Federal Register / Vol. 76, No. 114 / Tuesday, June 14, 2011 / Proposed Rules 34633 

In addition, this rule does not have 

Tribal implications as specified by 

Executive Order 13175 (65 FR 67249, 

November 9, 2000), because the SIP is 

not approved to apply in Indian country 

located in the state, and EPA notes that 

it will not impose substantial direct 

costs on Tribal governments or preempt 

Tribal law. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Reporting and recordkeeping 

requirements. 

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

Dated: June 1, 2011. 

H. Curtis Spalding, 

Regional Administrator, EPA New England. 

[FR Doc. 2011–14684 Filed 6–13–11; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Centers for Medicare & Medicaid 

Services 

42 CFR Parts 412, 413, and 476 

[CMS–1518–CN] 

RIN 0938–AQ24 

Medicare Program; Proposed Changes 

to the Hospital Inpatient Prospective 

Payment Systems for Acute Care 

Hospitals and the Long-Term Care 

Hospital Prospective Payment System 

and Fiscal Year 2012 Rates; 

Corrections 

AGENCY: Centers for Medicare & 

Medicaid Services (CMS), HHS. 

ACTION: Correction of proposed rule. 

SUMMARY: This document corrects 

technical and typographical errors in 

the proposed rule entitled ‘‘Medicare 

Program; Proposed Changes to the 

Hospital Inpatient Prospective Payment 

Systems for Acute Care Hospitals and 

the Long-Term Care Hospital 

Prospective Payment System and Fiscal 

Year 2012 Rates’’ which appeared in the 

May 5, 2011, Federal Register. 

FOR FURTHER INFORMATION CONTACT: Tzvi 

Hefter, (410) 786–4487. 

SUPPLEMENTARY INFORMATION: 

I. Background 

In FR Doc. 2011–9644 of May 5, 2011 

(76 FR 25788), there were a number of 

technical and typographical errors that 

are identified and corrected in the 

Correction of Errors section. 

II. Summary of Errors 

A. Errors in the Preamble 

On page 25796, in summarizing our 

proposed changes to the policies and 

payment rates for the long-term care 

hospital (LTCH) prospective payment 

system (PPS), we erroneously stated that 

we were proposing a FY 2012 LTCH 

PPS documentation and coding 

adjustment. Therefore, in section III. of 

this correction notice, we correct this. 

On page 25843, in our discussion of 

processing of 25 diagnosis codes and 25 

procedures codes, we erroneously 

included the term ‘‘not’’ in our 

statement regarding the completion of 

the expansion and our ability to process 

up to 25 diagnosis codes and 25 

procedures codes. Therefore, in section 

III. of this correction notice, we correct 

this error. 

On page 25898, we erroneously stated 

that collection for the structural 

measure we proposed for the FY 2014 

payment determination would begin in 

July 2012 with respect to the time 

period January 1, 2012 through June 30, 

2012, instead of collection to begin in 

April 2013 with respect to the time 

period January 1, 2012 through 

December 31, 2012. Therefore, in 

section III. of this correction notice, we 

correct these errors. 

On page 25919, in our discussion of 

the proposed data submission 

requirements for structural measures, 

we included a sentence that contains 

the proposed additional structural 

measure for FY 2014 as well as 

information regarding the proposed 

alignment of the submission deadline 

for all structural measures without clear 

delineation of when the proposed 

alignment begins. Therefore, we correct 

this error in section III. of this correction 

notice. 

On page 25923, we made several 

typographical errors regarding the fiscal 

year for which we are proposing to 

change the submission deadline to be 

used for the Data Accuracy and 

Completeness Acknowledgement. 

Therefore, in section III. of this 

correction notice, we correct these 

errors. 

On page 25985 and 25989, in our 

discussion of the LTCH quality 

measures, we noted that the National 

Quality Forum (NQF) endorsement 

number for the CMS quality measure, 

Percent of Residents With Pressure 

Ulcers That Are New or Worsened 

[Short Stay], was NH–012–10. We note 

that the NQF number NH–012–10 has 

been replaced by the current 

endorsement number, which is NQF– 

0678. Therefore, in section III. of this 

correction notice, we correct these 

errors. 

B. Errors in the Addendum 

On page 26043, we list Table 2— 

Acute Care Hospitals Case-Mix Indexes 

for Discharges Occurring in Federal 

Fiscal Year 2010; Proposed Hospital 

Wage Indexes for Federal Fiscal Year 

2012; Hospital Average Hourly Wages 

for Federal Fiscal Year 2010 (2006 Wage 

Data), 2011 (2007 Wage Data), and 2012 

(2008 Wage Data); and 3-Year Average 

of Hospital Average Hourly Wages as 

one of the tables that will be available 

only through the Internet. The version 

of Table 2 that was posted via the 

Internet on the CMS Web site at the time 

the proposed rule was filed for public 

inspection at the Office of the Federal 

Register inadvertently omitted the wage 

indices for multicampus providers. 

Therefore, we have corrected these 

errors and have posted a document with 

corrections to Table 2 on the CMS Web 

site at http://www.cms.hhs.gov/ 

AcuteInpatientPPS/01_overview.asp). 

III. Correction of Errors 

In FR Doc. 2011–9644 of May 5, 2011 

(76 FR 25788), make the following 

corrections: 

1. On page 25796, second column, 

sixth full paragraph, lines 8 through 11, 

the phrase ‘‘use under the LTCH PPS for 

FY 2012, the proposed documentation 

and coding adjustment under the LTCH 

PPS for FY 2012, and the proposed 

rebasing and’’ is corrected to read ‘‘use 

under the LTCH PPS for FY 2012 and 

the proposed rebasing and’’. 

2. On page 25843, third column, first 

full paragraph, line 33 the phrase ‘‘We 

have not completed’’ is corrected to read 

‘‘We have completed’’. 

3. On page 25898, first column, first 

paragraph, 

a. Line 2, the date ‘‘July 2012’’ is 

corrected to read ‘‘April 2013’’. 

b. Line 4, the date ‘‘June 30, 2012’’ is 

corrected to read ‘‘December 31, 2012’’. 

4. On page 25919, second column, 

first full paragraph, lines 4 through 12, 

the sentence ‘‘We are proposing to add 

one additional structural measure for 

the FY 2014 payment determination, 

Participation in a Systematic Clinical 

Database Registry for General Surgery, 

and to align the submission deadline for 

all structural measures with the 

submission deadline for the fourth 

quarter of the chart abstracted 

measures.’’ is corrected to read as 

follows ‘‘We are proposing to add one 

additional structural measure for the FY 

2014 payment determination, 

Participation in a Systematic Clinical 

Database Registry for General Surgery. 

Beginning with FY 2013, we propose to 


jdjones on DSK8KYBLC1PROD with PROPOSALS-1
34634 Federal Register / Vol. 76, No. 114 / Tuesday, June 14, 2011 / Proposed Rules 

align the submission deadline for all 

structural measures with the submission 

deadline for the fourth quarter of the 

chart abstracted measures.’’. 

5. On page 25923, second column, last 

paragraph, 

a. Line 7, the phrase ‘‘FY 2012’’ is 

corrected to read ‘‘FY 2013’’. 

b. Line 15, the phrase ‘‘FY 2012’’ is 

corrected to read ‘‘FY 2013’’. 

6. On page 25985, 

a. Second column, second full 

paragraph, line 6, the reference number 

‘‘NQF NH–012–10’’ is corrected to read 

‘‘NQF 0678’’. 

b. Third column, first full paragraph, 

line 7, the reference number ‘‘NQF NH– 

012–10’’ is corrected to read ‘‘NQF 

0678’’. 

7. On page 25989, lower two-thirds of 

the page, third column, first partial 

paragraph, line 3, the reference number 

‘‘NQF NH–012–10’’ is corrected to read 

‘‘NQF 0678’’. 

(Catalog of Federal Domestic Assistance 

Program No. 93.773, Medicare—Hospital 

Insurance; and Program No. 93.774, 

Medicare—Supplementary Medical 

Insurance Program) 

Dated: June 8, 2011. 

Dawn L. Smalls, 

Executive Secretary to the Department. 

[FR Doc. 2011–14679 Filed 6–9–11; 4:15 pm] 

BILLING CODE 4120–01–P 

DEPARTMENT OF DEFENSE 

GENERAL SERVICES 

ADMINISTRATION 

NATIONAL AERONAUTICS AND 

SPACE ADMINISTRATION 

48 CFR Parts 8, 9, and 52 

[FAR Case 2009–024; Docket 2011–0086; 

Sequence 1] 

RIN 9000–AM07 

Federal Acquisition Regulation; 

Prioritizing Sources of Supplies and 

Services for Use by the Government 

AGENCIES: Department of Defense (DoD), 

General Services Administration (GSA), 

and National Aeronautics and Space 

Administration (NASA). 

ACTION: Proposed rule. 

SUMMARY: DoD, GSA, and NASA are 

proposing to amend the Federal 

Acquisition Regulation (FAR) to limit 

the section of the FAR addressing the 

priorities for use of Government supply 

sources to a discussion of the mandatory 

Government sources of supplies and 

services. Also, a new section is added to 

encourage agencies to give priority 

consideration to using certain sources, 

despite the fact that the use of the listed 

sources is not mandatory. 

DATES: Interested parties should submit 

written comments to the Regulatory 

Secretariat at one of the addressees 

shown below on or before August 15, 

2011 to be considered in the formation 

of the final rule. 

ADDRESSES: Submit comments in 

response to FAR Case 2009–024 by any 

of the following methods: 

• Regulations.gov: http:// 

www.regulations.gov. Submit comments 

via the Federal eRulemaking portal by 

inputting ‘‘FAR Case 2009–024’’ under 

the heading ‘‘Enter Keyword or ID’’ and 

selecting ‘‘Search.’’ Select the link 

‘‘Submit a Comment’’ that corresponds 

with ‘‘FAR Case 2009–024.’’ Follow the 

instructions provided at the ‘‘Submit a 

Comment’’ screen. Please include your 

name, company name (if any), and 

‘‘FAR Case 2009–024’’ on your attached 

document. 

• Fax: (202) 501–4067. 

• Mail: General Services 

Administration, Regulatory Secretariat 

(MVCB), Attn: Hada Flowers, 1275 First 

Street, NE., 7th Floor, Washington, DC 

20417. 

Instructions: Please submit comments 

only and cite FAR Case 2009–024, in all 

correspondence related to this case. All 

comments received will be posted 

without change to http:// 

www.regulations.gov, including any 

personal and/or business confidential 

information provided. 

FOR FURTHER INFORMATION CONTACT: 

Mr. William Clark, Procurement 

Analyst, at (202) 219–1813 for 

clarification of content. For information 

pertaining to status or publication 

schedules, contact the Regulatory 

Secretariat at (202) 501–4755. Please 

cite FAR Case 2009–024. 

SUPPLEMENTARY INFORMATION: 

I. Background 

DoD, GSA, and NASA are proposing 

to amend the FAR part 8. FAR part 8 

requires Federal agencies to satisfy their 

requirements for supplies and services 

from or through a list of sources in order 

of priority. This proposed rule would 

amend FAR part 8 by revising FAR 

8.000, 8.002, 8.003, and 8.004, 

eliminating outdated categories, and 

distinguishing between Government 

sources (e.g., Federal Supply Schedules 

(FSS)) and private-sector sources. 

The impetus for this proposed rule is 

the Government Accountability Office 

(GAO) decision in the protest of MurrayBenjamin Electric Company, B–298481, 

2006 CPD 129, September 7, 2006 at 

(http://www.gao.gov/decisions/bidpro/ 

298481.pdf). As a result of this GAO 

decision, clarification was needed, in 

FAR part 8, on the use and 

consideration of FSS contracts before 

commercial sources in the open market. 

The proposed rule amends FAR 8.002 

as follows: The title is revised, as 

appropriate, to indicate the section 

establishes the priorities for mandatory 

Government sources. The term 

‘‘Mandatory Federal Supply Schedules’’ 

is removed. ‘‘Optional Use Federal 

Supply Schedules’’ is re-named 

‘‘Federal Supply Schedules’’ and is 

proposed to be moved to a new section 

(FAR 8.004) as a non-mandatory source. 

Commercial sources, currently listed 

under FAR 8.002(a), and Federal Prison 

Industries, Inc., listed as a source for 

services at FAR 8.002(a)(2), would also 

be moved to the new section as nonmandatory sources because neither one 

is a ‘‘mandatory Government source.’’ 

Additionally, the title at FAR 8.003 is 

amended to indicate that the list is of 

mandatory sources, but recognize that 

they are not all Government sources. 

Also, the word ‘‘supplies’’ would be 

deleted from the title because these 

sources also provide services. 

A new section, FAR 8.004, Use of 

other sources, is proposed to be added 

to list non-mandatory sources that 

agencies are encouraged to consider 

after first considering the mandatory 

sources listed at FAR 8.002 and 8.003. 

This section highlights existing 

contracts intended for use by multiple 

agencies (e.g., Federal Supply 

Schedules, Governmentwide acquisition 

contracts (GWACs), and multi-agency 

contracts (MACs)) and ordering 

instruments intended for use by 

multiple agencies, such as blanket 

purchase agreements (BPAs) under 

Federal Supply Schedule contracts (e.g., 

Federal Strategic Sourcing Initiative 

(FSSI) agreements). The existing 

contracts and instruments are not listed 

in any order of priority, and separate 

paragraphs distinguish supplies from 

services. When obtaining services, 

agencies are encouraged to consider the 

same sources listed for supplies under 

FAR 8.004, with the addition of Federal 

Prison Industries, Inc. as another nonmandatory source for services pursuant 

to FAR subpart 8.6. Agencies would be 

encouraged to consider these sources 

before satisfying requirements for 

supplies and services from commercial 

sources in the open market. The 

proposed FAR 8.004 would also provide 

a cross-reference to FAR 5.601, where 

the Web site for the Governmentwide 

database of contracts and other 

procurement instruments intended for 

use by multiple agencies via the Internet 


jdjones on DSK8KYBLC1PROD with PROPOSALS-1