Notices. Notice of availability
11,709 words·~53 min read·
/register/2007/10/01/07-4826A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
BILLING CODE 6560-50-M ENVIRONMENTAL PROTECTION AGENCY [FRL-8475-1] Clean Water Act Section 303(d): Final Agency Action on 14 Total Maximum Daily Loads (TMDLs) AGENCY: Environmental Protection Agency (EPA). ACTION: Notice of availability. SUMMARY: This notice announces final agency action on 14 TMDLs prepared by EPA Region 6 for waters listed in Louisiana's Red and Sabine River Basins, under section 303(d) of the Clean Water Act (CWA). Documents from the administrative record file for the 14 TMDLs, including TMDL calculations and responses to comments, may be viewed at *http://www.epa.gov/earth1r6/6wq/npdes/tmdl/index.htm* .
The administrative record file may be examined by calling or writing Ms. Diane Smith at the address below. Please contact Ms. Smith to schedule an inspection. FOR FURTHER INFORMATION CONTACT: Diane Smith, Environmental Protection Specialist, Water Quality Protection Division, U.S. EPA Region 6, 1445 Ross Avenue, Dallas, TX 75202-2733,
(214)665-2145. SUPPLEMENTARY INFORMATION: In 1996, two Louisiana environmental groups, the Sierra Club and Louisiana Environmental Action Network (plaintiffs), filed a lawsuit in Federal Court against the EPA, styled *Sierra Club, et al.* v. *Clifford et al.* , No. 96-0527, (E.D. La.). Among other claims, plaintiffs alleged that EPA failed to establish Louisiana TMDLs in a timely manner. EPA established five of these TMDLs pursuant to a consent decree entered in this lawsuit. EPA Takes Final Agency Action on 14 TMDLs By this notice EPA is taking final agency action on the following 14 TMDLs for waters located within the Louisiana river basins: Subsegment Waterbody name Pollutant 100401-0556575 Ivan Lake Mercury. 100703 Black Lake and Clear Lake Mercury. 100705 Kepler Lake Mercury. 100709 Grand Bayou—Headwaters to Black Lake Bayou Mercury. 100709-001 Grand Bayou Reservoir Mercury. 100803 Saline Bayou—From Saline Lake to Red River Mercury. 101302 Iatt Lake Mercury. 101501 Big Saline Bayou—Catahoula Lake to Saline Lake Mercury. 101502 Saline Lake Mercury. 101504 Saline Bayou—Larto Lake to Saline Lake (scenic) Mercury. 101505 Larto Lake Mercury. 101506 Big Creek—Headwaters to Saline Lake Mercury. 110101 Toledo Bend Reservoir—TX-LA Line to Toledo Bend Dam Mercury. 110503 Vernon Lake Mercury. EPA requested the public to provide EPA with any significant data or information that might impact the 14 Final TMDLs in the **Federal Register** Notice: Volume 72, Number 137, page 39420 (July 18, 2007). The comments received and the EPA's response to comments and the TMDLs may be found at *http://www.epa.gov/earth1r6/6wq/npdes/tmdl/index.htm* . Dated: September 24, 2007 William K. Honker, Deputy Director, Water Quality Protection Division, EPA Region 6. [FR Doc. E7-19335 Filed 9-28-07; 8:45 am] BILLING CODE 6560-50-P FEDERAL COMMUNICATIONS COMMISSION Notice of Public Information Collection(s) Being Reviewed by the Federal Communications Commission, Comments Requested September 24, 2007. SUMMARY: The Federal Communications Commission, as part of its continuing effort to reduce paperwork burden, invites the general public and other Federal agencies to take this opportunity to comment on the following information collection(s), as required by the Paperwork Reduction Act of 1995, Public Law 104-13. An agency may not conduct or sponsor a collection of information unless it displays a currently valid control number. No person shall be subject to any penalty for failing to comply with a collection of information subject to the Paperwork Reduction Act
(PRA)that does not display a valid control number. Comments are requested concerning
(a)whether the proposed collection of information is necessary for the proper performance of the functions of the Commission, including whether the information shall have practical utility;
(b)the accuracy of the Commission's burden estimate;
(c)ways to enhance the quality, utility, and clarity of the information collected; and
(d)ways to minimize the burden of the collection of information on the respondents, including the use of automated collection techniques or other forms of information technology. DATES: Written comments should be submitted on or before November 30, 2007. If you anticipate that you will be submitting comments, but find it difficult to do so within the period of time allowed by this notice, you should advise the contact listed below as soon as possible. ADDRESSES: You may submit all PRA comments by e-mail or U.S. mail. To submit your comments by e-mail, send them to *PRA@fcc.gov.* To submit your comments by U.S. mail, send them to Jerry Cowden, Federal Communications Commission, Room 1-B135, 445 12th Street, SW., Washington, DC 20554. FOR FURTHER INFORMATION CONTACT: For additional information about the information collection(s), contact Jerry Cowden via e-mail at *PRA@fcc.gov* or call
(202)418-0447. SUPPLEMENTARY INFORMATION: *OMB Control No.:* 3060-0076. *Title:* Common Carrier Annual Employment Report (47 CFR 1.815, 22.321, 23.55, 90.168, 101.4, and 101.311). *Form No.:* FCC Form 395. *Type of Review:* Revision of a currently approved collection. *Respondents:* Business or other for-profit. *Number of Respondents:* 1,100 respondents; 1,100 responses. *Estimated Time per Response:* 1 hour. *Frequency of Response:* Annual reporting requirement; recordkeeping requirement. *Obligation to Respond:* Required to obtain or retain a benefit. *Total Annual Burden:* 1,100 hours. *Total Annual Cost:* None. *Privacy Impact Assessment:* Not applicable. *Nature of Extent of Confidentiality:* There is no need for confidentiality. *Needs and Uses:* The Common Carrier Annual Employment Report (FCC Form 395) is required of all FCC licensees or permittees of common carrier stations with 16 or more full-time employees. In addition, discrimination reports must be filed by all licensees or permittees, regardless of the number of employees, in accordance with sections 21.307(d), 22.321(c), and 23.55(d) of the Commission's rules. The discrimination complaint requirement can be satisfied by completing Section V of FCC Form 395, instead of by submission of a separate report. Information collected on the Form 395 contains breakouts of various job categories and contains the number of full-time and part-time male and female employees by race and ethnic categories. The Commission will revise the FCC Form 395 to conform to the Equal Employment Opportunity Commission's revised Race and Ethnic Standards. Federal Communications Commission. Marlene H. Dortch, Secretary. [FR Doc. E7-19226 Filed 9-28-07; 8:45 am] BILLING CODE 6712-01-P FEDERAL COMMUNICATIONS COMMISSION Notice of Public Information Collection(s) Being Reviewed by the Federal Communications Commission for Extension Under Delegated Authority, Comment Requested September 21, 2007. SUMMARY: The Federal Communications Commission, as part of its continuing effort to reduce paperwork burdens, invites the general public and other Federal agencies to take this opportunity to
(PRA)of 1995 (PRA), Public Law No. 104-13. An agency may not conduct or sponsor a collection of information unless it displays a currently valid control number. Subject to the PRA, no person shall be subject to any penalty for failing to comply with a collection of information that does not display a valid control number. Comments are requested concerning
(a)whether the proposed collection of information is necessary for the proper performance of the functions of the Commission, including whether the information shall have practical utility;
(b)the accuracy of the Commission's burden estimate;
(c)ways to enhance the quality, utility, and clarity of the information collected; and
(d)ways to minimize the burden of the collection of information on the respondents, including the use of automated collection techniques or other forms of information technology. DATES: Written PRA comments should be submitted on or before November 30, 2007. If you anticipate that you will be submitting comments, but find it difficult to do so within the period of time allowed by this notice, you should advise the contact listed below as soon as possible. ADDRESSES: You may submit all PRA comments by e-mail or U.S. post mail. To submit your comments by e-mail, send them to *PRA@fcc.gov* . To submit your comments by U.S. mail, mark them to the attention of Cathy Williams, Federal Communications Commission, Room 1-C823, 445 12th Street, SW., Washington, DC 20554. FOR FURTHER INFORMATION CONTACT: For additional information about the information collection(s), contact Cathy Williams at
(202)418-2918 or send an e-mail to *PRA@fcc.gov* . SUPPLEMENTARY INFORMATION: *OMB Control Number:* 3060-0649. *Title:* Sections 76.1601, Deletion or Repositioning of Broadcast Signals, 76.1617, Initial Must-Carry Notice, 76.1607 and 76.1708, Principal Headend. *Form Number:* Not applicable. *Type of Review:* Extension of a currently approved collection. *Respondents:* Business or other for-profit entities; Not-for-profit institutions. *Number of Respondents:* 3,300. *Estimated Hours per Response:* 0.5 to 1 hour. *Frequency of Response:* On occasion reporting requirement; Third party disclosure requirement; Recordkeeping requirement. *Total Annual Burden:* 2,200 hours. *Total Annual Costs:* None. *Nature of Response:* Required to obtain or retain benefits. *Confidentiality:* No need for confidentiality required. *Privacy Impact Assessment:* No impact(s). *Needs and Uses:* 47 CFR 76.1601 requires that effective April 2, 1993, a cable operator shall provide written notice to any broadcast television station at least 30 days prior to either deleting from carriage or repositioning that station. Such notification shall also be provided to subscribers of the cable system. 47 CFR 76.1607 states that cable operators shall provide written notice by certified mail to all stations carried on its system pursuant to the must-carry rules at least 60 days prior to any change in the designation of its principal headend. 47 CFR 76.1617 states within 60 days of activation of a cable system, a cable operator must notify all qualified NCE stations of its designated principal headend by certified mail; within 60 days of activation of a cable system, a cable operator must notify all local commercial and NCE stations that may not be entitled to carriage because they either; and within 60 days of activation of a cable system, a cable operator must send by certified mail a copy of a list of all broadcast television stations carried by its system and their channel positions to all local commercial and noncommercial television stations, including those not designated as must-carry stations and those not carried on the system. 47 CFR 76.1708(a) states that the operator of every cable television system shall maintain for public inspection the designation and location of its principal headend. If an operator changes the designation of its principal headend, that new designation must be included in its public file. Federal Communications Commission. Marlene H. Dortch, Secretary. [FR Doc. E7-19244 Filed 9-28-07; 8:45 am] BILLING CODE 6712-01-P FEDERAL COMMUNICATIONS COMMISSION Public Information Collections Approved by Office of Management and Budget September 17, 2007. SUMMARY: The Federal Communications Commission
(FCC)has received Office of Management and Budget
(OMB)approval for the following public information collections pursuant to the Paperwork Reduction Act of 1995, Public Law 104-13. An agency may not conduct or sponsor and a person is not required to respond to a collection of information unless it displays a currently valid control number. FOR FURTHER INFORMATION CONTACT: Dana Wilson, Federal Communications Commission, 445 12th Street, SW., Washington, DC 20554,
(202)418-2247 or via the Internet at *Dana.Wilson@fcc.gov.* SUPPLEMENTARY INFORMATION: *OMB Control No.:* 3060-0422. *OMB Approval Date:* 09/10/2007. *Expiration Date:* 09/30/2010. *Title:* Section 68.5, Waivers (Application for Waiver of Hearing Aid Compatibility Requirements. *Form No.:* N/A. *Estimated Annual Burden:* 10 responses; 3 hours per response; 30 total annual hourly burden. *Needs and Uses:* Telephone manufacturers seeking a waiver of 47 CFR 68.4(a)(1), which requires that certain telephones be hearing aid compatible, must demonstrate that compliance with the rule is technologically infeasible or too costly. Information is used by FCC staff to determine whether to grant or dismiss the request. *OMB Control No.:* 3060-0874. *OMB Approval Date:* 09/11/2007. *Expiration Date:* 09/30/2010. *Title:* Consumer Complaint Forms, FCC Forms 475-B and FCC Form 2000. *Form No.:* FCC Forms 475-B; 2000-A, 2000-B, 2000-C, 2000-D, 2000-E, and 2000-F. *Estimated Annual Burden:* 1,330,108 responses; 15 to 30 minutes per response; 347,221 total annual hourly burden. *Needs and Uses:* Section 208(a) of the Communications Act of 1934, as amended, authorizes complaints by any “person complaining of anything done or omitted to be done by any common carrier” subject to the provisions of the Act. Section 208(a) further states that, if a carrier does not satisfy a complaint or there appears to be any reasonable ground for investigating the complaint, the Commission shall “investigate the matters complained of in such manner and by such means as it shall deem proper.” Although the Act does not discuss how the Commission should treat complaints against non-common carriers for violations of the Act or Commission rules, the Commission investigates such complaints in a manner similar to how it treats those against common carriers. Currently, the Commission has specific complaint forms for the unauthorized conversion of a person's telephone service (“slamming”) (FCC Form 501), the broadcast of indecent, obscene, or profane material (FCC Form 475B), and the unlawful telemarketing, “junk faxing,” or e-mail messaging to a wireless device (FCC Form 1088). The new FCC Form 2000 replaces the FCC Form 475, providing greater clarity and ease of use by separating the various complaint subject areas into separate subparts tailored to each subject. The Internet-based version of FCC Form 2000 first asks for the complainant's contact information, including name, address, telephone number, and e-mail address; then presents a “gateway” question to determine the general topic of the complaint:
(1)Deceptive or unlawful advertising or marketing;
(2)billing, privacy, or service quality;
(3)disability access;
(4)emergency or public safety;
(5)general media issues; or
(6)other complaints. As described below, the form provides examples of the types of issues covered by each topic. After the complainant answers this question, the form asks additional questions geared to the specific type of violation reported. The form poses certain mandatory threshold questions that must be answered for the Commission to determine whether a violation has occurred. It also provides space for complainants to provide additional information and details that may be necessary or helpful to the Commission in investigating the complaint. In printed format, FCC Form 2000 has six subparts, one for each area described above. Each subpart of the printable version of FCC Form 2000 consolidates the complainant's personal information with detailed questions about the specific violations alleged by the complainant. The information collected by FCC Form 2000 may ultimately become the foundation for enforcement actions and/or rulemaking proceedings, as appropriate. FCC Form 475-B, Obscene, Profane, and Indecent Complaint Form is used by consumers to lay out precisely their complaint(s) and issue(s) concerning the practices of the communications entities, which consumers believe may have aired obscene, profane, and/or indecent programming. FCC Form 475-B remains unchanged. *OMB Control No.:* 3060-0967. *OMB Approval Date:* 09/05/2007. *Expiration Date:* 09/30/2010. *Title:* Section 79.2, Accessibility of Programming Providing Emergency Information. *Form No.:* N/A. *Estimated Annual Burden:* 100 responses; 1 to 2 hours per response; 210 total annual hourly burden. *Needs and Uses:* 47 CFR 79.2 is designed to ensure that persons with hearing and visual disabilities have access to the critical details of emergency information. The Commission adopted the rules to assist persons with hearing disabilities on April 14, 2000, in the *Second Report and Order* in MM Docket No. 95-176. The Commission modified the rules to assist persons with visual disabilities on July 21, 2000, in the *Report and Order* in MM Docket No. 99-339. As the Commission noted in the previous PRA submission, the Commission adopted its rules for persons with different disabilities at different times. 47 CFR 79.2(c) requires that each complaint transmitted to the Commission include the following: the name of the video programming distributor at issue; the date and time of the omission of the emergency information; and the type of emergency. The Commission then notifies the video programming distributor, which must reply within 30 days. *OMB Control No.:* 3060-0968 *OMB Approval Date:* 09/13/2007. *Expiration Date:* 09/30/2010. *Title:* Slamming Complaint Form. *Form No.:* FCC Form 501. *Estimated Annual Burden:* 3,600 responses; 15 minutes per response; 900 total annual hourly burden. *Needs and Uses:* On December 17, 1998, the Commission announced to the public via news release its plan to provide consumers with tools to better protect themselves from telephone related fraud, as well as offer consumers an easy means to file complaints. On December 23, 1998, the Commission released a *Second Report and Order and Further Notice of Proposed Rulemaking* (FCC 98-334) adopting new rules to prevent the unauthorized change by telecommunications carriers of consumers' selections of telecommunications service providers (slamming), and revealing future initiatives to protect consumers from telephone related fraud. One of those initiatives was the development of the electronic slamming complaint form: FCC Form 501. FCC Form 501, Slamming Complaint Form, is devised to ensure complete and efficient submission of necessary information to process slamming complaints. FCC Form 501 remains available to consumers electronically and in hard copy. The Commission will use this information to provide redress to consumers and to act against companies engaged in this illegal practice. *OMB Control No.:* 3060-1084. *OMB Approval Date:* 06/25/2007. *Expiration Date:* 06/30/2010. *Title:* Rules and Regulations Implementing Minimum Customer Account Record Exchange Obligations on All Local and Interexchange Carriers (CARE). *Form No.:* N/A. *Estimated Annual Burden:* 433,040 responses; 0.27 to 6.7 hours per response; 39,840 total annual hourly burden. *Needs and Uses:* In addition to the existing information collection requirements that we previously approved by OMB, in the Order on Reconsideration, In the Matter of Rules and Regulations Implementing Minimum Customer Account Record Exchange Obligations on All Local Exchange Carriers
(LECs)and Interexchange Carriers (IXCs)(2005 Report and Order), CG Docket No. 02-386, FCC 06-134, which was released on September 13, 2006, the Commission concluded that minor modifications to 47 CFR 64.4002 are needed to clarity carriers' respective obligations under that rule section. Paragraph 64.4002(d) is modified to require that LEC notify an IXC when the LEC has removed at its local switch a presubscribed customer of the IXC in connection with the customer's selection of “no-PIC” (preferred interexchange carrier) status. In this context, the selection of “no-PIC” status by the customer refers to the selection of no carriers for interLATA (Local Access Transport and Area) service or no carrier for interLATA service. The Commission concludes that this modification is needed to ensure that an IXC does not continue billing a customer for non-usage-related monthly charges where that customer has contacted his current LEC or his current IXC to select “no-PIC” status. Paragraph 64.4002(e) of the Commission's rules is modified to include the effective date of any changes to a customer's local service account and the carrier identifications code of the customer's IXC among the categories of information that must be provided to the IXC by the LEC. The Commission concludes that knowing the effective date of account changes will help IXCs to maintain accurate customer account information and that including the carrier identification code of the customer's IXC will enable an IXC to verify that it is the proper recipient of the transmitted information. Paragraph 64.402(g) of the Commission's rules is modified to make the information categories included in paragraph 64.402(g) consistent with those included in other LEC notifications requirements. Paragraph 64.4002(g) also is modified to require that when a customer changes LECs, but wishes to retain his current PIC, the new LEC must so notify the current PIC so that the current PIC does not erroneously assume, absent additional notification from the new LEC, that the customer also wishes to cancel his current PIC. Federal Communications Commission. Marlene H. Dortch, Secretary. [FR Doc. E7-19250 Filed 9-28-07; 8:45 am] BILLING CODE 6712-01-P FEDERAL COMMUNICATIONS COMMISSION Radio Broadcasting Services; AM or FM Proposals To Change the Community of License AGENCY: Federal Communications Commission. ACTION: Notice. SUMMARY: The following applicants filed AM or FM proposals to change the community of license: ACE Radio Corporation, Station NEW, Facility ID 166075, BNPH-20060308AJG, from Mertzon, TX, to Goodfellow AFB, TX; Alaska Educational Radio System, Inc., Station KABN-FM, Facility ID 93588, BPED-20070907AHA, from Kasilof, AK, to Sterling, AK; American Family Association, Station WMSB, Facility ID 42060, BMPED-20070830ADY, from Senatobia, MS, to Byhalia, MS; American Family Association, Station WQVI, Facility ID 93254, BPED-20070905ABH, from Forest, MS, to Madison, MS; American Family Association, Station WIGH, Facility ID 25543, BPED-20070906AAK, from Lexington, TN, to Jackson, TN; Appaloosa Broadcasting Company, Inc., Station KIMX, Facility ID 82007, BPH-20070822AAL, from LARAMIE, 9Y, to Nunn, CO; California State University, Sacramento, Station KXSR, Facility ID 8328, BPED-20070907AGI, from Groveland, CA, to Angles Camp, CA; Coltrace Communications, Inc., Station WTWS, Facility ID 15563, BPH- 20070907AEO, from Harrison, MI, to Houghton Lake, MI; Coltrace Communications, Inc., Station WUPS, Facility ID 49694, BPH-20070907AEP, from Houghton Lake, MI, to Harrison, MI; Csn International, Station WAJC, Facility ID 41094, BPED-20070821ABE, from Wilson, NC, to Zebulon, NC; CSN International, Station WTMK, Facility ID 90498, BPED-20070830AAU, from Lowell, IN, to Wanatah, IN; CSN International, Station KJCQ, Facility ID 124890, BPED-20070906ADK, from Quincy, CA, to WESTWOOD, CA; CSN International, Station KJCU, Facility ID 87930, BPED-20070906ADN, from Laytonville, CA, to Fort Bragg, CA; CSN international, Station KAJC, Facility ID 91565, BPED-20070906ADR, from Salem, OR, to Millersburg, OR; Cumulus Licensing, LLC., Station NEW, Facility ID 162261, BMPH-20070911ACM, from Chatfield, MN, to Eyota, MN; Cumulus Licensing, LLC., Station KFIL-FM, Facility ID 34428, BPH-20070911ACO, from Preston, MN, to Chatfield, MN; Educational Media Foundation, Station WKVF, Facility ID 859, BPH-20070830ADZ, from Byhalia, MS, to Germantown, TN; Educational Media Foundation, Station WKVZ, Facility ID 64493, BPH-20070830AEB, from Ripley, TN, to Hayti, MO; Educational Media Foundation, Station KAER, Facility ID 93355, BPED-20070907AFS, from St. George, UT, to Mesquite, NV; Four Rivers Community Broadcasting Corporation, Station 990901MA, Facility ID 94223, BMPED-20070906AFP, from Mcconnellsburg, PA, To Hustontown, PA; Gla-Mar Broadcasting, LLC., Station KBZB, Facility ID 78999, BPH-20070803ADL, from Pioche, NV, to SANTA CLARA, UT; Horizon Christian Fellowship, Station WWDL, Facility ID 91476, BMPED-20070907AGR, from Lebanon, IN, to Plainfield, IN; Indiana Community Radio Corp., Station WJCF, Facility ID 91193, BPED-20070827AEJ, from Morristown, IN, to Greenfield, IN; New Century Media Group, LLC., Station WKXU, Facility ID 22322, BPH-20060921ACX, from Louisburg, NC, to Hillsborough, NC; Northern Star Broadcasting, LLC., Station WMKC, Facility ID 42141, BPH-20070905AAN, from St. Ignace, MI, to Indian River, MI; Rural California Broadcasting Corp., Station KRCB-FM, Facility ID 57946, BPED-20070906AFL, from Santa Rosa, CA, to Windsor, CA; Sutton Radiocasting Corporation, Station WRBN, Facility ID 56201, BMPH-20070830AEJ, from Clayton, GA, to Dillsboro, NC; Tejas Broadcasting, LLP, Station NEW, Facility ID 162373, BMPH-20070829ADC, from Texico, NM, to Bovina, TX; White Park Broadcasting, Inc., Station KANT, Facility ID 164287, BMPH-20070828AAX, from Guernsey, WY, to Glendo, WY. DATES: Comments may be filed through November 30, 2007. ADDRESSES: Federal Communications Commission, 445 Twelfth Street, SW., Washington, DC 20554. FOR FURTHER INFORMATION CONTACT: Tung Bui, 202-418-2700. SUPPLEMENTARY INFORMATION: The full text of these applications is available for inspection and copying during normal business hours in the Commission's Reference Center, 445 12th Street, SW., Washington, DC 20554 or electronically via the Media Bureau's Consolidated Data Base System, *http://svartifoss2.fcc.gov/prod/cdbs/pubacc/prod/cdbs_pa.htm* . A copy of this application may also be purchased from the Commission's duplicating contractor, Best Copy and Printing, Inc., 445 12th Street, SW., Room CY-B402, Washington, DC, 20554, telephone 1-800-378-3160 or *http://www.BCPIWEB.com.* Federal Communications Commission. James D. Bradshaw, Deputy Chief, Audio Division, Media Bureau. [FR Doc. E7-19341 Filed 9-28-07; 8:45 am] BILLING CODE 6712-01-P FEDERAL COMMUNICATIONS COMMISSION [Report No. 2831] Petitions for Partial Reconsideration of Action in Rulemaking Proceeding September 24, 2007. Petitions for Reconsideration have been filed in the Commission's Rulemaking proceeding listed in this Public Notice and published pursuant to 47 CFR 1.429(e). The full text of these documents is available for viewing and copying in Room CY-B402, 445 12th Street, SW., Washington, DC or may be purchased from the Commission's copy contractor, Best Copy and Printing, Inc.
(BCPI)(1-800-378-3160). Oppositions to these petitions must be filed by October 16, 2007. See Section 1.4(b)(1) of the Commission's rules (47 CFR 1.4(b)(1). Replies to oppositions must be filed within 10 days after the time for filing oppositions have expired. Subject In the Matter of Improving Public Safety Communications in the 800 MHz Band (WT Docket No. 02-55). Consolidating the 800 and 900 MHz Industrial/Land Transportation and Business Pool Channels. Amendment of Part 2 of the Commission's Rules Allocate Spectrum below 3 GHz for Mobile and Fixed Services to Support the Introduction of New Advanced Wireless Services, including Third Generation Wireless Systems (ET Docket No. 00-258). Petition for Rule Making of the Wireless Information Networks Forum Concerning the Unlicensed Personal Communications Service (RM-9498). Petition for Rule Making of UT Starcom, Inc., Concerning the Unlicensed Personal Communications Service (RM-10024). Amendment of Section 2.106 of the Commission's Rules to Allocate Spectrum at 2 GHz for Use by the Mobile Satellite Service (ET Docket No. 95-18). *Number of Petitions Filed:* 2. Marlene H. Dortch, Secretary. [FR Doc. E7-19338 Filed 9-28-07; 8:45 am] BILLING CODE 6712-01-P FEDERAL ELECTION COMMISSION [Notice 2007-17] Filing Dates for the Ohio Special Election in the 5th Congressional District AGENCY: Federal Election Commission. ACTION: Notice of filing dates for special election. SUMMARY: Ohio has scheduled elections on November 6, 2007, and December 11, 2007, to fill the U.S. House of Representatives seat in the Fifth Congressional District vacated by the late Congressman Paul E. Gillmor. Committees required to file reports in connection with the Special Primary Election on November 6, 2007, shall file a 12-day Pre-Primary Report. Committees required to file reports in connection with both the Special Primary and Special General Election on December 11, 2007, shall file a 12-day Pre-Primary Report, a 12-day Pre-General Report, and a 30-day Post-General Report. FOR FURTHER INFORMATION CONTACT: Mr. Kevin R. Salley, Information Division, 999 E Street, NW., Washington, DC 20463; Telephone:
(202)694-1100; Toll Free
(800)424-9530. SUPPLEMENTARY INFORMATION: Principal Campaign Committees All principal campaign committees of candidates who participate in the Ohio Special Primary and Special General Elections shall file a 12-day Pre-Primary Report on October 25, 2007; a 12-day Pre-General Report on November 29, 2007; and a consolidated 30-day Post-General and Year-End Report on January 10, 2008. (See chart below for the closing date for each report). All principal campaign committees of candidates participating *only* in the Special Primary Election shall file a 12-day Pre-Primary Report on October 25, 2007. (See chart below for the closing date for each report). Unauthorized Committees (PACs and Party Committees) Political committees filing on a semiannual basis in 2007 are subject to special election reporting if they make previously undisclosed contributions or expenditures in connection with the Ohio Special Primary or Special General Elections by the close of books for the applicable report(s). (See chart below for the closing date for each report). Committees filing monthly that support candidates in the Ohio Special Primary or Special General Election must continue to file according to the monthly reporting schedule. Disclosure of Electioneering Communications (Individuals and Other Unregistered Organizations) Federal Election Commission electioneering communications rules govern television and radio communications that refer to a clearly identified federal candidate and are distributed within 30 days prior to a special primary election or 60 days prior to a special general election. 11 CFR 100.29. See also 2 U.S.C. 434(f). The statute and regulations require, among other things, that individuals and other groups not registered with the FEC who make electioneering communications costing more than $10,000 in the aggregate in a calendar year disclose that activity to the Commission within 24 hours of the distribution of the communication. See 2 U.S.C. 434(f)(1) and 11 CFR 104.20. The 30-day electioneering communications period in connection with the Ohio Special Primary runs from October 7, 2007, through November 6, 2007. The 60-day electioneering communications period in connection with the Ohio Special General runs from October 12, 2007, through December 11, 2007. Calendar of Reporting Dates for Ohio Special Election Report Close of books 1 Reg./cert. & overnight mailing deadline Filing deadline Quarterly filing committees involved in only the special primary (11/06/07), must file October quarterly ——waived—— Pre-primary 10/17/07 10/22/07 10/25/07 Year-end 12/31/07 01/31/08 01/31/08 Semiannual filing committees involved in only the special primary (11/06/07), must file Pre-primary 10/17/07 10/22/07 Year-end 12/31/07 01/31/08 01/31/08 Quarterly filing committees involved in both the special primary (11/06/07) and special general (12/11/07) must file October Quarterly ——waived—— Pre-primary 10/17/07 10/22/07 10/25/07 Pre-general 11/21/07 11/26/07 11/29/07 Post-general & year-end 2 12/31/07 01/10/08 01/10/08 Semiannual filing committees involved in both the special primary (11/06/07) and special general (12/11/07) must file Pre-primary 10/17/07 10/22/07 10/25/07 Pre-general 11/21/07 11/26/07 11/29/07 Post-general & year-end 2 12/31/07 01/10/08 01/10/08 Quarterly filing committees involved in only the special general (12/11/07), must file Pre-general 11/21/07 11/26/07 Post-general & year-end 2 12/31/07 01/10/08 01/10/08 Semiannual filing committees involved in only the special general (12/11/07), must file Pre-general 11/21/07 11/26/07 11/29/07 Post-general & year-end 2 12/31/07 01/10/08 01/10/08 1 The period begins with the close of books of the last report filed by the committee. If the committee has filed no previous reports, the period begins with the date of the committee's first activity. 2 Committees must file a consolidated Post-General and Year-End Report by the filing date of the Post-General Report. Dated: September 24, 2007. Robert D. Lenhard, Chairman, Federal Election Commission. [FR Doc. E7-19261 Filed 9-28-07; 8:45 am] BILLING CODE 6715-01-P FEDERAL RESERVE SYSTEM Formations of, Acquisitions by, and Mergers of Bank Holding Companies The companies listed in this notice have applied to the Board for approval, pursuant to the Bank Holding Company Act of 1956 (12 U.S.C. 1841 *et seq.* ) (BHC Act), Regulation Y (12 CFR Part 225), and all other applicable statutes and regulations to become a bank holding company and/or to acquire the assets or the ownership of, control of, or the power to vote shares of a bank or bank holding company and all of the banks and nonbanking companies owned by the bank holding company, including the companies listed below. The applications listed below, as well as other related filings required by the Board, are available for immediate inspection at the Federal Reserve Bank indicated. The application also will be available for inspection at the offices of the Board of Governors. Interested persons may express their views in writing on the standards enumerated in the BHC Act (12 U.S.C. 1842(c)). If the proposal also involves the acquisition of a nonbanking company, the review also includes whether the acquisition of the nonbanking company complies with the standards in section 4 of the BHC Act (12 U.S.C. 1843). Unless otherwise noted, nonbanking activities will be conducted throughout the United States. Additional information on all bank holding companies may be obtained from the National Information Center website at *www.ffiec.gov/nic/* . Unless otherwise noted, comments regarding each of these applications must be received at the Reserve Bank indicated or the offices of the Board of Governors not later than October 26, 2007. **A. Federal Reserve Bank of Richmond** (A. Linwood Gill, III, Vice President) 701 East Byrd Street, Richmond, Virginia 23261-4528: *1. South Atlantic Bancshares, Inc., Myrtle Beach, South Carolina;* to become a bank holding company by acquiring 100 percent of the voting shares of South Atlantic Bank, Myrtle Beach, South Carolina (in organization). **B. Federal Reserve Bank of Atlanta** (David Tatum, Vice President) 1000 Peachtree Street, N.E., Atlanta, Georgia 30309: *1. Community Bank Investors of America, LP, Midlothian, Virginia;* to become a bank holding company by acquiring 34 percent of the outstanding voting shares of Bay Bank, Tampa, Florida, upon the conversion of Bay Financial Savings Bank, F.S.B., Tampa, Florida, to a state member bank. **C. Federal Reserve Bank of Kansas City** (Donna J. Ward, Assistant Vice President) 925 Grand Avenue, Kansas City, Missouri 64198-0001: *1. First Olathe Bancshares, Inc., Overland Park, Kansas;* to acquire 99.88 percent of the voting shares of First National Bank of Scottsdale, Scottsdale, Arizona (in organization). Board of Governors of the Federal Reserve System, September 26, 2007. Robert deV. Frierson, Deputy Secretary of the Board. [FR Doc. E7-19314 Filed 9-28-07; 8:45 am] BILLING CODE 6210-01-S DEPARTMENT OF HEALTH AND HUMAN SERVICES Centers for Disease Control and Prevention [60 Day-07-0591] Proposed Data Collections Submitted for Public Comment and Recommendations In compliance with the requirement of Section 3506(c)(2)(A) of the Paperwork Reduction Act of 1995 for opportunity for public comment on proposed data collection projects, the Centers for Disease Control and Prevention
(CDC)will publish periodic summaries of proposed projects. Alternatively, to obtain a copy of the data collection plans and instrument, call 404-639-5960 and send comments to Maryam I. Daneshvar, CDC Acting Reports Clearance Officer, 1600 Clifton Road NE., MS-D74, Atlanta, Georgia 30333; comments may also be sent by e-mail to *omb@cdc.gov.* Comments are invited on
(a)whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information shall have a practical utility;
(b)the accuracy of the agency's estimate of the burden of the proposed collection of information;
(c)ways to enhance the quality, utility, and clarity of the information to be collected; and
(d)ways to minimize the burden of the collection of information on respondents, including through the use of information technology. Written comments should be received within 60 days of this notice. Proposed Project Select Agent Distribution Activity: Request for Select Agent (OMB Control No. 0920-0591)—Extension with change—National Center for Preparedness, Detection, and Control of Infectious Diseases (NCPDCID), Centers for Disease Control and Prevention (CDC). Background and Brief Description The Centers for Disease Control and Prevention is requesting a three year extension to continue data collection under the Select Agent Distribution Activity. The form used for this activity is currently approved under OMB Control No. 0920-0591. The purpose of this data collection is to provide a systematic and consistent mechanism to review requests that come to CDC for Select Agents. The term select agents is used to described a limited group of viruses, bacteria, rickettsia, and toxins that have the potential for use as agents of bioterrorism, inflicting significant morbidity and mortality on susceptible populations. In light of current terrorism concerns and the significant NIH grant monies directed toward Select Agent research, CDC receives hundreds of requests for Select Agents from researchers. The approximately 900 applicants are required to complete an application form in which they identify themselves and their institution, provide a Curriculum Vitae or biographical sketch, a summary of their research proposal, and sign indemnification and material transfer agreement statements. A user fee will be collected to recover costs for materials, handling and shipping (except for public health laboratories). The cost to the respondent will vary based on which agent is requested. In this request, CDC is requesting approval for approximately 450 hours; no change from the currently approved burden. The only change to this data collection request is updating the name of the National Center on the application form. The National Center for Preparedness, Detection, and Control of Infectious Diseases officially became a National Center in April, 2007. Estimated Annualized Burden Hours Respondent Number of respondents Number of responses per respondent Average burden per response (in hours) Total burden (in hours) Researcher 900 1 30/60 450 Dated: September 25, 2007. Maryam I. Daneshvar, Acting Reports Clearance Officer, Centers for Disease Control and Prevention. [FR Doc. E7-19301 Filed 9-28-07; 8:45 am] BILLING CODE 4163-18-P DEPARTMENT OF HEALTH AND HUMAN SERVICES Centers for Medicare & Medicaid Services [CMS-1399-GNC] RIN 0938-ZB02 Medicare Program; Criteria and Standards for Evaluating Intermediary and Carrier Performance During Fiscal Year 2008 AGENCY: Centers for Medicare and Medicaid Services (CMS), HHS. ACTION: General notice with comment period. SUMMARY: This general notice with comment period describes the criteria and standards to be used for evaluating the performance of fiscal intermediaries
(FI)and carriers in the administration of the Medicare program. The results of these evaluations are considered whenever we enter into, renew, or terminate a FI agreement, carrier contract, or take other contract actions, for example, assigning or reassigning providers or services to a FI or designating regional or national intermediaries. We are requesting public comment on these criteria and standards. DATES: *Effective Date:* The criteria and standards are effective on October 1, 2007. *Comment Date:* To be assured consideration, comments must be no later than 5 p.m. on November 30, 2007. ADDRESSES: In commenting, please refer to file code CMS-1399-GNC. Because of staff and resource limitations, we cannot accept comments by facsimile
(FAX)transmission. You may submit comments in one of four ways (no duplicates, please): 1. *Electronically.* You may submit electronic comments on specific issues in this regulation to *http://www.cms.hhs.gov/eRulemaking.* Click on the link “Submit electronic comments on CMS regulations with an open comment period.” (Attachments should be in Microsoft Word, WordPerfect, or Excel; however, we prefer Microsoft Word.) 2. *By regular mail.* You may mail written comments (one original and two copies) to the following address ONLY: Centers for Medicare & Medicaid Services, Department of Health and Human Services, Attention: CMS-1399—GNC, P.O. Box 8013, Baltimore, MD 21244-8013. Please allow sufficient time for mailed comments to be received before the close of the comment period. 3. *By express or overnight mail.* You may send written comments (one original and two copies) to the following address ONLY: Centers for Medicare & Medicaid Services, Department of Health and Human Services, Attention: CMS-1399—GNC Mail Stop C4-26-05, 7500 Security Boulevard, Baltimore, MD 21244-1850. 4. *By hand or courier.* If you prefer, you may deliver (by hand or courier) your written comments (one original and two copies) before the close of the comment period to one of the following addresses. If you intend to deliver your comments to the Baltimore address, please call telephone number
(410)786-7195 in advance to schedule your arrival with one of our staff members. 7500 Security Boulevard, Baltimore, MD 21244-1850; or Room 445-G, Hubert H. Humphrey Building, 200 Independence Avenue, SW., Washington, DC 20201. (Because access to the interior of the HHH Building is not readily available to persons without Federal Government identification, commenters are encouraged to leave their comments in the CMS drop slots located in the main lobby of the building. A stamp-in clock is available for persons wishing to retain a proof of filing by stamping in and retaining an extra copy of the comments being filed.) Comments mailed to the addresses indicated as appropriate for hand or courier delivery may be delayed and received after the comment period. For information on viewing public comments, see the beginning of the SUPPLEMENTARY INFORMATION section. FOR FURTHER INFORMATION CONTACT: Lee Ann Crochunis,
(410)786-3363. SUPPLEMENTARY INFORMATION: *Submitting Comments:* We welcome comments from the public on all issues set forth in this notice to assist us in fully considering issues and developing policies. You can assist us by referencing the file code CMS-1399—GNC and the specific “issue identifier” that precedes the section on which you choose to comment. *Inspection of Public Comments:* All comments received before the close of the comment period are available for viewing by the public, including any personally identifiable or confidential business information that is included in a comment. We post all comments received before the close of the comment period on the following Web site as soon as possible after they have been received: *http://www.cms.hhs.gov/eRulemaking.* Click on the link “Electronic Comments on CMS Regulations” on that Web site to view public comments. Comments received timely will also be available for public inspection as they are received, generally beginning approximately 3 weeks after publication of a document, at the headquarters of the Centers for Medicare & Medicaid Services, 7500 Security Boulevard, Baltimore, Maryland 21244, Monday through Friday of each week from 8:30 a.m. to 4 p.m. To schedule an appointment to view public comments, phone 1-800-743-3951. I. Background A. Medicare Part A—Hospital Insurance Under section 1816 of the Social Security Act (the Act), public or private organizations and agencies participate in the administration of Part A (Hospital Insurance) of the Medicare program under agreements with CMS. These agencies or organizations, known as fiscal intermediaries (FIs), determine whether medical services are covered under Medicare, determine correct payment amounts and then make payments to the health care providers (for example, hospitals, skilled nursing facilities (SNFs), and community mental health centers) on behalf of the beneficiaries. Section 1816(f) of the Act requires us to develop criteria, standards, and procedures to evaluate an FI's performance of its functions under its agreement. Section 1816(e)(4) of the Act requires us to designate regional agencies or organizations, which are already Medicare FIs under section 1816 of the Act, to perform claim processing functions for freestanding home health agency
(HHA)claims. We refer to these organizations as Regional Home Health Intermediaries (RHHIs) under the 42 CFR 421.117. The evaluation of FI, performance is part of our contract management process. These evaluations need not be limited to the current fiscal year (FY), other fixed term basis, or agreement term. B. Medicare Part B—Supplementary Medical Insurance Under section 1842 of the Act, we are authorized to enter into contracts with carriers to fulfill various functions in the administration of Part B, Supplementary Medical Insurance of the Medicare program. Beneficiaries, physicians, and suppliers of services submit claims to these carriers. The carriers determine whether the services are covered under Medicare and the amount payable for the services or supplies, and then make payment to the appropriate party. Under section 1842(b)(2) of the Act, we are required to develop criteria, standards, and procedures to evaluate a carrier's performance of its functions under its contract. Evaluations of Medicare fee-for-service
(FFS)contractor performance need not be limited to the current Federal Fiscal Year (FFY), other fixed term basis, or contract term. The evaluation of carrier performance is part of our contract management process. C. Development and Publication of Criteria and Standards In addition to the statutory requirements, § 421.120, § 421.122, and § 421.201, provide for publication of a **Federal Register** notice to announce criteria and standards for FIs and carriers before the beginning of each evaluation period. In the September 29, 2006 **Federal Register** (71 FR 57513), we published a general notice with comment the current criteria and standards for FIs and carriers. To the extent possible, we make every effort to publish the criteria and standards before the beginning of the FFY, which is October 1. If we do not publish a **Federal Register** notice before the new FFY begins, readers may presume that until and unless notified otherwise, the criteria and standards that were in effect for the previous FFY remain in effect. In those instances in which we are unable to meet our goal of publishing the subject **Federal Register** notice before the beginning of the FFY, we may publish the criteria and standards notice at any subsequent time during the year. If we publish a notice in this manner, the evaluation period for the criteria and standards that are the subject of the notice will be effective beginning on the first day of the first month following publication of this notice in the **Federal Register** . Any revised criteria and standards will measure performance prospectively; that is, any new criteria and standards in the notice will be applied only to performance after the effective date listed on the notice. It is not our intention to revise the criteria and standards that will be used during the evaluation period once this information is published in a **Federal Register** notice. However, on occasion, either because of administrative action or statutory mandate, there may be a need for changes that have a direct impact on the criteria and standards previously published, or that require the addition of new criteria or standards, or that cause the deletion of previously published criteria and standards. If we must make these changes, we will publish an amended **Federal Register** notice before implementation of the changes. In all instances, necessary manual issuances will be published to ensure that the criteria and standards are applied uniformly and accurately. Also, as in previous years, this **Federal Register** notice will be republished and the effective date revised if changes are warranted as a result of the public comments received on the criteria and standards. The Medicare Prescription Drug, Improvement and Modernization Act of 2003
(MMA)(Pub. L. 108-173) was enacted on December 8, 2003. Section 911 of the MMA establishes the Medicare FFS Contracting Reform
(MCR)initiative that will be implemented over the next several years. This provision requires that we use competitive procedures to replace our current FIs and carriers with Medicare Administrative Contractors (MACs). The MMA requires that we compete and transition all work to MACs by October 1, 2011. FIs and carriers will continue administering Medicare FFS work as may be required until the final competitively selected MAC is up and operating. We will continue to develop and publish standards and criteria for use in evaluating the performance of FIs and carriers as long as these types of contractors exist. II. Analysis of and Response to Public Comments Received on FY 2007 Criteria and Standards We received five comments in response to the September 29, 2006 **Federal Register** general notice with comment. All comments were reviewed, but none necessitated reissuance of the FY 2007 Criteria and Standards. Comments submitted did not pertain specifically to the FY 2007 Criteria and Standards. III. Criteria and Standards—General [If you choose to comment on issues in this section, please include the caption “CRITERIA AND STANDARDS—GENERAL” at the beginning of your comments.] Basic principles of the Medicare program are to pay claims promptly and accurately, and to foster good beneficiary and provider relations. Contractors must administer the Medicare program efficiently and economically. The goal of performance evaluation is to ensure that contractors meet their contractual obligations. We measure contractor performance to ensure that contractors do what is required of them by statute, regulation, contract, and our directives. We have developed a contractor oversight program for FY 2008 that outlines what is expected of the contractor; measures the performance of the contractor; evaluates the contractor's performance against those expectations; and provides for appropriate contract action based upon the evaluation of the contractor's performance. As a means to monitor the accuracy of Medicare FFS payments, we have established the Comprehensive Error Rate Testing
(CERT)program that measures and reports error rates for claims payment decisions made by carriers and FIs. Since November 2003, the CERT program has been measuring and reporting claims payment error rates for each individual carrier. FI-specific rates became available November 2004. These rates measure not only how well contractors are doing at implementing automated review edits and identifying which claims to subject to manual medical review, but they also measure the impact of the contractor's provider outreach/education, as well as the effectiveness of the contractor's provider call center(s). We will use these contractor-specific error rates as a means to evaluate a contractor's performance. Several times throughout this notice, we refer to the appropriate reading level of letters, decisions, or correspondence that are mailed or otherwise transmitted to Medicare beneficiaries from intermediaries or carriers. In those instances, appropriate reading level is defined as whether the communication is below the eighth grade reading level unless it is obvious that an incoming request from the beneficiary contains language written at a higher level. In these cases, the appropriate reading level is tailored to the capacities and circumstances of the intended recipient. In addition to evaluating performance based upon our expectations for FY 2008, we may also conduct follow-up evaluations throughout FY 2008 of areas in which contractor performance was out of compliance with statute, regulations, and our performance expectations during prior review years where contractors were required to submit a Performance Improvement Plan (PIP). We may also utilize Statement of Auditing Standards-70 (SAS-70) reviews as a means to evaluate contractors in some or all business functions. In FY 2001, we established the Contractor Rebuttal Process as a commitment to continual improvement of contractor performance evaluation (CPE). We will continue the use of this process in FY 2008. The Contractor Rebuttal Process provides the contractors an opportunity to submit a written rebuttal of CPE findings of fact. Whenever we conduct an evaluation of contractor operations, contractors have 7 calendar days from the date of the CPE review exit conference to submit a written rebuttal. The CPE review team or, if appropriate, the individual reviewer considers the contents of the rebuttal before the issuance of the final CPE report to the contractor. The FY 2008 CPE for FIs and carriers is structured into five criteria designed to meet the stated objectives. The first criterion, claims processing, measures contractual performance against claims processing accuracy and timeliness requirements, as well as activities in handling appeals. Within the claims processing criterion, we have identified those performance standards that are mandated by legislation, regulation, or judicial decision. These standards include claims processing timeliness, the accuracy of Medicare Summary Notices (MSNs), the timeliness of FI and carrier redeterminations, and the appropriateness of the reading level and content of FI and carrier redetermination letters. Further evaluation in the claims processing criterion may include, but is not limited to, the accuracy of claims processing, the percent of claims paid with interest, the accuracy of redeterminations, timeliness of forwarding case files to and effectuation of Qualified Independent Contractor
(QIC)decisions, and effectuation of administrative law judge
(ALJ)decisions. The second criterion, customer service, assesses the adequacy of the service provided to customers by the contractor in its administration of the Medicare program. Functions that may be evaluated under this criterion include, but will not be limited to, the following:
(1)Timeliness and accuracy of all correspondence to providers;
(2)monitoring the quality of replies provided by the contractor's provider telephone customer service representatives (quality call monitoring); and
(3)provider outreach and education activities. The third criterion, payment safeguards, evaluates whether the Medicare Trust Fund is safeguarded against inappropriate program expenditures. Intermediary and carrier performance may be evaluated in the areas of Medical Review (MR), Medicare Secondary Payer (MSP), Overpayments (OP), and Provider Enrollment (PE). In addition, FIs performance may be evaluated in the area of Audit and Reimbursement (A&R). In FY 1996, the Congress enacted the Health Insurance Portability and Accountability Act (HIPAA), Medicare Integrity Program, giving us the authority to contract with entities other than, but not excluding, Medicare carriers and intermediaries to perform certain program safeguard functions. In situations where one or more program safeguard functions are contracted to another entity, we may evaluate the flow of communication and information between a Medicare FFS contractor and the payment safeguard contractor. All benefit integrity functions have been transitioned from the intermediaries and carriers to the program safeguard contractors. Mandated performance standards for FIs in the payment safeguards criterion include the accuracy of decisions on SNF demand bills and the timeliness of processing Tax Equity and Fiscal Responsibility Act (TEFRA) target rate adjustments, exceptions, and exemptions. There are no mandated performance standards for carriers in the payment safeguards criterion. FIs and carriers may also be evaluated on any Medicare Integrity Program
(MIP)activities if performed under their agreement or contract. The fourth criterion, fiscal responsibility, evaluates the contractor's efforts to protect the Medicare program and the public interest. Contractors must effectively manage Federal funds for both the payment of benefits and the costs of administration under the Medicare program. Proper financial and budgetary controls, including internal controls, must be in place to ensure contractor compliance with its agreement with HHS and CMS. Additional functions reviewed under this criterion may include, but are not limited to, adherence to approved budget, compliance with the Budget and Performance Requirements (BPRs), and compliance with financial reporting requirements. The fifth and final criterion, administrative activities, measures a contractor's administrative management of the Medicare program. A contractor must efficiently and effectively manage its operations. Proper systems security (general and application controls), Automated Data Processing
(ADP)maintenance, and disaster recovery plans must be in place. A contractor's evaluation under the administrative activities criterion may include, but is not limited to, establishment, application, documentation, and effectiveness of internal controls that are essential in all aspects of a contractor's operation, as well as the degree to which the contractor cooperates with us in complying with the Federal Managers' Financial Integrity Act of 1982 (FMFIA). Administrative activities evaluations may also include reviews related to contractor implementation of our general instructions and data and reporting requirements. We have developed separate measures for RHHIs in order to evaluate the distinct RHHI functions. These functions include the processing of claims from freestanding HHAs, hospital-affiliated HHAs, and hospices. Through an evaluation using these criteria and standards, we may determine whether the RHHI is effectively and efficiently administering the program benefit or whether the functions should be moved from one FIs to another in order to gain that assurance. In sections IV. through VI. of this notice, we list the criteria and standards to be used for evaluating the performance of intermediaries, RHHIs, and carriers. IV. Criteria and Standards for Fiscal Intermediaries [If you choose to comment on issues in this section, please include the caption “Criteria and Standards for Intermediaries” at the beginning of your comments.] A. Claims Processing Criterion The claims processing criterion contains the following three mandated standards: Standard 1. Not less than 95.0 percent of clean electronically submitted nonperiodic interim payment claims are paid within statutorily specified timeframes. Clean claims are defined as claims that do not require Medicare FIs to investigate or develop outside of their Medicare operations on a prepayment basis. Specifically, the Act specifies that clean nonperiodic interim payment electronic claims be paid no earlier than the 14th day after the date of receipt, and that interest is payable for any clean claims if payment is not issued by the 31st day after the date of receipt. Standard 2. Redetermination letters prepared in response to beneficiary initiated appeal requests are written in a manner calculated to be understood by the beneficiary. Letters must contain the required elements as specified in § 405.956. Standard 3. All redeterminations must be concluded and mailed within 60 days of receipt of the request, unless the party submits documentation after the request, in which case the decision-making timeframe is extended for up to 14 calendar days for each submission. Because FIs process many claims for benefits under the Part B portion of the Medicare Program, we also may evaluate how well a FI follows the procedures for processing appeals of any claims for Part B benefits. Additional functions that may be evaluated under this criterion include, but are not limited to, the following: • Accuracy of claims processing. • Remittance advice transactions. • Establishment and maintenance of a relationship with Common Working File
(CWF)Host. • Accuracy of redetermination decisions. • QIC case file requirements. • Accuracy and timeliness of processing appeals as set forth in part 405, subpart I (§ 405.900 et seq.). B. Customer Service Criterion Functions that may be evaluated under this criterion include, but are not limited to, the following: • Maintaining a properly programmed interactive voice response system to assist with inquiries. • Performing quality call monitoring. • Training customer service representatives. • Entering valid call center performance data in the customer service assessment and management system or its successor the provider inquiry evaluation system. • Providing timely and accurate written replies to providers that address the concerns raised and are written with an appropriate customer-friendly tone and clarity. • Ensuring written correspondence is evaluated for quality. • Conducting provider outreach and education-activities. • Effectively maintaining an Internet Web site dedicated to furnishing providers and physicians timely, accurate, and useful Medicare program information. C. Payment Safeguards Criterion The Payment Safeguard criterion contains the following two mandated standards: Standard 1. Decisions on SNF demand bills are accurate. Standard 2. TEFRA target rate adjustments, exceptions, and exemptions are processed within mandated timeframes. Specifically, applications must be processed to completion within 75 days after receipt by the contractor or returned to the hospitals as incomplete within 60 days of receipt. FIs may also be evaluated on any MIP activities if performed under their Part A contractual agreement. These functions and activities include, but are not limited to, the following: • Audit and Reimbursement + Performing the activities specified in our general instructions for conducting audit and settlement of Medicare cost reports. + Establishing accurate interim payments. • Medical Review + Increasing the effectiveness of medical review activities. + Exercising accurate and defensible decision-making on medical reviews. + Collaborating with other internal components and external entities to ensure the effectiveness of medical review activities. • Medicare Secondary Payer + Accurately following MSP claim development and edit procedures. + Auditing hospital files and claims to determine that claims are being filed to Medicare appropriately. + Supporting the Coordination of Benefits Contractor's efforts to identify responsible payers primary to Medicare. + Supporting the MSP Recovery functions for provider, physician or other supplier debts and duplicate provider, physician or other supplier payments. + Accurately reporting MSP savings. • Overpayments + Collecting and referring Medicare debts in a timely manner. + Accurately reporting and collecting overpayments. + Adhering to our instructions for management of Medicare Trust Fund debts. • Provider Enrollment + Complying with assignment of staff to the provider enrollment function and training the staff in procedures and verification techniques. + Complying with the operational standards relevant to the process for enrolling providers. D. Fiscal Responsibility Criterion We may review the FI's efforts to establish and maintain appropriate financial and budgetary internal controls over benefit payments and administrative costs. Proper internal controls must be in place to ensure that contractors comply with their agreements with us. Additional functions that may be reviewed under the fiscal responsibility criterion include, but are not limited to, the following: • Adherence to approved program management and MIP budgets. • Compliance with the BPRs. • Compliance with financial reporting requirements. • Control of administrative cost and benefit payments. E. Administrative Activities Criterion We may measure an FI s administrative ability to manage the Medicare program. We may evaluate the efficiency and effectiveness of its operations, its system of internal controls, and its compliance with our directives and initiatives. We may measure an FI's efficiency and effectiveness in managing its operations. Proper systems security (general and application controls), ADP maintenance, and disaster recovery plans must be in place. A FI must also test system changes to ensure the accurate implementation of our instructions. Our evaluation of FI under the administrative activities criterion may include, but is not limited to, reviews of the following: • Systems security. • ADP maintenance (configuration management, testing, change management, and security). • Implementation of the Electronic Data Interchange
(EDI)standards adopted for use under HIPAA. • Disaster recovery plan and systems contingency plan. Data and reporting requirements implementation. • Internal controls establishment and use, including the degree to which the contractor cooperates with the Secretary in complying with the FMFIA. • Implementation of our general instructions. V. Criteria and Standards for Regional Home Health Intermediaries (RHHIs) [If you choose to comment on issues in this section, please include the caption “Criteria and Standards for RHHIs” at the beginning of your comments.] The following three standards are mandated for the RHHI criterion: Standard 1. Not less than 95.0 percent of clean electronically submitted nonperiodic interim payment home health and hospice claims are paid within statutorily specified timeframes. Clean claims are defined as claims that do not require Medicare FIs to investigate or develop them outside of their Medicare operations on a prepayment basis. Specifically, the statute specifies that clean non-periodic interim payment electronic claims be paid no earlier than the 14th day after the date of receipt, and that interest is payable for any clean claims if payment is not issued by the 31st day after the date of receipt. Standard 2. Redetermination letters prepared in response to beneficiary initiated appeal requests are written in a manner calculated to be understood by the beneficiary. Letters must contain the required elements as specified in § 405.956. Standard 3: All redeterminations must be concluded and mailed within 60 days of receipt of the request, unless the party submits documentation after the request, in which case the decision-making timeframe is extended for up to 14 calendar days for each submission. We may use this criterion to review an RHHI's performance for handling the HHA and hospice workload. This includes processing HHA and hospice claims timely and accurately, properly paying and settling HHA cost reports, and accurately processing redeterminations of initial determinations from beneficiaries, HHAs, and hospices. VI. Criteria and Standards for Carriers [If you choose to comment on issues in this section, please include the caption “'Criteria and Standards for Carriers” at the beginning of your comments.] A. Claims Processing Criterion The claims processing criterion contains the following four mandated standards: Standard 1. Not less than 95.0 percent of clean electronically submitted claims are processed within statutorily specified timeframes. Clean claims are defined as claims that do not require Medicare carriers to investigate or develop outside of their Medicare operations on a prepayment basis. Specifically, the Act specifies that clean non-periodic interim payment electronic claims be paid no earlier than the 14th day after the date of receipt, and that interest is payable for any clean claims if payment is not issued by the 31st day after the date of receipt. Standard 2. Ninety-eight percent of MSNs are properly generated. Our expectation is that MSN messages are accurately reflecting the services provided. Standard 3. Redetermination letters prepared in response to beneficiary initiated appeal requests are written in a manner calculated to be understood by the beneficiary. Letters must contain the required elements as specified in § 405.956. Standard 4. All redeterminations must be concluded and mailed within 60 days of receipt of the request, unless the party submits documentation after the request, in which case the decision-making timeframe is extended for up to 14 calendar days for each submission. Additional functions that may be evaluated under this criterion include, but are not limited to, the following: • Accuracy of claims processing. • Remittance advice transactions. • Establishment and maintenance of relationship with Common Working File
(CWF)Host. • Accuracy of redetermination decisions. • QIC case file requirements. • Accuracy and timeliness of processing appeals as set forth in part 405, subpart I (§ 405.900 et seq.). B. Customer Service Criterion Contractors must meet our performance expectations that providers are served by prompt and accurate administration of the program in accordance with all applicable laws, regulations, and our general instructions. Functions that may be evaluated under this criterion include, but are not limited to, the following: • Maintaining a properly programmed interactive voice response system to assist with inquiries. • Performing quality call monitoring. • Training customer service representatives. • Entering valid call center performance data in the customer service assessment and management system or its successor the provider inquiry evaluation system. • Providing timely and accurate written replies to providers that address the concerns raised and are written with an appropriate customer-friendly tone and clarity. • Ensuring written correspondence is evaluated for quality. • Conducting provider outreach and education, activities. • Effectively maintaining an Internet Web site dedicated to furnishing providers timely, accurate, and useful Medicare program information. C. Payment Safeguards Criterion Carriers may be evaluated on any MIP activities if performed under their contracts. In addition, other carrier functions and activities that may be reviewed under this criterion include, but are not limited to the following: • Medical Review + Increasing the effectiveness of medical review activities. + Exercising accurate and defensible decision-making on medical reviews. + Collaborating with other internal components and external entities to ensure the effectiveness of medical review activities. • Medicare Secondary Payer + Accurately following MSP claim development/edit procedures. + Supporting the Coordination of Benefits Contractor's efforts to identify responsible payers primary to Medicare. + Supporting the Medicare Secondary Payer Recovery functions for provider, physician or other supplier debts and duplicate provider, physician or other supplier payments. + Accurately reporting MSP savings. • Overpayments + Collecting and referring Medicare debts in a timely manner. + Accurately reporting and collecting overpayments. + Compliance with our instructions for management of Medicare Trust Fund debts. • Provider Enrollment + Complying with assignment of staff to the provider enrollment function and training staff in procedures and verification techniques. + Complying with the operational standards relevant to the process for enrolling suppliers. D. Fiscal Responsibility Criterion We may review the carrier's efforts to establish and maintain appropriate financial and budgetary internal controls over benefit payments and administrative costs. Proper internal controls must be in place to ensure that contractors comply with their contracts. Additional functions that may be reviewed under the Fiscal Responsibility criterion include, but are not limited to, the following: • Adherence to approved program management and MIP budgets. • Compliance with the BPRs. • Compliance with financial reporting requirements. • Control of administrative cost and benefit payments. E. Administrative Activities Criterion We may measure a carrier's administrative ability to manage the Medicare program. We may evaluate the efficiency and effectiveness of its operations, its system of internal controls, and its compliance with our directives and initiatives. We may measure a carrier's efficiency and effectiveness in managing its operations. Proper systems security (general and application controls), ADP maintenance, and disaster recovery plans must be in place. Also, a carrier must test system changes to ensure accurate implementation of our instructions. Our evaluation of a carrier under this criterion may include, but is not limited to, reviews of the following: • Systems security. • ADP maintenance (configuration management, testing, change management, and security). • Disaster recovery plan/systems contingency plan. • Data and reporting requirements implementation. • Internal controls establishment and use, including the degree to which the contractor cooperates with the Secretary in complying with the FMFIA. • Implementation of the Electronic Data Interchange
(EDI)standards adopted for use under the HIPAA. • Implementation of our general instructions. VII. Action Based on Performance Evaluations [If you choose to comment on this section, please include the caption “Action Based on Performance Evaluations” at the beginning of your comments.] We evaluate a contractor's performance against applicable program requirements for each criterion. Each contractor must certify that all information submitted to us relating to the contract management process, including, without limitation, all files, records, documents and data, whether in written, electronic, or other form, is accurate and complete to the best of the contractor's knowledge and belief. A contractor is required to certify that its files, records, documents, and data are not manipulated or falsified in an effort to receive a more favorable performance evaluation. A contractor must further certify that, to the best of its knowledge and belief, the contractor has submitted, without withholding any relevant information, all information required to be submitted for the contract management process under the authority of applicable law(s), regulation(s), contract(s), or our manual provision(s). Any contractor that makes a false, fictitious, or fraudulent certification may be subject to criminal or civil prosecution, as well as appropriate administrative action. This administrative action may include debarment or suspension of the contractor, as well as the termination or nonrenewal of a contract. If a contractor meets the level of performance required by operational instructions, it meets the requirements of that criterion. When we determine a contractor is not meeting performance requirements, we will use the terms “major nonconformance” or “minor nonconformance” to classify our findings. A major nonconformance is a nonconformance that is likely to result in failure of the supplies or services, or to materially reduce the usability of the supplies or services for their intended purpose. A minor nonconformance is a nonconformance that is not likely to materially reduce the usability of the supplies or services for their intended purpose, or is a departure from established standards having little bearing on the effective use or operation of the supplies or services. The contractor will be required to develop and implement PIPs for findings determined to be either a major or minor nonconformance. The contractor will be monitored to ensure effective and efficient compliance with the PIP, and to ensure improved performance when requirements are not met. The results of performance evaluations and assessments under all criteria applying to FIs, carriers, and RHHIs will be used for contract management activities and will be published in the contractor's annual Report of Contractor Performance (RCP). We may initiate administrative actions as a result of the evaluation of contractor performance based on these performance criteria. Under sections 1816 and 1842 of the Act, we consider the results of the evaluation in our determinations when— • Entering into, renewing, or terminating agreements or contracts with contractors; and • Deciding other contract actions for intermediaries and carriers (such as deletion of an automatic renewal clause). These decisions are made on a case-by-case basis and depend primarily on the nature and degree of performance. More specifically, these decisions depend on the following: + Relative overall performance compared to other contractors. + Number of criteria in which nonconformance occurs. + Extent of each nonconformance. + Relative significance of the requirement for which nonconformance occurs within the overall evaluation program. + Efforts to improve program quality, service, and efficiency. + Deciding the assignment or reassignment of providers and designation of regional or national intermediaries for classes of providers. We make individual contract action decisions after considering these factors in terms of their relative significance and impact on the effective and efficient administration of the Medicare program. In addition, if the cost incurred by the FIs, RHHI, or carrier to meet its contractual requirements exceeds the amount that we find to be reasonable and adequate to meet the cost that must be incurred by an efficiently and economically operated FIs or carrier, these high costs may also be grounds for adverse action. VIII. Collection of Information Requirements This document does not impose information collection and record keeping requirements. Consequently the Office of Management and Budget need not review it under the authority of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 *et seq.* ). IX. Response to Comments Because of the large number of items of correspondence we normally receive on **Federal Register** documents published for comment, we are unable to acknowledge or respond to them individually. We will consider all comments we receive by the date and time specified in the “Comment Date” section of this notice, and, if we proceed with a subsequent document, we will respond to the comments in the section entitled as “Analysis of and Response to Public Comments Received on FY 2008 Criteria and Standards” of that document. Authority: Sections 1816(f), 1834(a)(12), and 1842(b) of the Social Security Act (42 U.S.C. 1395h(f), 1395m(a)(12), and 1395u(b)). (Catalog of Federal Domestic Assistance Program No. 93.773, Medicare—Hospital Insurance, and Program No. 93.774, Medicare—Supplementary Medical Insurance Program) Dated: May 24, 2007. Leslie V. Norwalk, Acting Administrator, Centers for Medicare & Medicaid Services. **Editorial Note:** This document was received at the Office of the Federal Register on September 26, 2007. [FR Doc. 07-4826 Filed 9-28-07; 8:45 am]
Connectionstraces to 8
Traces to 8 documents
CFR
15 references not yet in our index
- Pub. L. 104-13
- 47 CFR 1.815
- 47 CFR 76.1601
- 47 CFR 76.1607
- 47 CFR 76.1617
- 47 CFR 76.1708(a)
- 47 CFR 68.4(a)(1)
- 47 CFR 79.2
- 47 CFR 79.2(c)
- 47 CFR 64.4002
- 47 CFR 1.429(e)
- 47 CFR 1.4(b)(1)
- 12 CFR 225
- 42 CFR 421.117
- Pub. L. 108-173
Citation graph
cites case law
Notices
Notice of availability
Pub. L.Pub. L. 104-13
Cite47 CFR 1.815
Cite47 CFR 76.1601
Cite47 CFR 76.1607
Cites 23 · showing 12Cited by 0 across 0 sources