67082 Federal Register / Vol. 83, No. 248 / Friday, December 28, 2018 / Rules and Regulations 

SUPPLEMENTARY INFORMATION: The Coast 

Guard will enforce the following 

segment of the Safety Zone: Brandon 

Road Lock and Dam to Lake Michigan 

including Des Plaines River, Chicago 

Sanitary and Ship Canal, Chicago River, 

Calumet-Saganashkee Channel, Chicago, 

IL, listed in 33 CFR 165.930. 

Specifically, the Coast Guard will 

enforce this safety zone on all waters of 

the Chicago Sanitary and Ship Canal 

between Mile Marker 296.1 to Mile 

Marker 296.7. Enforcement will occur 

on each Monday through Friday from 7 

a.m. until 5 p.m., from December 21, 

2018 until February 8, 2019. All vessels 

must obtain permission from the 

Captain of the Port, Sector Lake 

Michigan, or his or her designated 

representative to enter into, transit, 

moor, lay up or anchor within any 

enforced segment of the safety zone 

when the safety zone is enforced. 

Vessels and persons granted permission 

to enter the safety zone shall obey all 

lawful orders or directions of the 

Captain of the Port Lake Michigan, or 

his or her on-scene representative. 

This notice of enforcement is issued 

under the authority of 33 CFR 165.930 

and 5 U.S.C. 552(a). In addition to this 

publication in the Federal Register, the 

Captain of the Port Lake Michigan will 

also provide notice through other 

means, which will include Broadcast 

Notice to Mariners, Local Notice to 

Mariners, and distribution in leaflet 

form. Additionally, the Captain of the 

Port Lake Michigan may notify 

representatives from the maritime 

industry through telephonic and email 

notifications. If the Captain of the Port 

or a designated representative 

determines that the regulated area need 

not be enforced for the full duration 

stated in this notice of enforcement or 

suspends the safety zone in part, he or 

she may use a Broadcast Notice to 

Mariners, Local Notice to Mariners, and 

may notify representatives from the 

maritime industry through telephonic 

and email notifications to grant general 

permission to enter the regulated area. 

The Captain of the Port Lake Michigan 

or a designated on-scene representative 

may be contacted via Channel 16, VHF– 

FM or at (414) 747–7182. 

Dated: December 20, 2018. 

Thomas J. Stuhlreyer, 

Captain, U.S. Coast Guard, Captain of the 

Port Lake Michigan. 

[FR Doc. 2018–28162 Filed 12–27–18; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Centers for Medicare & Medicaid 

Services 

42 CFR Parts 413 and 414 

[CMS–1691–CN] 

RIN 0938–AT28 

Medicare Program; End-Stage Renal 

Disease Prospective Payment System, 

Payment for Renal Dialysis Services 

Furnished to Individuals With Acute 

Kidney Injury, End-Stage Renal 

Disease Quality Incentive Program, 

Durable Medical Equipment, 

Prosthetics, Orthotics and Supplies 

(DMEPOS) Competitive Bidding 

Program (CBP) and Fee Schedule 

Amounts, and Technical Amendments 

To Correct Existing Regulations 

Related to the CBP for Certain 

DMEPOS; Correction 

AGENCY: Centers for Medicare & 

Medicaid Services (CMS), HHS. 

ACTION: Final rule; correction. 

SUMMARY: This document corrects 

technical and typographical errors that 

appeared in the final rule published in 

the Federal Register on November 14, 

2018 titled ‘‘Medicare Program; EndStage Renal Disease Prospective 

Payment System, Payment for Renal 

Dialysis Services Furnished to 

Individuals With Acute Kidney Injury, 

End-Stage Renal Disease Quality 

Incentive Program, Durable Medical 

Equipment, Prosthetics, Orthotics and 

Supplies (DMEPOS) Competitive 

Bidding Program (CBP) and Fee 

Schedule Amounts, and Technical 

Amendments To Correct Existing 

Regulations Related to the CBP for 

Certain DMEPOS.’’ 

DATES: Effective Date: This correction is 

effective on January 1, 2019. 

FOR FURTHER INFORMATION CONTACT: 

Alexander Ullman, (410) 786–9671 and 

DMEPOS@cms.hhs.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

In FR Doc. 2018–24238 of November 

14, 2018 (83 FR 56922), there were 

technical and typographical errors that 

are identified and corrected in the 

Correction of Errors section below. The 

provisions in this correction document 

are effective as if they had been 

included in the document published on 

November 14, 2018. Accordingly, the 

corrections are effective January 1, 2019. 

II. Summary of Errors 

On page 57029, we inadvertently 

made several technical and 

typographical errors by referencing the 

final rule instead of the proposed rule. 

We are correcting those errors by 

replacing references to ‘‘this rule’’ and 

‘‘this final rule’’ with the correct 

reference to the Calendar Year (CY) 

2019 End-Stage Renal Disease 

Prospective Payment System, Durable 

Medical Equipment, Prosthetics, 

Orthotics and Supplies (CY 2019 ESRD 

PPS DMEPOS) proposed rule. 

III. Waiver of Proposed Rulemaking 

Under 5 U.S.C. 553(b) of the 

Administrative Procedure Act (APA), 

the agency is required to publish a 

notice of the proposed rule in the 

Federal Register before the provisions 

of a rule take effect. Similarly, section 

1871(b)(1) of the Social Security Act 

(the Act) requires the Secretary of the 

Department of Health and Human 

Services to provide for notice of the 

proposed rule in the Federal Register 

and provide a period of not less than 60 

days for public comment. In addition, 

section 553(d) of the APA, and section 

1871(e)(1)(B)(i) of the Act mandate a 30- 

day delay in effective date after issuance 

or publication of a rule. Sections 

553(b)(B) and 553(d)(3) of the APA 

provide for exceptions from the notice 

and comment and delay in effective date 

requirements; in cases in which these 

exceptions apply, sections 1871(b)(2)(C) 

and 1871(e)(1)(B)(ii) of the Act provide 

exceptions from the notice and 60-day 

comment period and delay in effective 

date requirements of the Act as well. 

Section 553(b)(B) of the APA and 

section 1871(b)(2)(C) of the Act 

authorize an agency to dispense with 

normal rulemaking requirements for 

good cause if the agency makes a 

finding that the notice and comment 

process is impracticable, unnecessary, 

or contrary to the public interest. In 

addition, both section 553(d)(3) of the 

APA and section 1871(e)(1)(B)(ii) of the 

Act allow the agency to avoid the 30- 

day delay in effective date where such 

delay is contrary to the public interest 

and an agency includes a statement of 

support. 

We believe that this correcting 

document does not constitute a 

rulemaking that would be subject to the 

notice and comment or delayed effective 

date requirements of the APA or section 

1871 of the Act. This document simply 

corrects technical and typographical 

errors in the preamble, but does not 

make substantive changes to the policies 

or payment methodologies that were 

adopted in the final rule. As a result, 


amozie on DSK3GDR082PROD with RULES
Federal Register / Vol. 83, No. 248 / Friday, December 28, 2018 / Rules and Regulations 67083 

this correcting document is intended to 

ensure that the information in the final 

rule accurately reflects the policies 

adopted in that document. 

Even if this were a rulemaking to 

which the notice and comment and 

delayed effective date requirements 

applied, we find there is good cause to 

waive such requirements. Undertaking 

further notice and comment procedures 

to incorporate the corrections in this 

document in the final rule or delaying 

the effective date of the corrections 

would be contrary to the public interest 

to ensure that the rule accurately 

reflects our policies as of the date they 

take effect. Further, such procedures 

would be unnecessary because we are 

not making any substantive revisions to 

the final rule, but rather, we are simply 

correcting the Federal Register 

document to reflect the policies we 

previously proposed, received public 

comment on, and subsequently finalized 

in the final rule. For these reasons, we 

believe that we have good cause to 

waive the notice and comment and 

delay in effective date requirements. 

IV. Correction of Errors 

In FR Doc. 2018–24238 of November 

14, 2018 (83 FR 56922), make the 

following corrections: 

1. On page 57029, first column, 

second full paragraph, 

a. In line 16, the reference ‘‘this rule’’ 

is corrected to read ‘‘the CY 2019 ESRD 

PPS DMEPOS proposed rule’’. 

b. In line 17, the reference ‘‘this final 

rule’’ is corrected to read ‘‘the CY 2019 

ESRD PPS DMEPOS proposed rule’’. 

2. On page 57029, second column, 

second full paragraph, in lines 27 and 

28, the reference ‘‘this final rule’’ is 

corrected to read ‘‘the CY 2019 ESRD 

PPS DMEPOS proposed rule’’. 

Dated: December 20, 2018. 

Ann C. Agnew, 

Executive Secretary to the Department, 

Department of Health and Human Services. 

[FR Doc. 2018–28347 Filed 12–21–18; 4:15 pm] 

BILLING CODE 4120–01–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Centers for Medicare & Medicaid 

Services 

42 CFR Parts 416 and 419 

[CMS–1695–CN2] 

RIN 0938–AT30 

Medicare Program: Changes to 

Hospital Outpatient Prospective 

Payment and Ambulatory Surgical 

Center Payment Systems and Quality 

Reporting Programs; Correction 

AGENCY: Centers for Medicare & 

Medicaid Services (CMS), HHS. 

ACTION: Final rule; correction. 

SUMMARY: This document corrects 

technical and typographical errors in 

the final rule with comment period that 

appeared in the November 21, 2018 

Federal Register titled ‘‘Changes to 

Hospital Outpatient Prospective 

Payment and Ambulatory Surgical 

Center Payment Systems and Quality 

Reporting Programs.’’ 

DATES: The corrections in this document 

are effective January 1, 2019. 

FOR FURTHER INFORMATION CONTACT: 

Marjorie Baldo via email 

Marjorie.Baldo@cms.hhs.gov or at (410) 

786–4617. 

SUPPLEMENTARY INFORMATION: 

I. Background 

In FR Doc. 2018–24243 of November 

21, 2018 (83 FR 58818), there were a 

number of technical and typographical 

errors that are identified and corrected 

in the Correction of Errors section of 

this correcting document. The 

provisions in this correction document 

are effective as if they had been 

included in the document that appeared 

in the November 21, 2018 Federal 

Register. Accordingly, the corrections 

are effective January 1, 2019. 

II. Summary of Errors 

A. Summary of Errors in the Preamble 

1. Hospital Outpatient Prospective 

Payment System (OPPS) Corrections 

On page 58822, we are correcting the 

section ‘‘Payment of Drugs, Biologicals, 

and Radiopharmaceuticals If Average 

Sales Price (ASP) Data Are Not 

Available’’ to remove the language that 

suggests that drugs with pass-through 

status with partial quarter WAC-based 

pricing are not paid at WAC + 3, which 

is incorrect. This correction is necessary 

to conform the introductory language 

regarding OPPS payment policy for 

drugs, biologicals, and 

radiopharmaceuticals with WAC-based 

pricing with the policy adopted in the 

final rule to pay for these drugs, 

biologicals, and radiopharmaceuticals, 

including those with pass-through 

status, at WAC + 3 percent. 

On page 58825, the headings for 

subsections ‘‘c. Impact of the Changes to 

the Hospital OQR Program’’ and ‘‘d. 

Impact of the Changes to the ASCQR 

Program’’ were alphabetically 

mislabeled and are corrected to be ‘‘g. 

Impact of the Changes to the Hospital 

OQR Progam’’ and ‘‘h. Impact of the 

Changes to the ASCQR Program,’’ 

respectively. 

On page 58833, Healthcare Common 

Procedure Coding System (HCPCS) code 

P9072 (Platelets, pheresis, pathogen 

reduced or rapid bacterial tested, each 

unit) was cited in a comment in error. 

The correct HCPCS code is ‘‘P9073’’ not 

‘‘P9072’’. 

On page 58834, we transposed two 

numbers in the Healthcare Common 

Procedure Coding System (HCPCS) code 

P9037 (Platelets, pheresis, leukocytes 

reduced, irradiated, each unit). The 

correct HCPCS code is ‘‘P9037’’, not 

‘‘P9073’’. 

On page 58880, in ‘‘Table 12.—New 

Level II HCPCS Codes Effective April 1, 

2018,’’ we incorrectly stated that the 

Medicare Ambulatory Payment 

Classification (APC) assignment for 

HCPCS code C9749 (Repair nasal 

stenosis w/imp) is ‘‘APC 5164,’’ rather 

than ‘‘APC 5165.’’ The correct APC 

assignment for this code is APC 5165, 

which we finalized on page 58922. 

On page 58909, under section ‘‘6. 

Endovascular Procedures (APCs 5191 

through 5194)’’ of the ‘‘OPPS APCSpecific Policies’’ section, we 

inadvertently omitted a summary of a 

public comment and our response 

related to new calendar year (CY) 2019 

Common Procedural Terminology (CPT) 

code 33274. Therefore, we are revising 

the discussion to include the comment 

and response. 

On pages 58894 to 58897, we 

occasionally stated the wrong APC 

assignment for procedure code C9734 

(Focused ultrasound ablation/ 

therapeutic intervention, other than 

uterine leiomyomata, with magnetic 

resonance (mr) guidance) for CY 2018 

and CY 2019. The correct APC 

assignment for procedure code C9734 is 

APC 5114 for CY 2018 and APC 5115 for 

CY 2019. 

On page 58928 of the ‘‘OPPS APCSpecific Policies’’ section, we 

inadvertently omitted a summary of a 

public comment and response related to 

existing CPT code 47382 and new CY 

2019 CPT code 95983. Therefore, we are 

adding a new subsection titled ‘‘21. 


amozie on DSK3GDR082PROD with RULES