33136 Federal Register / Vol. 86, No. 119 / Thursday, June 24, 2021 / Rules and Regulations 

the inpatient only (IPO) list as of 

December 31, 2020, which is codified at 

42 CFR 416.166(b)(2)(ii)(A). Therefore, 

we erroneously suggested that total 

ankle replacement (TAR) is on the list 

of ASC covered surgical procedures and 

can be paid for by Medicare when 

performed in the ASC, whereas TAR is 

actually subject to the exception at 

§ 416.166(b)(2)(ii)(A) and is not paid for 

by Medicare when performed in the 

ASC. We are revising that paragraph in 

the preamble to state that total knee 

arthroplasty (TKA) and total hip 

arthroplasty (THA) are both on the ASC 

covered surgical procedures list, and we 

are deleting the reference to TAR. 

III. Waiver of Proposed Rulemaking 

and Delay in Effective Date 

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

Administrative Procedure Act (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. Specifically, 5 

U.S.C. 553 requires the agency to 

publish a notice of the proposed rule in 

the Federal Register that includes a 

reference to the legal authority under 

which the rule is proposed, and the 

terms and substance of the proposed 

rule or a description of the subjects and 

issues involved. Further, 5 U.S.C. 553 

requires the agency to give interested 

parties the opportunity to participate in 

the rulemaking through public comment 

before the provisions of the 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 for rulemaking to carry out the 

administration of the Medicare program 

under title XVIII of the Act. 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 notice 

and comment and delay in effective date 

APA requirements. In cases in which 

these exceptions apply, sections 

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

Act, also provide exceptions from the 

notice and 60-day comment period and 

delay in effective date requirements of 

the Act. Section 553(b)(B) of the APA 

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

authorize an agency to dispense with 

normal rulemaking requirements for 

good cause if the agency makes a 

finding that the notice and comment 

process are impracticable, unnecessary, 

or contrary to the public interest. In 

addition, both 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 an agency includes a statement of 

support. 

We believe that this correcting 

document does not constitute a rule that 

would be subject to the notice and 

comment or delayed effective date 

requirements of the APA or section 1871 

of the Act. This correcting document 

corrects technical errors in the preamble 

of the final rule but does not make 

substantive changes to the policies that 

were adopted in the final rule. As a 

result, this correcting document is 

intended to ensure that the information 

in the final rule accurately reflects 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 to ensure that the final 

rule accurately reflects our policies. 

Furthermore, such procedures would be 

unnecessary, as we are not altering 

payment eligibility or benefit 

methodologies or policies, but rather, 

simply correcting the preamble 

description of policies that we 

previously proposed, received comment 

on, and subsequently finalized. This 

correcting document is intended solely 

to ensure that the final rule accurately 

reflects these policies. Therefore, we 

believe we have good cause to waive the 

requirements for notice and comment 

and delay of effective date. 

IV. Correction of Errors 

In FR Doc. 2021–09097 of May 3, 

2021 (86 FR 23496), make the following 

corrections: 

1. On page 23553, second column, 

first partial paragraph, 

a. Lines 6 through 11, the phrase 

‘‘remove TAR and certain other 

orthopedic procedures from the IPO list 

and allow all procedures not on the IPO 

list to be paid when furnished in both 

the outpatient hospital and ASC 

settings’’ is corrected to read ‘‘add THAs 

to the ASC covered procedures list’’. 

b. Lines 11 through 13, the phrase ‘‘all 

procedures included in the CJR model 

can, as of CY 2021, be performed in the 

ASC setting’’ is corrected to read ‘‘both 

TKA and THA may, as of CY 2021, be 

paid for by Medicare when furnished in 

the ASC setting’’. 

c. Line 15, the phrase ‘‘hospital 

setting is corrected to read ‘‘hospital 

settings.’’ 

Karuna Seshasai, 

Executive Secretary to the Department, 

Department of Health and Human Services. 

[FR Doc. 2021–13324 Filed 6–23–21; 8:45 am] 

BILLING CODE 4150–28–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 51 

[WC Docket No. 18–156; FCC 20–143; FRS 

#33399] 

8YY Charge Reform 

AGENCY: Federal Communications 

Commission. 

ACTION: Final rule; announcement of 

effective date. 

SUMMARY: In this document, the 

Commission announces that the Office 

of Management and Budget (OMB) has 

approved, for a period of three years, the 

information collection associated with 

the Commission’s 8YY Charge Reform 

Report and Order (Order)’s toll free or 

8YY intercarrier compensation rules. 

This document is consistent with the 

Order, which stated that the 

Commission would publish a document 

in the Federal Register announcing the 

effective date of those rules. 

DATES: The amendments to §§ 51.907(i) 

through (k) (instruction 4), 51.909(l) 

through (o) (instruction 5), and 

51.911(e) (instruction 6.b), published at 

85 FR 75894, November 27, 2020, are 

effective June 24, 2021. 

FOR FURTHER INFORMATION CONTACT: 

Ahuva Battams, Pricing Policy Division, 

Wireline Competition Bureau, at (202) 

418–1565, or email: ahuva.battams@

fcc.gov. 

SUPPLEMENTARY INFORMATION: This 

document announces that, on May 13, 

2021, OMB approved, for a period of 

three years, the information collection 

requirements relating to the 8YY 

intercarrier compensation rules 

contained in the Commission’s Order, 

FCC 20–143, published at 85 FR 75894. 

The OMB Control Number is 3060– 

0298. The Commission publishes this 

document as an announcement of the 

effective date of the rules. If you have 

any comments on the burden estimates 

listed below, or how the Commission 

can improve the collections and reduce 

any burdens caused thereby, please 

contact Nicole Ongele, Federal 

Communications Commission, 45 L St. 

NE, Washington, DC 20554. Please 


khammond on DSKJM1Z7X2PROD with RULES
Federal Register / Vol. 86, No. 119 / Thursday, June 24, 2021 / Rules and Regulations 33137 

include the OMB Control Number, 

3060–0298, in your correspondence. 

The Commission will also accept your 

comments via email at PRA@fcc.gov. 

To request materials in accessible 

formats for people with disabilities 

(Braille, large print, electronic files, 

audio format), send an email to fcc504@

fcc.gov or call the Consumer and 

Governmental Affairs Bureau at (202) 

418–0530 (voice), (202) 418–0432 

(TTY). 

Synopsis 

As required by the Paperwork 

Reduction Act of 1995 (44 U.S.C. 3507), 

the FCC is notifying the public that it 

received final OMB approval on May 13, 

2021, for the information collection 

requirements contained in the 

modifications to the Commission’s rules 

in 47 CFR part 51. 

Under 5 CFR part 1320, an agency 

may not conduct or sponsor a collection 

of information unless it displays a 

current, valid OMB Control Number. 

No person shall be subject to any 

penalty for failing to comply with a 

collection of information subject to the 

Paperwork Reduction Act that does not 

display a current, valid OMB Control 

Number. The OMB Control Number is 

3060–0298. 

The foregoing notice is required by 

the Paperwork Reduction Act of 1995, 

Public Law 104–13, October 1, 1995, 

and 44 U.S.C. 3507. 

The total annual reporting burdens 

and costs for the respondents are as 

follows: 

OMB Control Number: 3060–0298. 

OMB Approval Date: May 13, 2021. 

OMB Expiration Date: May 31, 2024. 

Title: Part 61, Tariffs (Other than 

Tariff Review Plan). 

Form Number: N/A. 

Respondents: Businesses or other forprofit entities. 

Number of Respondents and 

Responses: 2,925 respondents; 9,585 

responses. 

Estimated Time per Response: 1–50 

hours. 

Frequency of Response: One-time, 

biennial and on-occasion reporting 

requirements. 

Obligation To Respond: Required to 

obtain or retain benefits. The statutory 

authority for this information collection 

is contained in sections 1–5, 201–205, 

208, 251–271, 403, 502, and 503 of the 

Communications Act of 1934, as 

amended, 47 U.S.C. 151–155, 201–205, 

208, 251–271, 403, 502 and 503. 

Total Annual Burden: 244,477 hours. 

Total Annual Cost: $1,584,000. 

Nature and Extent of Confidentiality: 

Respondents are not being asked to 

submit confidential information to the 

Commission. If the Commission 

requests respondents to submit 

information which respondents believe 

is confidential, respondents may request 

confidential treatment of such 

information under 47 CFR 0.459 of the 

Commission’s rules. 

Privacy Act: No impact(s). 

Needs and Uses: Sections 201, 202, 

203, 204 and 205 of the 

Communications Act of 1934, (Act) as 

amended, 47 U.S.C. 201, 202, 203, 204 

and 205, require that common carriers 

establish just and reasonable charges, 

practices, and regulations, which must 

be filed with the Commission to 

determine whether such schedules are 

just, reasonable and not unduly 

discriminatory. On October 9, 2020, the 

Commission released the Order, FCC 

20–143, published at 85 FR 75894, 

which transitions intercarrier 

compensation for toll-free services 

either to lower, uniform rate caps or to 

bill-and-keep over approximately three 

years as a means of curtailing abuse of 

the 8YY intercarrier compensation 

regime. The Order requires price cap 

and rate-of-return carriers to establish 

separate rate elements for certain 

interstate and intrastate toll free and 

non-toll free services. Carriers are also 

required to lower the 8YY database 

query charges over three years, and are 

prohibited from charging for more than 

one query per call. Competitive local 

exchange carriers (LECs) assessing a 

tariffed intrastate or interstate Toll Free 

Database Query Charge must cap such 

charges and revise their tariffs to ensure 

that those charges do not exceed the 

rates charged by the competing 

incumbent LEC. 

The information collected through 

carriers’ tariffs is used by the 

Commission and state commissions to 

determine whether services offered are 

just and reasonable, as the Act requires. 

The tariffs and any supporting 

documentation are examined in order to 

determine if the services are offered in 

a just and reasonable manner. 

Federal Communications Commission. 

Marlene Dortch, 

Secretary. 

[FR Doc. 2021–13213 Filed 6–23–21; 8:45 am] 

BILLING CODE 6712–01–P 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

50 CFR Part 17 

[Docket No. FWS–R6–ES–2019–0055; 

FF09E22000 FXES11130900000 201] 

RIN 1018–BD49 

Endangered and Threatened Wildlife 

and Plants; Removing the Kanab 

Ambersnail From the List of 

Endangered and Threatened Wildlife 

AGENCY: Fish and Wildlife Service, 

Interior. 

ACTION: Final rule. 

SUMMARY: We, the U.S. Fish and 

Wildlife Service (Service), are removing 

the Kanab ambersnail (Oxyloma 

haydeni kanabensis) from the Federal 

List of Endangered and Threatened 

Wildlife. This determination is based on 

a thorough review of the best available 

scientific information. Our review 

indicates that the Kanab ambersnail is 

not a valid subspecies and therefore 

cannot be listed as an endangered entity 

under the Endangered Species Act. 

DATES: This rule is effective July 26, 

2021. 

ADDRESSES: This final rule, the 

supporting documents we used in 

preparing this rule, and public 

comments we received are available on 

the internet at http://

www.regulations.gov at Docket No. 

FWS–R6–ES–2019–0055. Persons who 

use a telecommunications device for the 

deaf may call the Federal Relay Service 

at 800–877–8339. 

FOR FURTHER INFORMATION CONTACT: 

Yvette Converse, Field Supervisor, 

telephone: 801–975–3330. Direct all 

questions or requests for additional 

information to: Kanab Ambersnail 

Questions, U.S. Fish and Wildlife 

Service; Utah Ecological Services Field 

Office; 2369 Orton Circle, Suite 50; West 

Valley City, Utah 84119. Persons who 

use a telecommunications device for the 

deaf may call the Federal Relay Service 

at 800–877–8339. 

SUPPLEMENTARY INFORMATION: 

Previous Federal Actions 

On November 15, 1991, we proposed 

to list the Kanab ambersnail as an 

endangered species (56 FR 58020). The 

species’ habitat was greatly reduced in 

size and the population declined, due to 

preparations for anticipated 

development. On April 17, 1992, we 

published a final rule listing the Kanab 

ambersnail as an endangered species (57 

FR 13657), but as explained in that rule, 


khammond on DSKJM1Z7X2PROD with RULES