Federal Register / Vol. 79, No. 1 / Thursday, January 2, 2014 / Rules and Regulations 61 

EPA APPROVED NONREGULATORY PROVISIONS AND QUASI-REGULATORY MEASURES IN THE TEXAS SIP 

Name of SIP provision Applicable geographic 

or non-attainment area 

State 

approval/ 

submittal 

date 

EPA approval date Comments 

*******

Houston-Galveston-Brazoria 1997 8-hour Ozone 

NAAQS Attainment Demonstration SIP and its 

MECT and HECT air pollution control program 

revisions, VMEP measures and TCMs, 2018 

MVEB, RACM demonstration, and Failure to 

attain contingency measure plan.

Houston-GalvestonBrazoria, TX.4/6/2010 

5/6/2013 

1/2/2014 [Insert FR page number 

where document begins].

[FR Doc. 2013–31247 Filed 12–31–13; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 300 

[EPA–HQ–SFUND–1990–0010; FRL 9903– 

67–Region 9] 

National Oil and Hazardous 

Substances Pollution Contingency 

Plan; National Priorities List: Partial 

Deletion of the El Toro Marine Corps 

Air Station Superfund Site; Correction 

AGENCY: Environmental Protection 

Agency. 

ACTION: Final rule; correction. 

SUMMARY: The Environmental Protection 

Agency published in the Federal 

Register on November 19, 2013, a 

document concerning the National Oil 

and Hazardous Substances Pollution 

Contingency Plan; National Priorities 

List: Partial Deletion of the El Toro 

Marine Corps Air Station Superfund 

Site. Inadvertently, that publication 

included the incorrect docket number 

for this Site. This document corrects 

that error. 

DATES: This correction is effective on 

January 21, 2014. 

FOR FURTHER INFORMATION CONTACT: 

Mary Aycock, U.S. EPA Remedial 

Project Manager, U.S. Environmental 

Protection Agency, Region IX; 

Telephone: (415) 972–3289; Fax: (415) 

947–3528; Email: Aycock.Mary@

epa.gov. 

SUPPLEMENTARY INFORMATION: The EPA 

published a document in the Federal 

Register on November 19, 2013 (78 FR 

69302) that included the incorrect 

docket number for the National Oil and 

Hazardous Substances Pollution 

Contingency Plan; National Priorities 

List: Partial Deletion of the El Toro 

Marine Corps Air Station Superfund 

Site. This correction corrects the 

incorrect docket number published on 

November 19, 2013. 

In rule FR Doc. 13–27724 published 

on November 19, 2013, (78 FR 69302) 

make the following corrections. 

1. On page 69302, in the second 

column, correct the docket number for 

the National Oil and Hazardous 

Substances Pollution Contingency Plan; 

National Priorities List: Partial Deletion 

of the El Toro Marine Corps Air Station 

Superfund Site to read: 

[EPA–HQ–SFUND–1990–0010; FRL 

9902–79–Region 9] 

2. On page 69302, in the third 

column, correct the first clause of the 

ADDRESSES caption to read: 

ADDRESSES: Submit your comments, 

identified by Docket ID no. EPA–HQ– 

SFUND–1990–0010, by one of the 

following methods: 

3. On page 69302, in the third 

column, correct the first sentence of the 

‘‘Instructions’’ caption to read: 

Instructions: Direct your comments to 

Docket ID no. EPA–HQ–SFUND–1990– 

0010. 

Dated: December 19, 2013. 

Jared Blumenfeld, 

Regional Administrator. 

[FR Doc. 2013–31265 Filed 12–31–13; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Centers for Medicare & Medicaid 

Services 

42 CFR Parts 412, 482, 485, and 489 

[CMS–1599 & 1455–CN3] 

RINs 0938–AR53 and 0938–AR73 

Medicare Program; Hospital Inpatient 

Prospective Payment Systems for 

Acute Care Hospitals and the LongTerm 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; 

Corrections 

AGENCY: Centers for Medicare & 

Medicaid Services (CMS), HHS. 

ACTION: Notification of correction to 

tables. 

SUMMARY: This document corrects 

technical errors in the final rules that 

appeared in the August 19, 2013 

Federal Register titled ‘‘Medicare 

Program; Hospital Inpatient Prospective 

Payment 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.’’ 

DATES: Effective Date: This correcting 

document is effective on January 2, 

2014. 

FOR FURTHER INFORMATION CONTACT: Tzvi 

Hefter (410) 786–4487. 

SUPPLEMENTARY INFORMATION: 

I. Background 

In FR Doc. 2013–18956, which 

appeared in the August 19, 2013 

Federal Register (78 FR 50496) entitled 

‘‘Medicare Program; Hospital Inpatient 

Prospective Payment Systems for Acute 

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62 Federal Register / Vol. 79, No. 1 / Thursday, January 2, 2014 / Rules and Regulations 

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), there were a number of technical 

and typographical errors. Therefore, in 

the October 3, 2013 Federal Register (78 

FR 61197), we published a correcting 

document to correct those errors. The 

provisions of the correcting document 

were effective as if they had been 

included in the FY 2014 IPPS/LTCH 

PPS final rule that appeared in the 

August 19, 2013 Federal Register. 

Accordingly, those corrections were 

effective October 1, 2013. 

We have learned of an additional 

technical error that appeared in FY 2014 

IPPS/LTCH PPS final rule. Specifically, 

the wage data of provider 220153 in 

core-based statistical area (CBSA) 

44140, Springfield, MA should not have 

been included in the wage index data. 

The inclusion of this data resulted in an 

error in the pre-reclassified, unadjusted 

wage index, which is used in the IPPS, 

for CBSA 44140 as well as to determine 

the LTCH PPS wage index, which is 

computed using wage data from 

inpatient acute care hospitals without 

regard to reclassification under section 

1886(d)(8) or section 1886(d)(10) of the 

Act. Section 412.64(k) of the regulations 

provides for making midyear corrections 

to the wage index. Under this provision, 

we make a midyear correction to the 

wage index for an area only if a hospital 

can show that the—(1) intermediary or 

CMS made an error in tabulating its 

data; and (2) hospital could not have 

known about the error or did not have 

the opportunity to correct the error 

before the beginning of the Federal 

fiscal year (that is, October 1). A 

midyear correction to the wage index is 

effective prospectively from the date the 

change is made to the wage index rather 

than retroactively to the beginning of 

the Federal fiscal year, unless several 

conditions are met, including the 

requirement, under § 412.64(k)(2)(ii)(C), 

that CMS agreed before October 1st that 

the fiscal intermediary or CMS made an 

error in tabulating the hospital’s wage 

data and the wage index should be 

corrected. CMS did not agree that there 

was an error in the IPPS wage index 

until after October 1, 2013; therefore, 

under the authority of § 412.64(k), the 

effective date of this correction is 

prospective, January 2, 2014. 

Furthermore, as the IPPS wage data is 

also used to compute the LTCH PPS 

wage index, these corrections will also 

apply prospectively to the LTCH PPS 

wage index as of January 2, 2014. 

II. Summary of Errors and Corrections 

to Tables Posted on the CMS Web Site 

A. Errors in and Corrections to the IPPS 

Tables 

We are correcting the errors in the 

following IPPS tables that are listed on 

78 FR 51002 of FY 2014 IPPS/LTCH PPS 

final rule and are available on the 

Internet on the CMS Web site at http:// 

www.cms.gov/Medicare/Medicare-Feefor-Service-Payment/

AcuteInpatientPPS/FY2014-IPPS-FinalRule-Home-Page.html. 

In Table 2—Acute Care Hospitals 

Case-Mix Indexes for Discharges 

Occurring in Federal Fiscal Year 2012; 

Hospital Wage Indexes for Federal 

Fiscal Year 2014; Hospital Average 

Hourly Wages for Federal Fiscal Years 

2012 (2008 Wage Data), 2013 (2009 

Wage Data), and 2014 (2010 Wage Data); 

and 3-Year Average of Hospital Average 

Hourly Wages. We inadvertently 

included the wage data of provider 

220153 in CBSA 44140, Springfield, MA 

in the FY 2014 wage index. Therefore, 

we are correcting Table 2 by removing 

the wage data for provider 220153. 

In Table 3A—FY 2014 and 3-Year 

Average Hourly Wage for Acute Care 

Hospitals in Urban Areas by CBSA. We 

inadvertently included provider 220153 

in the wage index of CBSA 44140. 

Therefore, we are correcting the FY 

2014 average hourly wage and the 3- 

year average hourly wage for CBSA 

44140, Springfield, MA by removing the 

wage data for provider 220153, and 

recomputing the FY 2014 average 

hourly wage and the 3-year average 

hourly wage for CBSA 44140. 

B. Error in and Correction to a LTCH 

PPS Table 

We are also correcting the error in the 

following LTCH PPS table that is listed 

on 78 FR 51002 of the FY 2014 IPPS/ 

LTCH PPS final rule and is available on 

the Internet on the CMS Web site at 

http://www.cms.gov/Medicare/

Medicare-Fee-for-Service-Payment/

LongTermCareHospitalPPS/index.html. 

Table 12A—LTCH PPS Wage Index 

for Urban Areas for Discharges 

Occurring from October 1, 2013 through 

September 30, 2014. Due to a technical 

error found in the data of a provider in 

CBSA 44140, we are correcting the 

LTCH PPS wage index value for that 

CBSA. 

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 rule that would be 

subject to the APA notice and comment 

or delayed effective date requirements. 

This correcting document corrects 

technical errors in tables posted on the 

CMS Web site but does not make 

substantive changes to the policies or 

payment methodologies that were 

adopted in the final rule. As a result, 

this correcting document is intended to 

ensure that the tables posted on the 

CMS Web site accurately reflect the 

policies adopted in that final rule. 

In addition, even if this 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 corrections in this 

document into the 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, and to ensure that 

the FY 2014 IPPS/LTCH PPS final rule 

accurately reflects our payment 

methodologies, payment rates, and 

policies. Furthermore, such procedures 

would be unnecessary, as we are not 

altering our payment methodologies or 

policies, but rather, we are simply 

implementing correctly the payment 

methodologies and policies that we 

previously proposed, received comment 

on, and subsequently finalized. This 

correcting document is intended solely 

to ensure that the FY 2014 IPPS/LTCH 

PPS final rule accurately reflects these 

payment methodologies and policies. 

Therefore, we believe we have good 

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Federal Register / Vol. 79, No. 1 / Thursday, January 2, 2014 / Rules and Regulations 63 

cause to waive the notice and comment 

and effective date requirements. 

(Catalog of Federal Domestic Assistance 

Program No. 93.778, Medical Assistance 

Program) 

(Catalog of Federal Domestic Assistance 

Program No. 93.773, Medicare—Hospital 

Insurance; and Program No. 93.774, 

Medicare—Supplementary Medical 

Insurance Program) 

Dated: December 26, 2013. 

Oliver Potts, 

Deputy Executive Secretary to the 

Department, Department of Health and 

Human Services. 

[FR Doc. 2013–31432 Filed 12–31–13; 8:45 am] 

BILLING CODE 4120–01–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Centers for Medicare & Medicaid 

Services 

42 CFR Parts 413 and 424 

[CMS–1446–CN2] 

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 a 

technical error that appeared in the final 

rule published in the August 6, 2013 

Federal Register entitled ‘‘Medicare 

Program; Prospective Payment System 

and Consolidated Billing for Skilled 

Nursing Facilities for FY 2014.’’ 

DATES: Effective Date: This correction is 

effective January 2, 2014. 

FOR FURTHER INFORMATION CONTACT: John 

Kane, (410) 786–0557. 

SUPPLEMENTARY INFORMATION: 

I. Background 

On October 3, 2013, we published a 

correction notice (FR Doc. 2013–24080, 

78 FR 61202) to correct a number of 

technical errors that appeared in the FY 

2014 Skilled Nursing Facility 

Prospective Payment System (SNF PPS) 

final rule on August 6, 2013 (FR Doc. 

2013–18776, 78 FR 47936). In this 

notice, we are correcting an additional 

technical error in the wage index values. 

Specifically, we have determined that in 

the process of developing the most 

recent hospital wage index, the wage 

data of a hospital in Core-Based 

Statistical Area (CBSA) 44140, 

Springfield, MA, was inadvertently 

included in that CBSA, though it should 

not have been included in the wage 

index data. Accordingly, we are 

removing the wage data for this provider 

from CBSA 44140. In Table A, ‘‘FY 2014 

Wage Index for Urban Areas Based on 

CBSA Labor Market Areas,’’ we are 

revising the wage index value for CBSA 

44140 Springfield, MA from 1.0378 to 

the corrected value of 1.0383, in order 

to reflect the removal of the hospital in 

question from the wage data for that 

CBSA. As we are revising the entry for 

only that one particular CBSA, we are 

not republishing the lengthy Table A in 

its entirety in this notice. We note that 

the corrected version of this table is 

available online on the SNF PPS Web 

site, at http://www.cms.gov/Medicare/

Medicare-Fee-for-Service-Payment/

SNFPPS/WageIndex.html. 

In a correction notice for inpatient 

prospective payment system (IPPS) 

hospitals and long-term care hospitals 

(LTCHs) that is being published 

concurrently in this issue of the Federal 

Register (Medicare Program; Hospital 

Inpatient Prospective Payment Systems 

for Acute Care Hospitals and the LongTerm 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; 

Corrections (CMS–1599 & 1455–CN3)), 

we are making a similar midyear 

correction to the IPPS hospital wage 

index to reflect the removal of the wage 

index data of the hospital referenced 

above. As discussed in that correction 

notice, this IPPS wage index correction 

is being made prospectively. Since the 

implementation of the SNF PPS, we 

have used the pre-floor, pre-reclassified, 

no occupational mix IPPS hospital wage 

data in developing a wage index to be 

applied to SNFs. Thus, this correction 

will also apply prospectively to the SNF 

PPS wage index to conform the 

published SNF PPS wage index values 

to the corresponding, prospectively 

revised IPPS wage index values. We 

note that a more detailed discussion of 

the correction to the IPPS hospital wage 

index and its effective date is included 

in CMS–1599 & 1455–CN3 referenced 

above. 

The correction in this document 

appears below in the ‘‘Correction of 

Errors’’ section. The provisions in this 

correction notice are effective as of 

January 2, 2014. 

II. Summary of Errors 

The wage data of a hospital in CBSA 

44140, Springfield, MA, was 

inadvertently included in that CBSA, 

though it should not have been included 

in the wage index data. In Table A, ‘‘FY 

2014 Wage Index for Urban Areas Based 

on CBSA Labor Market Areas,’’ we are 

revising the wage index value for CBSA 

44140 Springfield, MA from 1.0378 to 

the corrected value of 1.0383, in order 

to reflect the removal of the hospital in 

question from the wage data for that 

CBSA. 

III. 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)). 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 

corrects a single technical error in Table 

A of the FY 2014 SNF 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 correcting 

document is intended to ensure that the 

information set forth in Table A of the 

FY 2014 SNF PPS final rule (and posted 

on the CMS Web site) accurately reflects 

the policies adopted in that final rule. 

In addition, even if this correcting 

document were a rule 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 correction in this 

document into the 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 and to 

ensure that the FY 2014 SNF PPS final 

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