71320 Federal Register / Vol. 79, No. 231 / Tuesday, December 2, 2014 / Rules and Regulations 

SUPPLEMENTARY INFORMATION: In a 

document published in the FEDERAL

REGISTER at 79 FR 68127 (November 14, 

2014), VA amended its regulation 

concerning the disposition of a veteran’s 

funds and effects. The Paperwork 

Reduction Act of 1995 (44 U.S.C. 3507) 

requires that VA consider the impact of 

paperwork and other information 

collection burdens imposed on the 

public. Under 44 U.S.C. 3507(a), an 

agency may not collect or sponsor the 

collection of information, nor may it 

impose an information collection 

requirement unless it displays a 

currently valid Office of Management 

and Budget (OMB) control number. See 

also 5 CFR 1320.8(b)(3)(vi). The 

rulemaking imposed a new information 

collection requirement in 38 CFR 12.1. 

If a veteran dies in a VA field facility, 

any funds or personal effects belonging 

to the veteran must be turned over to a 

person designated by the veteran. VA 

requests and encourages a veteran to 

name a person as a designee in order to 

facilitate the process of disposition of 

the veteran’s funds and effects. VA also 

allows the veteran the opportunity to 

change or revoke such designee at any 

time. The information obtained through 

this collection eliminates some of the 

burden on the deceased veteran’s 

survivors in the event of the veteran’s 

death in a VA field facility. 

Under 44 U.S.C. 3507(a), an agency 

may not collect or sponsor the 

collection of information, nor may it 

impose an information collection 

requirement unless it displays a 

currently valid Office of Management 

and Budget (OMB) control number. See 

also 5 CFR 1320.8(b)(3)(vi). As required 

by 44 U.S.C. 3507(d), VA submitted this 

information collection to OMB for its 

review. Therefore, in the final rule, we 

included language in § 12.1 indicating 

the information collection was pending 

Office of Management and Budget 

approval. OMB subsequently approved 

this new information collection on 

November 24, 2014, and assigned OMB 

control number 2900–0817. This final 

rule updates § 12.1 by adding the 

approved OMB control number. 

List of Subjects in 38 CFR Part 12 

Estates, Veterans. 

For the reasons set out in the 

preamble, the Department of Veterans 

Affairs further amends 38 CFR part 12, 

as amended on November 14, 2014 (79 

FR 68127), effective December 15, 2014, 

as follows: 

PART 12—DISPOSITION OF 

VETERAN’S PERSONAL FUNDS AND 

EFFECTS 

■ 1. The authority citation for part 12 

continues to read as follows: 

Authority: 38 U.S.C. 501, 8501–8528. 

§ 12.1 [Amended] 

■ 2. Amend § 12.1 by removing ‘‘(The 

information collection is pending Office 

of Management and Budget approval.)’’ 

and adding in its place ‘‘(The Office of 

Management and Budget has approved 

the information collection requirement 

in this section under control number 

2900–0817.)’’ 

Dated: November 26, 2014. 

William F. Russo, 

Acting Director, Office of Regulation Policy 

& Management, Office of the General Counsel, 

Department of Veterans Affairs. 

[FR Doc. 2014–28377 Filed 12–1–14; 8:45 am] 

BILLING CODE 8320–01–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Centers for Medicare & Medicaid 

Services 

42 CFR Part 409 

[CMS–1611–CN] 

RIN 0938–AS14 

Medicare and Medicaid Programs; CY 

2015 Home Health Prospective 

Payment System Rate Update; Home 

Health Quality Reporting 

Requirements; and Survey and 

Enforcement Requirements for Home 

Health Agencies; Correction 

AGENCY: Centers for Medicare & 

Medicaid Services (CMS), HHS. 

ACTION: Final rule; correction. 

SUMMARY: This document corrects a 

technical error in the final rule that 

appeared in the Federal Register on 

November 6, 2014, entitled ‘‘Medicare 

and Medicaid Programs; CY 2015 Home 

Health Prospective Payment System 

Rate Update; Home Health Quality 

Reporting Requirements; and Survey 

and Enforcement Requirements for 

Home Health Agencies.’’ 

DATES: Effective Date: This document is 

effective on January 1, 2015. 

FOR FURTHER INFORMATION: Hillary 

Loeffler, (410) 786–0456. 

SUPPLEMENTARY INFORMATION: 

I. Background 

In FR Doc. 2014–26057 of November 

6, 2014 (79 FR 66032), there was a 

technical error identified and corrected 

in the Correction of Errors section 

below. The provisions in this correction 

document are effective as if they had 

been included in the document that 

appeared in the November 6, 2014 

Federal Register. Accordingly, the 

correction is effective January 1, 2015. 

II. Summary of Errors 

On page 66104, in our discussion 

about our decision to finalize the 

proposed changes to the regulations at 

§ 409.44, we inadvertently stated that 

the changes were effective for episodes 

‘‘ending’’ on or after January 1, 2015. 

Consistent with the comment response 

prior to the final decision discussion on 

page 66104 stating that ‘‘[t]he new 

therapy reassessment requirement will 

apply to episodes that begin on or after 

January 1, 2015,’’ we meant to state that 

the therapy reassessment changes 

finalized in the regulations at § 409.44 

are effective for episodes ‘‘beginning’’ 

on or after January 1, 2015. At least 

every 30 days a qualified therapist 

(instead of an assistant) must provide 

the needed therapy service and 

functional reassessment of the patient. 

Where more than one discipline of 

therapy is being provided, a qualified 

therapist from each of the disciplines 

must provide the needed therapy 

service and functionally reassess the 

patient at least every 30 days. Therapy 

reassessments are to be performed using 

a method that would include objective 

measurement, in accordance with 

accepted professional standards of 

clinical practice, which enables 

comparison of successive measurements 

to determine the effectiveness of therapy 

goals. Such objective measurements 

would be made by the qualified 

therapist using measurements which 

assess activities of daily living that may 

include but are not limited to eating, 

swallowing, bathing, dressing, toileting, 

walking, climbing stairs, or using 

assistive devices, and mental and 

cognitive factors. The measurement 

results and corresponding effectiveness 

of the therapy, or lack thereof, must be 

documented in the clinical record. 

III. 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 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 

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Federal Register / Vol. 79, No. 231 / Tuesday, December 2, 2014 / Rules and Regulations 71321 

interest, and incorporates a statement of 

the finding and the reasons therefore in 

the notice. 

Since this correction document is 

simply correcting an applicability date 

for one provision, it is unnecessary to 

follow the notice and comment 

procedure in this instance. We therefore 

believe that we have good cause to 

forego notice and a period for comment. 

IV. Correction of Errors 

In FR Doc. 2014–26057 of November 

6, 2014 (79 FR 66032), make the 

following correction: 

1. On page 66104, in the third 

column, in the fifth paragraph beginning 

with ‘‘Final Decision’’, in the third line 

of the first sentence, remove ‘‘ending’’ 

and add ‘‘beginning’’ in its place. 

Dated: November 25, 2014. 

C’Reda Weeden, 

Executive Secretary to the Department, 

Department of Health and Human Services. 

[FR Doc. 2014–28396 Filed 12–1–14; 8:45 am] 

BILLING CODE 4120–01–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Parts 2 and 90 

[PS Docket No. 13–87; PS Docket No. 06– 

229, WT Docket No. 96–86, RM–11433 and 

RM–11577, FCC 14–172] 

Service Rules Governing Narrowband 

Operations in the 769–775/799–805 

MHz Bands 

AGENCY: Federal Communications 

Commission. 

ACTION: Final rule. 

SUMMARY: In this document the 

Commission implements certain 

changes to the rules governing the 700 

MHz public safety narrowband 

spectrum (769–775/799–805 MHz). We 

eliminate the requirement for licensees 

to narrowband to 6.25 kHz technology 

by December 2016, thereby enabling 

licensees to extend the life of existing 

systems and providing public safety 

with greater flexibility in determining 

the optimal future use of the band. In 

addition, we revise and update the 

technical rules for the band to enhance 

interoperability and open up certain 

channels to new uses, and we release 

reserve spectrum to provide additional 

capacity, particularly for public safety 

licensees relocating to the 700 MHz 

band from the T-Band (470–512 MHz). 

These rule changes enhance the ability 

of public safety licensees to use this 

spectrum to protect the safety of life and 

property. 

DATES: Effective January 2, 2015, except 

for the amendments to 47 CFR 

2.1033(c)(20), 90.531(b)(2), and 

90.531(b)(7), containing new or 

modified information collection 

requirements that require approval by 

the Office of Management and Budget 

under the Paperwork Reduction Act of 

1995, which will be effective after such 

approval on the effective date specified 

in a notification the Commission will 

publish in the Federal Register. 

FOR FURTHER INFORMATION CONTACT: 

Brian Marenco, Policy and Licensing 

Division, Public Safety and Homeland 

Security Bureau, (202) 418–0838. 

SUPPLEMENTARY INFORMATION: This is a 

summary of the Commission’s Report 

and Order in PS Docket No. 13–87, FCC 

14–172, released on October 24, 2014. 

The document is available for download 

at http://fjallfoss.fcc.gov/edocs_public/. 

The complete text of this document is 

also 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. 

To request materials in accessible 

formats for people with disabilities 

(Braille, large print, electronic files, 

audio format), send an email to 

FCC504@fcc.gov or call the Consumer & 

Governmental Affairs Bureau at 202– 

418–0530 (voice), 202–418–0432 (TTY). 

In 2013, the Commission’s Notice of 

Proposed Rulemaking (NPRM) sought 

comment on several proposals to amend 

the 700 MHz public safety narrowband 

rules. First, the Commission asked 

whether it should extend or eliminate 

the December 31, 2016 narrowbanding 

deadline for 700 MHz public safety 

narrowband licensees. Next, it sought 

comment on a 2010 National Public 

Safety Telecommunications Council 

(NPSTC) proposal to designate certain 

700 MHz narrowband channels for lowaltitude, low power, air-ground voice 

communications. Finally, it sought 

comment on other NPSTC proposals 

made in an earlier 2008 petition and 

matters raised on the Commission’s own 

motion. 

In the Report and Order the 

Commission eliminates the December 

31, 2016 narrowbanding deadline for 

700 MHz public safety narrowband 

licensees to transition from 12.5 

kilohertz to 6.25 kilohertz channel 

bandwidth technology. The Commission 

also re-designates channels in the 700 

MHz band that are currently licensed for 

secondary trunking operations for 

public safety aircraft voice operations, 

consistent with NPSTC’s 2010 proposal. 

The Commission reallocates the Reserve 

Channels to General Use Channels and 

affords T-Band public safety licensees 

priority for licensing of the former 

Reserve Channels in T-Band areas. The 

Commission also addresses NPSTC’s 

proposals and technical matters raised 

in the NPRM. As a result of our decision 

to eliminate the 700 MHz 

narrowbanding deadline and designate 

the Reserve Spectrum for General Use, 

we dismiss as moot several requests for 

waiver filed prior to and during the 

pendency of this rulemaking. 

Procedural Matters 

A. Final Regulatory Flexibility Analysis 

The Final Regulatory Flexibility 

Analysis required by section 604 of the 

Regulatory Flexibility Act, 5 U.S.C. 604, 

is included in Appendix A of the Report 

and Order. 

B. Paperwork Reduction Act of 1995 

Analysis 

The Report and Order document 

contains new or modified information 

collection requirements subject to the 

Paperwork Reduction Act of 1995 

(PRA), Public Law 104–13. It will be 

submitted to the Office of Management 

and Budget (OMB) for review under 

section 3507(d) of the PRA. OMB, the 

general public, and other Federal 

agencies are invited to comment on the 

new information collection 

requirements contained in this 

proceeding. 

Final Regulatory Flexibility Analysis 

As required by the Regulatory 

Flexibility Act (RFA), an Initial 

Regulatory Flexibility Analysis (IRFA) 

was incorporated into the NPRM of this 

proceeding. The Commission sought 

written public comment on the IRFA. 

The RFA requires that an agency 

prepare a regulatory flexibility analysis 

for notice-and-comment rulemaking 

proceedings, unless the agency certifies 

that ‘‘the rule will not, if promulgated, 

have a significant economic impact on 

a substantial number of small entities.’’ 

The RFA generally defines ‘‘small 

entity’’ as having the same meaning as 

the terms ‘‘small business,’’ ‘‘small 

organization,’’ and ‘‘small governmental 

jurisdiction.’’ In addition, the term 

‘‘small business’’ has the same meaning 

as the term ‘‘small business concern’’ 

under the Small Business Act. A ‘‘small 

business concern’’ is one which: (1) is 

independently owned and operated; (2) 

is not dominant in its field of operation; 

and (3) satisfies any additional criteria 

established by the Small Business 

Administration (SBA). The present 

Final Regulatory Flexibility Analysis 

(FRFA) conforms to the RFA. 

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