Federal Register / Vol. 60, No. 78 / Monday, April 24, 1995 / Rules and Regulations 20051

subpart D, if applicable, and subparts H,

J, K, M, and P of this part;

* * * * *

(4) Permit HHS or its designee upon

request to review all information and

data necessary to—

* * * * *

(iii) Determine whether the laboratory

is performing tests in addition to

procedures specified as PPM

procedures; (iv) Collect information

regarding the appropriateness of tests

specified as PPM procedures; and

* * * * *

51. In § 493.1777, introductory text to

the section is added and the heading

and paragraphs (a) and (g) are revised to

read as follows:

§ 493.1777 Condition: Inspection of

laboratories requesting or issued a

certificate of compliance.

Laboratories requesting or issued a

certificate of compliance must permit an

inspection to assess compliance with

part 493 of this chapter. Testing in the

subcategory of PPM procedures, may be

included in the laboratory’s routine or

complaint inspection. PPM procedures

are assessed for compliance with only

the applicable requirements specific to

the subcategory of testing.

(a) HHS or its designee may conduct

unannounced or announced inspections

on at least a biennial basis of any

laboratory at any time during its hours

of operation. To assess compliance with

the requirements of part 493, HHS will

inspect a laboratory possessing a

registration certificate before issuance of

a certificate of compliance.

* * * * *

(g) Failure to permit an inspection

under this subsection will result in the

suspension of Medicare and Medicaid

payments to the laboratory, or

termination of the laboratory’s

participation in Medicare and Medicaid

for payment, and suspension of or

action to revoke the laboratory’s CLIA

certificate of compliance in accordance

with subpart R of this part.

§ 493.1804 [Amended]

52. In § 493.1804(b)(2), the word

‘‘ore’’ is revised to read ‘‘or’’.

53. In § 493.1814, the introductory

text of paragraph (b) is republished and

paragraph (b)(3) is revised to read as

follows:

§ 493.1814 Action when deficiencies are at

the condition level but do not pose

immediate jeopardy.

* * * * *

(b) Failure to correct condition level

deficiencies. If HCFA imposes

alternative sanctions for condition level

deficiencies that do not pose immediate

jeopardy, and the laboratory does not

correct the condition level deficiencies

within 12 months after the last day of

inspection, HCFA—

* * * * *

(3) May impose (or continue, if

already imposed) any alternative

sanctions that do not pertain to

Medicare payments. (Sanctions imposed

under the authority of section 353 of the

PHS Act may continue for more than 12

months from the last date of inspection,

while a hearing on the proposed

suspension, limitation, or revocation of

the certificate of compliance,

registration certificate, certificate of

accreditation, or certificate for PPM

procedures is pending.)

* * * * *

54. In § 493.1834, the heading and

introductory text of paragraph (f)(2) are

republished and paragraphs (b) and

(f)(2)(iii) are revised to read as follows:

§ 493.1834 Civil money penalty.

* * * * *

(b) Scope. This section sets forth the

procedures that HCFA follows to

impose a civil money penalty in lieu of,

or in addition to, suspending, limiting,

or revoking the certificate of

compliance, registration certificate,

certificate of accreditation, or certificate

for PPM procedures of a laboratory that

is found to have condition level

deficiencies.

* * * * *

(f) Accrual and duration of penalty—

* * * * *

(2) Duration of penalty. The civil

money penalty continues to accrue until

the earliest of the following occurs:

* * * * *

(iii) HCFA suspends, limits, or

revokes the laboratory’s certificate of

compliance, registration certificate,

certificate of accreditation, or certificate

for PPM procedures.

* * * * *

55. In § 493.1836, the heading of

paragraph (c) is republished and

paragraphs (c)(2) and (c)(3) are revised

to read as follows:

§ 493.1836 State onsite monitoring.

* * * * *

(c) Duration of sanction.

* * * * *

(2) If the laboratory does not correct

all deficiencies within 12 months, and

a revisit indicates that deficiencies

remain, HCFA cancels the laboratory’s

approval for Medicare payment for its

services and notifies the laboratory of its

intent to suspend, limit, or revoke the

laboratory’s certificate of compliance,

registration certificate, certificate of

accreditation, or certificate for PPM

procedures.

(3) If the laboratory still does not

correct its deficiencies, the Medicare

sanction continues until the suspension,

limitation, or revocation of the

laboratory’s certificate of compliance,

registration certificate, certificate of

accreditation, or certificate for PPM

procedures is effective.

56. In § 493.2001, paragraph (e) and

paragraph (e)(1) are revised to read as

follows:

§ 493.2001 Establishment and function of

the Clinical Laboratory Improvement

Advisory Committee.

* * * * *

(e) The Clinical Laboratory

Improvement Advisory Committee or

subcommittee, at the request of HHS,

will review and make recommendations

concerning:

(1) Criteria for categorizing tests and

examinations of moderate complexity

(including the subcategory) and high

complexity;

* * * * *

(Catalog of Federal Domestic Assistance

Program No. 93.778, Medical Assistance;

Program No. 93.773, Medicare—Hospital

Insurance; and Program No. 93.774,

Medicare—Supplementary Medical

Insurance Program)

Dated: December 23, 1994.

Philip R. Lee,

Assistant Secretary for Health.

Bruce C. Vladeck,

Administrator, Health Care Financing

Administration.

Dated: December 27, 1994.

Donna E. Shalala,

Secretary.

[FR Doc. 95–9953 Filed 4–21–95; 8:45 am]

BILLING CODE 4120–01–P

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Part 61

[CC Docket No. 93–179, FCC 95–133]

Price Cap Rules for Local Exchange

Carriers

AGENCY: Federal Communications

Commission.

ACTION: Final rule.

SUMMARY: This action is taken to

incorporate explicitly the ‘‘add-back’’

adjustment into the local exchange

carrier (LEC) price cap rules. The

explicit add-back rule will first be

applied when the LECs file their 1995

access tariffs. It is intended that the

explicit add-back rule will ensure that
20052 Federal Register / Vol. 60, No. 78 / Monday, April 24, 1995 / Rules and Regulations

the LEC price cap plan operates as the

Commission intended when it adopted

the LEC price cap plan.

EFFECTIVE DATE: May 24, 1995.

FOR FURTHER INFORMATION CONTACT:

Joanne F. Wall, (202) 418–1550.

SUPPLEMENTARY INFORMATION: On March

30, 1995, the Commission adopted a

Report and Order in CC Docket No. 93–

179 amending the Commission’s LEC

price cap rules. This order makes

explicit the requirement that LECs must

exclude the effects of sharing and lowend adjustments relating to the prior

year before computing the earnings

levels that determine required sharing

or permitted low-end adjustments for

the current year. The Commission found

that this requirement, known as the

‘‘add-back adjustment’’ rule, is essential

to ensure that the sharing and low-end

adjustments of the LEC price cap plan

achieve their intended purpose.

The full text of this item is available

for inspection and copying during

normal business hours in the FCC

Reference Center (Room 239) of the

Federal Communications Commission,

1919 M Street, NW., Washington, DC

20554. The complete text of this

decision may be purchased from the

Commission’s duplicating contractor,

International Transcription Service,

Inc., 2100 M Street, NW., Suite 140,

Washington, DC 20036, (202) 857–3800.

List of Subjects in 47 CFR Part 61

Communications common carriers,

Reporting and recordkeeping

requirements, Telegraph, Telephone.

Federal Communications Commission.

William F. Caton,

Acting Secretary.

Part 61 of Title 47 of the Code of

Federal Regulations is amended as

follows:

PART 61—TARIFFS

1. The authority citation continues to

read as follows:

Authority: Secs. 1, 4(i), 4(j), 201–205, and

403 of the Communications Act of 1934, as

amended; 47 U.S.C. 151, 154(i), 154(j), 201–

205, and 403.

2. Section 61.3(e) is amended by

adding a last sentence to read as

follows:

§ 61.3 Definitions.

* * * * *

(e) * * * Base year or base period

earnings shall not include amounts

associated with exogenous adjustments

to the PCI for the sharing or lower

formula adjustment mechanisms.

* * * * *

[FR Doc. 95–10027 Filed 4–21–95; 8:45 am]

BILLING CODE 6712–01–M

47 CFR Part 73

[MM Docket No. 94–142; RM–8546]

Radio Broadcasting Services;

Knoxville, IL

AGENCY: Federal Communications

Commission.

ACTION: Final rule.

SUMMARY: This document allots Channel

287A to Knoxville, Illinois, as that

community’s first local aural service, at

the request of John Pritchard, See 59 FR

64381, December 14, 1994. Channel

287A can be allotted to Knoxville in

compliance with the Commission’s

minimum distance separation

requirements without a site restriction.

The coordinates for Channel 287A at

Knoxville, Illinois, are North Latitude

40–54–30 and West Longitude 90–16–

54. With this action, this proceeding is

terminated.

DATES: Effective May 29, 1995. The

window period for filing applications

for Channel 287A at Knoxville, Illinois

will open on May 29, 1995, and close

on June 13, 1995.

FOR FURTHER INFORMATION CONTACT:

Nancy J. Walls, Mass Media Bureau,

(202) 418–2180.

SUPPLEMENTARY INFORMATION: This is a

synopsis of the Commission’s Report

and Order, MM Docket No. 94–142,

adopted April 12, 1995, and released

April 19, 1995. 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, D.C. The complete text of

this decision may also be purchased

from the Commission’s copy

contractors, International Transcription

Service, Inc., (202) 857–3800, 1919 M

Street, NW, Room 246, or 2100 M Street,

NW, Suite 140, Washington, D. C.

20037.

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: Secs. 303, 48 Stat., as amended,

1082; 47 U.S.C. 154, as amended.

§ 73.202 [Amended]

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

Allotments under Illinois, is amended

by adding Knoxville, Channel 287A.

Federal Communications Commission.

John A. Karousos,

Chief, Allocations Branch, Policy and Rules

Division, Mass Media Bureau.

[FR Doc. 95–10026 Filed 4–21–95; 8:45 am]

BILLING CODE 6712–01–F

47 CFR Part 73

[MM Docket No.94–68; RM–8486]

Radio Broadcasting Services; Billings,

MT

AGENCY: Federal Communications

Commission.

ACTION: Final rule.

SUMMARY: This document allots Channel

286A to Billings, Montana, as that

community’s seventh FM broadcast

service in response to a petition filed by

Bruce L. Erickson. See 59 FR 35293, July

11, 1994. The coordinates for Channel

286A are 45–46–58 and 108–30–13.

With this action this proceeding is

terminated.

DATES: Effective May 29, 1995. The

window period for filing applications

for Channel 286A at Billings will open

on May 29, 1995, and close on June 13,

1995.

FOR FURTHER INFORMATION CONTACT:

Kathleen Scheuerle, Mass Media

Bureau, (202) 418–2180.

SUPPLEMENTARY INFORMATION: This is a

summary of the Commission’s Report

and Order, MM Docket No. 94–68,

adopted April 12, 1995, and released

April 19, 1995. The full text of this

Commission decision is available for

inspection and copying during normal

business hours in the Commission’s

Reference Center (Room 239), 1919 M

Street, NW, Washington, D.C. The

complete text of this decision may also

be purchased from the Commission’s

copy contractors, International

Transcription Services, Inc., 2100 M

Street, NW., suite 140, Washington, DC

20037, (202) 857–3800.

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: Secs. 303, 48 Stat., as amended,

1082; 47 U.S.C. 154, as amended.