75304 Federal Register / Vol. 78, No. 238 / Wednesday, December 11, 2013 / Proposed Rules 

the requirements of CAA section 

172(c)(1); 

3. the RACM/RACT demonstration, as 

meeting the requirements of CAA 

section 172(c)(1); 

4. the RFP demonstration, as meeting 

the requirements of CAA section 

172(c)(2); 

5. and contingency measures as 

meeting the requirements of the CAA 

section 172(c)(9). 

B. Request for Public Comments 

We are taking public comments for 

thirty days following the publication of 

this proposed rule in the Federal 

Register. We will take all comments into 

consideration in our final rule. 

VI. Statutory and Executive Order 

Reviews 

Under the CAA, the Administrator is 

required to approve a SIP submittal that 

complies with the provisions of the Act 

and applicable Federal regulations. 42 

U.S.C. 7410(k); 40 CFR 52.02(a). Thus, 

in reviewing SIP submissions, EPA’s 

role is to approve state choices, 

provided that they meet the criteria of 

the CAA. Accordingly, this proposed 

action merely approves state law as 

meeting Federal requirements and does 

not impose additional requirements 

beyond those imposed by state law. For 

that reason, this proposed action: 

• Is not a ‘‘significant regulatory 

action’’ subject to review by the Office 

of Management and Budget under 

Executive Order 12866 (58 FR 51735, 

October 4, 1993); 

• does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

U.S.C. 3501 et seq.); 

• is certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.); 

• does not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4); 

• does not have Federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, October 7, 

1999); 

• is not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

13045 (62 FR 19885, April 23, 1997); 

• is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

• is not subject to requirements of 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) because 

application of those requirements would 

be inconsistent with the CAA; and 

• does not provide EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). In 

addition, this proposed rule does not 

have tribal implications as specified by 

Executive Order 13175 (65 FR 67249, 

November 9, 2000), because the SIP is 

not approved to apply in Indian country 

located in the State, and EPA notes that 

it will not impose substantial direct 

costs on tribal governments or preempt 

tribal law. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Lead, Reporting and recordkeeping 

requirements. 

Authority: 42 U.S.C. 7401 et seq. 

Dated: November 26, 2013. 

Jared Blumenfeld, 

Regional Administrator, EPA Region IX. 

[FR Doc. 2013–29583 Filed 12–10–13; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Centers for Medicare & Medicaid 

Services 

42 CFR Part 411 

[CMS–6061–ANPRM] 

RIN 0938–AR88 

Medicare Program; Medicare 

Secondary Payer and Certain Civil 

Money Penalties 

AGENCY: Centers for Medicare & 

Medicaid Services (CMS), HHS. 

ACTION: Advance notice of proposed 

rulemaking. 

SUMMARY: This advance notice of 

proposed rulemaking (ANPRM) solicits 

public comment on specific practices 

for which civil money penalties (CMPs) 

may or may not be imposed for failure 

to comply with Medicare Secondary 

Payer reporting requirements for certain 

group health and non-group health 

plans arrangements. 

DATES: To be assured consideration, 

comments must be received at one of 

the addresses provided below, no later 

than 5 p.m. on February 10, 2014. 

ADDRESSES: In commenting, please refer 

to file code CMS–6061–ANPRM. 

Because of staff and resource 

limitations, we cannot accept comments 

by facsimile (FAX) transmission. 

You may submit comments in one of 

four ways (please choose only one of the 

ways listed). 

1. Electronically. You may submit 

electronic comments on this regulation 

to http://www.regulations.gov. Follow 

the instructions under the ‘‘More Search 

Options’’ tab. 

2. By regular mail. You may mail 

written comments to the following 

address ONLY: Centers for Medicare & 

Medicaid Services, Department of 

Health and Human Services, Attention: 

CMS–6061–ANPRM, P.O. Box 8013, 

Baltimore, MD 21244–8013. Please 

allow sufficient time for mailed 

comments to be received before the 

close of the comment period. 

3. By express or overnight mail. You 

may send written comments to the 

following address ONLY: Centers for 

Medicare & Medicaid Services, 

Department of Health and Human 

Services, Attention: CMS–6061– 

ANPRM, Mail Stop C4–26–05, 7500 

Security Boulevard, Baltimore, MD 

21244–1850. 

4. By hand or courier. If you prefer, 

you may deliver (by hand or courier) 

your written comments before the close 

of the comment period to either of the 

following addresses: 

a. For delivery in Washington, DC— 

Centers for Medicare & Medicaid 

Services, Department of Health and 

Human Services, Room 445–G, Hubert 

H. Humphrey Building, 200 

Independence Avenue SW., 

Washington, DC 20201. (Because access 

to the interior of the Hubert H. 

Humphrey Building is not readily 

available to persons without Federal 

government identification, commenters 

are encouraged to leave their comments 

in the CMS drop slots located in the 

main lobby of the building. A stamp-in 

clock is available for persons wishing to 

retain a proof of filing by stamping in 

and retaining an extra copy of the 

comments being filed.) 

b. For delivery in Baltimore, MD— 

Centers for Medicare & Medicaid 

Services, Department of Health and 

Human Services, 7500 Security 

Boulevard, Baltimore, MD 21244–1850. 

If you intend to deliver your comments 

to the Baltimore address, please call 

telephone number (410) 786–9994 in 

advance to schedule your arrival with 

one of our staff members. 

Comments mailed to the addresses 

indicated as appropriate for hand or 

courier delivery may be delayed and 

received after the comment period. 


emcdonald on DSK67QTVN1PROD with PROPOSALS
Federal Register / Vol. 78, No. 238 / Wednesday, December 11, 2013 / Proposed Rules 75305 

For information on viewing public 

comments, see the beginning of the 

SUPPLEMENTARY INFORMATION section. 

FOR FURTHER INFORMATION CONTACT: 

Suzanne Mattes, (410) 786–2536. 

SUPPLEMENTARY INFORMATION: Inspection 

of Public Comments: All comments 

received before the close of the 

comment period are available for 

viewing by the public, including any 

personally identifiable or confidential 

business information that is included in 

a comment. We post all comments 

received before the close of the 

comment period on the following Web 

site as soon as possible after they have 

been received: http://

www.regulations.gov/. Comments 

received timely will be also available for 

public inspection as they are received, 

generally beginning approximately 3 

weeks after publication of a document, 

at the headquarters of the Centers for 

Medicare & Medicaid Services, 7500 

Security Boulevard, Baltimore, 

Maryland 21244, Monday through 

Friday of each week from 8:30 a.m. to 

4 p.m. To schedule an appointment to 

view public comments, please phone 1– 

800–743–3951. 

I. Background 

A. Imposition of Civil Money Penalties 

(CMPs) 

In 1981, the Congress added section 

1128A to the Social Security Act (the 

Act) (section 2105 of Pub. L. 97–35) to 

authorize the Secretary of Health and 

Human Services (Secretary) to impose 

civil money penalties (CMPs) and 

assessments on certain health care 

facilities, health care practitioners, and 

other suppliers for noncompliance with 

rules of the Medicare and Medicaid 

programs. CMPs and assessments 

provide an alternative enforcement tool 

for agencies use to ensure compliance 

with statutory and regulatory 

requirements and are in addition to 

potential criminal or civil penalties. 

Since 1981, the Congress has 

significantly increased both the number 

and the types of circumstances under 

which the Secretary may impose CMPs. 

Some CMP authorities address fraud, 

misrepresentation, or falsification, while 

others address noncompliance with 

programmatic or regulatory 

requirements. The Secretary has 

delegated the authority for certain 

provisions to either the Office of 

Inspector General (OIG) or CMS (See the 

October 20, 1994 (58 FR 52967) notice 

titled ‘‘Office of Inspector General; 

Health Care Financing Administration; 

Statement of Organization, Functions, 

and Delegations of Authority’’). 

B. Section 111 of the MMSEA 

Amendments to MSP Provisions 

Under the Medicare law, as enacted in 

1965, Medicare was the primary payer 

for certain designated health care 

services except those covered by 

workers’ compensation. In 1980, 

Congress added section 1862(b) of the 

Act which defined when Medicare is 

the secondary payer to certain primary 

plans. These provisions are known as 

the Medicare Secondary Payer (MSP) 

provisions. Section 1862(b) of the Act 

prohibits Medicare from making 

payment if payment has been made or 

can reasonably be expected to be made 

by the following primary plans when 

certain conditions are satisfied: Group 

health plans; workers’ compensation 

plans; liability insurance (including 

self-insurance); or no-fault insurance. 

For workers’ compensation, liability 

insurance (including self-insurance), or 

no-fault insurance for which payment 

has not been made or cannot be 

expected to be made promptly, 

Medicare may make a conditional 

payment subject to Medicare payment 

rules. Any conditional payments made 

by Medicare are subject to repayment 

once the primary plan makes payment. 

Section 111 of the Medicare, 

Medicaid, and SCHIP Extension Act of 

2007 (MMSEA) (Pub. L. 110–173) added 

paragraphs (7) and (8) to section 1862(b) 

of the Act which established new 

mandatory reporting requirements for 

certain group health plan (GHP) 

arrangements and for liability insurance 

(including self-insurance), no-fault 

insurance, and workers’ compensation 

(collectively referred to as ‘‘non-GHP’’ 

or NGHP) arrangements. 

Section 1862(b)(7) of the Act (42 

U.S.C. 1395y(b)(7)) added new reporting 

rules for GHP, but did not eliminate any 

existing statutory provisions or 

regulations. Section 1862(b)(7) of the 

Act also includes, in part, authority for 

Medicare to impose CMPs against GHPs 

responsible reporting entities which are 

determined to be noncompliant. An 

entity serving as an insurer or third 

party administrator for a GHP, and, in 

the case of a GHP that is self-insured 

and self-administered, a plan 

administrator or fiduciary, must report 

under these requirements. Section 

1862(b)(7) of the Act provides that, 

notwithstanding any other provision of 

law, the reporting requirement may be 

implemented by program instruction or 

otherwise. 

Section 1862(b)(8) of the Act (42 

U.S.C. 1395y(b)(8)) added new reporting 

rules for NGHP arrangements 

(applicable plans), but did not eliminate 

any existing statutory provisions or 

regulations. Section 1862(b)(8) of the 

Act also includes, in part, authority for 

CMS to impose CMPs against NGHPs 

which are determined to be 

noncompliant. Section 1862(b)(8) of the 

Act defines the term ‘‘applicable plan’’ 

to mean the following laws, plans, or 

other arrangements, including the 

fiduciary or administrator for such law, 

plan, or arrangement: (1) Liability 

insurance (including self-insurance); (2) 

no fault-insurance; and (3) workers’ 

compensation laws or plans. Section 

1862(b)(8) of the Act also requires 

applicable plans to notify CMS when 

they pay liability insurance (including 

self-insurance), no-fault insurance, and/ 

or workers’ compensation claims on 

behalf of Medicare beneficiaries. 

Information shall be submitted within a 

time specified by the Secretary after the 

claim is addressed or resolved (or 

partially addressed or resolved) through 

a settlement, judgment, award, or other 

payment, regardless of whether or not 

there is a determination or admission of 

liability. 

C. Medicare IVIG (Intravenous 

Immunoglobulin) Access and 

Strengthening Medicare and Repaying 

Taxpayers Act of 2012 

Section 1862(b)(8)(E) of the Act 

describes the enforcement provisions for 

NGHPs that fail to comply with the 

reporting requirements. On January 10, 

2013, the Medicare IVIG (Intravenous 

Immunoglobulin) Access and 

Strengthening Medicare and Repaying 

Taxpayers Act of 2012 (SMART Act) 

was enacted (Pub. L. 112–242). The 

SMART Act amended section 

1862(b)(8)(E) of the Act to state that 

applicable plans that fail to comply with 

the reporting requirements may be 

subject to a civil money penalty of up 

to $1,000 for each day of noncompliance 

with respect to each claimant (revising 

the prior mandatory nature of this 

CMPS provision). Section 1862(b)(8)(E) 

of the Act only applies to NGHPs. 

II. Provisions of the Advanced Notice of 

Proposed Rulemaking 

We are issuing this ANPRM to solicit 

public comments and proposals for the 

specification of practices for which 

CMPs would or would not be imposed 

in accordance with sections 

1862(b)(7)(B) and (b)(8)(E) of the Act (42 

U.S.C. 1395y(b)(7)(B) and (8)(E)). We are 

interested in comments and proposals to 

specifically define ‘‘noncompliance’’ in 

the context of the phrase, ‘‘. . . for each 

day of noncompliance with respect to 

each claimant . . .’’ in sections 

1862(b)(7) or (b)(8) of the Act. We are 

seeking public comment and proposals 

on mechanisms and criteria that we 


emcdonald on DSK67QTVN1PROD with PROPOSALS
75306 Federal Register / Vol. 78, No. 238 / Wednesday, December 11, 2013 / Proposed Rules 

would employ to evaluate whether and 

when the agency would impose CMPs. 

In addition, we are we are soliciting 

comments and proposals for methods to 

determine the dollar amount of a CMP 

that would be levied for each day that 

NGHP is a responsible reporting entity 

noncompliance under section 1862(b)(8) 

of the Act. 

We are also soliciting comments on 

how we might devise a method(s) and 

criteria to determine which actions 

would constitute ‘‘good faith effort(s)’’ 

taken by an entity to identify a Medicare 

beneficiary for the purposes of reporting 

under section 1862(b)(8) of the Act. 

We are specifically soliciting 

comments and proposals from insurers, 

third party administrators for GHPs, 

other applicable plans, and the public. 

When submitting comments regarding 

this issue, we ask that commenters 

specifically identify to which provision 

their comments relate (that is, section 

1862(b)(7) or (b)(8) of the Act). 

(Catalog of Federal Domestic Assistance 

Program No. 93.773, Medicare—Hospital 

Insurance; and Program No. 93.774, 

Medicare—Supplementary Medical 

Insurance Program) 

Dated: May 28, 2013. 

Marilyn Tavenner, 

Administrator, Centers for Medicare & 

Medicaid Services. 

Approved: July 30, 2013. 

Kathleen Sebelius, 

Secretary, Department of Health and Human 

Services. 

Editorial Note: This document was 

received in the Office of the Federal Register 

on December 5, 2013. 

[FR Doc. 2013–29473 Filed 12–10–13; 8:45 am] 

BILLING CODE 4120–01–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 73 

[MB Docket No. 13–261, RM–11707; DA 13– 

2129] 

Television Broadcasting Services; 

Birmingham, Alabama 

AGENCY: Federal Communications 

Commission. 

ACTION: Proposed rule. 

SUMMARY: The Commission has before it 

a petition for rulemaking filed by 

Alabama Educational Television 

Commission (‘‘AETC’’), the licensee of 

station WBIQ(TV), channel *39, 

Birmingham, Alabama, requesting to 

return to its previously allotted channel 

*10 at Birmingham. AETC currently has 

a claim on two channels in the DTV 

Table of Allotments, channels *10 and 

*39, and seeks a waiver of the 

Commission’s freeze on the filing of 

petitions for rulemaking by television 

stations seeking channel substitutions in 

order to relinquish all claims to channel 

*39 with the grant of this petition. 

AETC concludes that the proposed 

return of WBIQ(TV) to channel *10 will 

serve the public interest by allowing the 

station to conserve its resources and by 

not disrupting service to the public. 

DATES: Comments must be filed on or 

before January 10, 2014, and reply 

comments on or before January 27, 

2014. 

ADDRESSES: Federal Communications 

Commission, Office of the Secretary, 

445 12th Street SW., Washington, DC 

20554. In addition to filing comments 

with the FCC, interested parties should 

serve counsel for petitioner as follows: 

M. Scott Johnson, Esq., Fletcher, Heald, 

& Hildreth, PLC, 1300 N. 17th Street, 

Suite 1100, Arlington, VA 22209. 

FOR FURTHER INFORMATION CONTACT: 

Adrienne Denysyk, Adrienne.Denysyk@

fcc.gov, Media Bureau, (202) 418–1600. 

SUPPLEMENTARY INFORMATION: This is a 

synopsis of the Commission’s Notice of 

Proposed Rule Making, MB Docket No. 

13–261, adopted November 4, 2013, and 

released November 6, 2012. The full text 

of this document is available for public 

inspection and copying during normal 

business hours in the FCC’s Reference 

Information Center at Portals II, CY– 

A257, 445 12th Street SW., Washington, 

DC, 20554. This document will also be 

available via ECFS (http://www.fcc.gov/ 

cgb/ecfs/). (Documents will be available 

electronically in ASCII, Word 97, and/ 

or Adobe Acrobat.) This document may 

be purchased from the Commission’s 

duplicating contractor, Best Copy and 

Printing, Inc., 445 12th Street SW., 

Room CY–B402, Washington, DC 20554, 

telephone 1–800–478–3160 or via email 

www.BCPIWEB.com. To request this 

document in accessible formats 

(computer diskettes, large print, audio 

recording, and Braille), send an email to 

fcc504@fcc.gov or call the Commission’s 

Consumer and Governmental Affairs 

Bureau at (202) 418–0530 (voice), (202) 

418–0432 (TTY). This document does 

not contain proposed information 

collection requirements subject to the 

Paperwork Reduction Act of 1995, 

Public Law 104–13. In addition, 

therefore, it does not contain any 

proposed 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). 

Provisions of the Regulatory 

Flexibility Act of 1980 do not apply to 

this proceeding. Members of the public 

should note that from the time a Notice 

of Proposed Rule Making is issued until 

the matter is no longer subject to 

Commission consideration or court 

review, all ex parte contacts (other than 

ex parte presentations exempt under 47 

CFR 1.1204(a)) are prohibited in 

Commission proceedings, such as this 

one, which involve channel allotments. 

See 47 CFR 1.1208 for rules governing 

restricted proceedings. 

For information regarding proper 

filing procedures for comments, see 

§§ 1.415 and 1.420. 

List of Subjects in 47 CFR Part 73 

Television. 

Federal Communications Commission. 

Barbara A. Kreisman, 

Chief, Video Division, Media Bureau. 

Proposed Rules 

For the reasons discussed in the 

preamble, the Federal Communications 

Commission proposes to amend 47 CFR 

part 73 as follows: 

PART 73—RADIO BROADCAST 

SERVICES 

■ 1. The authority citation for part 73 

continues to read as follows: 

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

and 339. 

§ 73.622 [Amended] 

■ 2. Section 73.622(i), the PostTransition Table of DTV Allotments 

under Alabama is amended by adding 

channel *10 and removing channel *39 

at Birmingham. 

[FR Doc. 2013–29585 Filed 12–10–13; 8:45 am] 

BILLING CODE 6712–01–P 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

50 CFR Part 17 

[FWS–R2–ES–2012–0071; 4500030113] 

RIN 1018–AY21 

Endangered and Threatened Wildlife 

and Plants; Listing the Lesser PrairieChicken as a Threatened Species With 

a Special Rule 

AGENCY: Fish and Wildlife Service, 

Interior. 

ACTION: Proposed rule; revision and 

reopening of comment period. 

SUMMARY: We, the U.S. Fish and 

Wildlife Service, propose a revised 


emcdonald on DSK67QTVN1PROD with PROPOSALS