82_FR_28973 82 FR 28852 - Agency Information Collection Activities: Proposed Collection; Comment Request

82 FR 28852 - Agency Information Collection Activities: Proposed Collection; Comment Request

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Centers for Medicare & Medicaid Services

Federal Register Volume 82, Issue 121 (June 26, 2017)

Page Range28852-28853
FR Document2017-13198

The Centers for Medicare & Medicaid Services (CMS) is announcing an opportunity for the public to comment on CMS' intention to collect information from the public. Under the Paperwork Reduction Act of 1995 (the PRA), federal agencies are required to publish notice in the Federal Register concerning each proposed collection of information (including each proposed extension or reinstatement of an existing collection of information) and to allow 60 days for public comment on the proposed action. Interested persons are invited to send comments regarding our burden estimates or any other aspect of this collection of information, including the necessity and utility of the proposed information collection for the proper performance of the agency's functions, the accuracy of the estimated burden, ways to enhance the quality, utility, and clarity of the information to be collected, and the use of automated collection techniques or other forms of information technology to minimize the information collection burden.

Federal Register, Volume 82 Issue 121 (Monday, June 26, 2017)
[Federal Register Volume 82, Number 121 (Monday, June 26, 2017)]
[Notices]
[Pages 28852-28853]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-13198]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Centers for Medicare & Medicaid Services

[Document Identifier: CMS-10292, CMS-10332 and CMS-10239]


Agency Information Collection Activities: Proposed Collection; 
Comment Request

AGENCY: Centers for Medicare & Medicaid Services, HHS.

ACTION: Notice.

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SUMMARY: The Centers for Medicare & Medicaid Services (CMS) is 
announcing an opportunity for the public to comment on CMS' intention 
to collect information from the public. Under the Paperwork Reduction 
Act of 1995 (the PRA), federal agencies are required to publish notice 
in the Federal Register concerning each proposed collection of 
information (including each proposed extension or reinstatement of an 
existing collection of information) and to allow 60 days for public 
comment on the proposed action. Interested persons are invited to send 
comments regarding our burden estimates or any other aspect of this 
collection of information, including the necessity and utility of the 
proposed information collection for the proper performance of the 
agency's functions, the accuracy of the estimated burden, ways to 
enhance the quality, utility, and clarity of the information to be 
collected, and the use of automated collection techniques or other 
forms of information technology to minimize the information collection 
burden.

DATES: Comments must be received by August 25, 2017.

ADDRESSES: When commenting, please reference the document identifier or 
OMB control number. To be assured consideration, comments and 
recommendations must be submitted in any one of the following ways:
    1. Electronically. You may send your comments electronically to 
http://www.regulations.gov. Follow the instructions for ``Comment or 
Submission'' or ``More Search Options'' to find the information 
collection document(s) that are accepting comments.
    2. By regular mail. You may mail written comments to the following 
address: CMS, Office of Strategic Operations and Regulatory Affairs, 
Division of Regulations Development, Attention: Document Identifier/OMB 
Control Number _________, Room C4-26-05, 7500 Security Boulevard, 
Baltimore, Maryland 21244-1850.
    To obtain copies of a supporting statement and any related forms 
for the proposed collection(s) summarized in this notice, you may make 
your request using one of following:
    1. Access CMS' Web site address at https://www.cms.gov/Regulations-and-Guidance/Legislation/PaperworkReductionActof1995/PRA-Listing.html.
    2. Email your request, including your address, phone number, OMB 
number, and CMS document identifier, to [email protected].
    3. Call the Reports Clearance Office at (410) 786-1326.

FOR FURTHER INFORMATION CONTACT: William Parham at (410) 786-4669.

SUPPLEMENTARY INFORMATION:

Contents

    This notice sets out a summary of the use and burden associated 
with the following information collections. More detailed information 
can be found in each collection's supporting statement and associated 
materials (see ADDRESSES).

CMS-10292 State Medicaid HIT Plan, Planning Advance Planning 
Document, and Implementation Advance Planning Document for Section 
4201 of the Recovery Act
CMS-10332 Disclosure Requirement for the In-Office Ancillary 
Services Exception
CMS-10239 Conditions of Participation for Critical Access Hospitals 
(CAH) and Supporting Regulations

    Under the PRA (44 U.S.C. 3501-3520), federal agencies must obtain 
approval from the Office of Management and Budget (OMB) for each 
collection of information they conduct or sponsor. The term 
``collection of information'' is defined in 44 U.S.C. 3502(3) and 5 CFR 
1320.3(c) and includes agency requests or requirements that members of 
the public submit reports, keep records, or provide information to a 
third party. Section 3506(c)(2)(A) of the PRA requires federal agencies 
to publish a 60-day notice in the Federal Register concerning each 
proposed collection of information, including each proposed extension 
or reinstatement of an existing collection of information, before 
submitting the collection to OMB for approval. To comply with this 
requirement, CMS is publishing this notice.

Information Collection

    1. Type of Information Collection Request: Extension of a currently 
approved collection; Title of Information Collection: State Medicaid 
HIT Plan, Planning Advance Planning Document, and Implementation 
Advance Planning Document for Section 4201 of the Recovery Act; Use: To 
assess the appropriateness of state requests for the administrative 
Federal financial participation for expenditures under their Medicaid 
Electronic Health Record Incentive Program related to health 
information exchange, our staff will review the submitted information 
and documentation to make an approval determination of the state 
advance planning document. Form Number: CMS-10292 (OMB control number: 
0938-1088); Frequency: Once and occasionally; Affected Public: State, 
Local, and Tribal Governments; Number of Respondents: 56; Total Annual 
Responses: 56; Total Annual Hours: 896. (For policy questions regarding 
this collection contact Marty Rice at 410-786-2417.)
    2. Type of Information Collection Request: Extension of a currently 
approved collection; Title of Information Collection: Disclosure 
Requirement for the In-Office Ancillary Services Exception; Use: 
Section 6003 of the ACA established a disclosure requirement for the 
in-office ancillary services exception to the prohibition of physician 
self-referral for certain imaging services. This section of the ACA 
amended section 1877(b)(2) of the Social Security Act by adding a 
requirement that the referring physician informs the patient, at the 
time of the referral and in writing, that the patient may receive the 
imaging service from another supplier. The implementing regulations are 
at 42 CFR 411.355(b)(7).

[[Page 28853]]

    Physicians who provide certain imaging services (MRI, CT, and PET) 
under the in-office ancillary services exception to the physician self-
referral prohibition are required to provide the disclosure notice as 
well as the list of other imaging suppliers to the patient. The patient 
will then be able to use the disclosure notice and list of suppliers in 
making an informed decision about his or her course of care for the 
imaging service. CMS would use the collected information for 
enforcement purposes. Specifically, if we were investigating the 
referrals of a physician providing advanced imaging services under the 
in-office ancillary services exception, we would review the written 
disclosure in order to determine if it satisfied the requirement. Form 
Number: CMS-10332 (OMB control number: 0938-1133); Frequency: 
Occasionally; Affected Public: State, Local, and Tribal Governments; 
Number of Respondents: 7,100; Total Annual Responses: 759,700; Total 
Annual Hours: 19,638. (For policy questions regarding this collection 
contact Laura Dash at 410-786-8623.)
    3. Type of Information Collection Request: Extension of a currently 
approved collection; Title of Information Collection: Conditions of 
Participation for Critical Access Hospitals (CAH) and Supporting 
Regulations; Use: At the outset of the critical access hospital (CAH) 
program, the information collection requirements for all CAHs were 
addressed together under the following information collection request: 
CMS-R-48 (OCN: 0938-0328). As the CAH program has grown in both scope 
of services and the number of providers, the burden associated with 
CAHs with distinct part units (DPUs) was separated from the CAHs 
without DPUs. Section 1820(c)(2)(E)(i) of the Social Security Act 
provides that a CAH may establish and operate a psychiatric or 
rehabilitation DPU. Each DPU may maintain up to10 beds and must comply 
with the hospital requirements specified in 42 CFR subparts A, B, C, 
and D of part 482. Presently, 105 CAHs have rehabilitation or 
psychiatric DPUs. The burden associated with CAHs that have DPUs 
continues to be reported under CMS-R-48, along with the burden for all 
4,890 accredited and non-accredited hospitals.
    The CAH conditions of participation and accompanying information 
collection requirements specified in the regulations are used by 
surveyors as a basis for determining whether a CAH meets the 
requirements to participate in the Medicare program. We, along with the 
healthcare industry, believe that the availability to the facility of 
the type of records and general content of records, which this 
regulation specifies, is standard medical practice and is necessary in 
order to ensure the well-being and safety of patients and professional 
treatment accountability. Form Number: CMS-10239 (OMB Control number: 
0938-1043); Frequency: Yearly; Affected Public: Private sector--
Business or other for-profit; Number of Respondents: 1,215; Total 
Annual Responses: 144,585; Total Annual Hours: 24,183. (For policy 
questions regarding this collection contact Mary Collins at 410-786-
3189.)

    Dated: June 20, 2017.
William N. Parham, III,
Director, Paperwork Reduction Staff, Office of Strategic Operations and 
Regulatory Affairs.
[FR Doc. 2017-13198 Filed 6-23-17; 8:45 am]
BILLING CODE 4120-01-P



                                                28852                          Federal Register / Vol. 82, No. 121 / Monday, June 26, 2017 / Notices

                                                the Medicare Program Form (CMS–377)                     collected, and the use of automated                    approval from the Office of Management
                                                is used by State agencies who conduct                   collection techniques or other forms of                and Budget (OMB) for each collection of
                                                certification surveys on CMS’ behalf to                 information technology to minimize the                 information they conduct or sponsor.
                                                maintain information on the facility’s                  information collection burden.                         The term ‘‘collection of information’’ is
                                                characteristics that facilitate conducting              DATES: Comments must be received by                    defined in 44 U.S.C. 3502(3) and 5 CFR
                                                surveys, e.g., determining the size and                 August 25, 2017.                                       1320.3(c) and includes agency requests
                                                the composition of the survey team on                   ADDRESSES: When commenting, please                     or requirements that members of the
                                                the basis of the number of ORs/                         reference the document identifier or                   public submit reports, keep records, or
                                                procedure rooms and the types of                        OMB control number. To be assured                      provide information to a third party.
                                                surgical procedures performed in the                    consideration, comments and                            Section 3506(c)(2)(A) of the PRA
                                                ASC. Form Numbers: CMS–370 and                          recommendations must be submitted in                   requires federal agencies to publish a
                                                CMS–377 (OMB control number: 0938–                      any one of the following ways:                         60-day notice in the Federal Register
                                                0266); Frequency: Occasionally;                           1. Electronically. You may send your                 concerning each proposed collection of
                                                Affected Public: Private Sector—                        comments electronically to http://                     information, including each proposed
                                                Business or other for-profit and Not-for-               www.regulations.gov. Follow the                        extension or reinstatement of an existing
                                                profit institutions; Number of                          instructions for ‘‘Comment or                          collection of information, before
                                                Respondents: 5,694; Total Annual                        Submission’’ or ‘‘More Search Options’’                submitting the collection to OMB for
                                                Responses: 1,898; Total Annual Hours:                   to find the information collection                     approval. To comply with this
                                                627. (For policy questions regarding this               document(s) that are accepting                         requirement, CMS is publishing this
                                                collection contact Erin McCoy at 410–                   comments.                                              notice.
                                                786–2337.)                                                2. By regular mail. You may mail
                                                                                                                                                               Information Collection
                                                   Dated: June 21, 2017.                                written comments to the following
                                                William N. Parham, III,                                 address: CMS, Office of Strategic                         1. Type of Information Collection
                                                Director, Paperwork Reduction Staff, Office             Operations and Regulatory Affairs,                     Request: Extension of a currently
                                                of Strategic Operations and Regulatory                  Division of Regulations Development,                   approved collection; Title of
                                                Affairs.                                                Attention: Document Identifier/OMB                     Information Collection: State Medicaid
                                                [FR Doc. 2017–13321 Filed 6–23–17; 8:45 am]             Control Number _________, Room C4–                     HIT Plan, Planning Advance Planning
                                                BILLING CODE 4120–01–P                                  26–05, 7500 Security Boulevard,                        Document, and Implementation
                                                                                                        Baltimore, Maryland 21244–1850.                        Advance Planning Document for
                                                                                                          To obtain copies of a supporting                     Section 4201 of the Recovery Act; Use:
                                                DEPARTMENT OF HEALTH AND                                statement and any related forms for the                To assess the appropriateness of state
                                                HUMAN SERVICES                                          proposed collection(s) summarized in                   requests for the administrative Federal
                                                                                                        this notice, you may make your request                 financial participation for expenditures
                                                Centers for Medicare & Medicaid                         using one of following:                                under their Medicaid Electronic Health
                                                Services                                                  1. Access CMS’ Web site address at                   Record Incentive Program related to
                                                                                                        https://www.cms.gov/Regulations-and-                   health information exchange, our staff
                                                [Document Identifier: CMS–10292, CMS–
                                                10332 and CMS–10239]                                    Guidance/Legislation/                                  will review the submitted information
                                                                                                        PaperworkReductionActof1995/PRA-                       and documentation to make an approval
                                                Agency Information Collection                           Listing.html.                                          determination of the state advance
                                                Activities: Proposed Collection;                          2. Email your request, including your                planning document. Form Number:
                                                Comment Request                                         address, phone number, OMB number,                     CMS–10292 (OMB control number:
                                                                                                        and CMS document identifier, to                        0938–1088); Frequency: Once and
                                                AGENCY: Centers for Medicare &                          Paperwork@cms.hhs.gov.
                                                Medicaid Services, HHS.                                                                                        occasionally; Affected Public: State,
                                                                                                          3. Call the Reports Clearance Office at              Local, and Tribal Governments; Number
                                                ACTION: Notice.                                         (410) 786–1326.                                        of Respondents: 56; Total Annual
                                                                                                        FOR FURTHER INFORMATION CONTACT:                       Responses: 56; Total Annual Hours:
                                                SUMMARY:    The Centers for Medicare &
                                                Medicaid Services (CMS) is announcing                   William Parham at (410) 786–4669.                      896. (For policy questions regarding this
                                                an opportunity for the public to                        SUPPLEMENTARY INFORMATION:                             collection contact Marty Rice at 410–
                                                comment on CMS’ intention to collect                    Contents                                               786–2417.)
                                                information from the public. Under the                                                                            2. Type of Information Collection
                                                                                                          This notice sets out a summary of the
                                                Paperwork Reduction Act of 1995 (the                                                                           Request: Extension of a currently
                                                                                                        use and burden associated with the
                                                PRA), federal agencies are required to                                                                         approved collection; Title of
                                                                                                        following information collections. More
                                                publish notice in the Federal Register                                                                         Information Collection: Disclosure
                                                                                                        detailed information can be found in
                                                concerning each proposed collection of                                                                         Requirement for the In-Office Ancillary
                                                                                                        each collection’s supporting statement
                                                information (including each proposed                                                                           Services Exception; Use: Section 6003 of
                                                                                                        and associated materials (see
                                                extension or reinstatement of an existing                                                                      the ACA established a disclosure
                                                                                                        ADDRESSES).
                                                collection of information) and to allow                                                                        requirement for the in-office ancillary
                                                60 days for public comment on the                       CMS–10292 State Medicaid HIT Plan,                     services exception to the prohibition of
                                                proposed action. Interested persons are                  Planning Advance Planning Document,                   physician self-referral for certain
                                                                                                         and Implementation Advance Planning
                                                invited to send comments regarding our                   Document for Section 4201 of the Recovery
                                                                                                                                                               imaging services. This section of the
                                                burden estimates or any other aspect of                                                                        ACA amended section 1877(b)(2) of the
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                                                                                                         Act
                                                this collection of information, including               CMS–10332 Disclosure Requirement for the               Social Security Act by adding a
                                                the necessity and utility of the proposed                In-Office Ancillary Services Exception                requirement that the referring physician
                                                information collection for the proper                   CMS–10239 Conditions of Participation for              informs the patient, at the time of the
                                                performance of the agency’s functions,                   Critical Access Hospitals (CAH) and                   referral and in writing, that the patient
                                                the accuracy of the estimated burden,                    Supporting Regulations                                may receive the imaging service from
                                                ways to enhance the quality, utility, and                 Under the PRA (44 U.S.C. 3501–                       another supplier. The implementing
                                                clarity of the information to be                        3520), federal agencies must obtain                    regulations are at 42 CFR 411.355(b)(7).


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                                                                               Federal Register / Vol. 82, No. 121 / Monday, June 26, 2017 / Notices                                             28853

                                                  Physicians who provide certain                        availability to the facility of the type of            489 and those pertaining to the survey
                                                imaging services (MRI, CT, and PET)                     records and general content of records,                and certification for Medicare
                                                under the in-office ancillary services                  which this regulation specifies, is                    participation of providers and certain
                                                exception to the physician self-referral                standard medical practice and is                       types of suppliers are at 42 CFR part
                                                prohibition are required to provide the                 necessary in order to ensure the well-                 488. The regulations at 42 CFR part 482
                                                disclosure notice as well as the list of                being and safety of patients and                       specify the specific conditions that a
                                                other imaging suppliers to the patient.                 professional treatment accountability.                 provider must meet to participate in the
                                                The patient will then be able to use the                Form Number: CMS–10239 (OMB                            Medicare program as a hospital.
                                                disclosure notice and list of suppliers in              Control number: 0938–1043);                            Hospitals that wish to be paid under the
                                                making an informed decision about his                   Frequency: Yearly; Affected Public:                    Medicaid program must be approved to
                                                or her course of care for the imaging                   Private sector—Business or other for-                  participate in Medicare, in accordance
                                                service. CMS would use the collected                    profit; Number of Respondents: 1,215;                  with 42 CFR 440.10(a)(3)(iii).
                                                information for enforcement purposes.                   Total Annual Responses: 144,585; Total
                                                Specifically, if we were investigating the                                                                        Generally, to enter into a Medicare
                                                                                                        Annual Hours: 24,183. (For policy
                                                referrals of a physician providing                      questions regarding this collection                    hospital provider agreement, a facility
                                                advanced imaging services under the in-                 contact Mary Collins at 410–786–3189.)                 must first be certified as complying with
                                                office ancillary services exception, we                                                                        the conditions set forth in part 482 and
                                                                                                           Dated: June 20, 2017.                               recommended to the Centers for
                                                would review the written disclosure in
                                                                                                        William N. Parham, III,                                Medicare & Medicaid Services (CMS) for
                                                order to determine if it satisfied the
                                                requirement. Form Number: CMS–                          Director, Paperwork Reduction Staff, Office            participation by a State survey agency.
                                                                                                        of Strategic Operations and Regulatory                 Thereafter, the hospital is subject to
                                                10332 (OMB control number: 0938–
                                                                                                        Affairs.                                               periodic surveys by a State survey
                                                1133); Frequency: Occasionally;
                                                                                                        [FR Doc. 2017–13198 Filed 6–23–17; 8:45 am]            agency to determine whether it
                                                Affected Public: State, Local, and Tribal
                                                Governments; Number of Respondents:                     BILLING CODE 4120–01–P                                 continues to meet these conditions.
                                                7,100; Total Annual Responses:                                                                                 However, there is an alternative to
                                                759,700; Total Annual Hours: 19,638.                                                                           certification surveys by State agencies.
                                                (For policy questions regarding this                    DEPARTMENT OF HEALTH AND
                                                                                                                                                               Accreditation by a nationally recognized
                                                collection contact Laura Dash at 410–                   HUMAN SERVICES
                                                                                                                                                               Medicare accreditation program
                                                786–8623.)                                              Centers for Medicare & Medicaid                        approved by CMS may substitute for
                                                  3. Type of Information Collection                                                                            both initial and ongoing state review.
                                                                                                        Services
                                                Request: Extension of a currently
                                                approved collection; Title of                           [CMS–3338–FN]                                             Section 1865(a)(1) of the Act provides
                                                Information Collection: Conditions of                                                                          that, if the Secretary of the Department
                                                Participation for Critical Access                       Medicare and Medicaid Programs:                        of Health and Human Services (the
                                                Hospitals (CAH) and Supporting                          Approval of an Application From the                    Secretary) finds that accreditation of a
                                                Regulations; Use: At the outset of the                  Center for Improvement in Healthcare                   provider entity by an approved national
                                                critical access hospital (CAH) program,                 Quality for Continued CMS Approval of                  accrediting organization meets or
                                                the information collection requirements                 Its Hospital Accreditation Program                     exceeds all applicable Medicare
                                                for all CAHs were addressed together                                                                           conditions, we may treat the provider
                                                                                                        AGENCY:  Centers for Medicare and                      entity as having met those conditions,
                                                under the following information                         Medicaid Services, HHS.
                                                collection request: CMS–R–48 (OCN:                                                                             that is, we may ‘‘deem’’ the provider
                                                                                                        ACTION: Final notice.                                  entity to be in compliance.
                                                0938–0328). As the CAH program has
                                                grown in both scope of services and the                 SUMMARY:   This final notice announces                 Accreditation by an accrediting
                                                number of providers, the burden                         our decision to approve the Center for                 organization is voluntary and is not
                                                associated with CAHs with distinct part                 Improvement in Healthcare Quality                      required for Medicare participation.
                                                units (DPUs) was separated from the                     (CIHQ) for continued recognition as a                     Part 488 subpart A implements the
                                                CAHs without DPUs. Section                              national accrediting organization for                  provisions of section 1865 of the Act
                                                1820(c)(2)(E)(i) of the Social Security                 hospitals that wish to participate in the              and requires that a national accrediting
                                                Act provides that a CAH may establish                   Medicare or Medicaid programs.                         organization applying for approval of its
                                                and operate a psychiatric or                                                                                   Medicare accreditation program must
                                                                                                        DATES: This final notice is effective July
                                                rehabilitation DPU. Each DPU may                                                                               provide CMS with reasonable assurance
                                                maintain up to10 beds and must comply                   26, 2017 through July 26, 2023.
                                                                                                        FOR FURTHER INFORMATION CONTACT:                       that the accrediting organization
                                                with the hospital requirements specified
                                                                                                        Lillian Williams (410) 786–8638, Monda                 requires its accredited provider entities
                                                in 42 CFR subparts A, B, C, and D of
                                                                                                        Shaver, (410) 786–3410, or Patricia                    to meet requirements that are at least as
                                                part 482. Presently, 105 CAHs have
                                                                                                        Chmielewski, (410) 786–6899.                           stringent as the Medicare conditions.
                                                rehabilitation or psychiatric DPUs. The
                                                burden associated with CAHs that have                   SUPPLEMENTARY INFORMATION:
                                                                                                                                                               Our regulations concerning the approval
                                                DPUs continues to be reported under                                                                            of accrediting organizations are set forth
                                                                                                        I. Background                                          at § 488.5. The regulations at
                                                CMS–R–48, along with the burden for
                                                all 4,890 accredited and non-accredited                   A healthcare provider may enter into                 § 488.5(e)(2)(i) require an accrediting
                                                hospitals.                                              an agreement with Medicare to                          organization to reapply for continued
                                                                                                        participate in the program as a hospital               approval of its Medicare accreditation
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                                                   The CAH conditions of participation
                                                and accompanying information                            provided certain requirements are met.                 program every 6 years or sooner as
                                                collection requirements specified in the                Section 1861(e) of the Social Security                 determined by CMS. The Center for
                                                regulations are used by surveyors as a                  Act (the Act) establishes criteria for                 Improvement in Healthcare Quality’s
                                                basis for determining whether a CAH                     providers seeking participation in                     (CIHQ’s) term of approval as a
                                                meets the requirements to participate in                Medicare as a hospital. Regulations                    recognized Medicare accreditation
                                                the Medicare program. We, along with                    concerning Medicare provider                           program for hospitals expires July 26,
                                                the healthcare industry, believe that the               agreements in general are at 42 CFR part               2017.


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Document Created: 2018-11-14 10:10:26
Document Modified: 2018-11-14 10:10:26
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice.
DatesComments must be received by August 25, 2017.
ContactWilliam Parham at (410) 786-4669.
FR Citation82 FR 28852 

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