursed in 

accordance with the contractor’s 

network agreements, less any cost-share 

amount due for authorized services. 

Public comments are invited and will 

be considered for possible revisions to 

the final rule. 

DATES: Written comments received at 

the address indicated below by October 

31, 2005 will be accepted. 

ADDRESSES: Because of staff and 

resource limitations, we can only accept 

comments by mail or electronic bill (email). We are unable to accept 

comments by facsimile (FAX) 

transmission. Send e-mail comments to 

TDP.rule@tma.osd.mil. Mail written 

comments to the following address only: 

TRICARE Management Activity, 

TRICARE Operations/Dental Division, 

Skyline 5, Suite 810, 5111 Leesburg 

Pike, Falls Church, VA 22041–3206; 

Attention: Col. Gary C. Martin, Director. 

Please allow sufficient time for mailed 

Federal Register / Vol. 70, No. 168 / Wednesday, August 31, 2005 / Proposed Rules 51693 

comments to be timely received in the 

event of delivery delays. 

FOR FURTHER INFORMATION CONTACT: Col. 

Gary C. Martin, Office of the Assistant 

Secretary of Defense (Health Affairs)/ 

TRICARE Management Activity, 

telephone (703) 681–0039. 

SUPPLEMENTARY INFORMATION: 

I. Background 

Revision of Participating Providers 

Reimbursement Rate. Currently, 32 CFR 

199.13 requires the TRICARE Dental 

Program contractor to reimburse 

participating providers at the equivalent 

of a percentile of prevailing charges 

sufficiently above the 50th percentile of 

prevailing charges made for similar 

services in the same locality (region) or 

state, or the provider’s actual charge, 

whichever is lower, less any cost-share 

amount due for authorized services. 

This provision was included in the 

regulation to constitute a significant 

financial incentive for participation of 

providers in the contractor’s network 

and to ensure a network of quality 

providers through use of a higher 

reimbursement rate. This provision, 

however, places an unnecessary 

restriction on contractors that already 

have established, high quality provider 

networks with reimbursement rates 

below the 50th percentile that are of 

sufficient size to meet the access 

requirements of the TRICARE Dental 

Program. The reimbursement rates that 

have been negotiated over the life of the 

dental contract represent the general 

market rates for dental insurance 

reimbursement, and the proposed rule 

change would bring DoD reimbursement 

rates into line with the broader 

insurance market. Elimination of the 

50th percentile requirement will afford 

the Government and enrollees 

significant cost savings through lower 

provider reimbursement costs by the 

contractor. Additionally, contractors 

have other methods available to ensure 

the TDP members receive high quality 

dental services. These quality assurance 

methods include, but are not limited to, 

licensing and credentialing standards, 

patient satisfaction assessments, and 

provider trend analyses. 

II. Regulatory Procedures 

The Department of Defense (DoD) has 

examined the economic implications of 

this proposed rule as required by 

Executive Order 12866. Executive Order 

12866 directs agencies to assess costs 

and benefits of available regulatory 

alternatives and, when regulation is 

necessary, to select regulatory 

approaches that maximize net benefits 

(including potential economic, 

environmental, public health and safety, 

and other advantages; distributive 

impacts; and equity). Executive Order 

12866 classifies a rule as significant if 

it meets any one of a number of 

specified conditions, including: having 

an annual effect on the economy of $100 

million or more, adversely affecting a 

sector of the economy in a material way, 

adversely affecting competition, or 

adversely affecting jobs. A regulation is 

also considered a significant regulatory 

action if it raises novel legal or policy 

issues. 

DoD concludes that this proposed rule 

is a significant regulatory action under 

the Executive Order since it raises novel 

policy issues under Section 3(f)(4). DoD 

concludes, however, that this proposed 

rule does not meet the significance 

threshold of $100 million effect on the 

economy in any one year under Section 

3(f)(1), with an estimated annual impact 

on the economy of $5 million (See 

attachment for details). The estimate 

annual impact was determined by 

comparing the current level of 

reimbursement for network dental 

providers in the TDP with the expected 

level of reimbursement under this 

Proposed Rule. The current rate of 

reimbursement was assessed by 

independent actuarial advisers. This 

rate is consistent with a market-driven 

level of payments that is necessary, on 

average, to maintain a large and stable 

network of dentists. The difference was 

multiplied by the projected level of 

utilization for network providers in 

2006. In the aggregate, for all network 

TDP providers, the Proposed Rule is 

estimated to reduce network dental 

provider payments by $0–5 million in 

2006. For the approximately 70,000 

network dental providers, this impact 

averages $0–$70 per year per network 

dentist, which is less than 0.1 percent 

of the net income for the dentists in the 

U.S. (according to the American Dental 

Association’s 2002 Survey of Dental 

Practice). Although the average impact 

is minimal, the upper end of the range 

for a network dentist is estimated to be 

as much as $1,700 per year. This 

assumes a decline of 2 percent in the 

reimbursement level for a network 

dentist whose practice consists of 15 

percent TDP patients. The level of 

reimbursement required to have a stable 

network of providers is a percentile less 

than the current percentile of billed 

charges. 

The Congressional Review Act 

establishes certain procedures for major 

rules, defined as those with similar 

major 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 that would 

have significant impact on a substantial 

number of small entities. This is not a 

major rule under 5 U.S.C. 801. It is a 

significant regulatory action but not 

economically significant. In addition, 

we certify that this proposed rule will 

not significantly affect a substantial 

number of small entities for the reasons 

stated above. This rule has been 

designated and has been reviewed by 

the Office of Management and Budget as 

required under the provision of E.O. 

12866. 

Paperwork Reduction Act 

This proposed rule contains a new 

information collection requirement. 

DoD has submitted the following 

proposal to OMB under the provisions 

of the Paperwork Reduction Act (44 

U.S.C. Chapter 35). Comments are 

invited on: (a) Whether the proposed 

collection of information is necessary 

for the proper performance of the 

functions of DoD, including whether the 

information will have practical utility; 

(b) the accuracy of the estimate of the 

burden of the proposed information 

collection; (c) ways to enhance the 

quality, utility, and clarity of the 

information to be collected; and (d) 

ways to minimize the burden of the 

information collection on respondents, 

including the use of automated 

collection techniques or other forms of 

information technology. 

Title: Claim Form. 

Type of Request: New requirement. 

Number of Respondents: 56,512. 

Responses Per Respondent: 62. 

Annual Responses: 3,503,744. 

Average Burden Per Response: 15 

minutes. 

Annual Burden Hours: 875,936. 

Needs and Uses: The TRICARE 

Management Activity (TMA) under the 

authority of the Office of the Assistant 

Secretary of Defense (Health Affairs)/ 

TMA Office of the Deputy Assistant 

Secretary of Defense has the 

responsibility for management of the 

TRICARE dental program as established 

in Title X, United States Code, section 

1076a. The TDP claim form is required 

to gather information to make payment 

for legitimate dental claims, to assist in 

contractor surveillance and program 

integrity investigations and to audit 

financial transactions where the 

Department of Defense has a financial 

stake. The information from the claim 

form is also used to provide important 

cost share explanations to the 

beneficiary. 

Affected Public: Business or other forprofit. 

Frequency: 5 per month. 

51694 Federal Register / Vol. 70, No. 168 / Wednesday, August 31, 2005 / Proposed Rules 

Respondent’s Obligation: Voluntary. 

Written comments and 

recommendations on the proposed 

information collection should be sent to 

the TRICARE Management Activity, 

Attn: Col Gary Martin, 5111 Leesburg 

Pike, Suite 810, Falls Church, VA 

22041–3206 (703–681–0039). Comments 

should be received within 60 days of 

publication of this notice. 

To request more information on this 

proposed information collection or to 

obtain a copy of the proposed and 

associated collection instruments, 

please write to TRICARE Management 

Activity, Attn: Col Gary Martin, 5111 

Leesburg Pike, Suite 810, Falls Church, 

VA 22041–3206, or telephone Col 

Martin at 703–681–0039. 

List of Subjects in 32 CFR Part 199 

Claims, Dental health, Health care, 

Health insurance, Individuals with 

disabilities, Military personnel. 

For the reasons set out in the 

preamble, 32 CFR part 199 is proposed 

to be 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. Section 199.13(g)(2)(ii) is proposed 

to be revised to read as follows: 

§ 199.13 TRICARE Dental Program. 

* * * * * 

(g) * * * 

(2) * * * 

(ii) Participating providers shall be 

reimbursed in accordance with the 

contractor’s network agreements, less 

any cost-share amount due for 

authorized services. 

* * * * * 

Dated: August 25, 2005. 

Jeannette Owings-Ballard, 

Alternate OSD Federal Register Liaison 

Officer, Department of Defense. 

[FR Doc. 05–17299 Filed 8–30–05; 8:45 am] 

BILLING CODE 5001–06–M 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 51 

[OAR–2005–0148; FRL–7963–1] 

Advance Notice To Solicit Comments, 

Data and Information for Determining 

the Emissions Reductions Achieved in 

Ozone Nonattainment and 

Maintenance Areas From the 

Implementation of Rules Limiting the 

VOC Content of AIM Coatings 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Advance notice of proposed 

rulemaking. 

SUMMARY: By this action, EPA is 

soliciting comments, data and 

information for determining how to 

calculate the reductions in volatile 

organic compounds (VOC) emissions 

achieved in ozone nonattainment and 

maintenance areas from the 

implementation of rules which limit the 

VOC content of architectural coatings 

(commonly referred to as architectural 

industrial maintenance, or AIM, 

coatings). In addition to submitting 

comments, data and information, 

interested parties may also request to 

meet with EPA to present their 

recommended approaches and 

rationales. 

DATES: Please submit comments, data, 

and information on or before October 

17, 2005. Requests to meet with EPA 

should be made on or before September 

30, 2005. 

ADDRESSES: Submit your written 

comments, data and information, 

identified by Docket ID No. OAR–2005–

0148, by one of the following methods: 

Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the on-line 

instructions for submitting comments. 

Agency Web site: http://www.epa.gov/ 

edocket. EDOCKET, EPA’s electronic 

public docket and comment system, is 

EPA’s preferred method for receiving 

comments. Follow the on-line 

instructions for submitting comments. 

E-mail: Send electronic mail (e-mail) 

to EPA Docket Center at a-and-rDocket@epa.gov. 

Fax: Send faxes to the EPA Docket 

Center at (202) 566–1741. 

Mail: Air and Radiation Docket, U.S. 

Environmental Protection Agency, Mail 

Code 6102T, 1200 Pennsylvania 

Avenue, NW., Washington, DC 20460. 

Attn: Docket ID No. OAR–2005–0148, 

Advance Notice for Information on 

Determining the Emissions Reductions 

Achieved from Limiting the VOC 

Content of Architectural Coating. Please 

include a total of two copies. 

Hand Delivery or Courier: EPA Docket 

Center (Air and Radiation Docket), U.S. 

Environmental Protection Agency, EPA 

West Building, Room B102, 1301 

Constitution Avenue, NW., Washington, 

DC 20004. Such deliveries are only 

accepted during the Docket’s normal 

hours of operation, and special 

arrangements should be made for 

delivery of boxed information. 

Instructions: Direct your comments to 

Docket ID No. OAR–2005–0148. The 

EPA’s policy is that all comments 

received will be included in the public 

docket without change, and may be 

made available online at http:// 

www.epa.gov/edocket, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit information that you 

consider to be CBI or otherwise 

protected through EDOCKET, 

regulations.gov or e-mail. The EPA 

EDOCKET and the federal 

regulations.gov websites are 

‘‘anonymous access’’ systems, which 

means EPA will not know your identity 

or contact information unless you 

provide it in the body of your comment. 

If you send an e-mail comment directly 

to EPA without going through 

EDOCKET or regulations.gov, your email address will be automatically 

captured and included as part of the 

comment that is placed in the public 

docket and made available on the 

Internet. If you submit an electronic 

comment, EPA recommends that you 

include your name and other contact 

information in the body of your 

comment and with any disk or CD–ROM 

you submit. If EPA cannot read your 

comment due to technical difficulties 

and cannot contact you for clarification, 

EPA may not be able to consider your 

comment. Electronic files should avoid 

the use of special characters, any form 

of encryption, and be free of any defects 

or viruses. 

Docket: All documents in the 

electronic docket are listed in the 

EDOCKET index at http://www.epa.gov/ 

edocket. Although listed in the index, 

some information is not publicly 

available, i.e., CBI or other information 

whose disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, is not placed on 

the Internet and will be publicly 

available only in hard copy form. 

Publicly available docket materials are 

available either electronically in 

EDOCKET or in hard copy during 

normal business hours at the Air and 

Radiation Docket, (EPA/DC) EPA West, 

Room B102, 1301 Constitution Ave.,