18656 Federal Register / Vol. 74, No. 78 / Friday, April 24, 2009 / Rules and Regulations 

with applicable law or otherwise 

impractical. Voluntary consensus 

standards are technical standards (e.g., 

materials specifications, test methods, 

sampling procedures, and business 

practices) that are developed or adopted 

by voluntary consensus bodies. The 

NTTAA directs EPA to provide 

Congress, through OMB, explanations 

when the Agency decides not to use 

available and applicable voluntary 

consensus standards. This final action 

includes environmental monitoring and 

measurement as described in EPA’s 

final SMMP. EPA will not require the 

use of specific, prescribed analytic 

methods for monitoring and managing 

the designated Sites. The Agency plans 

to allow the use of any method, whether 

it constitutes a voluntary consensus 

standard or not, that meets the 

monitoring and measurement criteria 

discussed in the final SMMP. 

(10) Executive Order 12898: Federal 

Actions To Address Environmental 

Justice in Minority Populations and Low 

Income Populations 

Executive Order 12898 (59 FR 7629) 

establishes federal executive policy on 

environmental justice. Its main 

provision directs federal agencies, to the 

greatest extent practicable and 

permitted by law, to make 

environmental justice part of their 

mission by identifying and addressing, 

as appropriate, disproportionately high 

and adverse human health or 

environmental effects of their programs, 

policies, and activities on minority 

populations and low-income 

populations in the United States. EPA 

determined that this final rule will not 

have disproportionately high and 

adverse human health or environmental 

effects on minority or low-income 

populations because it does not affect 

the level of protection provided to 

human health or the environment. EPA 

has assessed the overall protectiveness 

of designating the disposal Sites against 

the criteria established pursuant to the 

MPRSA to ensure that any adverse 

impact to the environment will be 

mitigated to the greatest extent 

practicable. 

(11) Congressional Review Act 

The Congressional Review Act (CRA), 

5 U.S.C. 801 et seq., as added by the 

Small Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to each House of the 

Congress and to the Comptroller General 

of the United States. EPA will submit a 

report containing this rule and other 

required information to the U.S. Senate, 

the U.S. House of Representatives, and 

the Comptroller General of the United 

States prior to publication of the rule in 

the Federal Register. A major rule 

cannot take effect until 60 days after it 

is published in the Federal Register. 

This action is not a ‘‘major rule’’ as 

defined by 5 U.S.C. 804(2). This rule 

will be effective thirty days from the 

date of publication in the Federal 

Register. 

List of Subjects in 40 CFR Part 228 

Environmental protection, Water 

pollution control. 

Authority: This action is issued under the 

authority of Section 102 of the Marine 

Protection, Research, and Sanctuaries Act, as 

amended, 33 U.S.C. 1401, 1411, 1412. 

Dated: April 9, 2009. 

Michelle L. Pirzadeh, 

Acting Regional Administrator, Region 10. 

■ For the reasons set out in the 

preamble, chapter I, title 40 of the Code 

of Federal Regulations is amended as 

follows: 

PART 228—[AMENDED] 

■ 1. The authority citation for part 228 

continues to read as follows: 

Authority: 33 U.S.C. 1412 and 1418. 

■ 2. Section 228.15 is amended by 

adding paragraph (n)(7) to read as 

follows: 

§ 228.15 Dumping sites designated on a 

final basis. 

* * * * * 

(n) * * * 

(7) Umpqua River, OR—North and 

South Dredged Material Disposal Sites. 

(i) North Umpqua River Site. 

(A) Location: 43°41′23.09′′ N, 

124°14′20.28′′ W; 43°41′25.86′′ N, 

124°12′54.61′′ W; 43°40′43.62′′ N, 

124°14′17.85′′ W; 43°40′46.37′′ N, 

124°12′52.74′′ W. 

(B) Size: Approximately 1.92 

kilometers long and 1.22 kilometers 

wide, with a drop zone which is defined 

as a 500-foot setback inscribed within 

all sides of the site boundary, reducing 

the permissible disposal area to a zone 

5,300 feet long by 3,000 feet wide. 

(C) Depth: Ranges from approximately 

9 to 37 meters. 

(D) Primary Use: Dredged material. 

(E) Period of Use: Continuing Use. 

(F) Restrictions: (1) Disposal shall be 

limited to dredged material determined 

to be suitable for ocean disposal 

according to 40 CFR 227.13, from the 

Umpqua River navigation channel and 

adjacent areas; 

(2) Disposal shall be managed by the 

restrictions and requirements contained 

in the currently-approved Site 

Management and Monitoring Plan 

(SMMP); 

(3) Monitoring, as specified in the 

SMMP, is required. 

(ii) South Umpqua River Site. 

(A) Location: 43°39′32.31′′ N, 

124°14′35.60′′ W; 43°39′35.23′′ N, 

124°13′11.01′′ W; 43°38′53.08′′ N, 

124°14′32.94′′ W; 43°38′55.82′′ N, 

124°13′08.36′′ W. 

(B) Size: Approximately 1.92 

kilometers long and 1.22 kilometers 

wide, with a drop zone which is defined 

as a 500-foot setback inscribed within 

all sides of the site boundary, reducing 

the permissible disposal area to a zone 

5,300 feet long by 3,000 feet wide. 

(C) Depth: Ranges from approximately 

9 to 37 meters. 

(D) Primary Use: Dredged material. 

(E) Period of Use: Continuing Use. 

(F) Restrictions: (1) Disposal shall be 

limited to dredged material determined 

to be suitable for ocean disposal 

according to 40 CFR 227.13, from the 

Umpqua River navigation channel and 

adjacent areas; 

(2) Disposal shall be managed by the 

restrictions and requirements contained 

in the currently-approved Site 

Management and Monitoring Plan 

(SMMP); 

(3) Monitoring, as specified in the 

SMMP, is required. 

* * * * * 

[FR Doc. E9–9434 Filed 4–23–09; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Centers for Medicare & Medicaid 

Services 

42 CFR Parts 447 and 455 

[CMS–2198–F2] 

RIN–0938–AN09 

Medicaid Program; Disproportionate 

Share Hospital Payments; Correcting 

Amendment 

AGENCY: Centers for Medicare & 

Medicaid Services (CMS), HHS. 

ACTION: Final rule; correcting 

amendment. 

SUMMARY: This correcting amendment 

corrects a technical error in the 

regulations text in the final rule 

published in the Federal Register on 

December 19, 2008 (73 FR 77904) 

entitled, ‘‘Disproportionate Share 

Hospital Payments.’’ In that final rule, 

we set forth data elements necessary to 


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Federal Register / Vol. 74, No. 78 / Friday, April 24, 2009 / Rules and Regulations 18657 

comply with the requirements of section 

1923(j) of the Social Security Act (the 

Act) related to auditing and reporting of 

disproportionate share hospital 

payments under State Medicaid 

programs. The effective date was 

January 19, 2009. 

DATES: Effective Date: This correcting 

amendment is effective April 24, 2009. 

FOR FURTHER INFORMATION CONTACT: 

Venesa Day, (410) 786–8281. 

Rory Howe, (410) 786–4878. 

Rob Weaver, (410) 786–5914. 

SUPPLEMENTARY INFORMATION: 

I. Background 

In FR Doc. E8–30000 issued on 

December 19, 2008 (73 FR 77904), there 

was a technical error that is identified 

and corrected in this correcting 

amendment. The correction in this 

document is effective April 24, 2009. 

II. Summary of Error in the Regulations 

Text 

On page 77950 of the final rule, we 

made a technical error in the regulation 

text of § 447.299(c)(16). In this 

paragraph, the text provides a narrative 

description of how ‘‘total annual 

uncompensated care costs’’ are to be 

calculated from component data 

elements. The first sentence accurately 

names the component data elements 

and correctly describes the calculation. 

The last sentence attempts to condense 

the previous sentence by substituting 

references for component data elements 

as identified in previous paragraphs of 

§ 447.299(c). However, the references 

are unintentionally incorrect. 

The last sentence of the original final 

text indicates that the sum of paragraphs 

(c)(11) and (c)(15) should be subtracted 

from (c)(9), (c)(12), and (c)(13). This 

calculation would sum Medicaid 

uncompensated care costs and total 

uninsured inpatient and outpatient 

uncompensated care costs, then subtract 

this total from the sum of total Medicaid 

inpatient and outpatient payments, 

uninsured inpatient and outpatient 

revenue, and total applicable Section 

1011 payments. This calculation is 

incorrect and could not be interpreted 

reasonably to result in ‘‘total annual 

uncompensated care costs’’. 

Additionally, it erroneously contradicts 

section 1923(g) of the Social Security 

Act (the Act), § 447.299 and § 455 

subpart D, and longstanding CMS 

policy. 

The corrected text of the last sentence 

should read as follows: ‘‘This should 

equal the sum of paragraphs (c)(9), 

(c)(12), and (c)(13) subtracted from the 

sum of paragraphs (c)(10) and (c)(14) of 

this section.’’ This correction includes 

the correct references necessary to 

calculate accurately ‘‘total 

uncompensated care costs’’ consistent 

with section 1923(g) of the Act, 

§ 447.299 and § 455 Subpart D, and 

longstanding CMS policy. 

IV. Waiver of Proposed Rulemaking 

and Delay in 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. 

This action merely corrects a 

technical error in the December 19, 2008 

final rule. We are not changing the 

policy contained in that rule, and 

further public comment is unnecessary. 

Therefore, we find there is good cause 

to waive notice and comment 

procedures and the 30-day delay in 

effective date for this action. 

List of Subjects in 42 CFR Part 447 

Accounting, Administrative practice 

and procedure, Drugs, Grant programshealth, Health facilities, Health 

professions, Medicaid, Reporting and 

recordkeeping requirements, and Rural 

areas. 

■ Accordingly, 42 CFR chapter IV is 

corrected by making the following 

correcting amendment to part 447: 

PART 447—PAYMENTS FOR 

SERVICES 

■ 1. The authority citation for part 447 

continues to read as follows: 

Authority: Secs. 1102 of the Social 

Security Act (42 U.S.C. 1302). 

■ 2. Section 447.299 is amended by 

revising paragraph (c)(16) to read as 

follows: 

§ 447.299 Reporting Requirements 

(c) * * * 

(16) Total annual uncompensated 

care costs. The total annual 

uncompensated care cost equals the 

total cost of care for furnishing inpatient 

hospital and outpatient hospital services 

to Medicaid eligible individuals and to 

individuals with no source of third 

party coverage for the hospital services 

they receive less the sum of regular 

Medicaid FFS rate payments, Medicaid 

managed care organization payments, 

supplemental/enhanced Medicaid 

payments, uninsured revenues, and 

Section 1011 payments for inpatient and 

outpatient hospital services. This 

should equal the sum of paragraphs 

(c)(9),(c)(12), and (c)(13) subtracted from 

the sum of paragraphs (c)(10) and (c)(14) 

of this section. 

(Catalog of Federal Domestic Assistance 

Program No. 93.778, Medical Assistance 

Program) 

Dated: April 13, 2009. 

Ashley Files Flory, 

Acting Executive Secretary to the Department. 

[FR Doc. E9–9232 Filed 4–23–09; 8:45 am] 

BILLING CODE 4120–01–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 300 

[Docket No. 0812311655–9645–03] 

RIN 0648–AX44 

Pacific Halibut Fisheries; Catch 

Sharing Plan; Correction 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Final rule; correction. 

SUMMARY: This action corrects the text of 

a final rule published on March 19, 

2009, that implemented annual 

management measures governing the 

Pacific halibut fishery. This final rule 

established season dates off of Alaska, 

Washington, Oregon and California. 

This action is necessary to correct errors 

in dates listed in the areas from 

Leadbetter Point, WA to Cape Falcon, 

OR and from Cape Falcon to Humbug 

Mountain, OR. 

DATES: Effective April 24, 2009. 

FOR FURTHER INFORMATION CONTACT: 

Sarah Williams, 206–526–4646. 

SUPPLEMENTARY INFORMATION: A final 

rule published March 19, 2009 (74 FR 

11681), included annual management 

measures for managing the harvest of 

Pacific halibut (Hippoglossus 


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