68818 Federal Register / Vol. 69, No. 227 / Friday, November 26, 2004 / Rules and Regulations 

D. Conclusion 

For these reasons, we are not 

preparing analyses for either the RFA or 

section 1102(b) of the Act because we 

have determined, and we certify, that 

this rule will not have a significant 

economic impact on a substantial 

number of small entities or a significant 

impact on the operations of a substantial 

number of small rural hospitals. 

In accordance with the provisions of 

Executive Order 12866, this regulation 

was reviewed by the Office of 

Management and Budget.

List of Subjects in 42 CFR Part 447

Accounting, Administrative practice 

and procedure, Drugs, Grant programs—

health, Health facilities, Health 

professions, Medicaid, Reporting and 

recordkeeping requirements, Rural 

areas.

■ For the reasons set forth in the 

preamble, the Centers for Medicare & 

Medicaid Services amends 42 CFR 

chapter IV as set forth below:

PART 447—PAYMENTS FOR 

SERVICES

■ 1. The authority for citation for part 

447 continues to read as follows:

Authority: Sec. 1102 of the Social Security 

Act (42 U.S.C. 1302).

Subpart I—Payment for Outpatient 

Prescription Drugs Under Drug Rebate 

Agreements

■ 2. In § 447.534, the following changes 

are made:

■ A. Paragraph (h)(1)(i) is revised.

■ B. Paragraph (h)(1)(ii) is republished.

■ C. Paragraph (h)(2) is removed and 

reserved.

■ D. Paragraph (i) is republished.

■ E. The paragraph designated (ii) 

[Reserved] at the end of the section is 

removed.

§ 447.534 Manufacturer reporting 

requirements.

* * * * *

(h) Recordkeeping requirements. (1)(i) 

A manufacturer must retain records 

(written or electronic) for 10 years from 

the date the manufacturer reports data 

to CMS for that rebate period. The 

records must include these data and any 

other materials from which the 

calculations of the average manufacturer 

price and best price are derived, 

including a record of any assumptions 

made in the calculations. The 10-year 

timeframe applies to a manufacturer’s 

quarterly submission of pricing data, as 

well as any revised pricing data 

subsequently submitted to CMS. 

(ii) A manufacturer must retain 

records beyond the 10-year period if 

both of the following circumstances 

exist: 

(A) The records are the subject of an 

audit or of a government investigation 

related to pricing data that are used in 

average manufacturer price or best price 

of which the manufacturer is aware. 

(B) The audit findings or investigation 

related to the average manufacturer 

price and best price have not been 

resolved. 

(2) [Reserved] 

(i) Timeframe for reporting revised 

average manufacturer price or best 

price. A manufacturer must report to 

CMS revisions to average manufacturer 

price or best price for a period not to 

exceed 12 quarters from the quarter in 

which the data were due.

(Catalog of Federal Domestic Assistance 

Program No. 93.778, Medical Assistance 

Program)

Dated: August 18, 2004. 

Mark B. McClellan, 

Administrator, Centers for Medicare & 

Medicaid Services.

Approved: September 8, 2004. 

Tommy G. Thompson, 

Secretary.

[FR Doc. 04–25969 Filed 11–24–04; 8:45 am] 

BILLING CODE 4120–01–P

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 73

[DA 04–3522, MB Docket No. 04–253, RM–

11007] 

Digital Television Broadcast Service; 

Greeley, CO

AGENCY: Federal Communications 

Commission.

ACTION: Final rule.

SUMMARY: The Commission, at the 

request of Thomas Desmond, allots DTV 

channel 45 to Greeley, Colorado, as the 

community’s first local commercial 

television service. See 69 FR 45301, July 

29, 2004. DTV channel 45 can be 

allotted to Greeley, Colorado, in 

compliance with the Sections 73.623(d) 

and 73.625(a) at reference coordinates 

40–25–15 N. and 104–31–30 W. With 

this action, this proceeding is 

terminated.

DATES: Effective January 3, 2005.

FOR FURTHER INFORMATION CONTACT: Pam 

Blumenthal, Media Bureau, (202) 418–

1600.

SUPPLEMENTARY INFORMATION: This is a 

synopsis of the Commission’s Report 

and Order, MB Docket No. 04–253, 

adopted November 4, 2004, and released 

November 18, 2004. The full text of this 

document is available for public 

inspection and copying during regular 

business hours in the FCC Reference 

Information Center, Portals II, 445 12th 

Street, SW., Room CY–A257, 

Washington, DC. This document may 

also be purchased from the 

Commission’s duplicating contractor, 

Best Copy and Printing, Inc., 445 12th 

Street, SW., Room CY–B402, 

Washington, DC, 20554, telephone 301–

816–2820, facsimile 301–816–0169, or 

via e-mail joshir@erols.com.

This document does not contain [new 

or modified] information collection 

requirements subject to the Paperwork 

Reduction Act of 1995 (PRA), Public 

Law 104–13. 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 Paperwork Relief Act of 2002, 

Public Law 107–198, see 44 U.S.C. 

3506(c)(4). 

The Commission will send a copy of 

this Report & Order in a report to be sent 

to Congress and the General 

Accountability Office pursuant to the 

Congressional Review Act, see 5 U.S.C. 

801(a)(1)(A).

List of Subjects in 47 CFR Part 73

Digital television broadcasting, 

Television.

■ Part 73 of Title 47 of the Code of 

Federal Regulations is amended as 

follows:

PART 73—[AMENDED]

■ 1. The authority citation for part 73 

continues to read as follows:

Authority: 47 U.S.C. 154, 303, 334 and 336.

§ 73.622 [Amended]

■ 2. Section 73.622(b), the Table of 

Digital Television Allotments under 

Colorado, is amended by adding Greeley, 

DTV channel 45.

Federal Communications Commission. 

Barbara A. Kreisman, 

Chief, Video Division, Media Bureau.

[FR Doc. 04–26158 Filed 11–24–04; 8:45 am] 

BILLING CODE 6712–01–P