Federal Register / Vol. 86, No. 29 / Tuesday, February 16, 2021 / Rules and Regulations 9471 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Centers for Medicare & Medicaid 

Services 

42 CFR Parts 400, 410, 414, 415, 423, 

424, and 425 

[CMS–1734–F2] 

RIN 0938–AU10, 0938–AU31, 0938–AU32, 

and 0938–AU33 

Medicare Program; CY 2021 Payment 

Policies Under the Physician Fee 

Schedule and Other Changes to Part B 

Payment Policies; Medicare Shared 

Savings Program Requirements; 

Medicaid Promoting Interoperability 

Program Requirements for Eligible 

Professionals; Quality Payment 

Program; Coverage of Opioid Use 

Disorder Services Furnished by Opioid 

Treatment Programs; Medicare 

Enrollment of Opioid Treatment 

Programs; Electronic Prescribing for 

Controlled Substances for a Covered 

Part D Drug; Payment for Office/ 

Outpatient Evaluation and 

Management Services; Hospital IQR 

Program; Establish New Code 

Categories; Medicare Diabetes 

Prevention Program (MDPP) Expanded 

Model Emergency Policy; Coding and 

Payment for Virtual Check-In Services 

Interim Final Rule Policy; Coding and 

Payment for Personal Protective 

Equipment (PPE) Interim Final Rule 

Policy; Regulatory Revisions in 

Response to the Public Health 

Emergency (PHE) for COVID–19; and 

Finalization of Certain Provisions From 

the March 31st, May 8th and 

September 2nd Interim Final Rules in 

Response to the PHE for COVID–19; 

Correcting Amendment 

AGENCY: Centers for Medicare & 

Medicaid Services (CMS), HHS. 

ACTION: Final rule and interim final rule; 

correcting amendment. 

SUMMARY: This document corrects a 

typographical error in the final rule that 

appeared in the December 28, 2020 

Federal Register (hereinafter referred to 

as the CY 2021 PFS final rule). The 

effective date was January 1, 2021. 

DATES: Effective date: This correcting 

amendment is effective February 16, 

2021. 

Applicability date: The correction 

indicated in this document is applicable 

beginning January 1, 2021. 

FOR FURTHER INFORMATION CONTACT: 

Cynthia Lambert Lawson, (410) 786– 

1366, Gaysha Brooks, (410) 786–9649, or 

Annette Brewer, (410) 786–6580. 

SUPPLEMENTARY INFORMATION: 

I. Background 

In FR Doc. 2020–26815 of December 

28, 2020, the CY 2021 PFS final rule (85 

FR 84472), there was a typographical 

error that is identified and corrected in 

the regulation text of this correcting 

amendment. The correction is 

applicable as of January 1, 2021. 

II. Summary of Error in the Regulations 

Text 

On page 85033 of the CY 2021 PFS 

final rule, we made a typographical 

error in amendatory instruction 24b for 

the regulation text of § 414.1400(b)(2) 

introductory text. In this amendatory 

instruction, we inadvertently noted that 

we were revising paragraph (b)(2) 

introductory text instead of adding it. 

Accordingly, we are revising 

amendatory instruction 24b to 

accurately reflect the addition of 

paragraph (b)(2) introductory text. 

III. Waiver of Proposed Rulemaking 

and Delay in Effective Date 

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

Administrative Procedure Act (the 

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 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 APA 

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 notice and comment rulemaking 

procedures for good cause if the agency 

makes a finding that the notice and 

comment process is impracticable, 

unnecessary, or contrary to the public 

interest, and includes a statement of the 

finding and the reasons for it in the rule. 

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

APA and section 1871(e)(1)(B)(ii) 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 in the rule a statement 

of the finding and the reasons for it. 

In our view, this correcting 

amendment does not constitute a 

rulemaking that would be subject to 

these requirements. This document 

merely corrects a typographical error in 

the CY 2021 PFS final rule. The 

correction contained in this document is 

consistent with, and does not make 

substantive changes to, the policies and 

payment methodologies that were 

proposed, subject to notice and 

comment procedures, and adopted in 

the CY 2021 PFS final rule. As a result, 

the correction made through this 

correcting amendment is intended to 

resolve a typographical error so that the 

CY 2021 PFS final rule accurately 

reflects the policies adopted in the final 

rule. Even if this were a rulemaking to 

which the notice and comment 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 

CY 2021 PFS final rule or delaying the 

effective date of the corrections would 

be contrary to the public interest 

because it is in 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 that we 

previously proposed, received public 

comment on, and subsequently finalized 

in the CY 2021 PFS final rule. For these 

reasons, we believe there is good cause 

to waive the requirements for notice and 

comment and delay in effective date. 

List of Subjects in 42 CFR Part 414 

Administrative practice and 

procedure, Biologics, Diseases, Drugs, 

Health facilities, Health professions, 

Medicare, Reporting and recordkeeping 

requirements. 

Accordingly, 42 CFR chapter IV is 

corrected by making the following 

correcting amendments to part 414: 

PART 414—PAYMENT FOR PART B 

MEDICAL AND OTHER HEALTH 

SERVICES 

■ 1. The authority citation for part 414 

continues to read as follows: 

Authority: 42 U.S.C. 1302, 1395hh, and 

1395rr(b)(l). 


khammond on DSKJM1Z7X2PROD with RULES
9472 Federal Register / Vol. 86, No. 29 / Tuesday, February 16, 2021 / Rules and Regulations 

■ 2. Amend § 414.1400 by revising the 

heading of paragraph (b)(2) and adding 

paragraph (b)(2) introductory text to 

read as follows: 

§ 414.1400 Third party intermediaries. 

* * * * * 

(b) * * * 

(2) QCDR conditions for approval. In 

addition to the other requirements in 

this section, the criteria for an entity to 

be approved as a QCDR include the 

following: 

* * * * * 

Dated: February 9, 2021. 

Wilma M. Robinson, 

Deputy Executive Secretary to the 

Department, Department of Health and 

Human Services. 

[FR Doc. 2021–02985 Filed 2–12–21; 8:45 am] 

BILLING CODE 4120–01–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 73 

[DA 20–1489; FRS 17355] 

Radio Broadcasting Services; Various 

Locations 

AGENCY: Federal Communications 

Commission. 

ACTION: Final rule. 

SUMMARY: This document amends the 

FM Table of Allotments, of the 

Commission’s rules, by reinstating 

certain vacant FM allotments. These FM 

allotments are considered vacant 

because of the cancellation of the 

associated authorizations and licenses, 

or the dismissal of long-form auction 

applications. Theses vacant FM 

allotments have previously undergone 

notice and comment rule making. 

Reinstatement of the vacant allotments 

is merely a ministerial action to 

effectuate licensing procedures. 

Therefore, we find for good cause that 

further notice and comment are 

unnecessary. 

DATES: Effective February 16, 2021. 

FOR FURTHER INFORMATION CONTACT: 

Rolanda F. Smith, Media Bureau, (202) 

418–2700. 

SUPPLEMENTARY INFORMATION: This is a 

synopsis of the Commission’s Order, 

adopted December 17, 2020 and 

released December 18, 2020. The full 

text of this Commission decision is 

available online at http://apps.fcc.gov/ 

ecfs/. This document does not contain 

information collection requirements 

subject to the Paperwork Reduction Act 

of 1995, Public Law 104–13. The 

Commission will not send a copy of the 

Order in a report to be sent to Congress 

and the Government Accountability 

Office pursuant to the Congressional 

Review Act, see 5 U.S.C. 801(a)(1)(A) 

because the Order is a ministerial 

action. 

List of Subjects in 47 CFR Part 73 

Radio, Radio broadcasting. 

Federal Communications Commission. 

Nazifa Sawez, 

Assistant Chief, Audio Division, Media 

Bureau. 

Editorial note: This document was 

received for publication at the Office of the 

Federal Register on January 4, 2021. 

Final Rules 

For the reasons discussed in the 

preamble, the Federal Communications 

Commission amends 47 CFR part 73 as 

follows: 

PART 73—RADIO BROADCAST 

SERVICES 

■ 1. The authority citation for part 73 

continues to read as follows: 

Authority: 47 U.S.C. 154, 155, 301, 303, 

307, 309, 310, 334, 336, 339. 

■ 2. In § 73.202, the table in paragraph 

(b) is amended under Missouri by 

adding entries for Cuba and Wheatland 

in alphabetical order to read as follows: 

§ 73.202 Table of Allotments. 

* * * * * 

(b) * * * 

TABLE 1 TO PARAGRAPH (b) 

[U.S. States] 

Channel No. 

* * * * * 

MISSOURI 

* * * * * 

Cuba ..................................... 269A 

* * * * * 

Wheatland ............................. 272A 

* * * * * 

[FR Doc. 2021–00084 Filed 2–12–21; 8:45 am] 

BILLING CODE 6712–01–P 


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