Redundancy of Communications Systems: Backup Power Private Land Mobile Radio Services: Selection and Assignment of Frequencies, and Transition of the Upper 200 Channels in the 800 MHz Band to EA Licensing, 28797-28798 [2012-11781]
Download as PDF
Federal Register / Vol. 77, No. 95 / Wednesday, May 16, 2012 / Rules and Regulations
issuers more than approximately $3
million dollars in administrative costs
in 2012. The rule contains no mandates
on State, local or tribal governments.
Thus, this final rule does not impose an
unfunded mandate on State, local or
tribal governments.
F. Federalism
Executive Order 13132 establishes
certain requirements that an agency
must meet when it promulgates a final
rule that imposes substantial direct
requirement costs on State and local
governments, preempts State law, or
otherwise has federalism implications.
The requirements specified in this final
rule would not impose substantial direct
costs on State and local governments.
Throughout the process of developing
this final rule, CMS has attempted to
balance States’ interests in regulating
health insurance issuers and the
Congress’ intent to provide uniform
protections to consumers in every State.
By doing so, it is CMS’ view that it has
complied with the requirements of
Executive Order 13132. Under the
requirements set forth in section 8(a) of
Executive Order 13132, and by the
signatures affixed to this rule, HHS
certifies that CMS has complied with
the requirements of Executive Order
13132 for the attached final rule in a
meaningful and timely manner.
G. Congressional Review Act
This final rule is subject to the
Congressional Review Act provisions of
the Small Business Regulatory
Enforcement Fairness Act of 1996 (5
U.S.C. 801 et seq.), which specifies that
before a rule can take effect, the Federal
agency promulgating the rule shall
submit to each House of the Congress
and to the Comptroller General a report
containing a copy of the rule along with
other specified information, and has
been transmitted to the Congress and
the Comptroller General for review.
pmangrum on DSK3VPTVN1PROD with RULES
List of Subjects in 45 CFR Part 158
Administrative practice and
procedure, Claims, Health care, Health
insurance, Health plans, Penalties,
Reporting and recordkeeping
requirements.
For the reasons stated in the
preamble, the Department of Health and
Human Services amends 45 CFR part
158 as set forth below:
PART 158—ISSUER USE OF PREMIUM
REVENUE: REPORTING AND REBATE
REQUIREMENTS
1. The authority citation for part 158
continues to read as follows:
■
VerDate Mar<15>2010
15:22 May 15, 2012
Jkt 226001
Authority: Section 2718 of the Public
Health Service Act (42 U.S.C. 300gg–18), as
amended.
2. Section 158.251 is added to read as
follows:
■
§ 158.251
Notice of MLR information.
(a) Notice of MLR information when
the MLR standard is met or exceeded.—
(1) General requirement. Except as
provided in paragraph (b) of this
section, for the 2011 MLR reporting
year, an issuer whose MLR meets or
exceeds the applicable MLR standard
required by § 158.210 or § 158.211 must
provide each policyholder and
subscriber of a group health plan, and
each subscriber in the individual
market, a notice in accordance with the
requirements of this section.
(2) Timing. An issuer must provide
the notice required in this paragraph (a)
with the first plan document that the
issuer provides to enrollees on or after
July 1, 2012.
(3) Form and appearance. The notice
must be prominently displayed in clear,
conspicuous 14-point bold type on the
front of the plan document or as a
separate notice. The notice may be
provided electronically, if the
requirements for electronic disclosure
under section 2715 of the Public Health
Service Act are met.
(4) Language. The following language
must be used to satisfy the notice
requirement of this paragraph (a):
Medical Loss Ratio Information—The
Affordable Care Act requires health
insurers in the individual and small
group markets to spend at least 80
percent of the premiums they receive on
health care services and activities to
improve health care quality (in the large
group market, this amount is 85
percent). This is referred to as the
Medical Loss Ratio (MLR) rule or the
80/20 rule. If a health insurer does not
spend at least 80 percent of the
premiums it receives on health care
services and activities to improve health
care quality, the insurer must rebate the
difference.
A health insurer’s Medical Loss Ratio
is determined separately for each State’s
individual, small group and large group
markets in which the health insurer
offers health insurance. In some States,
health insurers must meet a higher or
lower Medical Loss Ratio. No later than
August 1, 2012, health insurers must
send any rebates due for 2011 and
information to employers and
individuals regarding any rebates due
for 2011.
You are receiving this notice because
your health insurer had a Medical Loss
Ratio for 2011 that met or exceeded the
required Medical Loss Ratio. For more
PO 00000
Frm 00035
Fmt 4700
Sfmt 4700
28797
information on Medical Loss Ratio and
your health insurer’s Medical Loss
Ratio, visit www.HealthCare.gov.’’
(b) Exceptions. The requirements of
paragraph (a) of this section do not
apply to an issuer that reports its
experience separately under
§ 158.120(d)(3) or (d)(4), or to an issuer
whose experience is non-credible as
defined in § 158.230(c)(3) and
determined in accordance with
§ 158.231.
Dated: March 8, 2012.
Marilyn Tavenner,
Acting Administrator, Centers for Medicare
& Medicaid Services.
Approved: May 10, 2012.
Kathleen Sebelius,
Secretary, Department of Health and Human
Services.
[FR Doc. 2012–11753 Filed 5–11–12; 11:15 am]
BILLING CODE 4120–01–P
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Parts 12 and 90
[DA 11–1838]
Redundancy of Communications
Systems: Backup Power Private Land
Mobile Radio Services: Selection and
Assignment of Frequencies, and
Transition of the Upper 200 Channels
in the 800 MHz Band to EA Licensing
Federal Communications
Commission.
ACTION: Final rule.
AGENCY:
In this document the Federal
Communications Commission’s
(Commission) Public Safety and
Homeland Security Bureau (Bureau) and
Office of Managing Director (OMD)
make nonsubstantive, editorial revisions
to the Commission’s rules. The Bureau
and OMD make these revisions to delete
certain rule provisions that are without
current legal effect and obsolete. These
nonsubstantive revisions are part of the
Commission’s ongoing examination and
improvement of its processes and
procedures. The revisions and the
specific reasons for each one are set
forth below.
DATES: Effective May 16, 2012.
FOR FURTHER INFORMATION CONTACT: Eric
Ehrenreich, Policy and Licensing
Division, Public Safety and Homeland
Security Bureau, at (202) 418–1726, or
by email at Eric.Ehrenreich@fcc.gov.
SUPPLEMENTARY INFORMATION: This is a
summary of the Bureau and OMD’s
Order, DA 11–1838, adopted and
released on November 1, 2011. The full
SUMMARY:
E:\FR\FM\16MYR1.SGM
16MYR1
28798
Federal Register / Vol. 77, No. 95 / Wednesday, May 16, 2012 / Rules and Regulations
Commission’s rules are amended, as set
forth, pursuant to the authority
contained in sections 4(i), 5(c) and
303(r) of the Communications Act, 47
U.S.C. 154(i), 155(c) and 303(r), and
§§ 0.231(b) and 0.392(e) of the
Commission’s regulations, 47 CFR
0.231(b) and 0.392(e).
11. It is further ordered that the
Secretary shall cause a copy of this
Order to be published in the Federal
Register.
(Braille, large print, electronic files,
audio format), send an email to
fcc504@fcc.gov or call the Consumer &
Governmental Affairs Bureau at 202–
418–0530 (voice), 202–418–0432 (TTY).
I. Procedural Matters
pmangrum on DSK3VPTVN1PROD with RULES
text of this document is available for
inspection and copying during normal
business hours in the FCC Reference
Center (Room CY–A257), 445 12th
Street SW., Washington, DC 20554. The
complete text of this document also may
be purchased from the Commission’s
copy contractor, Best Copy and Printing,
Inc., 445 12th Street SW., Room, CY–
B402, Washington, DC 20554. The full
text may also be downloaded at:
www.fcc.gov.
1. This Order deletes a rule setting
forth backup power requirements for
communications providers. This rule
never took effect and ultimately was
vacated in its entirety by the U.S. Court
of Appeals for the District of Columbia
(DC Circuit). The rule, 47 CFR 12.2, is
therefore without current legal effect
and is deleted as obsolete.
2. This Order also deletes a rule
providing that UHF television
translators on Channels 70 to 83 must
operate on a secondary basis to land
mobile operations in the 800 MHz band
and will not be protected from such
operations. There are no UHF television
translators operating on Channels 70 to
83, and the Commission has eliminated
the TV allocation from these channels.
Accordingly, this rule provision, 47 CFR
90.621(d), is without current legal effect
and is deleted as obsolete.
3. This Order also deletes a provision
that allocates specified channels for
Basic Exchange Telecommunication
Radio Service (BETRS) but expressly
cautions that a pending FCC proposal
could remove this allocation from these
channels. The Commission removed the
allocation in 2005. Accordingly, this
provision, 47 CFR 90.621(h), is without
current legal effect and is deleted as
obsolete.
4. This Order also deletes rule
provisions that provided a framework
for the relocation of incumbent sitebased licensees in the upper 200
channels of the 800 MHz Band by
incoming geographically-based (EA)
licensees. These provisions were a
component of the 1995 reconfiguration
of the 800 MHz band from site-based to
geographic-based service that has since
been completed. Accordingly, these
provisions, 47 CFR 90.699(a)–(c), (e)–(f),
are without current legal effect and are
deleted as obsolete.
III. Ordering Clauses
■
A. Accessible Formats
5. To request materials in accessible
formats for people with disabilities
10. Accordingly, it is ordered that,
effective upon publication in the
Federal Register, Parts 12 and 90 of the
[FR Doc. 2012–11781 Filed 5–15–12; 8:45 am]
VerDate Mar<15>2010
15:22 May 15, 2012
Jkt 226001
B. Paperwork Reduction Act Analysis
6. The rules contained herein have
been analyzed with respect to the
Paperwork Reduction Act of 1995 and
found to contain no new or modified
form, information collection, and/or
recordkeeping, labeling, disclosure, or
record retention requirements, and will
not increase or decrease burden hours
imposed on the public. In addition,
therefore, this Order does not contain
any new or modified ‘‘information
collection burden for small business
concerns with fewer than 25
employees,’’ pursuant to the Small
Business Paperwork Relief Act of 2002,
Public Law 107–198.
C. Congressional Review Act
7. The Commission will send a copy
of this Order in a report to be sent to
Congress and the Government
Accountability Office pursuant to the
Congressional Review Act (‘‘CRA’’), see
5 U.S.C. 801(a)(1)(A).
D. Effective Date of Rule
II. Final Regulatory Flexibility Analysis
9. Because this Order is being adopted
without notice and comment, the
Regulatory Flexibility Act, 5 U.S.C. 601
et seq., does not apply.
Frm 00036
Fmt 4700
Sfmt 9990
Communications, Communications
common carriers, Communications
equipment, Radio, Telecommunications,
Telephone, Television.
Federal Communications Commission.
Thomas J. Beers,
Division Chief.
For the reasons discussed in the
preamble, the Federal Communications
Commission amends 47 CFR parts 12
and 90 to read as follows:
PART 12—REDUNDANCY OF
COMMUNICATIONS SYSTEMS
1. The authority citation for part 12
continues to read as follows:
■
8. The rule amendments adopted in
this Order and set forth in the attached
Appendix are ministerial,
nonsubstantive, editorial revisions of
the rules under 47 CFR 0.231(b) and
0.392(e). The revisions adopted in this
Order merely delete obsolete rule
provisions and the Bureau and OMD
find good cause to conclude that notice
and comment procedures are
unnecessary and would not serve any
useful purpose. See 5 U.S.C.
553(b)(3)(B). Because the rules being
deleted are obsolete and without current
legal effect, the Bureau and OMD also
find good cause to make these
nonsubstantive, editorial revisions of
the rules effective upon publication in
the Federal Register. See 5 U.S.C.
553(d)(3).
PO 00000
List of Subjects in 47 CFR Parts 12 and
90
Authority: Sections 1, 4(i), 4(j), 4(o), 5(c),
218, 219, 301, 303(g), 303(j), 303(r), 332, 403,
621(b)(3), and 621(d) of the Communications
Act of 1934, as amended, 47 U.S.C. 151,
154(i), 154(j), 154(o), 155(c), 218, 219, 301,
303(g), 303(j), 303(r), 332, 403, 621(b)(3), and
621(d), unless otherwise noted.
§ 12.2
■
[Removed]
2. Remove § 12.2.
PART 90—PRIVATE LAND MOBILE
RADIO SERVICES
3. The authority citation for Part 90
continues to read as follows:
■
Authority: Sections 4(i), 11, 303(g), 303(r),
and 332(c)(7) of the Communications Act of
1934, as amended, 47 U.S.C. 154(i), 161,
303(g), 303(r), and 332(c)(7).
§ 90.621
[Amended]
4. In § 90.621, remove and reserve
paragraphs (d) and (h).
■
§ 90.699
[Amended]
5. In § 90.699, remove and reserve
paragraphs (a) through (c), (e) and (f).
BILLING CODE 6712–01–P
E:\FR\FM\16MYR1.SGM
16MYR1
Agencies
[Federal Register Volume 77, Number 95 (Wednesday, May 16, 2012)]
[Rules and Regulations]
[Pages 28797-28798]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-11781]
=======================================================================
-----------------------------------------------------------------------
FEDERAL COMMUNICATIONS COMMISSION
47 CFR Parts 12 and 90
[DA 11-1838]
Redundancy of Communications Systems: Backup Power Private Land
Mobile Radio Services: Selection and Assignment of Frequencies, and
Transition of the Upper 200 Channels in the 800 MHz Band to EA
Licensing
AGENCY: Federal Communications Commission.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: In this document the Federal Communications Commission's
(Commission) Public Safety and Homeland Security Bureau (Bureau) and
Office of Managing Director (OMD) make nonsubstantive, editorial
revisions to the Commission's rules. The Bureau and OMD make these
revisions to delete certain rule provisions that are without current
legal effect and obsolete. These nonsubstantive revisions are part of
the Commission's ongoing examination and improvement of its processes
and procedures. The revisions and the specific reasons for each one are
set forth below.
DATES: Effective May 16, 2012.
FOR FURTHER INFORMATION CONTACT: Eric Ehrenreich, Policy and Licensing
Division, Public Safety and Homeland Security Bureau, at (202) 418-
1726, or by email at Eric.Ehrenreich@fcc.gov.
SUPPLEMENTARY INFORMATION: This is a summary of the Bureau and OMD's
Order, DA 11-1838, adopted and released on November 1, 2011. The full
[[Page 28798]]
text of this document is available for inspection and copying during
normal business hours in the FCC Reference Center (Room CY-A257), 445
12th Street SW., Washington, DC 20554. The complete text of this
document also may be purchased from the Commission's copy contractor,
Best Copy and Printing, Inc., 445 12th Street SW., Room, CY-B402,
Washington, DC 20554. The full text may also be downloaded at:
www.fcc.gov.
1. This Order deletes a rule setting forth backup power
requirements for communications providers. This rule never took effect
and ultimately was vacated in its entirety by the U.S. Court of Appeals
for the District of Columbia (DC Circuit). The rule, 47 CFR 12.2, is
therefore without current legal effect and is deleted as obsolete.
2. This Order also deletes a rule providing that UHF television
translators on Channels 70 to 83 must operate on a secondary basis to
land mobile operations in the 800 MHz band and will not be protected
from such operations. There are no UHF television translators operating
on Channels 70 to 83, and the Commission has eliminated the TV
allocation from these channels. Accordingly, this rule provision, 47
CFR 90.621(d), is without current legal effect and is deleted as
obsolete.
3. This Order also deletes a provision that allocates specified
channels for Basic Exchange Telecommunication Radio Service (BETRS) but
expressly cautions that a pending FCC proposal could remove this
allocation from these channels. The Commission removed the allocation
in 2005. Accordingly, this provision, 47 CFR 90.621(h), is without
current legal effect and is deleted as obsolete.
4. This Order also deletes rule provisions that provided a
framework for the relocation of incumbent site-based licensees in the
upper 200 channels of the 800 MHz Band by incoming geographically-based
(EA) licensees. These provisions were a component of the 1995
reconfiguration of the 800 MHz band from site-based to geographic-based
service that has since been completed. Accordingly, these provisions,
47 CFR 90.699(a)-(c), (e)-(f), are without current legal effect and are
deleted as obsolete.
I. Procedural Matters
A. Accessible Formats
5. To request materials in accessible formats for people with
disabilities (Braille, large print, electronic files, audio format),
send an email to fcc504@fcc.gov or call the Consumer & Governmental
Affairs Bureau at 202-418-0530 (voice), 202-418-0432 (TTY).
B. Paperwork Reduction Act Analysis
6. The rules contained herein have been analyzed with respect to
the Paperwork Reduction Act of 1995 and found to contain no new or
modified form, information collection, and/or recordkeeping, labeling,
disclosure, or record retention requirements, and will not increase or
decrease burden hours imposed on the public. In addition, therefore,
this Order does not contain any new or modified ``information
collection burden for small business concerns with fewer than 25
employees,'' pursuant to the Small Business Paperwork Relief Act of
2002, Public Law 107-198.
C. Congressional Review Act
7. The Commission will send a copy of this Order in a report to be
sent to Congress and the Government Accountability Office pursuant to
the Congressional Review Act (``CRA''), see 5 U.S.C. 801(a)(1)(A).
D. Effective Date of Rule
8. The rule amendments adopted in this Order and set forth in the
attached Appendix are ministerial, nonsubstantive, editorial revisions
of the rules under 47 CFR 0.231(b) and 0.392(e). The revisions adopted
in this Order merely delete obsolete rule provisions and the Bureau and
OMD find good cause to conclude that notice and comment procedures are
unnecessary and would not serve any useful purpose. See 5 U.S.C.
553(b)(3)(B). Because the rules being deleted are obsolete and without
current legal effect, the Bureau and OMD also find good cause to make
these nonsubstantive, editorial revisions of the rules effective upon
publication in the Federal Register. See 5 U.S.C. 553(d)(3).
II. Final Regulatory Flexibility Analysis
9. Because this Order is being adopted without notice and comment,
the Regulatory Flexibility Act, 5 U.S.C. 601 et seq., does not apply.
III. Ordering Clauses
10. Accordingly, it is ordered that, effective upon publication in
the Federal Register, Parts 12 and 90 of the Commission's rules are
amended, as set forth, pursuant to the authority contained in sections
4(i), 5(c) and 303(r) of the Communications Act, 47 U.S.C. 154(i),
155(c) and 303(r), and Sec. Sec. 0.231(b) and 0.392(e) of the
Commission's regulations, 47 CFR 0.231(b) and 0.392(e).
11. It is further ordered that the Secretary shall cause a copy of
this Order to be published in the Federal Register.
List of Subjects in 47 CFR Parts 12 and 90
Communications, Communications common carriers, Communications
equipment, Radio, Telecommunications, Telephone, Television.
Federal Communications Commission.
Thomas J. Beers,
Division Chief.
For the reasons discussed in the preamble, the Federal
Communications Commission amends 47 CFR parts 12 and 90 to read as
follows:
PART 12--REDUNDANCY OF COMMUNICATIONS SYSTEMS
0
1. The authority citation for part 12 continues to read as follows:
Authority: Sections 1, 4(i), 4(j), 4(o), 5(c), 218, 219, 301,
303(g), 303(j), 303(r), 332, 403, 621(b)(3), and 621(d) of the
Communications Act of 1934, as amended, 47 U.S.C. 151, 154(i),
154(j), 154(o), 155(c), 218, 219, 301, 303(g), 303(j), 303(r), 332,
403, 621(b)(3), and 621(d), unless otherwise noted.
Sec. 12.2 [Removed]
0
2. Remove Sec. 12.2.
PART 90--PRIVATE LAND MOBILE RADIO SERVICES
0
3. The authority citation for Part 90 continues to read as follows:
Authority: Sections 4(i), 11, 303(g), 303(r), and 332(c)(7) of
the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 161,
303(g), 303(r), and 332(c)(7).
Sec. 90.621 [Amended]
0
4. In Sec. 90.621, remove and reserve paragraphs (d) and (h).
Sec. 90.699 [Amended]
0
5. In Sec. 90.699, remove and reserve paragraphs (a) through (c), (e)
and (f).
[FR Doc. 2012-11781 Filed 5-15-12; 8:45 am]
BILLING CODE 6712-01-P