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Federal Register / Vol. 71, No.

28 / Friday, February 10, 2006 / Proposed Rules 6991

contained in this seciton were moved to U.S.C. 601 et seq.). Because this rule Nitrogen dioxide, Ozone, Particulate
401 KAR 51:001, ‘‘Definitions for 401 proposes to approve pre-existing matter, Reporting and recordkeeping
KAR Chapter 51.’’ The rule does not requirements under state law and does requirements, Sulfur oxides, Volatile
incorporate the portions of the Federal not impose any additional enforceable organic compounds.
rules that were recently vacated by the duty beyond that required by state law, Authority: 42 U.S.C. 7401 et seq.
DC Circuit Court, including the clean it does not contain any unfunded
unit provisions, the pollution control mandate or significantly or uniquely Dated: February 3, 2006.
projects exclusion, and the equipment affect small governments, as described J.I. Palmer Jr.,
replacement provision, which was in the Unfunded Mandates Reform Act Regional Administrator, Region 4.
promulgated shortly after the 2002 NSR of 1995 (Pub. L. 104–4). [FR Doc. 06–1318 Filed 2–9–06; 8:45 am]
Reform Rules. This proposed rule also does not have BILLING CODE 6560–50–M
The revisions included in Kentucky’s tribal implications because it will not
NNSR program are substantively the have a substantial direct effect on one or
same as the 2002 NSR Reform Rules. more Indian tribes, on the relationship DEPARTMENT OF HEALTH AND
The Kentucky Rules have been between the Federal Government and HUMAN SERVICES
formatted to conform to Kentucky rule Indian tribes, or on the distribution of
drafting standards (KRS Chapter 13A), power and responsibilities between the Centers for Medicare & Medicaid
but in substantive content the rules are Federal Government and Indian tribes, Services
the same as the Federal rules. As part of as specified by Executive Order 13175
its review of the Kentucky submittal, (65 FR 67249, November 9, 2000). This 42 CFR Part 413
EPA performed a line-by-line review of action also does not have Federalism
the proposed revisions and has implications because it does not have [CMS–1126–RCN]
determined that they are consistent with substantial direct effects on the states, RIN 0938–AK02
the program requirements for the on the relationship between the national
preparation, adoption and submittal of government and the states, or on the Medicare Program; Provider Bad Debt
implementation plans for New Source distribution of power and Payment; Extension of Timeline for
Review, set forth at 40 CFR 51.165. responsibilities among the various Publication of Final Rule
levels of government, as specified in
IV. What Action Is EPA Proposing To AGENCY: Centers for Medicare &
Executive Order 13132 (64 FR 43255,
Take? Medicaid Services (CMS), HHS.
August 10, 1999). This action merely
EPA is proposing to approve revisions proposes to approve a state rule ACTION: Extension of timeline.
to the Kentucky SIP (Kentucky implementing a Federal standard, and
regulations, 401 KAR 51:01, 401 KAR does not alter the relationship or the SUMMARY: Section 1871(a)(3)(A) of the
51:017, and 401 KAR 51:052) submitted distribution of power and Social Security Act (the Act) requires us
by the Common wealth of Kentucky on responsibilities established in the Clean to publish a Medicare final rule no later
September 2, 2004, and amended on Air Act. This proposed rule also is not than 3 years after the publication date
August 23, 2005. EPA proposed to take subject to Executive Order 13045 of the proposed rule. This notice
no action on the following provisions of ‘‘Protection of Children from announces an extension of the timeline
the Kentucky regulations, which Environmental Health Risks and Safety for publication of a Medicare final rule
include portions of the 2002 NSR Risks’’ (62 FR 19885, April 23, 1997), in accordance with section 1871(a)(3)(B)
Reform Rules that were vacated by the because it is not economically of the Act, which allows us to extend
D.C. Circuit Court: Sections 20, 21, and significant. the timeline for publication of the
22 of 401 KAR 51:017, Sections 11, 12, In reviewing SIP submissions, EPA’s ‘‘Medicare Program; Provider Bad Debt
and 13 of 401 KAR 51:052, and role is to approve state choices, Payment’’ final rule under exceptional
definitions (38) and (188) in Section 1 provided that they meet the criteria of circumstances.
of 401 KAR 51:001. the Clear Air Act. In this context, in the DATES: Effective Date: This notice is
absence of a prior existing requirement effective on February 10, 2006.
VI. Statutory and Executive Order
for the State to use voluntary consensus
Reviews FOR FURTHER INFORMATION CONTACT: Jill
standards (VCS), EPA has no authority
Under Executive Order 12866 (58 FR to disapprove a SIP submission for Keplinger, (410) 786–4550.
51735, October 4, 1993), this proposed failure to use VCS. It would thus be SUPPLEMENTARY INFORMATION: On
action is not a ‘‘significant regulatory inconsistent with applicable law for February 10, 2003 (68 FR 6682), we
action’’ and therefore is not subject to EPA, when it reviews a SIP submission, published a proposed rule that would
review by the Office of Management and to use VCS in place of a SIP submission revise existing regulations governing
Budget. For this reason, this action is that otherwise satisfies the provisions of reimbursement for bad debts for all
also not subject to Executive Order the Clean Air Act. Thus, the providers or entities, other than
13211, ‘‘Actions Concerning Regulations requirements of section 12(d) of the hospitals, currently eligible for bad debt
That Significantly Affect Energy Supply, National Technology Transfer and reimbursement under the Medicare
Distribution, or Use’’ (66 FR 28355, May Advancement Act of 1995 (15 U.S.C. program. These proposed revisions were
22, 2001). This proposed action merely 272 note) do not apply. This proposed intended to provide for a consistent bad
proposes to approve state law as rule does not impose an information debt reimbursement policy for all
meeting Federal requirements and collection burden under the provisions providers currently eligible to receive
hsrobinson on PROD1PC70 with PROPOSALS

imposes no additional requirements of the Paperwork Reduction Act of 1995 payments from Medicare for bad debt.
beyond those imposed by state law. (44 U.S.C. 3501 et seq.). The proposed revisions also would
Accordingly, the Administrator certifies remove a cap on End Stage Renal
that this proposed rule will not have a List of Subjects in 40 CFR Part 52 Disease (ESRD) bad debt
significant economic impact on a Environmental protection, Air reimbursement, which limits payment
substantial number of small entities pollution control, Carbon monoxide, of allowable bad debts to the facility’s
under the Regulatory Flexibility Act (5 Intergovernmental relations, Lead, unrecovered costs. In addition, the

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6992 Federal Register / Vol. 71, No. 28 / Friday, February 10, 2006 / Proposed Rules

proposed rule would clarify that bad legislation on the provisions in the other interested parties on or before
debts are not allowable for entities paid proposed rule, we are extending the April 11, 2006.
under a reasonable-charge or fee timeline for this rulemaking for up to ADDRESSES: You may submit comments,
schedule methodology. one year, and intend to publish the final identified by WT Docket No. 05–211;
This notice announces an extension of rule no later than February 10, 2007. As FCC 06–8 by any of the following
the timeline for publication of a final required under section 1871(a)(3)(D), we methods:
rule responding to comments on the will include a discussion of this • Federal eRulemaking Portal: http://
above proposed rule. Section extension in a report to Congress. www.regulations.gov. Follow the
1871(a)(3)(B) of the Social Security Act Authority: Section 1871 of the Social instructions for submitting comments.
(the Act) requires us generally to Security Act (42 U.S.C. 1395hh). • Federal Communications
publish a Medicare final rule no later (Catalog of Federal Domestic Assistance Commission’s Web Site: http://
than 3 years after the publication date Program No. 93.774, Medicare— www.fcc.gov/cgb/ecfs/. Follow the
of the proposed rule. To meet this 3-year Supplementary Medical Insurance Program) instructions for submitting comments.
timeframe, the final rule at issue here • People with Disabilities: Contact
Dated: February 3, 2006.
would have to be published by February the FCC to request reasonable
10, 2006. Ann C. Agnew,
accommodations (accessible format
Section 1871(a)(3)(B) also provides, Executive Secretary to the Department.
documents, sign language interpreters,
however, that under ‘‘exceptional [FR Doc. E6–1821 Filed 2–9–06; 8:45 am] CART, etc.) by e-mail: FCC504@fcc.gov
circumstances’’ the Secretary may BILLING CODE 4120–01–P
or phone: 202–418–0530 or TTY: 202–
extend the initial targeted publication 418–0432.
date of a final regulation, if the In addition to filing comments with
Secretary provides public notice of this FEDERAL COMMUNICATIONS the Secretary, a copy of any comments
extension, including a brief explanation COMMISSION on the Paperwork Reduction Act
of the justification for the variation, no information collection requirements
later than the regulation’s previously 47 CFR Part 1 contained herein should be submitted to
established proposed publication date. [WT Docket No. 05–211; FCC 06–8] Judith B. Herman, Federal
This notice extends the timeline Communications Commission, Room 1–
based on the following exceptional Commercial Spectrum Enhancement C804, 445 12th Street, SW., Washington,
circumstances, which we believe justify Act and Modernization of the DC 20554, or via the Internet to
such an extension in this case. On Commission’s Competitive Bidding PRA@fcc.gov, and to Kristy L. LaLonde,
February 1, 2006, the Congress Rules and Procedures OMB Desk Officer, Room 10234 NEOB,
completed action on final legislation (S.
AGENCY: Federal Communications 725 17th Street, NW., Washington, DC
1932) that affects the provisions that
Commission. 20503, via the Internet to Kristy L.
would be modified under the proposed
LaLonde@omb.eop.gov, or via fax at
rule at issue here. Section 5004 of this ACTION: Proposed rule.
202–395–5167.
bill, also known as the Deficit Reduction
SUMMARY: In this Further Notice of For detailed instructions for
Act (DRA), generally provides for a 30
Proposed Rule Making the Commission submitting comments and additional
percent reduction in bad debt
considers whether it should modify its information on the rule making process,
reimbursement to Skilled Nursing
general competitive bidding rules see the SUPPLEMENTARY INFORMATION
Facilities (SNFs), but only with respect
governing benefits reserved for section of this document.
to debt attributable to non-dual
eligibles. Bad debt payment for dual designated entities (i.e., small FOR FURTHER INFORMATION CONTACT:
eligibles would remain at 100 percent. businesses, rural telephone companies Brian Carter or Gary Michaels, Auctions
By contrast, the proposed rule applied and businesses owned by women and and Spectrum Access Division, Wireless
the 30 percent reduction to all providers minorities). The Commission has Telecommunications Bureau, (202) 418–
other than hospitals, and had no reached a tentative conclusion that it 0660. For additional information
exception for debt attributable to dual- should modify its part 1 rules to restrict concerning the Paperwork Reduction
eligibles. the award of designated entity benefits Act information collection requirements
If we were to finalize the SNF bad to an otherwise qualified designated contained in this document, contact
debt provisions of the proposed rule at entity where it has a material Judith B. Herman at 202–418–0214, or
issue here before the enactment of relationship with a large in-region via the Internet at PRA@fcc.gov.
section 5004 of the DRA, these incumbent wireless service provider,’’ SUPPLEMENTARY INFORMATION: Pursuant
provisions could be superseded by and the Commission seeks comment on to §§ 1.415 and 1.419 of the
contrary legislation very shortly after how it should define the elements of Commission’s rules, 47 CFR 1.415,
publication. This would require a new such a restriction. The Commission also 1.419, interested parties may file
round of rulemaking to address the seeks comment on whether it should comments and reply comments on or
impact of the new legislation. By restrict the award of designated entity before the dates indicated on the first
extending the deadline for publication benefits where an otherwise qualified page of this document. All filings
of a final rule, we would hope to avoid designated entity has a ‘‘material related to this Further Notice of
needless and duplicative rulemaking, relationship’’ with a large entity that has Proposed Rule Making should refer to
and confusion of the public, by a significant interest in communications WT Docket No. 05–211. Comments may
responding to comments on this services. be filed using: (1) The Commission’s
hsrobinson on PROD1PC70 with PROPOSALS

proposed rule, and addressing the DATES: Comments due February 24, Electronic Comment Filing System
effects of section 5004 of the DRA on the 2006 and Reply Comments due March 3, (ECFS), (2) the Federal Government’s
proposed rule, in one rulemaking 2006. Written comments on the eRulemaking Portal, or (3) by filing
document. Paperwork Reduction Act proposed paper copies. See Electronic Filing of
In order to allow time for the information collection requirements Documents in Rulemaking Proceedings,
President to act on the DRA, and for us must be submitted by the public, Office 63 FR 24121 (1998). The public may
to fully assess the impact of this of Management and Budget (OMB), and view a full copy of this document at

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