7746 Federal Register / Vol. 87, No. 28 / Thursday, February 10, 2022 / Rules and Regulations 

oxides, Volatile organic compounds, 

Wilderness areas. 

Michael Regan, 

Administrator. 

For the reasons stated in the 

preamble, title 40, chapter I of the Code 

of Federal Regulations is amended as 

follows: 

PART 81—DESIGNATIONS OF AREAS 

FOR AIR QUALITY PLANNING 

PURPOSES 

■ 1. The authority citation for part 81 

continues to read as follows: 

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

■ 2. Subpart E, consisting of §§ 81.455 

and 81.457, is added to read as follows: 

Subpart E—Identification of Interstate 

Transport Regions 

§ 81.455 Scope. 

This subpart identifies interstate 

transport regions established for 

national ambient air quality standards 

pursuant to section 184 or section 176A 

of the Clean Air Act. 

§ 81.457 Ozone Transport Region. 

Except as provided in paragraph (a), 

the Ozone Transport Region is 

comprised of the areas identified by 

Congress under 42 U.S.C. 7511c(a). 

(a) Ozone Transport Region boundary. 

As of March 14, 2022, the boundary for 

the Ozone Transport Region consists of 

the entire States of Connecticut, 

Delaware, Maryland, Massachusetts, 

New Hampshire, New Jersey, New York, 

Pennsylvania, Rhode Island, and 

Vermont; portions of Maine identified 

in this section under Table 1; and the 

Consolidated Metropolitan Statistical 

Area that includes the District of 

Columbia and the following counties 

and cities in Virginia: Arlington County, 

Fairfax County, Loudoun County, Prince 

William County, Strafford County, 

Alexandria City, Fairfax City, Falls 

Church City, Manassas City, and 

Manassas Park City. 

TABLE 1 TO PARAGRAPH (a)—MAINE TOWNS AND CITIES IN THE OZONE TRANSPORT REGION

Maine towns and cities in the ozone transport region 

Androscoggin County (only the following town): Durham. 

Cumberland County (only the following towns and cities): Brunswick, Cape Elizabeth, Casco, Cumberland, Falmouth, Freeport, Frye Island, 

Gorham, Gray, Harpswell, Long Island, New Gloucester, North Yarmouth, Portland, Pownal, Raymond, Scarborough, South Portland, Standish, Westbrook, Windham, and Yarmouth. 

Hancock County (only the following towns and cities): Bar Harbor, Blue Hill, Brooklin, Brooksville, Cranberry Isles, Deer Isle, Frenchboro, 

Gouldsboro, Hancock, Lamoine, Mount Desert, Sedwick, Sorrento, Southwest Harbor, Stonington, Sullivan, Surry, Swans Island, Tremont, 

Trenton, and Winter Harbor. 

Knox County (only the following towns and cities): Camden, Criehaven, Cushing, Friendship, Isle au Haut, Matinicus Isle, Muscle Ridge Shoals, 

North Haven, Owls Head, Rockland, Rockport, St. George, South Thomaston, Thomaston, Vinalhaven, and Warren. 

Lincoln County (only the following towns and cities): Alna, Boothbay, Boothbay Harbor, Breman, Bristol, Damariscotta, Dresden, Edgecomb, 

Monhegan, Newcastle, Nobleboro, South Bristol, Southport, Waldoboro, Westport, and Wiscasset. 

Sagadahoc County (all towns and cities). 

Waldo County (only the following town): Islesboro. 

York County (only the following towns and cities): Alfred, Arundel, Berwick, Biddeford, Buxton, Dayton, Eliot, Hollis, Kennebunk, Kennebunkport, 

Kittery, Limington, Lyman, North Berwick, Ogunquit, Old Orchard Beach, Saco, Sanford, South Berwick, Wells, and York. 

(b) Applicability. As of March 14, 

2022, the provisions of 42 U.S.C. 7511c 

will no longer be applicable in the 

following areas of Maine: The State of 

Maine, with the exception of the towns 

and cities listed in this section under 

table 1 to paragraph (a). 

[FR Doc. 2022–02653 Filed 2–9–22; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Centers for Medicare & Medicaid 

Services 

42 CFR Parts 403, 405, 410, 411, 414, 

415, 423, 424, and 425 

[CMS–1751–F2] 

RIN–0938–AU42 

Medicare Program; CY 2022 Payment 

Policies Under the Physician Fee 

Schedule and Other Changes to Part B 

Payment Policies; Medicare Shared 

Savings Program Requirements; 

Provider Enrollment Regulation 

Updates; Provider and Supplier 

Prepayment and Post-Payment Medical 

Review Requirements; Corrections 

AGENCY: Centers for Medicare & 

Medicaid Services (CMS), Department 

of Health and Human Services (HHS). 

ACTION: Final rule; correction and 

correcting amendment. 

SUMMARY: In the November 19, 2021 

issue of the Federal Register, we 

published a final rule entitled 

‘‘Medicare Program; CY 2022 Payment 

Policies Under the Physician Fee 

Schedule and Other Changes to Part B 

Payment Policies; Medicare Shared 

Savings Program Requirements; 

Provider Enrollment Regulation 

Updates; and Provider and Supplier 

Prepayment and Post-Payment Medical 

Review Requirements’’ (referred to 

hereafter as the ‘‘CY 2022 PFS final 

rule’’). The effective date was January 1, 

2022. This document corrects a limited 

number of technical and typographical 

errors identified in the November 19, 

2021 final rule. 

DATES: This document is effective 

February 10, 2022, and is applicable 

beginning January 1, 2022. 

FOR FURTHER INFORMATION CONTACT: 

Terri Plumb, (410) 786–4481, Gaysha 

Brooks, (410) 786–9649, or Annette 

Brewer (410) 786 6580. 

SUPPLEMENTARY INFORMATION:

I. Background 

In FR Doc. 2021–23972 of November 

19, 2021, the CY 2022 PFS final rule (86 

FR 64996), there were technical errors 

that are identified and corrected in this 


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Federal Register / Vol. 87, No. 28 / Thursday, February 10, 2022 / Rules and Regulations 7747 

correcting document. These corrections 

are applicable as if they had been 

included in the CY 2022 PFS final rule, 

which was effective January 1, 2022. 

II. Summary of Errors 

A. Summary of Errors in the Preamble 

On page 65059, in discussing the 

policy we finalized for certain mental 

health telehealth services, we made a 

typographical error in indicating the 

number of months within which the 

physician or practitioner must have 

furnished an item or service in person, 

without the use of telehealth. 

On page 65132 in Table 20: CY 2022 

Work RVUs for New, Revised and 

Potentially Misvalued Codes, due to a 

clerical error in which the incorrect 

version of the table was included, the 

listed CMS work RVUs for CPT codes 

64633 and 66989 are incorrect. 

On page 65133, in Table 20: CY 2022 

Work RVUs for New, Revised and 

Potentially Misvalued Codes, due to the 

same clerical error, the listed CMS work 

RVU for CPT code 66991 is incorrect. 

On page 65274, in bulleted paragraph 

describing Chronic Care Management 

(CCM), due to a clerical error, the 

description of CPT code 99X21 is 

inaccurate. 

On page 65501, we made 

typographical errors in the year 

designations of the performance period 

and MIPS payment year. 

B. Summary of Errors in the Regulations 

Text 

On page 65674, we made 

typographical errors in the year 

designations of the performance period 

and MIPS payment year. 

III. Waiver of Proposed Rulemaking 

Under 5 U.S.C. 553(b) of the 

Administrative Procedure Act (the 

APA), the agency is required to publish 

a notice of the proposed rule in the 

Federal Register before the provisions 

of a rule take effect. Similarly, section 

1871(b)(1) of the Social Security Act 

(the Act) requires the Secretary to 

provide for notice of the proposed rule 

in the Federal Register and provide a 

period of not less than 60 days for 

public comment. In addition, section 

553(d) of the APA and section 

1871(e)(1)(B)(i) of the Act mandate a 30- 

day delay in effective date after issuance 

or publication of a rule. Sections 

553(b)(B) and 553(d)(3) of the APA 

provide for exceptions from the APA 

notice and comment, and delay in 

effective date requirements; in cases in 

which these exceptions apply, sections 

1871(b)(2)(C) and 1871(e)(1)(B)(ii) of the 

Act provide exceptions from the notice 

and 60-day comment period and delay 

in effective date requirements of the Act 

as well. Section 553(b)(B) of the APA 

and section 1871(b)(2)(C) of the Act 

authorize an agency to dispense with 

normal notice and comment rulemaking 

procedures for good cause if the agency 

makes a finding that the notice and 

comment process is impracticable, 

unnecessary, or contrary to the public 

interest, and includes a statement of the 

finding and the reasons for it in the rule. 

In addition, section 553(d)(3) of the 

APA and section 1871(e)(1)(B)(ii) of the 

Act allow the agency to avoid the 30- 

day delay in effective date where such 

delay is contrary to the public interest 

and the agency includes in the rule a 

statement of the finding and the reasons 

for it. 

In our view, this correcting document 

does not constitute a rulemaking that 

would be subject to these requirements. 

This document merely corrects 

technical errors in the CY 2022 PFS 

final rule. The corrections contained in 

this document are consistent with, and 

do not make substantive changes to, the 

policies and payment methodologies 

that were proposed, subject to notice 

and comment procedures, and adopted 

in the CY 2022 PFS final rule. As a 

result, the corrections made through this 

correcting document are intended to 

resolve inadvertent errors so that the 

rule accurately reflects the policies 

adopted in the final rule. 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 

document into the CY 2022 PFS final 

rule or delaying the effective date of the 

corrections would be contrary to the 

public interest because it is in the 

public interest to ensure that the rule 

accurately reflects our policies as of the 

date they take effect. Further, such 

procedures would be unnecessary 

because we are not making any 

substantive revisions to the final rule, 

but rather, we are simply correcting the 

Federal Register document to reflect the 

policies that we previously proposed, 

received public comment on, and 

subsequently finalized in the final rule. 

For these reasons, we believe there is 

good cause to waive the requirements 

for notice and comment and delay in 

effective date. 

IV. Correction of Errors in Preamble 

In FR Doc. 2021–23972 of November 

19, 2021 (86 FR 64996) make the 

following corrections: 

1. On page 65059, the sentence that 

continues at the top of the second 

column, line 2, the phrase ‘‘6 months’’ 

is corrected to read ‘‘12 months’’. 

2. On page 65132, in Table 20: CY 

2022 Work RVUs for New, Revised and 

Potentially Misvalued Codes, for CPT 

code 64633, fifth column, the second 

full row, the CMS work RVU that reads 

‘‘3.31’’ is corrected to read ‘‘3.32’’ and 

for CPT code 66989, fifth column, the 

last row, the CMS work RVU that reads 

‘‘10.31’’ is corrected to read ‘‘12.13’’. 

3. On page 65133, in Table 20: CY 

2022 Work RVUs for New, Revised and 

Potentially Misvalued Codes, for CPT 

code 66991, fifth column, the second 

full row, the CMS work RVU that reads 

‘‘7.41’’ is corrected to read ‘‘9.23’’. 

4. On page 65274, second column, 

first full bulleted paragraph, lines 5 

through 8, the phrase ‘‘CCM services 

furnished by clinical staff under the 

supervision of a physician or NPP who 

can bill E/M services, and’’ is removed. 

5. On page 65501: 

a. The second column, first full 

paragraph, lines 4 through 6 that read 

‘‘beginning with the CY 2023 

performance period/2025 MIPS 

payment year’’ are corrected to read 

‘‘beginning with the CY 2022 

performance period/2024 MIPS 

payment year.’’ 

b. The third column, first full 

paragraph, lines 3 through 5 that read 

‘‘beginning with the CY 2023 

performance period/2025 MIPS 

payment year’’ are corrected to read 

‘‘beginning with the CY 2022 

performance period/2024 MIPS 

payment year.’’ 

List of Subjects in 42 CFR Part 414 

Administrative practice and 

procedure, Biologics, Diseases, Drugs, 

Health facilities, Health professions, 

Medicare, Reporting and recordkeeping 

requirements. 

For the reasons set forth in the 

preamble, CMS corrects 42 CFR part 414 

by making the following correcting 

amendments: 

PART 414—PAYMENT FOR PART B 

MEDICAL AND OTHER HEALTH 

SERVICES 

■ 1. The authority citation for part 414 

continues to read as follows: 

Authority: 42 U.S.C. 1302, 1395hh, and 

1395rr(b)(l). 

§ 414.1380 [Amended] 

■ 2. Amend § 414.1380 by: 

■ a. In paragraph (b)(1)(i)(A)(3), 

removing the text ‘‘Beginning with the 

CY 2023 performance period/2025 MIPS 

payment year’’ and adding in its place 


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7748 Federal Register / Vol. 87, No. 28 / Thursday, February 10, 2022 / Rules and Regulations 

the text ‘‘Beginning with the CY 2022 

performance period/2024 MIPS 

payment year’’. 

■ b. In paragraph (b)(1)(i)(C), removing 

the text ‘‘Beginning with the CY 2023 

performance period/2025 MIPS 

payment year’’ and adding in its place 

the text ‘‘Beginning with the CY 2022 

performance period/2024 MIPS 

payment year’’. 

Karuna Seshasai, 

Executive Secretary to the Department, 

Department of Health and Human Services. 

[FR Doc. 2022–02623 Filed 2–9–22; 8:45 am] 

BILLING CODE 4120–01–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Parts 25, 73, and 76 

[MB Docket No. 21–293; FCC 22–5; FR ID 

69577] 

Political Programming and 

Recordkeeping Rules 

AGENCY: Federal Communications 

Commission. 

ACTION: Final rule. 

SUMMARY: In this document, the 

Commission updates the political 

programming and recordkeeping rules 

for broadcast licensees, cable television 

system operators, Direct Broadcast 

Satellite (DBS) service providers, and 

Satellite Digital Audio Radio Service 

(SDARS) licensees. The revisions 

conform the political programming and 

recordkeeping rules with statutory 

requirements, reflect modern campaign 

practices, and increase transparency. 

DATES: Effective March 14, 2022, except 

for the amendments to §§ 25.701(d), 

25.702(b), 73.1943, and 76.1701, which 

are delayed indefinitely. The 

Commission will publish a document in 

the Federal Register announcing the 

effective date. 

FOR FURTHER INFORMATION CONTACT: For 

additional information, contact Kathy 

Berthot, Kathy.Berthot@fcc.gov, of the 

Media Bureau, Policy Division, (202) 

418–7454. 

SUPPLEMENTARY INFORMATION: This is a 

summary of the Commission’s Report 

and Order, FCC 22–5, adopted and 

released on January 25, 2022. This 

document will be available via ECFS, 

http://www.fcc.gov/cgb/ecfs/. 

Documents will be available 

electronically in ASCII, Word, and/or 

Adobe Acrobat. Alternative formats are 

available for people with disabilities 

(Braille, large print, electronic files, 

audio format), by sending an email to 

fcc504@fcc.gov or calling the 

Commission’s Consumer and 

Governmental Affairs Bureau at (202) 

418–0530 (voice), (202) 418–0432 

(TTY). 

Paperwork Reduction Act of 1995 

Analysis 

This document contains new or 

modified information collection 

requirements. The Commission, as part 

of its continuing effort to reduce 

paperwork burdens, will invite the 

general public and the OMB to comment 

on the information collection 

requirements contained in the 

amendments to §§ 25.701(d), 25.702(b), 

73.1943(a) and (b), and 76.1701(a) and 

(b), in a separate Federal Register 

document, as required by the Paperwork 

Reduction Act of 1995, Public Law 104– 

13, see 44 U.S.C. 3507. In addition, 

pursuant to the Small Business 

Paperwork Relief Act of 2002, Public 

Law 107–198, see 44 U.S.C. 3506(c)(4), 

we previously sought specific comment 

on how we might further reduce the 

information collection burden for small 

business concerns with fewer than 25 

employees. 

Congressional Review Act 

The Commission has determined, and 

the Administrator of the Office of 

Information and Regulatory Affairs, 

Office of Management and Budget, 

concurs, that this rule is ‘‘non-major’’ 

under the Congressional Review Act, 5 

U.S.C. 804(2). The Commission will 

send a copy of this Report and Order to 

Congress and the Government 

Accountability Office pursuant to the 

Congressional Review Act, 5 U.S.C. 

801(a)(1)(A). 

Synopsis 

I. Introduction 

1. In this Report and Order, we 

update our political programming and 

recordkeeping rules for broadcast 

licensees, cable television system 

operators, Direct Broadcast Satellite 

(DBS) service providers, and Satellite 

Digital Audio Radio Service (SDARS) 

licensees. We revise the definition of 

‘‘legally qualified candidate for public 

office’’ to add the use of social media 

and creation of a campaign website to 

the existing list of activities that may be 

considered in determining whether an 

individual running as a write-in 

candidate has made a ‘‘substantial 

showing’’ of his or her bona fide 

candidacy. We also amend our political 

file rules consistent with the Bipartisan 

Campaign Reform Act of 2002 (BCRA), 

which extends the Commission’s 

political file requirements to any request 

for the purchase of advertising time that 

‘‘communicates a message relating to 

any political matter of national 

importance’’ (i.e., issue ads) and 

specifies the records that must be 

maintained. These updates, which are 

consistent with the proposals set forth 

in the Notice of Proposed Rulemaking 

(NPRM) in this proceeding, not only 

conform our rules with statutory 

requirements, they also reflect modern 

campaign practices and increase 

transparency. 

II. Background 

2. In recognition of the critical role 

that political programming plays in 

keeping the electorate informed, 

Congress has long established specific 

requirements governing political 

programming. These requirements 

ensure that candidates for elective office 

have access to broadcast facilities and 

certain other media platforms and foster 

transparency about entities sponsoring 

advertisements. 

3. Political Programming Obligations. 

Political programming obligations for 

certain Commission licensees and 

regulatees are set forth in Sections 

312(a)(7) and 315 of the 

Communications Act of 1934, as 

amended (Act), 47 U.S.C. 312(a)(7), 315. 

Section 312(a)(7) requires broadcast 

licensees to give legally qualified 

candidates for federal office ‘‘reasonable 

access’’ to their facilities, or to permit 

them to purchase ‘‘reasonable amounts 

of time.’’ Section 312(a)(7) of the Act 

also applies to SDARS licensees and 

DBS service providers, but it does not 

apply to cable system operators. Under 

section 315(a), if a broadcast licensee 

permits one legally qualified candidate 

for a public office to use its station, it 

must afford all other candidates for that 

office an ‘‘equal opportunity’’ to use the 

station. Section 315(b) provides that, 

during certain periods before an 

election, legally qualified candidates are 

entitled to ‘‘the lowest unit charge of the 

station for the same class and amount of 

time for the same period.’’ The equal 

opportunity and lowest unit charge 

requirements also apply to cable system 

operators, SDARS licensees, and DBS 

service providers. The entitlements 

afforded by Sections 312(a)(7) and 315 

of the Act are available only to 

individuals who have achieved the 

status of ‘‘legally qualified candidate.’’ 

4. The Communications Act does not 

define the term ‘‘legally qualified 

candidate,’’ but the Commission has 

adopted a definition and codified it in 

Section 73.1940. Generally, in order to 

be considered a ‘‘legally qualified 

candidate,’’ an individual must publicly 

announce his or her intention to run for 

office, must be qualified to hold the 

office for which he or she is a candidate, 


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