Federal Register / Vol. 66, No. 249 / Friday, December 28, 2001 / Rules and Regulations 67111

VI. Regulatory Impact Statement

A. Overall Impact

We have examined the impacts of this

rule as required by Executive Order

12866 (September 1993, Regulatory

Planning and Review) and the

Regulatory Flexibility Act (RFA)

(September 19, 1980 Pub. L. 96–354).

Executive Order 12866 directs agencies

to assess all costs and benefits of

available regulatory alternatives and, if

regulation is necessary, to select

regulatory approaches that maximize

net benefits (including potential

economic, environmental, public health

and safety effects, distributive impacts,

and equity). A regulatory impact

analysis (RIA) must be prepared for

major rules with economically

significant effects ($100 million or more

annually). This interim final rule is not

a major rule. It does not have any cost

or savings impact as it merely recertifies

the existing 59 OPOs and does not

introduce any new requirements.

The RFA requires agencies to analyze

options for regulatory relief of small

businesses. For purposes of the RFA,

small entities include small businesses,

nonprofit organizations and government

agencies. Most hospitals and most other

providers and suppliers are small

entities, either by nonprofit status or by

having revenues of $25 million or less

annually. For purposes of the RFA, all

OPOs are considered to be small

entities. Individuals and States are not

included in the definition of a small

entity.

In addition, section 1102(b) of the Act

requires us to prepare a regulatory

impact analysis if a rule may have a

significant impact on the operations of

a substantial number of small rural

hospitals. This analysis must conform to

the provisions of section 603 of the

RFA. For purposes of section 1102(b) of

the Act, we define a small rural hospital

as a hospital that is located outside of

a Metropolitan Statistical Area and has

fewer than 100 beds.

Section 202 of the Unfunded

Mandates Reform Act of 1995 also

requires that agencies assess anticipated

costs and benefits before issuing any

rule that may result in expenditure in

anyone year by State, local, or tribal

governments, in the aggregate, or by the

private sector, of $110 million. This rule

will not have an effect on the

governments mentioned, nor does it

have associated private sector costs.

This rule does not have any cost or

savings impact as it extends the time

period for payments under existing

agreements and does not introduce any

new requirements.

According to section 1138 of the

Social Security Act, an OPO must be

certified or recertified by the Secretary

as meeting the standards to be a

qualified OPO, must meet performancerelated standards prescribed by the

Secretary, and must be designated by

the Secretary as an OPO in order to

receive reimbursement under title XVIII

or title XIX. Because section

273(b)(1)(D)(i) would terminate

certifications after January 1, 2002, we

are issuing this interim final rule to

permit all 59 OPOs to continue to

function, procure organs and obtain

appropriate reimbursement.

Executive Order 13132 establishes

certain requirements that an agency

must meet when it promulgates a

proposed rule (and subsequent final

rule) that imposes substantial direct

requirement costs on State and local

governments, preempts State law, or

otherwise has Federalism implications.

As stated previously, this rule does not

have a substantial effect on State or

local governments.

B. Conclusion

For these reasons, we are not

preparing analyses for either the RFA or

section 1102(b) of the Act because we

have determined, and we certify, that

this rule will not have a significant

economic impact on a substantial

number of small entities or a significant

impact on the operations of a substantial

number of small rural hospitals.

In accordance with the provisions of

Executive Order 12866, this regulation

was reviewed by the Office of

Management and Budget.

List of Subjects in 42 CFR Part 486

Health professionals, Medicare, Organ

procurement, X-rays.

PART 486—CONDITIONS OF

COVERAGE OF SPECIALIZED

SERVICES FURNISHED BY

SUPPLIERS

For the reasons set forth in the

preamble, the Centers for Medicare &

Medicaid Services is amending 42 CFR

chapter IV as set forth below:

1. The authority citation for part 486

continues to read as follows:

Authority: Sections 1102 and 1871 of the

Social Security Act (42 U.S.C. 1302 and

1395hh).

Subpart G—Conditions of Coverage:

Organ Procurement Organizations

2. Section 486.301 is amended by

adding paragraph (b)(4) to read as

follows:

§ 486.301 Basis and scope.

* * * * *

(b) * * *

(4) The requirements for an OPO to be

recertified for the performance data

cycle from January 1, 2002 through

December 31, 2005.

3. Section 486.309 is added to read as

follows:

§ 486.309 Recertification from January 1,

2002 through December 31, 2005.

An OPO will be considered to be

recertified for the period of January 1,

2002 through December 31, 2005 if an

entity meets, or has met, the standards

to be a qualified OPO within a four year

period ending December 31, 2001 and

has an agreement with the Secretary that

was scheduled to terminate on July 31,

2002. Agreements based on this

recertification will end on July 31, 2006.

(Catalog of Federal Domestic Assistance

Program No. 93.778, Medical Assistance

Program)

(Catalog of Federal Domestic Assistance

Program No. 93.773, Medicare—Hospital

Insurance; and Program No. 93.774,

Medicare—Supplementary Medical

Insurance Program)

Dated: December 7, 2001.

Thomas A. Scully,

Administrator, Centers for Medicare &

Medicaid Services.

Approved: December 14, 2001.

Tommy G. Thompson,

Secretary.

[FR Doc. 01–31724 Filed 12–21–01; 11:04

am]

BILLING CODE 4120–01–P

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Parts 1, 43, and 63

[DA 01–2825]

Removal of References to Sections in

the Commission’s Rules That No

Longer Exist

AGENCY: Federal Communications

Commission.

ACTION: Final rule.

SUMMARY: In this document the

Commission amends references to

sections that have been removed from

the Commission’s rules and amends a

section heading.

DATES: Effective December 28, 2001.

FOR FURTHER INFORMATION CONTACT:

Peggy Reitzel, Telecommunications

Division, International Bureau, at (202)

418–1499.

SUPPLEMENTARY INFORMATION: We have

removed references to sections in the

67112 Federal Register / Vol. 66, No. 249 / Friday, December 28, 2001 / Rules and Regulations

Commission’s rules. Specifically, we

amend § 43.61 to remove the reference

to former § 64.1002. We amend § 63.24

to remove the reference to paragraph (c)

because there is no paragraph (c) in

§ 63.24. We revise the heading for

§ 63.52. Finally, we remove § 1.813. The

requirements referenced in § 1.813 are

no longer necessary.

List of Subjects

47 CFR Parts 1 and 43

Reporting and recordkeeping

requirements.

47 CFR Part 63

Communications common carriers.

Federal Communications Commission.

Andrew S. Fishel,

Managing Director.

Rule Changes

For the reasons discussed in the

preamble, the Federal Communications

Commission amends 47 CFR parts 1, 43,

and 63 as follows:

PART 1—PRACTICE AND

PROCEDURE

1. The authority citation for part 1

continues to read as follows:

Authority: 47 U.S.C. 151, 154(i), 154(j),

155, 225, 303(r), 309 and 325(e).

§ 1.813 [Removed]

2. Remove § 1.813.

PART 43—REPORTS OF

COMMUNICATION COMMON

CARRIERS AND CERTAIN AFFILIATES

3. The authority citation for part 43

continues to read as follows:

Authority: 47 U.S.C. 154;

Telecommunications Act of 1996, Pub. L.

104–104, secs. 402(b)(2)(B), (c), 110 Stat. 56

(1996) as amended unless otherwise noted.

47 U.S.C. 211, 219, 220 as amended.

4. Section 43.61 is amended by

revising paragraph (a)(1) to read as

follows:

§ 43.61 Reports of international

telecommunications traffic.

(a) * * *

(1) The information contained in the

reports shall include actual traffic and

revenue data for each and every service

provided by a common carrier, divided

among service billed in the United

States, service billed outside the United

States, and service transiting the United

States.

* * * * *

PART 63—EXTENSION OF LINES AND

DISCONTINUANCE, REDUCTION,

OUTAGE AND IMPAIRMENT OF

SERVICE BY COMMON CARRIERS;

AND GRANTS OF RECOGNIZED

PRIVATE OPERATING AGENCY

STATUS

5. The authority citation for part 63

continues to read as follows:

Authority: Sections 1, 4(i), 4(j), 10, 11,

201–205, 214, 218, 403 and 651 of the

Communications Act of 1934, as amended,

47 U.S.C. 151, 154(i), 154(j), 160, 201–205,

214, 218, 403, and 571, unless otherwise

noted.

6. Section 63.24 is amended by

revising paragraph (b) to read as follows:

§ 63.24 Pro forma assignments and

transfers of control.

* * * * *

(b) A pro forma assignment or transfer

of control of an authorization to provide

international telecommunications

service is not subject to the

requirements of § 63.18. A pro forma

assignee or a carrier that is the subject

of a pro forma transfer of control is not

required to seek prior Commission

approval for the transaction. A pro

forma assignee must notify the

Commission no later than 30 days after

the assignment is consummated. The

notification may be in the form of a

letter (in duplicate to the Secretary), and

it must contain a certification that the

assignment was pro forma as defined in

paragraph (a) of this section and,

together with all previous pro forma

transactions, does not result in a change

of the carrier’s ultimate control. A single

letter may be filed for an assignment of

more than one authorization if each

authorization is identified by the file

number under which it was granted.

7. Section 63.52 is amended by

revising the section heading to read as

follows:

§ 63.52 Copies required; fees; and filing

periods for domestic authorizations.

* * * * *

[FR Doc. 01–31865 Filed 12–27–01; 8:45 am]

BILLING CODE 6712–01–P

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Part 54

[CC Docket No. 96–45; FCC 01–350]

Federal-State Joint Board on Universal

Service; Petition of the State of Alaska

for Waiver for the Utilization of

Schools and Libraries Internet Pointof-Presence in Rural Remote Alaska

Villages Where No Local Access Exists

and Request for Declaratory Ruling

AGENCY: Federal Communications

Commission.

ACTION: Final rule; waiver request

granted.

SUMMARY: In this document, the

Commission grants the State of Alaska

(Alaska) a limited waiver, which

requires applicants to certify that the

services requested will be used solely

for educational purposes, subject to the

conditions discussed below. The

Commission finds that good cause exists

to allow members of rural remote

communities in Alaska, where there is

no local or toll-free dial-up Internet

access, to use excess service obtained

through the universal service

mechanism for schools and libraries

when not in use by the schools and

libraries for educational purposes.

DATES: Effective January 28, 2002.

FOR FURTHER INFORMATION CONTACT:

Katherine Tofigh, Attorney, Common

Carrier Bureau, Accounting Policy

Division, (202) 418–1553.

SUPPLEMENTARY INFORMATION: This is a

summary of the Commission’s Order in

CC Docket No. 96–45 adopted on

November 29, 2001 and released on

December 3, 2001. The full text of this

document is available for public

inspection during regular business

hours in the FCC Reference Center,

Room CY–A257, 445 Twelfth Street,

SW., Washington, DC, 20554.

I. Introduction

1. In this Order, the Commission

grants the State of Alaska (Alaska) a

limited waiver of § 54.504(b)(2)(ii) of the

Commission’s rules, which requires

applicants to certify that the services

requested will be used solely for

educational purposes, subject to the

conditions discussed below. The

Commission finds that good cause exists

to allow members of rural remote

communities in Alaska, where there is

no local or toll-free dial-up Internet

access, to use excess service obtained

through the universal service

mechanism for schools and libraries

when not in use by the schools and

libraries for educational purposes.