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28936 Federal Register / Vol. 72, No.

99 / Wednesday, May 23, 2007 / Proposed Rules

PART 438—MANAGED CARE 7. Section 447.272 is amended by Dated: May 11, 2007.
republishing the heading to paragraph Leslie V. Norwalk,
1. The authority citation for part 438 (b) and revising paragraph (b)(1) to read Acting Administrator, Centers for Medicare
continues to read as follows: & Medicaid Services.
as follows:
Authority: Sec. 1102 of the Social Security Approved: May 17, 2007.
Act (42 U.S.C. 1302). § 447.272 Inpatient services: Application Michael O. Leavitt,
of upper payment limits.
Subpart A—General Provisions Secretary.
* * * * * [FR Doc. 07–2576 Filed 5–18–07; 4:38 pm]
§ 438.6 [Amended] (b) General rules. (1) ‘‘Upper payment BILLING CODE 4120–01–P
2. Section 438.6 is amended by limit’’ refers to a reasonable estimate of
removing paragraph (c)(5)(v). the amount that would be paid for the
services furnished by the groups of FEDERAL COMMUNICATIONS
Subpart B—State Responsibilities facilities under Medicare payment COMMISSION
3. Section 438.60 is revised to read as principles in subchapter B of this
follows: chapter. For purposes of the Medicaid 47 CFR Part 54
upper payment limit calculation, direct [WC Docket No. 05–337, CC Docket No. 96–
§ 438.60 Limit on payment to other graduate medical education payments 45, FCC 07–88]
providers. are not an allowable component of a
The State agency must ensure that no Medicare payment and must be High-Cost Universal Service Support;
payment is made to a provider other excluded from the calculation. Federal-State Joint Board on Universal
than the MCO, PIHP, or PAHP for Service
services available under the contract * * * * *
between the State and the MCO, PIHP, AGENCY: Federal Communications
Subpart F—Payment Methods for Commission.
or PAHP, except when these payments
Other Institutional and Non-
are provided for in title XIX of the Act ACTION: Notice of proposed rulemaking.
Institutional Services
or in 42 CFR.
SUMMARY: In this document, the
PART 447—PAYMENTS FOR 8. Section 447.304 is amended by: Commission seeks comment on the
SERVICES A. Revising paragraph (b) to read as Federal-State Joint Board on Universal
follows: Service’s recommendation that the
4. The authority citation for part 447 Commission adopt an interim cap on
continues to read as follows: § 447.304 Adherence to upper limits; FFP. support for competitive Eligible
Authority: Sec. 1102 of the Social Security * * * * * Telecommunications Carriers.
Act (42 U.S.C. 1302). DATES: Comments are due on or before
(b) FFP is not available in
Subpart B—Payment Methods: General expenditures for graduate medical June 6, 2007. Reply Comments are due
education. on or before June 13, 2007.
Provisions
* * * * * ADDRESSES: You may submit comments,
5. Section 447.201 is amended by identified by WC Docket No. 05–337
adding a new paragraph (c) to read as 9. Section 447.321 is amended by and CC Docket No. 96–45, by any of the
set forth below. republishing the heading to paragraph following methods:
(b) and revising paragraph (b)(1) to read • Federal eRulemaking Portal: http://
§ 447.201 State plan requirements. as follows: www.regulations.gov. Follow the
* * * * * instructions for submitting comments.
(c) The plan must not include § 447.321 Outpatient hospital and clinical
services: Application of upper payment
• Federal Communications
payments for graduate medical Commission’s Web Site: http://
education to any provider or institution limits.
www.fcc.gov/cgb/ecfs/. Follow the
or include costs of graduate medical * * * * * instructions for submitting comments.
education as an allowable cost under (b) General rules. (1) ‘‘Upper payment • People with Disabilities: Contact the
any cost-based payment system limit’’ refers to a reasonable estimate of FCC to request reasonable
(including costs or payments claimed as the amount that would be paid for the accommodations (accessible format
administrative costs). documents, sign language interpreters,
services furnished by the groups of
Subpart C—Payment for Inpatient facilities under Medicare payment CART, etc.) by e-mail: FCC504@fcc.gov
Hospital and Long-Term Care Facility principles in subchapter B of this or phone: 202–418–0530 or TTY: 202–
Services chapter. For purposes of the Medicaid 418–0432.
upper payment limit calculation, direct For detailed instructions for
6. Section 447.257 is amended by: graduate medical education payments submitting comments and additional
A. Designating the existing paragraph are not an allowable component of a information on the rulemaking process,
as paragraph (a). Medicare payment and must be see the SUPPLEMENTARY INFORMATION
B. Adding a new paragraph (b) to read section of this document.
excluded from the calculation.
as follows:
* * * * * FOR FURTHER INFORMATION CONTACT: Ted
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§ 447.257 FFP: Conditions relating to Burmeister, Attorney, Wireline


institutional reimbursement. (Catalog of Federal Domestic Assistance Competition Bureau,
Program No. 93.778, Medical Assistance Telecommunications Access Policy
* * * * * Program)
(b) FFP is not available in Division, (202) 418–7400, TTY (202)
expenditures for graduate medical 418–0484.
education in hospitals and long-term SUPPLEMENTARY INFORMATION: This is a
care facilities. summary of the Commission’s Notice of

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Federal Register / Vol. 72, No. 99 / Wednesday, May 23, 2007 / Proposed Rules 28937

Proposed Rulemaking, in WC Docket principles for the preservation and is not dominant in its field.’’
No. 05–337 and CC Docket No. 96–45, advancement of universal service in a Nationwide, as of 2002, there were
released May 14, 2007. The full text of competitive telecommunications approximately 1.6 million small
this document is available for public environment. On May 1, 2007, the Joint organizations.
inspection during regular business Board recommended that the 5. The most reliable source of
hours in the FCC Reference Center, Commission adopt an interim cap on information regarding the total numbers
Room CY–A257, 445 12th Street, SW., high-cost universal service support for of certain common carrier and related
Washington, DC 20554. competitive ETCs to rein in the providers nationwide, as well as the
explosive growth in universal service. In number of commercial wireless entities,
I. Introduction this NPRM, the Commission seeks is the data that the Commission
In this Notice of Proposed comment on the Joint Board publishes in its Trends in Telephone
Rulemaking (NPRM), we seek comment recommendation that the Commission Service report. The SBA has developed
on the recommendation of the Federal- cap competitive ETC support at the small business size standards for
State Joint Board on Universal Service amount of support received by wireline and wireless small businesses
(Joint Board) that the Commission takes competitive ETCs in 2006. The objective within the three commercial census
immediate action to rein in the of the NPRM is to explore whether the categories of Wired
explosive growth in high-cost universal Commission should take action to cap Telecommunications Carriers, Paging,
service support disbursements. the high-cost universal service support and Cellular and Other Wireless
Specifically, we seek comment on the in the manner that the Joint Board Telecommunications. Under these
Joint Board’s recommendation that the recommends, and whether there are categories, a business is small if it has
Commission impose an interim, other issues related to the interim cap 1,500 or fewer employees. Below, using
emergency cap on the amount of high- that should be considered. the above size standards and others, we
cost support that competitive eligible discuss the total estimated numbers of
b. Legal Basis small businesses that might be affected
telecommunications carriers (ETCs) may
receive. The Joint Board also 3. The legal basis for any action that by our actions.
recommended that both it and the may be taken pursuant to the NPRM is
contained in sections 1, 2, 4(i), 4(j), 201, d. Wireline Carriers and Service
Commission further explore Providers
comprehensive high-cost distribution 202, 205, 214, 254, 403 and 410 of the
reform, and sought comment on various Communications Act of 1934, as 6. We have included small incumbent
reform proposals in a Public Notice amended, 47 U.S.C. 151, 152, 154(i)–(j), local exchange carriers (LECs) in this
released on the same day as the 201, 202, 205, 254, 410 and sections 1.1, present RFA analysis. As noted above,
1.411, 1.412, 1.415, 1.419, and 1.1200– a ‘‘small business’’ under the RFA is one
Recommended Decision, in WC Docket
1.1216, of the Commission’s rules, 47 that, inter alia, meets the pertinent
No. 05–337, CC Docket No. 96–45
C.F.R. 1.1, 1.411, 1.412, 1.415, 1.419, small business size standard (e.g., a
released on May 1, 2007.
1.1200–1.1216. telephone communications business
II. Procedural Matters having 1,500 or fewer employees), and
c. Description and Estimate of the ‘‘is not dominant in its field of
A. Initial Regulatory Flexibility Analysis Number of Small Entities to Which operation.’’ The SBA’s Office of
1. As required by the Regulatory Rules Will Apply Advocacy contends that, for RFA
Flexibility Act (RFA), see 5 U.S.C. 603, 4. The RFA directs agencies to purposes, small incumbent LECs are not
the Commission has prepared this provide a description of, and, where dominant in their field of operation
Initial Regulatory Flexibility Analysis feasible, an estimate of the number of because any such dominance is not
(IRFA) of the possible significant small entities that may be affected by ‘‘national’’ in scope. We have therefore
economic impact on small entities by the rules, if adopted. 5 U.S.C. 604(b)(3). included small incumbent LECs in this
the policies and rules proposed in the The RFA generally defines the term RFA analysis, although we emphasize
NPRM. Written public comments are ‘‘small entity,’’ 5 U.S.C. 601(6), as that this RFA action has no effect on
requested on this IRFA. Comments must having the same meaning as the terms Commission analyses and
be identified as responses to the IRFA ‘‘small business,’’ 5 U.S.C. 601(3), determinations in other, non-RFA
and must be filed by the deadlines for ‘‘small organization,’’ 5 U.S.C 601(4), contexts.
comments on the NPRM provided in and ‘‘small governmental jurisdiction.’’ 7. Incumbent LECs. Neither the
paragraph 9 of the item. The 5 U.S.C. 601(5). In addition, the term Commission nor the SBA has developed
Commission will send a copy of the ‘‘small business’’ has the same meaning a size standard for small businesses
NPRM, including this IRFA, to the Chief as the term ‘‘small business concern’’ specifically applicable to incumbent
Counsel for Advocacy of the Small under the Small Business Act, unless LECs. The closest applicable size
Business Administration (SBA). See 5 the Commission has developed one or standard under SBA rules is for Wired
U.S.C. 603(a). In addition, the NPRM more definitions that are U.S.C. 601(3). Telecommunications Carriers. Under
and IRFA (or summaries thereof) will be Under the Small Business Act, a ‘‘small that size standard, such a business is
published in the Federal Register. business concern’’ is one that: (1) Is small if it has 1,500 or fewer employees.
independently owned and operated; (2) According to Commission data, 1,307
a. Need for, and Objectives of, the is not dominant in its field of operation; carriers reported that they were engaged
Proposed Rules and (3) meets any additional criteria in the provision of local exchange
2. Section 254(a)(2) of the established by the Small Business services. Of these 1,307 carriers, an
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Communications Act of 1934, as Administration (SBA). 15 U.S.C. 632. estimated 1,019 have 1,500 or fewer
amended (the Act), requires that the Nationwide, there are a total of employees, and 288 have more than
Commission implement within one year approximately 22.4 million small 1,500 employees. Consequently, the
recommendations from the Joint Board businesses, according to SBA data. A Commission estimates that most
based on the universal service small organization is generally ‘‘any not- providers of incumbent local exchange
requirements provided in section 254 of for-profit enterprise which is service are small businesses that may be
the Act, which establishes a number of independently owned and operated and affected by our action.

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28938 Federal Register / Vol. 72, No. 99 / Wednesday, May 23, 2007 / Proposed Rules

8. Competitive LECs, Competitive 10. Wireless Telephony. Wireless were a total of 332 firms that operated
Access Providers (CAPs), ‘‘Shared- telephony includes cellular, personal for the entire year. Of this total, 259
Tenant Service Providers,’’ and ‘‘Other communications services (PCS), and firms had annual receipts of under $10
Local Service Providers.’’ Neither the specialized mobile radio (SMR) million and 15 firms had annual
Commission nor the SBA has developed telephony carriers. As noted earlier, the receipts of $10 million to $24,999,999.
a small business size standard SBA has developed a small business Consequently, we estimate that the
specifically for these service providers. size standard for ‘‘Cellular and Other majority of Other Telecommunications
The appropriate size standard under Wireless Telecommunications’’ services. firms are small entities that might be
SBA rules is for the category Wired Under that SBA small business size affected by our action.
Telecommunications Carriers. Under standard, a business is small if it has
that size standard, such a business is 1,500 or fewer employees. According to 2. Description of Projected Reporting,
small if it has 1,500 or fewer employees. Commission data, 432 carriers reported Recordkeeping, and Other Compliance
According to Commission data, 859 that they were engaged in the provision Requirements
carriers reported that they were engaged of wireless telephony. We have
in the provision of either competitive estimated that 221 of these are small 14. The specific proposals under
LEC or CAP services. Of these 859 under the SBA small business size consideration in the NPRM would not,
carriers, an estimated 741 have 1,500 or standard. if adopted, result in additional
fewer employees, and 118 have more recordkeeping requirements for small
f. Satellite Service Providers
than 1,500 employees. In addition, 16 businesses.
carriers have reported that they are 11. Satellite Telecommunications and
Other Telecommunications. There is no 3. Steps Taken To Minimize Significant
‘‘Shared-Tenant Service Providers,’’ and
small business size standard developed Economic Impact on Small Entities, and
all 16 are estimated to have 1,500 or
specifically for providers of Significant Alternatives Considered
fewer employees. In addition, 44
carriers have reported that they are international service. The appropriate
size standards under SBA rules are for 15. The RFA requires an agency to
‘‘Other Local Service Providers.’’ Of the describe any significant alternatives that
44, an estimated 43 have 1,500 or fewer the two broad census categories of
‘‘Satellite Telecommunications’’ and it has considered in reaching its
employees, and one has more than 1,500 proposed approach, which may include
employees. Consequently, the ‘‘Other Telecommunications.’’ Under
both categories, such a business is small the following four alternatives (among
Commission estimates that most others): (1) The establishment of
if it has $13.5 million or less in average
competitive LECs, CAPs, ‘‘Shared-
annual receipts. differing compliance and reporting
Tenant Service Providers,’’ and ‘‘Other 12. The first category of Satellite requirements or timetables that take into
Local Service Providers’’ are small Telecommunications ‘‘comprises
entities that may be affected by our account the resources available to small
establishments primarily engaged in entities; (2) the clarification,
action. providing point-to-point consolidation, or simplification of
e. Wireless Carriers and Service telecommunications services to other compliance or reporting requirements
Providers establishments in the under the rule for small entities; (3) the
telecommunications and broadcasting use of performance, rather than design,
9. Wireless Service Providers. The industries by forwarding and receiving
SBA has developed a small business standards; and (4) an exemption from
communications signals via a system of
size standard for wireless firms within coverage of the rule, or part thereof, for
satellites or reselling satellite
the two broad economic census small entities. See 5 U.S.C. 603(c).
telecommunications.’’ For this category,
categories of ‘‘Paging’’ and ‘‘Cellular and Census Bureau data for 2002 show that 16. This IRFA seeks comment on how
Other Wireless Telecommunications.’’ there were a total of 371 firms that the Joint Board’s recommendation could
Under both categories, the SBA deems operated for the entire year. Of this be implemented in a manner that
a wireless business to be small if it has total, 307 firms had annual receipts of reduces the potential burden and cost of
1,500 or fewer employees. For the under $10 million, and 26 firms had compliance for small entities. We also
census category of Paging, Census receipts of $10 million to $24,999,999. seek comment on the potential impact
Bureau data for 2002 show that there Consequently, we estimate that the of the proposed recommendations
were 807 firms in this category that majority of Satellite related to the interim cap proposal on
operated for the entire year. Of this Telecommunications firms are small high-cost universal support for
total, 804 firms had employment of 999 entities that might be affected by our competitive ETCs. In the NPRM, the
or fewer employees, and three firms had action. Commission has offered several
employment of 1,000 employees or 13. The second category of Other alternatives and that might avoid or
more. Thus, under this category and Telecommunications ‘‘comprises
mitigate reductions in the amount of
associated small business size standard, establishments primarily engaged in (1)
high-cost support flowing to
the majority of firms can be considered Providing specialized
small. For the census category of telecommunications applications, such competitive ETCs, some of which might
Cellular and Other Wireless as satellite tracking, communications be small entities. For instance, the
Telecommunications, Census Bureau telemetry, and radar station operations; Commission inquires into other
data for 2002 show that there were 1,397 or (2) providing satellite terminal methods, besides a cap, to control the
firms in this category that operated for stations and associated facilities growth of high-cost support; asks about
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the entire year. Of this total, 1,378 firms operationally connected with one or the length of time the interim cap
had employment of 999 or fewer more terrestrial communications should be in place; seeks comment on
employees, and 19 firms had systems and capable of transmitting the level that the cap should be set at;
employment of 1,000 employees or telecommunications to or receiving and asks whether other operational,
more. Thus, under this second category telecommunications from satellite administrative, or implementation
and size standard, the majority of firms systems.’’ For this category, Census issues might have an impact on
can, again, be considered small. Bureau data for 2002 show that there implementing an interim cap.

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Federal Register / Vol. 72, No. 99 / Wednesday, May 23, 2007 / Proposed Rules 28939

4. Federal Rules That May Duplicate, submit an electronic comment by Attorney Advisor, Telecommunications
Overlap, or Conflict With the Proposed Internet e-mail. To get filing Access Policy Division, Wireline
Rules instructions, filers should send an e- Competition Bureau at (202) 418–7389,
17. None. mail to ecfs@fcc.gov, and include the or theodore.burmeister@fcc.gov, or Katie
following words in the body of the King, Telecommunications Access
B. Paperwork Reduction Act Analysis message, ‘‘get form.’’ A sample form and Policy Division, Wireline Competition
18. This NPRM does not contain directions will be sent in response. Bureau, (202) 418–7491, or
proposed information collections • Paper Filers: Parties who choose to katie.king@fcc.gov.
subject to the Paperwork Reduction Act file by paper must file an original and
four copies of each filing. If more than III. Ordering Clauses
of 1995 (PRA), Public Law 104–13. In
addition, therefore, it does not contain one docket or rulemaking number 22. Pursuant to the authority
any new or modified ‘‘information appears in the caption of this contained in sections 1, 4(i), 201–205,
collection burden for small business proceeding, filers must submit two 214, 254, and 403 of the
concerns with fewer than 25 additional copies for each additional Communications Act of 1934, as
employees,’’ pursuant to the Small docket or rulemaking number. Filings amended, 47 U.S.C. 151, 154(i), 201–
Business Paperwork Relief Act of 2002, can be sent by hand or messenger 205, 214, 254, and 403, this Notice of
Public Law 107–198. See 44 U.S.C. delivery, by commercial overnight Proposed Rulemaking is adopted.
3506(c)(4). courier, or by first-class or overnight 23. The Commission’s Consumer and
U.S. Postal Service mail (although we Governmental Affairs Bureau, Reference
C. Ex Parte Presentations continue to experience delays in Information Center, shall send a copy of
19. These matters shall be treated as receiving U.S. Postal Service mail). All this Notice of Proposed Rulemaking,
a ‘‘permit-but-disclose’’ proceeding in filings must be addressed to the including the Initial Regulatory
accordance with the Commission’s ex Commission’s Secretary, Office of the Flexibility Analysis, to the Chief
parte rules. Persons making oral ex Secretary, Federal Communications Counsel for Advocacy of the Small
parte presentations are reminded that Commission. Business Administration.
memoranda summarizing the • The Commission’s contractor will
Federal Communications Commission.
presentations must contain summaries receive hand-delivered or messenger-
Marlene H. Dortch,
of the substance of the presentations delivered paper filings for the
and not merely a listing of the subjects Commission’s Secretary at 236 Secretary.
discussed. More than a one or two Massachusetts Avenue, NE., Suite 110, [FR Doc. E7–9837 Filed 5–22–07; 8:45 am]
sentence description of the views and Washington, DC 20002. The filing hours BILLING CODE 6712–01–P
arguments presented is generally at this location are 8 a.m. to 7 p.m. All
required. Other requirements pertaining hand deliveries must be held together
to oral and written presentations are set with rubber bands or fasteners. Any DEPARTMENT OF TRANSPORTATION
forth in section 1.1206(b) of the envelopes must be disposed of before
Commission’s rules. entering the building. National Highway Traffic Safety
• Commercial overnight mail (other Administration
D. Comment Filing Procedures
than U.S. Postal Service Express Mail
20. Pursuant to sections 1.415 and and Priority Mail) must be sent to 9300 49 CFR Part 571
1.419 of the Commission’s rules, 47 CFR East Hampton Drive, Capitol Heights, [Docket No. NHTSA–2003–15227]
1.415, 1.419, interested parties may file MD 20743.
comments on or before June 6, 2007, • U.S. Postal Service first-class, Federal Motor Vehicle Safety
and reply comments June 13, 2007. Express, and Priority mail must be Standards; Hydraulic and Electric
Comments may be filed using: (1) The addressed to 445 12th Street, SW., Brake Systems, Air Brake Systems
Commission’s Electronic Comment Washington, DC 20554.
Filing System (ECFS), (2) the Federal • People with Disabilities: To request AGENCY: National Highway Traffic
Government’s eRulemaking Portal, or (3) materials in accessible formats for Safety Administration (NHTSA),
by filing paper copies. See Electronic people with disabilities (braille, large Department of Transportation (DOT).
Filing of Documents in Rulemaking print, electronic files, audio format), ACTION: Denial of petition for
Proceedings, 63 FR 24121 (1998). send an e-mail to fcc504@fcc.gov or call reconsideration.
• Electronic Filers: Comments may be the Consumer & Governmental Affairs
filed electronically using the Internet by Bureau at 202–418–0530 (voice), 202– SUMMARY: This document responds to a
accessing the ECFS: http://www.fcc.gov/ 418–0432 (tty). In addition, one copy of petition for reconsideration of our 2003
cgb/ecfs/ or the Federal eRulemaking each pleading must be sent to each of final rule establishing a braking-in-a-
Portal: http://www.regulations.gov. the following: curve performance requirement for
Filers should follow the instructions (1) The Commission’s duplicating single unit trucks and buses. The
provided on the Web site for submitting contractor, Best Copy and Printing, Inc, braking-in-a-curve requirement has
comments. 445 12th Street, SW., Room CY–B402, applied to air-braked truck tractors since
• For ECFS filers, if multiple docket Washington, DC 20554; Web site: 1997 and we determined that the
or rulemaking numbers appear in the http://www.bcpiweb.com; phone: 1– requirement should also apply to single-
caption of this proceeding, filers must 800–378–3160; unit trucks and buses. The requirement
transmit one electronic copy of the (2) Antoinette Stevens, ensures that a vehicle’s antilock brake
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comments for each docket or Telecommunications Access Policy system (ABS) maintains adequate
rulemaking number referenced in the Division, Wireline Competition Bureau, stability and control during a hard stop
caption. In completing the transmittal 445 12th Street, SW., Room 5–B540, on a curved, slippery road surface. A
screen, filers should include their full Washington, DC 20554; e-mail: petition for reconsideration was
name, U.S. Postal Service mailing Antoinette.Stevens@fcc.gov. received from the National Truck
address, and the applicable docket or 21. For further information regarding Equipment Association (NTEA), which
rulemaking number. Parties may also this proceeding, contact Ted Burmeister, seeks to exclude vehicles built in two or

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