77404 Federal Register / Vol. 85, No. 232 / Wednesday, December 2, 2020 / Rules and Regulations 

L. Congressional Review Act (CRA) 

This action is subject to the CRA, and 

EPA will submit a rule report to each 

House of the Congress and to the 

Comptroller General of the United 

States. This action is not a ‘‘major rule’’ 

as defined by 5 U.S.C. 804(2). 

List of Subjects in 40 CFR Part 320 

Environmental protection, Financial 

responsibility, Hazardous substances. 

Andrew Wheeler, 

Administrator. 

[FR Doc. 2020–26379 Filed 12–1–20; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Centers for Medicare & Medicaid 

Services 

42 CFR Part 512 

[CMS–5527–CN] 

RIN 0938–AT89 

Medicare Program; Specialty Care 

Models To Improve Quality of Care and 

Reduce Expenditures; 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 September 29, 2020 Federal Register 

entitled ‘‘Medicare Program; Specialty 

Care Models To Improve Quality of Care 

and Reduce Expenditures,’’ which 

established the Radiation Oncology 

Model and the End-Stage Renal Disease 

Treatment Choices Model. 

DATES: Effective date: This correcting 

document is effective on December 2, 

2020. 

FOR FURTHER INFORMATION CONTACT: 

Rebecca Cole, (410) 786–1589. 

SUPPLEMENTARY INFORMATION: 

I. Background 

In FR Doc. 2020–20907 of September 

29, 2020 (85 FR 61114), there were a 

number of technical errors that are 

identified and corrected in this 

correcting document. The provisions in 

this correction document are effective as 

if they had been included in the 

document published September 29, 

2020. Accordingly, the corrections are 

effective November 30, 2020. 

II. Summary of Errors 

On page 61159, in our discussion of 

the entitled ‘‘Episode Length’’ there is 

an error in an in-text citation to the 

proposed rule, so 84 FR 3499 is 

corrected to 84 FR 34499, along with the 

correct link to the proposed rule. 

On pages 61289, 61292, 61295, 61296, 

61297, 61319, 61327, 61328, 61329, 

61349, 61350, 61353, and 61354, we 

made errors in the numbering and 

reference numbers for several tables. 

On pages 61357, 61358, and 61359 in 

our discussion of the effects on 

Radiation Oncology (RO) Participants, 

we made errors in wage-related 

information. On page 61359, in our 

discussion of the Regulatory Flexibility 

Act requirements for the Radiation 

Oncology Model, we made a calculation 

error regarding the distribution of 

payment changes. Under Medicare FFS, 

physician group practices (PGPs) are 

largely paid through the Medicare 

Physician Fee Schedule (PFS) for 

radiotherapy services while hospital 

outpatient departments (HOPDs) are 

paid through the Outpatient Prospective 

Payment System (OPPS). Unit-cost 

increases under the PFS are projected to 

be lower than under the OPPS. 

Therefore, the RO Model will affect 

payments to RO participants that are 

PGPs and HOPDs differentially over 

time through the use of a site neutral 

update factor. The referenced 

calculations are revised to properly 

value this effect. 

III. Waiver of Proposed Rulemaking, 

60-Day Comment Period, and Delay in 

Effective Date 

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

Administrative Procedure Act (APA), 

the agency is required to 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. Similarly, section 

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

(the Act) requires the Secretary to 

provide for notice of the proposed 

rulemaking 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 (5 U.S.C. 553(d)) 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 the 

effective date APA 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 

rulemaking processes are 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 the 

agency includes a statement of support. 

We believe that this correcting 

document does not constitute a rule that 

would be subject to the notice and 

comment or delayed effective date 

requirements. This document corrects 

technical and typographic errors in the 

Medicare Program; Specialty Care 

Models To Improve Quality of Care and 

Reduce Expenditures final rule (the 

Specialty Care Models final rule), but 

does not make substantive changes to 

the policies or payment methodologies 

that were adopted in the final rule. As 

a result, this corrective document is 

intended to ensure that the information 

in the Specialty Care Models final rule 

accurately reflects the policies adopted 

in that document. 

In addition, even if this was a 

rulemaking to which the notice and 

comment procedures and delayed 

effective date requirements applied, we 

find that there is good cause to waive 

such requirements. Undertaking further 

notice and comment procedures to 

incorporate the corrections in this 

document into the final rule would be 

contrary to the public interest because it 

is in the public’s interest for model 

participants to receive appropriate 

payments in as timely a manner as 

possible and to ensure that the Specialty 

Care Models final rule accurately 

reflects our methodologies and policies 

as of the date they take effect and are 

applicable. 

Furthermore, such procedures would 

be unnecessary, as we are not altering 

the implementation of the models or the 

way participants in the models will 

perform, but rather we are simply 

correctly implementing the policies that 

we previously proposed, received 

comment on, and subsequently 

finalized. This correcting document is 

intended solely to ensure that the 

Specialty Care Models final rule 

accurately reflects these payment 

methodologies and policies. For these 

reasons, we believe we have good cause 

to waive the notice and comment and 

effective date requirements. 

IV. Correction of Errors 

In FR Doc. 2020–20907 of September 

29, 2020 (85 FR 61114), make the 

following corrections: 

Federal Register / Vol. 85, No. 232 / Wednesday, December 2, 2020 / Rules and Regulations 77405 

1. On page 61159, first column, last 

paragraph, lines 1 and 2, the reference 

‘‘(84 FR 3499)’’ is corrected to read ‘‘(84 

FR 34499)’’. 

2. On page 61289, lower one-fourth of 

the page, the table title ‘‘TABLE 11: 

PROPOSED HDPA SCHEDULE’’ is 

corrected to read ‘‘TABLE 15: 

PROPOSED HDPA SCHEDULE’’. 

3. On page 61292, in the middle of the 

page, the table title ‘‘TABLE 11.a: HDPA 

SCHEDULE’’ is corrected to read 

‘‘TABLE 15.a: HDPA SCHEDULE’’. 

4. On page 61295, third column, last 

partial paragraph, line 1, the reference 

‘‘Table 12’’ is corrected to read ‘‘Table 

16’’. 

5. On page 61296— 

a. Top of the page, the table title 

‘‘TABLE 12: PROPOSED ETC MODEL 

SCHEDULE OF MEASUREMENT 

YEARS AND PPA PERIODS’’ is 

corrected to read ‘‘TABLE 16: 

PROPOSED ETC MODEL SCHEDULE 

OF MEASUREMENT YEARS AND PPA 

PERIODS’’. 

b. Lower half of the page, second 

column, partial paragraph, line 2, the 

table reference ‘‘Table 12.a’’ is corrected 

to read ‘‘Table 16.a’’. 

6. On page 61297, the table title, 

‘‘TABLE 12.a: ETC MODEL SCHEDULE 

OF MEASUREMENT YEARS AND PPA 

PERIODS’’ is corrected to read ‘‘TABLE 

16.a: ETC MODEL SCHEDULE OF 

MEASUREMENT YEARS AND PPA 

PERIODS’’. 

7. On page 61319, the table title, 

‘‘TABLE 13: PROPOSED SCORING 

METHODOLOGY FOR ASSESSMENT 

OF MEASUREMENT YEARS 1 AND 2 

ACHIEVEMENT SCORES AND 

IMPROVEMENT SCORES ON THE 

HOME DIALYSIS RATE AND 

TRANSPLANT RATE’’ is corrected to 

read ‘‘TABLE 17: PROPOSED SCORING 

METHODOLOGY FOR ASSESSMENT 

OF MEASUREMENT YEARS 1 AND 2 

ACHIEVEMENT SCORES AND 

IMPROVEMENT SCORES ON THE 

HOME DIALYSIS RATE AND 

TRANSPLANT RATE’’. 

8. On page 61327, the table title, 

‘‘TABLE 14: PROPOSED FACILITY 

PERFORMANCE PAYMENT 

ADJUSTMENT AMOUNTS AND 

SCHEDULE’’ is corrected to read 

‘‘TABLE 18: PROPOSED FACILITY 

PERFORMANCE PAYMENT 

ADJUSTMENT AMOUNTS AND 

SCHEDULE’’. 

9. On page 61328— 

a. Top of the page, first column, first 

full paragraph, line 8, the phrase ‘‘Table 

14.a’’ should read ‘‘Table 18.a’’. 

b. Middle of the page, the table title 

‘‘TABLE 14a: FACILITY 

PERFORMANCE PAYMENT 

ADJUSTMENT AMOUNTS AND 

SCHEDULE’’ is corrected to read 

‘‘TABLE 18.a: FACILITY 

PERFORMANCE PAYMENT 

ADJUSTMENT AMOUNTS AND 

SCHEDULE’’. 

c. In the third column, first full 

paragraph, line 1, the table reference, 

‘‘Table 15’’ is corrected to read ‘‘Table 

19’’. 

10. On page 61329— 

a. Top of the page, the table title, 

‘‘TABLE 15: PROPOSED CLINICIAN 

PERFORMANCE PAYMENT 

ADJUSTMENT AMOUNTS AND 

SCHEDULE’’ is corrected to read 

‘‘TABLE 19: PROPOSED CLINICIAN 

PERFORMANCE PAYMENT 

ADJUSTMENT AMOUNTS AND 

SCHEDULE’’ 

b. Top half of page (after Table 15), 

second column, partial paragraph, line 

5, the table reference ‘‘Table 15.a’’ is 

corrected to read ‘‘Table 19.a’’. 

c. Lower half of the page, the table 

title, ‘‘TABLE 15a: CLINICIAN 

PERFORMANCE PAYMENT 

ADJUSTMENT AMOUNTS AND 

SCHEDULE’’ is corrected to read 

‘‘TABLE 19.a: CLINICIAN 

PERFORMANCE PAYMENT 

ADJUSTMENT AMOUNTS AND 

SCHEDULE’’. 

11. On page 61349, first column, first 

full paragraph, last line, the table 

reference ‘‘Table 2’’ is corrected to read 

‘‘Table 21’’. 

12. On page 61350— 

a. First column, last full paragraph, 

line 1, the table reference ‘‘Table 1’’ is 

corrected to read ‘‘Table 20’’. 

b. Second column; first paragraph, 

line 35, the table reference ‘‘Table 1’’ is 

corrected to read ‘‘Table 20’’. 

13. On page 61351, top of the page, 

the table title, ‘‘TABLE 1. ESTIMATES 

OF MEDICARE PROGRAM SAVINGS 

(MILLIONS $) FOR RADIATION 

ONCOLOGY MODEL (Starting January 

1, 2021)’’ is corrected to read ‘‘TABLE 

20: ESTIMATES OF MEDICARE 

PROGRAM SAVINGS (MILLIONS $) 

FOR RADIATION ONCOLOGY MODEL 

(Starting January 1, 2021)’’ 

14. On page 61353, first column, first 

paragraph—, 

a. Line 1, the table reference ‘‘Table 

2’’ is corrected to read ‘‘Table 21’’. 

b. Line 16, the table reference ‘‘Table 

2’’ is corrected to read ‘‘Table 21’’. 

15. On page 61354— 

a. Top of the page, the table title, 

‘‘TABLE 2. ESTIMATES OF MEDICARE 

PROGRAM SAVINGS (ROUNDED $M) 

FOR ESRD TREATMENT CHOICES 

MODEL’’ is corrected to read ‘‘TABLE 

21: ESTIMATES OF MEDICARE 

PROGRAM SAVINGS (ROUNDED $M) 

FOR ESRD TREATMENT CHOICES 

MODEL’’. 

b. Lower half of the page, first 

column, last paragraph, line 4, the table 

reference ‘‘Table 2’’ is corrected to read 

‘‘Table 21’’. 

16. On page 61355, first column, first 

full paragraph— 

a. Line 9, the table reference, ‘‘Table 

2’’ is corrected to read ‘‘Table 21’’. 

b. Line 21, the table reference, ‘‘Table 

2’’ is corrected to read ‘‘Table 21’’. 

17. On page 61357, third column— 

a. Last paragraph, line 19, the figure 

‘‘$19.40’’ is corrected to read ‘‘$20.50’’ 

b. Last paragraph, line 21, the figure 

‘‘$38.80’’ is corrected to read ‘‘$41.00’’ 

c. Last footnote (footnote 175), line 2, 

the figure ‘‘$19.40’’ is corrected to read 

‘‘$20.50’’. 

18. On page 61358— 

a. First column, in the first partial 

paragraph, 

(1) Line 2, the figure ‘‘$183.14’’ 

should be replaced with ‘‘$193.52’’ 

(2) Line 4, the figure ‘‘$173,983’’ 

should be replaced with ‘‘$183,844.00’’, 

(3) Line 5, the figure ‘‘$183.14’’ 

should be replaced with ‘‘$193.52’’ 

(4) Line 6, the figure ‘‘$173,983’’ 

should be replaced with ‘‘$183,844.00’’. 

b. First column, fourth full 

paragraph— 

(1) Line 12, the figure ‘‘$1,743.07’’ is 

corrected to read ‘‘$1,845.00’’. 

(2) Line 18, the figure ‘‘$1,655,916.50’’ 

is corrected to read ‘‘$1,752,750.00’’. 

c. Second column, first full 

paragraph— 

(1) Line 11, the figure ‘‘$1,093.26’’ is 

corrected to read ‘‘$1,106.94’’. 

(2) Line 13, the figure ‘‘$3,170,454.00’’ 

is corrected to read ‘‘$3,210,126.00’’. 

(3) Line 14, the phrase ‘‘$1,093.269/ 

participant’’ is corrected to read 

‘‘$1,106.94/participant’’. 

(4) Line 20, the figure ‘‘$3,019.47’’ is 

corrected to read ‘‘$3,145.46’’ and 

‘‘$1,093.26’’ is corrected to read 

$1,106.94’’. 

(5) Line 21, the figure ‘‘$183.14’’ is 

corrected to read ‘‘$193.52’’. 

(6) Line 23, the figure ‘‘$1,743.07’’ is 

corrected to read ‘‘$1,845.00’’. 

(7) Line 25, the figure ‘‘$2,868,496.50’’ 

is corrected to read ‘‘$2,988,187.00’’. 

(8) Line 27 the figure ‘‘$2,131,350.00’’ 

is corrected to read ‘‘$2,158,533.00’’. 

(9) Line 30, the figure ‘‘$4,999,846.50’’ 

is corrected to read ‘‘$5,146,720.50’’. 

19. On page 61359— 

a. First column, first full paragraph— 

(1) Line 4, the phrase ‘‘reduced by 

6.0’’ is corrected to read ‘‘increased by 

1.6’’. 

(2) Line 6 the phrase ‘‘reduced by 4.7’’ 

is corrected to read ‘‘reduced by 8.7’’. 

(3) Line 22, the figure ‘‘$1,743.06’’ is 

corrected to read ‘‘$1,845.00’’. 

(3) Line 23 to 26, the sentence ‘‘We 

assume that our estimate for the 

77406 Federal Register / Vol. 85, No. 232 / Wednesday, December 2, 2020 / Rules and Regulations 

submission of quality measures remains 

an accurate estimate at $310.40 per 

year.’’ is corrected to read, ‘‘We revise 

our estimate for the submission of 

quality measures to an estimated 

$328.00 per year.’’ 

(5) Line 28, ‘‘$1,432.67’’ is corrected 

to read ‘‘$1,517.00’’, and ‘‘$38.80’’ is 

corrected to read ‘‘$41.00’’. 

c. Second column— 

(1) First full paragraph— 

(a) Line 6, the figure ‘‘$1,093.26’’ is 

corrected to read ‘‘$1,106.94’’. 

(b) Line 8, the figure ‘‘$183.14’’ is 

corrected to read ‘‘$193.52’’. 

(c) Line 16, the figure ‘‘$95.90’’ is 

corrected to read ‘‘$97.10’’. 

(d) Line 28, the parenthetical 

expression (‘‘$1,093.26 = ($95.20 * 

11.4))’’ is corrected to read ‘‘($1,106.94 

= ($95.20 * 11.4))’’. 

(e) Line 31, the figure ‘‘$183.14’’ is 

corrected to read ‘‘$193.52’’. 

(2) Last footnoted paragraph (footnote 

181), line 2, the figure ‘‘$47.95’’ is 

corrected to read ‘‘$48.55’’. 

20. On page 61361, third column, last 

paragraph, line 4, the phrase ‘‘Tables E3 

and E4’’ is corrected to read ‘‘Tables 22 

and 23’’. 

21. On page 61362, top of the page— 

a. The table title, ‘‘TABLE 3: 

ACCOUNTING STATEMENT 

ESTIMATED IMPACTS FOR THE 

RADIATION ONCOLOGY MODEL’’ is 

corrected to read ‘‘TABLE 22: 

ACCOUNTING STATEMENT 

ESTIMATED IMPACTS FOR THE 

RADIATION ONCOLOGY MODEL’’. 

b. The table title, ‘‘TABLE 4: 

ACCOUNTING STATEMENT 

ESTIMATED IMPACTS FOR END 

STAGE RENAL DISEASE (ESRD) 

TREATMENT CHOICES MODEL’’ is 

corrected to read ‘‘TABLE 23: 

ACCOUNTING STATEMENT 

ESTIMATED IMPACTS FOR END 

STAGE RENAL DISEASE (ESRD) 

TREATMENT CHOICES MODEL’’ 

Wilma M. Robinson, 

Deputy Executive Secretary to the 

Department, Department of Health and 

Human Services. 

[FR Doc. 2020–26512 Filed 11–30–20; 11:15 am] 

BILLING CODE 4120–01–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 665 

[RTID 0648–XA683] 

Pacific Island Fisheries; 2020 U.S. 

Territorial Longline Bigeye Tuna Catch 

Limits for the Commonwealth of the 

Northern Mariana Islands; Correction 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Announcement of a valid 

specified fishing agreement; correction. 

SUMMARY: NMFS published a document 

in the Federal Register of November 23, 

2020, announcing a valid specified 

fishing agreement that allocates up to 

1,000 metric tons (t) of the 2020 bigeye 

tuna limit for the Commonwealth of the 

Northern Mariana Islands (CNMI) to 

U.S. longline fishing vessels. The 

document incorrectly referred to 

American Samoa. 

DATES: December 2, 2020. 

FOR FURTHER INFORMATION CONTACT: 

Lynn Rassel, NMFS PIRO Sustainable 

Fisheries, 808–725–5184. 

SUPPLEMENTARY INFORMATION: 

Correction 

In the Federal Register of November 

23, 2020, in FR Doc. 2020–25806, on 

page 74615, in the first column, correct 

the second sentence of the DATES

caption to read: The start date for 

attributing 2020 bigeye tuna catch to the 

CNMI was November 15, 2020. 

Authority: 16 U.S.C. 1801 et seq. 

Dated: November 24, 2020. 

Jennifer M. Wallace, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2020–26363 Filed 12–1–20; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 200221–0062] 

RTID 0648–XA647 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Reallocation of 

Pacific Cod in the Central Regulatory 

Area of the Gulf of Alaska 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; reallocation. 

SUMMARY: NMFS is reallocating the 

projected unused amounts of Pacific cod 

total allowable catch (TAC) from 

catcher/processors using hook-and-line 

gear, catcher vessels less than 50 feet 

using hook-and-line gear, catcher 

vessels greater than or equal to 50 feet 

using hook-and-line gear, and vessels 

using pot gear to catcher vessels using 

trawl gear and catcher/processors using 

trawl gear in the Central Regulatory 

Area of the Gulf of Alaska (GOA). This 

action is necessary to allow the 2020 

TAC of Pacific cod in the Central 

Regulatory Area of the GOA to be 

harvested. 

DATES: Effective December 2, 2020 

through 2,400 hours, Alaska local time 

(A.l.t.), December 31, 2020. 

FOR FURTHER INFORMATION CONTACT: 

Obren Davis, 907–586–7228. 

SUPPLEMENTARY INFORMATION: NMFS 

manages the groundfish fishery in the 

GOA exclusive economic zone 

according to the Fishery Management 

Plan for Groundfish of the Gulf of 

Alaska (FMP) prepared by the North 

Pacific Fishery Management Council 

under authority of the MagnusonStevens Fishery Conservation and 

Management Act. Regulations governing 

fishing by U.S. vessels in accordance 

with the FMP appear at subpart H of 50 

CFR part 600 and 50 CFR part 679. 

The 2020 Pacific cod TAC specified 

for catcher/processors using hook-andline gear in the Central Regulatory Area 

of the GOA is 192 metric tons (mt) as 

established by the final 2020 and 2021 

harvest specifications for groundfish of 

the GOA (85 FR 13802, March 10, 2020). 

The 2020 Pacific cod TAC specified 

for catcher vessels less than 50 feet 

using hook-and-line gear in the Central 

Regulatory Area of the GOA is 550 mt 

as established by the final 2020 and 

2021 harvest specifications for