Federal Register / Vol. 82, No. 248 / Thursday, December 28, 2017 / Proposed Rules 61519 

of an individual source, we are again 

inviting comment from interested 

stakeholders on the topic of how the 

NSR program overlays with emission 

guidelines established under CAA 

section 111(d). We are interested in 

actions that can be taken to harmonize 

and streamline the NSR applicability 

and/or the NSR permitting process with 

a potential new rule. We invite 

comment on the following questions: 

1. Under what scenarios would EGUs be 

potentially subject to the requirements of the 

NSR program as a result of making physical 

or operational changes that are part of a 

strategy for regulating existing sources under 

CAA section 111(d)? Do the scenarios differ 

depending on site specific factors, such as 

the size or class of EGU, how the EGU 

operates (e.g., baseload, intermediate, load 

following), fuel(s) the EGU burns, or the 

EGU’s existing level of pollution control? If 

so, please explain the differences. 

2. What rule or policy changes or 

flexibilities can the EPA provide as part of 

the NSR program that would enable EGUs to 

implement projects required under a CAA 

section 111(d) plan and not trigger major 

NSR permitting while maintaining 

environmental protections? 

3. What actions can sources take—e.g., 

through the minor NSR program, agreeing to 

a PAL—when making heat rate 

improvements or co-firing with a lower 

emitting fuel that would allow them to 

continue to serve the demand of the grid 

while not having excessive permitting 

requirements? 

4. What approaches could be used in 

crafting CAA section 111(d) plans so as to 

reduce the number of existing sources that 

will be subject to NSR permitting? Do 

compliance measures, such as inter- and 

intra-state trading systems, rate-based or 

mass-based standards, or generation shifting 

to lower- or zero-emitting units, offer 

favorable solutions for air agencies and 

sources with regard to NSR permitting? 

5. What other approaches would minimize 

the impact of the NSR program on the 

implementation of a performance standard 

for EGU sources under CAA section 111(d)? 

B. New Source Performance Standards 

(NSPS) 

The EPA solicits comment on whether 

there are any potential interactions 

between a state-based program under 

CAA section 111(d) covering existing 

fossil fuel-fired EGUs and a federal 

program under CAA section 111(b) 

covering newly constructed, 

reconstructed, and modified fossil fuelfired EGUs. In particular, the EPA 

requests information on how an existing 

EGU covered under a CAA section 

111(d) state plan might affect the state 

plan (or an interstate trading program) if 

the EGU undergoes a reconstruction or 

modification (as defined under CAA 

111(b)). 

VI. Statutory and Executive Order 

Reviews 

Under Executive Order 12866, titled 

Regulatory Planning and Review (58 FR 

51735, October 4, 1993), this is a 

‘‘significant regulatory action.’’ 

Accordingly, the EPA submitted this 

action to the Office of Management and 

Budget (OMB) for review under 

Executive Order 12866 and any changes 

made in response to OMB 

recommendations have been 

documented in the docket for this 

action. Because this action does not 

propose or impose any requirements, 

and instead seeks comments and 

suggestions for the Agency to consider 

in possibly developing a subsequent 

proposed rule, the various statutes and 

Executive Orders that normally apply to 

rulemaking do not apply in this case. 

Should the EPA subsequently determine 

to pursue a rulemaking, the EPA will 

address the statutes and Executive 

Orders as applicable to that rulemaking. 

Dated: December 18, 2017. 

E. Scott Pruitt, 

Administrator. 

[FR Doc. 2017–27793 Filed 12–27–17; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Centers for Medicare & Medicaid 

Services 

42 CFR Parts 405, 417, 422, 423, 460, 

and 498 

[CMS–4182–CN] 

RIN 0938–AT08 

Medicare Program Contract Year 2019 

Policy and Technical Changes to the 

Medicare Advantage, Medicare Cost 

Plan, Medicare Fee-For-Service, the 

Medicare Prescription Drug Benefit 

Programs, and the PACE Program; 

Correction 

AGENCY: Centers for Medicare & 

Medicaid Services (CMS), HHS. 

ACTION: Proposed rule; correction. 

SUMMARY: This document corrects 

technical and typographical errors in 

the proposed rule that appeared in the 

November 28, 2017 issue of the Federal 

Register titled ‘‘Medicare Program 

Contract Year 2019 Policy and 

Technical Changes to the Medicare 

Advantage, Medicare Cost Plan, 

Medicare Fee-For-Service, the Medicare 

Prescription Drug Benefit Programs, and 

the PACE Program’’. 

FOR FURTHER INFORMATION CONTACT: 

Marie Manteuffel, (410) 786–3447. Lucia 

Patrone, (410) 786–8621. 

SUPPLEMENTARY INFORMATION: 

I. Background 

In FR Doc. 2017–25068 of November 

28, 2017 (82 FR 56336), there were a 

number of technical and typographical 

errors that are identified and corrected 

in the Correction of Errors section of 

this correcting document. 

II. Summary of Errors 

A. Summary of Errors in the Preamble 

On page 56366, in the listing of parts 

of the Code of Federal Regulations (CFR) 

that are being revised by the proposed 

rule, we inadvertently omitted 42 CFR 

part 460. 

On page 56488, in our discussion of 

reducing the burden of the medical loss 

ratio (MLR) reporting requirements, we 

made errors in our description of the 

tasks performed by our contractor 

during the initial analyses or desk 

reviews of MLR reports and the entities 

for which they perform these tasks (that 

is, MA organizations and Part D 

sponsors, not just MA organizations). 

B. Summary of Errors in the Regulations 

Text 

On pages 56498 and 56516, in the 

proposed regulations text for the 

calculation of the Part D improvement 

scores (§§ 422.164(f)(4)(vi) and 

423.184(f)(4)(vi), respectively), we made 

errors in referencing the proposed 

provision for the clustering algorithm. 

On page 56509, in the regulations text 

changes for § 423.120(b)(5)(i)(A) and (B), 

we made technical errors in the 

timeframes regarding notice of 

formulary changes and supply of the 

Part D drug. 

On page 56510, we inadvertently 

omitted regulations text changes for 

§ 423.128(a)(3) that we discussed in 

section II.B.4. of the proposed rule (see 

82 FR 56432). These proposed changes 

would require MA plans and Part D 

Sponsors to provide the information in 

§ 423.128(b) by the first day of the 

annual enrollment period. 

III. Correction of Errors 

In FR Doc. 2017–25068 of November 

28, 2017 (82 FR 56336), we are making 

the following corrections: 

A. Corrections of Errors in the Preamble 

1. On page 56366, first column, line 

6 (part heading), the phrase ‘‘423, and’’ 

is corrected to read ‘‘423, 460, and’’. 

2. On page 56488, first column, third 

full paragraph, the paragraph that begins 

with the phrase ‘‘Our proposal to 


sradovich on DSK3GMQ082PROD with PROPOSALS
61520 Federal Register / Vol. 82, No. 248 / Thursday, December 28, 2017 / Proposed Rules 

significantly reduce the amount’’ and 

ends with the phrase ‘‘in order to 

resolve potential compliance issues.’’ is 

corrected to read as follows: 

‘‘Our proposal to significantly reduce 

the amount of MLR data submitted to 

CMS would eliminate the need for CMS 

to continue to pay a contractor 

approximately $390,000 a year to 

perform initial analyses or desk reviews 

of the detailed MLR reports submitted 

by MA organizations and Part D 

sponsors. These initial analyses or desk 

reviews are done by our contractors in 

order to identify omissions and 

suspected inaccuracies and to 

communicate their findings to MA 

organizations and Part D sponsors in 

order to resolve potential compliance 

issues.’’ 

B. Correction of Errors in the 

Regulations Text 

§ 422.164 [Corrected] 

■ 1. On page 56498, third column, in 

§ 422.164(f)(4)(vi), lines 4 through 6, the 

reference ‘‘§§ 422.166(a)(2)(ii) through 

(iv) and 423.186(a)(2)(ii) through (iv)’’ is 

corrected to read, ‘‘§§ 422.166(a)(2)(iii) 

and 423.186(a)(2)(iii)’’. 

§ 423.120 [Corrected] 

■ 2. On page 56509, first column— 

■ a. Sixth paragraph, amendatory 

instruction 62e is corrected to read ‘‘e. 

In paragraph (b)(5)(i)(A), by removing 

the phrase ‘‘60 days’’ and adding in its 

place the phrase ‘‘30 days’’;’’. 

■ b. Eighth paragraph, amendatory 

instruction 62f is corrected to read ‘‘f. In 

paragraph (b)(5)(i)(B), by removing the 

phrase ‘‘60 day supply’’ and adding in 

its place the phrase ‘‘month’s supply’’;’’. 

§ 423.128 [Corrected] 

■ 3. On page 56510, second column— 

■ a. Third full paragraph, amendatory 

instruction 63 is corrected to read ‘‘63. 

Section 423.128 is amended by revising 

paragraphs (a)(3) and (d)(2)(iii) to reads 

as follows:’’. 

■ b. Following the third full paragraph, 

§ 423.128, the text is corrected by 

adding the following text after the 

section heading and before line 1 (5 

stars) to read as follows: 

’’ (a) * * * 

(3) At the time of enrollment and at 

least annually thereafter, by the first day 

of the annual coordinated election 

period.’’ 

§ 423.184 [Corrected] 

■ 4. On page 56516, third column, in 

§ 423.184(f)(4)(vi), line 4, the reference 

‘‘§ 423.186(a)(2)(ii)’’ is corrected to read 

‘‘§ 423.186(a)(2)(iii)’’. 

Dated: December 19, 2017. 

Ann C. Agnew, 

Executive Secretary to the Department, 

Department of Health and Human Services. 

[FR Doc. 2017–27943 Filed 12–27–17; 8:45 am] 

BILLING CODE 4120–01–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 63 

[WC Docket No. 17–84; FCC 17–154] 

Accelerating Wireline Broadband 

Deployment by Removing Barriers to 

Infrastructure Investment 

AGENCY: Federal Communications 

Commission. 

ACTION: Proposed rule. 

SUMMARY: In this document, a Further 

Notice of Proposed Rulemaking 

(FNPRM) seeks comment on a number 

of actions aimed at removing 

unnecessary regulatory barriers to the 

deployment of high-speed broadband 

networks. The FNPRM seeks comment 

on pole attachment reforms, changes to 

the copper retirement and other network 

change notification processes, and 

changes to the section 214(a) 

discontinuance application process. The 

Commission adopted the FNPRM in 

conjunction with a Report and Order 

and Declaratory Ruling in WC Docket 

No. 17–84. 

DATES: Comments are due on or before 

January 17, 2018, and reply comments 

are due on or before February 16, 2018. 

Written comments on the Paperwork 

Reduction Act proposed information 

collection requirements must be 

submitted by the public, Office of 

Management and Budget (OMB), and 

other interested parties on or before 

February 26, 2018. 

ADDRESSES: You may submit comments, 

identified by WC Docket No. 17–84, by 

any of the following methods: 

D Federal Communications 

Commission’s website: http://

apps.fcc.gov/ecfs/. Follow the 

instructions for submitting comments. 

D Mail: Parties who choose to file by 

paper must file an original and one copy 

of each filing. If more than one docket 

or rulemaking number appears in the 

caption of this proceeding, filers must 

submit two additional copies for each 

additional docket or rulemaking 

number. Filings can be sent by hand or 

messenger delivery, by commercial 

overnight courier, or by first-class or 

overnight U.S. Postal Service mail. All 

filings must be addressed to the 

Commission’s Secretary, Office of the 

Secretary, Federal Communications 

Commission. All hand-delivered or 

messenger-delivered paper filings for 

the Commission’s Secretary must be 

delivered to FCC Headquarters at 445 

12th St. SW, Room TW–A325, 

Washington, DC 20554. The filing hours 

are 8:00 a.m. to 7:00 p.m. All hand 

deliveries must be held together with 

rubber bands or fasteners. Any 

envelopes and boxes must be disposed 

of before entering the building. 

Commercial overnight mail (other than 

U.S. Postal Service Express Mail and 

Priority Mail) must be sent to 9050 

Junction Drive, Annapolis Junction, MD 

20701. U.S. Postal Service first-class, 

Express, and Priority mail must be 

addressed to 445 12th Street SW, 

Washington, DC 20554. 

D People with Disabilities: 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 & Governmental Affairs 

Bureau at 202–418–0530 (voice), 202– 

418–0432 (tty). 

For detailed instructions for 

submitting comments and additional 

information on the rulemaking process, 

see the SUPPLEMENTARY INFORMATION

section of this document. In addition to 

filing comments with the Secretary, a 

copy of any comments on the 

Paperwork Reduction Act information 

collection requirements contained 

herein should be submitted to the 

Federal Communications Commission 

via email to PRA@fcc.gov and to Nicole 

Ongele, Federal Communications 

Commission, via email to 

Nicole.Ongele@fcc.gov. 

FOR FURTHER INFORMATION CONTACT: 

Wireline Competition Bureau, 

Competition Policy Division, Michele 

Berlove, at (202) 418–1477, 

michele.berlove@fcc.gov, or Michael 

Ray, at (202) 418–0357, michael.ray@

fcc.gov. For additional information 

concerning the Paperwork Reduction 

Act information collection requirements 

contained in this document, send an 

email to PRA@fcc.gov or contact Nicole 

Ongele at (202) 418–2991. 

SUPPLEMENTARY INFORMATION: This is a 

summary of the Commission’s Further 

Notice of Proposed Rulemaking 

(FNPRM) in WC Docket No. 17–84, 

adopted November 16, 2017 and 

released November 29, 2017. The full 

text of this document is available for 

public inspection during regular 

business hours in the FCC Reference 

Information Center, Portals II, 445 12th 

Street SW, Room CY–A257, 

Washington, DC 20554. It is available on 

the Commission’s website at https://


sradovich on DSK3GMQ082PROD with PROPOSALS