63674 Federal Register / Vol. 62, No. 231 / Tuesday, December 2, 1997 / Rules and Regulations

factored into the calculation for the fee

determination.

(3) An eligible organization with a

risk contract’s pro rata share of the

annual fee is determined based upon the

organization’s monthly calculated

Medicare payment amount during the

preceding nine consecutive months

beginning with January. HCFA

calculates each monthly pro rata share

for an organization by multiplying the

established BBA fee percentage by the

total monthly calculated Medicare

payment amount to plans as recorded in

HCFA’s payment system on the first day

of the month.

(4) HCFA offsets the fees against the

organization’s monthly Medicare

payment. Beginning with the January

payment, HCFA withholds the

organization’s share of fees and deducts

the amount from the total payment

made by HCFA to the organization for

that month. HCFA will stop collecting

the FY 1998 BBA fee from eligible plans

when $95 million has been assessed.

(5) Should delays occur in

determining the amount of fees

specified in paragraph (h)(1) of this

section or the fee percentage rate

specified in paragraph (h)(2) HCFA may

adjust the assessment time period and

fee percentage amount.

(Catalog of Federal Domestic Assistance

Program No. 93.773, Medicare—Hospital

Insurance; and Program No. 93.774,

Medicare—Supplementary Medical

Insurance Program)

Dated: November 26, 1997.

Nancy-Ann Min DeParle,

Administrator, Health Care Financing

Administration.

Approved: November 26, 1997.

Donna E. Shalala,

Secretary.

[FR Doc. 97–31710 Filed 12–1–97; 8:45 am]

BILLING CODE 4120–01–P

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Part 73

[MM Docket No. 96–195; RM–8867]

Radio Broadcasting Services;

Geneseo, IL and DeWitt, IA

AGENCY: Federal Communications

Commission.

ACTION: Final rule.

SUMMARY: The Commission, at the

request of Connoisseur Communications

of Quad Cities, L.P., substitutes Channel

285C3 for Channel 285A at Geneseo,

Illinois, reallots Channel 285C3 from

Geneseo to DeWitt, Iowa, and modifies

Station WGEN–FM’s license

accordingly. See 61 FR 51075,

September 30, 1996. Channel 285C3 can

be reallotted to DeWitt in compliance

with the Commission’s minimum

distance separation requirements with a

site restriction of 14.0 kilometers (8.7

miles) southeast to avoid short-spacings

to the licensed sites of Station

WXRX(FM), Channel 285A, Belvidere,

Illinois, and Station WXCL(FM),

Channel 285A, Pekin, Illinois, at

petitioner’s requested site. The

coordinates for Channel 285C3 at

DeWitt are North Latitude 41–42–50 and

West Longitude 90–27–20. With this

action, the proceeding is terminated.

EFFECTIVE DATE: January 5, 1998.

FOR FURTHER INFORMATION CONTACT:

Sharon P. McDonald, Mass Media

Bureau, (202) 418–2180.

SUPPLEMENTARY INFORMATION: This is a

synopsis of the Commission’s Report

and Order, MM Docket No. 96–195,

adopted November 12, 1997, and

released November 21, 1997. The full

text of this Commission decision is

available for inspection and copying

during normal business hours in the

FCC Reference Center (Room 239), 1919

M Street, NW., Washington, DC.

The complete text of this decision

may also be purchased from the

Commission’s copy contractors,

International Transcription Service,

Inc., (202) 857–3800, 1231 20th Street,

NW., Washington, DC 20036.

List of Subjects in 47 CFR Part 73

Radio broadcasting.

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, 336.

§ 73.202 [Amended]

2. Section 73.202(b), the Table of FM

Allotments under Illinois, is amended

by removing Channel 285A at Geneseo.

3. Section 73.202(b), the Table of FM

Allotments under Iowa, is amended by

adding DeWitt, Channel 285C3.

Federal Communications Commission.

John A. Karousos,

Chief, Allocations Branch, Policy and Rules

Division, Mass Media Bureau.

[FR Doc. 97–31512 Filed 12–1–97; 8:45 am]

BILLING CODE 6712–01–P

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Part 73

[MM Docket No. 96–243; RM–8925]

Radio Broadcasting Services;

Chugwater, WY

AGENCY: Federal Communications

Commission.

ACTION: Final rule.

SUMMARY: The Commission, at the

request of Mountain Tower

Broadcasting, allots Channel 258A at

Chugwater, Wyoming, as the

community’s first local aural

transmission service. See 61 FR 65509,

December 13, 1996. Channel 258A can

be allotted to Chugwater in compliance

with the Commission’s minimum

distance separation requirements at city

reference coordinates. The coordinates

for Channel 258A at Chugwater are

North Latitude 41–45–36 and West

Longitude 104–49–30. With this action,

this proceeding is terminated.

EFFECTIVE DATE: January 5, 1998. A filing

window for Channel 258A at

Chugwater, Wyoming, will not be

opened at this time. Instead, the issue of

opening a filing window for this

channel will be addressed by the

Commission in a subsequent order.

FOR FURTHER INFORMATION CONTACT:

Sharon P. McDonald, Mass Media

Bureau, (202) 418–2180.

SUPPLEMENTARY INFORMATION: This is a

synopsis of the Commission’s Report

and Order, MM Docket No. 96–243,

adopted November 5, 1997, and released

November 21, 1997. The full text of this

Commission decision is available for

inspection and copying during normal

business hours in the FCC Reference

Center (Room 239), 1919 M Street, NW.,

Washington, DC. The complete text of

this decision may also be purchased

from the Commission’s copy

contractors, International Transcription

Service, Inc., (202) 857–3800, 1231 20th

Street, NW., Washington, DC 20036.

List of Subjects in 47 CFR Part 73

Radio broadcasting.

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, 336.
Federal Register / Vol. 62, No. 231 / Tuesday, December 2, 1997 / Rules and Regulations 63675

§ 73.202 [Amended]

2. Section 73.202(b), the Table of FM

Allotments under Wyoming, is amended

by adding Chugwater, Channel 258A.

Federal Communications Commission.

John A. Karousos,

Chief, Allocations Branch, Policy and Rules

Division, Mass Media Bureau.

[FR Doc. 97–31511 Filed 12–1–97; 8:45 am]

BILLING CODE 6712–01–P

DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

49 CFR Parts 219 and 225

[FRA Docket No. RAR–5, Notice No. 1]

RIN 2130-AB21

Annual Adjustment of Monetary

Threshold for Reporting Rail

Equipment Accidents/Incidents

AGENCY: Federal Railroad

Administration (FRA), Department of

Transportation (DOT).

ACTION: Final rule.

SUMMARY: This final rule increases from

$6,500 to $6,600 the monetary threshold

for reporting railroad accidents/

incidents involving railroad property

damage that occur on or after January 1,

1998. This action is needed to ensure

and maintain comparability between

different years of data by having the

threshold keep pace with increases or

decreases in equipment and labor costs

so that each year accidents involving the

same minimum amount of railroad

property damage are included in the

reportable accident counts. The

reporting threshold was last changed in

1996.

EFFECTIVE DATE: January 1, 1998.

FOR FURTHER INFORMATION CONTACT:

Robert L. Finkelstein, Staff Director,

Office of Safety Analysis, RRS–22, Mail

Stop 25, Office of Safety, FRA, 400

Seventh Street, S.W., Washington, D.C.

20590 (telephone 202–632–3386); or

Nancy L. Goldman, Trial Attorney,

Office of Chief Counsel, RCC–12, Mail

Stop 10, FRA, 400 Seventh Street, S.W.,

Washington, D.C. 20590 (telephone

202–632–3167).

SUPPLEMENTARY INFORMATION:

Background

Rail equipment accidents/incidents

are collisions, derailments, explosions,

fires, acts of God, and other events

(including grade crossing accidents)

involving the operation of standing or

moving on-track equipment that results

in damages higher than the current

reporting threshold to railroad on-track

equipment, signals, track, track

structures, or roadbed, including labor

costs and the costs for acquiring new

equipment and material. 49 CFR 225.19

(b), (c). Each rail equipment accident/

incident must be reported to FRA using

the Rail Equipment Accident/Incident

Report (Form FRA F 6180.54). Id.

As revised in 1996, paragraphs (c) and

(e) of § 225.19 of title 49, Code of

Federal Regulations, provide that the

dollar figure that constitutes the

reporting threshold for rail equipment

accidents/incidents will be adjusted

every year in accordance with the

procedures outlined in appendix B to

part 225, to reflect cost increases or

decreases. 61 FR 30942, 30969 (June 18,

1996); 61 FR 60632, 60634 (Nov. 29,

1996); 61 FR 67477, 67490 (Dec. 23,

1996).

New Reporting Threshold

One year has passed since the

accident/incident reporting threshold

was last revised. 61 FR 60632 (Nov. 29,

1996). Consequently, FRA has

recalculated the threshold, as required

by § 225.19(c), based on increased costs

for labor and decreased costs for

material. FRA has determined that the

current reporting threshold of $6,500,

which applies to rail equipment

accidents/incidents that occur during

calendar year 1997, should be increased

to $6,600, effective January 1, 1998, and

§§ 225.5 and 225.19 are being amended

accordingly. Appendix B has also been

amended to reflect the most recent cost

figures and the calculations made to

determine the new threshold for

calendar year 1998. Finally, the alcohol

and drug regulations (49 CFR part 219)

are amended throughout to reflect that

the reporting threshold for calendar year

1998 is $6,600.

Notice and Comment Procedures

In this rule, FRA merely adjusts the

reporting threshold based on the

formula adopted, after notice and

comment, in the final rule published

June 18, 1996, 61 FR 30959, 30969, and

discussed in detail in the final rule

published November 29, 1996, 61 FR

30632. FRA further finds that both the

current cost data inserted into this preexisting formula and the original cost

data that they replace were obtained

from reliable Federal government

sources. FRA further finds that this rule

imposes no additional burden on any

person, but rather provides a benefit by

permitting the valid comparison of

accident data over time. Accordingly,

FRA concludes that notice and

comment procedures are impracticable,

unnecessary, and contrary to the public

interest. As a consequence, FRA is

proceeding directly to this final rule.

Regulatory Impact

Executive Order 12866 and DOT

Regulatory Policies and Procedures

This final rule has been evaluated in

accordance with existing regulatory

policies and procedures and is

considered to be a nonsignificant

regulatory action under DOT policies

and procedures (44 FR 11034; February

26, 1979). This final rule also has been

reviewed under Executive Order 12866

and is also considered ‘‘nonsignificant’’

under that Order.

Regulatory Flexibility Act

The Regulatory Flexibility Act of 1980

(5 U.S.C. 601 et seq.) requires a review

of rules to assess their impact on small

entities, unless the Secretary certifies

that the rule will not have a significant

economic impact on a substantial

number of small entities. This final rule

will have no new significant direct or

indirect economic impact on small units

of government, business, or other

organizations. To the extent that this

rule has any impact on small units, the

impact will be positive because the rule

is decreasing, rather increasing, their

reporting burden.

Paperwork Reduction Act

There are no new information

collection requirements associated with

this final rule. Therefore, no estimate of

a public reporting burden is required.

Environmental Impact

This final rule will not have any

identifiable environmental impact.

Federalism Implications

This final rule will not have a

substantial effect on the States, on the

relationship between the national

government and the States, or on the

distribution of power and

responsibilities among the various

levels of government. Thus, in

accordance with Executive Order 12612,

preparation of a Federalism Assessment

is not warranted.

The Final Rule

In consideration of the foregoing, FRA

amends parts 219 and 225, Title 49,

Code of Federal Regulations as follows:

PART 219—[AMENDED]

1. The authority citation for part 219

continues to read as follows:

Authority: 49 U.S.C. 20103, 20107, 20111,

20112, 20113, 20140, 21301, 21304; and 49

CFR 1.49(m).