Federal Register / Vol. 66, No. 28 / Friday, February 9, 2001 / Rules and Regulations 9651

INTERNAL REVENUE SERVICE

26 CFR Part 1

Filing of Consolidated Returns

CFR Correction

In Title 26 of the Code of Federal

Regulations, Part 1 (§ 1.1401 to End),

revised as of April 1, 2000, in § 1.1502–

75, paragraph (k) is corrected by

correctly revising ‘‘See § 1.338(h)(10)–

T(d)(7)’’ to read ‘‘See § 1.338(h)(10)–

1T(d)(7)’’.

[FR Doc. 01–55500 Filed 2–8–01; 8:45 am]

BILLING CODE 1505–01–D

DEPARTMENT OF DEFENSE

Office of the Secretary

32 CFR Part 199

RIN 0720–AA62

Civilian Health and Medical Program of

the Uniformed Services (CHAMPUS)/

TRICARE; Partial Implementation of

Pharmacy Benefits Program;

Implementation of National Defense

Authorization Act Medical Benefits for

Fiscal Year 2001

AGENCY: Office of the Secretary, DoD.

ACTION: Interim final rule.

SUMMARY: This interim final rule

implements several sections of the

Floyd D. Spence National Defense

Authorization Act for Fiscal Year 2001.

The rule allows coverage of physical

examinations for beneficiaries ages 5

through 11 that are required in

connection with school enrollment;

provides an additional two-year period

for survivors of deceased active-duty

members to remain eligible for

TRICARE medical and dental benefits at

active-duty dependent rates; extends

eligibility for medical and dental

benefits to Medal of Honor recipients

and their immediate dependents in the

same manner as if the recipient were

entitled to retired pay; partially

implements the Pharmacy Benefits

Program establishing revised copays and

cost-shares for the prescription drug

benefit; implements the TRICARE

Senior Pharmacy Program by

establishing a new eligibility for

prescription drug benefits for Medicareeligible retirees; allows a waiver of

copayments, cost-shares, and

deductibles for all Uniformed Services

TRICARE eligible active duty family

members residing with their TRICARE

Prime Remote eligible Active Duty

Service Member Sponsor within a

TRICARE Prime Remote designated area

until implementation of the TRICARE

Prime Remote for Family Member

Program or October 30, 2001, whichever

is later; provides for the elimination of

TRICARE Prime copayments for active

duty family members enrolled in

TRICARE Prime; provides for the

reimbursement of reasonable travel

expenses for TRICARE Prime

beneficiaries referred by a primary care

provider to a specialty care provider

who provides services over 100 miles

away; and reduces the maximum

amount which retirees, their family

members and survivors would be liable

from $7,500 to $3,000. The Department

is publishing this rule as an interim

final rule in order to meet statutorily

required effective dates. Public

comments, however, are invited and

will be considered as to possible

revisions to this rule.

DATES: This rule is effective April 10,

2001. Written comments will be

accepted until April 10, 2001.

ADDRESSES: Forward comments to

Medical Benefits and Reimbursement

Systems, TRICARE Management

Activity, 16401 East Centretech

Parkway, Aurora, CO 80011–9043.

FOR FURTHER INFORMATION CONTACT:

Tariq Shahid, Medical Benefits and

Reimbursement Systems, TRICARE

Management Activity, Office of the

Assistant Secretary of Defense (Health

Affairs), telephone (303) 676–3801.

Questions regarding payment of specific

CHAMPUS claims should be addressed

to the appropriate TRICARE/CHAMPUS

contractor.

SUPPLEMENTARY INFORMATION:

I. Overview of the Rule

On October 30, 2000, the Floyd D.

Spence National Defense Authorization

Act for Fiscal Year 2001 (Pub. L. 106–

398) was signed into law. This interim

final rule implements provisions of this

Act that were effective upon the date of

enactment or a date within 180 days

thereafter. Specifically, this rule

implements the following sections of

this Act:

Section 703, school required

physicals, which was effective on the

date of enactment;

Section 704, two-year extension of

benefits for survivors, which was

effective on the date of enactment;

Section 706, benefits for Medal of

Honor recipients, which was effective

on the date of enactment;

Section 711, TRICARE Senior

Pharmacy Program, which is effective

April 1, 2001;

Section 722, that portion of TRICARE

Prime Remote for Family Members that

was effective on the date of enactment;

Section 752, elimination of

copayments for Active Duty Dependents

in TRICARE Prime, which the statute

requires be implemented within 180

days;

Section 758, reimbursement of certain

travel expenses for TRICARE Prime

beneficiaries, which was effective on the

date of enactment; and

Section 759, reduction of retiree

catastrophic cap, which was effective on

the date of enactment.

In addition, because of the effect on

the overall pharmacy program of the

new TRICARE Senior Pharmacy

Program and the change in TRICARE

Prime active duty dependent

copayments, this rule also partially

implements the Pharmacy Benefits

Program, as authorized by Section 1074g

of title 10, United States Code, as a

significant step toward expected

implementation late in 2001 of the

comprehensive Pharmacy Benefits

Program.

II. School Requried Physicals

This rule implements Section 703 of

the National Defense Authorization Act

for Fiscal Year 2001 which extends

coverage of physical examinations to

CHAMPUS eligible beneficiaries ages 5

through 11 that are required in

connection with school enrollment. The

scope of the legislative provision

encompasses all programs and

beneficiary categories (i.e., coverage

extends to active duty dependents,

retirees and their dependents under

TRICARE Prime, Standard and Extra

plans). These newly covered school

physicals will be recognized as

preventive services, and as such, subject

to the same cost-sharing/copayment and

referral/authorization requirements as

prescribed under TRICARE Prime and

Standard/Extra clinical preventive

benefits. TRICARE Prime enrollees will

not be required to pay copayments or

seek referral/authorization from their

primary care managers (PCMs) unless

they go to a non-network provider.

While Standard and Extra beneficiaries

will not require referral and/or

authorization, they will have to pay the

applicable cost-sharing and deductibles

for preventive services as prescribed

under their respective plans.

School physicals for TRICARE Prime

enrollees ages 5 through 11 will be

covered under the enhanced benefit

provision of the CHAMPUS

administering regulation (32 CFR

199.18(b)(3)), which allows benefit

enhancements and waiver or relaxation

of benefit restrictions under the Uniform

HMO Benefit at the discretion of the

Assistant Secretary of Defense (Health

Affairs). However, since coverage also

9652 Federal Register / Vol. 66, No. 28 / Friday, February 9, 2001 / Rules and Regulations

extends to both Standard and Extra

beneficiaries, an exception will be

added to the preventive care general

exclusion (32 CFR 199.4(g)(37)) that will

allow school physicals for these

beneficiary categories (i.e., active duty

family members, retirees and their

family members that are seeking care

under Standard or Extra plans).

III. Two-Year Extension of Benefits for

Survivors

This rule implements Section 704 of

the National Defense Authorization Act

for Fiscal Year 2001 which amended

chapter 55 of title 10, United States

Code, replacing the one-year period

with an additional two-year extension

for survivors of deceased active-duty

members to remain eligible for

TRICARE medical and dental benefits at

active-duty dependent rate. Before the

Authorization Act, survivors of

members who die while on active duty

were allowed to continue participation

in TRICARE Prime, Extra, or Standard

as active-duty dependent family

members for a period of one year

following the date of death of the

deceased member. At the end of the

one-year period, these family members

continued eligibility for care under

TRICARE, but faced higher out-ofpocket costs as non-active-duty

dependents. With respect to the

TRICARE dental insurance benefits,

family members enrolled in the

TRICARE Dental Program (TDP) at the

time of the member’s death, continued

to receive benefits for one year from the

member’s date of death, with the

Government paying 100 percent of the

TDP premiums.

IV. Benefits for Medal of Honor

Recipients

This rule implements Section 706 of

the National Defense Authorization Act

for Fiscal Year 2001 which amended

chapter 55 of title 10, United States

Code, by adding a new Section 1074h.

Section 1074h expands eligibility to

Medal of Honor recipients who are not

otherwise entitled to medical and dental

care including their immediate

dependents. They are entitled to the

same medical and dental benefit that is

provided to former members who are

entitled to military retired pay and the

dependents of those former members.

To receive TRICARE/CHAMPUS

benefits, they must register in the

Defense Enrollment Eligibility Reporting

System (DEERS).

V. Partial Implementation of Pharmacy

Benefits Program

The Secretary of Defense is required

under title 10, United States Code,

Section 1074g, to establish an effective,

efficient, and integrated Pharmacy

Benefits Program. The Secretary may

establish cost sharing requirements

under the Pharmacy Benefits Program as

a percentage and/or fixed dollar amount

for generic, formulary (non-generic), and

non-formulary pharmaceutical agents.

Designation of pharmaceutical agents as

non-formulary will be based upon an

evaluation of the agent’s clinical and

cost-effectiveness in comparison to

other agents in the therapeutic class by

the Department of Defense (DoD)

Pharmacy and Therapeutics Committee

and the comments of that evaluation by

the Uniform Formulary Beneficiary

Advisory Committee. The Department is

unable to implement the portion of the

Pharmacy Benefits Program that allows

classification of a drug as non-formulary

until Proposed and Final Rules fully

implementing the Pharmacy Benefits

Program have been published and

required Committees become

operational. However, partial

implementation of the Pharmacy

Benefits Program, including reform of

cost sharing requirements under Section

1074g should proceed now in

connection with the April 1, 2001, start

date of the TRICARE Senior Pharmacy

Program and overall reform of TRICARE

Prime active duty dependent

copayments.

The prescription drug and medicine

benefit under CHAMPUS includes the

Food and Drug Administration

approved drugs and medicines that by

United States law require a physician’s

or other authorized individual

professional provider’s prescription

(acting within the scope of their license)

that has been ordered or prescribed by

them. The benefit does not include

prescription drugs for medical

conditions that are expressly excluded

from the TRICARE benefit by statute or

regulation. Pharmaceutical agents are

subject to preauthorization or utilization

review requirements to assure medical

necessity. Until full implementation of

the Pharmacy Benefits Program under

which all authorized drugs will be

classified as generic, formulary, or nonformulary, during this period of partial

implementation, drugs and medicines

shall be designated as either generic

drugs and medicines, which are those

that have the identical chemical

composition of a name brand drug or

medicine, or non-generic (or brand

name) drugs.

Up to now, cost sharing requirements

have been based upon beneficiary

status, enrollment or non-enrollment in

TRICARE Prime, and the location where

the drug or medicine is purchased, i.e.,

the point of sale, such as a military

treatment facility, network or nonnetwork pharmacy, or the National Mail

Order Pharmacy (NMOP). This led to a

complex set of cost sharing

requirements, difficult for beneficiaries

to understand, lacking in clear

incentives for appropriate use, and

inconsistent with evolving industry

practice. DoD is implementing new cost

sharing requirements in this regulation,

consistent with the Congressional

direction to modernize the pharmacy

program. Cost sharing requirements will

no longer be based upon beneficiary

status, except for active duty members

who never pay copays. Cost sharing

requirements of prescription drugs and

medicines based upon their status as

generic or non-generic are being

implemented through this interim final

rule. Cost sharing requirements will no

longer be based upon a beneficiary’s

enrollment or non-enrollment in

TRICARE Prime (except point of service

charges will still apply), but will be

based upon the drug or medicine’s

status as generic or non-generic and its

point of sale.

The new cost sharing structure is

based on commercial industry practices

in pharmacy benefit design and benefit

management. Cost sharing amounts

were selected to assure that all

beneficiaries could obtain a reduction in

their current cost sharing through use of

generic products, and that brand-name

cost sharing was substantially higher

than generic without unduly penalizing

beneficiaries in relation to their current

cost sharing levels.

Active duty members do not pay a

cost-share. Cost sharing requirements

for pharmaceutical agents for all other

beneficiaries will be based upon the

generic/non-generic status and the point

of sale (i.e., network pharmacy, nonnetwork pharmacy, NMOP) from which

the agent was acquired. There is a $9.00

copay per prescription required under

the retail pharmacy network program for

up to a 30-day supply of a non-generic

drug or medicine, and a $3.00 copay for

up to a 30-day supply of a generic drug

or medicine. There is a $9.00 copay per

prescription required under the NMOP

program for up to a 90-day supply of a

non-generic drug or medicine, and a

$3.00 copay for up to a 90-day supply

of a generic drug or medicine. There is

a 20 percent or $9.00 (whichever is

greater) copay per prescription required

for all drugs obtained under the retail

pharmacy non-network program for up

to a 30-day supply. The TRICARE

Standard annual deductible of $150

individual/$300 family (or $50

individual/$100 family for lower grade

enlisted families) applies to services

obtained from non-network pharmacies.

Federal Register / Vol. 66, No. 28 / Friday, February 9, 2001 / Rules and Regulations 9653

The TRICARE annual catastrophic cap

of $1,000 for active duty families and

$3,000 for retiree families (as reduced

by the Fiscal Year 2001 National

Defense Authorization Act) also applies.

TRICARE Prime enrollees generally face

higher ‘‘point-of-service’’ cost sharing

when they obtain non-network services,

as described in § 199.17(n). With regard

to pharmacy services, TRICARE Prime

beneficiaries who use non-network

pharmacies will face point-of-service

cost sharing rather than the 20 percent

cost sharing which applies to TRICARE

Standard beneficiaries. This point-ofservice cost sharing includes a

deductible of $300 individual or $600

family, and a 50 percent cost share. No

deductibles apply to prescription drugs

acquired from network retail

pharmacies and NMOP.

The revised co-pay amounts simplify

the cost share structure and are

consistent with the best business

practices used in the private sector. The

co-pay amounts were selected because

they provide an equitable adjustment

across the current co-pay matrix, will

encourage the use of cost effective

sources of pharmaceuticals for both the

beneficiaries and the government, and

will encourage the use of generic

products where clinically appropriate.

For most beneficiaries and in most

circumstances, cost sharing will be

reduced under the new cost sharing

structure; in all cases beneficiaries will

have lower costs if they use generic

products. The pricing structure reflects

a reduction for active duty dependents

using the National Mail Order

Pharmacy. In some cases, beneficiaries

will pay more than at present if they

obtain brand-name products: active duty

family members will pay $4 to $5 more

for brand-name products, and retirees

and their family members will pay $1.00

more for mail order brand-name

products. We solicit comment on the

structure and amount of pharmacy cost

sharing described above.

VI. TRICARE Senior Pharmacy

Program

This rule implements Section 711 of

the National Defense Authorization Act

for Fiscal Year 2001, which establishes

the TRICARE Senior Pharmacy Program

for DoD beneficiaries who are 65 years

of age and older, effective April 1, 2001.

Under the TRICARE Senior Pharmacy

Program, the Act requires the same

coverage for pharmacy services and the

same requirements for cost sharing and

reimbursement as are applicable under

Section 1086 of title 10, United States

Code.

As specified further in the regulation,

to be eligible for the TRICARE Senior

Pharmacy Program, a person is required

to be a retiree, dependent, or survivor

who is Medicare eligible, 65 years of age

or older, and enrolled in Medicare Part

B (except for a person who attained age

65 prior to April 1, 2001).

To receive benefits under the

TRICARE Senior Pharmacy Program,

beneficiaries must register in the

Defense Enrollment and Eligibility

Reporting System (DEERS). Currently,

the TRICARE Senior Pharmacy Program

beneficiaries are not eligible to enroll in

TRICARE Prime.

The benefit under the TRICARE

Senior Pharmacy Program includes the

Basic Program pharmacy benefit as

found under 32 CFR 199.4(d)(vi). The

senior beneficiaries are entitled to the

same pharmacy benefit that was found

at 32 CFR 199.17(k), but it is no longer

limited to the Base Realignment and

Closure (BRAC) sites and access to nonnetwork retail drugstores is included.

These beneficiaries will have access to

retail network pharmacies, non-network

pharmacies, and the National Mail

Order Pharmacy (NMOP) program with

the associated revised copays and costshares as described under Partial

Implementation of Pharmacy Benefits

Program, above. For prescription drugs

acquired from non-network retail

pharmacies, the Senior Pharmacy

Program beneficiaries are subject to

TRICARE Standard annual deductible of

$150 individual/$300 family. The

catastrophic cap of $3000.00 per federal

fiscal year, as reduced by the Fiscal Year

2001 National Defense Authorization

Act, will apply to beneficiaries who are

eligible under the TRICARE Senior

Pharmacy Program.

The double coverage rules in 32 CFR

199.8 are applicable to services

provided to all beneficiaries under the

retail pharmacy network, retail

pharmacy non-network, or NMOP

programs. For this purpose, to the extent

they provide a prescription drug benefit,

Medicare supplemental insurance plans

or Medicare HMO plans are double

coverage plans and will be the primary

payor.

The TRICARE Senior Pharmacy

Program will replace the BRAC

pharmacy benefit and the Pharmacy

Redesign Pilot Program in accordance

with Section 711 of the Act.

VII. TRICARE Prime Remote for Family

Members

This interim final rule implements

Section 722(b)(2) of the National

Defense Authorization Act for Fiscal

Year 2001 (Public Law 106–398) which

modified Section 731(b) of the National

Defense Authorization Act for Fiscal

Year 1998 (Public Law 105–85). This

rule provides a waiver of charges for

TRICARE eligible family members

residing with their active duty

uniformed services, TRICARE Prime

Remote eligible sponsor who are not

enrolled in TRICARE Prime.

Full implementation of the TRICARE

Prime Remote program for active duty

family members will be subject of a

proposed rule to be published soon. The

TRICARE Prime Remote program will

supplant the waiver of charges

described in this rulemaking, effective

October 30, 2001 or later. In order to

obtain coverage under the follow-on

TRICARE Prime Remote program, it will

be proposed that eligible beneficiaries

will be required to enroll in TRICARE

Prime and be subject to many of the

rules of TRICARE Prime. Full details

will be provided in the proposed rule to

be published soon.

Some Active Duty Service Members

(ADSM) are assigned Permanent Change

of Station Orders to locations where

Military Treatment Facilities are

unavailable. TRICARE Prime Remote

(TPR) was established by Section 731(b)

of the National Defense Authorization

Act for Fiscal Year 1998 to provide a

TRICARE Prime-like benefit. As defined

by 10 U.S.C. 1074(c)(3) the benefit is for

ADSM assigned to remote locations,

who pursuant to that assignment, work

and reside at a location that is more

than 50 miles, or approximately one

hour of driving time to the nearest

military medical treatment facility.

ADSM who are TPR eligible are

required to enroll in TPR. Starting

October 30, 2000, TRICARE eligible

Active Duty Family Members residing

with TPR eligible ADSM sponsors

within a TRICARE Prime Remote

designated area, have copayments, costshares, and deductibles waived for

CHAMPUS covered benefits, except for

pharmacy benefits, until the

implementation of TRICARE Prime

Remote for Family Members or October

30, 2001 whichever is later. Noncovered CHAMPUS benefits are not

waived and shall be processed

according to current requirements. The

claims processor will pay the waived

portion of the claim to the eligible

family member or the provider, as

appropriate. If the claims processor is

able to determine the eligible family

member has already paid the waived

portion of the claim the processor shall

reimburse the family member.

Retrospective payments of waived

charges for dates of service on or after

October 30, 2000 are authorized.

Eligible family members will be able

to access authorized providers without

preauthorization. However, when

accessing care, eligible family members

9654 Federal Register / Vol. 66, No. 28 / Friday, February 9, 2001 / Rules and Regulations

are required to use network providers

where and when available within the

TRICARE access standards to obtain the

waiver of charges. If a network provider

cannot be identified within the access

standards established under TRICARE,

the eligible family member shall use an

authorized provider to be eligible for the

waiver. Existing specialty care

preauthorization requirements remain

in affect for eligible family members

enrolled in TRICARE Prime. To the

greatest extent possible, contractors will

assist eligible family members in finding

a TRICARE network, participating, or

authorized provider.

VIII. Elimination of TRICARE Prime

Copayments for Dependents of Active

Duty Members

Section 752 of the National Defense

Authorization Act for Fiscal Year 2001

provides that no copayment shall be

charged for care provided under

TRICARE Prime to a dependent of a

member of the uniformed services.

Copayments for prescriptions and pointof-service (POS) charges are not covered

by this provision and will continue to

be applied. Copayments for

prescriptions will be in accordance with

those authorized by 10 U.S.C. 1074g,

partially implemented by this rule. This

is consistent with the Conference

Committee Report statement that ‘‘it is

not the intent of the conferees to

eliminate copayments for

pharmaceutical benefits under the mail

order pharmacy program or such similar

cost shares.’’ (H. Conf. Rept. No 106–

945, p. 819–20.) Point-of-service charges

are not covered by Section 752 because

they are not for care provided under

TRICARE Prime, but rather for care

provided outside the TRICARE Prime

network structure under the POS

option. The POS option allows enrollees

to self-refer for non-emergency health

care services to any TRICARE

authorized civilian provider. The

elimination of copayments applies to all

CHAMPUS-covered services received by

a TRICARE Prime active duty family

member on or after April 1, 2001.

IX. Reimbursement of Reasonable

Travel Expenses for Distant Referrals of

TRICARE Prime Beneficiaries

Section 758 of the National Defense

Authorization Act for Fiscal Year 2001

provides reimbursement of reasonable

travel expenses for TRICARE Prime

beneficiaries referred by their primary

care manager to a specialty care

provider who provides services more

than 100 miles from the primary care

manager’s office.

X. Reduction of Retiree Catastrophic

Cap

Section 759 of the National Defense

Authorization Act for Fiscal Year 2001

modified chapter 55 of title 10, United

States Code, by amending Section

1086(b)(4) and reducing the catastrophic

cap on payments from $7,500 to $3,000

for retirees, their family members and

survivors.

XI. Regulatory Procedures

Executive Order 12866 requires

certain regulatory assessments for any

significant regulatory action, defined as

one which would result in an annual

effect on the economy of $100 million

or more, or have other substantial

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 which would have a

significant impact on a substantial

number of small entities.

This Interim Final Rule is a

significant regulatory action under

Executive Order 12866, as it would add

over $200 million for DoD in annual

healthcare benefit costs. This cost

estimate is based on historical TRICARE

costs and an assessment of potential

users times average benefit costs per

person for each of the provisions

addressed. Benefits of the interim final

rule include an increased level of health

care, particularly pharmacy coverage for

Medicare-eligible beneficiaries of the

Department of Defense military health

system. It has been determined to be

major under the Congressional Review

Act. However, this rule does not require

a regulatory flexibility analysis as it

would have no significant economic

impact on a substantial number of small

entities. This interim final rule will not

impose additional information

collection requirements on the public

under the Paperwork Reduction Act of

1995 (44 U.S.C. 3501–3511).

This rule is being issued as an interim

final rule, with comment period, as an

exception to our standard practice of

soliciting public comments prior to

issuance. The Acting Assistant Secretary

of Defense (Health Affairs) has

determined that following the standard

practice in this case would be

impracticable, unnecessary, and

contrary to the public interest. This rule

implements statutory requirements

which became effective on the date of

enactment of the Floyd D. Spence

National Defense Authorization Act for

Fiscal Year 2001 (Pub. L. 106–398),

October 30, 2000, or within 180 days

thereafter. Public comments could not

be solicited and considered within the

period allowed by law.

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.

List of Subjects in 32 CFR Part 199

Claims, Dental health, Health care,

Health insurance, Individuals with

disabilities, Military personnel.

Accordingly, 32 CFR part 199 is

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 199.3 is amended by

revising paragraph (b)(2)(i)(D), by

redesignating (b)(3) as paragraph

(b)(2)(iii)(B)(3), by adding new

paragraphs (b)(3) and (b)(4), and by

revising paragraph (f)(3)(vi) and

paragraph (f)(3)(vii) preceding the note

to read as follows:

§ 199.3 Eligibility.

* * * * *

(b) * * *

(2) * * *

(i) * * *

(D) Must not be eligible for Part A of

Title XVIII of the Social Security Act

(Medicare) except as provided in

paragraphs (b)(3), (f)(3)(viii) and

(f)(3)(ix) of this section; and

* * * * *

(4) Eligibility under TRICARE Senior

Pharmacy Program. Section 711 of the

National Defense Authorization Act for

Fiscal Year 2001 (Public Law 106–398,

114 Stat. 1654) established the TRICARE

Senior Pharmacy Program effective

April 1, 2001. To be eligible for this

program, a person is required to be:

(i) Medicare eligible, who is:

(A) 65 years of age or older; and

(B) Entitled to Medicare Part A; and

(C) Enrolled in Medicare Part B,

except for a person who attained age 65

prior to April 1, 2001, is not required to

enroll in Part B; and

(ii) Otherwise qualified under one of

the following categories:

(A) A retired uniformed service

member who is entitled to retired or

retainer pay, or equivalent pay

including survivors who are annuitants;

or

(B) A dependent of a member of the

uniformed services described in one of

the following:

Federal Register / Vol. 66, No. 28 / Friday, February 9, 2001 / Rules and Regulations 9655

(1) A member who is on active duty

for a period of more than 30 days or

died while on such duty; or

(2) A member who died from an

injury, illness, or disease incurred or

aggravated while the member was:

(i) On active duty under a call or order

to active duty of 30 days or less, on

active duty for training, or on inactive

duty training; or

(ii) Traveling to or from the place at

which the member was to perform or

had performed such active duty, active

duty for training, or inactive duty

training.

Note to paragraph (b)(3)(ii)(B): Dependent

under Section 711 of the National Defense

Authorization Act for Fiscal Year 2001

includes spouse, unremarried widow/

widower, child, parent/parent-in-law,

unremarried former spouse, and unmarried

person in the legal custody of a member or

former member, as those terms of

dependency are defined and periods of

eligibility are set forth in 10 U.S.C. 1072(2).

(5) Medal of Honor recipients. (i) A

former member of the armed forces who

is a Medal of Honor recipient and who

is not otherwise entitled to medical and

dental benefits has the same CHAMPUS

eligibility as does a retiree.

(ii) Immediate dependents.

CHAMPUS eligible dependents of a

Medal of Honor Recipient are those

identified in paragraphs (b)(2)(i) of this

section (except for former spouses) and

(b)(2)(ii) of this section (except for a

child placed in legal custody of a Medal

of Honor recipient under (b)(2)(ii)(H)(4)

of this section).

(iii) Effective date. The CHAMPUS

eligibility established by paragraphs

(b)(5)(i) and (ii) of this section is

applicable to health care services

provided on or after October 30, 2000.

* * * * *

(f) * * *

(3) * * *

(vi) Attainment of entitlement to

hospital insurance benefits (Part A)

under Medicare except as provided in

paragraphs (b)(3), (f)(3)(viii) and

(f)(3)(ix) of this section. (This also

applies to individuals living outside the

United States where Medicare benefits

are not available.)

(vii) Attainment of age 65, except for

dependents of active duty members,

beneficiaries not eligible for Part A of

Medicare, and as provided in paragraph

(b)(3) of this section. CHAMPUS

eligibility is lost at 12:01 a.m. on the last

day of the month preceding the month

of attainment of age 65 until

implementation of section 712 of the

National Defense Authorization Act for

Fiscal Year 2001.

* * * * *

3. Section 199.4 is amended by

revising paragraphs (f)(10)(ii), (f)(10)(iii),

and Note to paragraph (f)(10), and by

adding new paragraphs (f)(11) and

(g)(37)(xii) to read as follows:

§ 199.4 Basic program benefits.

* * * * *

(f) * * *

(10) * * *

(ii) All other beneficiaries. For all

other categories of beneficiary families

(including those eligible under

CHAMPVA) the fiscal year cap is

$3,000.

(iii) Payment after cap is met. After a

family has paid the maximum cost-share

and deductible amounts (dependents of

active duty members $1,000 and all

others $3,000), for a fiscal year,

CHAMPUS will pay allowable amounts

for remaining covered services through

the end of that fiscal year.

Note to paragraph (f)(10): Under the

Defense Authorization Act for Fiscal Year

2001, the cap for beneficiaries other than

dependents of active duty members was

reduced from $7,500 to $3,000 effective

October 30, 2000. Prior to this, the Defense

Authorization Act for Fiscal Year 1993

reduced this cap from $10,000 to $7,500 on

October 1, 1992. The cap remains at $1,000

for dependents of active duty members.

(11) Beneficiary or sponsor liability

under the Pharmacy Benefits Program.

Beneficiary or sponsor liability under

the Pharmacy Benefits Program is

addressed in § 199.21.

(g) * * *

(37) * * *

(xii) Physical examinations for

beneficiaries ages 5 through 11 that are

required in connection with school

enrollment, and that are provided on or

after October 30, 2000.

* * * * *

4. Section 199.5 is amended by

revising paragraph (b)(1)(iii)(A) to read

as follows:

§ 199.5 Program for Persons with

Disabilities (PFPWD).

* * * * *

(b) * * *

(1) * * *

(iii) * * *

(A) For a period of three calendar

years from the date an active duty

sponsor dies; or

* * * * *

5. Section 199.13 is amended by

revising paragraph (c)(3)(ii)(E)(2) to read

as follows:

§ 199.13 TRICARE Dental Program.

* * * * *

(c) * * *

(3) * * *

(ii) * * *

(E) * * *

(2) Continuation of eligibility for

dependents of service members who die

while on active duty or while a member

of the Selected Reserve or Individual

Ready Reserve. Eligible dependents of

active duty members while on active

duty for a period of thirty-one (31) days

or more and eligible dependents of

Selected Reserve or Individual Ready

Reserve members, as specified in 10

U.S.C. 10143 and 10144(b) respectively,

who die on or after the implementation

date of the TDP, and whose dependents

are enrolled in the TDP on the date of

the death of the active duty, Selected

Reserve or Individual Ready Reserve

member shall be eligible for continued

enrollment in the TDP for up to 3 years

from the date of the member’s death

where the member died on or after

October 30, 1997.

* * * * *

6. Section 199.17 is amended by

removing paragraph (a)(6)(iii)(D), by

revising paragraph (k), by revising

paragraph (m)(5), and by adding new

paragraphs (m)(7) and (n)(2)(vi) to read

as follows:

§ 199.17 TRICARE program.

* * * * *

(k) Pharmacy services. Pharmacy

services under Prime are as provided in

the Pharmacy benefits Program (see

§ 199.21).

* * * * *

(m) * * *

(5) Prescription drugs. Cost sharing for

prescription drugs is as provided under

the Pharmacy Benefits Program in

§ 199.21.

* * * * *

(7) Cost sharing for additional

beneficiaries under the TRICARE Prime

Remote Program. (i) Active duty family

members, defined as the lawful husband

or wife of a member, and children, as

defined in § 199.3(b)(2)(ii)(A) through

(b)(2)(ii)(F) and (b)(2)(ii)(H)(1),

(b)(2)(ii)(H)(2), and (b)(2)(ii)(H)(4),

residing with their Active Duty Service

Member Sponsor who is TRICARE

Prime Remote eligible will have costshares, co-payments, and deductibles

waived for services provided on or after

October 30, 2000. Pharmacy Benefits

Program cost-shares established under

§ 199.21 apply to services provided on

or after April 1, 2001. Active Duty

Service Member Sponsors who are

TRICARE Prime Remote eligible are

those who receive a remote permanent

duty assignment, and pursuant to the

assignment, reside at a location that is

more than 50 miles, or approximately

one hour of driving time from the

nearest military medical treatment

9656 Federal Register / Vol. 66, No. 28 / Friday, February 9, 2001 / Rules and Regulations

facility adequate to provide the needed

care. Remote permanent duty

assignments include permanent duty as

a recruiter; permanent duty at an

educational institution to instruct,

administer a program of instruction, or

provide administrative services in

support of a program of instruction for

the Reserves Officers’ Training Corps;

permanent duty as a full-time adviser to

a unit of a reserve component; or any

other permanent duty designated by the

Secretary. This waiver applies to

TRICARE covered benefits only. Claims

processed with a date of service

beginning on or after October 30, 2000

will waive the cost-share, copayment,

and deductible. Active Duty Family

Members residing with TPR eligible

Active Duty Service Member (ADSM)

have copayments, cost-shares, and

deductibles for CHAMPUS covered

benefits except pharmacy benefits

waived until the implementation of

TRICARE Prime Remote for Family

Members or October 30, 2001,

whichever is later. The claims processor

will pay the waived portion of the claim

to the eligible family member or to the

provider, as appropriate.

(ii) Eligible family members will be

able to access their provider without

preauthorization. To obtain the waiver

of charges, eligible family members are

required to use network providers,

where available and within the

TRICARE access standards. Failure to

do so will result in claims being

processed under TRICARE Standard

rules. For beneficiaries who are enrolled

in TRICARE Prime, existing specialty

care preauthorization requirements and

Point of Service rules remain in effect.

(iii) To the greatest extent possible,

contractors will assist eligible members

in finding a TRICARE network,

participating, or authorized provider. If

a network provider cannot be identified

within the access standards established

under TRICARE, the eligible family

member shall use an authorized

provider to be eligible for the waiver.

(n) * * *

(2) * * *

(vi) In accordance with guidelines

issued by the Assistant Secretary of

Defense for Health Affairs, certain travel

expenses may be reimbursed when a

TRICARE Prime enrollee is referred by

the primary care manager for medically

necessary specialty care more than 100

miles away from the primary care

manager’s office received on or after

October 30, 2000. Such guidelines shall

be consistent with appropriate

provisions of generally applicable

Department of Defense rules and

procedures governing travel expenses.

* * * * *

7. Section 199.18 is amended by

revising paragraphs (c)(2), (c)(3), the

heading for paragraph (d), paragraphs

(d)(1), (d)(2)(i), (d)(2)(ii), (d)(2)(iii),

(d)(2)(iv), (d)(2)(v), (d)(2)(vi), (d)(2)(vii),

(d)(3), (e), and (g) to read as follows:

§ 199.18 Uniform HMO benefit.

* * * * *

(c) * * *

(2) Amount of enrollment fees. In

fiscal year 2001, the annual enrollment

fee for retirees and their dependents is

$230 individual, $460 family.

(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

Medicare-eligible beneficiaries.

(d) Outpatient cost sharing

requirements under the uniform HMO

benefit—(1) In general. In lieu of usual

CHAMPUS cost sharing requirements

(see § 199.4(f)), special reduced cost

sharing percentages or per service

specific dollar amounts are required.

The specific requirements shall be

uniform and shall be published

periodically by the Assistant Secretary

of Defense (Health Affairs). For care

provided on or before April 1, 2001, no

copayment shall be charged for care

provided under TRICARE Prime to a

dependent of an active duty member,

except for the copayments charged

under the Pharmacy Benefits Program

(see § 199.21) and under the point of

service option of TRICARE Prime (see

§ 199.17(n)(4)).

(2) * * *

(i) For most physician office visits and

other routine services, there is a per

visit fee for 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 to

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, or to

maternity services under § 199.4(e)(16).

(ii) There is a copayment for

outpatient mental health visits. It is a

per visit fee for retirees and their

dependents for individual visits. For

group visits, there is a lower per visit fee

for retirees and their dependents.

(iii) There is a cost share of durable

medical equipment, prosthetic devices,

and other authorized supplies for

retirees and their dependents.

(iv) For emergency room services,

there is a per visit fee for retirees and

their dependents.

(v) For ambulatory surgery services,

there is a per service fee for retirees and

their dependents.

(vi) There is a copayment for

prescription drugs per prescription,

including medical supplies necessary

for administration, for dependents of

active duty members and for retirees

and their dependents under the

Pharmacy Benefits Program (see

§ 199.17(m)(5)).

(vii) There is a copayment for

ambulance services for retirees and their

dependents.

(3) Amount of outpatient cost sharing

requirements. In fiscal year 2001, the

outpatient cost sharing requirements are

as follows:

(i) For most physician office visits and

other routine services, as described in

paragraph (d)(2)(i) of this section, the

per visit fee for retirees and their

dependents is $12.

(ii) For outpatient mental health

visits, the per visit fee for retirees and

their dependents is $25. For group

outpatient mental health visits, there is

a lower per visit fee for retirees and

their dependents of $17.

(iii) The cost share for durable

medical equipment, prosthetic devices,

and other authorized supplies for

retirees and their dependents is 20

percent of the negotiated fee.

(iv) For emergency room services, the

per visit fee for retirees and their

dependents is $30.

(v) For primary surgeon services in

ambulatory surgery, the per service fee

for retirees and their dependents is $25.

(vi) The copayments for prescription

drugs are established under the

Pharmacy Benefits Program (see

§ 199.21).

(vii) The copayment for ambulance

services for retirees and their

dependents is $20.

(e) Inpatient cost sharing

requirements under the uniform HMO

benefit—(1) In general. In lieu of usual

CHAMPUS cost sharing requirements

(see § 199.4(f)), special cost sharing

amounts are required. The specific

requirements shall be uniform and shall

be published periodically by the

Assistant Secretary of Defense (Health

Affairs). For services provided on or

after April 1, 2001, no co-payment shall

be charged for inpatient care provided

under TRICARE Prime to a dependent of

an active duty member except under the

point of service option of TRICARE

Prime (see § 199.17(n)(4)). In addition,

for services provided on or after April

1, 2001, no copayment shall be charged

for inpatient care provided under

TRICARE Prime to a dependent of an

active duty member in military medical

treatment facilities.

Federal Register / Vol. 66, No. 28 / Friday, February 9, 2001 / Rules and Regulations 9657

(2) Structure of cost sharing. For

services other than mental illness or

substance use treatment, there is a

nominal copayment for retired

members, dependents of retired

members, and survivors. For inpatient

mental health and substance use

treatment, a separate per day charge is

established. For services provided on or

after April 1, 2001, no inpatient

copayment shall be charged an active

duty dependent enrolled in TRICARE

Prime. This elimination of inpatient

copayments applies to active duty

dependents enrolled in TRICARE Prime

who are admitted to a civilian or

military inpatient facility.

(3) Amount of inpatient cost sharing

requirements. In fiscal year 2001, the

inpatient cost sharing requirements for

retirees and their dependents for acute

care admissions and other non-mental

health/substance use treatment

admissions is a per diem charge of $11,

with a minimum charge of $25 per

admission. For mental health/substance

use treatment admissions, and for

partial hospitalization services, the per

diem charge for retirees and their

dependents is $40.

* * * * *

(g) Updates. The enrollment fees for

fiscal year 2001 set under paragraph (c)

of this section and the per service

specific dollar amounts for fiscal year

2001 set under paragraphs (d) and (e) of

this section may be updated for

subsequent years to the extent necessary

to maintain compliance with statutory

requirements pertaining to government

costs. This updating does not apply to

cost sharing that is expressed as a

percentage of allowable charges; these

percentages will remain unchanged.

8. A new § 199.21 is added to read as

follows:

§ 199.21 Pharmacy Benefits Program.

(a) In general—(1) Statutory authority.

10 U.S.C. 1074g requires that the

Department of Defense establish an

effective, efficient, integrated Pharmacy

Benefits Program for the Military Health

System. This law is independent of a

number of section of title 10 and other

laws that affect the benefits, rules, and

procedures of CHAMPUS/TRICARE,

resulting in changes to the rules

otherwise applicable to TRICARE Prime,

Standard, and Extra. Among these

changes is an independent set of

beneficiary co-payments for prescription

drugs.

(2) Partial implementation during

interim period. Beginning April 1, 2001,

10 U.S.C. 1074g is partially

implemented to coincide with the start

of the TRICARE Senior Pharmacy

Program and substantial cost sharing

changes for active duty dependents

enrolled in Prime. Some authorities and

requirements of Section 1074g, such as

the classification of drugs as formulary

or non-formulary under a ‘‘uniform

formulary of pharmaceutical agents,’’

are not yet implemented. In this section,

references to ‘‘interim implementation

period’’ mean the period beginning

April 1, 2001.

(b) Program benefits. During the

interim implementation period,

prescription drugs and medicines are

available under the otherwise applicable

rules and procedures for military

treatment facility pharmacies, TRICARE

Prime, Standard, and Extra, and the

Mail Order Pharmacy Program. There is

not during this interim implementation

period a ‘‘uniform formulary’’ of drugs

and medicines available in all of these

parts of the system. All cost sharing

requirements for prescription drugs and

medicines are established in this section

for pharmacy services provided

throughout the Military Health System.

(c) Providers of pharmacy services.

There are four categories of providers of

pharmacy services: military treatment

facilities (MTFs), network retail

providers, non-network retail providers,

and the mail service pharmacy program.

Network retail providers are those nonMTF pharmacies that are a part of the

network established for TRICARE Prime

under § 199.17. Non-network

pharmacies are those non-MTF

pharmacies that are not part of such a

network.

(d) Classifications of drugs and

medicines. During the interim

implementation period, a distinction is

made for purposes of cost sharing

between generic drugs and non-generic

(or brand name) drugs.

(e) TRICARE Senior Pharmacy

Program. Section 711 of the Floyd D.

Spence National Defense Authorization

Act for Fiscal Year 2001 (Pub. L. 106–

398, 114 Stat. 1654) established the

TRICARE Senior Pharmacy Program for

Medicare eligible beneficiaries effective

April 1, 2001. These beneficiaries are

required to meet the eligibility criteria

as prescribed in § 199.3. The benefit

under the TRICARE Senior Pharmacy

Program includes the Basic Program

pharmacy benefit as found under

§ 199.4(d) and the pharmacy benefit and

cost sharing as found under this part.

The TRICARE Senior Pharmacy Program

applies to prescription drugs and

medicines provided on or after April 1,

2001.

(f) Cost sharing. Beneficiary cost

sharing requirements for prescription

drugs and medicines are based upon the

generic/non-generic status and the point

of sale (i.e., MTF, network pharmacy,

non-network pharmacy, mail service

pharmacy) from which they are

acquired. For this purpose, a generic

drug is a non-brand name drug. A nongeneric drug is a brand name drug. In

the case of a brand name drug for which

there is no generic equivalent, the nongeneric cost share applies.

(1) Military treatment facilities. There

are no cost sharing requirements for

drugs and medicines provided by MTF

pharmacies.

(2) Retail pharmacy network program.

There is a $9.00 co-pay per prescription

required under the retail pharmacy

network program for up to a 30-day

supply of a non-generic drug or

medicine, and a $3.00 co-pay for up to

a 30-day supply of a generic drug or

medicine. There is no annual deductible

for drugs and medicines provided under

the retail pharmacy network program.

(3) Mail service pharmacy program.

There is a $9.00 co-pay per prescription

required under the mail service

pharmacy program for up to a 90-day

supply of a non-generic drug or

medicine, and a $3.00 co-pay for up to

a 90-day supply of a generic drug or

medicine. There is no annual deductible

for drugs and medicines provided under

the mail service pharmacy program.

(4) Non-network retail pharmacies.

There is a 20 percent or $9.00

(whichever is greater) co-pay per

prescription required for up to a 30-day

supply of a drug obtained from a nonnetwork pharmacy. A point of service

cost-share of 50 percent applies in lieu

of the 20 percent copay for TRICARE

Prime enrollees who obtain their

prescriptions from a non-network retail

pharmacy without proper authorization.

In addition, these TRICARE Prime

enrollees are subject to higher

deductibles as provided in

§ 199.17(m)(1)(i) and (m)(2)(i). For

prescription drugs acquired from nonnetwork retail pharmacies, beneficiaries

other than Prime enrollees (including

TRICARE Senior Pharmacy Program

beneficiaries) are subject to the $150.00

per individual or $300.00 maximum per

family (or for dependents of sponsors in

pay grades below E–5, $50 per

individual or $100 per family) annual

fiscal year deductible.

(g) Effect of other health insurance.

The double coverage rules of § 199.8 are

applicable to services provided under

the Pharmacy Benefits Program. For this

purpose, to the extent they provide a

prescription drug benefit, Medicare

supplemental insurance plans or

Medicare HMO plans are double

coverage plans and will be the primary

payor.

9658 Federal Register / Vol. 66, No. 28 / Friday, February 9, 2001 / Rules and Regulations

(h) Procedures. The Director,

TRICARE Management Activity shall

establish procedures for the effective

operation of the Pharmacy Benefit

Program. Such procedures may include

restrictions of the quantity of

pharmaceuticals to be included under

the benefit, encouragement or

requirement of the use of generic drugs,

implementation of quality assurance

and utilization management activities,

and other appropriate matters.

9. Section 199.22 is amended by

revising paragraph (d)(1)(i), the first

sentence of paragraph (d)(3), and

paragraph (d)(5) to read as follows:

§ 199.22 TRICARE Retiree Dental Program

(TRDP).

* * * * *

(d) * * *

(1) * * *

(i) Members of the Uniformed

Services who are entitled to retired pay,

or a former member of the armed forces

who is a Medal of Honor recipient and

who is not otherwise entitled to medical

and dental benefits who has requested

medical and dental care benefits in the

manner described in § 199.3(j)(1) or

their immediate dependents as defined

by § 199.3(b)(ii);

* * * * *

(3) Election of coverage. In order to

initiate dental coverage, election to

enroll must be made by the member or

eligible dependent. * * *

* * * * *

(5) Period of coverage. TRICARE

Retiree Dental Program coverage is

terminated when the member’s

entitlement to retired pay is terminated,

the member’s status as a member of the

Retired Reserve is terminated, the

member’s status as a Medal of Honor

recipient is terminated, a dependent

child loses eligible child dependent

status, or in the case of remarriage of the

surviving spouse.

* * * * *

Dated: February 1, 2000.

L.M. Bynum,

Alternate OSD Federal Register Liaison

Officer, Department of Defense.

[FR Doc. 01–3240 Filed 2–6–01; 2:57 pm]

BILLING CODE 5000–01–U

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Parts 95 and 177

[USCG–1998–4593]

RIN 2115–AF72

Revision to Federal Blood Alcohol

Concentration (BAC) Standard for

Recreational Vessel Operators: Delay

of Effective Date

AGENCY: Coast Guard, Department of

Transportation.

ACTION: Final rule; delay of effective

date.

SUMMARY: In accordance with the

memorandum of January 20, 2001, from

the Assistant to the President and Chief

of Staff, entitled ‘‘Regulatory Review

Plan,’’ published in the Federal Register

on January 24, 2001 (66 FR 7702), this

action temporarily delays for 60 days

the effective date of the rule entitled

Revision to Federal Blood Alcohol

Concentration (BAC) Standard for

Recreational Vessel Operators,

published in the Federal Register on

January 10, 2001, 66 FR 1859. That rule

concerns revising the Federal Blood

Alcohol Concentration (BAC) standard

under which a recreational vessel

operator would be considered operating

while ‘‘intoxicated’’.

DATES: The effective date of the final

rule amending 33 CFR parts 95 and 177

published in the Federal Register on

January 10, 2001, at 66 FR 1859, is

delayed for 60 days, from March 12,

2001, until May 11, 2001.

FOR FURTHER INFORMATION CONTACT:

Carlton Perry, Project Manager, Office of

Boating Safety, U.S. Coast Guard, by

telephone at 202–267–0979.

SUPPLEMENTARY INFORMATION: To the

extent that 5 U.S.C. section 553 applies

to this action, it is exempt from notice

and comment because it constitutes a

rule of procedure under 5 U.S.C. section

553(b)(A). Alternatively, the Coast

Guard’s implementation of this action

without opportunity for public

comment, effective immediately upon

publication today in the Federal

Register, is based on the good cause

exceptions in 5 U.S.C. section 553(b)(B)

and 553(d)(3). Seeking public comment

is impracticable, unnecessary and

contrary to the public interest. The

temporary 60-day delay in effective date

is necessary to give Department officials

the opportunity for further review and

consideration of new regulations,

consistent with the Assistant to the

President’s memorandum of January 20,

2001. Given the imminence of the

effective date, seeking prior public

comment on this temporary delay

would have been impracticable, as well

as contrary to the public interest in the

orderly promulgation and

implementation of regulations. The

imminence of the effective date is also

good cause for making this action

effective immediately upon publication.

Dated: January 31, 2001.

Terry M. Cross,

Rear Admiral, U.S. Coast Guard Assistant

Commandant for Operations.

[FR Doc. 01–3208 Filed 2–8–01; 8:45 am]

BILLING CODE 4910–15–M

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 100

[CGD11–01–002]

RIN 2115–AE46

Special Local Regulations: Parker

International Waterski Marathon

AGENCY: Coast Guard, DOT.

ACTION: Notice of implementation.

SUMMARY: This notice implements 33

CFR 100.1102, Marine Events on the

Colorado River, between Davis Dam

(Bullhead City, Arizona) and Headgate

Dam (Parker, Arizona), for the Parker

International Waterski Marathon. The

race will consist of power driven vessels

ranging in size from 19–26 feet for a

waterski competition. These regulations

will be effective on that portion of the

Colorado River beginning at Bluewater

Marina in Parker, AZ, and extending

approximately 10 miles to La Paz

County Park. Notice of Implementation

of 33 CFR 100.1102 is necessary to

control vessel traffic in the regulated

areas during the event to ensure the

safety of participants and spectators.

Pursuant to 33 CFR 100.1102(c),

Commanding Officer, Coast Guard

Activities San Diego, is designated

Patrol Commander for this event; he has

the authority to delegate this

responsibility to any Coast Guard,

public, state, local law enforcement,

and/or sponsor provided vessels. For

this event, the Coast Guard has

designated the Colorado River Indian

Tribe Police as Patrol Commander.

EFFECTIVE DATES: This section is

effective from 8 a.m. (MST) until 4:30

p.m. (MST) on March 10, 2001 through

March 11, 2001. If the event concludes

prior to the scheduled termination date

and/or time, the Colorado River Indian

Tribe Police will cease enforcement of

this section.