82 FR 14464 - Medicare Program; Advancing Care Coordination Through Episode Payment Models (EPMs); Cardiac Rehabilitation Incentive Payment Model; and Changes to the Comprehensive Care for Joint Replacement Model; Delay of Effective Date
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Centers for Medicare & Medicaid Services Federal Register Volume 82, Issue 53 (March 21, 2017)
Centers for Medicare & Medicaid Services
Federal Register Volume 82, Issue 53 (March 21, 2017)
| Page Range | 14464-14466 | |
| FR Document | 2017-05692 |
[Federal Register Volume 82, Number 53 (Tuesday, March 21, 2017)] [Rules and Regulations] [Pages 14464-14466] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-05692] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF HEALTH AND HUMAN SERVICES Centers for Medicare & Medicaid Services 42 CFR Parts 510 and 512 [CMS-5519-IFC] RIN 0938-AS90 Medicare Program; Advancing Care Coordination Through Episode Payment Models (EPMs); Cardiac Rehabilitation Incentive Payment Model; and Changes to the Comprehensive Care for Joint Replacement Model; Delay of Effective Date AGENCY: Centers for Medicare & Medicaid Services (CMS), HHS. ACTION: Interim final rule with comment period; delay of effective date. ----------------------------------------------------------------------- SUMMARY: This interim final rule with comment period (IFC) further delays the effective date of the final rule entitled ``Advancing Care Coordination Through Episode Payment Models (EPMs); Cardiac Rehabilitation Incentive Payment Model; and Changes to the Comprehensive Care for Joint Replacement Model'' published in the January 3, 2017 Federal Register (82 FR 180) from March 21, 2017 until May 20, 2017. This IFC also delays the applicability date of the regulations at 42 CFR part 512 from July 1, 2017 to October 1, 2017 and effective date of the specific CJR regulations itemized in the DATES section from July 1, 2017 to October 1, 2017. We seek comment on the appropriateness of this delay, as well as a further applicability date delay until January 1, 2018. DATES: Effective date: As of March 20, 2017, the effective date for the provisions of the final rule published in the January 3, 2017 Federal Register (82 FR 180), which was delayed until March 21, 2017 on February 18, 2017 (82 FR 10961), is further delayed to May 20, 2017. Additionally, the effective date of the provisions of the final rule contained in the following amendatory instructions is delayed from July 1, 2017 to October 1, 2017: Number 3 amending 42 CFR 510.2; number 4 adding 42 CFR 510.110; number 6 amending 42 CFR 510.120; number 14 amending 42 CFR 510.405; number 15 amending 42 CFR 510.410; number 16 revising 42 CFR 510.500; number 17 revising 42 CFR 510.505; number 18 adding 42 CFR 510.506; and number 19 amending 42 CFR 510.515. Applicability date: The applicability date of the regulations at 42 CFR part 512 is delayed from their current applicability date of July 1, 2017 until October 1, 2017. Comment date: To be assured consideration, comments must be received at one of the addresses provided below, no later than 5 p.m. on April 19, 2017. ADDRESSES: In commenting, please refer to file code CMS-5519-IFC. Because of staff and resource limitations, we cannot accept comments by facsimile (FAX) transmission. You may submit comments in one of four ways (please choose only one of the ways listed). 1. Electronically. You may submit electronic comments on this regulation to http://www.regulations.gov. Follow the ``Submit a comment'' instructions. 2. By regular mail. You may mail written comments to the following address ONLY: Centers for Medicare & Medicaid Services, Department of Health and Human Services, Attention: CMS-5519-IFC, 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 to the following address ONLY: Centers for Medicare & Medicaid Services, Department of Health and Human Services, Attention: CMS-5519-IFC, Mail Stop C4-26-05, 7500 Security Boulevard, Baltimore, MD 21244-1850. 4. By hand or courier. Alternatively, you may deliver (by hand or courier) your written comments ONLY to the following addresses prior to the close of the comment period: a. For delivery in Washington, DC--Centers for Medicare & Medicaid Services, Department of Health and Human Services, Room 445-G, Hubert H. Humphrey Building, 200 Independence Avenue SW., Washington, DC 20201. [[Page 14465]] (Because access to the interior of the Hubert H. Humphrey 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.) b. For delivery in Baltimore, MD-- Centers for Medicare & Medicaid Services, Department of Health and Human Services, 7500 Security Boulevard, Baltimore, MD 21244-1850. If you intend to deliver your comments to the Baltimore address, call telephone number (410) 786-9994 in advance to schedule your arrival with one of our staff members. Comments erroneously 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: Sean Harris (410) 786-0812. For questions related to the EPMs: [email protected]. For questions related to the CJR model: [email protected]. SUPPLEMENTARY INFORMATION: 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://regulations.gov. Follow the search instructions on that Web site to view public comments. Comments received timely will be also 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. Provisions of the Interim Final Rule With Comment Period In the January 3, 2017 Federal Register (82 FR 180), we published a final rule entitled ``Advancing Care Coordination Through Episode Payment Models (EPMs); Cardiac Rehabilitation Incentive Payment Model; and Changes to the Comprehensive Care for Joint Replacement Model'' which implements three new Medicare Parts A and B EPMs and a Cardiac Rehabilitation (CR) Incentive Payment model, and implements changes to the existing Comprehensive Care for Joint Replacement model under section 1115A of the Social Security Act (the Act). Under the three new episode payment models, acute care hospitals in certain selected geographic areas will participate in retrospective EPMs targeting care for Medicare fee-for-service beneficiaries receiving services during acute myocardial infarction, coronary artery bypass graft, and surgical hip/femur fracture treatment episodes. All related care within 90 days of hospital discharge will be included in the episode of care. Under the CR Incentive Payment model, acute care hospitals in certain selected geographic areas will receive retrospective incentive payments for beneficiary utilization of cardiac rehabilitation/intensive cardiac rehabilitation services during the 90 days following discharge from a hospitalization treatment of an acute myocardial infarction or coronary artery bypass graft surgery. The January 3, 2017 final rule (82 FR 180) included an effective date of February 18, 2017 for all provisions except those contained in the following amendatory instructions, which were to become effective on July 1, 2017: Number 3 amending 42 CFR 510.2; number 4 adding 42 CFR 510.110; number 6 amending 42 CFR 510.120; number 14 amending 42 CFR 510.405; number 15 amending 42 CFR 510.410; number 16 revising 42 CFR 510.500; number 17 revising 42 CFR 510.505; number 18 adding 42 CFR 510.506; and number 19 amending 42 CFR 510.515. In the February 17, 2017 Federal Register (82 FR 10961), as directed by the memorandum of January 20, 2017, from the Assistant to the President and Chief of Staff, entitled ``Regulatory Freeze Pending Review'', we published a final rule that delayed the effective date of the final rule published in the January 3, 2017 Federal Register (82 FR 180) for provisions that were to become effective on February 18, 2017, to an effective date of March 21, 2017. In the February 17, 2017 final rule (82 FR 10961), we stated that the provisions contained in the amendatory instructions summarized in the previous paragraph remained effective July 1, 2017. The January 20, 2017 ``Regulatory Freeze Pending Review'' memorandum encourages agencies to consider proposing for notice and comment a rule to delay the effective date for regulations beyond that 60-day period. As explained below, this interim final rule with comment period (IFC) further delays the effective date of the final rule published in the January 3, 2017 Federal Register (82 FR 180), from March 21, 2017 (as provided in the final rule published in the February 17, 2017 Federal Register (82 FR 10961)) to May 20, 2017. This IFC also delays the applicability date of the regulations that were to be applicable on July 1, 2017 to an applicability date of October 1, 2017 and delays the effective date of conforming changes to CJR provisions that were to be effective July 1, 2017 to October 1, 2017. These delays postpone the applicability of the EPMs and the CR Incentive Payment model, as well as the date on which conforming changes to the CJR model regulations take effect, for an additional 3 months. This additional 3-month delay is necessary to allow time for additional review, to ensure that the agency has adequate time to undertake notice and comment rulemaking to modify the policy if modifications are warranted, and to ensure that in such a case participants have a clear understanding of the governing rules and are not required to take needless compliance steps due to the rule taking effect for a short duration before any potential modifications are effectuated. We note that, in light of this potential need for further notice and comment rulemaking prior to the start of the models, it would be problematic not to adjust the start date for EPMs from July 1, 2017. Given the need for advanced notice of the terms of the models by participants, and the fact that the episodes in the models involved exceed 90 days in duration, we believe that immediately moving the start date of the model to October 1, 2017 is appropriate. Moreover, in the January 3, 2017 final rule, payment year one for the EPMs is currently established to cover the 6-month period from July 1, 2017 through December 31, 2017. Subsequent EPM model years run a full 12 months in accordance with the calendar year. Considering the length of episodes in the models, we believe it would be preferable to maintain a duration of at least 6 months for payment year 1 and it would be less burdensome for participants to adhere as closely to the calendar year as possible when defining model payment years. Further, to the extent that we propose and finalize revisions to the model, should we determine modifications are warranted, participants should have reasonable time to prepare. We remain committed [[Page 14466]] to providing some period of time between establishing final model parameters and beginning the model to allow participants to prepare for the unique attributes of this model. Therefore, we seek comment on a longer delay of the applicability (model start) date, including to January 1, 2018, and we will address these comments and effectuate any additional delay in the model start date when we finalize this IFC. If we effectuate any additional delay in the model start date, we also would delay the effective date of the conforming CJR regulation changes so that the effective date of those changes remains aligned with the applicability (model start) date of the EPMs. To the extent that section 553 of the Administrative Procedure Act (APA) applies to this action to further delay the rule's effective date for the purpose of ensuring adequate time for subsequent notice and comment rulemaking if that is warranted, this IFC is exempt from notice and comment because it constitutes a rule of procedure under 5 U.S.C. 553(b)(A). Furthermore, 5 U.S.C. 553(b)(B) permits a waiver of prior notice and comment if an agency finds good cause that a notice-and- comment procedure is impracticable, unnecessary, or contrary to the public interest. Similarly, section 1871 of the Act, which normally requires prior notice and a 60-day public comment period for rules that establish or change a substantive legal standard, permits waiver of prior notice and comment when there is good cause for an exception under 5 U.S.C. 553(b)(B). In addition, the requirement under section 553(d) of the APA for a 30-day delay in the effective date of a rule can be waived for good cause. The January 20, 2017 ``Regulatory Freeze Pending Review'' executive memorandum stated that the rules under review should be delayed 60 days from the date of the memorandum. In addition, that memorandum provided that agencies should consider issuing a notice of proposed rulemaking and solicit public comment if they believed that a delay beyond 60 days from the date of the memorandum was necessary. Given that the provisions of the final rule that provide for a start date for the EPMs and CR Incentive Payment model of July 1, 2017 will take effect on March 21, 2017, there is insufficient time to undertake full notice and comment rulemaking ahead of the March 21, 2017 effective date. We have determined that issuing this IFC as a proposed rule, such that it would not become effective until after public comments are submitted, considered and responded to in a final rule, would be contrary to the public interest, since the models would begin July 1, 2017 as originally set forth in the January 3, 2017 final rule, which could lead to a good deal of confusion for the public. In setting forth revised effective and applicability dates, we seek to ensure that all parties could participate in any rulemaking resulting from further review as requested in the January 20, 2017 presidential memorandum. Therefore, we are publishing this IFC to delay the effective date of the rule to May 20, 2017 and to move the applicability date for the EPM provisions from July 1, 2017 to October 1, 2017. We are also delaying the effective date of the CJR regulation amendments that were to take effect July 1, 2017 to October 1, 2017, to maintain our policy of aligning these changes with EPMs and to avoid confusion. Because we are immediately adjusting the effective and applicability dates of the EPMs by 3 months but believe a 6-month delay in the applicability (model start) date to be warranted, in this IFC we are soliciting public comment on the appropriateness of a further delay in the applicability (model start) date and will take those comments into consideration. For these same reasons, we find good cause to waive the 30-day delay in effective date provided for in 5 U.S.C. 553(d). Based on these findings, this rule is effective immediately upon publication in the Federal Register. As discussed previously, timing considerations support an immediate delay to the effective and applicability dates and necessitate that the delay operate on a quarterly basis. Moreover, our ongoing review of the policy, consistent with the January 20, 2017 presidential memorandum, and our identification of the possibility of additional notice and comment rulemaking to make any warranted modifications to the policy, further necessitate immediate delay. As discussed in the January 3, 2017 final rule (82 FR 184), under the 5-year models governed by the rule, participants will have a significant opportunity to redesign care. Delaying the effective and applicability (model start) dates will prevent participant confusion and corresponding disruption to these efforts, ensure that the agency has adequate time to undertake notice and comment rulemaking to modify the policy if modifications are warranted, and ensure that in the case of policy modifications, participants have a clear understanding of the governing rules and are not required to take needless compliance steps due to the rule taking effect for a short duration before any potential modifications are effectuated. II. Responses to Public Comments Because of the large number of public comments we normally receive on Federal Register documents, we are not able to acknowledge or respond to them individually. We will consider all comments we receive by the date and time specified in the DATES section of this preamble, and, when we proceed with a subsequent document, we will respond to the comments in the preamble to that document. CMS-5519-IFC Dated: March 16, 2017. Seema Verma, Administrator, Centers for Medicare & Medicaid Services. Approved: March 17, 2017. Thomas E. Price, Secretary, Department of Health and Human Services. [FR Doc. 2017-05692 Filed 3-20-17; 8:45 am] BILLING CODE 4120-01-P
![14464 Federal Register / Vol. 82, No. 53 / Tuesday, March 21, 2017 / Rules and Regulations
been published in the Federal Register that may be needed to make such a 21, 2017 on February 18, 2017 (82 FR
but had not yet taken effect. determination. 10961), is further delayed to May 20,
The January 20 Memo also states: 2017. Additionally, the effective date of
‘‘Where appropriate and as permitted by III. Final Action
the provisions of the final rule
applicable law, [agencies] should The EPA is further delaying the contained in the following amendatory
consider proposing for notice and effective date for Partial Approval and instructions is delayed from July 1, 2017
comment a rule to delay the effective Partial Disapproval of Attainment Plan to October 1, 2017: Number 3 amending
date for regulations beyond that 60-day for the Idaho Portion of the Logan, Utah/ 42 CFR 510.2; number 4 adding 42 CFR
period.’’ On February 24, 2017, the EPA Idaho PM2.5 Nonattainment Area until 510.110; number 6 amending 42 CFR
proposed to further delay the effective April 20, 2017. 510.120; number 14 amending 42 CFR
date for the Partial Approval and Partial March 13, 2017. 510.405; number 15 amending 42 CFR
Disapproval of Attainment Plan for the 510.410; number 16 revising 42 CFR
Michelle L. Pirzadeh,
Idaho Portion of the Logan, Utah/Idaho 510.500; number 17 revising 42 CFR
PM2.5 Nonattainment Area until April Acting Regional Administrator, Region 10.
510.505; number 18 adding 42 CFR
20, 2017. In this document, the EPA is [FR Doc. 2017–05552 Filed 3–20–17; 8:45 am]
510.506; and number 19 amending 42
finalizing action further delaying the BILLING CODE 6560–50–P
CFR 510.515.
effective date for Partial Approval and Applicability date: The applicability
Partial Disapproval of Attainment Plan date of the regulations at 42 CFR part
for the Idaho Portion of the Logan, Utah/ DEPARTMENT OF HEALTH AND 512 is delayed from their current
Idaho PM2.5 Nonattainment Area until HUMAN SERVICES applicability date of July 1, 2017 until
April 20, 2017. This additional delay October 1, 2017.
will give Agency officials the Centers for Medicare & Medicaid Comment date: To be assured
opportunity to decide whether they Services consideration, comments must be
would like to conduct a substantive received at one of the addresses
review of this rule. If Agency officials 42 CFR Parts 510 and 512 provided below, no later than 5 p.m. on
decide to conduct a substantive review [CMS–5519–IFC] April 19, 2017.
of Partial Approval and Partial
ADDRESSES: In commenting, please refer
Disapproval of Attainment Plan for the RIN 0938–AS90
to file code CMS–5519–IFC. Because of
Idaho Portion of the Logan, Utah/Idaho
PM2.5 Nonattainment Area, the EPA will Medicare Program; Advancing Care staff and resource limitations, we cannot
take appropriate actions to conduct such Coordination Through Episode accept comments by facsimile (FAX)
a review, including, but not limited to, Payment Models (EPMs); Cardiac transmission.
issuing a document in the Federal Rehabilitation Incentive Payment You may submit comments in one of
Register addressing any further delays Model; and Changes to the four ways (please choose only one of the
of the effective date of Partial Approval Comprehensive Care for Joint ways listed).
and Partial Disapproval of Attainment Replacement Model; Delay of Effective 1. Electronically. You may submit
Plan for the Idaho Portion of the Logan, Date electronic comments on this regulation
Utah/Idaho PM2.5 Nonattainment Area to http://www.regulations.gov. Follow
AGENCY: Centers for Medicare & the ‘‘Submit a comment’’ instructions.
or extensions of compliances dates in
Medicaid Services (CMS), HHS. 2. By regular mail. You may mail
the rule. If Agency officials decide not
to conduct a substantive review of ACTION: Interim final rule with comment written comments to the following
Partial Approval and Partial period; delay of effective date. address ONLY: Centers for Medicare &
Disapproval of Attainment Plan for the Medicaid Services, Department of
SUMMARY: This interim final rule with Health and Human Services, Attention:
Idaho Portion of the Logan, Utah/Idaho
comment period (IFC) further delays the CMS–5519–IFC, P.O. Box 8013,
PM2.5 Nonattainment Area, it will
effective date of the final rule entitled Baltimore, MD 21244–8013.
become effective on April 20, 2017.
‘‘Advancing Care Coordination Through Please allow sufficient time for mailed
II. Response to Comments Episode Payment Models (EPMs); comments to be received before the
The EPA received two comments Cardiac Rehabilitation Incentive close of the comment period.
generally opposing delaying the Payment Model; and Changes to the 3. By express or overnight mail. You
effective date of the final rule, arguing Comprehensive Care for Joint may send written comments to the
that it was ‘‘absurd . . . under any Replacement Model’’ published in the following address ONLY: Centers for
circumstances’’ (Commenter 1) and that January 3, 2017 Federal Register (82 FR Medicare & Medicaid Services,
there were ‘‘no grounds whatsoever’’ for 180) from March 21, 2017 until May 20, Department of Health and Human
the delay (Commenter 2). 2017. This IFC also delays the Services, Attention: CMS–5519–IFC,
Response: Contrary to the position applicability date of the regulations at Mail Stop C4–26–05, 7500 Security
asserted by comments, there are 42 CFR part 512 from July 1, 2017 to Boulevard, Baltimore, MD 21244–1850.
reasonable grounds for this additional October 1, 2017 and effective date of the 4. By hand or courier. Alternatively,
short delay of the effective date. As specific CJR regulations itemized in the you may deliver (by hand or courier)
explained in the proposal and above, DATES section from July 1, 2017 to your written comments ONLY to the
and consistent with the January 20 October 1, 2017. We seek comment on following addresses prior to the close of
Memo, this extension of the effective the appropriateness of this delay, as the comment period:
pmangrum on DSK4SPTVN1PROD with RULES
date is needed to give Agency officials— well as a further applicability date delay a. For delivery in Washington, DC—
many of whom have arrived at the until January 1, 2018. Centers for Medicare & Medicaid
Agency in recent weeks—an DATES: Effective date: As of March 20, Services, Department of Health and
opportunity to review the action and to 2017, the effective date for the Human Services, Room 445–G, Hubert
decide whether they would like to provisions of the final rule published in H. Humphrey Building, 200
conduct a substantive review of this the January 3, 2017 Federal Register (82 Independence Avenue SW.,
rule, including any necessary briefings FR 180), which was delayed until March Washington, DC 20201.
VerDate Sep<11>2014 13:46 Mar 20, 2017 Jkt 241001 PO 00000 Frm 00046 Fmt 4700 Sfmt 4700 E:\FR\FM\21MRR1.SGM 21MRR1](https://thefederalregister.org/doc/82_FR_14517/page/1.svg)
![14466 Federal Register / Vol. 82, No. 53 / Tuesday, March 21, 2017 / Rules and Regulations
to providing some period of time rule, would be contrary to the public effect for a short duration before any
between establishing final model interest, since the models would begin potential modifications are effectuated.
parameters and beginning the model to July 1, 2017 as originally set forth in the II. Responses to Public Comments
allow participants to prepare for the January 3, 2017 final rule, which could
unique attributes of this model. lead to a good deal of confusion for the Because of the large number of public
Therefore, we seek comment on a longer public. In setting forth revised effective comments we normally receive on
delay of the applicability (model start) and applicability dates, we seek to Federal Register documents, we are not
date, including to January 1, 2018, and ensure that all parties could participate able to acknowledge or respond to them
we will address these comments and in any rulemaking resulting from further individually. We will consider all
effectuate any additional delay in the review as requested in the January 20, comments we receive by the date and
model start date when we finalize this 2017 presidential memorandum. time specified in the DATES section of
IFC. If we effectuate any additional Therefore, we are publishing this IFC to this preamble, and, when we proceed
delay in the model start date, we also delay the effective date of the rule to with a subsequent document, we will
would delay the effective date of the May 20, 2017 and to move the respond to the comments in the
conforming CJR regulation changes so applicability date for the EPM preamble to that document.
that the effective date of those changes provisions from July 1, 2017 to October CMS–5519–IFC
remains aligned with the applicability 1, 2017. We are also delaying the Dated: March 16, 2017.
(model start) date of the EPMs. effective date of the CJR regulation Seema Verma,
To the extent that section 553 of the amendments that were to take effect July Administrator, Centers for Medicare &
Administrative Procedure Act (APA) 1, 2017 to October 1, 2017, to maintain Medicaid Services.
applies to this action to further delay our policy of aligning these changes Approved: March 17, 2017.
the rule’s effective date for the purpose with EPMs and to avoid confusion.
of ensuring adequate time for Thomas E. Price,
Because we are immediately adjusting
subsequent notice and comment Secretary, Department of Health and Human
the effective and applicability dates of Services.
rulemaking if that is warranted, this IFC the EPMs by 3 months but believe a 6-
is exempt from notice and comment [FR Doc. 2017–05692 Filed 3–20–17; 8:45 am]
month delay in the applicability (model
because it constitutes a rule of start) date to be warranted, in this IFC BILLING CODE 4120–01–P
procedure under 5 U.S.C. 553(b)(A). we are soliciting public comment on the
Furthermore, 5 U.S.C. 553(b)(B) permits appropriateness of a further delay in the
a waiver of prior notice and comment if applicability (model start) date and will FEDERAL COMMUNICATIONS
an agency finds good cause that a take those comments into consideration. COMMISSION
notice-and-comment procedure is For these same reasons, we find good
impracticable, unnecessary, or contrary 47 CFR Part 54
cause to waive the 30-day delay in
to the public interest. Similarly, section effective date provided for in 5 U.S.C. [WC Docket Nos. 10–90, 14–58; FCC 17–
1871 of the Act, which normally 553(d). Based on these findings, this 12]
requires prior notice and a 60-day rule is effective immediately upon
public comment period for rules that Connect America Fund, ETC Annual
publication in the Federal Register.
establish or change a substantive legal Reports and Certifications
standard, permits waiver of prior notice As discussed previously, timing
considerations support an immediate AGENCY: Federal Communications
and comment when there is good cause
delay to the effective and applicability Commission.
for an exception under 5 U.S.C.
553(b)(B). In addition, the requirement dates and necessitate that the delay ACTION: Final rule.
under section 553(d) of the APA for a operate on a quarterly basis. Moreover,
our ongoing review of the policy, SUMMARY: In this document, the Federal
30-day delay in the effective date of a Communications Commission
rule can be waived for good cause. The consistent with the January 20, 2017
presidential memorandum, and our (Commission) takes another step
January 20, 2017 ‘‘Regulatory Freeze towards implementing the Connect
Pending Review’’ executive identification of the possibility of
additional notice and comment America Phase II auction in which
memorandum stated that the rules service providers will compete to
under review should be delayed 60 days rulemaking to make any warranted
modifications to the policy, further receive support of up to $1.98 billion to
from the date of the memorandum. In offer voice and broadband service in
addition, that memorandum provided necessitate immediate delay. As
discussed in the January 3, 2017 final unserved high-cost areas.
that agencies should consider issuing a
rule (82 FR 184), under the 5-year DATES: Effective April 20, 2017.
notice of proposed rulemaking and
solicit public comment if they believed models governed by the rule, FOR FURTHER INFORMATION CONTACT:
that a delay beyond 60 days from the participants will have a significant Alexander Minard, Wireline
date of the memorandum was necessary. opportunity to redesign care. Delaying Competition Bureau, (202) 418–7400 or
Given that the provisions of the final the effective and applicability (model TTY: (202) 418–0484.
rule that provide for a start date for the start) dates will prevent participant SUPPLEMENTARY INFORMATION: This is a
EPMs and CR Incentive Payment model confusion and corresponding disruption summary of the Commission’s Report
of July 1, 2017 will take effect on March to these efforts, ensure that the agency and Order and Order on
21, 2017, there is insufficient time to has adequate time to undertake notice Reconsideration in WC Docket Nos. 10–
pmangrum on DSK4SPTVN1PROD with RULES
undertake full notice and comment and comment rulemaking to modify the 90, 14–58; FCC 17–12, adopted on
rulemaking ahead of the March 21, 2017 policy if modifications are warranted, February 23, 2017 and released on
effective date. We have determined that and ensure that in the case of policy March 2, 2017. The full text of this
issuing this IFC as a proposed rule, such modifications, participants have a clear document is available for public
that it would not become effective until understanding of the governing rules inspection during regular business
after public comments are submitted, and are not required to take needless hours in the FCC Reference Center,
considered and responded to in a final compliance steps due to the rule taking Room CY–A257, 445 12th Street SW.,
VerDate Sep<11>2014 13:46 Mar 20, 2017 Jkt 241001 PO 00000 Frm 00048 Fmt 4700 Sfmt 4700 E:\FR\FM\21MRR1.SGM 21MRR1](https://thefederalregister.org/doc/82_FR_14517/page/3.svg)
Document Created: 2017-03-21 01:09:31
Document Modified: 2017-03-21 01:09:31
| 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 | Interim final rule with comment period; delay of effective date. | |
| Dates | Effective date: As of March 20, 2017, the effective date for the provisions of the final rule published in the January 3, 2017 Federal Register (82 FR 180), which was delayed until March 21, 2017 on February 18, 2017 (82 FR 10961), is further delayed to May 20, 2017. Additionally, the effective date of the provisions of the final rule contained in the following amendatory instructions is delayed from July 1, 2017 to October 1, 2017: Number 3 amending 42 CFR 510.2; number 4 adding 42 CFR 510.110; number 6 amending 42 CFR 510.120; number 14 amending 42 CFR 510.405; number 15 amending 42 CFR 510.410; number 16 revising 42 CFR 510.500; number 17 revising 42 CFR 510.505; number 18 adding 42 CFR 510.506; and number 19 amending 42 CFR 510.515. | |
| Contact | Sean Harris (410) 786-0812. | |
| FR Citation | 82 FR 14464 | |
| RIN Number | 0938-AS90 | |
| CFR Citation | 42
CFR
510 42 CFR 512 |
2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR