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 


tjames on PRODPC75 with RULES
18658 Federal Register / Vol. 74, No. 78 / Friday, April 24, 2009 / Rules and Regulations 

stenolepis) in the sport fishery in 

International Pacific Halibut 

Commission (IPHC) Regulatory Area 2A 

off of Washington, Oregon and 

California. This correcting amendment 

revises the season dates in the two areas 

from Leadbetter Point, WA to Cape 

Falcon, OR and from Cape Falcon to 

Humbug Mountain, OR. 

Need for Correction 

The final rule (74 FR 11681), Section 

26, Sport Fishing for Halibut-Area 2A, 

describes dates and days of the week for 

sport fishing for halibut off Washington, 

Oregon, and California. Three of the 

dates published for the area from 

Leadbetter Point, WA to Cape Falcon, 

OR (section 8(d)) were inconsistent with 

the days of the week and several dates 

published for the area from Cape Falcon 

to Humbug Mountain, OR (section 8(e)) 

were inconsistent with the days of the 

week and one week later than the dates 

as adopted by the Pacific Fishery 

Management Council. On page 11693, in 

paragraph (8)(d)(i), the changes are as 

follows: 

(1) July 19 is corrected to July 18, 

(2) August 1 is corrected to August 7, 

(3) September 30 is corrected to 

September 27. 

The corrected paragraph reads as 

follows: 

The fishing season commences on 

May 1, and continues 3 days a week 

(Thursday through Saturday) until 

11,014 lb (4.9 mt) are estimated to have 

been taken and the season is closed by 

the Commission or until July 18, 

whichever is earlier. The fishery will 

reopen on August 7 and continue 3 days 

a week (Friday through Sunday) until 

4,720 lb (2.1 mt) have been taken and 

the season is closed by the Commission, 

or until September 27, whichever is 

earlier. Subsequent to this closure, if 

there is insufficient quota remaining in 

the Columbia River subarea for another 

fishing day, then any remaining quota 

may be transferred in-season to another 

Washington and/or Oregon subarea by 

NMFS via an update to the recreational 

halibut hotline. Any remaining quota 

would be transferred to each state in 

proportion to its contribution. 

On page 11694, three sets of dates 

were listed incorrectly in paragraph 

(8)(e)(i)(C). The corrections are as 

follows: 

(1) August 16–18 is corrected to 

August 14–16, 

(2) September 18–20 is corrected to 

September 11–13. 

(3) August 23 is deleted as a day after 

which additional fishing will be 

evaluated. 

The corrected paragraph reads as 

follows: 

If sufficient unharvested catch 

remains, the third season (summer 

season), which is for the ‘‘all-depth’’ 

fishery, will be open on August 7, 8, 9, 

21, 22, 23 and September 4, 5, 6, 18, 19, 

20 and October 2, 3, 4, 16, 17, 18, 30, 

31 , or until the combined spring season 

and summer season quotas in the area 

between Cape Falcon and Humbug 

Mountain, OR, totaling165,681 lb (75.1 

mt), are estimated to have been taken 

and the area is closed by the 

Commission, or October 31, whichever 

is earlier. NMFS will announce on the 

NMFS hotline in July whether the 

fishery will re-open for the summer 

season in August. No halibut fishing 

will be allowed in the summer season 

fishery unless the dates are announced 

on the NMFS hotline. Additional fishing 

days may be opened if a certain amount 

of quota remains after August 9. If after 

August 9, greater than or equal to 60,000 

lb (27.2 mt) remains in the combined 

all-depth and inside 40–fm (73–m) 

quota, the fishery may re-open every 

Friday through Sunday, beginning 

August 14–16, and ending October 31. 

If after September 6, greater than or 

equal to 30,000 lb (13.6 mt) remains in 

the combined all-depth and inside 40– 

fm (73–m) quota, and the fishery is not 

already open every Friday through 

Sunday, the fishery may re-open every 

Friday through Sunday, beginning 

September 11–13, and ending October 

31. After September 6, the bag limit may 

be increased to two fish of any size per 

person, per day. NMFS will announce 

on the NMFS hotline whether the 

summer all-depth fishery will be open 

on such additional fishing days, what 

days the fishery will be open and what 

the bag limit is. 

Classification 

Pursuant to 5 U.S.C. 553(b)(B), the 

Acting Assistant Administrator for 

Fisheries finds there is good cause to 

waive prior notice and an opportunity 

for public comment on this action, as 

notice and comment would be 

unnecessary and contrary to public 

interest. Notice and comment are 

unnecessary and contrary to the public 

interest because this action makes only 

minor changes to the dates of the fishery 

and does not alter the total number of 

days the fishery will be open. These 

corrections will not affect the results of 

analyses conducted to support 

management decisions in the halibut 

fishery nor change the total catch of 

halibut. In paragraph (8)(e)(i)(C) the 

correct dates were in the proposed rule, 

so this correction will clear up 

confusion that may be caused by the 

difference in dates between the 

proposed and final rules. In section 

(8)(d)(i), one of the dates had been 

correct in the proposed rule, and the 

other two were not. No change in 

operating practices in the fishery is 

required. For the same reasons, the 

Acting AA has determined that good 

cause exists to waive the 30–day dealy 

in effectiveness pursuant to 5 U.S.C. 

553(d). 

This final rule complies with the 

Halibut Act and the Pacific Fishery 

Management Council’s authority to 

implement allocation measures for the 

management of the halibut fishery. 

Dated: April 21, 2009. 

Samuel D. Rauch III, 

Deputy Assistant Administrator For 

Regulatory Programs, National Marine 

Fisheries Service. 

[FR Doc. E9–9446 Filed 4–23–09; 8:45 am] 

BILLING CODE 3510–22–S 


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