Federal Register / Vol. 87, No. 101 / Wednesday, May 25, 2022 / Proposed Rules 31833 

insurance, Intergovernmental relations, 

Penalties, Reporting and recordkeeping 

requirements. 

For the reasons set forth in the 

preamble, the Centers for Medicare & 

Medicaid Services proposes to amend 

42 CFR part 600 as set forth below: 

PART 600—ADMINISTRATION, 

ELIGIBILITY, ESSENTIAL HEALTH 

BENEFITS, PERFORMANCE 

STANDARDS, SERVICE DELIVERY 

REQUIREMENTS, PREMIUM AND 

COST SHARING, ALLOTMENTS, AND 

RECONCILIATION 

■ 1. The authority citation for part 600 

continues to read as follows: 

Authority: Section 1331 of the Patient 

Protection and Affordable Care Act of 2010 

(Pub. L. 111–148, 124 Stat. 119), as amended 

by the Health Care and Education 

Reconciliation Act of 2010 (Pub. L. 111–152, 

124 Stat 1029). 

■ 2. Amend § 600.610— 

■ a. By revising paragraphs (a)(1) and 

(b)(1); and 

■ b. In paragraph (c)(2)(ii), by removing 

the phrase ‘‘during the application of 

the BHP funding methodology’’ and 

adding in its place the phrase ‘‘during 

the application or development of the 

BHP funding methodology’’. 

The revisions read as follows: 

§ 600.610 Secretarial determination of BHP 

payment amount. 

(a) * * * 

(1) Beginning in FY 2015, the 

Secretary will determine and publish in 

a Federal Register document the BHP 

payment methodology for the next 

calendar year, or for multiple calendar 

years beginning in calendar year 2022, 

as determined by the Secretary. 

Beginning in calendar year 2023, in 

years in which the Secretary does not 

publish a new BHP methodology, the 

Secretary will update the values of 

factors needed to calculate the Federal 

BHP payments via subregulatory 

guidance, as appropriate. Beginning in 

calendar year 2023, in years that the 

Secretary publishes a revised payment 

methodology, the Secretary will publish 

a proposed BHP payment methodology 

upon receiving certification from the 

Chief Actuary of CMS. 

* * * * * 

(b) * * * 

(1) Beginning in calendar year 2023, 

in years that the Secretary publishes a 

revised payment methodology, the 

Secretary will determine and publish 

the final BHP payment methodology 

and BHP payment amounts in a Federal 

Register document. 

* * * * * 

Dated: May 18, 2022. 

Xavier Becerra, 

Secretary, Department of Health and Human 

Services. 

[FR Doc. 2022–11047 Filed 5–23–22; 11:15 am] 

BILLING CODE 4120–01–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 1 

[WC Docket No. 19–195, DA 22–543; FR ID 

88208] 

Broadband Data Task Force, Wireless 

Telecommunications Bureau, Wireline 

Competition Bureau, and Office of 

Economics and Analytics Seek 

Comment on Competitive Carriers 

Association Petition for Declaratory 

Ruling or Limited Waiver Regarding 

the Requirement for a Certified 

Professional Engineer To Certify 

Broadband Data Collection Maps 

AGENCY: Federal Communications 

Commission. 

ACTION: Petition for Declaratory Ruling 

and Limited Waiver; request for 

comments. 

SUMMARY: In this document, the 

Broadband Data Task Force (BDTF), 

Wireless Telecommunications Bureau 

(WTB), the Wireline Competition 

Bureau (WCB), and the Office of 

Economics and Analytics (OEA) seek 

comment on a Petition for Declaratory 

Ruling or Limited Waiver filed by the 

Competitive Carriers Association (CCA) 

requesting that the Commission issue a 

declaratory ruling to clarify that 

Broadband Data Collection (BDC) filings 

may be certified by a qualified 

professional engineer or an otherwisequalified engineer that is not a licensed 

professional engineer accredited by a 

state licensure board. 

DATES: Comments are due on or before 

June 8, 2022. Reply Comments are due 

on or before June 15, 2022. 

ADDRESSES: You may submit comments, 

identified by WC Docket No. 19–195, by 

any of the following methods: 

• Electronic Filers: Comments may be 

filed electronically using the internet by 

accessing the ECFS: https:// 

www.fcc.gov/ecfs. 

• Paper Filers: Parties who choose to 

file by paper must file an original and 

one copy of each filing. 

• Filings can be sent 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. 

• 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 45 L Street NE, 

Washington, DC 20554. 

• Effective March 19, 2020, and until 

further notice, the Commission no 

longer accepts any hand or messenger 

delivered filings. This is a temporary 

measure taken to help protect the health 

and safety of individuals, and to 

mitigate the transmission of COVID–19. 

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 & Government Affairs 

Bureau at 202–418–0530 (voice, 202– 

418–0432 (tty). 

FOR FURTHER INFORMATION CONTACT: Will 

Holloway, William.Holloway@fcc.gov, 

Wireless Telecommunications Bureau, 

or Kirk Burgee, Kirk.Burgee@fcc.gov, 

Wireline Competition Bureau. 

SUPPLEMENTARY INFORMATION: This is a 

summary of the Commission’s Public 

Notice in WC Docket No 19–195, DA 

22–543, released on May 17, 2022. The 

full text of this document is available for 

public inspection and can be 

downloaded at https://www.fcc.gov/ 

document/bdtf-wtb-wcb-and-oea-seekcomment-petition-filed-cca or by using 

the Commission’s ECFS web page at 

www.fcc.gov/ecfs. 

Ex Parte Rules 

This proceeding shall be treated as a 

‘‘permit-but-disclose’’ proceeding in 

accordance with the Commission’s ex 

parte rules. Persons making ex parte 

presentations must file a copy of any 

written presentation or a memorandum 

summarizing any oral presentation 

within two business days after the 

presentation (unless a different deadline 

applicable to the Sunshine period 

applies). Persons making oral ex parte 

presentations are reminded that 

memoranda summarizing the 

presentation must: (1) List all persons 

attending or otherwise participating in 

the meeting at which the ex parte 

presentation was made; and (2) 

summarize all data presented and 

arguments made during the 

presentation. If the presentation 

consisted in whole or in part of the 

presentation of data or arguments 

already reflected in the presenter’s 

written comments, memoranda, or other 

filings in the proceeding, the presenter 

may provide citations to such data or 

arguments in his or her prior comments, 


lotter on DSK11XQN23PROD with PROPOSALS1
31834 Federal Register / Vol. 87, No. 101 / Wednesday, May 25, 2022 / Proposed Rules 

memoranda, or other filings (specifying 

the relevant page and/or paragraph 

numbers where such data or arguments 

can be found) in lieu of summarizing 

them in the memorandum. Documents 

shown or given to Commission staff 

during ex parte meetings are deemed to 

be written ex parte presentations and 

must be filed consistent with § 1.1206(b) 

of the Commission’s rules. In 

proceedings governed by § 1.49(f) of the 

rules or for which the Commission has 

made available a method of electronic 

filing, written ex parte presentations 

and memoranda summarizing oral ex 

parte presentations, and all attachments 

thereto, must be filed through the 

electronic comment filing system 

available for that proceeding, and must 

be filed in their native format (e.g., .doc, 

.xml., .ppt, searchable .pdf). Participants 

in this proceeding should familiarize 

themselves with the Commission’s ex 

parte rules. 

Synopsis 

On May 13, 2022, the Competitive 

Carriers Association (CCA) filed a 

Petition for Declaratory Ruling or 

Limited Waiver asking the Commission 

to clarify that Broadband Data 

Collection (BDC) filings may be certified 

by a qualified professional engineer or 

an otherwise-qualified engineer that is 

not a licensed professional engineer 

accredited by a state licensure board. 

The Commission’s rules require that an 

engineer review and certify the accuracy 

of the broadband availability data 

submitted by mobile and fixed 

providers as part of the BDC. In 

particular, the Commission requires 

each mobile and fixed service provider 

to include certifications as to the 

accuracy of its data submissions by a 

certified professional engineer or 

corporate engineering officer, in which 

the engineer certifies ‘‘that he or she has 

examined the information contained in 

the submission and that, to the best of 

the engineer’s actual knowledge, 

information, and belief, all statements of 

fact contained in the submission are 

true and correct and in accordance with 

the service provider’s ordinary course of 

network design and engineering.’’ This 

certification is in addition to the 

corporate officer certification required 

by the Broadband DATA Act. For 

government and other third-party 

entities that submit verified broadband 

availability data, the engineering 

certification must also include a 

certification by a certified professional 

engineer that he or she is employed by 

the government or other third-party 

entity submitting the verified broadband 

availability data and has direct 

knowledge of, or responsibility for, the 

generation of the government or other 

entity’s Broadband Data Collection 

coverage maps. 

In its petition, CCA asserts that the 

‘‘experience and expertise developed by 

[Radio Frequency (RF)] engineers 

through their work provides 

comprehensive skills relevant to 

broadband deployment [and] provides 

skills comparable to, and perhaps more 

relevant than, general licensure through 

the PE . . . exam process.’’ CCA 

therefore requests that the Commission 

clarify that the requirement in 47 CFR 

1.7004(d) that all providers must 

include as part of their BDC filing a 

certification of the accuracy of its 

submissions by a certified professional 

engineer may be completed by either a 

licensed professional engineer or an 

otherwise qualified engineer who 

possesses the appropriate engineering 

expertise but does not hold a 

professional engineer license. 

Additionally, CCA requests that the 

Commission clarify that the term 

‘‘corporate engineering officer’’ may be 

any employee who has ‘‘direct 

knowledge’’ and is ‘‘responsible for’’ the 

carrier’s network design and 

construction and who possesses a 

Bachelor of Science degree in 

Engineering. Alternatively, CCA 

requests a limited waiver of the 

requirement that BDC data be certified 

by a licensed professional engineer, and 

instead allow mobile providers to certify 

their data with an RF engineering 

professional with specified 

qualifications that are directly relevant 

to broadband availability assessment. 

CCA recommends that if the 

Commission seeks to specify 

qualification standards or requirements 

for engineers to certify broadband 

availability, it should adopt standards 

that specifically relate to broadband 

availability assessment, such as 

academic and employment experience, 

RF and propagation modeling 

experience, and knowledge relevant to 

wireless carriers’ networks. 

Federal Communications Commission. 

Amy Brett, 

Acting Chief of Staff, Wireless 

Telecommunications Bureau. 

[FR Doc. 2022–11193 Filed 5–24–22; 8:45 am] 

BILLING CODE 6712–01–P 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

50 CFR Part 17 

[Docket No. FWS–HQ–ES–2021–0073; 

FF09E22000 FXES1111090FEDR 223] 

RIN 1018–BF34 

Endangered and Threatened Wildlife 

and Plants; Endangered Species 

Status for Russian, Ship, Persian, and 

Stellate Sturgeon 

AGENCY: Fish and Wildlife Service, 

Interior. 

ACTION: Proposed rule. 

SUMMARY: We, the U.S. Fish and 

Wildlife Service (Service), propose to 

list four species of Eurasian sturgeon as 

endangered species under the 

Endangered Species Act of 1973, as 

amended (Act). Specifically, we are 

proposing to list the Russian sturgeon 

(Acipenser gueldenstaedtii), ship 

sturgeon (A. nudiventris), Persian 

sturgeon (A. persicus), and stellate 

sturgeon (A. stellatus), all large fish 

native to the Black, Azov, Aral, Caspian, 

and northern Aegean Sea basins and 

their rivers in Europe and western Asia. 

This determination also serves as our 

12-month finding on a petition to list 

these four species. After a review of the 

best scientific and commercial 

information available, we find that 

listing all four species is warranted. 

Accordingly, we propose to list the 

Russian, ship, Persian, and stellate 

sturgeon as endangered species under 

the Act. If we finalize this rule as 

proposed, it would add these species to 

the List of Endangered and Threatened 

Wildlife and extend the Act’s 

protections to the four species. 

DATES: We will accept comments 

received or postmarked on or before July 

25, 2022. Comments submitted 

electronically using the Federal 

eRulemaking Portal (see ADDRESSES, 

below) must be received by 11:59 p.m. 

eastern time on the closing date. We 

must receive requests for a public 

hearing, in writing, at the address 

shown in FOR FURTHER INFORMATION

CONTACT by July 11, 2022. 

ADDRESSES: You may submit comments 

by one of the following methods: 

(1) Electronically: Go to the Federal 

eRulemaking Portal: https://

www.regulations.gov. In the Search box, 

enter FWS–HQ–ES–2021–0073, which 

is the docket number for this 

rulemaking. Then, click on the Search 

button. On the resulting page, in the 

panel on the left side of the screen, 

under the Document Type heading, 


lotter on DSK11XQN23PROD with PROPOSALS1