51496 Federal Register / Vol. 74, No. 193 / Wednesday, October 7, 2009 / Rules and Regulations 

to 0.3 ppm because the Agency’s 

tolerance spreadsheet determined that 

the lower value was more appropriate 

based on the field trial data. EPA 

increased the tolerance for sorghum, 

grain, grain (termed sorghum, grain in 

PP#8F7385) from 0.5 ppm to 0.60 ppm 

because the Agency’s tolerance 

spreadsheet determined that the higher 

value was more appropriate based on 

the field trial data. 

V. Conclusion 

Therefore, tolerances are established 

for combined residues of pyraclostrobin 

(carbamic acid, [2-[[[1-(4-chlorophenyl)- 

1H- pyrazol-3- 

yl]oxy]methyl]phenyl]methoxy-, methyl 

ester) and its desmethoxy metabolite 

(methyl N-[[[1-(4-chlorophenyl)-1Hpyrazol-3-yl]oxy]methyl]phenyl 

carbamate), expressed as parent 

compound, in or on coffee, bean, green 

at 0.3 ppm; fruit, stone, group 12 at 2.5 

ppm; sorghum, grain, forage at 5.0 ppm; 

sorghum, grain, grain at 0.60 ppm; and 

sorghum, grain, stover at 0.80 ppm 

VI. Statutory and Executive Order 

Reviews 

This final rule establishes tolerances 

under section 408(d) of FFDCA in 

response to a petition submitted to the 

Agency. The Office of Management and 

Budget (OMB) has exempted these types 

of actions from review under Executive 

Order 12866, entitled Regulatory 

Planning and Review (58 FR 51735, 

October 4, 1993). Because this final rule 

has been exempted from review under 

Executive Order 12866, this final rule is 

not subject to Executive Order 13211, 

entitled Actions Concerning Regulations 

That Significantly Affect Energy Supply, 

Distribution, or Use (66 FR 28355, May 

22, 2001) or Executive Order 13045, 

entitled Protection of Children from 

Environmental Health Risks and Safety 

Risks (62 FR 19885, April 23, 1997). 

This final rule does not contain any 

information collections subject to OMB 

approval under the Paperwork 

Reduction Act (PRA), 44 U.S.C. 3501 et 

seq., nor does it require any special 

considerations under Executive Order 

12898, entitled Federal Actions to 

Address Environmental Justice in 

Minority Populations and Low-Income 

Populations (59 FR 7629, February 16, 

1994). 

Since tolerances and exemptions that 

are established on the basis of a petition 

under section 408(d) of FFDCA, such as 

the tolerance in this final rule, do not 

require the issuance of a proposed rule, 

the requirements of the Regulatory 

Flexibility Act (RFA) (5 U.S.C. 601 et 

seq.) do not apply. 

This final rule directly regulates 

growers, food processors, food handlers, 

and food retailers, not States or tribes, 

nor does this action alter the 

relationships or distribution of power 

and responsibilities established by 

Congress in the preemption provisions 

of section 408(n)(4) of FFDCA. As such, 

the Agency has determined that this 

action will not have a substantial direct 

effect on States or tribal governments, 

on the relationship between the national 

government and the States or tribal 

governments, or on the distribution of 

power and responsibilities among the 

various levels of government or between 

the Federal Government and Indian 

tribes. Thus, the Agency has determined 

that Executive Order 13132, entitled 

Federalism (64 FR 43255, August 10, 

1999) and Executive Order 13175, 

entitled Consultation and Coordination 

with Indian Tribal Governments (65 FR 

67249, November 9, 2000) do not apply 

to this final rule. In addition, this final 

rule does not impose any enforceable 

duty or contain any unfunded mandate 

as described under Title II of the 

Unfunded Mandates Reform Act of 1995 

(UMRA) (Public Law 104–4). 

This action does not involve any 

technical standards that would require 

Agency consideration of voluntary 

consensus standards pursuant to section 

12(d) of the National Technology 

Transfer and Advancement Act of 1995 

(NTTAA), Public Law 104–113, section 

12(d) (15 U.S.C. 272 note). 

VII. Congressional Review Act 

The Congressional Review Act, 5 

U.S.C. 801 et seq., generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report to each House of 

the Congress and to the Comptroller 

General of the United States. EPA will 

submit a report containing this rule and 

other required information to the U.S. 

Senate, the U.S. House of 

Representatives, and the Comptroller 

General of the United States prior to 

publication of this final rule in the 

Federal Register. This final rule is not 

a ‘‘major rule’’ as defined by 5 U.S.C. 

804(2). 

List of Subjects in 40 CFR Part 180 

Environmental protection, 

Administrative practice and procedure, 

Agricultural commodities, Pesticides 

and pests, Reporting and recordkeeping 

requirements. 

Dated: September 25, 2009. 

Lois Rossi, 

Director, Registration Division, Office of 

Pesticide Programs. 

■ Therefore, 40 CFR chapter I is 

amended as follows: 

PART 180—[AMENDED] 

■ 1. The authority citation for part 180 

continues to read as follows: 

Authority: 21 U.S.C. 321(q), 346a and 371. 

■ 2. Section 180.582 is amended by 

alphabetically adding the following 

commodities to the table and by revising 

fruit, stone, group 12 in the table in 

paragraph (a)(1) read as follows: 

180.582 Pyraclostrobin; tolerances for 

residues. 

(a) General. (1) * * * 

Commodity Parts per 

million 

* * * * * 

Coffee, bean, green .................. 0.31

* * * * * 

Fruit, stone, group 12 ............... 2.5 

* * * * * 

Sorghum, grain, forage ............. 5.0 

Sorghum, grain, grain ............... 0.60 

Sorghum, grain, stover ............. 0.80 

* * * * * 

1There is no U.S. registration on coffee, 

bean, green as of September 30, 2009. 

* * * * * 

[FR Doc. E9–24058 Filed 10–06–09; 8:45 am] 

BILLING CODE 6560–50–S 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Centers for Medicare & Medicaid 

Services 

42 CFR Parts 412, 413, 415, 485, and 

489 

[CMS–1406–CN] 

RINs 0938–AP33; 0938–AP39; 0938–AP76 

Medicare Program; Changes to the 

Hospital Inpatient Prospective 

Payment Systems for Acute Care 

Hospitals and Fiscal Year 2010 Rates 

and to the Long-Term Care Hospital 

Prospective Payment System and Rate 

Year 2010 Rates; Corrections 

AGENCY: Centers for Medicare & 

Medicaid Services (CMS), HHS. 

ACTION: Correction of final rules and 

interim final rule with comment period. 

SUMMARY: This document corrects 

technical errors and typographical 

errors that appeared in the final rules 

and interim final rule with comment 


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period published in the Federal 

Register on August 27, 2009 entitled 

‘‘Medicare Program; Changes to the 

Hospital Inpatient Prospective Payment 

Systems for Acute Care Hospitals and 

Fiscal Year 2010 Rates and to the LongTerm Care Hospital Prospective 

Payment System and Rate Year 2010 

Rates.’’ 

DATES: Effective Date: This correction 

document is effective October 2, 2009. 

Applicability Date: This correction 

document is applicable to discharges 

occurring on or after October 1, 2009. 

FOR FURTHER INFORMATION CONTACT: Tzvi 

Hefter, (410) 786–4487. 

SUPPLEMENTARY INFORMATION: 

I. Background 

In FR Doc. E8–18663 of August 27, 

2009 (74 FR 43754), the final rule with 

comment period entitled ‘‘Medicare 

Program; Changes to the Hospital 

Inpatient Prospective Payment Systems 

for Acute Care Hospitals and Fiscal Year 

2010 Rates and to the Long-Term Care 

Hospital Prospective Payment System 

and Rate Year 2010 Rates’’ (hereinafter 

referred to as the FY 2010 IPPS/RY 2010 

LTCH PPS final rule) there were a 

number of technical errors that are 

identified and corrected in the 

Correction of Errors section below. The 

provisions in this correction notice are 

effective as if they had been included in 

the document published August 27, 

2009. Further, changes to our rates have 

already been made through PRICER and 

joint signature memoranda. 

Accordingly, the corrections are 

effective October 1, 2009. 

II. Summary of Errors 

A. Errors in the Preamble 

On page 43889, in our discussion of 

the submission period for annual 

electronically acknowledgement of the 

completeness and accuracy of data, the 

submission period was incorrectly 

indicated as once between January 1, 

2010 and August 15, 2010. Therefore, in 

section III.A.1. of this notice, we are 

correcting our discussion to require 

hospitals to electronically acknowledge 

their data accuracy and completeness 

once between July 1, 2010 and August 

15, 2010 for the FY 2011 payment 

determination. 

On page 43920, in our discussion of 

hospital emergency services under the 

Emergency Medical Treatment and 

Labor Act (EMTALA), we made a 

technical error in a parenthetical phrase 

by noting that emphasized text was 

underlined instead of italicized. 

Therefore, in section III.A.2. of this 

notice, we are correcting the phrase 

‘‘(which are underlined)’’ to read 

‘‘(which are italicized).’’ 

On page 43934, in our discussion 

regarding critical access hospitals 

(CAHs) and provider-based entities, we 

inadvertently provided the following 

incorrect example ‘‘For example, a 

CAH-based RHC with 50 or more beds 

is a provider-based entity because it is 

paid based on the RHC payment 

methodology at 42 CFR 405.2462.’’ In 

section III.A3. of this notice, we are 

correcting the example. 

On page 43994, we inadvertently 

misnumbered the heading for sections 

‘‘XI. MedPAC Recommendations’’ and 

‘‘XII. Other Required Information’’ and 

we are correcting these numbering 

errors in section III.A.4. of this notice. 

B. Errors in the Addendum 

On pages 44011, 44015, 44017, 44019, 

44020, 44021, and 44031, we 

inadvertently cited that the forecast of 

the FY 2006-based capital input price 

index (CIPI) for FY 2010 is 1.4 percent. 

However, the FY 2006-based CIPI for FY 

2010 is forecast 1.2 percent, as stated in 

the preamble of the FY 2010 IPPS/RY 

2010 LTCH PPS final rule. We are 

correcting this error in the update to the 

capital rates. We are also correcting that 

capital outlier offset since outlier 

payments are determined based on the 

capital rates. (See sections III.B.3. 

through 7. of this notice.) 

On page 44031, in Table 1A— 

National Adjusted Operating 

Standardized Amounts, Labor/Nonlabor 

(68.8 Percent Labor Share/31.2 Percent 

Nonlabor Share If Wage Index Is Greater 

Than 1) and Table 1B—National 

Adjusted Operating Standardized 

Amounts, Labor/Nonlabor (62 Percent 

Labor Share/38 Percent Nonlabor Share 

If Wage Index Is Less Than or Equal to 

1), we are correcting a typographical 

error in the column headings for the 

‘‘reduced update.’’ Section 

1886(b)(3)(B)(viii) of the Act provides 

for a reduction of 2.0 percentage points 

from the update percentage increase 

(also known as the market basket 

update) for FY 2007 and subsequent 

fiscal years. As stated in the preamble 

to the FY 2010 IPPS/RY 2010 LTCH PPS 

final rule, the market basket update to 

the national adjusted operating 

standardized amounts for FY 2010 is 2.1 

percent. Therefore, the reduced update 

to the national adjusted operating 

standardized amounts for hospitals that 

fail to submit quality data consistent 

with section 1886(b)(3)(B)(viii) of the 

Act for FY 2010 is 0.1 percent (that is, 

2.1 percent minus 2.0 percent). 

However, Tables 1A and 1B erroneously 

cite that the reduced update is 1.1 

percent; and therefore, we are correcting 

this error in the column headings. (See 

section III.B.7. of this notice.) 

On page 44031, in Table 1D—Capital 

Standard Federal Payment Rate, we are 

correcting an inadvertent error in the 

update to the capital rates, wherein the 

Addendum of the FY 2010 IPPS/RY 

2010 LTCH PPS final rule, in 

establishing the capital update, we 

erroneously cited the CIPI forecast for 

FY 2010 as 1.4 percent. However, as 

stated in the preamble of that final rule, 

the CIPI for FY 2010 is 1.2. We are 

correcting this error in the update to the 

capital rates (see section III.B.7. of this 

notice). 

On pages 44032 through 44078, in 

Table 2.—Acute Care Hospitals CaseMix Indexes for Discharges Occurring in 

Federal Fiscal Year 2008; Hospital Wage 

Indexes for Federal Fiscal Year 2010; 

Hospital Average Hourly Wages for 

Federal Fiscal Years 2008 (2004 Wage 

Data), 2009 (2005 Wage Data), and 2010 

(2006 Wage Data); and 3-Year Average 

of Hospital Average Hourly Wages, we 

are correcting technical errors in 

hospitals’ wage data or geographic 

classifications that were used in 

calculating the wage index that was 

published in the FY 2010 IPPS/RY 2010 

LTCH PPS final rule. We are correcting 

Table 2 by adding the wage data for 

provider 230105, which through an 

inadvertent typographical error was 

omitted from the table. In addition, we 

are correcting inadvertent errors in the 

case mix index and FY 2010 wage index 

for provider 110230. We note that the 

correction of these errors do not require 

us to recalculate the wage indexes for 

other providers that are located in or 

reclassified to the same geographic area 

because provider 110230 is a new 

provider and has no average hourly 

wage data. Also, in accordance with our 

regulations regarding midyear 

corrections to the wage index (42 CFR 

412.64(k)(2)(ii)), we are correcting the 

wage data for 4 providers (310034, 

310052, 310073, and 330005). Other 

corrections to Table 2 address the 

addition of a hospital’s wage and 

occupational mix data that were 

erroneously excluded from the final FY 

2010 wage index (provider 050335) and 

the removal of a hospital’s wage data 

that were erroneously included in the 

final FY 2010 wage index (provider 

050325). In addition, we are correcting 

errors in geographic classifications for 5 

providers (providers 150015, 230195, 

330106, 340010, and 390201). As a 

result of the wage data, occupational 

mix data, and geographic classification 

corrections made for the 11 providers 

noted, we are also correcting the wage 

index for other providers that are 

located in or reclassified to the same 


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geographic area. (See section III.B.8. of 

this notice.) 

On page 44079, in Table 3A—FY 2010 

and 3-Year* Average Hourly Wage for 

Acute Care Hospitals in Urban Areas by 

CBSA and Table 3B—FY 2010 and 3- 

Year* Average Hourly Wage for Acute 

Care Hospitals in Rural Areas by CBSA, 

we are correcting certain area average 

hourly wages based on corrections to 

errors in hospital wage data for several 

providers. As discussed previously, in 

Table 2 we are correcting the wage data 

for 4 providers. The corrections to the 

wage data for provider 330005 also 

require a correction in the associated 

area average hourly wage. Therefore, in 

section III.B.9. of this notice, we are 

correcting the area average hourly wage 

for CBSA 15380 (Buffalo-Niagara Falls, 

NY). (The corrections to the wage data 

for providers 310034, 310052, 310073 

do not result in a change to the 

associated area average hourly wage.) 

On page 44084, in Table 3B—FY 2010 

and 3-Year* Average Hourly Wage for 

Acute Care Hospitals in Rural Areas by 

CBSA, we are correcting an area average 

hourly wage based on corrections to 

errors in the wage data for two 

providers. As discussed previously, in 

Table 2 we are correcting the wage and 

occupational mix data for providers 

050335 and 050325. The corrections to 

the wage data for these providers also 

require correction of the associated area 

average hourly wage. Therefore, in 

section III.B.10. of this notice, we are 

correcting the area average hourly wage 

for CBSA 05 (California). 

On pages 44085 through 44095, in 

Table 4A.—Wage Index and Capital 

Geographic Adjustment Factor (GAF) for 

Acute Care Hospitals in Urban Areas, 

Table 4B.—Wage Index and Capital 

Geographic Adjustment Factor (GAF) for 

Acute Care Hospitals in Rural Areas and 

Table 4C.—Wage Index and Capital 

Geographic Adjustment Factor (GAF) for 

Acute Care Hospitals that are 

Reclassified, we are correcting technical 

errors in hospitals’ geographic 

classifications that were used in 

calculating the wage index that was 

published in the FY 2010 IPPS/RY 2010 

LTCH PPS final rule. After correcting 

the geographic classification for 

provider 230195 (that is, removing the 

provider from Table 9A), there are no 

longer any hospitals that are reclassified 

to CBSA 19804 for the FY 2010 wage 

index. (See sections III.B.11. through 13. 

of this notice.) 

On page 44121 and 44122, in Table 

4J—Out-Migration Adjustment for Acute 

Care Hospitals—FY 2010, we are 

correcting a technical error in the data 

that were used in computing the 

outmigration adjustments that were 

published in the FY 2010 IPPS/RY 2010 

LTCH PPS final rule. We are correcting 

the outmigration adjustment for 

providers in Wayne County, MI, only. 

However, this correction has no impact 

on the wage index values in Tables 2, 

4A, and 4B because all of the Wayne 

County providers are reclassified 

instead to Ann Arbor, MI (CBSA 11460). 

Therefore, they are ineligible to receive 

the outmigration adjustment. (See 

section III.B.14. of this notice.) 

On page 44140, in Table 6E.—Revised 

Diagnosis Code Titles, we made a 

typographical error in the description of 

diagnosis code 793.99. Therefore, we are 

correcting the phrase ‘‘radiological and 

other examination’’ to read ‘‘radiological 

and other examinations.’’ (See section 

III.B.15. of this notice.) 

On page 44161 and 44173, in Table 

9A.—Hospital Reclassifications and 

Redesignations—FY 2010, we are 

correcting technical errors in hospitals’ 

geographic classifications that were 

used in calculating the wage index that 

was published in the FY 2010 IPPS/RY 

2010 LTCH PPS final rule. Providers 

110230, 150015, 230195, and 390201 

were erroneously listed in Table 9A of 

the Addendum to that final rule as being 

reclassified; and therefore, we are 

correcting the table by removing these 

providers. Conversely, provider 330106 

was inadvertently omitted from the 

Table 9A; and therefore, we are 

correcting this error by adding this 

provider. (See section III.B.16. of this 

notice.) 

On page 44173, in Table 9C.— 

Hospitals Redesignated as Rural Under 

Section 1886(d)(8)(E) of the Act—FY 

2010, we inadvertently omitted provider 

340010. Therefore we are correcting this 

error by adding this provider. (See 

section III.B.17. of this notice.) 

On pages 44195 and 44212, in Table 

12A.—LTCH PPS Wage Index for Urban 

Areas for Discharges Occurring From 

October 1, 2009 Through September 30, 

2010 and Table 12B.—LTCH PPS Wage 

Index for Rural Ares for Discharges 

Occurring From October 1, 2009 

Through September 30, 2010, consistent 

with the corrections to the IPPS wage 

data discussed in this notice, we are 

correcting technical errors in hospitals’ 

wage data that were used in calculating 

the LTCH PPS wage index that was 

published in the FY 2010 IPPS/RY 2010 

LTCH IPPS final rule. (See sections 

III.B.18. and 19. of this notice.) 

On pages 44213, 44228 through 

44230, and 44234 through 44235, we are 

correcting the impact analysis to reflect 

the correct CIPI of 1.2 percent rather 

than 1.4 percent and the payment 

estimates associated with the CIPI. (See 

sections III.B.20. through 24. of this 

notice.) 

III. Correction of Errors 

In FR Doc. E8–18663 of August 27, 

2009 (74 FR 43754), make the following 

corrections: 

A. Corrections to the Preamble 

1. On page 43889, third column, 

seventh paragraph, line 10, the date 

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

‘‘July 1, 2010.’’ 

2. On page 43920, second column, 

first full paragraph, line 32, the phrase 

‘‘(which are underlined)’’ is corrected to 

read ‘‘(which are italicized)’’. 

3. On page 43934, third column, 

second full paragraph, the sentence ‘‘For 

example, a CAH-based RHC with 50 or 

more beds is a provider-based entity 

because it is paid based on the RHC 

payment methodology at 42 CFR 

405.2462.’’ is corrected to read ‘‘For 

example, a CAH-based RHC (that is, an 

RHC that is provider-based to a hospital 

with fewer than 50 beds) is not subject 

to the per visit payment limitations 

under section 1833(f) of the Act.’’ 

4. On page 43994, 

a. First column, after the second full 

paragraph, the heading ‘‘XI. MedPAC 

Recommendations’’ is corrected to read 

‘‘XII. MedPAC Recommendations.’’ 

b. Second column, after the fourth 

paragraph, the heading ‘‘XII. Other 

Required Information’’ is corrected to 

read ‘‘XIII. Other Required 

Information.’’ 

B. Corrections to the Addendum 

1. On page 44011, in the second 

column, 

a. In the second full paragraph, line 

13, the figure ‘‘5.2’’ is corrected to read 

‘‘5.3’’. 

b. In the table following fourth 

paragraph, the table is corrected to read 

as follows: 

Capital 

Federal Rate 

National ................................. 0.947484 

Puerto ................................... 0.935759 

2. On page 44015, third column, 

a. First full paragraph, 

(1) Line 9, the figure ‘‘1.4’’ is 

corrected to read ‘‘1.2.’’ 

(2) Line 13, the figure ‘‘$171’’ is 

corrected to read ‘‘$154.’’ 

b. Second full paragraph, 

(1) Line 11, the figure ‘‘1.40’’ is 

corrected to read ‘‘1.20.’’ 

(2) Line 14, the figure ‘‘1.4’’ is 

corrected to read ‘‘1.2.’’ 

3. On page 44017, 

a. Second column, 

(1) Fourth full paragraph, line 2, the 

figure ‘‘1.4’’ is corrected to read ‘‘1.2.’’ 


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(2) Following the fourth full 

paragraph, in the table entitled ‘‘CMS 

FY 2010 Update to the Capital Federal 

Rate,’’ the figures for the listed entries 

are corrected to read as follows: 

Capital Input Price Index ...................... 1.2 

Subtotal ......................................... 1.2 

Total Update .............................. 1.2 

b. Third column, 

(1) Second full paragraph, 

(a) Line 10, the figure ‘‘5.23’’ is 

corrected to read ‘‘5.25.’’ 

(b) Line 13, the figure ‘‘0.9477’’ is 

corrected to read ‘‘0.9475.’’ 

(2) Third full paragraph, 

(a) Line 5, the figures ‘‘0.9477’’ and 

‘‘0.13’’ are corrected to read ‘‘0.9475’’ 

and ‘‘0.11,’’ respectively. 

(b) Line 9, the figure ‘‘1.0013’’ is 

corrected to read ‘‘1.0011.’’ 

(c) Line 10, the figure ‘‘0.9477’’ is 

corrected to read ‘‘0.9475.’’ 

(d) Line 12, the figure ‘‘0.13’’ is 

corrected to read ‘‘0.11.’’ 

4. On page 44019, third column, 

a. First full paragraph, 

(1) Line 3, the figure ‘‘1.4’’ is 

corrected to read ‘‘1.2.’’ 

(2) Line 5, the figure ‘‘1.4’’ is 

corrected to read ‘‘1.2.’’ 

(3) Line 8, the figure ‘‘$430.15’’ is 

corrected to read ‘‘$429.26.’’ 

b. Second full paragraph (first 

bulleted paragraph) 

(1) Line 1, the figure ‘‘1.0140’’ is 

corrected to read ‘‘1.0120.’’ 

(2) Line 2, the figure ‘‘1.4’’ is 

corrected to read ‘‘1.2.’’ 

c. Fourth full paragraph (third 

bulleted paragraph), last line, the figure 

‘‘0.9477’’ is corrected to read ‘‘0.9475.’’ 

d. Last paragraph, 

(1) Line 8, the figure ‘‘1.4’’ is 

corrected to read ‘‘1.2.’’ 

(2) Line 14, the figure ‘‘0.13’’ is 

corrected to read ‘‘0.11.’’ 

5. On page 44020, 

a. Top third of the page, 

(1) Third column, line 2, the figure 

‘‘1.4’’ is corrected to read ‘‘1.2.’’ 

(2) The table entitled ‘‘Comparison of 

Factors and Adjustments: FY 2009 

Capital Federal Rate and FY 2010 

Capital Federal Rate’’, the listed entries 

and footnote are corrected to read as 

follows: 

FY 2010 Change Percent 

change 

Update Factor 1 .................................................................................................................................................... 1.0120 1.0120 1.20 

Outlier Adjustment Factor 2 .................................................................................................................................. 0.9475 1.0011 0.11 

Capital Federal Rate ............................................................................................................................................ $429.26 1.0120 1.20 

2The outlier reduction factor and the exceptions adjustment factor are not built permanently into the capital rates; that is, these factors are not 

applied cumulatively in determining the capital rates. Thus, for example, the net change resulting from the application of the FY 2010 outlier adjustment factor is 0.9475/0.9465, or 1.0011. 

b. Middle third of the page, the table 

entitled ‘‘Comparison of Factors and 

Adjustments: Proposed FY 2009 Capital 

Federal Rate and Final FY 2010 Capital 

Federal Rate’’, the listed entries are 

corrected to read as follows: 

Final 

FY 2010 Change Percent change 

Update Factor ...................................................................................................................................................... 1.0120 1.0000 0.00 

Outlier Adjustment Factor .................................................................................................................................... 0.9475 1.0022 0.22 

Capital Federal Rate ............................................................................................................................................ $429.26 1.0204 2.04 

c. Bottom third of the page, third 

column, first full paragraph, line 4, the 

figure ‘‘$204.01’’ corrected ‘‘$203.56.’’ 

6. On page 44021, second column, 

second full paragraph, 

a. Line 4, the figure ‘‘1.4’’ is corrected 

to read ‘‘1.2.’’ 

b. Line 13, the figure ‘‘1.4’’ is 

corrected to read ‘‘1.2.’’ 

7. On page 44031, 

a. Top half of the page, 

(1) Table 1A—National Adjusted 

Operating Standardized Amounts, 

Labor/Nonlabor (68.8 Percent Labor 

Share/31.2 Percent Nonlabor Share If 

Wage Index Is Greater Than 1), the 

second column heading ‘‘Reduce update 

(1.1 percent)’’ is corrected to read 

‘‘Reduce update (0.1 percent).’’ 

(2) Table 1B—National Adjusted 

Operating Standardized Amounts, 

Labor/Nonlabor (62 Percent Labor 

Share/38 Percent Nonlabor Share If 

Wage Index Is Less Than or Equal to 1), 

the second column heading ‘‘Reduce 

update (1.1 percent)’’ is corrected to 

read ‘‘Reduce update (0.1 percent).’’ 

b. Bottom half of the page, in Table 

1D—Capital Standard Federal Payment 

Rate, the rate entries are corrected to 

read as follows: 

Rate 

National ......................................... $429.26 

Rate 

Puerto Rico ................................... 203.56 

8. On pages 44032 through 44078, in 

Table 2.—Acute Care Hospitals CaseMix Indexes for Discharges Occurring in 

Federal Fiscal Year 2008; Hospital Wage 

Indexes for Federal Fiscal Year 2010; 

Hospital Average Hourly Wages for 

Federal Fiscal Years 2008 (2004 Wage 

Data), 2009 (2005 Wage Data), and 2010 

(2006 Wage Data); and 3-Year Average 

of Hospital Average Hourly Wages, the 

listed entries are corrected to read as 

follows: 


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9. On page 44079, in Table 3A—FY 

2010 and 3-Year* Average Hourly Wage 

for Acute Care Hospitals in Urban Areas 

by CBSA, the listed entry is corrected to 

read as follows: 

CBSA code Urban area 

FY 2010 

average 

hourly wage 

3-Year 

average 

hourly wage 

15380 .............................................................................. Buffalo-Niagara Falls, NY ............................................... 32.9408 31.2001 

10. On page 44084, in Table 3B.—FY 

2010 and 3-Year* Average Hourly Wage 

for Acute Care Hospitals in Rural Areas 

by CBSA, the listed entry is corrected to 

read as follows: 

CBSA code Nonurban area 

FY 2010 

Average 

hourly 

wage 

3-Year 

average 

hourly 

wage 

05 .................................................................................... California ........................................................................ 39.9000 38.2787 

11. On pages 44085 through 44090, in 

Table 4A.—Wage Index and Capital 

Geographic Adjustment Factor (GAF) for 

Acute Care Hospitals in Urban Areas by 

CBSA and by State—FY 2010, the listed 

entries are corrected to read as follows: 

CBSA CBSA name State Wage index GAF 

12540 ......................................... Bakersfield, CA ............................................................................... CA 1.1831 1.1220 

15380 ......................................... Buffalo-Niagara Falls, NY ............................................................... NY 0.9809 0.9869 

17020 ......................................... Chico, CA ........................................................................................ CA 1.1831 1.1220 

19804 ......................................... Detroit-Livonia-Dearborn, MI ........................................................... MI 0.9777 0.9847 

20940 ......................................... El Centro, CA .................................................................................. CA 1.1831 1.1220 

23420 ......................................... Fresno, CA ...................................................................................... CA 1.1831 1.1220 

23844 ......................................... Gary, IN ........................................................................................... IN 0.9168 0.9422 

25260 ......................................... Hanford-Corcoran, CA .................................................................... CA 1.1831 1.1220 

27340 ......................................... Jacksonville, NC ............................................................................. NC 0.8605 0.9022 

31460 ......................................... Madera-Chowchilla, CA .................................................................. CA 1.1831 1.1220 

40140 ......................................... Riverside-San Bernardino-Ontario, CA ........................................... CA 1.1831 1.1220 


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CBSA CBSA name State Wage index GAF 

41740 ......................................... San Diego-Carlsbad-San Marcos, CA ............................................ CA 1.1831 1.1220 

42044 ......................................... Santa Ana-Anaheim-Irvine, CA ....................................................... CA 1.1831 1.1220 

47300 ......................................... Visalia-Porterville, CA ..................................................................... CA 1.1831 1.1220 

49700 ......................................... Yuba City, CA ................................................................................. CA 1.1831 1.1220 

12. On page 44091, in Table 4B— 

Wage Index and Capital Geographic 

Adjustment Factor (GAF) for Acute Care 

Hospitals in Rural Areas by CBSA and 

by State—FY 2010, the listed entries are 

corrected to read as follows: 

CBSA CBSA name State Wage index GAF 

05 ............................................... California ......................................................................................... CA 1.1831 1.1220 

34 ............................................... Rural North Carolina ....................................................................... NC 0.8605 0.9022 

13. On pages 44091 through 44095, in 

Table 4C.—Wage Index and Capital 

Geographic Adjustment Factor (GAF) for 

Acute Care Hospitals that are 

Reclassified by CBSA and by State—FY 

2010, the listed entries are corrected 

by— 

a. Correcting the wage indexes and 

GAFs for the following CBSAs: 

CBSA CBSA name State Wage index GAF 

05 ..................................................................... California .......................................................... CA ....................... 1.1831 1.1220 

34 ..................................................................... Rural North Carolina ........................................ NC ....................... 0.8605 0.9022 

34 ..................................................................... Rural North Carolina ........................................ TN ....................... 0.8592 0.9013 

10900 ............................................................... Allentown-Bethlehem-Easton, PA–NJ ............. PA ....................... 0.9811 0.9870 

15380 ............................................................... Buffalo-Niagara Falls, NY ................................ NY ....................... 0.9809 0.9869 

23844 ............................................................... Gary, IN ........................................................... IN ......................... 0.9168 0.9422 

31084 ............................................................... Los Angeles-Long Beach-Glendale, CA ......... CA ....................... 1.1831 1.1220 

33700 ............................................................... Modesto, CA .................................................... CA ....................... 1.2202 1.1460 

35644 ............................................................... New York-White Plains-Wayne, NY–NJ .......... CT ....................... 1.2651 1.1747 

35644 ............................................................... New York-White Plains-Wayne, NY–NJ .......... NJ ........................ 1.2722 1.1792 

35644 ............................................................... New York-White Plains-Wayne, NY–NJ .......... NY ....................... 1.2903 1.1907 

42044 ............................................................... Santa Ana-Anaheim-Irvine, CA ....................... CA ....................... 1.1831 1.1220 

b. Removing the entry for the 

following CBSA: 

CBSA CBSA name State Wage index GAF 

19804 ............................................................... Detroit-Livonia-Dearborn, MI ........................... MI ........................ 0.9788 0.9854 

14. On pages 44121 and 44122, in 

Table 4J—Out-Migration Adjustment for 

Acute Care Hospitals—FY 2010, the 

listed entries are corrected to read as 

follows: 

Provider 

number 

Reclassified 

for FY 2010 

Out-migration 

adjustment Qualifying county name County code 

230002 .................. * 0.0043 WAYNE .................................................................................................... 23810 

230020 .................. * 0.0043 WAYNE .................................................................................................... 23810 

230024 .................. * 0.0043 WAYNE .................................................................................................... 23810 

230053 .................. * 0.0043 WAYNE .................................................................................................... 23810 

230089 .................. * 0.0043 WAYNE .................................................................................................... 23810 

230104 .................. * 0.0043 WAYNE .................................................................................................... 23810 

230135 .................. * 0.0043 WAYNE .................................................................................................... 23810 

230142 .................. * 0.0043 WAYNE .................................................................................................... 23810 

230146 .................. * 0.0043 WAYNE .................................................................................................... 23810 

230165 .................. * 0.0043 WAYNE .................................................................................................... 23810 

230176 .................. * 0.0043 WAYNE .................................................................................................... 23810 

230244 .................. * 0.0043 WAYNE .................................................................................................... 23810 

230270 .................. * 0.0043 WAYNE .................................................................................................... 23810 

230273 .................. * 0.0043 WAYNE .................................................................................................... 23810 

230297 .................. * 0.0043 WAYNE .................................................................................................... 23810 


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15. On page 44140, in Table 6E.— 

Revised Diagnosis Code Titles, in the 

description (column 2) for diagnosis 

code 793.99 is the phrase ‘‘radiological 

and other examination’’ is corrected to 

read ‘‘radiological and other 

examinations.’’ 

16. On pages 44161 and 44173, in 

Table 9A.—Hospital Reclassifications 

and Redesignations—FY 2010 the table 

is corrected by— 

a. Removing the following entries: 

Provider number Geographic 

CBSA 

Reclassified 

CBSA LUGAR 

110230 ......................................................................................................................................... 11 16860 LUGAR 

150015 ......................................................................................................................................... 33140 23844 ........................

230195 ......................................................................................................................................... 47644 19804 ........................

390201 ......................................................................................................................................... 39 10900 LUGAR 

b. Adding following entry: 

Provider number Geographic 

CBSA 

Reclassified 

CBSA LUGAR 

330106 ......................................................................................................................................... 35004 35644 

17. On page 44173, in Table 9C.— 

Hospitals Redesignated as Rural Under 

Section 1886(d)(8)(E) of the Act— 

FY2010 is corrected by adding the listed 

provider to read as follows: 

Provider No. Geographic 

CBSA 

Redesignated 

rural area 

340010 ..................................................................................................................................................................... 24140 34 

18. On page 44195, in Table 12A.— 

LTCH PPS Wage Index for Urban Areas 

for Discharges Occurring From October 

1, 2009 Through September 30, 2010, 

the LTCH PPS wage index for the listed 

entry is corrected to read as follows: 

CBSA code Urban area (Constituent Counties) LTCH PPS 

wage index 

15380 ................................................ Buffalo-Niagara Falls, NY ........................................................................................................ 0.9740 

Erie County, NY.

Niagara County, NY.

19. On page 44212, in Table 12B.— 

LTCH PPS Wage Index for Rural Areas 

for Discharges Occurring From October 

1, 2009 Through September 30, 2010, 

the LTCH PPS wage index for the listed 

entry is corrected to read as follows: 

CBSA 

code Nonurban area LTCH PPS wage index 

05 ........ California ................. 1.2051 

20. On page 44213, first column, third 

paragraph, 

a. Line 14, the figure ‘‘$171’’ is 

corrected to read ‘‘$154.’’ 

b. Line 15, the figure ‘‘1.9’’ is 

corrected to read ‘‘1.7.’’ 

21. On page 44228, 

a. Second column, 

(1) First partial paragraph, line 5, the 

figure ‘‘1.4’’ is corrected to read ‘‘1.2.’’ 

(2) First full paragraph, line 5, the 

figure ‘‘0.9477’’ is corrected to read 

‘‘0.9475.’’ 

(3) Third full paragraph, the phrase 

‘‘proposed 1.4 percent’’ is corrected to 

read ‘‘1.2 percent.’’ 

(4) Last paragraph, line 5, the figure 

‘‘1.4’’ is corrected to read ‘‘1.2.’’ 

b. Third column, 

(1) First partial paragraph, line 9, the 

figure ‘‘1.9’’ is corrected to read ‘‘1.7.’’ 

(2) First full paragraph, 

(a) Line 3, the figure ‘‘2.0’’ is corrected 

to read ‘‘1.8.’’ 

(b) Line 7, the figure ‘‘2.1’’ is 

corrected to read ‘‘1.9.’’ 

(c) Last line, the figure ‘‘1.5’’ is 

corrected to read ‘‘1.3.’’ 

(3) Second full paragraph, 

(a) Line 4, the figure ‘‘0.7’’ is corrected 

to read ‘‘0.5.’’ 

(b) Line 6, the figure ‘‘2.8’’ is 

corrected to read ‘‘2.6.’’ 

(4) Third full paragraph, 

(a) Line 3, the figure ‘‘1.9’’ is corrected 

to read ‘‘1.7.’’ 

(b) Line 5, the figure ‘‘2.0’’ is 

corrected to read ‘‘1.8.’’ 

(5) Last paragraph, 

(a) Line 10, the figure ‘‘2.0’’ is 

corrected to read ‘‘1.8.’’ 

(b) Line 13, the figures ‘‘1.7’’ and 

‘‘1.1’’ are corrected to read ‘‘1.4’’ and 

‘‘0.9,’’ respectively. 

(c) Line 17, the figure ‘‘1.9’’ is 

corrected to read ‘‘1.6.’’ 

22. On pages 44229 and 44230, in 

Table III—Comparison of Total 

Payments Per Case [FY 2009 Payments 

Compared to FY 2010 Payments], the 

table is corrected to read as follows: 

BILLING CODE 4120–01–P 


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BILLING CODE 4120–01–C 

23. On page 44234, third column, 

third full paragraph, 

a. Line 21, the figure ‘‘2.1’’ is 

corrected to read ‘‘1.7.’’ 

b. Line 25, the figure ‘‘$171’’ is 

corrected to read ‘‘$154.’’ 

c. Line 28, the figure ‘‘$1.899’’ is 

corrected to read ‘‘$1.892.’’ 

24. On page 44235, first column, in 

Table V.—Accounting Statement: 

Classification of Estimated Expenditures 

under the IPPS from FY 2009 to FY 

2010, the listed entries are corrected to 

read as follows: 

Category Transfers 

Annualized Monetized 

Transfers.

$1.892 billion 

Total ..................................... $1.892 billion 

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 this 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 therefore in 

the notice. 

Section 553(d) of the APA ordinarily 

requires a 30-day delay in effective date 

of final rules after the date of their 

publication in the Federal Register. 

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. 

We are waiving proposed rulemaking 

and the 30-day delayed effective date for 

the technical corrections in this notice. 

This notice merely corrects 

typographical and technical errors in 

the preamble, and addendum of the FY 

2010 IPPS/RY 2010 LTCH PPS final rule 

and does not make substantive changes 

to the policies or payment 

methodologies that were adopted in that 

final rule. As a result, this notice is 

intended to ensure that the FY 2010 

IPPS/RY 2010 LTCH PPS final rule 

accurately reflects the policies adopted 

in that final rule and it would be 

impracticable, unnecessary, and 

contrary to the public interest to 

undertake further notice and comment 

procedures to incorporate these 

corrections into that final rule or 

delaying the effective date of these 

changes, especially in light of the 

October 1, 2009 start date for FY 2010. 


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Further, the changes that are being 

made to the Addendum by this 

Correction Notice, including the 

changes to reflect the correct CIPI of 1.2 

percent, do not constitute rules subject 

to notice and comment rulemaking 

under section 553 of the Administrative 

Procedure Act, as the changes merely 

ensure that the Addendum conforms to 

the rules and methodologies that have 

already been adopted through such 

notice and comment rulemaking. 

(Catalog of Federal Domestic Assistance 

Program No. 93.773, Medicare—Hospital 

Insurance; and Program No. 93.774, 

Medicare—Supplementary Medical 

Insurance Program) 

Dated: October 2, 2009. 

Dawn L. Smalls, 

Executive Secretary to the Department. 

[FR Doc. E9–24202 Filed 10–2–09; 4:15 pm] 

BILLING CODE 4120–01–P 

GENERAL SERVICES 

ADMINISTRATION 

48 CFR Parts 503 and 552 

GSAR Amendment 2009–12; GSAR Case 

2008–G502 (Change 40) Docket 2008–0007; 

Sequence 7 

RIN 3090–AI63 

General Services Administration 

Acquisition Regulation; Rewrite of 

GSAR Part 503; Improper Personal 

Conflicts of Interest 

AGENCIES: General Services 

Administration (GSA), Office of the 

Acquisition Policy. 

ACTION: Final rule. 

SUMMARY: The General Services 

Administration (GSA) is amending the 

General Services Administration 

Acquisition Regulation (GSAR) by 

revising the regulations pertaining to 

Improper Business Practices and 

Personal Conflicts of Interest. This rule 

is a product of the GSAM Rewrite 

Initiative undertaken by GSA to revise 

the regulation to maintain consistency 

with the FAR and implement 

streamlined and innovative acquisition 

procedures for contractors, offerors, and 

GSA contracting personnel. The GSAM 

incorporates the General Services 

Administration Acquisition Regulation 

(GSAR) as well as internal agency 

acquisition policy. 

DATES: Effective Date: October 7, 2009. 

FOR FURTHER INFORMATION CONTACT: For 

clarification of content, contact Ernest 

Woodson, Procurement Analyst, at (202) 

501–3775. For information pertaining to 

status or publication schedules, contact 

the Regulatory Secretariat (MVR), Room 

4041, 1800 F Street, NW, Washington, 

DC, 20405, (202) 501–4755. Please cite 

Amendment 2009–12, GSAR case 2008– 

G502 (Change 40). 

SUPPLEMENTARY INFORMATION: 

A. Background 

This final rule is a result of the 

General Services Administration 

Acquisition Manual (GSAM) Rewrite 

initiative undertaken by GSA to revise 

the GSAM to maintain consistency with 

the FAR and to implement streamlined 

and innovative acquisition procedures 

that contractors, offerors, and GSA 

acquisition personnel can use when 

entering into and administering 

contractual relationships. The GSAM 

incorporates the General Services 

Administration Acquisition Regulation 

(GSAR) as well as internal agency 

acquisition policy. 

An Advanced Notice of Proposed 

Rulemaking was published at 71 FR 

7910, February 15, 2006, for the GSAM 

Rewrite Projects and public comments 

were received. However, none of the 

comments were specific to Part 503. The 

case was assigned to GSAM Part 503 

Rewrite Team on February 18, 2008. A 

Team report was completed on March 3, 

2008. 

To ensure completeness, internal 

comments were solicited and received 

from GSA Regions 1, 2, 3, 6, 7, 8, 10, 

and 11, GSA published a proposed rule 

with request for comments in the 

Federal Register at 73 FR 45194, August 

4, 2008. The public comment period 

closed October 3, 2008. One response 

was received with three comments. This 

final rule reconciles the conclusions 

from the Team report with the internal 

comments, and public comment as 

follows: 

Public Comments 

Comment: The respondent was 

concerned that the requirement in 

503.204(c) for an agency fact-finding 

official to be designated by GSA Board 

of Contract Appeals was not revised to 

indicate that the Civilian Board of 

Contract Appeals (CBCA) would 

designate the official as means of 

ensuring that disputes over gratuities 

violations are handled independently 

and objectively. 

Response: The CBCA will not 

designate an agency fact-finding official 

for the treatment of violations under 

503.204, as its current operating 

procedures do not encompass the 

activity. The Senior Procurement 

Executive will refer matters under the 

jurisdiction of GSAR 503.204 to the 

Suspension and Debarment Official, in 

accordance with GSAR 509.403, because 

the Suspension and Debarment Official 

is the individual who can appoint a factfinding official, should one be 

necessary. 

Comment: The respondent was 

concerned that 503.1004 does not 

provide a specific rationale for 

establishing a lower threshold, or why 

that threshold would be $1,000,000. The 

respondent believes that the subsection 

makes the threshold sound arbitrary. 

Response: FAR 3.1004(b)(1)(i) 

provides for agencies to establish a 

threshold lower than $5,000,000. 

Pursuant to FAR 1.302(b), agency 

acquisition regulations may supplement 

the FAR to include additional policies 

and procedures that satisfy the specific 

needs of the agency. GSA’s lower 

threshold of $1,000,000 is based on 

GSA’s unique acquisition mission and 

the dollar amount of an order that may 

be placed by GSA, under a task and 

delivery order contract. Further, the 

lower threshold insures greater visibility 

for the detection of fraud in Federal 

contracts ensuring protection for the 

taxpayer. 

Comment: 503.1004(b)—The fill-in 

includes the acronym ‘‘OIG’’. Spell out 

as Office of the Inspector General. The 

FAR does otherwise include a reference 

to OIG. 

Response: GSA concurs with the 

respondent and will make the change 

accordingly. 

The Rewrite of Part 503 

This final rule contains revisions to 

Part 503, Improper Business Practices 

and Personal Conflicts of Interest. There 

are no substantive changes to the 

policies. The rule revises GSAR Subpart 

503.1 Safeguards; deletes 503.104–1 and 

503.104–9, to ensure consistency with 

the GSAM that provides that the 

acquisition of leasehold interests in real 

property is established by GSAM Part 

570; deletes 503.104–4, because post 

employment restrictions are covered 

under Federal conflicts of interest laws 

and the Procurement Integrity Act that 

every employee has a responsibility to 

know; adds 503.104–2, to indicate that 

acquisition officials are responsible for 

knowing the post-employment 

restrictions in FAR 3.104–2(b)(3) and in 

the Procurement Integrity Act; 

renumbers 503.104–5 to 503.104–4 and 

revises 503.104–4, adds appropriate 

GSAM and FAR references for the 

release of information to outside 

evaluators and deletes inappropriate 

forms and language already addressed 

in other GSAM subsections; and 

renumbers 503.104–10 to 503.104–7, for 

consistency with the FAR numbering 

sequence. 


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