Federal Register / Vol. 75, No. 166 / Friday, August 27, 2010 / Rules and Regulations 52649 

ordering physician or non-physician 

practitioner to contact them concerning 

the furnishing of a Medicare-covered 

item that is to be rented or purchased. 

(ii) The supplier has furnished a 

Medicare-covered item to the individual 

and the supplier is contacting the 

individual to coordinate the delivery of 

the item. 

(iii) If the contact concerns the 

furnishing of a Medicare-covered item 

other than a covered item already 

furnished to the individual, the supplier 

has furnished at least one covered item 

to the individual during the 15-month 

period preceding the date on which the 

supplier makes such contact. 

* * * * * 

(27) Must obtain oxygen from a Statelicensed oxygen supplier (applicable 

only to those suppliers in States that 

require oxygen licensure.) 

(28) Is required to maintain ordering 

and referring documentation consistent 

with the provisions found in 

§ 424.516(f) 

(29)(i) Except as specified in 

paragraph (c)(29)(ii) of this section, is 

prohibited from sharing a practice 

location with any other Medicare 

supplier or provider. 

(ii) The prohibition specified in 

paragraph (c)(29)(i) of this section is not 

applicable at a practice location that 

meets one of the following: 

(A) Where a physician whose services 

are defined in section 1848(j)(3) of the 

Act or a nonphysician practitioner, as 

described in section 1842(b)(18)(C) of 

the Act, furnishes items to his or her 

own patient as part of his or her 

professional service. 

(B) Where a physical or occupational 

therapist whose services are defined in 

sections 1861(p) and 1861(g) of the Act, 

furnishes items to his or her own patient 

as part of his or her professional service. 

(C) Where a DMEPOS supplier is colocated with and owned by an enrolled 

Medicare provider (as described in 

§ 489.2(b) of this chapter). The DMEPOS 

supplier— 

(1) Must operate as a separate unit; 

and 

(2) Meet all other DMEPOS supplier 

standards. 

(30)(i) Except as specified in 

paragraph (c)(30)(ii) of this section, is 

open to the public a minimum of 30 

hours per week. 

(ii) The provision of paragraph 

(c)(30)(i) of this section is not applicable 

at a practice location where a— 

(A) Physician whose services are 

defined in section 1848(j)(3) of the Act 

furnishes items to his or her own 

patient(s) as part of his or her 

professional service; 

(B) Licensed non-physician 

practitioners whose services are defined 

in sections 1861(p) and 1861(g) of the 

Act furnishes items to his or her own 

patient(s) as part of his or her 

professional service; or 

(C) DMEPOS supplier is working with 

custom made orthotics and prosthetics. 

* * * * * 

(e) Failure to meet standards—(1) 

Revocation. CMS revokes a supplier’s 

billing privileges if it is found not to 

meet the standards in paragraphs (b) 

and (c) of this section. Except as 

otherwise provided in this section, the 

revocation is effective 30 days after the 

entity is sent notice of the revocation, as 

specified in § 405.874 of this 

subchapter. 

(2) Overpayments associated with 

final adverse actions. CMS or a CMS 

contractor may reopen (in accordance 

with § 405.980 of this chapter) all 

Medicare claims paid on or after the 

date of a final adverse action (as defined 

in paragraph (a) of this section) in order 

to establish an overpayment 

determination. 

* * * * * 

Authority: (Catalog of Federal Domestic 

Assistance Program No. 93.773, Medicare— 

Hospital Insurance; and Program No. 93.774, 

Medicare—Supplementary Medical 

Insurance Program). 

Dated: August 19, 2010. 

Donald M. Berwick, 

Administrator, Centers for Medicare & 

Medicaid Services. 

Approved: August 24, 2010. 

Kathleen Sebelius, 

Secretary. 

[FR Doc. 2010–21354 Filed 8–26–10; 8:45 am] 

BILLING CODE 4120–01–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 73 

[DA 10–1521; MB Docket No. 10–22, RM– 

11591]. 

Radio Broadcasting Services; 

DeBeque, Colorado 

AGENCY: Federal Communications 

Commission. 

ACTION: Final rule. 

SUMMARY: The Audio Division grants a 

Petition for Rule Making issued at the 

request of Cochise Media Licenses, LLC, 

requesting the substitution of Channel 

247C3 for vacant Channel 275C3 at 

DeBeque to accommodate the hybrid 

application, proposing the reallotment 

of Channel 274C3, Crawford, Colorado, 

to Channel 275C3 at Battlement Mesa, 

Colorado, as its first local service. A 

staff engineering analysis indicates that 

Channel 247C3 can be allotted to 

DeBeque consistent with the minimum 

distance separation requirements of the 

Rules with a site restriction 13.8 

kilometers (8.5 miles) northeast of the 

community. The reference coordinates 

are 39–24–45 NL and 108–05–26 WL. 

DATES: Effective September 30, 2010. 

ADDRESSES: Secretary, Federal 

Communications Commission, 445 

Twelfth Street, SW., Washington, DC. 

20554. 

FOR FURTHER INFORMATION CONTACT: 

Rolanda F. Smith, Media Bureau, (202) 

418–2180. 

SUPPLEMENTARY INFORMATION: This is a 

summary of the Commission’s Report 

and Order, MB Docket No. 10–22, 

adopted August 12, 2010, and released 

August 16, 2010. The Notice of 

Proposed Rule Making proposed the 

substitution of Channel 247C3 for 

vacant Channel 275C3 at DeBeque, 

Colorado. See 75 FR 4036, published 

January 26, 2010. The full text of this 

Commission decision is available for 

inspection and copying during normal 

business hours in the Commission’s 

Reference Information Center, 445 

Twelfth Street, SW., Washington, DC 

20554. The complete text of this 

decision may also 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– 

800–378–3160 or http:// 

www.BCPIWEB.com. 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). The Commission will send a 

copy of this Report and Order in a 

report to be sent to Congress and the 

Government Accountability Office 

pursuant to the Congressional Review 

Act, see 5 U.S.C. 801(a)(1)(A). 

List of Subjects in 47 CFR Part 73 

Radio, Radio broadcasting. 

■ As stated in the preamble, the Federal 

Communications Commission amends 

47 CFR part 73 as follows: 

PART 73—RADIO BROADCAST 

SERVICES 

■ 1. The authority citation for part 73 

continues to read as follows: 

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52650 Federal Register / Vol. 75, No. 166 / Friday, August 27, 2010 / Rules and Regulations 

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

§ 73.202 [Amended] 

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

Allotments under Colorado, is amended 

by removing Channel 275C3 and adding 

Channel 247C3 at DeBeque. 

Federal Communications Commission. 

Andrew J. Rhodes, 

Senior Counsel, Allocations Audio Division, 

Media Bureau. 

[FR Doc. 2010–21430 Filed 8–26–10; 8:45 am] 

BILLING CODE 6712–01–P 

DEPARTMENT OF DEFENSE 

Defense Acquisition Regulations 

System 

48 CFR Parts 202, 212, and 234 

Defense Federal Acquisition 

Regulation Supplement; Acquisition of 

Commercial Items (2008–D011) 

AGENCY: Defense Acquisition 

Regulations System, Department of 

Defense (DoD). 

ACTION: Interim rule; delay in 

confirmation as final. 

SUMMARY: DoD adopted as final, without 

change, effective August 20, 2010, the 

interim rule that amended the Defense 

Federal Acquisition Regulation 

Supplement (DFARS) to implement 

sections 805 and 815 of the National 

Defense Authorization Act for Fiscal 

Year 2008. Subsequently, public 

comments on the interim rule were 

located, which had not been addressed 

in finalization of the interim rule. These 

public comments must be addressed in 

the formulation of a final rule. 

DATES: The interim rule published at 74 

FR 34263 on July 15, 2009, as corrected 

at 74 FR 35825 on July 21, 2009, 

remains unconfirmed as final until 

further notice. When appropriate, 

Defense Acquisition Regulations System 

will publish announcement of final 

adoption in the Federal Register. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Cassandra R. Freeman, Defense 

Acquisition Regulations System, OUSD 

(AT&L) DPAP/DARS, 3060 Defense 

Pentagon, Room 3B855, Washington, DC 

20301–3060. Telephone 703–602–8383; 

facsimile 703–602–0350. Please cite 

DFARS Case 2008–D011. 

SUPPLEMENTARY INFORMATION: 

A. Background 

DoD published an interim rule at 74 

FR 34263 on July 15, 2009, to 

implement sections 805 and 815 of the 

National Defense Authorization Act 

(NDAA) for Fiscal Year 2008 (Pub. L. 

110–181). A correction to the interim 

rule was published at 74 FR 35825 on 

July 21, 2009, to clarify the types of 

services to which this rule applies, 

consistent with subsections (c)(1)(A) 

and (c)(1)(C)(i) of section 805 of the 

NDAA for Fiscal Year 2008. Section 805 

specified when time-and-materials or 

labor-hour contracts may be used for 

commercial item acquisitions. 

Upon publication of the final rule in 

the Federal Register at 75 FR 51416 on 

August 20, 2010, DoD was notified of 

several public comments that were 

submitted timely but were not received 

by DoD or considered in the formulation 

of the final rule. Therefore, publication 

of the finalization of the interim rule 

was premature. At this time, DoD must 

address the public comments received 

and consider whether or not there is any 

impact on the regulations currently in 

effect. Upon completion of an analysis 

of the public comments received, DoD 

will publish another document that will 

either (1) finalize the interim rule 

without change, or (2) publish a final 

rule incorporating the changes resulting 

from consideration of the public 

comments. Accordingly, the interim 

rule published at 74 FR 34263 on July 

15, 2009, as corrected at 74 FR 35825 on 

July 21, 2009, remains in effect until 

such time as DoD publishes a 

subsequent document to finalize the 

interim rule. 

This rule was not subject to Office of 

Management and Budget review under 

Executive Order 12866, dated 

September 30, 1993. 

List of Subjects in 48 CFR Parts 202, 

212, and 234 

Government procurement. 

Ynette R. Shelkin, 

Editor, Defense Acquisition Regulations 

System. 

[FR Doc. 2010–21365 Filed 8–26–10; 8:45 am] 

BILLING CODE 5001–08–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 648 

[Docket No. 100201058—0260—02] 

RIN 0648–XY22 

Fisheries of the Northeastern United 

States; Spiny Dogfish Fishery; 

Commercial Period 1 Quota Harvested 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; closure of 

spiny dogfish fishery. 

SUMMARY: NMFS announces that the 

spiny dogfish commercial quota 

available to the coastal states from 

Maine through Florida for the first semiannual quota period, May 1, 2010 — 

October 31, 2010, has been harvested. 

Therefore, effective 0001 hours, August 

27, 2010, federally permitted spiny 

dogfish vessels may not fish for, 

possess, transfer, or land spiny dogfish 

until November 1, 2010, when the 

Period 2 quota becomes available. 

Regulations governing the spiny dogfish 

fishery require publication of this 

notification to advise the coastal states 

from Maine through Florida that the 

quota has been harvested and to advise 

vessel permit holders and dealer permit 

holders that no Federal commercial 

quota is available for landing spiny 

dogfish in these states. This action is 

necessary to prevent the fishery from 

exceeding its Period 1 quota and to 

allow for effective management of this 

stock. 

DATES: Quota Period 1 for the spiny 

dogfish fishery is closed effective at 

0001 hr local time, August 27, 2010, 

through 2400 hr local time October 31, 

2010. Effective August 27, 2010, 

federally permitted dealers are also 

advised that they may not purchase 

spiny dogfish from federally permitted 

spiny dogfish vessels. 

FOR FURTHER INFORMATION CONTACT: 

Lindsey Feldman at (978) 675–2179, or 

Lindsey.Feldman@noaa.gov. 

SUPPLEMENTARY INFORMATION: 

Regulations governing the spiny dogfish 

fishery are found at 50 CFR part 648. 

The regulations require annual 

specification of a commercial quota, 

which is allocated into two quota 

periods based upon percentages 

specified in the fishery management 

plan. The fishery is managed from 

Maine through Florida, as described in 

§ 648.230. 

The initial total commercial quota for 

spiny dogfish for the 2010 fishing year 

is 15 million lb (6,803.89 mt) (74 FR 

36012, June 24, 2010). The commercial 

quota is allocated into two periods (May 

1 through October 31, and November 1 

through April 30). Vessel possession 

limits are set at 3,000 lb (1.36 mt) for 

both Quota Periods 1 and 2. Quota 

Period 1 is allocated 8,685,000 lb 

(3,943.45 mt), and Quota Period 2 is 

allocated 6,315,000 lb (2,864.44 mt) of 

the commercial quota. The total quota 

cannot be exceeded, so landings in 

excess of the amount allocated to Period 

WReier-Aviles on DSKGBLS3C1PROD with RULES