Federal Register / Vol. 60, No. 51 / Thursday, March 16, 1995 / Rules and Regulations 14223

to reflect completely the provisions of

the statute.

We also are deleting other references

in the section to the invalidated fault

requirement. We are eliminating

paragraph (c)(4), which requires that VA

be at fault to establish entitlement for

claims based on being transported while

in hospitalized status. Such claims will

now be adjudicated under the standard

applicable to hospitalization, treatment,

or examination. We are also making

corresponding changes to paragraph

(c)(7) to remove the fault requirement

for claims based on nursing home care.

The Secretary hereby certifies that

this interim final rule will not have a

significant economic impact on a

substantial number of small entities as

they are defined in the Regulatory

Flexibility Act (5 U.S.C. 601–612). This

rule will directly affect VA beneficiaries

but will not affect small businesses.

Therefore, pursuant to 5 U.S.C. 605(b),

this rule is exempt from the initial and

final regulatory flexibility analysis

requirements of section 603 and 604.

The Office of Management and Budget

has reviewed this regulatory action

under Executive Order 12866.

The Catalog of Federal Domestic

Assistance program number is 64.109.

List of Subjects in 38 CFR Part 3

Administrative practice and

procedure, Claims, Health care,

Individuals with disabilities, Pensions,

Veterans.

Approved: February 23, 1995.

Jesse Brown,

Secretary of Veterans Affairs.

For the reasons set forth in the

preamble, 38 CFR Part 3 is amended as

set forth below:

PART 3—ADJUDICATION

Subpart A—Pension, Compensation,

and Dependency and Indemnity

Compensation

1. The authority citation for part 3,

subpart A, continues to read as follows:

Authority: 38 U.S.C. 501(a), unless

otherwise noted.

2. In § 3.358, paragraph (c)(4) is

removed, and paragraphs (c)(5), (c)(6),

and (c)(7) are redesignated as

paragraphs (c)(4), (c)(5), and (c)(6),

respectively.

3. In § 3.358, paragraph (c)(3) is

revised, and redesignated paragraph

(c)(6) is amended by revising the third

sentence, to read as follows:

§ 3.358 Determinations for disability or

death from hospitalization, medical or

surgical treatment, examinations or

vocational rehabilitation training (§ 3.800).

* * * * *

(c) * * *

(3) Compensation is not payable for

the necessary consequences of medical

or surgical treatment or examination

properly administered with the express

or implied consent of the veteran, or, in

appropriate cases, the veteran’s

representative. ‘‘Necessary

consequences’’ are those which are

certain to result from, or were intended

to result from, the examination or

medical or surgical treatment

administered. Consequences otherwise

certain or intended to result from a

treatment will not be considered

uncertain or unintended solely because

it had not been determined at the time

consent was given whether that

treatment would in fact be

administered.

* * * * *

(6) * * * If additional disability

results from medical or surgical

treatment or examination through

negligence or other wrongful acts or

omissions on the part of such a nursing

home, its employees, or its agents,

entitlement does not exist under this

section unless there was an act or

omission on the part of the Department

of Veterans Affairs independently giving

rise to such entitlement and such acts

on the part of both proximately caused

the additional disability.

(Authority: 38 U.S.C. 1151)

[FR Doc. 95–6510 Filed 3–15–95; 8:45 am]

BILLING CODE 8320–01–P

DEPARTMENT OF HEALTH AND

HUMAN SERVICES

Health Care Financing Administration

42 CFR Part 410

[BPD–724–F]

RIN 0938–AF26

Medicare Program; Medicare Coverage

of Screening Mammography;

Correction

AGENCY: Health Care Financing

Administration (HCFA), HHS.

ACTION: Correcting amendment.

SUMMARY: This document corrects a

technical error that appeared in the final

regulations published in the Federal

Register on September 30, 1994 (59 FR

49826). Those regulations, in part,

established conditions for coverage of

diagnostic mammography that are

similar to those we had established for

screening mammography. This

correcting amendment restates the

applicability of diagnostic

mammography to men as well as to

women.

EFFECTIVE DATE: October 1, 1994.

FOR FURTHER INFORMATION CONTACT:

William Larson, (410) 966–4639.

SUPPLEMENTARY INFORMATION: This

document corrects a technical error that

appeared in the final regulations

published in Federal Register

Document [94–24335] on September 30,

1994 (59 FR 49826). Those regulations,

in part, established conditions for

coverage of diagnostic mammography

that are similar to those we had

established for screening

mammography.

The regulation set forth at 42 CFR

410.34 (‘‘Mammography services:

Conditions for and limitations on

coverage’’) contains an omission, which

may prove to be misleading. In the

definition of ‘‘diagnostic

mammography’’ in paragraph (a)(1) of

§ 410.34, we inadvertently failed to

include a symptomatic man in the

coverage of services under the

diagnostic mammography benefit. This

correcting amendment restates the

applicability of diagnostic

mammography to men as well as to

women. Therefore, we are correcting

§ 410.34(a)(1) to clarify that a

symptomatic man or woman can receive

coverage of services under the

diagnostic mammography benefit.

We wish to note that section 1861(jj)

of the Social Security Act states

explicitly that ‘‘screening’’

mammography is covered only for

women. Section 410.34(a)(2), relating to

the definition of screening

mammography, is correct as it reads,

based on current law.

List of Subjects in 42 CFR Part 410

Health facilities, Health professions,

Kidney diseases, Laboratories,

Medicare, Rural areas, X-rays.

Accordingly, 42 CFR part 410 is

corrected by making the following

correcting amendment:

PART 410—[AMENDED]

1. The authority citation for part 410

continues to read as follows:

Authority: Secs. 1102 and 1871 of the

Social Security Act (42 U.S.C. 1302 and

1395hh).

2. In § 410.34, the introductory text of

paragraph (a) is republished, and

paragraph (a)(1) is revised to read as

follows:
14224 Federal Register / Vol. 60, No. 51 / Thursday, March 16, 1995 / Rules and Regulations

1Within the allowed 720 cumulative hours of

operation, there are no limits on the amount of

permitted consecutive hours or number of separate

uses of unapproved equipment.

§ 410.34 Mammography services:

Conditions for and limitations on coverage.

(a) Definitions. As used in this

section, the following definitions apply:

(1) Diagnostic mammography means a

radiologic procedure furnished to a

symptomatic man or woman for the

purpose of detecting breast disease and

includes a physician’s interpretation of

the results of the procedure.

* * * * *

(Catalog of Federal Domestic Assistance

Program No. 93.774, Medicare—

Supplementary Medical Insurance)

Dated: March 7, 1995.

Neil J. Stillman,

Deputy Assistant Secretary for Information

Resources Management.

[FR Doc. 95–6501 Filed 3–15–95; 8:45 am]

BILLING CODE 4120–01–P

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Part 74

[MM Docket No. 93–154; FCC 95–69]

Aural Broadcast Station Auxiliary

Facilities

AGENCY: Federal Communications

Commission.

ACTION: Final rule.

SUMMARY: This document adopts rules

to permit certain unapproved

transmitters to be retained and used for

backup operations in the band 944–952

MHz at aural broadcast stations’

auxiliary facilities. The rule will permit

broadcast licensees to temporarily use

their outmoded equipment, which has

been displaced from full time operation

by approved equipment, for backup

operations at auxiliary facilities.

EFFECTIVE DATE: April 17, 1995.

FOR FURTHER INFORMATION CONTACT:

Bernard Gorden, Mass Media Bureau,

(202) 418–2190.

SUPPLEMENTARY INFORMATION: Adopted:

February 24, 1995; Released: March 7,

1995 By the Commission:

Introduction

1. We herein amend Sections 74.550

of our rules to permit certain

unapproved transmitters in the band

944–952 MHz which have been

displaced by approved equipment for

primary use to be retained for backup

purposes at Aural Broadcast Auxiliary

Stations.

Background

2. In 1985, the Commission adopted a

Report and Order in MM Docket No.

85–36, 50 FR 48596, January 26, 1985,

which required all new transmitters for

aural studio transmitter-link/intercity

relay (STL/ICR) operation in the 944–

952 MHz frequency band to be approved

prior to marketing. Continued use of

existing non-approved equipment was

allowed for a period ending on July 1,

1990, which was later extended to July

1, 1993, 55 FR 3062, January 30, 1990.

3. In June of 1993, the Notice of

Proposed Rule Making in MM Docket

No. 93–154, 58 FR 33923, June 22, 1993,

(‘‘NPRM’’) in the above-entitled matter

was issued in response to informal

suggestions from various parties that the

Commission should permit the retention

and use of existing unapproved aural

broadcast auxiliary transmitters for

backup purposes. This proposal would

permit broadcasters to retain and use

their existing unapproved primary

equipment as backup equipment after it

was displaced from primary service by

approved equipment under the

requirements of our rules. The proposal

was intended to avoid burdening

licensees with additional expenditures

to replace infrequently used backup

transmitters with approved equipment,

and to permit the installation of backup

facilities in situations which have not

previously been practicable. Backup

auxiliary service facilities are used by

many broadcast station licensees to

avoid undue disruption in programming

should the regular auxiliary transmitter

fail or require servicing. Thus, the

Commission concluded that limited

short-term backup use of unapproved

equipment could be permitted. The

Commission, therefore, proposed to

allow all transmitters removed from

primary service to be retained for

backup purposes, provided no

interference is caused and that such

transmitters are not used for more than

720 cumulative hours per year without

explicit Commission authority.1 In

addition, the NPRM stated that the

Commission would allow licensees to

retain unapproved equipment for

backup purposes until final action is

taken in this proceeding, and thereafter

if the proposed rule is adopted.

Comments

4. Comments supporting adoption of

the proposed amendments of Section

74.550 were received from the National

Association of Broadcasters (‘‘NAB’’)

and National Public Radio (‘‘NPR’’). No

opposing comments were received.

5. NAB states that many stations have

purchased new equipment to comply

with the current requirements of Section

74.550 of the Commission’s rules. NAB

notes that given the current financial

conditions prevailing in the broadcast

industry, most licensees cannot justify

purchasing additional equipment for

backup facilities. However, while their

old equipment does not meet the new

more stringent standards, NAB and NPR

suggest the old equipment is fully

functional and is more than adequate for

backup purposes.

Discussion

6. We have reviewed the comments

and conclude for the reasons advanced

in the NPRM that adoption of the

proposal would serve the public

interest. We further agree with NPR that

there should not be any significant

adverse consequences from continued

use of unapproved STL/ICR equipment

under the conditions proposed in the

NPRM. These backup transmitters can

maintain the broadcast station’s ability

to provide continued service in the

event of primary equipment failure

without undue risk of harmful

interference. However, we caution

licensees that the unapproved

equipment has wider channel

bandwidth, and thus, may be prone to

cause interference, especially in

congested spectrum-use areas. Licensees

must not use the unapproved equipment

on a regular or primary basis and

stations using such equipment should

be prepared to demonstrate that it

normally uses approved equipment. A

licensee is not permitted to obtain

unapproved equipment from other

licensees or other sources for backup

use. Our action here is intended only to

permit the retention and continued use,

in a backup role of equipment that a

licensee already possesses.

Procedural Matters

7. Regulatory Flexibility Act. We

certify that the regulatory Flexibility Act

of 1980 does not apply to this

rulemaking proceeding because there

will to be a significant negative

economic impact on a substantial

number of small business entities, as

defined by Section 601(3) of the

Regulatory Flexibility Act. Pub. L. No.

96–354.94 Stat.1164.5 U.S.C. Section

601 et seq (1981).

8. Therefore, it is ordered that

pursuant to Sections 4(i) and 303(r) of

the Communications Act of 1934, as

amended, that effective April 17, 1995.

Part 74 of the Commission’s Rules and

Regulations is amended as set forth

below. It is further ordered that this

proceeding is terminated.

9. Further information may be

obtained from Bernard Gorden, Mass