Federal Register / Vol. 74, No. 185 / Friday, September 25, 2009 / Rules and Regulations 48865 

continue to meet the 1997 PM2.5

NAAQS. 

[FR Doc. E9–23057 Filed 9–24–09; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Centers for Medicare & Medicaid 

Services 

[CMS–1410–CN] 

42 CFR Part 483 

RIN 0938–AP46 

Medicare Program; Prospective 

Payment System and Consolidated 

Billing for Skilled Nursing Facilities; 

Correction 

AGENCY: Centers for Medicare & 

Medicaid Services (CMS), HHS. 

ACTION: Final rule; correction. 

SUMMARY: This document corrects 

technical errors that appeared in the 

final rule published in the Federal 

Register (74 FR 40288) on August 11, 

2009 entitled, ’’Medicare Program; 

Prospective Payment System and 

Consolidated Billing for Skilled Nursing 

Facilities for FY 2010; Minimum Data 

Set, Version 3.0 for Skilled Nursing 

Facilities and Medicaid Nursing 

Facilities.’’ 

DATES: Effective Date: This correction is 

effective October 1, 2009. 

FOR FURTHER INFORMATION CONTACT: Bill 

Ullman, (410) 786–5667. 

SUPPLEMENTARY INFORMATION: 

I. Background 

In FR Doc. E9–18662 of August 11, 

2009 (74 FR 40288), there were three 

errors (two typographical errors and a 

technical error in the wage index 

values) that we are identifying and 

correcting in section III—‘‘Correction of 

Errors’’. The corrections in this notice 

are effective as if they were included in 

the final rule published on August 11, 

2009. Accordingly, the corrections are 

effective October 1, 2009. 

II. Summary of Errors 

In the August 11, 2009 final rule, we 

made two typographical errors in the 

preamble that resulted in an incorrect 

date being cited. First, on page 40293, 

we stated that the ‘‘* * * final rule sets 

forth a schedule of Federal prospective 

payment rates applicable to Medicare 

Part A SNF services beginning October 

1, 2010.’’ We are correcting the date that 

appears in this sentence so that it 

correctly reads ‘‘October 1, 2009’’ 

consistent with Tables 2 and 3 (‘‘FY 

2010 Unadjusted Federal Rate Per Diem 

Urban’’ and ‘‘FY 2010 Unadjusted 

Federal Rate Per Diem Rural’’), and with 

the fiscal year (FY) 2010 effective date 

for the Federal rates specified 

throughout the preamble. In addition, 

on page 40297, we made a typographical 

error resulting in an incorrect date being 

cited in describing the prospective 

nature of the recalibration of the casemix weights. The purpose of the 

paragraph where the date appears is to 

explain that in order to avoid possible 

negative consequences, the recalibration 

of the case-mix weights is being 

implemented on a prospective basis 

only, and does not include a retroactive 

recoupment of any overpayments 

already made. We are correcting the 

date that appears in the preamble, so 

that it correctly reads ‘‘October 1, 2009’’ 

rather than ‘‘October 1, 2010’’, 

consistent with the FY 2010 effective 

date specified for the recalibration 

throughout the final rule. 

In addition, in the addendum to the 

August 11, 2009 final rule, we are 

revising an entry in Table B: ‘‘FY 2010 

Wage Index Based on CBSA Labor 

Market Areas for Rural Areas’’ in order 

to correct a technical error arising from 

the revision of wage data for two 

inpatient prospective payment system 

(IPPS) providers. We inadvertently 

excluded the wage data for a hospital 

that should have been included in the 

wage index calculation, and included 

the wage data for a hospital that should 

have been excluded from the wage 

index. Accordingly, we are revising the 

wage index value displayed in Table B 

for rural California from ‘‘1.2001’’ to the 

corrected value of ‘‘1.2051’’. As this 

revision involves only a single entry in 

Table B, we are not republishing the 

table in its entirety in this notice; 

however, we note that the corrected 

version of this table is available on the 

SNF PPS Web site, which can be 

accessed online at http:// 

www.cms.hhs.gov/SNFPPS/. 

III. Correction of Errors 

In FR Doc. E9–18662 (74 FR 40288), 

make the following corrections: 

1. On page 40293, in column 2, in the 

first paragraph under Section III.B.1 

(Federal Prospective Payment System), 

in the first sentence, the date ‘‘October 

1, 2010’’ is corrected to read ‘‘October 

1, 2009’’. 

2. On page 40297, in column 2, in the 

last paragraph, in the first line from the 

bottom, the date ‘‘October 1, 2010’’ is 

corrected to read ‘‘October 1, 2009’’. 

3. On page 40385, in Table B, in 

column 3 of the table, in line 5, the 

wage index ‘‘1.2001’’ is corrected to 

read ‘‘1.2051’’. 

IV. Waiver of Proposed Rulemaking 

and Delayed Effective Date 

We ordinarily publish a proposed rule 

in the Federal Register to provide a 

period for public comment before the 

provisions of a rule such as this take 

effect in accordance with section 553(b) 

of the Administrative Procedure Act 

(APA) (5 U.S.C. 553(b)). We also 

ordinarily provide a 30-day delay in the 

effective date of the provisions of a 

notice in accordance with section 553(d) 

of the APA (5 U.S.C. 553(d)). 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 a 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 

notice. 

We find for good cause that it is 

unnecessary to undertake notice and 

comment rulemaking because this 

notice merely provides 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 FY 

2010 skilled nursing facility (SNF) 

prospective system (PPS) final rule 

accurately reflects them. Therefore, we 

believe that undertaking further notice 

and comment procedures to incorporate 

these corrections into the 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 technical errors. The 

changes noted above do not make any 

substantive changes to the SNF 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 SNF PPS payments 

in as timely a manner as possible and 

to ensure that the FY 2010 SNF 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. 


CPrice-Sewell on DSKGBLS3C1PROD with RULES
48866 Federal Register / Vol. 74, No. 185 / Friday, September 25, 2009 / Rules and Regulations 

(Catalog of Federal Domestic Assistance 

Program No. 93.773, Medicare—Hospital 

Insurance; and Program No. 93.774, 

Medicare—Supplementary Medical 

Insurance Program) 

Dated: September 16, 2009. 

Dawn L. Smalls, 

Executive Secretary to the Department. 

[FR Doc. E9–22958 Filed 9–24–09; 8:45 am] 

BILLING CODE 4120–01–P 

CORPORATION FOR NATIONAL AND 

COMMUNITY SERVICE 

45 CFR Parts 2550 and 2552 

RIN 3045–AA50 

Serve America Act Amendments to the 

National and Community Service Act 

of 1990 and the Domestic Volunteer 

Service Act of 1973 

AGENCY: Corporation for National and 

Community Service. 

ACTION: Interim final rule with request 

for comments; correction. 

SUMMARY: The Corporation for National 

and Community Service (the 

Corporation) is correcting an interim 

final rule implementing time-sensitive 

changes required by the Serve America 

Act to take effect on October 1, 2009, 

that appeared in the Federal Register of 

September 10, 2009. That document 

included amendments to two 

incorrectly listed paragraphs in two 

section, and inadvertently quoted 

incorrect language from another. This 

document corrects those errors. 

DATES: Effective October 1, 2009. 

FOR FURTHER INFORMATION CONTACT: 

Amy Borgstrom, Docket Manager, 

Corporation for National and 

Community Service, (202) 606–6930, 

TDD (202) 606–3472. Persons with 

visual impairments may request this 

document in an alternate format. 

SUPPLEMENTARY INFORMATION: On 

September 10, 2009 (74 FR 46495), the 

Corporation published an interim final 

rule which included amendments to 

two incorrectly listed paragraphs in 45 

CFR 2550.50 and 2550.80, and 

inadvertently quoted incorrect language 

from 45 CFR 2552.82. This document 

corrects the interim final rule by 

revising the instructions for 45 CFR 

2550.50, 2550.80, and 2552.82. 

■ In FR Doc. 2009–21671, appearing on 

page 46495 in the Federal Register of 

Thursday, September 10, 2009, the 

following corrections are made: 

§ 2550.50 [Corrected] 

■ 1. On page 46507, in the second 

column,, in instructions 38a, 38b and 

38c, remove ‘‘paragraph (a)’’ and add 

‘‘paragraph (b)’’ in its place. 

■ 2. On page 46057, in the second 

column, after the section heading for 

§ 2550.50, add five asterisks below the 

section heading and remove the 

paragraph designation ‘‘(a)’’ and add the 

paragraph designation ‘‘(b)’’ in its place. 

§ 2550.80 [Corrected] 

■ 3. On page 46057, in the second 

column, in instruction 39d, remove 

‘‘paragraph (i)’’ and add ‘‘paragraph 

(m)’’ in its place. 

■ 4. On page 46057, in the third column, 

in the 36th line, remove the paragraph 

designation ‘‘(i)’’ and add the paragraph 

designation ‘‘(m)’’ in its place. 

§ 2552.82 [Corrected] 

■ 5. On page 46509, in the first column, 

in instruction 55c, remove ‘‘mentally 

retarded child’’ and add ‘‘mentally 

retarded individual’’ in its place. 

Dated: September 21, 2009. 

Frank R. Trinity, 

General Counsel. 

[FR Doc. E9–23248 Filed 9–24–09; 8:45 am] 

BILLING CODE P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 648 

[Docket No. 060418103–6181–02] 

RIN 0648–XR84 

Fisheries of the Northeastern United 

States; Spiny Dogfish Fishery; 

Commercial Period 1 Quota Harvested 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Closure of spiny dogfish 

fishery. 

SUMMARY: NMFS announces that the 

spiny dogfish commercial quota 

available to the coastal states from 

Maine through Florida for the first semiannual quota period, May 1, 2009 - 

October 31, 2009, has been harvested. 

Therefore, effective 0001 hours, 

September 26, 2009, federally permitted 

spiny dogfish vessels may not fish for, 

possess, transfer, or land spiny dogfish 

until November 1, 2009, when the 

Period 2 quota becomes available. 

Regulations governing the spiny dogfish 

fishery require publication of this 

notification to advise the coastal states 

from Maine through Florida that the 

quota has been harvested and to advise 

vessel permit holders and dealer permit 

holders that no Federal commercial 

quota is available for landing spiny 

dogfish in these states. This action is 

necessary to prevent the fishery from 

exceeding its Period 1 quota and to 

allow for effective management of this 

stock. 

DATES: Quota Period 1 for the spiny 

dogfish fishery is closed effective at 

0001 hr local time, September 26, 2009, 

through 2400 hr local time October 31, 

2009. Effective September 26, 2009, 

federally permitted dealers are also 

advised that they may not purchase 

spiny dogfish from federally permitted 

spiny dogfish vessels. 

FOR FURTHER INFORMATION CONTACT: Don 

Frei at (978) 281–9221, or 

Don.Frei@noaa.gov. 

SUPPLEMENTARY INFORMATION: 

Regulations governing the spiny dogfish 

fishery are found at 50 CFR part 648. 

The regulations require annual 

specification of a commercial quota, 

which is allocated into two quota 

periods based upon percentages 

specified in the fishery management 

plan. The commercial quota is 

distributed to the coastal states from 

Maine through Florida, as described in 

§ 648.230. 

The initial total commercial quota for 

spiny dogfish for the 2009 fishing year 

is 12 million lb (5,443.11 mt) (74 FR 

20230, May 1, 2009). The commercial 

quota is allocated into two periods (May 

1 through October 31, and November 1 

through April 30). Vessel possession 

limits are intended to preclude directed 

fishing, and they are set at 3,000 lb (1.36 

mt) for both Quota Periods 1 and 2. 

Quota Period 1 is allocated 6,948,000 lb 

(3,151.56 mt), and Quota Period 2 is 

allocated 5,052,000 lb (2,291.55 mt) of 

the commercial quota. The total quota 

cannot be exceeded, so landings in 

excess of the amount allocated to Period 

1 have the effect of reducing the quota 

available to the fishery during Period 2. 

The Administrator, Northeast Region, 

NMFS (Regional Administrator) 

monitors the commercial spiny dogfish 

quota for each quota period and, based 

upon dealer reports, state data, and 

other available information, determines 

when the total commercial quota will be 

harvested. NMFS is required to publish 

a notification in the Federal Register 

advising and notifying commercial 

vessels and dealer permit holders that, 

effective upon a specific date, the 

Federal spiny dogfish commercial quota 

has been harvested and no Federal 

commercial quota is available for 

landing spiny dogfish for the remainder 

of that quota period. 


CPrice-Sewell on DSKGBLS3C1PROD with RULES