9502 Federal Register / Vol. 76, No. 34 / Friday, February 18, 2011 / Rules and Regulations 

the airspace; therefore, notice and 

public procedures under 5 U.S.C. 553(b) 

are unnecessary. 

The Rule 

This action amends Title 14 Code of 

Federal Regulations (14 CFR) part 73 to 

update the legal description of 

Prohibited area P–56, District of 

Columbia. Specifically, the description 

of a portion of Area A (P–56A) is 

amended by removing the words ‘‘* * * 

to the intersection of New Hampshire 

Avenue and Rock Creek and Potomac 

Parkway, NW. (lat. 38°53′45′′ N., long. 

77°03′23′′ W.); thence northeast along 

New Hampshire Avenue, 0.6 miles, to 

Washington Circle, * * *’’ and inserting 

the words ‘‘* * * to intersect the Rock 

Creek and Potomac Parkway, NW (at lat. 

38°53′45′′ N., long. 77°03′23′′ W.); 

thence northeast to the intersection of 

New Hampshire Avenue NW. and F 

Street NW. (at lat. 38°53′50′′ N., long. 

77′03′17′′ W.); thence along New 

Hampshire Avenue NW., 0.4 miles to 

Washington Circle * * *’’ (rest of 

description unchanged). This action 

will update the regulatory text of P–56 

to match the current street alignment in 

the western part of P–56A to be in 

concert with the FAA’s Aeronautical 

Products office. The boundary of Area B 

(P–56B) is not changed by this action 

and its description remains as currently 

published. 

Section 73.87 of Title 14 CFR part 73 

was republished in FAA Order 7400.8T, 

effective February 16, 2011. 

The FAA has determined that this 

regulation only involves an established 

body of technical regulations for which 

frequent and routine amendments are 

necessary to keep them operationally 

current. Therefore, this regulation: (1) Is 

not a ‘‘significant regulatory action’’ 

under Executive Order 12866; (2) is not 

a ‘‘significant rule’’ under Department of 

Transportation (DOT) Regulatory 

Policies and Procedures (44 FR 11034; 

February 26, 1979); and (3) does not 

warrant preparation of a regulatory 

evaluation as the anticipated impact is 

so minimal. Since this is a routine 

matter that will only affect air traffic 

procedures and air navigation, it is 

certified that this rule, when 

promulgated, will not have a significant 

economic impact on a substantial 

number of small entities under the 

criteria of the Regulatory Flexibility Act. 

The FAA’s authority to issue rules 

regarding aviation safety is found in 

Title 49 of the United States Code. 

Subtitle I, Section 106 describes the 

authority of the FAA Administrator. 

Subtitle VII, Aviation Programs, 

describes in more detail the scope of the 

agency’s authority. 

This rulemaking is promulgated 

under the authority described in 

Subtitle VII, Part A, Subpart I, Section 

40103. Under that section, the FAA is 

charged with prescribing regulations to 

assign the use of the airspace necessary 

to ensure the safety of aircraft and the 

efficient use of airspace. This regulation 

is within the scope of that authority as 

it amends prohibited airspace in the 

District of Columbia. 

Environmental Review 

The FAA has determined that this 

action qualifies for categorical exclusion 

under the National Environmental 

Policy Act in accordance with FAA 

Order 1050.1E, Environmental Impacts: 

Policies and Procedures, paragraph 

311d. This action is a correction of the 

technical description of special use 

airspace that does not alter the 

dimensions, altitudes, or time of 

designation of the airspace. Specifically, 

this action replaces an obsolete street 

reference in the description. It is not 

expected to cause any potentially 

significant environmental impacts, and 

no extraordinary circumstances exist 

that warrant preparation of an 

environmental assessment. 

List of Subjects in 14 CFR Part 73 

Airspace, Prohibited areas, Restricted 

areas. 

Adoption of Amendment 

In consideration of the foregoing, the 

Federal Aviation Administration 

amends 14 CFR part 73 as follows: 

PART 73—SPECIAL USE AIRSPACE 

■ 1. The authority citation for part 73 

continues to read as follows: 

Authority: 49 U.S.C. 106(g), 40103, 40113, 

40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– 

1963 Comp., p. 389. 

§ 73.87 [Amended] 

■ 2. § 73.87 is amended as follows: 

* * * * * 

P–56 District of Columbia [Amended] 

By removing the current boundaries 

for Area A and substituting the 

following: 

Boundaries 

A. Beginning at the southwest corner 

of the Lincoln Memorial (lat. 38°53′20′′ 

N., long. 77°03′02′′ W.); thence via a 

327° bearing, 0.6 miles, to intersect the 

Rock Creek and Potomac Parkway, NW 

(at lat. 38°53′45′′ N., long. 77°03′23′′ W.); 

thence northeast to the intersection of 

New Hampshire Avenue, NW and F 

Street, NW (at lat. 38°53′50′′ N., long. 

77°03′17′′ W.); thence along New 

Hampshire Avenue, NW, 0.4 miles to 

Washington Circle at the intersection of 

New Hampshire Avenue and K Street, 

NW (lat. 38°54′08′′ N., long. 77°03′01′′ 

W.); thence east along K Street 2.5 miles 

to the railroad overpass between First 

and Second Streets, NE (lat. 38°54′08′′ 

N., long. 77°00′13′′ W.); thence southeast 

via a 158° bearing 0.7 miles, to the 

southeast corner of Stanton Square, at 

the intersection of Massachusetts 

Avenue and Sixth Street, NE (lat. 

38°53′35′′ N., long. 76°59′56′′ W.); 

thence southwest via a 211° bearing 0.8 

miles, to the Capitol Power Plant at the 

intersection of New Jersey Avenue and 

E Street, SE (lat. 38°52′59′′ N., long. 

77°00′24′′ W.); thence west via a 265° 

bearing 0.7 miles, to the intersection of 

the Southwest Freeway (Interstate Route 

395) and Sixth Street, SW extended (lat. 

38°52′56′′ N., long. 77°01′12′′ W.); 

thence north along Sixth Street 0.4 

miles, to the intersection of Sixth Street 

and Independence Avenue, SW (lat. 

38°53′15′′ N., long. 77°01′12′′ W.); 

thence west along the north side of 

Independence Avenue 0.8 miles, to the 

intersection of Independence Avenue 

and 15th Street, SW (lat. 38°53′16′′ N., 

long. 77°02′01′′ W.); thence west along 

the southern lane of Independence 

Avenue 0.4 miles to the west end of the 

Kutz Memorial Bridge over the Tidal 

Basin (lat. 38°53′12′′ N., long. 77°02′27′′ 

W.); thence west via a 285° bearing 0.6 

miles, to the southwest corner of the 

Lincoln Memorial, to the point of 

beginning. 

* * * * * 

Issued in Washington, DC, on February 11, 

2011. 

Edith V. Parish, 

Manager, Airspace, Regulations and ATC 

Procedures Group. 

[FR Doc. 2011–3666 Filed 2–17–11; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Centers for Medicare & Medicaid 

Services 

42 CFR Part 424 

[CMS–1510–F2] 

RIN 0938–AP88 

Medicare Program; Home Health 

Prospective Payment System Rate 

Update for Calendar Year 2011; 

Changes in Certification Requirements 

for Home Health Agencies and 

Hospices; Correction 

AGENCY: Centers for Medicare & 

Medicaid Services (CMS), HHS. 

WReier-Aviles on DSKGBLS3C1PROD with RULES

Federal Register / Vol. 76, No. 34 / Friday, February 18, 2011 / Rules and Regulations 9503 

ACTION: Final rule; correcting 

amendment. 

SUMMARY: In the November 17, 2010 

issue of the Federal Register, we 

published a final rule that set forth an 

update to the Home Health Prospective 

Payment System (HH PPS) rates, 

including: The national standardized 

60-day episode rates, the national pervisit rates, the nonroutine medical 

supply (NRS) conversion factors, and 

the low utilization payment amount 

(LUPA) add-on payment amounts, 

under the Medicare prospective 

payment system for HHAs. This 

correcting amendment corrects a 

technical error identified in the 

November 17, 2010 final rule. 

DATES: Effective Date: This correcting 

amendment is effective February 18, 

2011. 

FOR FURTHER INFORMATION CONTACT: 

Randy Throndset, (410) 786–0131. 

SUPPLEMENTARY INFORMATION: 

I. Background 

In FR Doc. 2010–27778 (75 FR 70372), 

the final rule entitled ‘‘Medicare 

Program; Home Health Prospective 

Payment System Rate Update for 

Calendar Year 2011; Changes in 

Certification Requirements for Home 

Health Agencies and Hospices’’ 

(hereinafter referred to as the CY 2011 

HH PPS final rule), there was a 

technical error that is identified and 

corrected in the regulations text of this 

correcting amendment. The provisions 

of this correcting amendment are 

effective January 1, 2011. 

II. Summary of Errors in the 

Regulations Text 

On page 70464 of the CY 2011 HH 

PPS final rule, we made a technical 

error in the regulation text of 

§ 424.22(b)(1). That language 

inadvertently deleted paragraphs 

(b)(1)(i) and (ii). Accordingly, we are 

adding those paragraphs in this 

correcting amendment. 

III. Waiver of Proposed Rulemaking 

and Delay in Effective Date 

We ordinarily publish a notice of 

proposed rulemaking in the Federal 

Register to provide a period for public 

comment before the provisions of a rule 

take effect in accordance with section 

553(b) of the Administrative Procedure 

Act (APA) (5 U.S.C. 553(b)). However, 

we can waive this notice and comment 

procedure if the Secretary finds, for 

good cause, that the notice and 

comment process is impracticable, 

unnecessary, or contrary to the public 

interest, and incorporates a statement of 

the finding and the reasons therefore in 

the notice. 

Section 553(d) of the APA ordinarily 

requires a 30-day delay in effective date 

of final rules after the date of their 

publication in the Federal Register. 

This 30-day delay in effective date can 

be waived, however, if an agency finds 

for good cause that the delay is 

impracticable, unnecessary, or contrary 

to the public interest, and the agency 

incorporates a statement of the findings 

and its reasons in the rule issued. 

Our policy on timing and signature of 

recertification for home health services 

in the calendar year (CY) 2011 final rule 

has previously been subjected to notice 

and comment procedures. These 

corrections are consistent with the 

discussion of this policy in the CY 2011 

final rule and do not make substantive 

changes to this policy. This correcting 

amendment merely corrects technical 

errors in the regulations text of the CY 

2011 final rule. As a result, this 

correcting amendment is intended to 

ensure that the CY 2011 final rule 

accurately reflects the policy adopted in 

the final rule. Therefore, we find that 

undertaking further notice and comment 

procedures to incorporate these 

corrections into the final rule is 

unnecessary and contrary to the public 

interest. 

For the same reasons, we are also 

waiving the 30-day delay in effective 

date for this correcting amendment. We 

believe that it is in the public interest 

to ensure that the CY 2011 final rule 

accurately states our policy on timing 

and signature of recertification for home 

health services. Thus delaying the 

effective date of these corrections would 

be contrary to the public interest. 

Therefore, we also find good cause to 

waive the 30-day delay in effective date. 

List of Subjects in 42 CFR Part 424 

Emergency medical services, Health 

facilities, Health professions, Medicare, 

Reporting and recordkeeping 

requirements. 

Accordingly, the Centers for Medicare 

& Medicaid Services corrects 42 CFR 

part 424 by making the following 

correcting amendment: 

PART 424—CONDITIONS FOR 

MEDICARE PAYMENT 

■ 1. The authority citation for part 424 

continues to read as follows: 

Authority: Secs. 1102 and 1871 of the 

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

1395hh). 

■ 2. Amend § 424.22 by adding 

paragraphs (b)(1)(i) and (b)(1)(ii) to read 

as follows: 

§ 424.22 Requirements for home health 

services. 

* * * * * 

(b) * * * 

(1) * * * 

(i) Beneficiary elected transfer; or 

(ii) Discharge and return to the same 

HHA during the 60-day episode. 

* * * * * 

Authority: (Catalog of Federal Domestic 

Assistance Program No. 93.773, Medicare— 

Hospital Insurance; and Program No. 93.774, 

Medicare—Supplementary Medical 

Insurance Program) 

Dated: February 10, 2011. 

Dawn L. Smalls, 

Executive Secretary to the Department. 

[FR Doc. 2011–3779 Filed 2–17–11; 8:45 am] 

BILLING CODE 4120–01–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Centers for Medicare & Medicaid 

Services 

42 CFR Parts 483, 488, 489 and 498 

[CMS–3230–IFC] 

RIN 0938–AQ09 

Medicare and Medicaid Programs; 

Requirements for Long-Term Care 

(LTC) Facilities; Notice of Facility 

Closure 

AGENCY: Centers for Medicare & 

Medicaid Services (CMS), HHS. 

ACTION: Interim final rule with comment 

period. 

SUMMARY: This interim final rule 

amends the requirements that a longterm care (LTC) facility must meet in 

order to qualify to participate as a 

skilled nursing facility (SNF) in the 

Medicare program, or a nursing facility 

(NF) in the Medicaid program. These 

requirements implement section 6113 of 

the Affordable Care Act to ensure that, 

among other things, in the case of a LTC 

facility closure, individuals serving as 

administrators of a SNF or NF provide 

written notification of the impending 

closure and a plan for the relocation of 

residents at least 60 days prior to the 

impending closure or, if the Secretary 

terminates the facility’s participation in 

Medicare or Medicaid, not later than the 

date the Secretary determines 

appropriate. 

DATES: Effective Date: March 23, 2011. 

Comments: To be assured 

consideration, comments must be 

received at one of the addresses 

provided below, no later than 5 p.m. on 

April 19, 2011. 

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