### 1741 Federal Register / Vol. 79, No. 7 / Friday, January 10, 2014 / Rules and Regulations

(b) * * * (4) * * * (ii) * * * The effectiveness of this device for this use has not been demonstrated;

(5) * * * If the amount charged is $250 or less, the requirement for a report by an independent certified public accountant or an attestation by a responsible individual of the organization is waived; and

(6) Information concerning pediatric uses of the device, as required by § 814.20(b)(13).

* * * * *

■ 10. In 814.116, redesignate paragraphs (c)(2) through (c)(4) as paragraphs (c)(3) through (c)(5), respectively, and add new paragraph (c)(2) to read as follows:

**§ 814.116 Procedures for review of an HDE.** 
* * * * *

(c) * * * (2) The submission of additional information concerning pediatric uses of the device, as required by § 814.20(b)(13);

* * * * *

Dated: January 6, 2014. Leslie Kux, Assistant Commissioner for Policy.
[FR Doc. 2014–00267 Filed 1–9–14; 8:45 am]

**BILLING CODE 4160–01–P**

**DEPARTMENT OF HOMELAND SECURITY** 

**Coast Guard**

**33 CFR Part 117**

**[Docket No. USCG–2013–1039]**

**Drawbridge Operation Regulation; Upper Mississippi River, Sabula, IA** 

**AGENCY :**  Coast Guard, DHS.

**ACTION :**  Notice of deviation from drawbridge regulations.

**SUMMARY :**  The Coast Guard has issued a temporary deviation from the operating schedule that governs the Sabula Railroad Drawbridge across the Upper Mississippi River, mile 535.0, at Sabula, Iowa. The deviation is necessary to allow the bridge owner time to perform repairs and maintenance that is essential to the continued safe operation of the drawbridge. This deviation allowsthe bridge to remain in the closed-tonavigation position while a damaged gear assembly is replaced and structural steel repairs are completed.

**DATES :**  This deviation is effective from 7 a.m., January 6, 2014 to 7 a.m., March 4, 2014. **ADDRESSES :**  The docket for this deviation, USCG–2013–1039 is available
at http://www.regulations.gov. Type the docket number in the ‘‘SEARCH’’ box and click ‘‘SEARCH’’. Click on Open Docket Folder on the line associated with this deviation. You may also visit the Docket Management Facility in Room W12–140 on the ground floor of the Department of Transportation West Building, 1200 New Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays.

**FOR FURTHER INFORMATION CONTACT :**  If you have questions on this temporary deviation, call or email Eric A. Washburn, Bridge Administrator, Western Rivers, Coast Guard; telephone 314–269–2378, email Eric.Washburn@ uscg.mil. If you have questions on viewing the docket, call Cheryl Collins, Program Manager, Docket Operations, telephone 202–366–9826.

**SUPPLEMENTARY INFORMATION :**  The Canadian Pacific Railway requested a temporary deviation for the Sabula Railroad Drawbridge, across the Upper Mississippi River, mile 535.0, at Sabula,Iowa to remain in the closed-tonavigation position while a damaged gear assembly is replaced and structural steel repairs are completed. The closure period will start at 7 a.m., January 6, 2014 to 7 a.m., March 4, 2014. Work is scheduled in the winter and when there is less impact on navigation; instead of scheduling work in the summer, when river traffic increases.

Once the gear assembly is removed and structural steel repairs have commenced, the swing span will not be able to open, even for emergencies, until repairs are complete and gear assembly is installed.

The Sabula Railroad Drawbridge currently operates in accordance with 33 CFR 117.5, which states the general requirement that drawbridges shall open promptly and fully for the passage of vessels when a request to open is given in accordance with the subpart. In order to facilitate the needed bridge work, thedrawbridge must be kept in the closedto-navigation position.

There are no alternate routes for vessels transiting this section of the Upper Mississippi River.

The Sabula Railroad Drawbridge, in the closed-to-navigation position, provides a vertical clearance of 18.1 feet above normal pool. Navigation on the waterway consists primarily of commercial tows and recreational watercraft. This temporary deviation has been coordinated with the waterway users. No objections were received. In accordance with 33 CFR 117.35(e), the drawbridge must return to its regular operating schedule immediately at the end of the effective period of this temporary deviation. This deviation from the operating regulations is authorized under 33 CFR 117.35.

Dated: December 18, 2013. Eric A. Washburn, Bridge Administrator, Western Rivers.
[FR Doc. 2014–00284 Filed 1–9–14; 8:45 am]

**BILLING CODE 9110–04–P**

**DEPARTMENT OF HEALTH AND HUMAN SERVICES** 

**Centers for Medicare & Medicaid Services** 

**42 CFR Parts 412, 413, 414, 419, 424, 482, 485, and 489** 

**[CMS–1599–CN4]**

**RIN 0938–AR53**

**Medicare Program; Hospital Inpatient Prospective Payment Systems for** **Acute Care Hospitals and the Long Term Care Hospital Prospective**  **Payment System and Fiscal Year 2014 Rates; Quality Reporting Requirements**  **for Specific Providers; Hospital Conditions of Participation; Payment**  **Policies Related to Patient Status; Corrections** 

**AGENCY :**  Centers for Medicare & Medicaid Services (CMS), HHS.

**ACTION :**  Final rule; correction.

**SUMMARY :**  This document corrects technical errors in the correcting document that appeared in the January 2, 2014 Federal Register entitled ‘‘Medicare Program; Hospital Inpatient Prospective Payment Systems for Acute Care Hospitals and the Long-Term Care Hospital Prospective Payment System and Fiscal Year 2014 Rates; Quality Reporting Requirements for Specific Providers; Hospital Conditions of Participation; Payment Policies Related to Patient Status; Corrections.’’

**DATES :**  Effective Date: This correcting document is effective January 8, 2014.

Applicability Date: This correcting document is applicable on January 1,
2014.

**FOR FURTHER INFORMATION CONTACT :**  Tzvi Hefter, (410) 786–4487.

**SUPPLEMENTARY INFORMATION :**  I. Background

In the August 19, 2013 Federal Register (78 FR 50495), we published a final rule entitled ‘‘Medicare Program; Hospital Inpatient Prospective Payment


### 1742 Federal Register / Vol. 79, No. 7 / Friday, January 10, 2014 / Rules and Regulations

Systems for Acute Care Hospitals and the Long Term Care Hospital Prospective Payment System and Fiscal Year 2014 Rates; Quality Reporting Requirements for Specific Providers; Hospital Conditions of Participation; Payment Policies Related to Patient Status’’ (hereinafter referred to as the FY 2014 IPPS/LTCH PPS final rule). To correct typographical and technical errors in the FY 2014 IPPS/LTCH PPS final rule, we published correcting documents that appeared in the October 3, 2013 Federal Register (78 FR 61197) and the January 2, 2014 Federal Register (79 FR 61). We left out Code of Federal Regulations (CFR) part numbers from the heading and left out the applicability date from the **DATES** section of the January 2, 2014 correcting document. Therefore, in this correcting document, we add the omitted CFR part numbers and the applicability date. II. Summary of Errors

On page 61 of the January 2, 2014 correcting document (79 FR 61), we inadvertently omitted some CFR part numbers from the heading, and inadvertently omitted the applicability date from the **DATES** section. III. Waiver of Proposed Rulemaking and Delay of 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.

In our view, this correcting document does not constitute a rulemaking that would be subject to the APA notice and comment or delayed effective date requirements. This correcting document simply adds the CFR part numbers and the applicability date that were inadvertently omitted and does not make substantive changes to the policies or payment methodologies that were adopted in the final rule.

In addition, even if this were a rulemaking to which the notice and comment procedures and delayed effective date requirements applied, we find that there is good cause to waive such requirements. Undertaking further notice and comment procedures to incorporate the corrections in this document into the January 2, 2014 correcting document (which corrected the FY 2014 IPPS/LTCH final rule) or delaying the effective date would be contrary to the public interest, because it is in the public’s interest for providers to receive appropriate payments in as timely a manner as possible. Furthermore, such procedures would be unnecessary, as we are not altering the policies that were already subject to comment and finalized in our final rule, but rather, we are simply adding the CFR part numbers and applicability date that were inadvertently omitted. Therefore, we find good cause to waive the notice and comment and effective date requirements.

IV. Correction of Errors

In FR Doc. 2013–31432 of January 2, 2014 (79 FR 61), make the following corrections:

1. On page 61, in the heading, the CFR citation ‘‘42 CFR Parts 412, 482, 485, and 489’’ is corrected to read ‘‘42 CFR Parts 412, 413, 414, 419, 424, 482, 485, and 489’’.

2. On page 61, in the **DATES** section, the caption and sentence, ‘‘ **DATES :**  Effective Date: This correcting document is effective on January 2, 2014.’’ are corrected to read as follows:

‘‘ **DATES :**  Effective Date: This correcting document is effective January 2, 2014.

Applicability Date: This correcting document is applicable on January 1, 2014.’’
(Catalog of Federal Domestic Assistance Program No. 93.773, Medicare—Hospital Insurance; and Program No. 93.774, Medicare—Supplementary Medical Insurance Program)

Dated: January 7, 2014. Jennifer Cannistra, Executive Secretary to the Department, Department of Health and Human Services. [FR Doc. 2014–00273 Filed 1–8–14; 4:15 pm]

**BILLING CODE 4120–01–P DEPARTMENT OF HEALTH AND**  **HUMAN SERVICES**

**Centers for Medicare & Medicaid Services** 

**42 CFR Parts 413 and 424**

**[CMS–1446–CN3]**

**RIN 0938–AR65**

**Medicare Program; Prospective Payment System and Consolidated**  **Billing for Skilled Nursing Facilities for FY 2014; Correction** 

**AGENCY :**  Centers for Medicare & Medicaid Services (CMS), HHS.

**ACTION :**  Final rule; correction.

**SUMMARY :**  This document corrects technical errors in the correcting document that appeared in the January 2, 2014 Federal Register entitled ‘‘Medicare Program; Prospective Payment System and Consolidated Billing for Skilled Nursing Facilities for FY 2014; Correction.’’

**DATES :**  Effective Date: This correcting document is effective January 8, 2014.

Applicability Date: This correcting document is applicable to skilled nursing facility services furnished on or after January 1, 2014.

**FOR FURTHER INFORMATION CONTACT :**  John Kane, (410) 786–0557.

**SUPPLEMENTARY INFORMATION :**  I. Background

In the August 6, 2013 Federal Register (78 FR 47936), we published a final rule entitled ‘‘Medicare Program; Prospective Payment System and Consolidated Billing for Skilled Nursing Facilities for FY 2014’’ (hereinafter referred to as the FY 2014 SNF PPS final rule). To correct typographical and technical errors in the FY 2014 SNF PPS final rule, we published correcting documents that appeared in the October 3, 2013 Federal Register (78 FR 61202) and the January 2, 2014 Federal Register (79 FR 63). We left out the applicability date from the **DATES** section of the January 2, 2014 correcting document; therefore, in this correcting document, we add the applicability date. II. Summary of Errors

On page 63 of the January 2, 2014 correcting document (79 FR 63), we inadvertently omitted the applicability date from the **DATES** section. III. Waiver of Proposed Rulemaking and Delay of Effective Date

We ordinarily publish a notice of proposed rulemaking in the Federal