Solicitation Provisions and Contract Clauses, 55089-55090 [07-55518]
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55089
Federal Register / Vol. 72, No. 188 / Friday, September 28, 2007 / Rules and Regulations
TABLE 14.—PROJECTED IMPACT TO THE SNF PPS FOR FY 2008—Continued
Update wage
data
(percent)
Number of
facilities
Voluntary ...............................................................................................................................
Total FY 2008
change
(percent)
¥0.1
3,472
3.2
1 The
Outlying region includes the following, noncontiguous jurisdictions referenced as States in §§ 1861(x) and 210(h) of the Social Security
Act: Puerto Rico, the Virgin Islands, American Samoa, and Guam.
8. On page 43436, third column, lines
4–5, the figure ‘‘9.6 percent’’ is
corrected to read ‘‘9.5 percent’’.
9. On page 43446, the entry of
‘‘1.0937’’ that is displayed in Table 8 as
the wage index value for CBSA Code
25540 (Hartford–West Hartford–East
Hartford, CT) is corrected to read
‘‘1.0930’’.
10. On page 43462, the entry of
‘‘1.1283’’ that is displayed in Table 9 as
the wage index value for CBSA Code 7
(rural Connecticut) is corrected to read
‘‘1.1711’’.
rwilkins on PROD1PC63 with RULES
III. Waiver of Proposed Rulemaking
and Delayed Effective Date
We ordinarily publish a notice of
proposed rulemaking in the Federal
Register to provide a period for public
comment before the provisions of a
notice such as this take effect in
accordance with section 553(b) of the
Administrative Procedure Act (APA) (5
U.S.C. 553(b)). We also ordinarily
provide a 30-day delay in the effective
date of the provisions of a notice in
accordance with section 553(d) of the
APA (5 U.S.C. 553(d)). However, we can
waive both the notice and comment
procedure and the 30-day delay in
effective date if the Secretary finds, for
good cause, that a notice and comment
process is impracticable, unnecessary or
contrary to the public interest, and
incorporates a statement of the finding
and the reasons therefore in the notice.
We find for good cause that it is
unnecessary to undertake notice and
comment rulemaking because this
notice merely provides technical
corrections to the regulations. We are
not making substantive changes to our
payment methodologies or policies, but
rather, are simply implementing
correctly the payment methodologies
and policies that we previously
proposed, received comment on, and
subsequently finalized. The public has
already had the opportunity to comment
on these payment methodologies and
policies, and this correction notice is
intended solely to ensure that the FY
2008 SNF PPS final rule accurately
reflects them. Therefore, we believe that
undertaking further notice and comment
procedures to incorporate these
corrections into the update notice is
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18:21 Sep 27, 2007
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unnecessary and contrary to the public
interest.
Further, we believe a delayed
effective date is unnecessary because
this correction notice merely corrects
inadvertent technical errors. The
changes noted above do not make any
substantive changes to the SNF PPS
payment methodologies or policies.
Moreover, we regard imposing a delay
in the effective date as being contrary to
the public interest. We believe that it is
in the public interest for providers to
receive appropriate SNF PPS payments
in as timely a manner as possible and
to ensure that the FY 2008 SNF PPS
final rule accurately reflects our
payment methodologies, payment rates,
and policies. Therefore, we find good
cause to waive notice and comment
procedures, as well as the 30-day delay
in effective date.
(Catalog of Federal Domestic Assistance
Program No. 93.773, Medicare—Hospital
Insurance; and Program No. 93.774,
Medicare—Supplementary Medical
Insurance Program)
Dated: September 17, 2007.
Ann C. Agnew,
Executive Secretary to the Department.
[FR Doc. E7–18732 Filed 9–27–07; 8:45 am]
BILLING CODE 4120–01–P
DEPARTMENT OF HOMELAND
SECURITY
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Part 0
Commission Organization
CFR Correction
In Title 47 of the Code of Federal
Regulations, Parts 0 to 19, revised as of
October 1, 2006, on page 45, in § 0.406,
in paragraph (b)(2), the eighth sentence,
beginning with ‘‘Additional procedures
applicable . . .’’, is removed and a
sentence is added following the sixth
sentence to read as follows:
§ 0.406
The rules and regulations.
*
*
*
*
*
(b) * * *
(2) * * * Part 1, subpart E, of this
chapter contains general rules and
procedures applicable to common
carriers. * * *
*
*
*
*
*
[FR Doc. 07–55514 Filed 9–27–07; 8:45 am]
BILLING CODE 1505–01–D
DEPARTMENT OF DEFENSE
GENERAL SERVICES
ADMINISTRATION
NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION
48 CFR Part 52
Federal Emergency Management
Agency
Solicitation Provisions and Contract
Clauses
44 CFR Part 64
CFR Correction
In Title 48 of the Code of Federal
Regulations, Chapter I (Parts 52 to 99),
revised as of October 1, 2006, on page
80, in section 52.215–15, correct
paragraph (b) and the source note to
read as follows:
Communities Eligible for the Sale of
Insurance
CFR Correction
In Title 44 of the Code of Federal
Regulations, revised as of October 1,
2006, on page 339, in § 64.4, paragraph
(b), in the fourth sentence, remove the
words ‘‘within the newly-month
period,’’ and add the words ‘‘within the
newly-acquired area the requirements of
§ 60.3(b) of this subchapter. During the
six month period,’’ in their place.
[FR Doc. 07–55516 Filed 9–27–07; 8:45 am]
BILLING CODE 1505–01–D
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52.215–15 Pension adjustments and asset
reversions.
*
*
*
*
*
(b) For segment closings, pension plan
terminations, or curtailment of benefits, the
amount of the adjustment shall be—
(1) For contracts and subcontracts that are
subject to full coverage under the Cost
Accounting Standards (CAS) Board rules and
regulations (48 CFR Chapter 99), the amount
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55090
Federal Register / Vol. 72, No. 188 / Friday, September 28, 2007 / Rules and Regulations
measured, assigned, and allocated in
accordance with 48 CFR 9904.413–50(c)(12);
and
(2) For contracts and subcontracts that are
not subject to full coverage under the CAS,
the amount measured, assigned, and
allocated in accordance with 48 CFR
9904.413–50(c)(12), except the numerator of
the fraction at 48 CFR 9904.413–50(c)(12)(vi)
shall be the sum of the pension plan costs
allocated to all non-CAS covered contracts
and subcontracts that are subject to Federal
Acquisition Regulation (FAR) Subpart 31.2 or
for which cost or pricing data were
submitted.
*
*
*
*
*
[63 FR 58598, Oct. 30, 1998, as amended at
68 FR 69257, Dec. 11, 2003; 69 FR 59704,
Oct. 5, 2004; 69 FR 60967, Oct. 14, 2004]
[FR Doc. 07–55518 Filed 9–27–07; 8:45 am]
In each phase, progressively fewer
contracts are awarded until a single
contractor is chosen for the final phase.
Normally, all down-selections are
accomplished without issuance of a
new, formal solicitation.
[FR Doc. 07–55517 Filed 9–27–07; 8:45 am]
BILLING CODE 1505–01–D
DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials
Safety Administration
49 CFR Part 171
[Docket No. PHMSA–2005–23141 (HM–
215F)]
BILLING CODE 1505–01–D
RIN 2137–AE01
NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION
Hazardous Materials: Revision and
Reformatting of Requirements for the
Authorization To Use International
Transport Standards and Regulations;
Correction
48 CFR Parts 1807 and 1817
CFR Correction
In Title 48 of the Code of Federal
Regulations, Chapters 15 to 28, revised
as of October 1, 2006, on page 185,
reinstate section 1807.7201, and on page
204, reinstate section 1817.7300 to read
as follows:
1807.7201
Definitions.
Class of contracts means a grouping of
acquisitions, either by dollar value or by
the nature of supplies and services to be
acquired.
Contract opportunity means planned
new contract awards exceeding $25,000.
rwilkins on PROD1PC63 with RULES
1817.7300
Definitions.
(a) Down-selection. In a phased
acquisition, the process of selecting
contractors for later phases from among
the preceding phase contractors.
(b) Phased Acquisition. An
incremental acquisition implementation
comprised of several distinct phases
where the realization of program/project
objectives requires a planned, sequential
acquisition of each phase. The phases
may be acquired separately, in
combination, or through a downselection strategy.
(c) Progressive Competition. A type of
down-selection strategy for a phased
acquisition. In this method, a single
solicitation is issued for all phases of
the program. The initial phase contracts
are awarded, and the contractors for
subsequent phases are expected to be
chosen through a down-selection from
among the preceding phase contractors.
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Pipeline and Hazardous
Materials Safety Administration
(PHMSA), DOT.
ACTION: Final rule; correction.
AGENCY:
Acquisition Planning and Special
Contracting Methods
SUMMARY: On May 3, 2007, PHMSA
published a final rule to amend the
Hazardous Materials Regulations (HMR;
Parts 171–180) by revising and
consolidating the requirements
applicable to the use of the International
Civil Aviation Organization’s Technical
Instructions for the Safe Transport of
Dangerous Goods by Air, the
International Maritime Dangerous
Goods Code, the Canadian Transport of
Dangerous Goods Regulations, and the
International Atomic Energy Agency
Safety Standards Series: Regulations for
the Safe Transport of Radioactive
Material. This rule corrects errors in the
final rule.
DATES: Effective date: September 28,
2007.
Joan
McIntyre or Kurt Eichenlaub, Office of
Hazardous Materials Standards, (202)
366–8553, Pipeline and Hazardous
Materials Safety Administration, U.S.
Department of Transportation, 1200
New Jersey Avenue, SE., Washington,
DC 20590–0001.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
Background
On May 3, 2007, the Pipeline and
Hazardous Materials Safety
Administration (PHMSA, we) published
a final rule under Docket No. PHMSA–
2005–23141 (HM–215F) to amend the
Hazardous Materials Regulations (HMR;
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49 CFR Parts 171–180) by revising and
consolidating the requirements
applicable to the use of the International
Civil Aviation Organization’s Technical
Instructions for the Safe Transport of
Dangerous Goods by Air, the
International Maritime Dangerous
Goods Code, the Canadian Transport of
Dangerous Goods Regulations, and the
International Atomic Energy Agency
Safety Standards Series: Regulations for
the Safe Transport of Radioactive
Material. The final rule is effective as of
October 1, 2007.
The Dangerous Goods Advisory
Council (DGAC), an organization of
industry stakeholders, filed an appeal to
the May 3 final rule on June 4, 2007. We
are addressing most elements of DGAC’s
appeal in a separate response, which
will be included in the docket for this
rulemaking. In the meantime, we are
issuing this correction to address certain
errors that DGAC identified in the text
of the May 3 final rule.
Correction
The May 5 final rule added a new
§ 171.22, which provides authorization
and conditions for the use of
international standards and regulations
for the commercial transportation of
hazardous materials to, from, or within
the United States. Paragraph (g) of this
section requires shipments to conform
to applicable HMR requirements,
including the general packaging
requirements in §§ 173.24 and 173.24a
and the reuse, reconditioning, and
remanufacture requirements in § 173.28.
The notice of proposed rulemaking
issued under this docket on January 27,
2006 (71 FR 4544) proposed to apply
these requirements ‘‘for export
shipments’’. The phrase ‘‘for export
shipments’’ was inadvertently dropped
from the May 3 final rule. It was not our
intention to require compliance with
§§ 173.24, 173.24a, or 173.28 for import
shipments. Therefore, in this final rule,
we are reinserting the phrase ‘‘for export
shipments’’ in paragraphs (g)(5) and
(g)(6) of § 173.22.
The DGAC appeal also identifies a
typographical error in § 171.12(a)(2).
Use of the term ‘‘subpart’’ in
§ 171.12(a)(2) is incorrect. This
paragraph should read: ‘‘When the
provisions of this subchapter require a
DOT specification or UN standard
packaging to be used for transporting a
hazardous material, a packaging
authorized by the Transport Canada
TDG Regulations may be used, subject
to the limitations of this part, and only
if it is equivalent to the corresponding
DOT specification or UN packaging (see
§ 173.24(d)(2) of this subchapter)
authorized by this subchapter.’’ We are
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[Federal Register Volume 72, Number 188 (Friday, September 28, 2007)]
[Rules and Regulations]
[Pages 55089-55090]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 07-55518]
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DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Part 52
Solicitation Provisions and Contract Clauses
CFR Correction
In Title 48 of the Code of Federal Regulations, Chapter I (Parts 52
to 99), revised as of October 1, 2006, on page 80, in section 52.215-
15, correct paragraph (b) and the source note to read as follows:
52.215-15 Pension adjustments and asset reversions.
* * * * *
(b) For segment closings, pension plan terminations, or
curtailment of benefits, the amount of the adjustment shall be--
(1) For contracts and subcontracts that are subject to full
coverage under the Cost Accounting Standards (CAS) Board rules and
regulations (48 CFR Chapter 99), the amount
[[Page 55090]]
measured, assigned, and allocated in accordance with 48 CFR
9904.413-50(c)(12); and
(2) For contracts and subcontracts that are not subject to full
coverage under the CAS, the amount measured, assigned, and allocated
in accordance with 48 CFR 9904.413-50(c)(12), except the numerator
of the fraction at 48 CFR 9904.413-50(c)(12)(vi) shall be the sum of
the pension plan costs allocated to all non-CAS covered contracts
and subcontracts that are subject to Federal Acquisition Regulation
(FAR) Subpart 31.2 or for which cost or pricing data were submitted.
* * * * *
[63 FR 58598, Oct. 30, 1998, as amended at 68 FR 69257, Dec. 11,
2003; 69 FR 59704, Oct. 5, 2004; 69 FR 60967, Oct. 14, 2004]
[FR Doc. 07-55518 Filed 9-27-07; 8:45 am]
BILLING CODE 1505-01-D
