55252 Federal Register / Vol. 70, No. 182 / Wednesday, September 21, 2005 / Rules and Regulations 

prior to issuance. This is because the 

effective date of the changes to these 

statutes was October 28, 2004. The rule 

changes the regulation to conform to the 

new statutory entitlement. Based on 

these statutory requirements, the 

Assistant Secretary of Defense (Health 

Affairs) has determined that following 

the standard practice in this case would 

be unnecessary, impractical and 

contrary to the public interest. Public 

comments are invited. All comments 

will be carefully considered. A 

discussion of the major issues received 

by public comments will be included 

with the issuance of the final rule. 

Paperwork Reduction Act 

This rule will not impose additional 

information collection requirements on 

the public under the Paperwork 

Reduction Act of 1995 (44 U.S.C. 3501–

3511). 

List of Subjects in 32 CFR Part 199 

Claims, Dental Program, Dental 

Health, Health care, Health insurance, 

Military personnel. 

■ For the reasons set out in the 

preamble, the Department of Defense 

amends 32 CFR part 199 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 is amended by 

revising paragraphs (a)(2)(iii), 

(c)(2)(i)(a)(2) and (c)(3)(ii)(E)(2), and 

adding paragraphs (a)(2)(iv) and (i) to 

read as follows: 

§ 199.13 TRICARE Dental Program. 

(a) * * * 

(2) * * * 

(iii) Exclusion of benefit services 

performed in military dental care 

facilities. Except for emergency 

treatment, dental care provided outside 

the United States, services incidental to 

noncovered services, and services 

provided under paragraph (a)(2)(iv), 

dependents of active duty, Selected 

Reserve and Individual Ready Reserve 

members enrolled in the TDP may not 

obtain those services that are benefits of 

the TDP in military dental care 

facilities, as long as those covered 

benefits are available for cost-sharing 

under the TDP. Enrolled dependents of 

active duty, Selected Reserve and 

Individual Ready Reserve members may 

continue to obtain noncovered services 

from military dental care facilities 

subject to the provisions for space 

available care. 

(iv) Exception to the exclusion of 

services performed in military dental 

care facilities. 

(A) Dependents who are 12 years of 

age or younger and are covered by a 

dental plan established under this 

section may be treated by postgraduate 

dental residents in a dental treatment 

facility of the uniformed services under 

a graduate dental education program 

accredited by the American Dental 

Association if 

(1) Treatment of pediatric dental 

patients is necessary in order to satisfy 

an accreditation standard of the 

American Dental Association that is 

applicable to such program, or training 

in pediatric dental care is necessary for 

the residents to be professionally 

qualified to provide dental care for 

dependent children accompanying 

members of the uniformed services 

outside the United States; and 

(2) The number of pediatric patients 

at such facility is insufficient to support 

satisfaction of the accreditation or 

professional requirements in pediatric 

dental care that apply to such programs 

or students. 

(B) The total number of dependents 

treated in all facilities of the uniformed 

services under paragraph (a)(2)(iv) in a 

fiscal year may not exceed 2,000. 

* * * * * 

(c) * * * 

(2) * * * 

(i) * * * 

(A) * * * 

(2) Child. To be eligible, the child 

must be unmarried and meet one of the 

requirements set forth in section 

199.3(b)(2)(ii)(A)–(F) or 

199.3(b)(2)(ii)(H). 

* * * * * 

(c) * * * 

(3) * * * 

(ii) * * * 

(E) * * * 

(2) Continuation of eligibility. Eligible 

dependents of active duty members 

while on active duty for a period of 

more than 30 days and eligible 

dependents of members of the Ready 

Reserve (i.e., Selected Reserve or 

Individual Ready Reserve, as specified 

in 10 U.S.C. 10143 and 10144(b) 

respectively), shall be eligible for 

continued enrollment in the TDP for up 

to three (3) years from the date of the 

member’s death, if, on the date of the 

death of the member, the dependent is 

enrolled in the TDP, or is not enrolled 

by reason of discontinuance of a former 

enrollment under paragraphs 

(e)(3)(ii)(E)(4)(ii) and (c)(3)(ii)(E)(4)(iii) 

of this section, or is not enrolled 

because the dependent was under the 

minimum age for enrollment at the time 

of the member’s death. This continued 

enrollment is not contingent on the 

Selected Reserve or Individual Ready 

Reserve member’s own enrollment in 

the TDP. During the three-year period of 

continuous enrollment, the government 

will pay both the Government and the 

beneficiary’s portion of the premium 

share. 

* * * * * 

(i) Implementing Instructions. The 

Director, TRICARE Management 

Activity or designee may issue 

TRICARE Dental Program policies, 

standards, and criteria as may be 

necessary to implement the intent of 

this section. 

* * * * * 

Dated: September 14, 2005. 

L.M. Bynum, 

Alternate OSD Federal Register Liaison 

Officer, Department of Defense. 

[FR Doc. 05–18753 Filed 9–20–05; 8:45 am] 

BILLING CODE 5001–06–M 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[USCG–2005–22429] 

RIN 1625–AA11 

Safety Zones; Sector New Orleans; 

Barges 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing safety zones on the 

navigable waters of Sector New Orleans 

surrounding barges that have sustained 

damage requiring salvage operations 

during Hurricane Katrina. This action is 

necessary to provide for the safety of life 

and property during salvage operations, 

as well as to minimize effects on the 

navigable waters of Sector New Orleans. 

DATES: This rule is effective from 

September 19, 2005 through December 

31, 2005. 

ADDRESSES: Comments and material 

received from the public, as well as 

documents mentioned in this preamble 

as being available in the docket, are part 

of docket USCG–2005–22429 and are 

available for inspection or copying at 

the Docket Management Facility, U.S. 

Department of Transportation, room PL–

401, 400 Seventh Street, SW., 

Washington, DC, between 9 a.m. and 5 

p.m., Monday through Friday, except 

Federal holidays. You may also find this 

Federal Register / Vol. 70, No. 182 / Wednesday, September 21, 2005 / Rules and Regulations 55253 

docket on the Internet at http:// 

dms.dot.gov. 

SUPPLEMENTARY INFORMATION: 

Regulatory Information 

We did not publish a notice of 

proposed rulemaking (NPRM) for this 

regulation. Under 5 U.S.C. 553(b)(B), the 

Coast Guard finds that good cause exists 

for not publishing an NPRM. Publishing 

a NPRM would be contrary to the public 

interest, as there is an immediate need 

to quickly and safely remove damaged 

barges from the navigable waterways 

within Sector New Orleans. 

Under 5 U.S.C. 553(d)(3), the Coast 

Guard finds that good cause exists for 

making this rule effective less than 30 

days after publication in the Federal 

Register. This safety zone is needed 

immediately, in order to re-establish 

safe and efficient navigation within the 

navigable waterways. 

Background and Purpose 

On August 29, 2005, Hurricane 

Katrina struck the Gulf Coasts of 

Louisiana, Mississippi, and Alabama, 

causing severe damage throughout the 

area. The severity of the damage is still 

not fully known; however we are aware 

of a large number of barges that have 

been damaged and strewn throughout 

the waterways within the boundaries of 

Sector, New Orleans. Some of these 

barges are directly interfering with 

waterway traffic, while others present 

environmental or safety hazards. It is 

imperative that salvage operations begin 

on these barges in an orderly and 

efficient manner. 

Discussion of Rule 

This temporary rule establishes safety 

zones around those barges located in the 

waters within Sector New Orleans that 

sustained damage during Hurricane 

Katrina, when the damage was severe 

enough to require salvage operations. 

This temporary rule regulates salvage 

operations within those zones. It 

requires that a salvage plan be 

submitted to the COTP prior to 

beginning salvage operations on any 

Coast Guard inspected barge, as well as 

on any uninspected barge that is 

currently affecting waterway traffic. 

Additionally, for any barge requiring 

salvage operations that will affect 

waterway traffic, a salvage plan must be 

submitted to the COTP New Orleans for 

approval. 

For those uninspected barges that are 

not affecting the navigation channel or 

vessel traffic, this temporary final rule 

requires that the COTP be notified when 

salvage operations begin and end, even 

though a salvage plan is not required. 

Regulatory Evaluation 

This rule is not a ‘‘significant 

regulatory action’’ under section 3(f) of 

Executive Order 12866, Regulatory 

Planning and Review, and does not 

require an assessment of potential costs 

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

Order. The Office of Management and 

Budget has not reviewed it under that 

Order. It is not ‘‘significant’’ under the 

regulatory policies and procedures of 

the Department of Homeland Security 

(DHS). 

We expect the economic impact of 

this rule to be so minimal that a full 

Regulatory Evaluation under the 

regulatory policies and procedures of 

DHS is unnecessary. This is because the 

Coast Guard will allow barge owners 

and operators to salvage damaged 

barges. The Coast Guard is requiring the 

submission of salvage plans in order to 

ensure that these operations proceed 

smoothly, without having a detrimental 

effect on the navigable waterways 

within Sector New Orleans. 

Small Entities 

Under the Regulatory Flexibility Act 

(5 U.S.C. 601–612), we have considered 

whether this rule would have a 

significant economic impact on a 

substantial number of small entities. 

The term ‘‘small entities’’ comprises 

small businesses, not-for-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. 

This rule does not require a general 

notice of proposed rulemaking and, 

therefore, is exempt from the 

requirements of the Regulatory 

Flexibility Act. 

Assistance for Small Entities 

Under section 213(a) of the Small 

Business Regulatory Enforcement 

Fairness Act of 1996 (Pub. L. 104–121), 

we want to assist small entities in 

understanding the rule so that they can 

better evaluate its effects on them and 

participate in the rulemaking process. 

Small businesses may send comments 

on the actions of Federal employees 

who enforce, or otherwise determine 

compliance with, Federal regulations to 

the Small Business and Agriculture 

Regulatory Enforcement Ombudsman 

and the Regional Small Business 

Regulatory Fairness Boards. The 

Ombudsman evaluates these actions 

annually and rates each agency’s 

responsiveness to small business. If you 

wish to comment on actions by 

employees of the Coast Guard, call 1–

888–REG–FAIR (1–888–734–3247). 

Collection of Information 

The Office of Management and Budget 

has exempted this rule from the 

requirements of the Paperwork 

Reduction Act due to the emergency 

nature of the rule. 

Federalism 

A rule has implications for federalism 

under Executive Order 13132, 

Federalism, if it has a substantial direct 

effect on State or local governments and 

would either preempt State law or 

impose a substantial direct cost of 

compliance on them. We have analyzed 

this rule under that Order and have 

determined that it does not have 

implications for federalism. 

Unfunded Mandates Reform Act 

The Unfunded Mandates Reform Act 

of 1995 (2 U.S.C. 1531–1538) requires 

Federal agencies to assess the effects of 

their discretionary regulatory actions. In 

particular, the Act addresses actions 

that may result in the expenditure by a 

State, local, or tribal government, in the 

aggregate, or by the private sector of 

$100,000,000 or more in any one year. 

The Act does not require an assessment 

in the case of a rule issued without prior 

notice and public comment. 

Nevertheless, the Coast Guard does not 

expect this rule to result in such an 

expenditure. We discuss this rule’s 

effects elsewhere in this preamble. 

Taking of Private Property 

This rule will not effect a taking of 

private property or otherwise have 

taking implications under Executive 

Order 12630, Governmental Actions and 

Interference with Constitutionally 

Protected Property Rights. 

Civil Justice Reform 

This rule meets applicable standards 

in sections 3(a) and 3(b)(2) of Executive 

Order 12988, Civil Justice Reform, to 

minimize litigation, eliminate 

ambiguity, and reduce burden. 

Protection of Children 

We have analyzed this rule under 

Executive Order 13045, Protection of 

Children from Environmental Health 

Risks and Safety Risks. This rule is not 

an economically significant rule and 

does not create an environmental risk to 

health or risk to safety that may 

disproportionately affect children. 

Indian Tribal Governments 

This rule does not have tribal 

implications under Executive Order 

13175, Consultation and Coordination 

with Indian Tribal Governments, 

because it does not have a substantial 

direct effect on one or more Indian 

55254 Federal Register / Vol. 70, No. 182 / Wednesday, September 21, 2005 / Rules and Regulations 

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. 

Energy Effects 

We have analyzed this rule under 

Executive Order 13211, Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use. We have 

determined that it is not a ‘‘significant 

energy action’’ under that order because 

it is not a ‘‘significant regulatory action’’

under Executive Order 12866 and is not 

likely to have a significant adverse effect 

on the supply, distribution, or use of 

energy. The Administrator of the Office 

of Information and Regulatory Affairs 

has not designated it as a significant 

energy action. Therefore, it does not 

require a Statement of Energy Effects 

under Executive Order 13211. 

Technical Standards 

The National Technology Transfer 

and Advancement Act (NTTAA) (15 

U.S.C. 272 note) directs agencies to use 

voluntary consensus standards in their 

regulatory activities unless the agency 

provides Congress, through the Office of 

Management and Budget, with an 

explanation of why using these 

standards would be inconsistent with 

applicable law or otherwise impractical. 

Voluntary consensus standards are 

technical standards (e.g., specifications 

of materials, performance, design, or 

operation; test methods; sampling 

procedures; and related management 

systems practices) that are developed or 

adopted by voluntary consensus 

standards bodies. 

This rule does not use technical 

standards. Therefore, we did not 

consider the use of voluntary consensus 

standards. 

Environment 

We have analyzed this rule under 

Commandant Instruction M16475.1D, 

which guides the Coast Guard in 

complying with the National 

Environmental Policy Act of 1969 

(NEPA) (42 U.S.C. 4321–4370f), and 

have concluded that there are no factors 

in this case that would limit the use of 

a categorical exclusion under section 

2.B.2 of the Instruction. Therefore, this 

rule is categorically excluded, under 

figure 2–1, paragraph (34)(g.), of the 

Instruction, from further environmental 

documentation. This rule establishes a 

safety zone. 

A final ‘‘Environmental Analysis 

Check List’’ and a final ‘‘Categorical 

Exclusion Determination’’ are available 

in the docket where indicated under 

ADDRESSES. 

List of Subjects in 33 CFR Part 165 

Harbors, Marine safety, Navigation 

(water), Reporting and recordkeeping 

requirements, Security measures, 

Waterways. 

■ For the reasons discussed in the 

preamble, the Coast Guard amends 33 

CFR part 165 as follows: 

PART 165—REGULATED NAVIGATION 

AREAS AND LIMITED ACCESS AREAS 

■ 1. The authority citation for part 165 

continues to read as follows: 

Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. 

Chapter 701; 50 U.S.C. 191, 195; 33 CFR 

1.05–1(g), 6.04–1, 6.04–6, and 160.5; Pub. L. 

107–295, 116 Stat. 2064; Department of 

Homeland Security Delegation No. 0170.1. 

■ 2. Add temporary § 165.T08–999 to 

read as follows: 

§ 165.T08–999 Safety zones; Sector New 

Orleans. 

(a) Location. The following areas are 

safety zones: 

(1) A 25-yard radius surrounding all 

damaged barges located in navigable 

waters within Sector New Orleans. 

(b) Definitions. 

(1) The Captain of the Port New 

Orleans means the Commander, Coast 

Guard Sector New Orleans. 

(2) Damaged barge means a barge 

requiring salvage operations. 

(c) Regulations. 

(1) Salvage operations may not begin 

on any Coast Guard inspected barge 

located within a safety zone established 

by paragraph (a) of this section until the 

Captain of the Port New Orleans, or his 

designee, has approved a salvage plan 

for that barge. 

(2) Salvage operations may not begin 

on any uninspected barge located 

within a safety zone established by 

paragraph (a) of this section that is 

affecting waterway traffic until the 

Captain of the Port New Orleans, or his 

designee, has approved a salvage plan 

for that barge. 

(3) The Captain of the Port New 

Orleans, or his designee, must approve 

a salvage plan for any barge located 

within a safety zone established by 

paragraph (a) of this section when 

salvage operations on that barge will 

affect waterway traffic. 

(4) The salvage plan shall provide the 

information contained in the 

Brownwater Salvage Checklist. To 

receive the checklist, contact the Coast 

Guard Incident Command Post (ICP) in 

Alexandria, Virginia: 

(i) Via phone at: (318) 443–2084, (318) 

448–5351, or (318) 443–0651; 

(ii) Via fax at: (318) 443–2573; or 

(iii) Via e-mail at: 

secnolasalvage@yahoo.com. 

(5) The Captain of the Port New 

Orleans, or his designee, must be 

notified when salvage operations 

commence and are completed on 

uninspected barges located within a 

safety zone established by paragraph (a) 

of this section but not affecting the 

navigation channel or vessel traffic. 

(d) The salvage plan required in 

paragraph (c) above should be faxed to 

Coast Guard Incident Command Post 

(ICP) in Alexandria, LA at (318) 443–

2573, Attention: Salvage Group. You 

may contact the Salvage Operations 

Department at the ICP at (318) 443–

2084, (318) 448–5351, or (318) 443–0651 

for more information. 

(e) Enforcement. The U.S. Coast 

Guard may be assisted in the patrol and 

enforcement of the zone by Federal, 

State and local agencies. 

(f) Effective period. This section is 

effective from September 19, 2005 

through December 31, 2005. 

Dated: September 19, 2005. 

Steve Venckus, 

Chief, Office of Regulations & Administrative 

Law, Office of the Judge Advocate General, 

United States Coast Guard. 

[FR Doc. 05–18966 Filed 9–19–05; 1:18 pm] 

BILLING CODE 4910–15–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 174 

[OPP–2005–0211; FRL–7735–4] 

Bacillus Thuringiensis Cry34Ab1 and 

Cry35Ab1 Proteins and the Genetic 

Material Necessary for Their 

Production in Corn; Exemption from 

the Requirement of a Tolerance 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: This regulation establishes an 

exemption from the requirement of a 

tolerance for residues of the Bacillus 

thuringiensis Cry34Ab1 and Cry35Ab1 

proteins and the genetic material 

necessary for their production in corn 

on corn, field; corn, sweet; and corn, 

pop when applied/used as a plant–

incorporated protectant. Mycogen Seeds 

c/o Dow AgroSciences LLC submitted a 

petition to EPA under the Federal Food, 

Drug, and Cosmetic Act (FFDCA), as 

amended by the Food Quality Protection 

Act of 1996 (FQPA), requesting an 

exemption from the requirement of a 

tolerance. This regulation eliminates the