Federal Register / Vol. 75, No. 235 / Wednesday, December 8, 2010 / Rules and Regulations 76293 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Centers for Medicare & Medicaid 

Services 

42 CFR Part 424 

[CMS–1510–CN] 

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. 

ACTION: Correction of final rule. 

SUMMARY: This document corrects a 

technical error in an amendatory 

instruction of the regulations text in the 

final rule that appeared in the 

November 17, 2010 Federal Register 

entitled ‘‘Medicare Program; Home 

Health Prospective Payment System 

Rate Update for Calendar Year 2011; 

Changes in Certification Requirements 

for Home Health Agencies and 

Hospices’’ final rule (75 FR 70372). 

DATES: Effective Date: This correction is 

effective January 1, 2011. 

FOR FURTHER INFORMATION CONTACT: 

Annette Brewer, (410)786–6580. 

SUPPLEMENTARY INFORMATION: 

I. Background 

In FR Doc. 2010–27778 of November 

17, 2010 (75 FR 70372), there was a 

technical error that is identified and 

corrected in this document. The 

provisions of this notice are effective as 

if they had been included in the 

Medicare Program; Home Health 

Prospective Payment System Rate 

Update for Calendar Year 2011; Changes 

in Certification Requirements for Home 

Health Agencies and Hospices’’ final 

rule. Accordingly, the corrections are 

effective January 1, 2011. 

II. Summary of Errors 

On page 70465 of the November 17, 

2010 final rule, we made a technical 

error in the amendatory instruction for 

§ 424.550. In the amendatory instruction 

#11, the phrase ‘‘adding paragraphs 

(b)(1) and (b)(2)’’ is corrected to read 

‘‘revising paragraph (b)(1) and adding 

paragraph (b)(2)’’. 

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 the 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 for it in the 

rule. 

Section 553(d) of the APA ordinarily 

requires a 30-day delay in the effective 

date of final rules after the date of their 

publication. 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. 

This action merely corrects a 

technical error in the amendatory 

instruction for the regulations text in the 

November 17, 2010 final rule that was 

promulgated through notice and 

comment rulemaking. We are in no way 

changing the policy contained in that 

rule. For this reason, we find that both 

notice and comment and the 30-day 

delay in effective date for this action are 

unnecessary. 

IV. Correction of Errors 

In FR Doc. 2010–27778 of November 

17, 2010 (75 FR 70372), make the 

following correction: 

§ 424.550 [Corrected] 

■ On page 70465, in the 1st column; 

amendatory instruction #11, the phrase 

‘‘adding paragraphs (b)(1) and (b)(2)’’ is 

corrected to read ‘‘revising paragraph 

(b)(1) and adding paragraph (b)(2)’’. 

Authority: (Catalog of Federal Domestic 

Assistance Program No. 93.773, Medicare— 

Hospital Insurance; and Program No. 93.774, 

Medicare—Supplementary Medical 

Insurance Program) 

Dated: December 1, 2010. 

Dawn L. Smalls, 

Executive Secretary to the Department. 

[FR Doc. 2010–30651 Filed 12–7–10; 8:45 am] 

BILLING CODE 4120–01–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 73 

[DA 10–2212; MB Docket No. 09–204; RM– 

11580] 

Radio Broadcasting Services; Peach 

Springs, AZ 

AGENCY: Federal Communications 

Commission. 

ACTION: Final rule. 

SUMMARY: The Audio Division, at the 

request of Cochise Media Licenses LLC, 

allots FM Channel 281C3 at Peach 

Springs, Arizona, in order to maintain a 

first local service at that community. 

Channel 281C3 can be allotted at Peach 

Springs, Arizona, in compliance with 

the Commission’s minimum distance 

separation requirements, with a site 

restriction of 4.5 km (2.8 miles) 

northwest of Peach Springs, at the 

following reference coordinates: 35–33– 

46 North Latitude and 113–27–12 West 

Longitude. 

DATES: Effective thirty days after date of 

publication in the Federal Register. 

ADDRESSES: Secretary, Federal 

Communications Commission, 445 12th 

Street, SW., Washington, DC 20554. 

FOR FURTHER INFORMATION CONTACT: 

Deborah Dupont, Media Bureau, (202) 

418–2180. 

SUPPLEMENTARY INFORMATION: This is a 

synopsis of the Commission’s Report 

and Order, MB Docket No. 09–204, 

adopted November 17, 2010, and 

released November 19, 2010. The full 

text of this Commission decision is 

available for inspection and copying 

during normal business hours in the 

FCC Reference Information Center, 

Portals II, 445 12th Street, SW., Room 

CY–A257, Washington, DC 20554. The 

complete text of this decision also may 

be purchased from the Commission’s 

duplicating contractor, Best Copy and 

Printing, Inc., 445 12th Street, SW., 

Room CY–B402, Washington, DC 20554, 

(800) 378–3160, or via the company’s 

Web site, http://www.bcpiweb.com. 

This document does not contain 

proposed information collection 

requirements subject to the Paperwork 

Reduction Act of 1995, Public Law 104– 

13. In addition, therefore, it does not 

contain any proposed information 

collection burden ‘‘for small business 

concerns with fewer than 25 

employees,’’ pursuant to the Small 

Business Paperwork Relief Act of 2002, 

Public Law 107–198, see 44 U.S.C. 

3506(c)(4). The Commission will send a 

copy of this Report and Order in a 

report to be sent to Congress and the 


jlentini on DSKJ8SOYB1PROD with RULES