57158 Federal Register / Vol. 70, No. 189 / Friday, September 30, 2005 / Rules and Regulations 

Act have been implemented and that no 

further cleanup is required. The Site 

poses no significant threat to public 

health or the environment. 

Consequently, this Site no longer needs 

to be listed on the NPL; however, this 

decision does not preclude future 

actions under Superfund should they 

become necessary. 

A Remedial Action Work Plan 

(RAWP) for the implementation of longterm operation and maintenance for the 

landfill cap systems is in place. The 

Town of Batavia is required to manage 

the required operation and maintenance 

(O&M) activities in accordance with the 

RAWP. Required O&M activities include 

the long-term implementation of a semiannual groundwater monitoring 

program, periodic Site inspections, and 

regular landfill cap maintenance 

activities. The inspections are required 

to ensure and maintain the operational 

effectiveness and structural integrity of 

the Site remedy to protect human health 

and the environment. 

Institutional controls consisting of an 

easement and deed restriction limiting 

access to the Site and preventing the use 

of contaminated water as a drinking 

source were filed with the Genesee 

County Register of Deeds on June 10, 

2005. 

Public participation activities for this 

Site have been satisfied as required by 

CERCLA Section 113(k), 42 U.S.C. 

9613(k), and, CERCLA Section 117,42 

U.S.C. 9617. The RI/FS and the 1993 

and 1995 RODs were both subject to the 

public review process. All documents 

and information which EPA relied on or 

considered in reaching the conclusion 

that this Site can be deleted from the 

NPL are available for the public to 

review at the information repositories. 

The final remedy implemented at this 

Site results in contaminants remaining 

at the Site above levels that allow for 

unlimited use and unrestricted 

exposure. In accordance with CERCLA 

Section 121(c), EPA and/or NYSDEC 

will conduct a review of this remedy no 

less often than every five years. A first 

Five-Year Review Report for the Site 

was completed in June 2000. EPA has 

determined that the remedies protect 

public health and the environment and 

that they function as intended by the 

decision documents. All construction 

activities for the Site required by the 

final ROD were completed in July 2003. 

A second Five-Year Review was 

completed in September 2005. 

One of the three criteria for site 

deletion specifies that a site may be 

deleted from the NPL if ‘‘responsible 

parties or others parties have 

implemented all appropriate response 

actions required.’’ [ 40 CFR 

300.425(e)(1) (i)]. EPA, with 

concurrence of the State of New York, 

through the NYSDEC, believes that this 

criterion for deletion has been met and 

therefore, EPA is deleting this Site from 

the NPL. 

List of Subjects in 40 CFR Part 300 

Environmental protection, Air 

pollution control, Chemicals, Hazardous 

waste, Hazardous substances, 

Intergovernmental relations, Penalties, 

Reporting and recordkeeping 

requirements, Superfund, Water 

pollution control, Water supply. 

Dated: September 21, 2005. 

Alan J. Steinberg, 

Regional Administrator, U.S. EPA Region II. 

■ For the reasons set out in the 

preamble Part 300 Title 40 of Chapter I 

of the Code of Federal Regulations is 

amended as follows: 

PART 300—[AMENDED] 

■ The authority citation for Part 300 

continues to read as follows: 

Authority: 33 U.S.C. 1321(c)(2); 42 U.S.C. 

9601–9657; E.O. 12777, 56 FR 54757, 3 CFR, 

1991 Comp., p. 351; E.O.12580, 52 FR 2923, 

3 CFR, 1987 Comp., p. 193. 

Appendix B—[Amended] 

■ 2. Table 1 of Appendix B to Part 300 

is amended under New York (NY) by 

removing the site name ‘‘Batavia 

Landfill’’ and the corresponding city 

designation ‘‘Town of Batavia.’’

[FR Doc. 05–19613 Filed 9–29–05; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 300 

[FRL–7976–8] 

National Oil and Hazardous Substance 

Pollution Contingency Plan; National 

Priorities List 

AGENCY: Environmental Protection 

Agency. 

ACTION: Direct final notice of partial 

deletion of the Jacobs Smelter 

Superfund Site from the National 

Priorities List. 

SUMMARY: The Environmental Protection 

Agency (EPA) Region 8 is publishing a 

direct final notice of partial deletion of 

the Jacobs Smelter Superfund Site from 

the National Priorities List (NPL). 

Specifically EPA intends to delete 

Operable Unit 3 from the site, 

comprised only of soils within the 

Union Pacific Rail Road (UPRR) right-ofway in Tooele County, Utah. 

The NPL, promulgated pursuant to 

section 105 of the Comprehensive 

Environmental Response, 

Compensation, and Liability Act 

(CERCLA) of 1980, as amended, is 

appendix B of 40 CFR part 300, which 

is the National Oil and Hazardous 

Substance Pollution Contingency Plan 

(NCP). The EPA is publishing this direct 

final notice of partial deletion with the 

concurrence of the State of Utah, 

through the Utah Department of 

Environmental Quality (UDEQ) because 

the EPA has determined that all 

appropriate response actions under 

CERCLA have been completed at these 

properties and, therefore, further 

remedial action pursuant to CERCLA is 

not appropriate. 

This partial deletion pertains to 

Operable Unit 3 described in section IV 

of this document and does not alter the 

status of any other portion of the Jacobs 

Smelter Superfund Site. Operable Unit 

1 was deleted from the NPL in 2001. 

DATES: This direct final partial deletion 

will be effective November 29, 2005 

unless EPA receives adverse comments 

by October 31, 2005. If adverse 

comments are received, EPA will 

publish a timely withdrawal of the 

direct final partial deletion in the 

Federal Register informing the public 

that the partial deletion will not take 

effect. 

ADDRESSES: Comments may be mailed to 

Jennifer Lane, Community Involvement 

Coordinator, U.S. EPA Region 8 (8OC), 

999 18th Street, Suite 300, Denver, CO 

80202–2466, (303) 312–6813. 

Information Repositories: 

Comprehensive information about the 

site is available for viewing and copying 

at the site information repositories 

located at: 

U.S. Environmental Protection Agency 

Region 8 Records Center, 999 18th St., 

Suite 300, Denver, CO 80202–2466, 

Hours: Monday–Friday, 8:30 a.m. to 

4:30 p.m. 

Tooele City Public Library, 128 West 

Vine Street, Tooele, UT 84074, Hours: 

Tuesday–Friday 11 a.m. to 7:30 p.m.; 

Saturday 10:30 a.m. to 6 p.m. 

Utah Department of Environmental 

Quality, 168 North 1950 West, 1st 

Floor, Salt Lake City, UT 84116, (801) 

536–4400, Hours: Monday–Friday, 8 

a.m. to 5 p.m. 

FOR FURTHER INFORMATION CONTACT: Lisa 

Lloyd, Remedial Project Manager 

(8EPR–SR), U.S. EPA Region 8, 999 18th 

Street, Suite 300, Denver, CO 80202–

2466, (303) 312–6537. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. Introduction 

Federal Register / Vol. 70, No. 189 / Friday, September 30, 2005 / Rules and Regulations 57159 

II. NPL Deletion Criteria 

III. Deletion Procedures 

IV. Basis for Partial Site Deletion 

V. Partial Deletion Action 

I. Introduction 

EPA Region 8 is publishing this direct 

final notice of partial deletion of the 

Jacobs Smelter Superfund Site from the 

NPL. 

The EPA identifies sites that appear to 

present a significant risk to public 

health or the environment and 

maintains the NPL as the list of those 

sites. As described in § 300.425(e)(3) of 

the NCP, sites or areas within sites 

deleted from the NPL remain eligible for 

remedial actions if conditions at a 

deleted site warrant such action. 

Because EPA considers this action to 

be non-controversial and routine, EPA is 

taking it without prior publication of a 

notice of intent to partially delete. This 

action will be effective November 29, 

2005 unless EPA receives adverse 

comments by October 31, 2005 on this 

notice or the parallel notice of intent to 

partially delete published in the 

‘‘Proposed Rules’’ section of today’s 

Federal Register. If adverse comments 

are received within the 30-day public 

comment period on this document, EPA 

will publish a timely withdrawal of this 

direct final notice of partial deletion 

before the effective date of the deletion 

and the deletion will not take effect. 

EPA will, as appropriate, prepare a 

response to comments and continue 

with the partial deletion process on the 

basis of the notice of intent to partially 

delete and the comments already 

received. There will be no additional 

opportunity to comment. 

Section II of this document explains 

the criteria for deleting, or partially 

deleting, sites from the NPL. Section III 

discusses procedures that EPA is using 

for this action. Section IV discusses the 

UPRR right-of-way property that EPA 

intends to delete from the Jacobs 

Smelter Superfund Site and 

demonstrates how it meets the partial 

deletion criteria. Section V discusses 

EPA’s action to partially delete the site 

from the NPL unless adverse comments 

are received during the public comment 

period. 

II. NPL Deletion Criteria 

Section 300.425(e) of the NCP 

provides that releases may be deleted 

from the NPL where no further response 

is appropriate. In making a 

determination to delete, or partially 

delete, a release from the NPL, EPA 

shall consider, in consultation with the 

State, whether any of the following 

criteria have been met: 

i. Section 300.425(e)(1)(i): 

Responsible parties or other persons 

have implemented all appropriate 

response actions required; 

ii. Section 300.425(e)(1)(ii): All 

appropriate Fund-financed (Hazardous 

Substance Superfund Response Trust 

Fund) response action under CERCLA 

has been implemented and no further 

response action by responsible parties is 

appropriate; or 

iii. Section 300.425(e)(1)(iii): The 

remedial investigation has shown that 

the release poses no significant threat to 

public health or the environment and, 

therefore, the taking of remedial 

measures is not appropriate. 

Even if a site is partially deleted from 

the NPL, if hazardous substances, 

pollutants or contaminants remain in 

place at the deleted portion of the site 

above levels that allow for unlimited 

use and unrestricted exposure, CERCLA 

section 121(c), 42 U.S.C. 9621(c), 

requires that a subsequent review be 

conducted at least every five years after 

the initiation of the remedial action at 

the deleted portion of the site to ensure 

that the action remains protective of 

public health and the environment. If 

new information becomes available 

which indicates a need for further 

action, EPA may initiate or require 

further remedial actions. Whenever 

there is a significant release from a site 

(or portion thereof) deleted from the 

NPL, the deleted area or site may be 

restored to the NPL without application 

of the hazard ranking system. 

III. Deletion Procedures 

The following procedures apply to the 

partial deletion: 

(1) The EPA consulted with the State 

of Utah on the partial deletion of the site 

from the NPL prior to developing this 

direct final notice of partial deletion. 

(2) The State of Utah concurred with 

the partial deletion of the site from the 

NPL. 

(3) Concurrently with the publication 

of this direct final notice of deletion, a 

notice of the availability of the parallel 

notice of intent to partially delete was 

published today in the ‘‘Proposed 

Rules’’ section of the Federal Register, 

is being published in a major local 

newspaper of general circulation at or 

near the site and is being distributed to 

appropriate federal, state and local 

government officials and other 

interested parties; the newspaper notice 

announces the 30-day public comment 

period concerning the notice of intent to 

partially delete the site from the NPL. 

(4) The EPA placed copies of 

documents supporting the deletion of 

these properties in the site information 

repositories identified above. 

(5) If adverse comments are received 

within the 30-day public comment 

period on this document, EPA will 

publish a timely notice of withdrawal of 

this direct final notice of partial deletion 

before its effective date and will prepare 

a response to comments and continue 

with the deletion process on the basis of 

the notice of intent to delete and the 

comments already received. 

Deletion or partial deletion of a site 

from the NPL does not itself create, alter 

or revoke any individual’s rights or 

obligations. Deletion or partial deletion 

of a site from the NPL does not in any 

way alter EPA’s right to take 

enforcement actions as appropriate. The 

NPL is designed primarily for 

informational purposes and to assist 

EPA management. Section 300.425(e)(3) 

of the NCP states that the deletion of a 

site from the NPL does not preclude 

eligibility for future response actions, 

should future conditions warrant such 

actions. Section 300.425(e)(3) of the 

NCP governs partial deletion of a site 

from the NPL in the same manner. 

While EPA does not believe that any 

future response action within Operable 

Unit 3 will be needed, if future 

conditions warrant such action, this 

deleted area will remain eligible for 

future response actions. Furthermore, 

this partial deletion does not alter the 

status of any remaining portions of the 

Jacobs Smelter Superfund Site, which 

are not proposed for deletion and 

remain on the NPL. The residential 

portion of Operable Unit 1 was deleted 

from the NPL in 2001. 

IV. Basis for Partial Site Deletion 

The following information provides 

EPA’s rationale for deleting the portion 

of the site referred to above from the 

NPL. 

A. Site Location 

The Jacobs Smelter Superfund Site 

Operable Unit 3 is a long irregularly 

shaped property consisting of the Union 

Pacific Railroad right-of-way, 1,625 feet 

in length and varying in width from 50 

to 450 feet with an average width of 200 

feet. An active mainline railroad bisects 

this 9-acre site from north to south. One 

of the major roads, Silver Avenue, 

crosses the right-of-way from east to 

west. The site is relatively level and 

vegetated with native grasses and 

scrubby trees. Several older concrete 

foundations of removed buildings and 

one possible water tower base are 

evident. The only other onsite structures 

are two small signal houses. 

B. Site History 

The Stockton Yard (OU3) is located 

within the Jacobs Smelter Superfund 

57160 Federal Register / Vol. 70, No. 189 / Friday, September 30, 2005 / Rules and Regulations 

Site. Several mining and smelting 

facilities were constructed in and near 

the town of Stockton in the early 1870’s. 

The Jacobs Smelter was located in the 

town of Stockton near the current 

location of the Stockton Yard. 

Contamination on OU3 is likely the 

result of sediments entrained in process 

water that was allowed to flow downgradient across the rail road right of way 

as well as spillage from an ore-loading 

facility that was built for the 

transportation of ores to other mills and 

smelters. 

The railroad property was cleaned up 

in 1999. UPRR, under an agreement 

with the EPA, removed all debris and 

large vegetation (bushes and trees), 

placed a 16-inch soil cover over the 

contaminated soils in their right-of-way, 

fertilized the soil cap, and seeded with 

a mixture of indigenous grass seed. 

Concrete foundations onsite were left 

in place. Following removal of 

vegetation from the site, a limited 

amount of grading was performed to 

smooth out uneven areas of the site. In 

general, soil surfaces were kept moist to 

reduce the potential for spreading 

contaminated soil and also to ease 

handling and placement of material. 

UPRR built 6’ fences along the edge of 

Silver Avenue and Plaza Street. A 16-ftwide gravel access road was also 

constructed along the length of the east 

and west sides of the railroad track 

between the railroad ballast and the soil 

cap. The road was developed using a 4- 

inch layer of crushed rock. 

C. Characterization of Risk 

Arsenic is a human carcinogen. 

Arsenic can be acutely and chronically 

poisonous and can be fatal if ingested or 

inhaled in sufficient quantities by 

humans, livestock and wildlife. Arsenic 

compounds are absorbed into the body 

primarily through inhalation or 

ingestion. 

Lead is a cumulative poison which 

can cause neurologic, kidney and blood 

cell damage in humans. Some lead 

compounds are also animal carcinogens 

adversely affecting the lungs and 

kidneys. Children under the age of 

seven years are especially sensitive to 

the effects of lead. Lead carbonate, 

which is the type of lead found at the 

site, is very bio-available. Bioavailability is an indication of how 

easily lead is absorbed into the body, 

thus lead at the site is readily absorbed. 

These metals are hazardous 

substances, as defined by section 101 

(14) of CERCLA. They appear to have 

been released into the soils along the 

railroad track by historic smelting 

activities and spread through the 

community by water drainage and 

possibly aerial deposition. 

Because arsenic contamination is 

found along the railroad track in areas 

that are surrounded by residences, there 

is also a potential for contaminated soil 

to be wind-blown and dust-sized 

particles to be transported by wind and 

human activities into yards and into 

homes. Also, children play along the 

tracks. 

UDEQ collected soil and sediment 

samples from the Stockton area in July 

of 1997. The analysis of samples from 

the area at and around Jacobs Smelter 

detected arsenic and lead levels as high 

as 6,550 parts per million (ppm) and 

68,400 ppm respectively. 

Sampling on the UPRR property 

revealed high concentrations of lead in 

several lots east of the railroad tracks. 

Concentrations of lead ranged as high as 

4,800 ppm near the edge of a suspected 

settling pond to 12,000 ppm near an 

area described as an old railroad loading 

dock. 

D. Site Investigations 

In August 1998, EPA Region 8 

conducted a screening investigation of 

site (OU3) surface soils to evaluate 

potential lead and arsenic 

contamination. This investigation 

identified lead in soils at concentrations 

ranging from 837 to 12,000 parts per 

million (ppm). Due to its collocation 

with the lead, an analysis for arsenic 

was also conducted and results 

appeared correlated. The PRP Removal 

Action Memorandum of February 2, 

1999 identified both lead and arsenic as 

contaminants of concern. 

In February 1999 further investigation 

was conducted on the east side of the 

Stockton Yard railroad lines to delineate 

lead contamination. The site was broken 

up into 20 sampling zones; 2 to 4 

samples were collected within each 

zone and composited. Surface soil 

samples collected from the 20 zones 

ranged from 14 to 23,902 ppm total lead. 

On June 11, 1999 additional 

investigations of lead in surface soils on 

the west side of the railroad lines were 

conducted. This area was divided into 

11 sample zones, using the same grid 

configuration as the earlier work. The 

samples were collected as 3- to 4-point 

composites in 0–6’’ intervals using the 

same protocol as outlined in the 

February 24, 1999 Site Investigation and 

Remedial Alternatives Report. Total 

lead concentrations ranged from 164 to 

1,958 ppm. 

The industrial action level set by the 

EPA was 1,200 ppm total lead. Based on 

sampling events, soils exceeding this 

1,200-ppm cleanup level encompassed 

approximately 3.6 acres on the east side 

of the railroad tracks and approximately 

0.70 acre on the west side of the tracks. 

In the February 1999 Site Investigation 

and Remedial Alternatives Report, cost 

estimates were presented for several 

remedial alternatives. Based on this 

information, EPA and UDEQ selected 

soil cover as the preferred alternative for 

the Stockton Yard. 

E. Action Memorandum Findings 

The purpose of the Enforcement 

Action Memorandum was to document 

the selected PRP Removal Action. The 

selected response action was to confine 

the affected soil beneath a soil cover and 

to fence off the area to reduce access by 

the public. The objectives were to 

preclude direct exposures and to reduce 

the potential for offsite migration of 

affected soil through air or water borne 

pathways. 

F. Response Actions 

Site preparation included the removal 

of large vegetation (e.g. bushes and 

trees) and debris (i.e. boulders, concrete 

chunks, trash) from the areas to be 

capped. Vegetation and debris were 

disposed of in the Tooele County 

Landfill. The concrete foundations 

remained on site. 

The UPRR developed a plan of action 

for soils in excess of 1,200 ppm lead, 

including 3.6 acres on the east side and 

.70 on the west of the 9 acres in the 

right-of-way described in the agreement. 

That soil, adjacent to the track ballast, 

was compacted and capped with 12′′ of 

clean soil (approximately 7,550 yards) 

and 4′′ of top soil (approximately 2,300 

yards). UPRR sowed the remediated area 

with a combination of wild rye, 

sagebrush and two grasses which were 

recommended for the local altitude and 

weather pattern. UPRR also built 6′ high 

chain link fences along the edge of 

Silver Avenue and Plaza Street. 

In agreement with the EPA and 

UDEQ, UPRR filed in Tooele County a 

Declaration of Restrictions that limits 

the future use of the site. 

G. Cleanup Standards 

Cleanup standards for Operable Unit 

3 were based on the IEUBK model data 

that showed elevated lead 

concentrations exceeded EPA’s criteria. 

EPA and UDEQ selected soil cover as 

the preferred alternative for the 

Stockton Yard. The soil cap was placed 

over sections of the site that contained 

lead concentrations greater than 1,200 

ppm. 

H. Community Involvement 

EPA established an Information 

Repository containing the 

Administrative Record and other 

Federal Register / Vol. 70, No. 189 / Friday, September 30, 2005 / Rules and Regulations 57161 

information about the site at the Tooele 

City Public Library, 128 West Vine 

Street, Tooele, Utah. Public interviews 

were conducted, ties with local officials 

were established, and an avenue created 

to address local questions and concerns 

through the appointment of a 

Community Involvement Coordinator. 

Numerous community meetings were 

held to inform and invite public 

comment on site-wide remedies, and 

discussions included the cleanup of the 

UPRR right-of-way in January, March, 

May and June of 1999. 

Public participation activities have 

been satisfied as required in sections 

113(k), and 117 of CERCLA, 42 U.S.C. 

9613(k) and 9617. Documents in the 

deletion docket, which EPA relied on 

for recommendation of the partial 

deletion from the NPL, are available to 

the public in the information 

repositories. 

V. Partial Deletion Action 

The EPA, with concurrence of the 

State of Utah, has determined that all 

appropriate responses under CERCLA 

for the referenced property have been 

completed and that no further response 

actions under CERCLA are necessary. 

Because EPA considers this action to 

be non-controversial and routine, EPA is 

taking it without prior publication. This 

action will be effective November 29, 

2005 unless EPA receives adverse 

comments by October 31, 2005 on a 

parallel notice of intent to delete 

published in the ‘‘Proposed Rules’’

section of today’s Federal Register. If 

adverse comments are received within 

the 30-day public comment period, EPA 

will publish a timely withdrawal of this 

direct final notice of partial deletion 

before the effective date of the deletion 

and it will not take effect. EPA will 

simultaneously prepare a response to 

comments and continue with the partial 

deletion process on the basis of the 

notice of intent to partially delete and 

the comments already received. There 

will be no additional opportunity to 

comment. 

List of Subjects in 40 CFR Part 300 

Environmental protection, Air 

pollution control, Chemicals, Hazardous 

substance, Hazardous waste, 

Intergovernmental relations, Penalties, 

Reporting and recordkeeping 

requirements, Superfund, Water 

pollution control, Water supply. 

Dated: September 21, 2005. 

Robert E. Roberts, 

Regional Administrator, Region 8. 

■ For the reasons set out in this 

document, 40 CFR part 300 is amended 

as follows: 

PART 300—[AMENDED] 

■ 1. The authority citation for Part 300 

continues to read as follows: 

Authority: 33 U.S.C. 1321(c)(2); 42 U.S.C. 

9601–9657; E.O. 12777, 56 FR 54757, 3 CFR, 

1991 Comp., p. 351; E.O. 12580, 52 FR 2923, 

3 CFR, 1987 Comp., p. 193. 

Appendix B—[Amended] 

■ 2. Table 1 of Appendix B to Part 300 

is amended by revising the entry under 

Utah for ‘‘Jacobs Smelter’’ to read as 

follows: 

Appendix B to Part 300—National 

Priorities List 

TABLE 1.—GENERAL SUPERFUND SECTION

State Site name City/county Notes (a) 

* * * * * * * 

UT ................................................................................................................................................. Jacobs Smelters Tooele County P. 

* * * * * * * 

a * * * 

P = sites with partial deletion(s). 

[FR Doc. 05–19626 Filed 9–29–05; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Centers for Medicare & Medicaid 

Services 

42 CFR Parts 405, 412, 413, 415, 419, 

422, and 485 

[CMS–1500–CN] 

RIN 0938–AN57 

Medicare Program; Changes to the 

Hospital Inpatient Prospective 

Payment Systems and Fiscal Year 2006 

Rates; Correction 

AGENCY: Centers for Medicare & 

Medicaid Services (CMS), HHS. 

ACTION: Correction of final rule. 

SUMMARY: This document corrects 

technical errors in the final rule that 

appeared in the August 12, 2005 

Federal Register entitled ‘‘Changes to 

the Hospital Inpatient Prospective 

Payment Systems and Fiscal Year 2006 

Rates.’’

DATES: Effective October 1, 2005. 

FOR FURTHER INFORMATION CONTACT: 

Marc Hartstein, (410) 786–4548. 

SUPPLEMENTARY INFORMATION: 

I. Background 

In FR Doc. 05–15406 (70 FR 47278), 

the final rule entitled ‘‘Changes to the 

Hospital Inpatient Prospective Payment 

Systems and Fiscal Year 2006 Rates’’

(hereinafter referred to as the FY 2006 

final rule), there were a number of 

typographical and technical errors that 

are identified and corrected in the 

‘‘Correction of Errors’’ section (section 

III. of this notice). The provisions of this 

correction notice are effective as if they 

had been included in the FY 2006 final 

rule. Accordingly, the corrections are 

effective October 1, 2005. 

II. Summary of the Corrections to the 

FY 2006 Final Rule 

On page 47292, in our preamble 

discussion regarding cardiac 

catheterizations for DRGs 535 and 536, 

we stated that we are removing code 

37.26 from DRGs 535 and 536 and then 

erroneously stated that we are adding 

code 37.26 to DRG 515. Therefore, we 

are revising this discussion by deleting 

the phrase ‘‘and adding the code in DRG 

515.’’ (See item 2 of section III.A. of this 

notice.) 

On page 47312, in our preamble 

discussion regarding the ‘‘Tobacco Use 

Disorder Edit’’, we stated the incorrect 

Medicare code editor (MCE) edit to 

which we added code 305.1. Although 

our national coverage determination on 

smoking cessation counseling services 

provides that we never cover tobacco 

cessation services when code 305.1 is 

reported as the principal diagnosis, we 

erroneously stated that code 305.1 

would be added to the MCE edit 

‘‘Questionable Admission—Principal