Updating Competitive Bidding Rules, 3729-3730 [2016-01185]

Download as PDF mstockstill on DSK4VPTVN1PROD with RULES Federal Register / Vol. 81, No. 14 / Friday, January 22, 2016 / Rules and Regulations report settlement; and receipt of total outlier payments exceeding $500,000 during the cost reporting period. We identified approximately 50 hospitals that we determined likely to meet these criteria in FY 2004, and we specially calculated cost-to-charge ratios for those hospitals as explained previously and in the FY 2004 IPPS final rule, so that our payment simulations would represent our best approximation of the final amount of outlier payments after reconciliation had been completed. We did not expect that all of the 123 hospitals discussed in the March 2003 proposed rule would be likely to meet the criteria for reconciliation, and so we did not make this same adjustment with respect to all of those 123 hospitals. The court rulings also called for an explanation of other steps taken to account for any ‘‘distorting effect’’ associated with the 123 hospitals discussed in the March 2003 proposed rule. As we explained previously, our payment simulations employed cost-tocharge ratios calculated from recent data for all hospitals, including the 123 hospitals, and did not employ cost-tocharge ratios drawn from older historical data. That reduced any reason for concern that cost-to-charge ratios drawn from older historical data for the 123 hospitals would not reliably approximate the cost-to-charge ratios that would be used to pay FY 2004 claims for those 123 hospitals. We also anticipated that implementation of the June 2003 outlier final rule would curb the turbocharging practices that had caused rapid increases in charges in previous years; and therefore, we saw no reason to further adjust our payment simulations to account for future turbocharging by the 123 hospitals. Therefore, we did not apply any additional adjustments focused on the 123 hospitals that had been discussed in the March 2003 proposed rule, beyond the adjustments we have already discussed. The court rulings also stated that we should explain further why we did not exclude the 123 identified turbo charging hospitals from the charge inflation calculation for FY 2004. We simply did not have strong reason to believe that excluding the 123 hospitals from the charge inflation calculation, or from other parts of the fixed loss outlier threshold calculation, would improve our projections. When we simulate payments for purposes of calculating the fixed loss outlier threshold, we use MedPAR data from an earlier period to produce a simulated set of claims for the period for which we are calculating the fixed loss outlier threshold. For the FY 2004 final VerDate Sep<11>2014 16:27 Jan 21, 2016 Jkt 238001 rule, we used cases from the FY 2002 MedPAR file to simulate FY 2004 cases. We applied a charge inflation factor to account for growth in hospital charges between the period covered by the MedPAR data and the period for which we are calculating the fixed loss outlier threshold. In this instance, the charge inflation factor was intended to account for growth in hospital charges over the 2-year period between FY 2002 and FY 2004. We estimated charge growth over this period based on actual charge growth over an earlier 2-year period, FY 2000 to FY 2002. More specifically, our estimate of charge inflation was based on the 2-year average annual rate of change in charges per case from FY 2000 to FY 2001 and from FY 2001 to FY 2002 (12.5978 percent annually, or 26.8 percent over 2 years). Although we expected the June 2003 outlier final rule to curb turbocharging, which would affect the rate of charge growth after the rule became effective, we believed that past charge growth would still be a satisfactory basis for estimating more recent charge growth, for the 123 hospitals as well as for other hospitals. The outlier final rule was in effect for only part of the interval that our charge inflation estimate was intended to reflect. The outlier final rule went into effect only in part for the last 2 months of FY 2003, and went into effect in full only at the beginning of FY 2004. We had no strong reason to expect that excluding the 123 hospitals from our charge inflation calculations, or from other parts of our simulations, would improve our simulations in a way that would bring outlier payments closer to our target of 5.1 percent of operating DRG payments. The 123 hospitals were not excluded from claiming outlier payments in FY 2004, so excluding them from our simulations would have introduced a different form of distortion into our simulations, by causing the simulations to disregard the impact of those hospitals. While excluding the 123 hospitals might produce a lower estimate of charge inflation, a lower estimate is not necessarily a better estimate. A charge inflation estimate that is too low could lead to a fixed loss outlier threshold that produces outlier payments farther from, instead of closer to, the target of 5.1 percent of operating DRG payments. Finally, the court rulings state that if we decide to recalculate the FY 2004 fixed loss outlier threshold, we should also address any effect that recalculation has on the FY 2005 and FY 2006 outlier and fixed-loss thresholds. We are not recalculating the FY 2004 fixed-loss threshold. We also note that the fixed PO 00000 Frm 00031 Fmt 4700 Sfmt 4700 3729 loss outlier thresholds are set based on new calculations each year without reference to the previous year’s threshold; even if the FY 2004 threshold had been reset, there would be no reason to revisit the FY 2005 or FY 2006 calculation. III. Collection of Information Requirements This document does not impose information collection requirements, that is, reporting, recordkeeping or third-party disclosure requirements. Consequently, there is no need for review by the Office of Management and Budget under the authority of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.). Dated: January 4, 2016. Andrew M. Slavitt, Acting Administrator, Centers for Medicare & Medicaid Services. Approved: January 15, 2016. Sylvia M. Burwell, Secretary, Department of Health and Human Services. [FR Doc. 2016–01309 Filed 1–21–16; 8:45 am] BILLING CODE 4120–01–P FEDERAL COMMUNICATIONS COMMISSION 47 CFR Part 1 [GN Docket No. 12–268, WT Docket Nos. 14–70, 05–211, RM–11395; FCC 15–80] Updating Competitive Bidding Rules Federal Communications Commission. ACTION: Final rule; announcement of effective date. AGENCY: In this document, the Commission announces that the Office of Management and Budget (OMB) approved, on an emergency basis, a revision to an approved information collection to implement modified and new collection requirements on FCC Form 175, Application to Participate in an FCC Auction, contained in the Part 1 Report and Order, Updating Competitive Bidding Rules, FCC 15–80. This document is consistent with the Part 1 Report and Order, which stated that the Commission would publish a document in the Federal Register announcing OMB approval and the effective date of the rules and requirements. DATES: 47 CFR 1.2105(a)(2), 1.2105(a)(2)(iii)–(vi), (a)(2)(viii)–(x), (a)(2)(xii), 1.2105(c)(3), and 1.2112(b)(1)(iii)–(vi), published at 80 FR 56764 on September 18, 2015, and SUMMARY: E:\FR\FM\22JAR1.SGM 22JAR1 3730 Federal Register / Vol. 81, No. 14 / Friday, January 22, 2016 / Rules and Regulations revised FCC Form 175, are effective on January 22, 2016. OMB approved the information collection requirements in 47 CFR 1.2105(c)(3), 1.2110(b)(1), and 1.2112(b) on January 14, 2016. FOR FURTHER INFORMATION CONTACT: Contact Cathy Williams, Cathy.Williams@fcc.gov, (202) 418– 2918. This document announces that, on January 14, 2016, OMB approved, on an emergency basis, a revision to an approved information collection to implement modified and new collection requirements on FCC Form 175, Application to Participate in an FCC Auction, and under 47 CFR 1.2105(a)(2), 1.2105(a)(2)(iii)–(vi), (a)(2)(viii)–(x), (a)(2)(xii), 1.2105(a)(3), 1.2105(c)(3), 1.2110(b)(1), 1.2112(b), and 1.2112(b)(1)(iii)–(vi), published at 80 FR 56764 on September 18, 2015. The OMB Control Number is 3060–0600. The Commission publishes this document as an announcement of the effective date of the rules and requirements. If you have any comments on the burden estimates listed below, or how the Commission can improve the collections and reduce any burdens caused thereby, please contact Cathy Williams, Federal Communications Commission, Room 1– C823, 445 12th Street SW., Washington, DC 20554. Please include the OMB Control Number, 3060–0600, in your correspondence. The Commission will also accept your comments via the Internet if you send them to PRA@fcc.gov. 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 and Governmental Affairs Bureau at (202) 418–0530 (voice), (202) 418–0432 (TTY). mstockstill on DSK4VPTVN1PROD with RULES SUPPLEMENTARY INFORMATION: Synopsis As required by the Paperwork Reduction Act of 1995 (44 U.S.C. 3507), the Commission is notifying the public that it received emergency approval from OMB on January 14, 2016 for the revised information collection requirements contained in the information collection 3060–0600, Application to Participate in an FCC Auction. Under 5 CFR part 1320, an agency may not conduct or sponsor a collection of information unless it displays a current, valid OMB Control Number. No person shall be subject to any penalty for failing to comply with a collection of information subject to the Paperwork Reduction Act that does not VerDate Sep<11>2014 16:27 Jan 21, 2016 Jkt 238001 display a current, valid OMB Control Number. The OMB Control Number is 3060–0600. The foregoing document is required by the Paperwork Reduction Act of 1995, Public Law 104–13, October 1, 1995, and 44 U.S.C. 3507. The total annual reporting burdens and costs for the respondents are as follows: OMB Control Number: 3060–0600. OMB Approval Date: January 14, 2016. OMB Expiration Date: July 31, 2016. Title: Application to Participate in an FCC Auction. Form No.: FCC Form 175. Respondents: Business or other forprofit entities; Not-for-profit institutions; State, local or Tribal government. Number of Respondents and Responses: 500 respondents; 500 responses. Estimated Time per response: 90 minutes. Frequency of Response: On-occasion reporting requirement. Obligation to Respond: Required to obtain or retain benefits. The statutory authority for this information collection is contained in sections 154(i) and 309(j)(5) of the Communications Act of 1934, as amended, 47 U.S.C. 4(i), 309(j)(5), and sections 1.2105, 1.2110, 1.2112 of the Commission’s rules, 47 CFR 1.2105, 1.2110, 1.2112. Total Annual Burden: 750 hours. Total Annual Cost: None. Privacy Act Impact Assessment: No impact(s). Nature and Extent of Confidentiality: Information collected on FCC Form 175 is made available for public inspection. To the extent that a respondent seeks to have certain information collected on FCC Form 175 withheld from public inspection, the respondent may request confidential treatment of such information pursuant to section 0.459 of the Commission’s rules, 47 CFR 0.459. Needs and Uses: In the Part 1 Report and Order, the Commission updated many of its Part 1 competitive bidding rules. The updated Part 1 rules apply to applicants seeking to participate in future non-reverse auctions for Commission licenses and permits, including the forward auction component of the Commission’s upcoming television broadcast incentive auction (BIA). The revised information collection on FCC Form 175 implements the modified and new collection requirements contained in sections 1.2105(a)(2), 1.2105(a)(2)(iii)–(vi), (a)(2)(viii)–(x), (a)(2)(xii), 1.2105(a)(3), 1.2105(c)(3), 1.2110(b)(1), 1.2112(b), and 1.2112(b)(1)(iii)–(vi) of the Commission’s rules, as adopted in the PO 00000 Frm 00032 Fmt 4700 Sfmt 4700 Part 1 Report and Order. The information collected on the revised FCC Form 175 will be used by the Commission to determine if an applicant is legally, technically, and financially qualified to participate in a non-reverse Commission auction for Commission licenses and permits, including the forward component of the BIA. Commission staff will review the information collected on FCC Form 175 for a particular auction as part of the pre-auction process, prior to the auction being held. Staff will determine whether each applicant satisfies the Commission’s requirements to participate in the auction and, if an applicant claims status as a particular type of auction participant, whether that applicant is eligible for the status claimed. This approach provides an appropriate screen to ensure serious participation and deter possible abuse of the bidding process without being unduly burdensome. Federal Communications Commission. Marlene H. Dortch, Secretary, Office of the Secretary. [FR Doc. 2016–01185 Filed 1–21–16; 8:45 am] BILLING CODE 6712–01–P GENERAL SERVICES ADMINISTRATION 48 CFR Parts 504 and 552 [GSAR–TA–01; Docket No. 2015–0016; Sequence No. 1] General Services Administration Acquisition Regulation (GSAR); Technical Amendments; Corrections Office of Acquisition Policy, General Services Administration (GSA). ACTION: Correcting amendments. AGENCY: GSA published a technical amendment document, GSAR–TA–01, which was published in the Federal Register on Wednesday, January 13, 2016 at 81 FR 1531, to make editorial changes. That document inadvertently failed to update a subpart heading and a clause heading. This document corrects the final regulation by revising the subpart. DATES: Effective: January 22, 2016. FOR FURTHER INFORMATION CONTACT: Ms. Leah Price, Procurement Analyst, by phone at 703–605–2558, or email at leah.price@gsa.gov for clarification of content. For information pertaining to the status or publication schedules, contact the Regulatory Secretariat Division at 202–501–4755. Please cite GSAR–TA–01; Technical Amendments; Corrections. SUMMARY: E:\FR\FM\22JAR1.SGM 22JAR1

Agencies

[Federal Register Volume 81, Number 14 (Friday, January 22, 2016)]
[Rules and Regulations]
[Pages 3729-3730]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-01185]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 1

[GN Docket No. 12-268, WT Docket Nos. 14-70, 05-211, RM-11395; FCC 15-
80]


Updating Competitive Bidding Rules

AGENCY: Federal Communications Commission.

ACTION: Final rule; announcement of effective date.

-----------------------------------------------------------------------

SUMMARY: In this document, the Commission announces that the Office of 
Management and Budget (OMB) approved, on an emergency basis, a revision 
to an approved information collection to implement modified and new 
collection requirements on FCC Form 175, Application to Participate in 
an FCC Auction, contained in the Part 1 Report and Order, Updating 
Competitive Bidding Rules, FCC 15-80. This document is consistent with 
the Part 1 Report and Order, which stated that the Commission would 
publish a document in the Federal Register announcing OMB approval and 
the effective date of the rules and requirements.

DATES: 47 CFR 1.2105(a)(2), 1.2105(a)(2)(iii)-(vi), (a)(2)(viii)-(x), 
(a)(2)(xii), 1.2105(c)(3), and 1.2112(b)(1)(iii)-(vi), published at 80 
FR 56764 on September 18, 2015, and

[[Page 3730]]

revised FCC Form 175, are effective on January 22, 2016. OMB approved 
the information collection requirements in 47 CFR 1.2105(c)(3), 
1.2110(b)(1), and 1.2112(b) on January 14, 2016.

FOR FURTHER INFORMATION CONTACT: Contact Cathy Williams, 
Cathy.Williams@fcc.gov, (202) 418-2918.

SUPPLEMENTARY INFORMATION: This document announces that, on January 14, 
2016, OMB approved, on an emergency basis, a revision to an approved 
information collection to implement modified and new collection 
requirements on FCC Form 175, Application to Participate in an FCC 
Auction, and under 47 CFR 1.2105(a)(2), 1.2105(a)(2)(iii)-(vi), 
(a)(2)(viii)-(x), (a)(2)(xii), 1.2105(a)(3), 1.2105(c)(3), 
1.2110(b)(1), 1.2112(b), and 1.2112(b)(1)(iii)-(vi), published at 80 FR 
56764 on September 18, 2015. The OMB Control Number is 3060-0600. The 
Commission publishes this document as an announcement of the effective 
date of the rules and requirements. If you have any comments on the 
burden estimates listed below, or how the Commission can improve the 
collections and reduce any burdens caused thereby, please contact Cathy 
Williams, Federal Communications Commission, Room 1-C823, 445 12th 
Street SW., Washington, DC 20554. Please include the OMB Control 
Number, 3060-0600, in your correspondence. The Commission will also 
accept your comments via the Internet if you send them to PRA@fcc.gov.
    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 and Governmental 
Affairs Bureau at (202) 418-0530 (voice), (202) 418-0432 (TTY).

Synopsis

    As required by the Paperwork Reduction Act of 1995 (44 U.S.C. 
3507), the Commission is notifying the public that it received 
emergency approval from OMB on January 14, 2016 for the revised 
information collection requirements contained in the information 
collection 3060-0600, Application to Participate in an FCC Auction.
    Under 5 CFR part 1320, an agency may not conduct or sponsor a 
collection of information unless it displays a current, valid OMB 
Control Number.
    No person shall be subject to any penalty for failing to comply 
with a collection of information subject to the Paperwork Reduction Act 
that does not display a current, valid OMB Control Number. The OMB 
Control Number is 3060-0600. The foregoing document is required by the 
Paperwork Reduction Act of 1995, Public Law 104-13, October 1, 1995, 
and 44 U.S.C. 3507.
    The total annual reporting burdens and costs for the respondents 
are as follows:
    OMB Control Number: 3060-0600.
    OMB Approval Date: January 14, 2016.
    OMB Expiration Date: July 31, 2016.
    Title: Application to Participate in an FCC Auction.
    Form No.: FCC Form 175.
    Respondents: Business or other for-profit entities; Not-for-profit 
institutions; State, local or Tribal government.
    Number of Respondents and Responses: 500 respondents; 500 
responses.
    Estimated Time per response: 90 minutes.
    Frequency of Response: On-occasion reporting requirement.
    Obligation to Respond: Required to obtain or retain benefits. The 
statutory authority for this information collection is contained in 
sections 154(i) and 309(j)(5) of the Communications Act of 1934, as 
amended, 47 U.S.C. 4(i), 309(j)(5), and sections 1.2105, 1.2110, 1.2112 
of the Commission's rules, 47 CFR 1.2105, 1.2110, 1.2112.
    Total Annual Burden: 750 hours.
    Total Annual Cost: None.
    Privacy Act Impact Assessment: No impact(s).
    Nature and Extent of Confidentiality: Information collected on FCC 
Form 175 is made available for public inspection. To the extent that a 
respondent seeks to have certain information collected on FCC Form 175 
withheld from public inspection, the respondent may request 
confidential treatment of such information pursuant to section 0.459 of 
the Commission's rules, 47 CFR 0.459.
    Needs and Uses: In the Part 1 Report and Order, the Commission 
updated many of its Part 1 competitive bidding rules. The updated Part 
1 rules apply to applicants seeking to participate in future non-
reverse auctions for Commission licenses and permits, including the 
forward auction component of the Commission's upcoming television 
broadcast incentive auction (BIA). The revised information collection 
on FCC Form 175 implements the modified and new collection requirements 
contained in sections 1.2105(a)(2), 1.2105(a)(2)(iii)-(vi), 
(a)(2)(viii)-(x), (a)(2)(xii), 1.2105(a)(3), 1.2105(c)(3), 
1.2110(b)(1), 1.2112(b), and 1.2112(b)(1)(iii)-(vi) of the Commission's 
rules, as adopted in the Part 1 Report and Order. The information 
collected on the revised FCC Form 175 will be used by the Commission to 
determine if an applicant is legally, technically, and financially 
qualified to participate in a non-reverse Commission auction for 
Commission licenses and permits, including the forward component of the 
BIA. Commission staff will review the information collected on FCC Form 
175 for a particular auction as part of the pre-auction process, prior 
to the auction being held. Staff will determine whether each applicant 
satisfies the Commission's requirements to participate in the auction 
and, if an applicant claims status as a particular type of auction 
participant, whether that applicant is eligible for the status claimed. 
This approach provides an appropriate screen to ensure serious 
participation and deter possible abuse of the bidding process without 
being unduly burdensome.

Federal Communications Commission.
Marlene H. Dortch,
Secretary, Office of the Secretary.
[FR Doc. 2016-01185 Filed 1-21-16; 8:45 am]
 BILLING CODE 6712-01-P
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