54160 Federal Register / Vol. 73, No. 182 / Thursday, September 18, 2008 / Notices 

their obligations under the 

Communications Act, as amended. 

Federal Communications Commission. 

Marlene H. Dortch, 

Secretary. 

[FR Doc. E8–21864 Filed 9–17–08; 8:45 am] 

BILLING CODE 6712–01–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Centers for Medicare and Medicaid 

Services 

[Document Identifier: CMS–10137 and CMS– 

10237 and 10214] 

Emergency Clearance: Public 

Information Collection Requirements 

Submitted to the Office of Management 

and Budget (OMB) 

AGENCY: Center for Medicare and 

Medicaid Services, HHS. 

In compliance with the requirement 

of section 3506(c)(2)(A) of the 

Paperwork Reduction Act of 1995, the 

Centers for Medicare and Medicaid 

Services (CMS), Department of Health 

and Human Services, is publishing the 

following summary of proposed 

collections for public comment. 

Interested persons are invited to send 

comments regarding this burden 

estimate or any other aspect of this 

collection of information, including any 

of the following subjects: (1) The 

necessity and utility of the proposed 

information collection for the proper 

performance of the agency’s functions; 

(2) the accuracy of the estimated 

burden; (3) ways to enhance the quality, 

utility, and clarity of the information to 

be collected; and (4) the use of 

automated collection techniques or 

other forms of information technology to 

minimize the information collection 

burden. 

We are, however, requesting an 

emergency review of the information 

collection referenced below. In 

compliance with the requirement of 

section 3506(c)(2)(A) of the Paperwork 

Reduction Act of 1995, we have 

submitted to the Office of Management 

and Budget (OMB) the following 

requirements for emergency review. We 

are requesting an emergency review 

because the collection of this 

information is needed before the 

expiration of the normal time limits 

under OMB’s regulations at 5 CFR part 

1320(a)(2)(iii). This is necessary to 

ensure compliance with an initiative of 

the Administration. We cannot 

reasonably comply with the normal 

clearance procedures because the use of 

normal clearance procedures is 

reasonably likely to cause a statutory 

deadline to be missed. 

The Balanced Budget Act of 1997, 

established a new ‘‘Part C’’ in the 

Medicare statute, sections 1851 through 

1859 of the Social Security Act, which 

provided for a Medicare+Choice (M+C) 

program. The Medicare Prescription 

Drug, Improvement, and Modernization 

Act of 2003 (MMA) was enacted on 

December 8, 2003. The MMA 

established the Medicare Prescription 

Drug Benefit Program under section 101 

of the MMA and is codified in section 

1860D of the Social Security Act which 

establishes the voluntary Prescription 

Drug Benefit Program (‘‘Part D’’), and 

made revisions to the provisions of 

Medicare Part C, governing what is now 

called the Medicare Advantage (MA) 

program (formerly Medicare+Choice). 

The MMA was amended on July 15, 

2008 by the enactment of the Medicare 

Improvements for Patients and 

Providers Act of 2008 (MIPPA). 

CMS is in the process of publishing 

regulations that are intended to be 

released as an interim final rule with 

comment. Many of the provisions 

included in MIPPA that impact the Part 

C and Part D programs are selfimplementing, meaning these 

provisions will go into effect without 

any further regulatory clarification or 

changes to the Part C and Part D 

solicitations. As part of the revised 

information collection request, CMS 

will implement into the Part C 

solicitations, sections 163, 164, and 165 

of MIPPA, and implement into the Part 

D solicitations, sections 171, 172 and 

173 of MIPPA. These sections amend 

the contractual requirements that Part C 

and Part D sponsors (applicants) must 

have with CMS and with any 

downstream or related entities 

performing Part C and Part D functions 

on the sponsor’s behalf. Currently CMS 

provides templates that contain the 

required language for the contracts 

based on the statute and regulations. 

While applicants do not have to use the 

exact CMS contract templates, they will 

be responsible for including the 

required language in the contracts when 

they submit materials to CMS for the 

2010 contract year. 

The solicitations do not represent new 

policy, but rather implement the 

provisions that will exist in the 

forthcoming regulations, and include 

clarifying edits and updates as well. 

Therefore, CMS is seeking an emergency 

PRA clearance to amend the Part C and 

Part D solicitations to reflect the new 

MIPPA requirements. 

1. Type of Information Collection 

Request: Revision of a currently 

approved collection; Title of 

Information Collection: Application for 

Prescription Drug Plans (PDP); 

Application for Medicare Advantage 

Prescription Drug (MA–PD); 

Application for Cost Plans to Offer 

Qualified Prescription Drug Coverage; 

Application for Employer Group Waiver 

Plans to Offer Prescription Drug 

Coverage; Service Area Expansion 

Application for Prescription Drug 

Coverage; Use: Collection of this 

information is mandated in Part D of the 

Medicare Prescription Drug, 

Improvement, and Modernization Act of 

2003 and under supporting regulations 

Subpart K of 42 CFR 423 entitled 

‘‘Application Procedures and Contracts 

with PDP Sponsors.’’ 

Coverage for the prescription drug 

benefit is provided through contracted 

prescription drug plans (PDPs) or 

through Medicare Advantage (MA) 

plans that offer integrated prescription 

drug and health care coverage (MA–PD 

plans). Cost Plans that are regulated 

under Section 1876 of the Social 

Security Act, and Employer Group 

Waiver Plans (EGWP) may also provide 

a Part D benefit. Organizations wishing 

to provide services under the 

Prescription Drug Benefit Program must 

complete an application, negotiate rates 

and receive final approval from CMS. 

Existing Part D Sponsors may also 

expand their contracted service area by 

completing the Service Area Expansion 

(SAE) application. The information will 

be collected under the solicitation of 

proposals from PDP, MA–PD, Cost Plan, 

PACE, and EGWP Plan applicants. The 

collected information will be used by 

CMS to: (1) Ensure that applicants meet 

CMS requirements, (2) support the 

determination of contract awards. Form 

Number: CMS–10137 (OMB#: 0938– 

0936); Frequency: Reporting—Once; 

Affected Public: Business or other forprofit and Not-for-profit institutions; 

Number of Respondents: 455 Total 

Annual Responses: 455; Total Annual 

Hours: 11,890. 

2. Type of Information Collection 

Request: Revision of a currently 

approved collection; Title of 

Information Collection: Medicare 

Advantage Applications—Part C; Use: 

Collection of this information is 

mandated in Part C of the Medicare 

Prescription Drug, Improvement and 

Modernization Act of 2003 (MMA) in 

Subpart K of 42 CRF 422 entitled 

‘‘Contracts with Medicare Advantage 

Organizations.’’ Under section 

1851(a)(1) of the Act, every individual 

entitled to Medicare Part A and enrolled 

under Part B, except for most 

individuals with end-stage renal 

disease, could elect to receive benefits 

either through the Original Medicare 


dwashington3 on PRODPC61 with NOTICES
Federal Register / Vol. 73, No. 182 / Thursday, September 18, 2008 / Notices 54161 

Program or an M+C plan, if one was 

offered where he or she lived. 

Coverage for the prescription drug 

benefit is provided through contracted 

prescription drug plans or through 

Medicare Advantage (MA) plans that 

offer integrated prescription drug and 

health care coverage (MA–PD plans). 

Cost plans that are required under 

section 1876 of the Social Security Act, 

and Employer Group Waiver Plans 

(EGWP) may also provide a Part D 

benefit. Organizations wishing to 

provide services under the MA and 

MA–PD plans must complete an 

application, negotiate rates and receive 

final approval from CMS. Certain 

existing MA plans may also expand 

their contracted area by completing the 

Service Area Expansion (SAE) 

application. The information will be 

collected under the solicitation of 

proposals from MA–PD, Cost Plan, 

EGWP Plan applicants. The collection 

information will be used by CMS to: (1) 

ensure that applicants meet CMS 

requirements, (2) support the 

determination of contract awards. Form 

Number: CMS–10237 and 10214 

(OMB#: 0938–0935); Frequency: 

Reporting—Yearly; Affected Public: 

Business or other for-profit and Not-forprofit institutions; Number of 

Respondents: 267; Total Annual 

Responses: 267; Total Annual Hours: 

6,709. 

CMS is requesting OMB review and 

approval of this collection by December 

12, 2008, with a 180-day approval 

period. Written comments and 

recommendation will be considered 

from the public if received by the 

individuals designated below by the 

noted deadline below. 

To obtain copies of the supporting 

statement and any related forms for the 

proposed paperwork collections 

referenced above, access CMS’s Web site 

address at http://www.cms.hhs.gov/ 

PaperworkReductionActof1995 or Email your request, including your 

address, phone number, OMB number, 

and CMS document identifier, to 

Paperwork@cms.hhs.gov, or call the 

Reports Clearance Office on (410) 786– 

1326. 

In commenting on the proposed 

information collections please reference 

the document identifier or OMB control 

number. To be assured consideration, 

comments and recommendations must 

be submitted in one of the following 

ways by October 20, 2008: 

1. Electronically. You may submit 

your comments electronically to http:// 

www.regulations.gov. Follow the 

instructions for ‘‘Comment or 

Submission’’ or ‘‘More Search Options’’ 

to find the information collection 

document(s) accepting comments. 

2. By regular mail. You may mail 

written comments to the following 

address: CMS, Office of Strategic 

Operations and Regulatory Affairs, 

Division of Regulations Development, 

Attention: Document Identifier/OMB 

Control Number llll, Room C4–26– 

05, 7500 Security Boulevard, Baltimore, 

Maryland 21244–1850; and, OMB Office 

of Information and Regulatory Affairs, 

Attention: CMS Desk Officer, New 

Executive Office Building, Room 10235, 

Washington, DC 20503, Fax Number: 

(202) 395–6974. 

Dated: September 8, 2008. 

Michelle Shortt, 

Director, Regulations Development Group, 

Office of Strategic Operations and Regulatory 

Affairs. 

[FR Doc. E8–21669 Filed 9–15–08; 9:00 am] 

BILLING CODE 4120–01–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Administration for Children and 

Families 

Proposed Information Collection 

Activity; Comment Request 

Proposed Projects: 

Title: Interstate Referral Guide (IRG). 

OMB No.: 0970–0209. 

Description: The purpose of the 

Intergovernmental Referral Guide (IRG) 

project is to provide States, Foreign 

Nations and Tribes with an effective and 

efficient way of viewing and updating 

their profiles with child support 

enforcement policies and procedures, 

and their address and location code 

information by consolidating data 

available through numerous discrete 

sources into a centralized, automated 

repository. 

Respondents: State IV–D Child 

Support Programs, Foreign Nation Child 

Support Programs and Tribes. 

ANNUAL BURDEN ESTIMATES

Instrument Number of 

respondents 

Number of 

responses 

per 

respondent 

Average 

burden 

hours per 

response 

Total 

burden 

hours 

IRG State User Guide (States and Territories) ............................................................... 54 18 0.30 291.60 

IRG State User Guide (Foreign Nations ......................................................................... 23 2 0.10 4.60 

IRG Tribal User Guide ..................................................................................................... 44 18 0.30 237.60 

Estimated Total Annual Burden Hours ..................................................................... .................... .................... .................... 533.80 

In compliance with the requirements 

of Section 506(c)(2)(A) of the Paperwork 

Reduction Act of 1995, the 

Administration for Children and 

Families is soliciting public comment 

on the specific aspects of the 

information collection described above. 

Copies of the proposed collection of 

information can be obtained and 

comments may be forwarded by writing 

to the Administration for Children and 

Families, Office of Administration, 

Office of Information Services, 370 

L’Enfant Promenade, SW., Washington, 

DC 20447, Attn: ACF Reports Clearance 

Officer. E-mail address: 

infocollection@acf.hhs.gov. All requests 

should be identified by the title of the 

information collection. 

The Department specifically requests 

comments on: (a) Whether the proposed 

collection of information is necessary 

for the proper performance of the 

functions of the agency, including 

whether the information shall have 

practical utility; (b) the accuracy of the 

agency’s estimate of the burden of the 

proposed collection of information; (c) 

the quality, utility, and clarity of the 

information to be collected; and (d) 

ways to minimize the burden of the 

collection of information on 

respondents, including through the use 

of automated collection techniques or 

other forms of information technology. 

Consideration will be given to 

comments and suggestions submitted 

within 60 days of this publication. 


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