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 

mstockstill on DSK4VPTVN1PROD with RULES

Federal Register / Vol. 79, No. 7 / Friday, January 10, 2014 / Rules and Regulations 1743 

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 therefor 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 rule that would be 

subject to the APA notice and comment 

or delayed effective date requirements. 

This correcting document simply adds 

the applicability date that was 

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 correcting 

document were a rule 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 

correction in this document into the 

January 2, 2014 correcting document 

(which corrected the FY 2014 SNF PPS 

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 SNF 

PPS payments in as timely a manner as 

possible. Furthermore, such procedures 

would be unnecessary, as we are not 

altering our payment methodologies or 

policies, but rather, are simply adding 

the applicability date that was 

inadvertently omitted. Therefore, we 

find good cause to waive notice and 

comment procedures, as well as the 30- 

day delay in effective date. 

IV. Correction of Errors 

In FR Doc. 2013–31435 of January 2, 

2014 (79 FR 63), make the following 

corrections: 

1. On page 63, in the DATES section, 

the caption and sentence, ‘‘DATES: 

Effective Date: This correction is 

effective 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 to skilled 

nursing facility services furnished on or 

after 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 6, 2014. 

Jennifer Cannistra, 

Executive Secretary to the Department, 

Department of Health and Human Services. 

[FR Doc. 2014–00277 Filed 1–8–14; 4:15 pm] 

BILLING CODE 4120–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Railroad Administration 

49 CFR Part 214 

[Docket No. FRA–2008–0059, Notice No. 8] 

RIN 2130–AC37 

Railroad Workplace Safety; AdjacentTrack On-Track Safety for Roadway 

Workers 

AGENCY: Federal Railroad 

Administration (FRA), Department of 

Transportation (DOT). 

ACTION: Final rule; response to petitions 

for reconsideration. 

SUMMARY: This final rule responds to 

two petitions for reconsideration of 

FRA’s final rule published November 

30, 2011, which would have amended 

the existing regulations governing the 

on-track safety protections of roadway 

workers from the movement of trains or 

other on-track equipment on an adjacent 

controlled track, but which has not 

taken effect. In response to the petitions 

for reconsideration, FRA delayed the 

effective date of the November 30, 2011, 

final rule until July 1, 2013 

(subsequently delayed until July 1, 

2014), and requested comments on the 

petitions. This document further 

responds to the petitions, addresses the 

comments on the petitions, and amends 

and clarifies certain sections of the 

November 30, 2011, final rule. 

DATES: The amendments in this final 

rule are effective on July 1, 2014. 

FOR FURTHER INFORMATION CONTACT: 

Kenneth Rusk, Staff Director, Track 

Division, Office of Safety Assurance and 

Compliance, FRA, 1200 New Jersey 

Avenue SE., RRS–15, Mail Stop 25, 

Washington, DC 20590 (202) 493–6236; 

or Joseph E. Riley, Track Specialist, 

Track Division, Office of Safety 

Assurance and Compliance, FRA, 1200 

New Jersey Avenue SE., RRS–15, Mail 

Stop 25, Washington, DC 20590 (202) 

493–6357; or Joseph St. Peter, Trial 

Attorney, Office of Chief Counsel, FRA, 

1200 New Jersey Avenue SE., RRS–10, 

Mail Stop 10, Washington, DC 20590 

(202) 493–6052. 

SUPPLEMENTARY INFORMATION: 

I. Executive Summary 

On November 30, 2011, FRA 

published a final rule (Final Rule) 

governing the on-track safety 

protections of roadway workers from 

train movements on adjacent controlled 

tracks. 76 FR 74586. The Final Rule 

requires that railroads adopt specified 

on-track safety procedures to protect 

certain roadway work groups from the 

movement of trains or other on-track 

equipment on an adjacent controlled 

track. These on-track safety procedures 

are required for each adjacent controlled 

track when a roadway work group with 

at least one of the roadway workers on 

the ground is engaged in a common task 

with on-track, self-propelled equipment 

or coupled equipment on an occupied 

track. An adjacent controlled track is a 

controlled track whose track center is 

spaced 19 feet or less from the track 

center of an occupied track. 

After publication of the Final Rule, 

FRA received two petitions for 

reconsideration (Petitions) of certain of 

the Final Rule’s requirements. The 

requests made in the Petitions are 

described in detail below. In response to 

the Petitions, FRA is modifying the 

Final Rule (Final Rule Amendments; 

Amendments) to do the following: (1) 

Expand the definition of ‘‘minor 

correction’’ to include welding and 

certain uses of any handheld power 

tools; (2) increase the maximum 

authorized speed at which passenger 

trains may move on an adjacent 

controlled track to 40 mph while 

roadway workers continue their onground work on the occupied track; (3) 

delete the requirement that a noncontrolled track whose track center is 

spaced 19 feet or less from the occupied 

track be treated as an adjacent 

controlled track; (4) exempt rail-bound 

vehicles (on-track vehicles not equipped 

with highway wheels) used for 

conducting inspections or performing 

minor correction work (including 

welding) while applying the same 

limitations that apply to hi-rail vehicles; 

(5) and expand the exception pertaining 

to repairs performed alongside the 

roadway work machine or equipment to 

include work within the perimeter of 

the machine or equipment. FRA 

previously delayed the effective date of 

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