Rural Health Care Support Mechanism, 28244-28245 [2017-12879]

Download as PDF 28244 Federal Register / Vol. 82, No. 118 / Wednesday, June 21, 2017 / Rules and Regulations oversubscribed, and (4) the preliminary calculation of the unit’s first-round 2017 NUSA allowance allocation. Each state worksheet also contains a summary showing (1) the quantity of allowances initially available in that state’s 2017 NUSA, (2) the sum of the first-round 2017 NUSA allowance allocations that will be made to new units in that state, assuming there are no corrections to the data, and (3) the quantity of allowances that would remain in the 2017 NUSA for use in second-round allocations to new units (or ultimately for allocation to existing units), again assuming there are no corrections to the data. Objections should be strictly limited to the data and calculations upon which the NUSA allowance allocations are based and should be emailed to the address identified in ADDRESSES. Objections must include: (1) Precise identification of the specific data and/or calculations the commenter believes are inaccurate, (2) new proposed data and/ or calculations upon which the commenter believes EPA should rely instead to determine allowance allocations, and (3) the reasons why EPA should rely on the commenter’s proposed data and/or calculations and not the data referenced in this notice. EPA notes that an allocation or lack of allocation of allowances to a given unit does not constitute a determination that CSAPR does or does not apply to the unit. EPA also notes that allocations are subject to potential correction. Authority: 40 CFR 97.411(b), 97.511(b), 97.611(b), 97.711(b), and 97.811(b). Dated: May 22, 2017. Richard A. Haeuber, Acting Director, Clean Air Markets Division, Office of Atmospheric Programs, Office of Air and Radiation. [FR Doc. 2017–12967 Filed 6–20–17; 8:45 am] BILLING CODE 6560–50–P FEDERAL COMMUNICATIONS COMMISSION 47 CFR Part 54 [WC Docket No. 02–60; FCC 17–71] Rural Health Care Support Mechanism Federal Communications Commission. ACTION: Final rule. asabaliauskas on DSKBBXCHB2PROD with RULES AGENCY: In this document, the Federal Communications Commission (Commission) amends the Rural Health Care (RHC) Program rule which defines ‘‘health care provider’’ to implement the provision of the Rural Healthcare SUMMARY: VerDate Sep<11>2014 17:29 Jun 20, 2017 Jkt 241001 Connectivity Act of 2016 amending the Communications Act of 1934 (the Act) to include skilled nursing facilities (SNFs) amongst the list of health care providers eligible to receive support. DATES: Effective June 21, 2017. FOR FURTHER INFORMATION CONTACT: Regina Brown, regina.brown@fcc.gov, Telecommunications Access Policy Division, Wireline Competition Bureau, (202) 418–0792 or TTY: (202) 418–0484. SUPPLEMENTARY INFORMATION: This is a summary of the Commission’s Memorandum Opinion and Order (MO&O) in WC Docket No. 02–60; FCC 17–71, adopted on June 7, 2017, and released on June 8, 2017. The full text of this document is available for public inspection during regular business hours in the FCC Reference Center, Room CY–A257, 445 12th Street SW., Washington, DC 20554, or at the following Internet address: https:// apps.fcc.gov/edocs_public/attachmatch/ FCC-17-71A1.pdf. I. Discussion 1. In this MO&O, we implement the Rural Healthcare Connectivity Act of 2016, which amends section 254(h)(7)(B) of the Act, to include SNFs amongst the list of health care providers eligible to receive RHC Program support. Specifically, we amend § 54.600(a) of the Commission’s rules defining ‘‘health care provider’’ under the RHC Program to include SNFs as eligible health care providers. 2. In the 1996 Act, Congress limited the types of health care providers eligible to receive support. SNFs were not included as an eligible entity type. Following the 1996 Act, the Commission established the RHC Program implementing the provisions of the 1996 Act and adopting rules for the program, including § 54.600(a) of the Commission’s rules, which defines ‘‘health care provider[s]’’ supported under our RHC support programs in a manner that mirrored the terms of section 254(h)(7)(B) of the Act. This definition did not include SNFs. 3. On June 22, 2016, the President signed legislation that included SNFs amongst the list of health care providers eligible to receive RHC Program support. We interpret this law as directing the Commission to include SNFs in all programs for which health care providers are otherwise eligible and therefore amend § 54.600(a) of the Commission’s rules defining ‘‘health care provider’’ under the RHC Program to mirror the current statutory definition in 47 U.S.C. 254(h)(7)(B). We find that a notice and comment rule making proceeding in this matter is unnecessary PO 00000 Frm 00012 Fmt 4700 Sfmt 4700 because the rule modification flows from the direction provided in the Rural Healthcare Connectivity Act of 2016 to include SNFs within the existing RHC Program. Section 1.412(c) of the Commission’s rules provides that rule changes may be adopted without prior notice where the Commission for good cause finds that notice and comment procedures are unnecessary, so long as the basis for the good cause finding is published with the rule changes. The final rule adopted in this MO&O does not involve discretionary action on our part, but rather simply effectuates the Act according to the specific terms set forth in the legislation, which became effective on December 19, 2016. Accordingly, we conclude that this change constitutes a ministerial, noncontroversial amendment to our rules and thus this action falls within the ‘‘good cause’’ exception of the Administrative Procedure Act. We therefore forgo notice and comment in this limited context. 4. We also find good cause to make this rule change effective upon publication in the Federal Register. Specifically, making this rule change effective upon publication in the Federal Register enables SNFs to benefit expeditiously, consistent with Congress’s goal of including SNFs as an eligible health care provider type under the RHC Program. No additional time is needed for affected parties to prepare for the rule’s effectiveness because Commission staff, USAC, and interested parties have already had a chance to do so; the associated RHC Program application forms incorporating SNFs into the RHC Program have already been prepared, put out for notice and comment, and approved. Additionally, while the rule change enables SNFs to benefit from the RHC Program, it does not immediately oblige them to take any particular action unless they choose to do so. Thus, we find good cause to make this rule change effective upon publication in the Federal Register. II. Procedural Matters A. Paperwork Reduction Act Analysis 2. Because approval has already been obtained for the addition of SNFs to the category of eligible health care providers pursuant to the Paperwork Reduction Act of 1995 (PRA), Public Law 104–13, this document does not contain any new or modified information collection requirements subject to PRA. In addition, therefore, it does not contain any new or modified information collection burden for small business concerns with fewer than 25 employees, pursuant to the Small Business E:\FR\FM\21JNR1.SGM 21JNR1 28245 Federal Register / Vol. 82, No. 118 / Wednesday, June 21, 2017 / Rules and Regulations Paperwork Relief Act of 2002, Public Law 107–198, see 44 U.S.C. 3506(c)(4). B. Final Regulatory Flexibility Act Certification 3. The Regulatory Flexibility Act of 1980, as amended (RFA) requires that a regulatory flexibility analysis be prepared for rulemaking proceedings, unless the agency certifies that ‘‘the rule will not have a significant economic impact on a substantial number of small entities.’’ The RFA generally defines ‘‘small entity’’ as having the same meaning as the terms ‘‘small business,’’ ‘‘small organization,’’ and ‘‘small governmental jurisdiction.’’ In addition, the term ‘‘small business’’ has the same meaning as the term ‘‘small business concern’’ under the Small Business Act. A small business concern is one which: (1) Is independently owned and operated; (2) is not dominant in its field of operation; and (3) satisfies any additional criteria established by the Small Business Administration (SBA). Because the implementation of this provision entails no exercise of our administrative discretion, notice and comment procedures are unnecessary and, therefore, the Final RFA does not apply. C. Congressional Review Act PART 54—UNIVERSAL SERVICE 1. The authority citation for part 54 continues to read as follows: ■ Authority: 47 U.S.C. 151, 154(i), 201, 205, 214, and 254 unless otherwise noted. 2. Amend § 54.600 by revising paragraph (a)(6), redesignating paragraph (a)(7) as (a)(8), adding new paragraph (a)(7), and revising newly redesignated paragraph (a)(8) to read as follows: ■ § 54.600 Terms and definitions. * * * * * (a) * * * (6) Rural health clinic; (7) Skilled nursing facility; or (8) Consortium of health care providers consisting of one or more entities described in paragraphs (a)(1) through (7) of this section. * * * * * PART 101—FIXED MICROWAVE SERVICES 47 CFR Part 101 ■ [WT Docket No. 09–114; RM–11417; FCC 10–109] AGENCY: asabaliauskas on DSKBBXCHB2PROD with RULES For the reasons discussed in the preamble, the Federal Communications Commission amends 47 CFR part 54 as follows: VerDate Sep<11>2014 17:29 Jun 20, 2017 Jkt 241001 Federal Communications Commission. Marlene H. Dortch, Secretary. FEDERAL COMMUNICATIONS COMMISSION III. Ordering Clauses Final Rule Communications equipment, Radio, Reporting and recordkeeping requirements. Accordingly, 47 CFR part 101 is corrected by making the following correcting amendments: 4. The Commission will send a copy of this MO&O to Congress and the Government Accountability Office, pursuant to the Congressional Review Act, see 5 U.S.C. 801(a)(1)(A). Federal Communications Commission. Marlene H. Dortch, Secretary. List of Subjects in 47 CFR Part 101 BILLING CODE 6712–01–P [FR Doc. 2017–12879 Filed 6–20–17; 8:45 am] Amendment of the Commission’s Rules To Accommodate 30 Megahertz Channels in the 6525–6875 MHz Band; and To Provide for Conditional Authorization on Additional Channels in the 21.8–22.0 GHz and 23.0–23.2 GHz Band 5. Accordingly, it is ordered that, pursuant to sections 1, 2, 4(i)–(j), 201(b), and 254 of the Communications Act of 1934, as amended, 47 U.S.C. 151, 152, 154(i)–(j), 201(b), 254, and the Frank R. Lautenberg Chemical Safety for the 21st Century Act, Title II—Rural Healthcare Connectivity, Public Law 114–182, sec. 202, this MO&O is adopted. 6. It is further ordered that Part 54 of the Commission’s rules, 47 CFR part 54, is amended, and such rule shall become effective June 21, 2017, pursuant to 5 U.S.C. 553(d)(3) and § 54.600(a) of the Commission’s rules, 47 CFR 54.600(a). This is a summary of the Commission’s Report and Order (R&O), FCC 10–109, adopted on June 7, 2010, and released on June 11, 2010, and published in the Federal Register on July 19, 2020 (75 FR 41767). Subsequently, this document was corrected by FCC’s Erratum, published in the Federal Register on August 3, 2010 (75 FR 45496). This document augments the corrections which were published in both publications in the Federal Register on July 19, 2010 and on August 3, 2010. SUPPLEMENTARY INFORMATION: Federal Communications Commission. ACTION: Correcting amendments. The Federal Communications Commission (FCC) published a document in the Federal Register on July 19, 2010 (75 FR 41767), revising Commission rules. This document was subsequently corrected by the FCC in the Federal Register published on August 3, 2010 (75 FR 45496). Both documents inadvertently failed to add footnote 2 to the correct entries in the table in § 101.147(s)(7). In addition, certain entries are incorrect. This document corrects the final regulations by revising this section. DATES: Effective June 21, 2017. ADDRESSES: Federal Communications Commission, 445 12th Street SW., Washington, DC 20554. FOR FURTHER INFORMATION CONTACT: John Schauble, Wireless Telecommunications Bureau, Broadband Division, at 202– 418–0797 or by email to John.Schauble@fcc.gov. SUMMARY: PO 00000 Frm 00013 Fmt 4700 Sfmt 4700 1. The authority citation for part 101 continues to read as follows: Authority: 47 U.S.C. 154, 303. 2. In § 101.147, amend the table in paragraph (s)(7) as follows: ■ a. In the eighth row from the bottom of the table, add note 2 at the end of entries ‘‘22025’’ and ‘‘23225’’. ■ b. In the seventh row from the bottom of the table, add note 2 at the end of entries ‘‘22075’’ and ‘‘23275’’. ■ c. In the fourth row from the bottom of the table, correct the entries ‘‘22025 2’’ and ‘‘23225 2’’ to read as ‘‘22225’’ and ‘‘23425’’. ■ d. In the third row from the bottom of the table, correct the entries ‘‘22075 2’’ and ‘‘23275 2’’ to read as ‘‘22275’’ and ‘‘23475’’. ■ § 101.147 Frequency Assignments. * * * (s) * * * * * * * * * * Receive (transmit) (MHz) Transmit (receive) (MHz) * * * * * * * (7) 50 MHz bandwidth channels: * * * 22025 2 ...................................... 22075 2 ...................................... E:\FR\FM\21JNR1.SGM 21JNR1 23225 2 23275 2

Agencies

FEDERAL COMMUNICATIONS COMMISSION

[Federal Register Volume 82, Number 118 (Wednesday, June 21, 2017)]
[Rules and Regulations]
[Pages 28244-28245]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-12879]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 54

[WC Docket No. 02-60; FCC 17-71]


Rural Health Care Support Mechanism

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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

SUMMARY: In this document, the Federal Communications Commission 
(Commission) amends the Rural Health Care (RHC) Program rule which 
defines ``health care provider'' to implement the provision of the 
Rural Healthcare Connectivity Act of 2016 amending the Communications 
Act of 1934 (the Act) to include skilled nursing facilities (SNFs) 
amongst the list of health care providers eligible to receive support.

DATES: Effective June 21, 2017.

FOR FURTHER INFORMATION CONTACT: Regina Brown, regina.brown@fcc.gov, 
Telecommunications Access Policy Division, Wireline Competition Bureau, 
(202) 418-0792 or TTY: (202) 418-0484.

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's 
Memorandum Opinion and Order (MO&O) in WC Docket No. 02-60; FCC 17-71, 
adopted on June 7, 2017, and released on June 8, 2017. The full text of 
this document is available for public inspection during regular 
business hours in the FCC Reference Center, Room CY-A257, 445 12th 
Street SW., Washington, DC 20554, or at the following Internet address: 
https://apps.fcc.gov/edocs_public/attachmatch/FCC-17-71A1.pdf.

I. Discussion

    1. In this MO&O, we implement the Rural Healthcare Connectivity Act 
of 2016, which amends section 254(h)(7)(B) of the Act, to include SNFs 
amongst the list of health care providers eligible to receive RHC 
Program support. Specifically, we amend Sec.  54.600(a) of the 
Commission's rules defining ``health care provider'' under the RHC 
Program to include SNFs as eligible health care providers.
    2. In the 1996 Act, Congress limited the types of health care 
providers eligible to receive support. SNFs were not included as an 
eligible entity type. Following the 1996 Act, the Commission 
established the RHC Program implementing the provisions of the 1996 Act 
and adopting rules for the program, including Sec.  54.600(a) of the 
Commission's rules, which defines ``health care provider[s]'' supported 
under our RHC support programs in a manner that mirrored the terms of 
section 254(h)(7)(B) of the Act. This definition did not include SNFs.
    3. On June 22, 2016, the President signed legislation that included 
SNFs amongst the list of health care providers eligible to receive RHC 
Program support. We interpret this law as directing the Commission to 
include SNFs in all programs for which health care providers are 
otherwise eligible and therefore amend Sec.  54.600(a) of the 
Commission's rules defining ``health care provider'' under the RHC 
Program to mirror the current statutory definition in 47 U.S.C. 
254(h)(7)(B). We find that a notice and comment rule making proceeding 
in this matter is unnecessary because the rule modification flows from 
the direction provided in the Rural Healthcare Connectivity Act of 2016 
to include SNFs within the existing RHC Program. Section 1.412(c) of 
the Commission's rules provides that rule changes may be adopted 
without prior notice where the Commission for good cause finds that 
notice and comment procedures are unnecessary, so long as the basis for 
the good cause finding is published with the rule changes. The final 
rule adopted in this MO&O does not involve discretionary action on our 
part, but rather simply effectuates the Act according to the specific 
terms set forth in the legislation, which became effective on December 
19, 2016. Accordingly, we conclude that this change constitutes a 
ministerial, noncontroversial amendment to our rules and thus this 
action falls within the ``good cause'' exception of the Administrative 
Procedure Act. We therefore forgo notice and comment in this limited 
context.
    4. We also find good cause to make this rule change effective upon 
publication in the Federal Register. Specifically, making this rule 
change effective upon publication in the Federal Register enables SNFs 
to benefit expeditiously, consistent with Congress's goal of including 
SNFs as an eligible health care provider type under the RHC Program. No 
additional time is needed for affected parties to prepare for the 
rule's effectiveness because Commission staff, USAC, and interested 
parties have already had a chance to do so; the associated RHC Program 
application forms incorporating SNFs into the RHC Program have already 
been prepared, put out for notice and comment, and approved. 
Additionally, while the rule change enables SNFs to benefit from the 
RHC Program, it does not immediately oblige them to take any particular 
action unless they choose to do so. Thus, we find good cause to make 
this rule change effective upon publication in the Federal Register.

II. Procedural Matters

A. Paperwork Reduction Act Analysis

    2. Because approval has already been obtained for the addition of 
SNFs to the category of eligible health care providers pursuant to the 
Paperwork Reduction Act of 1995 (PRA), Public Law 104-13, this document 
does not contain any new or modified information collection 
requirements subject to PRA. In addition, therefore, it does not 
contain any new or modified information collection burden for small 
business concerns with fewer than 25 employees, pursuant to the Small 
Business

[[Page 28245]]

Paperwork Relief Act of 2002, Public Law 107-198, see 44 U.S.C. 
3506(c)(4).

B. Final Regulatory Flexibility Act Certification

    3. The Regulatory Flexibility Act of 1980, as amended (RFA) 
requires that a regulatory flexibility analysis be prepared for 
rulemaking proceedings, unless the agency certifies that ``the rule 
will not have a significant economic impact on a substantial number of 
small entities.'' The RFA generally defines ``small entity'' as having 
the same meaning as the terms ``small business,'' ``small 
organization,'' and ``small governmental jurisdiction.'' In addition, 
the term ``small business'' has the same meaning as the term ``small 
business concern'' under the Small Business Act. A small business 
concern is one which: (1) Is independently owned and operated; (2) is 
not dominant in its field of operation; and (3) satisfies any 
additional criteria established by the Small Business Administration 
(SBA). Because the implementation of this provision entails no exercise 
of our administrative discretion, notice and comment procedures are 
unnecessary and, therefore, the Final RFA does not apply.

C. Congressional Review Act

    4. The Commission will send a copy of this MO&O to Congress and the 
Government Accountability Office, pursuant to the Congressional Review 
Act, see 5 U.S.C. 801(a)(1)(A).

III. Ordering Clauses

    5. Accordingly, it is ordered that, pursuant to sections 1, 2, 
4(i)-(j), 201(b), and 254 of the Communications Act of 1934, as 
amended, 47 U.S.C. 151, 152, 154(i)-(j), 201(b), 254, and the Frank R. 
Lautenberg Chemical Safety for the 21st Century Act, Title II--Rural 
Healthcare Connectivity, Public Law 114-182, sec. 202, this MO&O is 
adopted.
    6. It is further ordered that Part 54 of the Commission's rules, 47 
CFR part 54, is amended, and such rule shall become effective June 21, 
2017, pursuant to 5 U.S.C. 553(d)(3) and Sec.  54.600(a) of the 
Commission's rules, 47 CFR 54.600(a).

Federal Communications Commission.
Marlene H. Dortch,
Secretary.

Final Rule

    For the reasons discussed in the preamble, the Federal 
Communications Commission amends 47 CFR part 54 as follows:

PART 54--UNIVERSAL SERVICE

0
1. The authority citation for part 54 continues to read as follows:

    Authority: 47 U.S.C. 151, 154(i), 201, 205, 214, and 254 unless 
otherwise noted.

0
2. Amend Sec.  54.600 by revising paragraph (a)(6), redesignating 
paragraph (a)(7) as (a)(8), adding new paragraph (a)(7), and revising 
newly redesignated paragraph (a)(8) to read as follows:


Sec.  54.600  Terms and definitions.

* * * * *
    (a) * * *
    (6) Rural health clinic;
    (7) Skilled nursing facility; or
    (8) Consortium of health care providers consisting of one or more 
entities described in paragraphs (a)(1) through (7) of this section.
* * * * *
[FR Doc. 2017-12879 Filed 6-20-17; 8:45 am]
 BILLING CODE 6712-01-P

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