77208 Federal Register / Vol. 88, No. 216 / Thursday, November 9, 2023 / Rules and Regulations 

1The EPA has defined RACT as the lowest 

emission limitation that a particular source is 

capable of meeting by the application of control 

technology that is reasonably available considering 

technological and economic feasibility (44 FR 

53762, September 17, 1979). 

Dated: November 4, 2023. 

Taylor Q. Lam, 

Captain, U.S. Coast Guard, Captain of the 

Port San Francisco. 

[FR Doc. 2023–24846 Filed 11–8–23; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R02–OAR–2022–0648, FRL–11358– 

02–R2] 

Approval and Promulgation of 

Implementation Plans; New York; 

Elements of the 2008 and 2015 Ozone 

National Air Quality Standards 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving a State 

Implementation Plan (SIP) revision 

submitted by the State of New York for 

purposes of certifying and meeting the 

requirements for Reasonably Available 

Control Technology (RACT) for the 

Serious classification of the 2008 and 

Moderate classification of the 2015 8- 

hour Ozone National Ambient Air 

Quality Standards (NAAQS). The EPA is 

also approving that this SIP revision 

fulfills SIP requirements pertaining to 

the Ozone Transport Region (OTR) for 

the 2015 Ozone NAAQS. The EPA is 

approving the demonstration portion of 

the comprehensive SIP revision 

submitted by New York that certifies 

that the State has satisfied the 

requirements for an Ozone 

nonattainment new source review 

program, certifies that the State has 

satisfied the requirements for a 

nonattainment emission inventory, and 

certifies that the State has satisfied the 

requirements for clean fuels for fleets. In 

addition, the EPA is approving New 

York’s reasonable further progress plans 

and motor vehicle emissions budgets for 

both the Moderate and Serious 

classifications of the 2008 ozone 

NAAQS. These actions are being taken 

in accordance with the requirements of 

the Clean Air Act. 

DATES: This final rule is effective on 

December 11, 2023. 

ADDRESSES: The EPA has established a 

docket for this action under Docket ID 

Number EPA–R02–OAR–2022–0648. All 

documents in the docket are listed on 

the https://www.regulations.gov 

website. Although listed in the index, 

some information is not publicly 

available, e.g., Controlled Unclassified 

Information (CUI) (formally referred to 

as Confidential Business Information 

(CBI)) or other information whose 

disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, is not placed on 

the internet and will be publicly 

available only in hard copy form. 

Publicly available docket materials are 

available electronically through https:// 

www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: 

Fausto Taveras, Environmental 

Protection Agency, 290 Broadway, New 

York, New York 10007–1866, at (212) 

637–3378, or by email at 

Taveras.Fausto@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document, whenever 

‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean 

EPA. 

Table of Contents 

I. What is the background for this action? 

II. What comments were received in response 

to the EPA’s proposed action? 

III. What action is the EPA taking? 

IV. Statutory and Executive Order Reviews 

I. What is the background for this 

action? 

On August 25, 2023 (88 FR 58202), 

the EPA proposed to approve a SIP 

revision submitted by the State of New 

York on January 29, 2021, for purposes 

of meeting the requirement for 

Reasonably Available Control 

Technology (RACT) 1 for the 2008 8- 

hour Ozone NAAQS in New York’s 

portion of the New York-Northern New 

Jersey-Long Island (NJ-NJ-CT) 

nonattainment area (also referred to as 

the New York Metro Area or NYMA) for 

the Serious classification. The EPA also 

proposed to approve that same 

submittal for meeting New York’s RACT 

requirements for the 2015 8-hour Ozone 

NAAQS in the NYMA and for meeting 

the State’s requirements for statewide 

RACT for the 2015 8-hour Ozone 

NAAQS within the Ozone Transport 

Region (OTR). The State’s January 2021 

SIP submittal consists of a RACT 

certification demonstration that New 

York continues to meet the RACT 

requirements for the two precursors for 

ground-level ozone, i.e., oxides of 

nitrogen (NOX) and volatile organic 

compounds (VOCs), set forth by the 

Clean Air Act (CAA or Act) with respect 

to the 2008 and 2015 8-hour ozone 

standard. Therefore, the EPA proposed 

to approve New York’s January 2021 

RACT SIP submittal as it applies to noncontrol technique guideline (non-CTG) 

major sources of VOCs, CTG sources of 

VOCs and to major sources of NOX. 

In the August 25, 2023, notice of 

proposed rulemaking, the EPA also 

proposed to approve portions of a 

comprehensive SIP revision submitted 

by the State of New York on November 

29, 2021, certifying that the State has 

satisfied the requirements for: (1) An 

Ozone nonattainment new source 

review (NNSR) program which applies 

to NOX and VOC emissions from 

stationary sources; (2) a nonattainment 

emission inventory; and (3) clean fuels 

for fleets. The EPA also proposed to 

approve New York’s reasonable further 

progress plans and motor vehicle 

emission budgets (transportation 

conformity budgets or Budgets) for the 

Serious classifications of the 2008 

Ozone NAAQS in the NYMA. In the 

August 25, 2023, notice of proposed 

rulemaking, the EPA also proposed to 

approve New York’s reasonable further 

progress and transportation conformity 

budgets for the Moderate classification 

of the 2008 Ozone NAAQS in the 

NYMA, which was submitted by the 

State on November 13, 2017. 

In New York’s January 29, 2021, 

RACT submittal for the Serious 

classification of the 2008 Ozone 

standard, Moderate classification for the 

2015 Ozone Standard, and OTR 

requirements related to the 2015 ozone 

NAAQS, New York recertified that its 

previously approved negative 

declaration for various CTGs remain 

valid. New York certified that there are 

no sources located in the State for the 

following six CTGs: Manufacture of 

Vegetable Oils; Manufacture of HighDensity Polyethylene, Polypropylene 

and Polystyrene Resins; Natural Gas/ 

Gasoline Processing Plants; Air 

Oxidation Processes in Synthetic 

Organic Chemical Manufacturing 

Industry; Fiberglass Boat Manufacturing 

Materials; Agricultural Pesticides. In the 

August 25, 2023, notice of proposed 

rulemaking, the EPA proposed that the 

State’s negative declaration for the six 

CTGs listed above remain valid and 

satisfies the requirements for the 2008 

Ozone NAAQS Serious classification, 

the 2015 Ozone Standard Moderate 

classification and requirements 

associated with the OTR for the 2015 

Ozone NAAQS. Therefore, within this 

action the EPA is certifying that the 

previously approved State’s negative 

declaration remains valid for these six 

CTGs for the 2008 Ozone NAAQS 

Serious classification, the 2015 Ozone 

Standard Moderate classification and 

the requirements associated with the 

OTR for the 2015 Ozone NAAQS. See 82 


ddrumheller on DSK120RN23PROD with RULES1
Federal Register / Vol. 88, No. 216 / Thursday, November 9, 2023 / Rules and Regulations 77209 

FR 58342 (December 12, 2017); 40 CFR 

52.1683(a) and (b). 

The specific details of New York’s SIP 

submittals and the rationale for the 

EPA’s approval action are explained in 

the EPA’s proposed rulemaking and are 

not restated in this final action. For this 

detailed information, the reader is 

referred to the EPA’s August 25, 2023, 

proposed rulemaking (88 FR 58202). 

II. What comments were received in 

response to the EPA’s proposed action? 

In response to EPA’s August 25, 2023, 

proposed rulemaking on New York’s SIP 

revisions, the EPA received only one 

comment during the 30-day public 

comment period. The specific comment 

may be viewed under Docket ID Number 

EPA–R02–OAR–2022–0648 on the 

https://regulations.gov website. 

Comment: A private citizen 

commenter living in the New York 

Metropolitan Area supports the EPA’s 

proposed approval of New York’s SIP 

revision because ‘‘. . . approving this 

SIP would help push the State of New 

York, especially the Metropolitan Area 

to closer meet the 8-hour Ozone NAAQS 

. . .’’ and that ‘‘. . . these new revisions 

all overall help the betterment of the air 

quality in New York by providing [the 

State] the programming and provisions 

needed to improve their air quality and 

public health.’’ 

Response: The EPA acknowledges the 

commenter’s support of the EPA’s 

proposed rule. 

This concludes our response to the 

comments received. No changes have 

been made to the proposed rule as a 

result of the comments received. 

III. What action is the EPA taking? 

The EPA is approving New York’s 

RACT certification submittal dated 

January 29, 2021, for purposes of 

meeting the requirements for RACT for 

the 2008 8-hour Ozone National 

Ambient Air Quality Standard (NAAQS 

or standard) in New York’s portion of 

the NY-NJ-CT nonattainment area for 

the Serious classification. The EPA is 

also approving that this RACT 

certification submittal also satisfies New 

York’s requirement for RACT for the 

2015 8-hour Ozone NAAQS in the 

NYMA and the requirements for RACT 

for the 2015 8-hour Ozone NAAQS 

throughout the State of New York’s 

commitment to meet RACT within the 

OTR. 

The EPA is also approving portions of 

a comprehensive SIP revision submitted 

by New York on November 29, 2021, 

which includes: (1) The reasonable 

further progress plan and transportation 

conformity budgets for the 2008 8-hour 

Ozone Serious classification of the 

NYMA; (2) an Ozone nonattainment 

new source review (NNSR) program 

which applies state-wide for emissions 

to NOX and VOC emissions from 

stationary sources; (3) an nonattainment 

emission inventory; and (4) clean fuels 

for fleets. 

In addition, the EPA is also approving 

a portion of a comprehensive SIP 

revisions submitted by New York on 

November 13, 2017, which include New 

York’s reasonable further progress plan 

and transportation conformity budgets 

for the 2008 8-hour Ozone Moderate 

classification of the NYMA. 

IV. Statutory and Executive Order 

Reviews 

Under the CAA, the Administrator is 

required to approve a SIP submission 

that complies with the provisions of the 

CAA and applicable Federal regulations. 

42 U.S.C. 7410(k); 40 CFR 52.02(a). 

Thus, in reviewing SIP submissions, 

EPA’s role is to approve State choices, 

provided that they meet the criteria of 

the CAA. Accordingly, this action 

merely approves State law as meeting 

Federal requirements and does not 

impose additional requirements beyond 

those imposed by State law. For that 

reason, this action: 

• Is not a ‘‘significant regulatory 

action’’ subject to review by the Office 

of Management and Budget under 

Executive Orders 12866 (58 FR 51735, 

October 4, 1993) and 14094 (88 FR 

21879, April 11, 2023); 

• Does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

U.S.C. 3501 et seq.); 

• Is certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.); 

• Does not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4); 

• Does not have federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• Is not subject to Executive Order 

13045 (62 FR 19885, April 23, 1997) 

because it approves a State program; 

• Is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

• Is not subject to requirements of 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) because 

application of those requirements would 

be inconsistent with the Clean Air Act. 

In addition, this final rulemaking 

action, pertaining to New York’s 

submissions, is not approved to apply 

on any Indian reservation land or in any 

other area where the EPA or an Indian 

tribe has demonstrated that a tribe has 

jurisdiction. In those areas of Indian 

country, the rule does not have Tribal 

implications and will not impose 

substantial direct costs on Tribal 

governments or preempt Tribal law as 

specified by Executive Order 13175 (65 

FR 67249, November 9, 2000). 

Executive Order 12898 (Federal 

Actions to Address Environmental 

Justice in Minority Populations and 

Low-Income Populations, 59 FR 7629, 

Feb. 16, 1994) directs Federal agencies 

to identify and address 

‘‘disproportionately high and adverse 

human health or environmental effects’’ 

of their actions on minority populations 

and low-income populations to the 

greatest extent practicable and 

permitted by law. EPA defines 

environmental justice (EJ) as ‘‘the fair 

treatment and meaningful involvement 

of all people regardless of race, color, 

national origin, or income with respect 

to the development, implementation, 

and enforcement of environmental laws, 

regulations, and policies.’’ EPA further 

defines the term fair treatment to mean 

that ‘‘no group of people should bear a 

disproportionate burden of 

environmental harms and risks, 

including those resulting from the 

negative environmental consequences of 

industrial, governmental, and 

commercial operations or programs and 

policies.’’ 

The New York State Department of 

Environmental Conservation (NYSDEC) 

did not evaluate environmental justice 

considerations as part of its SIP 

submittal; the CAA and applicable 

implementing regulations neither 

prohibit nor require such an evaluation. 

EPA did not perform an EJ analysis and 

did not consider EJ in this action. Due 

to the nature of the action being taken 

here, this action is expected to have a 

neutral to positive impact on the air 

quality of the affected area. 

Consideration of EJ is not required as 

part of this action, and there is no 

information in the record inconsistent 

with the stated goal of E.O. 12898 of 

achieving environmental justice for 

people of color, low-income 

populations, and Indigenous peoples. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Nitrogen dioxide, Ozone, Reporting and 

recordkeeping requirements, Volatile 

organic compounds. 


ddrumheller on DSK120RN23PROD with RULES1
77210 Federal Register / Vol. 88, No. 216 / Thursday, November 9, 2023 / Rules and Regulations 

Authority: 42 U.S.C. 7401 et seq. 

Lisa Garcia, 

Regional Administrator, Region 2. 

For the reasons set forth in the 

preamble, 40 CFR part 52 is amended as 

follows: 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 1. The authority citation for part 52 

continues to read as follows: 

Authority: 42 U.S.C. 7401 et seq. 

Subpart HH—New York 

■ 2. In § 52.1670(e), in the table, add 

entries for ‘‘2008 8-hour Ozone 

Reasonable Further Progress Plan (RFP) 

for milestone year 2017; 2017 motor 

vehicle emission budgets used for 

planning purposes’’, ‘‘2008 8-hour 

Ozone Reasonable Further Progress Plan 

(RFP) for milestone year 2020; 2020 

motor vehicle emission budgets used for 

planning purposes’’, ‘‘2008 8-hour 

Ozone Serious RACT Analysis and 

Certification’’, ‘‘2015 8-hour Ozone 

RACT Analysis and Certification’’, 

‘‘2008 8-hour Ozone Serious 

Nonattainment New Source Review 

Requirements Certification’’, ‘‘2008 8- 

hour Ozone Serious nonattainment 

emission inventory’’, and ‘‘2008 8-hour 

Ozone Clean Fuel for Fleets’’ to the end 

of the table to read as follows: 

§ 52.1670 Identification of plan. 

* * * * * 

(e) * * * 

EPA-APPROVED NEW YORK NONREGULATORY AND QUASI-REGULATORY PROVISIONS

Action/SIP element Applicable geographic or 

nonattainment area 

New York 

submittal 

date 

EPA approval 

date Explanation 

*******

2008 8-hour Ozone Reasonable 

Further Progress Plan (RFP) for 

milestone year 2017; 2017 

motor vehicle emission budgets 

used for planning purposes.

New York portion of the New 

York-Northern New Jersey-Long 

Island NY-NJ-CT 8-hour ozone 

nonattainment area.

11/13/2017 11/9/2023, [insert Federal 

Register citation].

• Full approval. 

2008 8-hour Ozone Reasonable 

Further Progress Plan (RFP) for 

milestone year 2020; 2020 

motor vehicle emission budgets 

used for planning purposes.

New York portion of the New 

York-Northern New Jersey-Long 

Island NY-NJ-CT 8-hour ozone 

nonattainment area.

11/29/2021 11/9/2023, [insert Federal 

Register citation].

• Full approval. 

2008 8-hour Ozone Serious RACT 

Analysis and Certification.

New York portion of the New 

York-Northern New Jersey-Long 

Island NY-NJ-CT 8-hour ozone 

nonattainment area.

01/29/2021 11/9/2023, [insert Federal 

Register citation].

• Full approval. 

• Certifies New York has met the 

RACT requirements as it applies to non-CTG major sources 

of VOCs, all CTG sources of 

VOCs, and to major sources of 

NOX for the Serious 2008 8- 

hour Ozone New York portion 

of the New York-Northern New 

Jersey-Long Island NY-NJ-CT 

8-hour ozone nonattainment 

area. 

2015 8-hour Ozone RACT Analysis and Certification.Statewide and to the New York 

portion of the New York-Northern New Jersey-Long Island 

NY-NJ-CT 8-hour ozone nonattainment area.

01/29/2021 11/9/2023, [insert Federal 

Register citation].

• Full approval. 

• Certifies New York has met the 

RACT requirements as it applies to non-CTG major sources 

of VOCs, all CTG sources of 

VOCs, and to major sources of 

NOX for the Moderate 2015 8- 

hour Ozone New York portion 

of the New York-Northern New 

Jersey-Long Island NY-NJ-CT 

8-hour ozone nonattainment 

area. 

• Certifies New York’s commitment to meet RACT statewide 

within the Ozone Transport Region (OTR) for the 2015 Ozone 

NAAQS. 

2008 8-hour Ozone Serious Nonattainment New Source Review 

Requirements Certification.

New York portion of the New 

York-Northern New Jersey-Long 

Island NY-NJ-CT 8-hour ozone 

nonattainment area.

11/29/2021 11/9/2023, [insert Federal 

Register citation].

• Full approval. 

2008 8-hour Ozone Serious nonattainment emission inventory.New York portion of the New 

York-Northern New Jersey-Long 

Island NY-NJ-CT 8-hour ozone 

nonattainment area.

11/29/2021 11/9/2023, [insert Federal 

Register citation].

• Full approval. 

2008 8-hour Ozone Clean Fuel for 

Fleets.

New York portion of the New 

York-Northern New Jersey-Long 

Island NY-NJ-CT 8-hour ozone 

nonattainment area.

11/29/2021 11/9/2023, [insert Federal 

Register citation].

• Full approval. 


ddrumheller on DSK120RN23PROD with RULES1
Federal Register / Vol. 88, No. 216 / Thursday, November 9, 2023 / Rules and Regulations 77211 

■ 3. In §52.1683: 

■ a. Remove the headings from 

paragraphs (f), (n), and (v); and 

■ b. Add paragraph (w). 

The addition reads as follows: 

§ 52.1683 Control strategy: Ozone. 

* * * * * 

(w)(1) The January 29, 2021, New 

York Reasonably Available Control 

Technology (RACT) analysis plan, 

submitted pursuant to the 2008 8-hour 

ozone national ambient air quality 

standard (NAAQS) Serious 

classification, which applies to the New 

York portion of the New York-Northern 

New Jersey-Long Island (NY-NJ-CT) 

nonattainment area is approved as it 

continues to meet the RACT 

requirements for the two precursors for 

ground-level ozone, i.e., oxides of 

nitrogen (NOX) and volatile organic 

compounds (VOCs), set forth by the 

Clean Air Act (CAA or Act) with respect 

to the 2008 8-hour ozone standard. 

(2) The January 29, 2021, New York 

Reasonably Available Control 

Technology (RACT) analysis plan, 

submitted pursuant to the 2015 8-hour 

ozone national ambient air quality 

standard (NAAQS) Serious 

classification, which applies to the 

entire State, including the New York 

portion of the New York-Northern New 

Jersey-Long Island (NY-NJ-CT) 

nonattainment area is approved as it 

applies to the Clean Air Act control 

technique guidelines (CTG) 

requirements for major sources of 

volatile organic compounds (VOC). 

(3) The reminder of New York’s 

January 29, 2021, RACT analysis plan, 

pursuant to the 2015 8-hour ozone 

NAAQS as applied to the entire State, 

including the New York portion of the 

NY-NJ-CT moderate nonattainment area, 

and as it applies to non-CTG major 

sources of VOCs and to major sources of 

oxides of nitrogen (NOX), is approved. 

(4) The November 29, 2021, New York 

plan submittal providing a certification 

that the State has satisfied the 

requirements for an ozone 

nonattainment new source review 

program as sufficient for purposes of the 

State-wide 2008 8-hour ozone NAAQS 

Serious classification, including the 

New York portion of the NY-NJ-CT 

nonattainment area, is approved. 

(5) The Reasonable Further Progress 

Plans for milestone years 2017 and 2020 

pursuant to the 2008 8-hour Ozone 

NAAQS, included in New York’s 

November 13, 2017, and November 29, 

2021, State Implementation Plan 

submittals for the New York portion of 

the New York-Northern New JerseyLong Island nonattainment area are 

approved. 

(6) The 2017 and 2020 motor vehicle 

emission budgets used for 

transportation conformity purposes for 

the New York portion of the New YorkNorthern New Jersey-Long Island 

nonattainment area contained in New 

York’s November 13, 2017, and 

November 29, 2021, SIP submittals are 

approved. 

(7) New York’s certification that the 

State has satisfied the requirements for 

Clean Fuel for Fleets under the Clean 

Air Act for the 2008 8-hour Ozone 

NAAQS, included in the State’s 

November 29, 2021, SIP submittal for 

the New York portion of the New YorkNorthern New Jersey-Long Island 

nonattainment area is approved. 

[FR Doc. 2023–24616 Filed 11–8–23; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Centers for Medicare & Medicaid 

Services 

42 CFR Parts 411, 412, 419, 488, 489, 

and 495 

[CMS–1785–CN2 and CMS–1788–CN2] 

RINs 0938–AV08 and 0938–AV17 

Medicare Program; Hospital Inpatient 

Prospective Payment Systems for 

Acute Care Hospitals and the LongTerm Care Hospital Prospective 

Payment System and Policy Changes 

and Fiscal Year 2024 Rates; Quality 

Programs and Medicare Promoting 

Interoperability Program Requirements 

for Eligible Hospitals and Critical 

Access Hospitals; Rural Emergency 

Hospital and Physician-Owned 

Hospital Requirements; and Provider 

and Supplier Disclosure of Ownership; 

and Medicare Disproportionate Share 

Hospital (DSH) Payments: Counting 

Certain Days Associated With Section 

1115 Demonstrations in the Medicaid 

Fraction; Correction 

AGENCY: Centers for Medicare & 

Medicaid Services (CMS), Department 

of Health and Human Services (HHS). 

ACTION: Final rule; correction. 

SUMMARY: This document corrects 

technical errors in the final rule that 

appeared in the August 28, 2023 

Federal Register titled ‘‘Medicare 

Program; Hospital Inpatient Prospective 

Payment Systems for Acute Care 

Hospitals and the Long-Term Care 

Hospital Prospective Payment System 

and Policy Changes and Fiscal Year 

2024 Rates; Quality Programs and 

Medicare Promoting Interoperability 

Program Requirements for Eligible 

Hospitals and Critical Access Hospitals; 

Rural Emergency Hospital and 

Physician-Owned Hospital 

Requirements; and Provider and 

Supplier Disclosure of Ownership; and 

Medicare Disproportionate Share 

Hospital (DSH) Payments: Counting 

Certain Days Associated with Section 

1115 Demonstrations in the Medicaid 

Fraction’’ (referred to hereafter as the 

‘‘FY 2024 IPPS/LTCH PPS final rule’’). 

DATES: 

Effective date: This correcting 

document is effective November 9, 

2023. 

Applicability date: This correcting 

document is applicable for discharges 

beginning October 1, 2023. 

FOR FURTHER INFORMATION CONTACT: 

Mady Hue, (410) 786–4510, and Andrea 

Hazeley, (410) 786–3543, MS–DRG 

Classifications. 

SUPPLEMENTARY INFORMATION: 

I. Background 

This correcting document identifies 

and corrects errors in FR Doc. 2023– 

16252 of August 28, 2023 (88 FR 58640). 

The corrections in this correcting 

document are applicable to discharges 

occurring on or after October 1, 2023, as 

if they had been included in the 

document that appeared in the August 

28, 2023 Federal Register. 

II. Summary of Errors 

On pages 58734 and 58735, we are 

correcting the omission of a comment 

and response with respect to the request 

for MS–DRG reassignment of cases 

reporting spinal fusion procedures 

utilizing an aprevoTM customized 

interbody fusion device. 

III. Waiver of Proposed Rulemaking 

and Delay in Effective Date 

Under 5 U.S.C. 553(b) of the 

Administrative Procedure Act (APA), 

the agency is required to publish a 

notice of the proposed rulemaking in 

the Federal Register before the 

provisions of a rule take effect. 

Similarly, section 1871(b)(1) of the 

Social Security Act (the Act) requires 

the Secretary to provide for notice of the 

proposed rulemaking in the Federal 

Register and provide a period of not less 

than 60 days for public comment. In 

addition, section 553(d) of the APA, and 

section 1871(e)(1)(B)(i) of the Act 

mandate a 30-day delay in effective date 

after issuance or publication of a rule. 

Sections 553(b)(B) and 553(d)(3) of the 

APA provide for exceptions from the 

notice and comment and delay in 

effective date APA requirements; in 

cases in which these exceptions apply, 


ddrumheller on DSK120RN23PROD with RULES1