60640 Federal Register / Vol. 75, No. 190 / Friday, October 1, 2010 / Rules and Regulations 

TABLE 1—WASTE EXCLUDED FROM NON-SPECIFIC SOURCES—Continued 

Facility Address Waste description 

(C) Failure to provide this notification will result in a violation of the delisting variance and a possible revocation of the decision. 

* * * * * * * 

TABLE 2—WASTE EXCLUDED FROM SPECIFIC SOURCES

Facility Address Waste description 

*******

ExxonMobil Refining and Supply Company—Beaumont Refinery ..... Beaumont, TX .. Centrifuge Solids (EPA Hazardous Waste Numbers 

F037, F038, K048, K049, K051, K052, K169, and 

K170.) generated at a maximum rate of 8,300 cubic 

yards after November 30, 2010 and disposed of in a 

Subtitle D Landfill. 

Beaumont Refinery must implement the requirements 

in Table 1. Wastes Excluded from Non-Specific 

Sources for the petition to be valid. 

* * * * * * * 

* * * * * 

[FR Doc. 2010–24571 Filed 9–30–10; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Centers for Medicare & Medicaid 

Services 

42 CFR Parts 412, 413, 415, 424, 440, 

441, 482, 485, and 489 

[CMS–1498–F, and CMS–1498–IFC; CMS– 

1406–F] 

RIN 0938–AP80; RIN 0938–AP33 

Medicare Program; Hospital Inpatient 

Prospective Payment Systems for 

Acute Care Hospitals and the LongTerm Care Hospital Prospective 

Payment System Changes and FY 2011 

Rates; Provider Agreements and 

Supplier Approvals; and Hospital 

Conditions of Participation for 

Rehabilitation and Respiratory Care 

Services; Medicaid Program: 

Accreditation for Providers of Inpatient 

Psychiatric Services; 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 and typographical errors in 

the final rules and interim final rule 

with comment period entitled 

‘‘Medicare Program; Hospital Inpatient 

Prospective Payment Systems for Acute 

Care Hospitals and the Long-Term Care 

Hospital Prospective Payment System 

Changes and FY 2011 Rates; Provider 

Agreements and Supplier Approvals; 

and Hospital Conditions of Participation 

for Rehabilitation and Respiratory Care 

Services; Medicaid Program: 

Accreditation for Providers of Inpatient 

Psychiatric Services’’ that appeared in 

the August 16, 2010 Federal Register. 

DATES: Effective Date: This correction 

notice is effective October 1, 2010. 

FOR FURTHER INFORMATION CONTACT: Tzvi 

Hefter, (410) 786–4487. 

SUPPLEMENTARY INFORMATION: 

I. Background 

In FR Doc. 2010–19092 of August 16, 

2010 (75 FR 50042), 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 entitled ‘‘Medicare 

Program; Hospital Inpatient Prospective 

Payment Systems for Acute Care 

Hospitals and the Long-Term Care 

Hospital Prospective Payment System 

Changes and FY 2011 Rates; Provider 

Agreements and Supplier Approvals; 

and Hospital Conditions of Participation 

for Rehabilitation and Respiratory Care 

Services; Medicaid Program: 

Accreditation for Providers of Inpatient 

Psychiatric Services’’ (hereinafter 

referred to as the fiscal year (FY) 2011 

IPPS/LTCH PPS final rule) that 

appeared in August 16, 2010 Federal 

Register. Accordingly, the corrections 

are effective October 1, 2010. 

II. Summary of Errors 

The following is a summary of the 

errors identified in the FY 2011 IPPS/ 

LTCH PPS final rule and corrected in 

section III. of this notice: 

A. Summary of Errors in the Preamble 

On page 50099, we are correcting 

errors in the present on admission 

(POA) indicator ‘‘Y’’ percentage for two 

previously considered hospital acquired 

conditions (HACs) that are listed in 

Chart H ‘‘POA Status of Previously 

Considered ‘Candidate’ HAC 

Conditions—October 2008 Through 

September 2009.’’ 

On page 50161, we are correcting a 

website reference error in the first 

footnote to the table regarding the 

Frontier States identified for the FY 

2011 wage index floor adjustment. 

On page 50224, in our discussion of 

the data submission and reporting 

requirements for the Reporting Hospital 

Quality Data for Annual Payment 

Update (RHQDAPU) program, we 

inadvertently indicated that the Central 

Line Associated Blood Stream Infection 

(CLABSI) measure would be part of the 

measure set for the FY 2012 payment 

determination rather than the FY 2013 

payment determination. We had 

previously, on page 50202, finalized the 

CLABSI measure for the FY 2013 

payment determination and the 

information on page 50224 should have 

reflected this policy. 

B. Summary of Errors in the Addendum 

On page 50432, in the table 

‘‘Comparison of FY 2010 Standardized 

Amounts to the FY 2011 Standardized 

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Federal Register / Vol. 75, No. 190 / Friday, October 1, 2010 / Rules and Regulations 60641 

Amount with Full and Reduced Update’’ 

we inadvertently indicated the incorrect 

figures in the column headings. 

On page 50433, in our discussion of 

the Federal rate, we inadvertently 

indicated an incorrect amount for the 

low-volume payment adjustment. 

On pages 50451 through 50547 in 

Table 2, we are correcting the provider 

and wage index data to reflect 

corrections to Tables 4C, 4J, and 9A. 

On pages 50516 through 50520, Table 

4C, we inadvertently made technical 

errors in several hospitals’ geographic 

reclassifications that were used in 

calculating the wage index that was 

published in the FY 2011 IPPS/LTCH 

PPS final rule. As a result of 

reclassification corrections in Table 9A, 

the wage index for CBSA 22180 

increased from 0.9193 to 0.9254. The 

wage indices for CBSA 26580 (KY, OH, 

WV) decreased from 0.8726 to 0.8672. 

The addition of provider 360096 to 

Table 9A also results in a wage index for 

Ohio hospitals reclassifying to CBSA 

49660 of 0.8558. 

On pages 50540 through 50547 in 

Table 4J, we inadvertently omitted 

providers located in Tarrant County, TX 

that are eligible to receive the outmigration adjustment. As a result of the 

reclassification correction to provider 

360096, we are correcting Table 4J to 

indicate that the provider will be 

reclassified for FY 2011. 

On pages 50593 through 50604, in 

Table 9A.—Hospital Reclassifications 

and Redesignations—FY 2011, we are 

correcting an error in the reclassification 

of provider 340008; the provider was 

reclassified to CBSA 22180 rather than 

CBSA 26580. Also, we have added 

provider to 360096 to Table 9A. 

III. Correction of Errors 

In FR Doc. 2010–19092 of August 16, 

2010, make the following corrections: 

A. Corrections to the Preamble 

1. On page 50099, in the chart, ‘‘Chart 

H.—POA Status of Previously 

Considered ‘Candidate’ HAC 

Conditions—October 2008 Through 

September 2009,’’ column 8 (Present on 

Admission, POA = Y, Percent) is 

corrected for the listed entries as 

follows: 

Previously considered HAC condition 

Present on admission 

POA = Y 

Number Percent 

4. Staphylococcus aureus Septicemia ............................................................................................................................ 17,330 77.3 

5. Methicillin-Resistant Staphylococcus aureus .............................................................................................................. 68,089 96.4 

2. On page 50161, middle of the page, 

in the table entitled ‘‘Frontier States 

Indentified for the FY 2011 Wage Index 

Floor Adjustment Under Section 

10324(a) of the Affordable Care Act,’’ in 

the first footnote, the Web site link 

‘‘http://www.census.gov/popest/ 

estimates.html (2009 County Total 

Population Estimates)’’ is corrected to 

read ‘‘http://www.census.gov/popest/ 

counties/counties.html (County 

population, population change.)’’ 

3. On page 50224, 

a. Top quarter of the page, third 

column, first partial paragraph, line 4, 

the fiscal year ‘‘2012’’ is corrected to 

read ‘‘2013’’. 

b. Top third of the page, in the table 

‘‘Submission Timeframes for CLABSI 

Measure for the FY 2012 Payment 

Determination,’’ 

(1) The table heading, ‘‘Submission 

Timeframes for CLABSI Measure for the 

FY 2012 Payment Determination,’’ is 

corrected to read ‘‘Submission 

Timeframes for CLABSI Measure for the 

FY 2013 Payment Determination’’. 

(2) Column 3, the column heading, 

‘‘Final Submission Deadline for 

RHQDAPU FY 2012 Payment 

Determination’’ is corrected to read 

‘‘Final Submission Deadline for 

RHQDAPU FY 2013 Payment 

Determination’’. 

B. Corrections to the Addendum 

1. On page 50432, in the table 

‘‘Comparison of FY 2010 Standardized 

Amounts to the FY 2011 Standardized 

Amount with Full and Reduced 

Update,’’ the column headings, 

a. Columns 2 and 3, the figure ‘‘2.4’’ 

is corrected to read ‘‘2.35’’. 

b. Columns 4 and 5, the figure ‘‘0.4’’ 

is corrected to read ‘‘0.35’’. 

2. On page 50433, second column, 

seventh paragraph, line 8, the phrase 

‘‘25 percent.’’ is corrected to read ‘‘the 

applicable percentage increase specified 

in § 412.101(c).’’ 

3. On pages 50451 through 50504, in 

Table 2 ‘‘Hospital Case-Mix Indexes for 

Discharges occurring in Federal Fiscal 

Year 2009; Hospital Wage Indexes for 

Federal Fiscal Year 2011; Hospital 

Average Hourly Wages for Federal 

Fiscal Years 2009 (2005 Wage Data), 

2010 (2006 Wage Data), and 2011 (2007 

Wage Data); and 3-Year Average Hourly 

Wages’’ column 2 (FY 2011 Wage Index) 

is corrected for the following provider 

numbers: 

Provider No. FY 2011 Wage index 

180044 ...................... 0.8672 

180069 ...................... 0.8672 

180078 ...................... 0.8672 

340008 ...................... 0.9254 

340050 ...................... 0.9254 

360008 ...................... 0.8672 

360054 ...................... 0.8672 

360096 ...................... 0.8558 

510077 ...................... 0.8672 

670023 ...................... 0.9438 

670042 ...................... 0.9438 

670046 ...................... 0.9438 

4. On pages 50516 through 50520, in 

Table 4C ‘‘Wage Index and Capital 

Geographic Adjustment Factor (GAF) for 

Acute Care Hospitals that are 

Reclassified By CBSA and By State—FY 

2011’’ is correcting the wage index and 

GAF for hospitals reclassifying to the 

following CBSA: 

CBSA CBSA Name State Wage index GAF 

22180 ................... Fayetteville, NC ............................................................................................ NC ....................... 0.9254 0.9483 

26580 ................... Huntington-Ashland, WV–KY–OH ............................................................... KY ....................... 0.8672 0.9070 

26580 ................... Huntington-Ashland, WV–KY–OH ............................................................... OH ....................... 0.8672 0.9070 

26580 ................... Huntington-Ashland, WV–KY–OH ............................................................... WV ...................... 0.8672 0.9070 

49660 ................... Youngstown-Warren-Boardman, OH–PA .................................................... OH ....................... 0.8558 0.8989 

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60642 Federal Register / Vol. 75, No. 190 / Friday, October 1, 2010 / Rules and Regulations 

5. On pages 50540 through 50547, in 

Table 4J ‘‘Out Migration Adjustment for 

Acute Care Hospitals-FY 2011’’ the table 

is corrected by adding the following 

entries: 

Provider No. Reclassified 

for FY 2011 

Out-migration adjustment Qualifying 

county name 

County 

code 

360096 ............................................................................................................. * 0.0011 COLUMBIANA 36140 

670023 ............................................................................................................. 0.0054 TARRANT 45910 

670042 ............................................................................................................. 0.0054 TARRANT 45910 

670046 ............................................................................................................. 0.0054 TARRANT 45910 

6. On pages 50593 and 50604, in 

Table 9A.—Hospital Reclassifications 

and Redesignations—FY 2011 the table 

is corrected by— 

a. Changing the reclassified CBSA for 

the following entry: 

Provider No. Geographic 

CBSA 

Reclassified 

CBSA LUGAR 

340008 ............................................................................................................................................. 34 22180 

b. Adding following entry: 

Provider No. Geographic 

CBSA 

Reclassified 

CBSA LUGAR 

360096 ............................................................................................................................................. 36 49660 LUGAR 

IV. 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. 

In our view, this notice does not 

constitute a rulemaking that would be 

subject to the APA notice and comment 

or delayed effective date requirements. 

This notice merely corrects 

typographical and technical errors in 

the preamble and addendum of the FY 

2011 IPPS/LTCH PPS final rule and 

does not make substantive changes to 

the policies or payment methodologies 

that were adopted in the final rule. As 

a result, this notice is intended to 

ensure that the FY 2011 IPPS/LTCH PPS 

final rule accurately reflects the policies 

adopted in that rule. 

In addition, even if this were a 

rulemaking to which the notice and 

comment 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 

notice into the final rule or delaying the 

effective date would delay these 

corrections beyond the October 1 start of 

the fiscal year, and would be contrary to 

the public interest. 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. 

Therefore, we believe we have good 

cause to waive the notice and comment 

and effective date requirements. 

(Catalog of Federal Domestic Assistance 

Program No. 93.773, Medicare—Hospital 

Insurance; and Program No. 93.774, 

Medicare—Supplementary Medical 

Insurance Program) 

Dated: September 28, 2010. 

Dawn L. Smalls, 

Executive Secretary to the Department. 

[FR Doc. 2010–24712 Filed 9–30–10; 8:45 am] 

BILLING CODE 4120–01–P 

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