81 FR 3729 - Updating Competitive Bidding Rules
FEDERAL COMMUNICATIONS COMMISSION Federal Register Volume 81, Issue 14 (January 22, 2016)
Federal Register Volume 81, Issue 14 (January 22, 2016)
| Page Range | 3729-3730 | |
| FR Document | 2016-01185 |
[Federal Register Volume 81, Number 14 (Friday, January 22, 2016)] [Rules and Regulations] [Pages 3729-3730] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-01185] ======================================================================= ----------------------------------------------------------------------- FEDERAL COMMUNICATIONS COMMISSION 47 CFR Part 1 [GN Docket No. 12-268, WT Docket Nos. 14-70, 05-211, RM-11395; FCC 15- 80] Updating Competitive Bidding Rules AGENCY: Federal Communications Commission. ACTION: Final rule; announcement of effective date. ----------------------------------------------------------------------- SUMMARY: In this document, the Commission announces that the Office of Management and Budget (OMB) approved, on an emergency basis, a revision to an approved information collection to implement modified and new collection requirements on FCC Form 175, Application to Participate in an FCC Auction, contained in the Part 1 Report and Order, Updating Competitive Bidding Rules, FCC 15-80. This document is consistent with the Part 1 Report and Order, which stated that the Commission would publish a document in the Federal Register announcing OMB approval and the effective date of the rules and requirements. DATES: 47 CFR 1.2105(a)(2), 1.2105(a)(2)(iii)-(vi), (a)(2)(viii)-(x), (a)(2)(xii), 1.2105(c)(3), and 1.2112(b)(1)(iii)-(vi), published at 80 FR 56764 on September 18, 2015, and [[Page 3730]] revised FCC Form 175, are effective on January 22, 2016. OMB approved the information collection requirements in 47 CFR 1.2105(c)(3), 1.2110(b)(1), and 1.2112(b) on January 14, 2016. FOR FURTHER INFORMATION CONTACT: Contact Cathy Williams, [email protected], (202) 418-2918. SUPPLEMENTARY INFORMATION: This document announces that, on January 14, 2016, OMB approved, on an emergency basis, a revision to an approved information collection to implement modified and new collection requirements on FCC Form 175, Application to Participate in an FCC Auction, and under 47 CFR 1.2105(a)(2), 1.2105(a)(2)(iii)-(vi), (a)(2)(viii)-(x), (a)(2)(xii), 1.2105(a)(3), 1.2105(c)(3), 1.2110(b)(1), 1.2112(b), and 1.2112(b)(1)(iii)-(vi), published at 80 FR 56764 on September 18, 2015. The OMB Control Number is 3060-0600. The Commission publishes this document as an announcement of the effective date of the rules and requirements. If you have any comments on the burden estimates listed below, or how the Commission can improve the collections and reduce any burdens caused thereby, please contact Cathy Williams, Federal Communications Commission, Room 1-C823, 445 12th Street SW., Washington, DC 20554. Please include the OMB Control Number, 3060-0600, in your correspondence. The Commission will also accept your comments via the Internet if you send them to [email protected]. To request materials in accessible formats for people with disabilities (Braille, large print, electronic files, audio format), send an email to [email protected] or call the Consumer and Governmental Affairs Bureau at (202) 418-0530 (voice), (202) 418-0432 (TTY). Synopsis As required by the Paperwork Reduction Act of 1995 (44 U.S.C. 3507), the Commission is notifying the public that it received emergency approval from OMB on January 14, 2016 for the revised information collection requirements contained in the information collection 3060-0600, Application to Participate in an FCC Auction. Under 5 CFR part 1320, an agency may not conduct or sponsor a collection of information unless it displays a current, valid OMB 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 that does not display a current, valid OMB Control Number. The OMB Control Number is 3060-0600. The foregoing document is required by the Paperwork Reduction Act of 1995, Public Law 104-13, October 1, 1995, and 44 U.S.C. 3507. The total annual reporting burdens and costs for the respondents are as follows: OMB Control Number: 3060-0600. OMB Approval Date: January 14, 2016. OMB Expiration Date: July 31, 2016. Title: Application to Participate in an FCC Auction. Form No.: FCC Form 175. Respondents: Business or other for-profit entities; Not-for-profit institutions; State, local or Tribal government. Number of Respondents and Responses: 500 respondents; 500 responses. Estimated Time per response: 90 minutes. Frequency of Response: On-occasion reporting requirement. Obligation to Respond: Required to obtain or retain benefits. The statutory authority for this information collection is contained in sections 154(i) and 309(j)(5) of the Communications Act of 1934, as amended, 47 U.S.C. 4(i), 309(j)(5), and sections 1.2105, 1.2110, 1.2112 of the Commission's rules, 47 CFR 1.2105, 1.2110, 1.2112. Total Annual Burden: 750 hours. Total Annual Cost: None. Privacy Act Impact Assessment: No impact(s). Nature and Extent of Confidentiality: Information collected on FCC Form 175 is made available for public inspection. To the extent that a respondent seeks to have certain information collected on FCC Form 175 withheld from public inspection, the respondent may request confidential treatment of such information pursuant to section 0.459 of the Commission's rules, 47 CFR 0.459. Needs and Uses: In the Part 1 Report and Order, the Commission updated many of its Part 1 competitive bidding rules. The updated Part 1 rules apply to applicants seeking to participate in future non- reverse auctions for Commission licenses and permits, including the forward auction component of the Commission's upcoming television broadcast incentive auction (BIA). The revised information collection on FCC Form 175 implements the modified and new collection requirements contained in sections 1.2105(a)(2), 1.2105(a)(2)(iii)-(vi), (a)(2)(viii)-(x), (a)(2)(xii), 1.2105(a)(3), 1.2105(c)(3), 1.2110(b)(1), 1.2112(b), and 1.2112(b)(1)(iii)-(vi) of the Commission's rules, as adopted in the Part 1 Report and Order. The information collected on the revised FCC Form 175 will be used by the Commission to determine if an applicant is legally, technically, and financially qualified to participate in a non-reverse Commission auction for Commission licenses and permits, including the forward component of the BIA. Commission staff will review the information collected on FCC Form 175 for a particular auction as part of the pre-auction process, prior to the auction being held. Staff will determine whether each applicant satisfies the Commission's requirements to participate in the auction and, if an applicant claims status as a particular type of auction participant, whether that applicant is eligible for the status claimed. This approach provides an appropriate screen to ensure serious participation and deter possible abuse of the bidding process without being unduly burdensome. Federal Communications Commission. Marlene H. Dortch, Secretary, Office of the Secretary. [FR Doc. 2016-01185 Filed 1-21-16; 8:45 am] BILLING CODE 6712-01-P
![Federal Register / Vol. 81, No. 14 / Friday, January 22, 2016 / Rules and Regulations 3729
report settlement; and receipt of total rule, we used cases from the FY 2002 loss outlier thresholds are set based on
outlier payments exceeding $500,000 MedPAR file to simulate FY 2004 cases. new calculations each year without
during the cost reporting period. We We applied a charge inflation factor to reference to the previous year’s
identified approximately 50 hospitals account for growth in hospital charges threshold; even if the FY 2004 threshold
that we determined likely to meet these between the period covered by the had been reset, there would be no
criteria in FY 2004, and we specially MedPAR data and the period for which reason to revisit the FY 2005 or FY 2006
calculated cost-to-charge ratios for those we are calculating the fixed loss outlier calculation.
hospitals as explained previously and in threshold. In this instance, the charge
the FY 2004 IPPS final rule, so that our inflation factor was intended to account III. Collection of Information
payment simulations would represent for growth in hospital charges over the Requirements
our best approximation of the final 2-year period between FY 2002 and FY This document does not impose
amount of outlier payments after 2004. We estimated charge growth over information collection requirements,
reconciliation had been completed. We this period based on actual charge that is, reporting, recordkeeping or
did not expect that all of the 123 growth over an earlier 2-year period, FY third-party disclosure requirements.
hospitals discussed in the March 2003 2000 to FY 2002. More specifically, our Consequently, there is no need for
proposed rule would be likely to meet estimate of charge inflation was based review by the Office of Management and
the criteria for reconciliation, and so we on the 2-year average annual rate of Budget under the authority of the
did not make this same adjustment with change in charges per case from FY Paperwork Reduction Act of 1995 (44
respect to all of those 123 hospitals. 2000 to FY 2001 and from FY 2001 to U.S.C. 3501 et seq.).
The court rulings also called for an FY 2002 (12.5978 percent annually, or Dated: January 4, 2016.
explanation of other steps taken to 26.8 percent over 2 years). Andrew M. Slavitt,
account for any ‘‘distorting effect’’ Although we expected the June 2003
Acting Administrator, Centers for Medicare
associated with the 123 hospitals outlier final rule to curb turbocharging,
& Medicaid Services.
discussed in the March 2003 proposed which would affect the rate of charge
Approved: January 15, 2016.
rule. As we explained previously, our growth after the rule became effective,
payment simulations employed cost-to- we believed that past charge growth Sylvia M. Burwell,
charge ratios calculated from recent data would still be a satisfactory basis for Secretary, Department of Health and Human
for all hospitals, including the 123 estimating more recent charge growth, Services.
hospitals, and did not employ cost-to- for the 123 hospitals as well as for other [FR Doc. 2016–01309 Filed 1–21–16; 8:45 am]
charge ratios drawn from older hospitals. The outlier final rule was in BILLING CODE 4120–01–P
historical data. That reduced any reason effect for only part of the interval that
for concern that cost-to-charge ratios our charge inflation estimate was
drawn from older historical data for the intended to reflect. The outlier final rule FEDERAL COMMUNICATIONS
123 hospitals would not reliably went into effect only in part for the last COMMISSION
approximate the cost-to-charge ratios 2 months of FY 2003, and went into
that would be used to pay FY 2004 effect in full only at the beginning of FY 47 CFR Part 1
claims for those 123 hospitals. We also 2004. [GN Docket No. 12–268, WT Docket Nos.
anticipated that implementation of the We had no strong reason to expect 14–70, 05–211, RM–11395; FCC 15–80]
June 2003 outlier final rule would curb that excluding the 123 hospitals from
the turbocharging practices that had our charge inflation calculations, or Updating Competitive Bidding Rules
caused rapid increases in charges in from other parts of our simulations,
previous years; and therefore, we saw would improve our simulations in a AGENCY: Federal Communications
no reason to further adjust our payment way that would bring outlier payments Commission.
simulations to account for future closer to our target of 5.1 percent of ACTION: Final rule; announcement of
turbocharging by the 123 hospitals. operating DRG payments. The 123 effective date.
Therefore, we did not apply any hospitals were not excluded from
SUMMARY: In this document, the
additional adjustments focused on the claiming outlier payments in FY 2004,
Commission announces that the Office
123 hospitals that had been discussed in so excluding them from our simulations
of Management and Budget (OMB)
the March 2003 proposed rule, beyond would have introduced a different form
approved, on an emergency basis, a
the adjustments we have already of distortion into our simulations, by
revision to an approved information
discussed. causing the simulations to disregard the
collection to implement modified and
The court rulings also stated that we impact of those hospitals. While
new collection requirements on FCC
should explain further why we did not excluding the 123 hospitals might
produce a lower estimate of charge Form 175, Application to Participate in
exclude the 123 identified turbo
charging hospitals from the charge inflation, a lower estimate is not an FCC Auction, contained in the Part
inflation calculation for FY 2004. We necessarily a better estimate. A charge 1 Report and Order, Updating
simply did not have strong reason to inflation estimate that is too low could Competitive Bidding Rules, FCC 15–80.
believe that excluding the 123 hospitals lead to a fixed loss outlier threshold that This document is consistent with the
from the charge inflation calculation, or produces outlier payments farther from, Part 1 Report and Order, which stated
from other parts of the fixed loss outlier instead of closer to, the target of 5.1 that the Commission would publish a
threshold calculation, would improve percent of operating DRG payments. document in the Federal Register
our projections. Finally, the court rulings state that if announcing OMB approval and the
mstockstill on DSK4VPTVN1PROD with RULES
When we simulate payments for we decide to recalculate the FY 2004 effective date of the rules and
purposes of calculating the fixed loss fixed loss outlier threshold, we should requirements.
outlier threshold, we use MedPAR data also address any effect that recalculation DATES: 47 CFR 1.2105(a)(2),
from an earlier period to produce a has on the FY 2005 and FY 2006 outlier 1.2105(a)(2)(iii)–(vi), (a)(2)(viii)–(x),
simulated set of claims for the period for and fixed-loss thresholds. We are not (a)(2)(xii), 1.2105(c)(3), and
which we are calculating the fixed loss recalculating the FY 2004 fixed-loss 1.2112(b)(1)(iii)–(vi), published at 80 FR
outlier threshold. For the FY 2004 final threshold. We also note that the fixed 56764 on September 18, 2015, and
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![3730 Federal Register / Vol. 81, No. 14 / Friday, January 22, 2016 / Rules and Regulations
revised FCC Form 175, are effective on display a current, valid OMB Control Part 1 Report and Order. The
January 22, 2016. OMB approved the Number. The OMB Control Number is information collected on the revised
information collection requirements in 3060–0600. The foregoing document is FCC Form 175 will be used by the
47 CFR 1.2105(c)(3), 1.2110(b)(1), and required by the Paperwork Reduction Commission to determine if an
1.2112(b) on January 14, 2016. Act of 1995, Public Law 104–13, applicant is legally, technically, and
FOR FURTHER INFORMATION CONTACT: October 1, 1995, and 44 U.S.C. 3507. financially qualified to participate in a
Contact Cathy Williams, The total annual reporting burdens non-reverse Commission auction for
Cathy.Williams@fcc.gov, (202) 418– and costs for the respondents are as Commission licenses and permits,
2918. follows: including the forward component of the
OMB Control Number: 3060–0600. BIA. Commission staff will review the
SUPPLEMENTARY INFORMATION: This OMB Approval Date: January 14, information collected on FCC Form 175
document announces that, on January 2016. for a particular auction as part of the
14, 2016, OMB approved, on an OMB Expiration Date: July 31, 2016. pre-auction process, prior to the auction
emergency basis, a revision to an Title: Application to Participate in an being held. Staff will determine whether
approved information collection to FCC Auction. each applicant satisfies the
implement modified and new collection Form No.: FCC Form 175. Commission’s requirements to
requirements on FCC Form 175, Respondents: Business or other for- participate in the auction and, if an
Application to Participate in an FCC profit entities; Not-for-profit applicant claims status as a particular
Auction, and under 47 CFR 1.2105(a)(2), institutions; State, local or Tribal type of auction participant, whether that
1.2105(a)(2)(iii)–(vi), (a)(2)(viii)–(x), government. applicant is eligible for the status
(a)(2)(xii), 1.2105(a)(3), 1.2105(c)(3), Number of Respondents and claimed. This approach provides an
1.2110(b)(1), 1.2112(b), and Responses: 500 respondents; 500 appropriate screen to ensure serious
1.2112(b)(1)(iii)–(vi), published at 80 FR responses. participation and deter possible abuse of
56764 on September 18, 2015. The OMB Estimated Time per response: 90 the bidding process without being
Control Number is 3060–0600. The minutes. unduly burdensome.
Commission publishes this document as Frequency of Response: On-occasion
an announcement of the effective date of reporting requirement. Federal Communications Commission.
the rules and requirements. If you have Obligation to Respond: Required to Marlene H. Dortch,
any comments on the burden estimates obtain or retain benefits. The statutory Secretary, Office of the Secretary.
listed below, or how the Commission authority for this information collection [FR Doc. 2016–01185 Filed 1–21–16; 8:45 am]
can improve the collections and reduce is contained in sections 154(i) and BILLING CODE 6712–01–P
any burdens caused thereby, please 309(j)(5) of the Communications Act of
contact Cathy Williams, Federal 1934, as amended, 47 U.S.C. 4(i),
Communications Commission, Room 1– 309(j)(5), and sections 1.2105, 1.2110, GENERAL SERVICES
C823, 445 12th Street SW., Washington, 1.2112 of the Commission’s rules, 47 ADMINISTRATION
DC 20554. Please include the OMB CFR 1.2105, 1.2110, 1.2112.
Control Number, 3060–0600, in your Total Annual Burden: 750 hours. 48 CFR Parts 504 and 552
correspondence. The Commission will Total Annual Cost: None.
Privacy Act Impact Assessment: No [GSAR–TA–01; Docket No. 2015–0016;
also accept your comments via the Sequence No. 1]
Internet if you send them to impact(s).
PRA@fcc.gov. Nature and Extent of Confidentiality: General Services Administration
To request materials in accessible Information collected on FCC Form 175 Acquisition Regulation (GSAR);
formats for people with disabilities is made available for public inspection. Technical Amendments; Corrections
(Braille, large print, electronic files, To the extent that a respondent seeks to
audio format), send an email to have certain information collected on AGENCY: Office of Acquisition Policy,
fcc504@fcc.gov or call the Consumer FCC Form 175 withheld from public General Services Administration (GSA).
and Governmental Affairs Bureau at inspection, the respondent may request ACTION: Correcting amendments.
(202) 418–0530 (voice), (202) 418–0432 confidential treatment of such
information pursuant to section 0.459 of SUMMARY: GSA published a technical
(TTY).
the Commission’s rules, 47 CFR 0.459. amendment document, GSAR–TA–01,
Synopsis Needs and Uses: In the Part 1 Report which was published in the Federal
As required by the Paperwork and Order, the Commission updated Register on Wednesday, January 13,
Reduction Act of 1995 (44 U.S.C. 3507), many of its Part 1 competitive bidding 2016 at 81 FR 1531, to make editorial
the Commission is notifying the public rules. The updated Part 1 rules apply to changes. That document inadvertently
that it received emergency approval applicants seeking to participate in failed to update a subpart heading and
from OMB on January 14, 2016 for the future non-reverse auctions for a clause heading. This document
revised information collection Commission licenses and permits, corrects the final regulation by revising
requirements contained in the including the forward auction the subpart.
information collection 3060–0600, component of the Commission’s DATES: Effective: January 22, 2016.
Application to Participate in an FCC upcoming television broadcast incentive FOR FURTHER INFORMATION CONTACT: Ms.
Auction. auction (BIA). The revised information Leah Price, Procurement Analyst, by
Under 5 CFR part 1320, an agency collection on FCC Form 175 implements phone at 703–605–2558, or email at
mstockstill on DSK4VPTVN1PROD with RULES
may not conduct or sponsor a collection the modified and new collection leah.price@gsa.gov for clarification of
of information unless it displays a requirements contained in sections content. For information pertaining to
current, valid OMB Control Number. 1.2105(a)(2), 1.2105(a)(2)(iii)–(vi), the status or publication schedules,
No person shall be subject to any (a)(2)(viii)–(x), (a)(2)(xii), 1.2105(a)(3), contact the Regulatory Secretariat
penalty for failing to comply with a 1.2105(c)(3), 1.2110(b)(1), 1.2112(b), and Division at 202–501–4755. Please cite
collection of information subject to the 1.2112(b)(1)(iii)–(vi) of the GSAR–TA–01; Technical Amendments;
Paperwork Reduction Act that does not Commission’s rules, as adopted in the Corrections.
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Document Created: 2016-01-22 01:16:58
Document Modified: 2016-01-22 01:16:58
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final rule; announcement of effective date. | |
| Dates | 47 CFR 1.2105(a)(2), 1.2105(a)(2)(iii)-(vi), (a)(2)(viii)-(x), (a)(2)(xii), 1.2105(c)(3), and 1.2112(b)(1)(iii)-(vi), published at 80 FR 56764 on September 18, 2015, and revised FCC Form 175, are effective on January 22, 2016. OMB approved the information collection requirements in 47 CFR 1.2105(c)(3), 1.2110(b)(1), and 1.2112(b) on January 14, 2016. | |
| Contact | Contact Cathy Williams, [email protected], (202) 418-2918. | |
| FR Citation | 81 FR 3729 |
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