65508 Federal Register / Vol. 66, No. 244 / Wednesday, December 19, 2001 / Notices

Amendments of 1991 (Pub. L. 102–234),

which added section 1923(f)(1)(A) of the

Act and the Federal regulation at 42

CFR 447.296(b)(6), the State cannot

increase DSH payments to hospitals

based on amendments submitted after

September 30, 1991, for payments made

during the period January 1, 1992,

through September 30, 1992, except in

very limited circumstances. The reason

for this moratorium on DSH payments

was so CMS could determine a state’s

base DSH allotments for an annual

period beginning in Federal fiscal year

1993.

This proposed amendment is not

within the statutory exception for

payments under certain SPAs submitted

to the Secretary between September 30,

1991, and November 26, 1991. This

exception applies only to an

amendment that designates only DSHs

with a Medicaid or low-income

utilization percentage at or above the

statewide arithmetic mean. In

regulations at 42 CFR 447.296(b), the

Secretary has interpreted this exception

to apply only when the amendment is

intended to limit the state’s overall

definition of DSH to those specified

hospitals.

While this proposed amendment

meets the timing criteria for this

exception, as it was submitted on

November 18, 1991, it does not meet the

substantive criteria for this exception.

The proposed amendment does not

limit the State’s overall definition of

DSH to those with a Medicaid or lowincome utilization percentage at or

below the statewide arithmetic mean.

This proposed amendment did not

concern the designation of DSHs, but

only concerned the payment rate for

some already designated hospitals. This

proposed amendment provided for a 10-

percent additional payment to certain

hospitals otherwise designated and

receiving DSH payments. Therefore,

CMS found that this exception did not

apply and disapproved Missouri SPA

91–50.

The notice to Missouri announcing an

administrative hearing to reconsider the

disapproval of its SPA reads as follows:

Ms. Dana Katherine Martin,

Director, Department of Social Services,

Broadway State Office Building,

P.O. Box 1527,

Jefferson City, Missouri 65102.

Dear Ms. Martin:

I am responding to your request for

reconsideration of the decision to disapprove

Missouri State Plan Amendment (SPA) 91–

50, which was submitted on November 18,

1991.

The issue is whether this amendment

proposed a retroactive effective date that is

not consistent with law for an additional

disproportionate share hospital (DSH)

payment to the 10 highest Medicaid

utilization hospitals in the State that had a

high volume of nursery and neonatal care

days. The proposed effective date of the SPA

is October 21, 1991.

Under the Medicaid Voluntary

Contribution and Provider Specific Tax

Amendments of 1991 (Public Law 102–234),

which added section 1923(f)(1)(A) of the

Social Security Act (the Act) and the Federal

regulation at 42 CFR 447.296(b)(6), the State

cannot increase DSH payments to hospitals

based on amendments submitted after

September 30, 1991, for payments made

during the period January 1, 1992, through

September 30, 1992, except in very limited

circumstances. The reason for this

moratorium on DSH payments was so the

Centers for Medicare & Medicaid Services

(CMS), could determine a state’s base DSH

allotments for an annual period beginning in

Federal fiscal year 1993.

This proposed amendment is not within

the statutory exception for payments under

certain SPAs submitted to the Secretary

between September 30, 1991, and November

26, 1991. This exception applies only to an

amendment that designates only DSHs with

a Medicaid or low-income utilization

percentage at or above the statewide

arithmetic mean. In regulations at 42 CFR

447.296(b), the Secretary has interpreted this

exception to apply only when the

amendment is intended to limit the state’s

overall definition of DSH to those specified

hospitals.

While this proposed amendment meets the

timing criteria for this exception, as it was

submitted on November 18, 1991, it does not

meet the substantive criteria for this

exception. The proposed amendment does

not limit the State’s overall definition of DSH

to those with a Medicaid or low-income

utilization percentage at or below the

statewide arithmetic mean. This proposed

amendment did not concern the designation

of DSHs, but only concerned the payment

rate for some already designated hospitals.

This proposed amendment provided for a 10-

percent additional payment to certain

hospitals otherwise designated and receiving

DSH payments. Therefore, CMS found that

this exception did not apply and disapproved

Missouri SPA 91–50.

I am scheduling a hearing on your request

for reconsideration to be held on January 23,

2002, at 10:00 a.m.; Richard Bolling Federal

Building; Plaza Room 664; 601 East Twelfth

Street; Kansas City, Missouri 64106–2808. If

this date is not acceptable, we would be glad

to set another date that is mutually agreeable

to the parties. The hearing will be governed

by the procedures prescribed at 42 CFR, Part

430.

I am designating Ms. Kathleen ScullyHayes as the presiding officer. If these

arrangements present any problems, please

contact the presiding officer. In order to

facilitate any communication which may be

necessary between the parties to the hearing,

please notify the presiding officer to indicate

acceptability of the hearing date that has

been scheduled and provide names of the

individuals who will represent the State at

the hearing. The presiding officer may be

reached at (410) 786–2055.

Sincerely,

Thomas A. Scully.

(Sec. 1116 of the Social Security Act (42

U.S.C. 1316); 42 CFR 430.18))

(Catalog of Federal Domestic Assistance

Program No. 13.714, Medicaid Assistance

Program)

Dated: December 10, 2001.

Thomas A. Scully,

Administrator, Centers for Medicare &

Medicaid Services.

[FR Doc. 01–31261 Filed 12–18–01; 8:45 am]

BILLING CODE 4120–01–P

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

Endangered Species Permit Issuance

AGENCY: Fish and Wildlife Service,

Interior.

ACTION: Notice of emergency exemption

issuance.

SUMMARY: The following applicant has

been issued a scientific research permit

to conduct certain activities with an

endangered species pursuant to section

10(a)(1)(A) of the Endangered Species

Act of 1973, as amended (16 U.S.C. 1531

et seq.).

FOR FURTHER INFORMATION CONTACT:

Linda Belluomini, Permits Biologist at

503–231–2063.

SUPPLEMENTARY INFORMATION: The

Washington Department of Fish and

Wildlife has been authorized via permit

number TE–050644, by the U.S. Fish

and Wildlife Service’s Pacific Region to

capture individuals from the Columbia

Basin distinct population segment (DPS)

of the pygmy rabbit (Brachylagus

idahoensis) for a captive propagation

program. We issued this permit for the

purpose of enhancing the propagation

and survival of the Columbia Basin

pygmy rabbit. The 30-day public

comment period required by the

Endangered Species Act (Act) was

waived in accordance with section 10(c)

of the Act upon a determination that an

emergency affecting the health and life

of specimens of Columbia Basin pygmy

rabbits exists, and that no reasonable

alternative is available to the applicant.

The Columbia Basin pygmy rabbit

DPS has undergone dramatic annual

declines since 1998, and the entire wild

portion of this population now consists

of fewer than 50 individuals from just

1 known colony on State land in

Douglas County, Washington. As part of

a captive breeding program, initiated by

the Washington Department of Fish and

Wildlife (WDFW) during the spring of

2001, an additional 14 individuals from

this population are being held in

Federal Register / Vol. 66, No. 244 / Wednesday, December 19, 2001 / Notices 65509

captivity, including 5 offspring born at

the holding facility. The WDFW has

scheduled additional capture operations

over the next 30 days in order to secure

more animals for the captive breeding

program. The intent is to capture

additional animals from the wild that

will complement the genetic profiles

and potential breeding scenarios of

those already in captivity. Any pygmy

rabbits that are not considered essential

to the captive breeding program will be

left in the wild, and ongoing

management to protect this portion of

the population will continue.

Delay in the WDFW’s planned

activities due to the 30-day public

comment period could jeopardize the

success of the captive breeding program

and, ultimately, the long-term security

of the Columbia Basin pygmy rabbit.

Individuals within the wild portion of

this population may experience

significant mortality due to increased

susceptibility to predation and

inclement weather with the onset of

winter, and additional animals may not

be available for capture later in the

season. Even if this population does not

undergo further decline this winter, any

wild individuals will likely have

weakened body conditions and be more

susceptible to capture-related stress and

mortality if captured later in the season.

Capture operations in midwinter may

also be compromised by seasonal

precipitation and/or low temperatures.

Finally, capturing any additional

animals later in the season will give

them less time to acclimate to the

holding facilities, and they may be

unavailable for breeding efforts planned

for early spring 2002.

Dated: December 6, 2001.

Rowan W. Gould,

Acting Regional Director, Region 1, Portland,

Oregon.

[FR Doc. 01–31193 Filed 12–18–01; 8:45 am]

BILLING CODE 4310–55–P

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

Endangered and Threatened Species

Permit Applications

AGENCY: Fish and Wildlife Service,

Interior.

ACTION: Notice of receipt of application.

The following applicant has applied

for a permit to conduct certain activities

with endangered species. This notice is

provided pursuant to section 10(c) of

the Endangered Species Act of 1973, as

amended (16 U.S.C. 1531, et seq.).

PRT–697830

Applicant: Assistant Regional

Director, Ecological Services, Region 3,

U.S. Fish and Wildlife Service, Fort

Snelling, Minnesota.

The applicant requests an amendment

to his permit for scientific take activities

of listed species in Region 3 to add the

following species for scientific purposes

and the enhancement of propagation or

survival of the species in the wild, in

accordance with listing, recovery

outlines, recovery plans and/or other

Service work for the species: Canada

lynx (Lynx canadensis), Whooping

crane (Grus americana), Lake Erie water

snake (Nerodia sipedon insularum),

Tumbling Creek cavesnail (Antrobia

culveri), Scaleshell (Leptodea leptodon),

Cave crayfish (Cambarus aculabrum),

Short’s bladderpod (Lesquerella

globosa), Short’s goldenrod (Solidago

shortii), and Virginia sneezeweed

(Helenium virginicum).

Written data or comments should be

submitted to the Regional Director, U.S.

Fish and Wildlife Service, Ecological

Services, 1 Federal Drive, Fort Snelling,

Minnesota 55111–4056, and must be

received within 30 days of the date of

this publication.

Documents and other information

submitted with this application are

available for review by any party who

submits a written request for a copy of

such documents to the following office

within 30 days of the date of publication

of this notice: Mr. Peter Fasbender, U.S.

Fish and Wildlife Service, Ecological

Services, 1 Federal Drive, Fort Snelling,

Minnesota 55111–4056. Telephone:

(612) 713–5343; Fax: (612) 713–5292; Email: peter—fasbender@fws.gov.

Dated: December 7, 2001.

Lynn M. Lewis,

Acting Assistant Regional Director, Ecological

Services, Region 3, Fort Snelling, Minnesota.

[FR Doc. 01–31194 Filed 12–18–01; 8:45 am]

BILLING CODE 4310–55–P

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

Endangered and Threatened Species

Permit Application

AGENCY: Fish and Wildlife Service,

Interior.

ACTION: Notice of receipt of application.

The following applicant has applied

for a permit amendment to conduct

certain activities with endangered

species. This notice is provided

pursuant to section 10(c) of the

Endangered Species Act of 1973, as

amended (16 U.S.C. 1531, et seq.).

Permit Number TE 049738

Applicant: Third Rock Consultants,

LLC., Lexington, Kentucky

The applicant requests a permit to

take (collect) the following species:

Indiana bat (Myotis sodalis), gray bat (M.

grisescens), Virginia big-eared bat

(Corynorhinus townsendii virginianus),

Ozark big-eared bat (C. t. ingens),

copperbelly water snake (Nerodia

erythrogaster neglecta), blackside dace

(Phoxinus cumberlandensis), duskytail

darter (Etheostoma percnurum), relict

darter (E. chienense), palezone shiner

(Notropis albizonatus), pygmy madtom

(Noturus stanauli), yellowfin madtom

(N. flavipinnis), slender chub (Erimystax

cahni), spotfin chub (Cyprinella

monacha), Cumberland elktoe

(Alasmidonta atropurpurea), fanshell

(Cyprogenia stegaria), Cumberlandian

combshell (Epioblasma brevidens),

oyster mussel (E. capsaeformis),

catspaw (E. obliquata obliquata),

northern riffleshell (E. torulosa

rangiana), pink mucket (Lampsilis

abrupta), slabside pearlymussel

(Lexingtonia dolabelloides), ring pink

(Obovaria retusa), little-wing

pearlymussel (Pegias fabula), orangefoot

pimpleback (Plethobasus cooperianus),

clubshell (Pleurobema clava),

Cumberland pigtoe (P. gibberum), rough

pigtoe (P. plenum), fat pocketbook

(Potamilus capax), fluted kidneyshell

(Ptychobranchus subtentum),

Cumberland monkeyface (Quadrula

intermedia), and Cumberland bean

(Villosa trabalis). Activities are

proposed for studies to identify

populations of listed species and to

develop methods to minimize or avoid

project related impacts to those

populations. The scientific research is

aimed at enhancement of survival of the

species in the wild.

Written data or comments should be

submitted to the Regional Director, U.S.

Fish and Wildlife Service, Ecological

Services Operations, 1 Federal Drive,

Fort Snelling, Minnesota 55111–4056,

and must be received within 30 days of

the date of this publication.

Documents and other information

submitted with this application are

available for review by any party who

submits a written request for a copy of

such documents to the following office

within 30 days of the date of publication

of this notice: U.S. Fish and Wildlife

Service, Ecological Services Operations,

1 Federal Drive, Fort Snelling,

Minnesota 55111–4056. Telephone:

(612) 713–5343; Fax: (612) 713–5292.