Federal Register / Vol. 75, No. 177 / Tuesday, September 14, 2010 / Notices 55801 

expressed in all normal tissues tested, 

but it has either no or low expression in 

a high percentage of several types of 

human cancer, such as liver, breast, 

lung, and prostate cancers. Through in 

vitro and in vivo tumor suppression 

experiments, the inventors further 

demonstrated that DLC–1 acts as a new 

tumor suppressor gene for different 

types of human cancer. 

Applications: 

• Method to diagnose HCC. 

• Method to treat HCC patients with 

DLC–1 compositions. 

• Transgenic model to study HCC and 

other types of human cancer. 

• DLC–1 compositions. 

Market: 

• Primary liver cancer accounts for 

about 2% of cancers in the U.S., but up 

to half of all cancers in some 

undeveloped countries. 

• 251,000 new cases are reported 

annually. 

• Post-operative five year survival 

rate of HCC patients is 30–40%. 

Development Status: The technology 

is currently in the pre-clinical stage of 

development. 

Inventors: Bao-Zhu Yuan, Snorri S. 

Thorgeirsson, Nicholas Popescu (NCI). 

Publications: 

1. BZ Yuan et al. DLC–1 operates as 

a tumor suppressor gene in human nonsmall cell lung carcinomas. Oncogene. 

2004 Feb 19;23(7):1405–1411. [PubMed: 

14661059]. 

2. BZ Yuan et al. DLC–1 gene inhibits 

human breast cancer cell growth and in 

vitro tumorigenicity. Oncogene. 2003 

Jan 23;22(3):445–450. [PubMed: 

12545165]. 

3. BZ Yuan et al. Promoter 

hypermethylation of DLC–1, a candidate 

tumor suppressor gene, in several 

common human cancers. Cancer Genet 

Cytogenet. 2003 Jan 15;140(2):113–117. 

[PubMed: 12645648]. 

4. BZ Yuan et al. Cloning, 

characterization, and chromosomal 

localization of a gene frequently deleted 

in human liver cancer (DLC–1) 

homologous to rat RhoGAP. Cancer Res. 

1998 May 15;58(10):2196–2199. 

[PubMed: 9605766]. 

Patent Status: 

• U.S. Patent No. 6,897,018 issued 24 

May 2005 (HHS Reference No. E–042– 

1998/0–US–03). 

• U.S. Patent No. 7,534,565 issued 19 

May 2009 (HHS Reference No. E–042– 

1998/0–US–05). 

Licensing Status: Available for 

licensing. 

Licensing Contact: Jennifer Wong; 

301–435–4633; wongje@mail.nih.gov. 

Collaborative Research Opportunity: 

The National Cancer Institute, 

Laboratory of Experimental 

Carcinogenesis, is seeking statements of 

capability or interest from parties 

interested in collaborative research to 

further develop, evaluate, or 

commercialize diagnostics based on 

tumor suppressor genes. Please contact 

John D. Hewes, PhD, at 301–435–3121 

or hewesj@mail.nih.gov for more 

information. 

Dated: September 7, 2010. 

Richard U. Rodriguez, 

Director, Division of Technology Development 

and Transfer, Office of Technology Transfer, 

National Institutes of Health. 

[FR Doc. 2010–22834 Filed 9–13–10; 8:45 am] 

BILLING CODE 4140–01–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Centers for Medicare & Medicaid 

Services 

[CMS–1338–CN] 

RIN 0938–AP87 

Medicare Program; Prospective 

Payment System and Consolidated 

Billing for Skilled Nursing Facilities for 

FY 2011; Correction 

AGENCY: Centers for Medicare & 

Medicaid Services (CMS), HHS. 

ACTION: Correction notice. 

SUMMARY: This document corrects 

technical errors that appeared in the 

notice with comment period published 

in the Federal Register on July 22, 2010 

entitled, ‘‘Medicare Program; 

Prospective Payment System and 

Consolidated Billing for Skilled Nursing 

Facilities for FY 2011.’’ 

DATES: Effective Date: This correction is 

effective October 1, 2010. 

FOR FURTHER INFORMATION CONTACT: Bill 

Ullman, (410) 786–5667. 

SUPPLEMENTARY INFORMATION: 

I. Background 

In FR Doc. 2010–17628 of July 22, 

2010 (75 FR 42886), there were several 

technical errors that are identified and 

corrected in the ‘‘Correction of Errors’’ 

section below. The corrections 

described below are effective as if they 

had been included in the document 

published on July 22, 2010. 

Accordingly, the corrections are 

effective October 1, 2010. 

II. Summary of Errors 

We are correcting the titles and wage 

index columns (along with the resulting 

values) of Tables 8A and 8B, which 

appeared on page 42911 of the July 22, 

2010 notice with comment period. 

These two tables illustrate the skilled 

nursing facility (SNF) prospective 

payment system (PPS) payment rate 

computations for a hypothetical ‘‘XYZ’’ 

SNF located in Cedar Rapids, IA (Urban 

CBSA 16300) under the RUG–IV and 

Hybrid RUG–III (HR–III) systems, 

respectively. In the title of the tables as 

well as in the third column (‘‘Wage 

Index’’), the wage index value for Cedar 

Rapids, IA is incorrectly displayed as 

0.8858. Accordingly, in section III of 

this document (‘‘Correction of Errors’’), 

we are revising the entries in Tables 8A 

and 8B to reflect the correct wage index 

value of 0.8844. We are similarly 

revising the immediately preceding 

portion of the preamble text, which 

references the total PPS payment 

amounts displayed in these two tables. 

However, we note that the 

corresponding entry for CBSA 16300, as 

it appears in an addendum to the July 

22, 2010 notice with comment period 

(Table A, ‘‘FY 2011 Wage Index for 

Urban Areas Based on CBSA Labor 

Market Areas’’), already reflects the 

correct wage index value of 0.8844 (75 

FR 42923). We are also revising the 

footnote that appears in Tables 8A and 

8B to clarify that in these examples, all 

10 of the Medicare days listed under the 

‘‘CC2’’ RUG group would involve a 

resident with AIDS and, thus, would 

qualify for the special 128 percent 

adjustment under section 511 of the 

Medicare Prescription Drug, 

Improvement, and Modernization Act of 

2003 (MMA) (Pub. L. 108–173, enacted 

on December 8, 2003). 

III. Correction of Errors 

In FR Doc. 2010–17628 (75 FR 42886), 

make the following corrections: 

1. On page 42910, third column, in 

line five from the bottom of the page, 

the phrase ‘‘$41,979 for RUG–IV and 

$36,517 for HR–III, respectively’’ is 

revised to read ‘‘$41,935 for RUG–IV and 

$36,479 for HR–III, respectively’’. 

2. On page 42911, Tables 8A and 8B 

are revised to read as follows: 

3. On page 42911, underneath Table 

8A and Table 8B, we removed the 

asterisk statement ‘‘*Reflects a 128 

percent adjustment from section 511 of 

the MMA’’ and replaced it with 

‘‘*Reflects a 128 percent adjustment 

from section 511 of the MMA. All CC2 

days should be considered to be for a 

resident with AIDS.’’ 


jlentini on DSKJ8SOYB1PROD with NOTICES
55802 Federal Register / Vol. 75, No. 177 / Tuesday, September 14, 2010 / Notices 

IV. Waiver of Proposed Rulemaking 

and Delayed 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)). We also 

ordinarily provide a 30-day delay in the 

effective date of the provisions of a 

notice in accordance with section 553(d) 

of the APA (5 U.S.C. 553(d)). However, 

we can waive both the notice and 

comment procedure and the 30-day 

delay in effective date if the Secretary 

finds, for good cause, that a notice and 

comment process is impracticable, 

unnecessary, or contrary to the public 

interest, and incorporates a statement of 

the finding and the reasons for it in the 

notice. 

We find for good cause that it is 

unnecessary to undertake notice and 

comment rulemaking because this 

notice merely provides technical 

corrections to the FY 2011 SNF PPS 

notice with comment period. We are not 

making substantive changes to our 

payment methodologies or policies, but 

rather, are simply implementing 

correctly the payment methodologies 

and policies that we previously 

proposed, received comment on, and 

subsequently finalized. This correction 

notice is intended solely to ensure that 

the FY 2011 SNF PPS notice with 

comment period accurately reflects 

these payment methodologies and 

policies. Therefore, we believe that 

undertaking further notice and comment 

rulemaking activity in connection with 

it would be unnecessary and contrary to 

the public interest. 

Further, we believe a delayed 

effective date is unnecessary because 

this correction notice merely corrects 

inadvertent technical errors. The 

changes noted above do not make any 

substantive changes to the SNF PPS 

payment methodologies or policies. 

Moreover, we regard imposing a delay 

in the effective date as being contrary to 

the public interest. We believe that it is 

in the public interest for providers to 

receive appropriate SNF PPS payments 

in as timely a manner as possible and 

to ensure that the FY 2011 SNF PPS 

notice with comment period accurately 

reflects our payment methodologies, 

payment rates, and policies. Therefore, 

we find good cause to waive notice and 

comment procedures, as well as the 30- 

day delay in effective date. 

(Catalog of Federal Domestic Assistance 

Program No. 93.773, Medicare—Hospital 

Insurance; and Program No. 93.774, 

Medicare—Supplementary Medical 

Insurance Program) 

Dated: September 9, 2010. 

Dawn L. Smalls, 

Executive Secretary to the Department. 

[FR Doc. 2010–22902 Filed 9–10–10; 11:15 am] 

BILLING CODE 4120–01–P 


jlentini on DSKJ8SOYB1PROD with NOTICESEN14SE10.019</GPH>