Federal Register / Vol. 66, No. 10 / Tuesday, January 16, 2001 / Rules and Regulations 3497

Contaminant EPA ASTM 3 SM 4 18th and 19th

ed. SM4 20th ed. Other

2 200.9 3111 B

.............. 3113 B

6. Manganese ...................................................................... 2 200.7 3120 B 3120 B

2 200.8 3111 B

2200.9 3113 B

7. Odor ................................................................................. .............. 2150 B 2150 B

8. Silver ................................................................................ 2200.7 3120 B 3120 B 5 I–3720–85 2 200.8 3111 B

2 200.9 3113 B

9. Sulfate .............................................................................. 1 300.0 D4327–97 4110 B 4110 B

1 375.2 4500–SO4

2· F 4500–SO42· F

.............. 4500–SO4

2· C, D 4500–SO42· C, D

.............. D516–90 4500–SO4

2· E 4500–SO42· E

10. Total Dissolved Solids ................................................... .............. 2540 C 2540 C

11. Zinc ................................................................................ 2 200.7 3120 B 3120 B

2 200.8 3111 B

1 ‘‘Methods for the Determination of Inorganic Substances in Environmental Samples’’, EPA/600/R–93–100, August 1993. Available at NTIS,

PB94–120821. 2 ‘‘Methods for the Determination of Metals in Environmental Samples—Supplement I’’, EPA/600/R–94–111, May 1994. Available at NTIS, PB

95–125472. 3Annual Book of ASTM Standards, 1994, 1996, or 1999, Vols. 11.01 and 11.02, American Society for Testing and Materials; any year containing the cited version of the method may be used. Copies may be obtained from the American Society for Testing and Materials, 100 Barr

Harbor Drive, West Conshohocken, PA 19428. 4Standard Methods for the Examination of Water and Wastewater, 18th edition (1992), 19th edition (1995), or 20th edition (1998). American

Public Health Association, 1015 Fifteenth Street, NW., Washington, DC 20005. The cited methods published in any of these three editions may

be used, except that the versions of 3111 B, 3111 D, and 3113 B in the 20th edition may not be used. 5 Method I–3720–85, Techniques of Water Resources Investigation of the U.S. Geological Survey, Book 5, Chapter A–1, 3rd ed., 1989; Available from Information Services, U.S. Geological Survey, Federal Center, Box 25286, Denver, CO 80225–0425.

[FR Doc. 01–178 Filed 1–12–01; 8:45 am]

BILLING CODE 6560–50–P

DEPARTMENT OF HEALTH AND

HUMAN SERVICES

Health Care Financing Administration

42 CFR Parts 411, 413, and 489

[HCFA–1112–CN]

RIN 0938–AJ93

Medicare Program; Prospective

Payment System and Consolidated

Billing for Skilled Nursing Facilities—

Update; Correction

AGENCY: Health Care Financing

Administration (HCFA), HHS.

ACTION: Correction notice.

SUMMARY: This document corrects

technical errors that appeared in the

final rule published in the Federal

Register on July 31, 2000 entitled,

‘‘Medicare Program; Prospective

Payment System and Consolidated

Billing for Skilled Nursing Facilities—

Update.’’

EFFECTIVE DATE: This correction is

effective October 1, 2000, except for

certain wage index corrections that are

effective December 1, 2000.

FOR FURTHER INFORMATION CONTACT: Bill

Ullman (410) 786–5667 or Susan Burris

(410) 786–6655.

SUPPLEMENTARY INFORMATION:

Background

In the July 31, 2000 final rule entitled,

‘‘Prospective Payment System and

Consolidated Billing for Skilled Nursing

Facilities’’ (FR Doc. 00–19004, July 31,

2000), there were several technical

errors in the preamble.

In the first column of Tables 3

through 6 of the preamble there was a

typographical error. We are correcting

the heading of the column from ‘‘RUG

IV category’’ to ‘‘RUG III category.’’

We are also correcting several SNF

PPS wage index values as published in

Tables 7 and 8. Specifically, effective

October 1, 2000, in Table 7, the wage

index value for the AllentownBethlehem-Easton, PA MSA (area 0240)

is corrected from 1.0040 to 0.9925 and

the wage index value for the Kansas

City, KS–MO MSA (area 3760) is

corrected from 0.9498 to 0.9509.

Effective December 1, 2000, in Table

7, the wage index value for the

Alexandria, LA MSA (area 0220) is

corrected from 0.8151 to 0.8123, the

wage index value for the Kansas City,

KS–MO MSA (area 3760) is corrected

again from 0.9509 (as corrected in the

previous paragraph) to 0.9527, and, in

Table 8, the wage index value for rural

LA (area 19) is corrected from 0.7668 to

0.7681.

In accordance with our longstanding

policies, these technical and tabulation

errors are being corrected prospectively,

effective on the dates noted above. This

correction notice conforms the

published SNF PPS wage index values

to the prospectively revised values.

We are also taking this opportunity to

provide a correction regarding the

applicable time period to which a

special market basket inflation factor is

to be applied for certain providers that

participated in the Multistate Nursing

Home Case-Mix and Quality

Demonstration (NHCMQD), the

demonstration project that served as the

forerunner to the national skilled

nursing facility (SNF) prospective

payment system (PPS). In the May 12,

1998 SNF PPS interim final rule (63 FR

26288), we explained that for those

providers that received payment under

the NHCMQD during a cost reporting

period that began in calendar year 1997,

we derived a special market basket

index inflation factor of 1.031532. We

used this factor to adjust the 1997 costs

to the midpoint of the rate setting period

in calculating their facility-specific rate.

The May 1998 interim final rule

indicated that the initial rate setting

period (which applied to those

providers beginning their first cost

reporting period under the SNF PPS)

encompassed the 15-month period from

July 1, 1998, to September 30, 1999.

Under the statute’s phased transition

from facility-specific to full Federal

rates, this inflation factor was to be

successively updated for the second and

third cost reporting periods under the

SNF PPS. However, for demonstration

providers beginning their second cost

reporting period under the SNF PPS, the

3498 Federal Register / Vol. 66, No. 10 / Tuesday, January 16, 2001 / Rules and Regulations

July 30, 1999 SNF PPS update notice (64

FR 41697) inadvertently included the

same inflation factor of 1.031532 that

had been displayed for the first cost

reporting period in the May 1998

interim final rule, along with the same

time period of July 1, 1998, to

September 30, 1999. Although a

subsequent correction notice published

in the Federal Register on October 5,

1999 (64 FR 54030) provided the correct

inflation factor of 1.062244 for the

second cost reporting period, it did not

make a similar correction to the

applicable time period.

Further, while the July 2000 final rule

(65 FR 46787) did update both the

inflation factor (1.105788) and the

applicable time period (October 1, 2000,

to September 30, 2001) for these

demonstration providers, the latter

change failed to reflect that it is possible

for such a provider to begin its third cost

reporting period under the SNF PPS as

early as July 1, 2000. Accordingly, we

are hereby correcting the start date for

the demonstration providers for the

applicable time period that was

displayed in the 2000 final rule, from

October 1, 2000, to July 1, 2000.

In addition, there was an error in the

Regulatory Impact Analysis, section VI

of the preamble, that resulted in two

columns of incorrect figures displayed

in the impact analysis table. Based on

the correct percent changes in the two

columns, some dollar figures and

percentages mentioned throughout the

preamble are also in error.

Specifically, on pages 46793 and

46794, column 3, we referenced $3.1

billion as the aggregate increase in

payments associated with this final rule;

however, we made a technical error in

our calculation and the correct number

is $2.6 billion. Additionally, in this

section (page 46795, column 3), we

made another technical error in our

calculation that the payments will

increase by 21.8 percent. The correct

figure is 18.3 percent.

Accordingly, we are reprinting Table

11 of the preamble (64 FR 46795),

entitled ‘‘Projected Impact of FY 2001

Update to the SNF PPS,’’ with the

corrected figures displayed in the last

two columns of the table and a corrected

figure for the total number of facilities.

Further, we note that Table 11 presents

the projected effects of the policy

changes in the SNF PPS from FY 2000

to FY 2001, as well as statutory changes

effective for FY 2001 for SNFs. As such,

these corrections do not represent any

changes to the policies set forth in the

final rule.

The corrections appear in this

document under the heading

‘‘Correction of Errors.’’ The provisions

in this correction notice are effective as

if they had been included in the

document published in the Federal

Register on July 31, 2000, that is, as of

October 1, 2000, except for those wage

index value corrections that we

specifically noted to be effective as of

December 1, 2000.

Correction of Errors

In FR Doc. 00–19004 of July 31, 2000

(64 FR 46770), we are making the

following corrections:

Corrections to Preamble

1. In the first column of Table 3 (on

pages 46775–76), Table 4 (on pages

46776–77), Table 5 (on pages 46777–78),

and Table 6 (on page 46778), the

column heading is revised to read ‘‘RUG

III category’’.

2. On page 46779, in column 2, the

entry of ‘‘0.8151’’ for Alexandria, LA,

under ‘‘Wage Index for Urban Areas’’ is

revised by adding ‘‘0.8123 (effective

December 1, 2000)’’.

3. On page 46779, in column 3, the

entry of ‘‘1.0040’’ for AllentownBethlehem-Easton, PA, under ‘‘Wage

Index for Urban Areas’’ is revised to

read ‘‘0.9925’’.

4. On page 46782, in column 2, the

entry of ‘‘0.9498’’ for Kansas City, KS–

MO, under ‘‘Wage Index for Urban

Areas’’ is revised to read ‘‘0.9509’’.

5. On page 46782, in column 2, the

revised entry of ‘‘0.9509’’ for Kansas

City KS–MO, under ‘‘Wage Index for

Urban Areas’’ is further revised by

adding ‘‘0.9527 (effective December 1,

2000)’’.

6. On page 46785, in column 3, the

entry of ‘‘0.7668’’ for Louisiana, under

‘‘Wage Index for Rural Areas’’ is revised

by adding ‘‘0.7681 (effective December

1, 2000)’’.

7. On page 46787, in column 2, first

full paragraph, the last sentence is

revised to read: ‘‘In addition, we derive

a special market basket inflation factor,

which is 1.105788, to adjust the 1997

costs to the midpoint of the rate setting

period (July 1, 2000 to September 30,

2001.)’

8. On page 46793, in column 3,

section VI, Regulatory Impact Analysis,

paragraph 2, the third sentence is

revised to read: ‘‘This final rule is a

major rule as defined in Title 5, United

States Code, section 804(2), because we

estimate its impact will be to increase

the payments to SNFs by approximately

$2.6 billion in FY 2001.’’

9. On page 46794, in column 3, first

full paragraph, the first sentence is

revised to read: ‘‘As stated previously in

this rule, the aggregate increase in

payments associated with this final rule

is estimated to be $2.6 billion.’’

10. On page 46795, in column 3, first

full paragraph, the third sentence is

revised to read: ‘‘It is assumed that

payments will increase by 18.3 percent

in total, assuming facilities do not

change their care delivery and billing

practices in response.’’

11. Table 11 (Projected Impact of FY

2001 Update to the SNF PPS) is

corrected as set forth below.

TABLE 11.—PROJECTED IMPACT OF FY 2001 UPDATE TO THE SNF PPS

Number of

facilities

Transition to

Federal

rates

(percent)

Add on to

Federal

rates

(percent)

Update

change

(percent)

Wage index

change

(percent)

20 (percent)

add on

Total FY

2001

change

(percent)

Total ......................................................... 9037 4.2 3.5 2.3 0.0 7.2 18.3

Urban ....................................................... 6300 3.6 3.5 2.3 ¥0.1 7.1 17.4

Rural ......................................................... 2737 7.1 3.7 2.2 0.8 7.7 23.2

Hospital based urban ............................... 683 ¥4.5 3.0 2.4 0.0 6.8 7.6

Freestanding urban .................................. 5617 5.1 3.6 2.3 ¥0.1 7.2 19.3

Hospital based rural ................................. 533 2.0 3.4 2.3 0.9 8.7 18.3

Freestanding rural .................................... 2204 8.2 3.7 2.2 0.7 7.5 24.1

Urban by region:

New England ............................................ 630 10.5 3.8 2.2 ¥0.8 7.8 25.4

Middle Atlantic .......................................... 877 14.3 3.8 2.2 ¥0.3 9.0 31.8

South Atlantic ........................................... 959 ¥0.4 3.3 2.3 ¥0.4 6.2 11.3

East North Central ................................... 1232 6.1 3.6 2.2 0.4 7.0 20.7

Federal Register / Vol. 66, No. 10 / Tuesday, January 16, 2001 / Rules and Regulations 3499

TABLE 11.—PROJECTED IMPACT OF FY 2001 UPDATE TO THE SNF PPS—Continued

Number of

facilities

Transition to

Federal

rates

(percent)

Add on to

Federal

rates

(percent)

Update

change

(percent)

Wage index

change

(percent)

20 (percent)

add on

Total FY

2001

change

(percent)

East South Central ................................... 212 1.9 3.5 2.3 ¥0.7 6.9 14.5

West North Central .................................. 469 3.6 3.5 2.3 0.4 6.7 17.5

West South Central .................................. 519 ¥5.2 3.0 2.4 1.0 6.3 7.3

Mountain .................................................. 303 ¥4.0 3.1 2.4 0.0 4.8 6.2

Pacific ....................................................... 1070 ¥2.3 3.2 2.4 ¥0.5 6.9 9.8

Rural by region:

New England ............................................ 88 14.4 3.9 2.2 ¥0.9 8.4 30.5

Middle Atlantic .......................................... 144 13.1 3.9 2.2 0.0 9.0 30.9

South Atlantic ........................................... 373 5.3 3.6 2.2 1.1 8.0 21.7

East North Central ................................... 561 9.2 3.7 2.2 1.0 7.4 25.5

East South Central ................................... 255 4.2 3.6 2.3 0.6 8.8 20.9

West North Central .................................. 581 11.1 3.7 2.2 0.8 8.3 28.5

West South Central .................................. 354 1.2 3.4 2.3 1.1 6.9 15.7

Mountain .................................................. 204 3.3 3.5 2.3 0.7 6.4 17.2

Pacific ....................................................... 151 3.2 3.5 2.3 0.3 6.3 16.5

(Authority: Section 1888 of the Social

Security Act (42 U.S.C. 1395yy))

(Catalog of Federal Domestic Assistance

Program No. 93.773, Medicare—Hospital

Insurance; and Program No. 93.774,

Medicare—Supplementary Medical

Insurance Program)

Dated: January 2, 2001.

Brian P. Burns,

Deputy Assistant Secretary for Information

Resources Management.

[FR Doc. 01–1187 Filed 1–12–01; 8:45 am]

BILLING CODE 4120–01–P

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Part 1

[WT Docket No. 97–192; FCC 00–408]

Procedures for Reviewing Requests

for Relief from State and Local

Regulations

AGENCY: Federal Communications

Commission.

ACTION: Final rule.

SUMMARY: In this document, the

Commission addresses the issues raised

in a previous Commission Notice of

Proposed Rule Making regarding its

review of requests for relief from

impermissible State and local regulation

of personal wireless service facilities

regarding environmental effects of

radiofrequency (RF) emissions. We

establish that such requests under the

Communications Act of 1934, as

amended, shall be filed as petitions for

declaratory ruling. Further, we establish

certain required and recommended

procedures regarding the service of

pleadings and comment periods in such

proceedings. The procedures adopted

will facilitate the prompt resolution of

such while ensuring that State and local

governments have an opportunity to

respond to issues raised in the context

of these proceedings.

DATES: The rule change set forth in this

document contains an information

collection requirement that has not yet

been approved by OMB. The FCC will

publish a document in the Federal

Register announcing the effective date

of these rule changes. Comments from

the public, OMB, and other agencies on

the information collections contained in

this document are due March 19, 2001.

ADDRESSES: A copy of any comments on

the information collections contained

herein should be submitted to Judy

Boley, Federal Communications

Commission, Room 1–C804, 445 12th

Street, SW., Washington, DC 20554, or

via the Internet to jboley@fcc.gov, and to

Edward C. Springer, OMB Desk Officer,

Room 10236 NEOB, 725 17th Street,

NW., Washington, DC 20503 or via the

Internet to

edward.springer@omb.eop.gov.

FOR FURTHER INFORMATION CONTACT: Joel

Taubenblatt at (202) 418–1513 (Wireless

Telecommunications Bureau). For

additional information concerning the

information collection contained in this

document, contact Judy Boley at 202–

418–0214, or via the Internet at

jboley@fcc.gov.

SUPPLEMENTARY INFORMATION: This is a

summary of the Report and Order in WT

Docket No. 97–192 (the ‘‘R&O’’), FCC

00–408, adopted November 13, 2000

and released November 17, 2000. The

complete text of the document is

available for inspection and copying

during normal business hours in the

FCC Reference Center, 445 12th Street,

SW., Washington, DC, and also may be

purchased from the Commission’s copy

contractor, International Transcription

Services, (202) 857–3800, 445 12th

Street, SW., CY–B400, Washington, DC

20554. The full text of this R&O is also

available via the Internet at http://

www.fcc.gov/Bureaus/Wireless/Orders/

2000/fcc00408.doc.

Paperwork Reduction Act

This R&O contains a new information

collection. Specifically, the Report and

Order amends Note 1 to paragraph (a) of

47 CFR .1206 of the Commission’s rules

so that the expanded service

requirements set forth in that note apply

to petitions filed pursuant to 47 U.S.C.

332(c)(7)(B)(v) (i.e., petitions for relief

from impermissible State and local

regulation of personal wireless service

facilities on the basis of RF emissions).

Thus, petitioners seeking relief under 47

U.S.C. 332(c)(7)(B)(v) must serve a copy

of such petitions on those State and

local governments that are the subject of

the petitions as well as on those State

and local governments otherwise

specifically identified in the petitions

whose actions petitioners argue are

inconsistent with federal law.

The Commission, as part of its

continuing effort to reduce paperwork

burdens, invites the general public,

Office of Management and Budget

(OMB), and other federal agencies to

comment on the information

collection(s) contained in this R&O as

required by the Paperwork Reduction

Act of 1995, Public Law 104–13. It will

be submitted to the OMB for review

under Section 3507(d) of the PRA.

Public, OMB, and other agency

comments are due March 19, 2001.

Comments should address: (a) Whether

the new collection of information is

necessary for the proper performance of

the functions of the Commission,