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50426 Federal Register / Vol. 71, No.

165 / Friday, August 25, 2006 / Notices

of the date the Consent Agreement was and conditions that are no less constitute an admission by Dan L.
signed, the proposed Consent advantageous than those for shippers Duncan, EPCO, Texas Eastern, or
Agreement contains several provisions who ship products other than propane TEPPCO that it violated the law or that
relating to the operation of TEPPCO’s from an NGL storage facility in Mont the facts alleged in the Complaint, other
TE Products Pipeline. TEPPCO provides Belvieu owned by Duncan. than jurisdictional facts, are true.
‘‘open stock’’ service to propane Third, the proposed Consent By direction of the Commission.
shippers from Mont Belvieu Storage Agreement contains provisions relating
Donald S. Clark,
Partners, a service whereby shippers to the implementation of new allocation
Secretary.
who ship on the pipeline and who have procedures for the TE Products Pipeline.
Paragraph IV.B requires TEPPCO to [FR Doc. E6–14142 Filed 8–24–06; 8:45 am]
adequate inventory in the TEPPCO
provide advance written notice to the BILLING CODE 6750–01–P
system, given certain inventory and
availability requirements, can take Commission of any new allocation
delivery of propane at any of TEPPCO’s procedures relating to the movements of
terminals along the pipeline without NGLs on the TE Products Pipeline GENERAL SERVICES
having to wait for the pipeline transit originating in Mont Belvieu, Texas. ADMINISTRATION
time it would take to move the product Paragraph VI requires any new
allocation procedures to include a Establishment of a Transaction Fee for
physically from origin to destination. Transportation Services Provided for
The open stock service allows TEPPCO requirement that shippers originating
product movements on the pipeline the GSA, Office of Global Supply
to transfer product from any origination
point along the pipeline it chooses to from the Mont Belvieu Storage Partners AGENCY: Federal Supply Service, GSA.
meet shippers’ needs, irrespective of the NGL storage facility nominate that ACTION: Final Notice
storage facility in which the shipper movement to both TEPPCO and Mont
actually has inventory. EPCO’s plans to Belvieu Storage Partners and also SUMMARY: GSA is amending the Freight
build a pipeline connecting its Mont provides that such new allocation Management Program (FMP), Standard
Belvieu storage facility to the TEPPCO procedures shall allow shippers who Tender of Service (STOS), to
pipeline raises several concerns ship product originating at Mont incorporate a 4% transaction fee for
regarding its ability to disadvantage any Belvieu Storage Partners’ facility to ship transportation services provided for the
prospective acquiror of TEPPCO’s on terms and conditions that are no less GSA, Office of Global Supply.
interest in Mont Belvieu Storage advantageous than those given to Transportation Service Providers (TSPs)
Partners. First, TEPPCO could decline to shippers who ship from an NGL storage will be required to remit a 4%
offer the open stock service at Mont facility owned by Duncan. transaction fee to GSA on a quarterly
The purpose of the provisions relating basis.
Belvieu Storage Partners, or offer the
to the operation of the TE Products DATES: The effective date is January 1,
service there at less advantageous terms
Pipeline is to maintain the competitive 2007.
than at EPCO’s Mont Belvieu facility.
viability of the Mont Belvieu Storage
Second, TEPPCO could impede Mont FOR FURTHER INFORMATION CONTACT: Ms.
Partners NGL storage facility in the
Belvieu Storage Partners’ ability to Mary Anne Sykes, Transportation
same manner as of the date the Consent
market its storage capacity by allocating Programs Branch, by telephone at 703–
Agreement was signed by ensuring that
product from other storage facilities 605–2889 or by e-mail at
Duncan cannot disadvantage shippers
along the pipeline to meet shipper’s transportation.programs@gsa.gov.
who originate product movements from
needs, keeping Mont Belvieu Storage SUPPLEMENTARY INFORMATION: The final
the Mont Belvieu Storage Partners’
Partners’ capacity occupied facility in favor of shippers who notice is applicable to the Freight
disproportionately. The proposed originate product movements from its Management Program (FMP), Standard
Consent Agreement contains provisions own storage facility in the event that Tender of Service (STOS), for
addressing these concerns. Duncan interconnects an NGL storage transportation services provided to the
First, the proposed Consent facility it owns in Mont Belvieu, Texas, Eastern Distribution Center (EDC),
Agreement requires TEPPCO to to the TE Products Pipeline. Burlington, NJ; Western Distribution
continue to operate the TE Products Center (WDC), French Camp, CA; and
Pipeline on open stock service for V. Opportunity for Public Comment the National Industries for the Blind
propane. Second, if Duncan builds a By accepting the proposed Consent (NIB) and NISH. It applies to all
pipeline, referred to in the proposed Agreement, subject to final approval, the transportation service providers (TSPs)
Consent Agreement as the ‘‘New Commission anticipates that the transporting these shipments. The final
Pipeline,’’ connecting the TE Products competitive problems alleged in the notice and implementation procedures
Pipeline to any NGL storage facility it Complaint will be resolved. The take into account the comments
owns in Mont Belvieu, Texas, the purpose of this analysis is to invite received from transportation service
proposed Consent Agreement requires public comment on the proposed providers (TSPs) in response to the
Duncan to (1) connect the new pipeline Consent Agreement, including the notices published in the Federal
to the Mont Belvieu Storage Partners proposed divestitures, to aid the Register at 70 FR 73248 on December 9,
NGL storage facility at its own cost, (2) Commission in its determination of 2005, and an extension to that notice at
operate the TE Products Pipeline for whether it should make final the 70 FR 76455 on December 27, 2005,
propane on an open stock basis for proposed Consent Agreement contained soliciting comments on the
shippers who ship from Mont Belvieu in the agreement. This analysis is not establishment of a 4% transaction fee
Storage Partners on terms and intended to constitute an official for transportation services provided for
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conditions that are no less advantageous interpretation of the proposed Consent the GSA, Office of Global Supply. GSA
than those for shippers who ship Agreement or modify the terms of the published the response to the comments
propane from an NGL storage facility in proposed Consent Agreement in any on the proposed rule in the Federal
Mont Belvieu owned by Duncan, and (3) way. Further, the proposed Consent Register at 71 FR 38403 on July 6, 2006.
operate the TE Products Pipeline for Agreement has been entered into for The Transportation Management
products other than propane on terms settlement purposes only and does not Services Solution (TMSS) pre-payment

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Federal Register / Vol. 71, No. 165 / Friday, August 25, 2006 / Notices 50427

audit and payment modules will be minimize the information collection Frequency: On occasion, weekly;
operational by November 2006. GSA burden. Affected Public: Business or other for-
will start a phased-in implementation 1. Type of Information Collection profit, not-for-profit institutions;
plan for the pre-payment audit and Request: Extension of a currently Number of Respondents: 4,719; Total
payment modules in November 2006. approved collection; Title of Annual Responses: 75,504; Total
TSPs that provide transportation Information Collection: End Stage Renal Annual Hours: 37,752.
services for GSA, Global Supply, will be Disease Medical Information ESRD 3. Type of Information Collection
required to submit all invoices in TMSS Facility Survey; Use: The ESRD Facility Request: Extension of a currently
either manually or via electronic data Survey is completed by all Medicare- approved collection; Title of
interchange (EDI). approved ESRD facilities once a year. Information Collection: End Stage Renal
GSA will assess the 4% fee effective The survey was designed to collect Disease (ESRD) Network Semi-Annual
January 1, 2007, to ensure that the information concerning treatment Cost Report Forms and Supporting
TMSS implementation phase is trends, utilization of services and Regulations in 42 CFR section 405.2110
complete. TSPs will be required to remit patterns of practice in treating ESRD and 42 CFR 405.2112; Use: Section
the 4% fee for transportation invoices patients. The aggregate patient 1881(c) of the Social Security Act
paid after December 31, 2006, directly to information is collected from each establishes End Stage Renal Disease
GSA quarterly instead of deducting the Medicare-approved provider of dialysis (ESRD) Network contracts. The
4% fee from each invoice via TMSS and kidney transplant services. The regulations found at 42 CFR 405.2110
prior to payment. TSP’s will be able to information is used to assess and and 405.2112 designated 18 ESRD
access TMSS to generate a quarterly evaluate the local, regional and national Networks which are funded by
report that lists each transaction, total levels of medical and social impact of renewable contracts. These contracts are
transportation charges, and transaction ESRD care and are used extensively by on 3-year cycles. To better administer
fee. The first remittance will be due for researchers and suppliers of services for the program, CMS is requiring
the quarter ending March 31, 2007. trend analysis. The information is contractors to submit semi-annual cost
available on the CMS Dialysis Facility reports. The purpose of the cost reports
Dated: August 22, 2006. Compare Web site and will enable is to enable the ESRD Networks to
Susan T. May, patients to make informed decisions report costs in a standardized manner.
Acting Director, Travel and Transportation about their care by comparing dialysis This will allow CMS to review, compare
Management Division (FBL), GSA. facilities in their area. The ESRD and project ESRD Network costs during
[FR Doc. E6–14179 Filed 8–24–06; 8:45 am] Facility Survey Public Use File is also the life of the contract. Form Number:
BILLING CODE 6820–89–S posted at: http://www.cms.hhs.gov/ CMS–685 (OMB#: 0938–0657);
ESRDGeneralInformation/ Frequency: Reporting—semi-annually;
02_Data.asp#TopOfPage; Form Number: Affected Public: Not-for-profit
DEPARTMENT OF HEALTH AND CMS–2744 (OMB#: 0938–0447); institutions; Number of Respondents:
HUMAN SERVICES Frequency: Reporting—Annually; 18; Total Annual Responses: 36; Total
Affected Public: Business or other for- Annual Hours: 108.
Centers for Medicare & Medicaid profit, not-for-profit institutions; 4. Type of Information Collection
Services Number of Respondents: 4,800; Total Request: Extension of a currently
[Document Identifier: CMS–2744, CMS– Annual Responses: 4,800; Total Annual approved collection; Title of
2746, CMS–685, and CMS–10168] Hours: 38,400. Information Collection: Medicare
2. Type of Information Collection Program: Complex Medical Review;
Agency Information Collection Request: Extension of a currently Use: Complex medical review involves
Activities: Submission for OMB approved collection; Title of the application of clinical judgment by
Review; Comment Request Information Collection: End Stage Renal a licensed medical professional in order
Disease Death Notification P.L. 95–292; to evaluate medical records to
AGENCY: Centers for Medicare & 42 CFR 405.2133, 45 CFR 5–5b; 20 CFR determine whether an item or service is
Medicaid Services, HHS. Parts 401 and 422E Use: The ESRD covered, and is reasonable and
In compliance with the requirement Death Notification (CMS–2746) is necessary. The information required
of section 3506(c)(2)(A) of the completed by all Medicare-approved under this collection is requested by
Paperwork Reduction Act of 1995, the ESRD facilities upon the death of an Medicare contractors, and is requested
Centers for Medicare & Medicaid ESRD patient. Its primary purpose is to of providers or suppliers submitting
Services (CMS), Department of Health collect fact of death and cause of death claims for payment from the Medicare
and Human Services, is publishing the of ESRD patients. Certain other program when data analysis indicates
following summary of proposed identifying information (e.g., name, aberrant billing patterns which may
collections for public comment. Medicare claim number, and date of present a vulnerability to the Medicare
Interested persons are invited to send birth) is required for matching purposes. program. Form Number: CMS–10168
comments regarding this burden Federal regulations require that the (OMB#: 0938–0969); Frequency:
estimate or any other aspect of this ESRD Networks examine the mortality Recordkeeping and Reporting—As
collection of information, including any rates of every Medicare-approved requested; Affected Public: Business or
of the following subjects: (1) The facility within its area of responsibility. other for-profit and not-for-profit
necessity and utility of the proposed The Death Form provides the necessary institutions; Number of Respondents:
information collection for the proper data to assist the ESRD Networks in 1,169,683; Total Annual Responses:
performance of the Agency’s function; making decisions that result in 2,900,000; Total Annual Hours: 966,666.
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(2) the accuracy of the estimated improved patient care and in cost- To obtain copies of the supporting
burden; (3) ways to enhance the quality, effective distribution of ESRD resources. statement and any related forms for the
utility, and clarity of the information to The data is used by the ESRD Networks proposed paperwork collections
be collected; and (4) the use of to verify facility deaths and to monitor referenced above, access CMS Web Site
automated collection techniques or facility performance.; Form Number: address at http://www.cms.hhs.gov/
other forms of information technology to CMS–2746 (OMB#: 0938–0448); PaperworkReductionActof1995, or E-

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