81138 Federal Register / Vol. 75, No. 247 / Monday, December 27, 2010 / Rules and Regulations 

or greater shall also measure Pb either as PbTSP or Pb-PM10. The EPA Regional 

Administrator may approve an alternative 

location for the Pb measurement where the 

alternative location would be more 

appropriate for logistical reasons and the 

measurement would provide data on typical 

Pb concentrations in the CBSA. 

* * * * * 

(c) [Reserved.] 

* * * * * 

4.5 * * * (a) State and, where 

appropriate, local agencies are required to 

conduct ambient air Pb monitoring near Pb 

sources which are expected to or have been 

shown to contribute to a maximum Pb 

concentration in ambient air in excess of the 

NAAQS, taking into account the logistics and 

potential for population exposure. At a 

minimum, there must be one source-oriented 

SLAMS site located to measure the maximum 

Pb concentration in ambient air resulting 

from each non-airport Pb source which emits 

0.50 or more tons per year and from each 

airport which emits 1.0 or more tons per year 

based on either the most recent National 

Emission Inventory (http://www.epa.gov/ttn/ 

chief/eiinformation.html) or other 

scientifically justifiable methods and data 

(such as improved emissions factors or sitespecific data) taking into account logistics 

and the potential for population exposure. 

(i) One monitor may be used to meet the 

requirement in paragraph 4.5(a) for all 

sources involved when the location of the 

maximum Pb concentration due to one Pb 

source is expected to also be impacted by Pb 

emissions from a nearby source (or multiple 

sources). This monitor must be sited, taking 

into account logistics and the potential for 

population exposure, where the Pb 

concentration from all sources combined is 

expected to be at its maximum. 

(ii) The Regional Administrator may waive 

the requirement in paragraph 4.5(a) for 

monitoring near Pb sources if the State or, 

where appropriate, local agency can 

demonstrate the Pb source will not contribute 

to a maximum Pb concentration in ambient 

air in excess of 50 percent of the NAAQS 

(based on historical monitoring data, 

modeling, or other means). The waiver must 

be renewed once every 5 years as part of the 

network assessment required under 

§ 58.10(d). 

(iii) State and, where appropriate, local 

agencies are required to conduct ambient air 

Pb monitoring near each of the airports listed 

in Table D–3A for a period of 12 consecutive 

months commencing no later than December 

27, 2011. Monitors shall be sited to measure 

the maximum Pb concentration in ambient 

air, taking into account logistics and the 

potential for population exposure, and shall 

use an approved Pb-TSP Federal Reference 

Method or Federal Equivalent Method. Any 

monitor that exceeds 50 percent of the Pb 

NAAQS on a rolling 3-month average (as 

determined according to 40 CFR part 50, 

Appendix R) shall become a required 

monitor under paragraph 4.5(c) of this 

Appendix, and shall continue to monitor for 

Pb unless a waiver is granted allowing it to 

stop operating as allowed by the provisions 

in paragraph 4.5(a)(ii) of this appendix. Data 

collected shall be submitted to the Air 

Quality System database according to the 

requirements of 40 CFR part 58.16. 

TABLE D–3A AIRPORTS TO BE MONITORED FOR LEAD

Airport County State 

Merrill Field ........................................................................................................................................................ Anchorage ........................ AK 

Pryor Field Regional .......................................................................................................................................... Limestone ......................... AL 

Palo Alto Airport of Santa Clara County ........................................................................................................... Santa Clara ...................... CA 

McClellan-Palomar ............................................................................................................................................ San Diego ........................ CA 

Reid-Hillview ...................................................................................................................................................... Santa Clara ...................... CA 

Gillespie Field .................................................................................................................................................... San Diego ........................ CA 

San Carlos ......................................................................................................................................................... San Mateo ........................ CA 

Nantucket Memorial ........................................................................................................................................... Nantucket ......................... MA 

Oakland County International ............................................................................................................................ Oakland ............................ MI 

Republic ............................................................................................................................................................. Suffolk .............................. NY 

Brookhaven ........................................................................................................................................................ Suffolk .............................. NY 

Stinson Municipal .............................................................................................................................................. Bexar ................................ TX 

Northwest Regional ........................................................................................................................................... Denton .............................. TX 

Harvey Field ...................................................................................................................................................... Snohomish ....................... WA 

Auburn Municipal ............................................................................................................................................... King .................................. WA 

(b) State and, where appropriate, local 

agencies are required to conduct non-sourceoriented Pb monitoring at each NCore site 

required under paragraph 3 of this appendix 

in a CBSA with a population of 500,000 or 

more. 

(c) The EPA Regional Administrator may 

require additional monitoring beyond the 

minimum monitoring requirements 

contained in paragraphs 4.5(a) and 4.5(b) 

where the likelihood of Pb air quality 

violations is significant or where the 

emissions density, topography, or population 

locations are complex and varied. EPA 

Regional Administrators may require 

additional monitoring at locations including, 

but not limited to, those near existing 

additional industrial sources of Pb, recently 

closed industrial sources of Pb, airports 

where piston-engine aircraft emit Pb, and 

other sources of re-entrained Pb dust. 

* * * * * 

[FR Doc. 2010–32153 Filed 12–23–10; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Centers for Medicare & Medicaid 

Services 

42 CFR Part 484 

[CMS–1510–CN2] 

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 

AGENCY: Centers for Medicare & 

Medicaid Services (CMS), HHS. 

ACTION: Correction of final rule. 

SUMMARY: This document corrects a 

technical error 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: 

Sharon Ventura, (410) 786–1985. 

SUPPLEMENTARY INFORMATION: 

I. Background 

In FR Doc. 2010–27778 of November 

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

technical error that this notice serves to 

identify and correct. 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 


erowe on DSK5CLS3C1PROD with RULES
Federal Register / Vol. 75, No. 247 / Monday, December 27, 2010 / Rules and Regulations 81139 

rule. Accordingly, the correction is 

effective January 1, 2011. 

II. Summary of Errors 

On page 70417, in Table 13B, the 

calculation of the NRS payment 

amounts for services provided in rural 

areas is incorrect. In Table 13B, we 

multiplied the NRS payment amounts 

(from Tables 8B and 9B) by the rural 

add-on (X 1.03). However, we should 

have multiplied the NRS conversion 

factors for rural areas (from Table 13A) 

by the appropriate relative weights. We 

are replacing Table 13B in its entirety in 

order to show the correct calculation of 

the NRS payment amounts for services 

provided in rural areas. 

III. Correction of Errors 

In FR Doc. 2010–27778 of November 

17, 2010 (75 FR 70372), make the 

following corrections: 

1. On page 70417, Table 13B is 

corrected to read as follows: 

TABLE 13B—RELATIVE WEIGHTS FOR THE 6-SEVERITY NRS SYSTEM FOR SERVICES PROVIDED IN RURAL AREAS

Severity level Points (scoring) 

For HHAs that DO submit quality 

data (NRS conversion factor = 

54.12) 

For HHAs that DO NOT submit 

quality data (NRS conversion factor 

= 53.05) 

Relative weight 

Total NRS 

payment amount 

for rural areas 

Relative weight 

Total NRS 

payment amount 

for rural areas 

1 ................................................ 0 ................................................ 0.2698 $14.60 0.2698 $14.31 

2 ................................................ 1 to 14 ...................................... 0.9742 $52.72 0.9742 $51.68 

3 ................................................ 15 to 27 .................................... 2.6712 $144.57 2.6712 $141.71 

4 ................................................ 28 to 48 .................................... 3.9686 $214.78 3.9686 $210.53 

5 ................................................ 49 to 98 .................................... 6.1198 $331.20 6.1198 $324.66 

6 ................................................ 99+ ............................................ 10.5254 $569.63 10.5254 $558.37

IV. Waiver of Proposed Rulemaking 

We ordinarily publish a notice of 

proposed rulemaking in the Federal 

Register to provide a period for public 

comment before the provisions of a 

notice such as this take effect in 

accordance with section 553(b) of the 

Administrative Procedure Act (APA) (5 

U.S.C. 553(b)). However, we can waive 

both the notice and comment procedure 

and the 30-day delay in effective date 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. 

We find for good cause that it is 

unnecessary to undertake notice and 

comment rulemaking because this 

notice merely provides typographical 

and technical corrections to the 

regulations. We are not making 

substantive changes to our payment 

methodologies or policies, but rather, 

are simply implementing correctly the 

payment methodologies and policies 

that we previously proposed, received 

comment on, and subsequently 

finalized. The public has already had 

the opportunity to comment on these 

payment methodologies and policies, 

and this correction notice is intended 

solely to ensure that the CY 2011 HH 

PPS final rule accurately reflects them. 

Therefore, we believe that undertaking 

further notice and comment procedures 

to incorporate these corrections into the 

CY 2011 HH PPS final rule is 

unnecessary and contrary to the public 

interest. 

Further, we believe a delayed 

effective date is unnecessary because 

this correction notice merely corrects 

inadvertent typographical and technical 

errors. The changes noted above do not 

make any substantive changes to the HH 

PPS payment methodologies or policies. 

Moreover, we regard imposing a delay 

in the effective date as being contrary to 

the public interest. We believe that it is 

in the public interest for providers to 

receive appropriate HH PPS payments 

in as timely a manner as possible and 

to ensure that the CY 2011 HH PPS final 

rule accurately reflects our payment 

methodologies, payment rates, and 

policies. Therefore, we find good cause 

to waive notice and comment 

procedures, as well as the 30-day delay 

in effective date. 

(Catalog of Federal Domestic Assistance 

Program No. 93.773, Medicare—Hospital 

Insurance; and Program No. 93.774, 

Medicare—Supplementary Medical 

Insurance Program) 

Dated: December 20, 2010. 

Dawn L. Smalls, 

Executive Secretary to the Department. 

[FR Doc. 2010–32496 Filed 12–23–10; 8:45 am] 

BILLING CODE 4120–01–P 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

50 CFR Part 21 

[FWS–R9–MB–2010–0064; 91200–1231– 

9BPP] 

RIN 1018–AX31 

Migratory Bird Permits; States 

Delegated Falconry Permitting 

Authority; Technical Corrections to the 

Regulations 

AGENCY: Fish and Wildlife Service, 

Interior. 

ACTION: Final rule. 

SUMMARY: The States of Arkansas, 

Colorado, Idaho, Maine, Michigan, 

Missouri, South Dakota, and 

Washington have requested that we, the 

U.S. Fish and Wildlife Service, delegate 

permitting for falconry to the State, as 

provided under the regulations at 50 

CFR 21.29. We have reviewed 

regulations and supporting materials 

provided by the States and have 

concluded that their regulations comply 

with the Federal regulations. We change 

the falconry regulations accordingly. We 

also correct or clarify several small 

errors in the regulations and move one 

section to make the regulations more 

consistent. 

DATES: This rule is effective January 1, 

2011. 

FOR FURTHER INFORMATION CONTACT: Dr. 

George T. Allen, Division of Migratory 

Bird Management, U.S. Fish and 

Wildlife Service, 703–358–1825. 

SUPPLEMENTARY INFORMATION: 


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