57538 Federal Register / Vol. 73, No. 193 / Friday, October 3, 2008 / Rules and Regulations 

paragraph and adding ‘‘; and’’ in its 

place. 

■ c. Paragraph (b)(1)(iii) is added to read 

as follows: 

§ 375.307 Delegations to the Director of 

the Office of Energy Market Regulation. 

* * * * * 

(b) * * * 

(1) * * * 

(iii) Filings for administrative 

revisions to electronic filed tariffs. 

* * * * * 

PART 385—RULES OF PRACTICE AND 

PROCEDURE 

■ 76. The authority citation for part 385 

continues to read as follows: 

Authority: 5 U.S.C. 551–557; 15 U.S.C. 

717–717z, 3301–3432; 16 U.S.C. 791a–825v, 

2601–2645; 28 U.S.C. 2461; 31 U.S.C. 3701, 

9701; 42 U.S.C. 7101–7352, 16441,16451– 

16463; 49 U.S.C. 60502; 49 App. U.S.C. 1–85 

(1988). 

§ 385.203 [Amended] 

■ 77. In § 385.203, paragraph (a)(4), the 

reference to ‘‘sheets’’ is removed and 

‘‘sheets or sections’’ is added in its 

place. 

■ 78. In § 385.215, paragraph (a)(2) is 

amended by adding a new first sentence 

to read as follows: 

§ 385.215 Amendment of pleadings and 

tariff or rate filings (Rule 215). 

(a) * * * 

(2) A tariff or rate filing may be 

amended or modified only as provided 

in the regulations under this chapter. 

* * * 

* * * * * 

■ 79. In § 385.216, the heading and 

paragraph (a) are revised to read as 

follows: 

§ 385.216 Withdrawal of pleadings and 

tariff or rate filings (Rule 216). 

(a) Filing. Any participant, or any 

person who has filed a timely motion to 

intervene which has not been denied, 

may seek to withdraw a pleading by 

filing a notice of withdrawal. The 

procedures provided in this section do 

not apply to withdrawals of tariff or rate 

filings, which may be withdrawn only 

as provided in the regulations under 

this chapter. 

* * * * * 

§ 385.217 [Amended] 

■ 80. In § 385.217, paragraph (d)(1)(iii), 

the reference to ‘‘sheets’’ is removed and 

‘‘sheets or sections’’ is added in its 

place. 

§ 385.2011 [Amended] 

■ 81. In § 385.2011, paragraph (b)(1) is 

removed and reserved, and paragraphs 

(b)(4) and (b)(5) are removed. 

Note: The following appendix will not 

appear in the Code of Federal Regulations. 

Appendix 

Commenters and Abbreviations 

American Gas Association (AGA) 

Arizona Public Service Company (APS) 

Association of Oil Pipe Lines (AOPL) 

Bonneville Power Administration 

(Bonneville) 

California Independent System Operator 

Corporation (CAISO) 

Duke Energy Corporation (Duke Energy) 

Edison Electric Institute (EEI) 

Entergy Services, Inc. (Entergy) 

FirstEnergy Service Company (FirstEnergy) 

Interstate Natural Gas Association of America 

(INGAA) 

ISO New England, Inc. (ISO New England) 

Midwest Independent Transmission System 

Operator, Inc. (Midwest ISO) 

Nevada Power Company and Sierra Pacific 

Power Company (Nevada Power) 

New England Participating Transmission 

Owners Administrative Committee (New 

England PTOs) 

Public Service Electric and Gas Company and 

PSEG Energy Resources & Trade LLC 

(PSEG) 

Southern California Edison Company 

(Southern California Edison) 

TransCanada Corporation (TransCanada) 

UNICON, Inc. (UNICON) 

[FR Doc. E8–22500 Filed 10–2–08; 8:45 am] 

BILLING CODE 6717–01–P 

DEPARTMENT OF THE INTERIOR 

Office of Surface Mining Reclamation 

and Enforcement 

30 CFR Part 950 

[SATS No. WY–036–FOR; Docket ID OSM– 

2008–0008] 

Wyoming Abandoned Mine Land 

Reclamation Plan 

AGENCY: Office of Surface Mining 

Reclamation and Enforcement, Interior. 

ACTION: Final rule; approval of 

amendment. 

SUMMARY: We are approving an 

amendment to the Wyoming abandoned 

mine land reclamation (AMLR) plan 

(hereinafter referred to as the ‘‘Wyoming 

plan’’) under the Surface Mining 

Control and Reclamation Act of 1977 

(SMCRA or the Act). Wyoming intended 

to revise its plan by submitting a 

revision to W.S. 35–11–1210 to correct 

an inadvertent error in the statute that 

was enacted during the 2007 Legislative 

Session. Specifically, the amendment 

clarifies that W.S. § 35–11–1210 only 

applies to SMCRA section 411(h)(1) 

funds. 

DATES: Effective Date: October 3, 2008. 

FOR FURTHER INFORMATION CONTACT: 

Jeffrey Fleischman, Casper Field Office 

Director. Telephone: (307) 261–6550. 

Internet address: 

jfleischman@osmre.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background on the Wyoming Plan 

II. Submission of the Proposed Amendment 

III. Office of Surface Mining Reclamation and 

Enforcement’s (OSM’s) Findings 

IV. Summary and Disposition of Comments 

V. OSM’s Decision 

VI. Procedural Determinations 

I. Background on the Wyoming Plan 

The Abandoned Mine Land 

Reclamation Program was established 

by Title IV of the Act (30 U.S.C. 1201 

et seq.) in response to concerns over 

extensive environmental damage caused 

by past coal mining activities. The 

program is funded by a reclamation fee 

collected on each ton of coal that is 

produced. The money collected is used 

to finance the reclamation of abandoned 

coal mines and for other authorized 

activities. Section 405 of the Act allows 

States and Indian tribes to assume 

exclusive responsibility for reclamation 

activity within the State or on Indian 

lands if they develop and submit to the 

Secretary of the Interior for approval, a 

program (often referred to as a plan) for 

the reclamation of abandoned coal 

mines. 

On February 14, 1983, the Secretary of 

the Interior approved Wyoming’s AMLR 

Plan. You can find general background 

information on the Wyoming Plan, 

including the Secretary’s findings and 

the disposition of comments, in the 

February 14, 1983, Federal Register (48 

FR 6536). OSM announced in the May 

25, 1984, Federal Register (49 FR 

22139), the Director’s decision accepting 

certification by Wyoming that it had 

addressed all known coal-related 

impacts in the State that were eligible 

for funding under the Wyoming Plan. 

Wyoming could then proceed in 

reclaiming low priority non-coal 

projects. The Director accepted 

Wyoming’s proposal that it would seek 

immediate funding for reclamation of 

any additional coal-related problems 

that occur during the life of the 

Wyoming Plan. You can find later 

actions concerning Wyoming’s Plan and 

plan amendments at 30 CFR 950.35. 

II. Submission of the Proposed 

Amendment 

By letter dated March 21, 2008, 

Wyoming submitted a proposed 


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amendment to the Wyoming 

Reclamation Plan (Administrative 

Record Document ID OSM–2008–0008– 

0005). Wyoming submitted the 

amendment in response to a letter sent 

to the State dated January 18, 2008, from 

the Regional Director, Western Region of 

OSM (Administrative Record Document 

ID OSM–2008–0008–0007). Pursuant to 

30 CFR 884.15(d), OSM directed 

Wyoming to resolve a statutory conflict 

regarding two accounts established to 

receive funds from the Federal 

government under the SMCRA program. 

Specifically, OSM stated it appears 

that Wyoming’s new statute at W.S. 

§ 35–11–1210 conflicts with existing 

statute W.S. § 35–11–1203, which was 

established to receive funds to carry out 

the Reclamation Plan including coal 

reclamation. W.S. § 35–11–1210 was 

passed in 2007 and established an 

account to receive funding under new 

Section 411(h) of SMCRA. These funds 

are not required to be spent on 

reclamation projects. 

Wyoming’s proposed amendment 

clarifies that the account established by 

W.S. § 35–11–1210 is solely for the 

purpose of receiving funds from the 

Federal government pursuant to SMCRA 

Section 411(h)(1) and that these funds 

are separate and in addition to funds 

distributed to the account established by 

W.S. § 35–11–1203. 

We announced receipt of the 

proposed amendment in the June 2, 

2008, Federal Register (73 FR 31392). In 

the same document, we opened the 

public comment period and provided an 

opportunity for a public hearing or 

meeting on the amendment’s adequacy 

(Administrative Record Document ID 

No. OSM–2008–0008–0001). We did not 

hold a public hearing or meeting 

because no one requested one. The 

public comment period ended on July 2, 

2008. We received comments from two 

Federal agencies and one State entity. 

III. OSM’s Findings 

Following are the findings we made 

concerning the amendment under 

SMCRA and the Federal regulations at 

30 CFR 884.14 and 884.15. We are 

approving the amendment. 

A. Minor Revisions to Wyoming’s 

Statutes and Plan Provisions 

In response to a letter dated January 

18, 2008, from the Regional Director, 

Western Region of OSM and pursuant to 

30 CFR 884.15(d), Wyoming proposes a 

minor editorial change to subparagraph 

(b) of newly-created W.S. § 35–11–1210 

and its Reclamation Plan that is 

intended to provide clarification and 

correct an inadvertent error in the 

statutory amendment that was enacted 

during the 2007 Wyoming Legislative 

Session. Specifically, new statute W.S. 

§ 35–11–1210 was passed in 2007 and 

established the Abandoned Mine Land 

Funds Reserve Account pursuant to 

Section 411(h) of the SMCRA 

Amendments of 2006 that is not 

required to be spent on reclamation 

projects. Conversely, existing statute 

W.S. § 35–11–1203 established an 

account to receive funds to carry out the 

State Reclamation Plan, including coal 

reclamation. OSM’s concern, as stated 

in the January 18, 2008 letter, was that 

establishment of these two funds creates 

a statutory conflict wherein funding of 

Wyoming’s Reclamation Plan is not 

assured. Accordingly, OSM is seeking 

assurance that Wyoming will reclaim its 

remaining coal abandoned mine land 

problems. 

Wyoming’s proposed amendment to 

subparagraph (b) clarifies that the 

account established by W.S. § 35–11– 

1210 is established solely to receive 

funds from the Federal government 

pursuant to SMCRA amendments of 

2006 to Section 411(h)(1) and that these 

funds are separate and in addition to 

funds distributed to the account 

established by W.S. § 35–11–1203, 

which remains in place to receive funds 

to carry out the State Reclamation Plan 

including coal reclamation. Wyoming 

had previously committed to spend a 

minimum of $30 million dollars per 

year on coal reclamation work until coal 

work is completed as a condition of 

OSM’s payment to the State under 

SMCRA Section 411(h) in a letter dated 

February 4, 2007 (Administrative 

Record Document ID OSM–2008–0008– 

0006). 

Wyoming’s clarification and 

assurance that funds received through 

establishment of the Abandoned Mine 

Land Funds Reserve Account will not 

be commingled with monies received to 

carry out coal reclamation under the 

State Reclamation Plan is in accordance 

with section 405(h) of SMCRA, and 

addresses the programmatic concerns 

raised by OSM under 30 CFR 884.15(d). 

For these reasons, we are approving 

Wyoming’s proposed statutory 

amendment. 

IV. Summary and Disposition of 

Comments 

Public Comments 

We asked for public comments on the 

amendment (Administrative Record 

Document ID No. OSM–2008–0008– 

0008) and one comment was received. 

Specifically, the University of 

Wyoming submitted a comment in 

support of the amendment by stating 

that it is in agreement with the proposed 

change to Wyoming Statute W.S. 35–11– 

1210 (Administrative Record Document 

ID No. OSM–2008–0008–0004). 

Federal Agency Comments 

Under 30 CFR 884.14(a)(2) and 

884.15(a), we requested comments on 

the amendment from various Federal 

agencies with an actual or potential 

interest in the State plan 

(Administrative Record Document ID 

No. OSM–2008–0008–0008). We 

received comments from two Federal 

Agencies. 

The Bureau of Reclamation (BOR) 

commented in an April 17, 2008 letter 

(Administrative Record Document ID 

No. OSM–2008–0008–0003), and the 

Bureau of Land Management (BLM) 

commented in a May 2, 2008 letter 

(Administrative Record Document ID 

No. OSM–2008–0008–0002). 

The BOR indicated that it did not 

have comments on the proposed 

amendment. 

The BLM commented that although it 

recognizes that OSM’s priority under 

the 2006 Amendments [to SMCRA] is to 

fund reclamation of coal mines, it also 

wants to ensure that enough money is 

available to fund reclamation of noncoal abandoned mines on BLM lands. 

The BLM goes on to explain that work 

on many of these projects may be 

mothballed due to the requirements to 

finish the coal sites first, and notes that 

it is unclear whether these non-coal 

sites will be able to obtain SMCRA 

funding in the future. Lastly, the BLM 

states its wish to ensure that the State 

Legislature and OSM consider its needs 

when fund requests for grants to use 

monies in the Abandoned Mine 

Reclamation Fund are submitted. 

In response, OSM agrees that there are 

hard rock abandoned mine land 

problems in Wyoming and we 

acknowledge that they present both 

health and safety concerns. 

Unfortunately, OSM can’t provide 

assurance to the BLM that the Wyoming 

AML Program will continue to reclaim 

abandoned hard rock mine problems 

with funds the State receives under the 

2006 Amendments to SMCRA. 

Specifically, it is solely up to the 

Wyoming Legislature to determine if it 

wants to fund reclamation of abandoned 

hard rock mine problems as part of 

giving priority to addressing impacts of 

mineral development with funds the 

State receives under Section 411(h)(1) of 

SMCRA. 

V. OSM’s Decision 

Based on the above finding, we 

approve Wyoming’s proposed 

amendment submitted on March 21, 

2008. 


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To implement this decision, we are 

amending the Federal regulations at 30 

CFR Part 950, which codify decisions 

concerning the State plan. We find that 

good cause exists under 5 U.S.C. 

553(d)(3) to make this final rule 

effective immediately. Section 405(d) of 

SMCRA requires that the State have a 

program that is in compliance with the 

procedures, guidelines, and 

requirements established under the Act. 

Making this regulation effectively 

immediately will expedite that process. 

SMCRA requires consistency of 

Wyoming and Federal standards. 

VI. Procedural Determinations 

Executive Order 12630—Takings 

This rule does not have takings 

implications. This determination is 

based on the analysis performed for the 

counterpart Federal regulation. 

Executive Order 12866—Regulatory 

Planning and Review 

This rule is exempted from review by 

the Office of Management and Budget 

(OMB) under Executive Order 12866 

(Regulatory Planning and Review). 

Executive Order 12988—Civil Justice 

Reform 

The Department of the Interior has 

conducted the reviews required by 

section 3 of Executive Order 12988 and 

has determined that, to the extent 

allowable by law, this rule meets the 

applicable standards of subsections (a) 

and (b) of that section. However, these 

standards are not applicable to the 

actual language of Wyoming’s AMLR 

plans and revisions thereof because 

each plan is drafted and promulgated by 

a specific State, not by OSM. Decisions 

on proposed State AMLR plans and 

revisions thereof submitted by a State 

are based on a determination of whether 

the submittal meets the requirements of 

Title IV of SMCRA (30 U.S.C. 1231– 

1243) and the applicable Federal 

regulations at 30 CFR part 884. 

Executive Order 13132—Federalism 

This rule does not have federalism 

implications. SMCRA delineates the 

roles of the Federal and State 

governments with regard to the 

regulation of surface coal mining and 

reclamation operations. One of the 

purposes of SMCRA is to ‘‘establish a 

nationwide program to protect society 

and the environment from the adverse 

effects of surface coal mining 

operations.’’ Section 503(a)(1) of 

SMCRA requires that State laws 

regulating surface coal mining and 

reclamation operations be ‘‘in 

accordance with’’ the requirements of 

SMCRA, and section 503(a)(7) requires 

that State programs contain rules and 

regulations ‘‘consistent with’’ 

regulations issued by the Secretary 

pursuant to SMCRA. 

Executive Order 13175—Consultation 

and Coordination With Indian Tribal 

Governments 

In accordance with Executive Order 

13175, we have evaluated the potential 

effects of this rule on Federally 

recognized Indian Tribes and have 

determined that the rule does not have 

substantial direct effects on one or more 

Indian Tribes, on the relationship 

between the Federal government and 

Indian Tribes, or on the distribution of 

power and responsibilities between the 

Federal government and Indian Tribes. 

The rule does not involve or affect 

Indian Tribes in any way. 

Executive Order 13211—Regulations 

That Significantly Affect The Supply, 

Distribution, or Use of Energy 

On May 18, 2001, the President issued 

Executive Order 13211 which requires 

agencies to prepare a Statement of 

Energy Effects for a rule that is (1) 

considered significant under Executive 

Order 12866, and (2) likely to have a 

significant adverse effect on the supply, 

distribution, or use of energy. Because 

this rule is exempt from review under 

Executive Order 12866 and is not 

expected to have a significant adverse 

effect on the supply, distribution, or use 

of energy, a Statement of Energy Effects 

is not required. 

National Environmental Policy Act 

No environmental impact statement is 

required for this rule because agency 

decisions on proposed State AMLR 

plans and revisions thereof are 

categorically excluded from compliance 

with the National Environmental Policy 

Act (42 U.S.C. 4321 et seq.) by the 

Manual of the Department of the Interior 

(516 DM 13.5(B)(29). 

Paperwork Reduction Act 

This rule does not contain 

information collection requirements that 

require approval by OMB under the 

Paperwork Reduction Act (44 U.S.C. 

3501 et seq.). 

Regulatory Flexibility Act 

The Department of the Interior 

certifies that this rule will not have a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.). The State submittal, 

which is the subject of this rule, is based 

upon counterpart Federal regulations for 

which an economic analysis was 

prepared and certification made that 

such regulations would not have a 

significant economic effect upon a 

substantial number of small entities. In 

making the determination as to whether 

this rule would have a significant 

economic impact, the Department relied 

upon the data and assumptions for the 

counterpart Federal regulations. 

Small Business Regulatory Enforcement 

Fairness Act 

This rule is not a major rule under 5 

U.S.C. 804(2), of the Small Business 

Regulatory Enforcement Fairness Act. 

This rule: 

a. Does not have an annual effect on 

the economy of $100 million. 

b. Will not cause a major increase in 

costs or prices for consumers, 

individual industries, Federal, State, or 

local government agencies, or 

geographic regions. 

c. Does not have significant adverse 

effects on competition, employment, 

investment, productivity, innovation, or 

the ability of U.S. based enterprises to 

compete with foreign-based enterprises. 

This determination is based upon the 

fact that the State submittal which is the 

subject of this rule is based upon 

counterpart Federal regulations for 

which an analysis was prepared and a 

determination made that the Federal 

regulation was not considered a major 

rule. 

Unfunded Mandates 

This rule will not impose an 

unfunded Mandate on State, local, or 

tribal governments or the private sector 

of $100 million or more in any given 

year. This determination is based upon 

the fact that the State submittal, which 

is the subject of this rule, is based upon 

counterpart Federal regulations for 

which an analysis was prepared and a 

determination made that the federal 

regulation did not impose an unfunded 

mandate. 

List of Subjects in 30 CFR Part 950 

Abandoned mine reclamation 

programs, Intergovernmental relations, 

Surface mining, Underground mining. 

Dated: September 11, 2008. 

Allen D. Klein, 

Director, Western Region. 

■ For the reasons set out in the 

preamble, Title 30, Chapter VII, 

Subchapter T of the Code of Federal 

Regulations is amended as set forth 

below: 

PART 950—STATE ABANDONED MINE 

LAND RECLAMATION PROGRAMS 

■ 1. The authority citation for part 950 

continues to read as follows: 

Authority: 30 U.S.C. 1201 et seq. 


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Federal Register / Vol. 73, No. 193 / Friday, October 3, 2008 / Rules and Regulations 57541 

■ 2. Section 950.35 is amended in the 

table by adding a new entry in 

chronological order by ‘‘Date of Final 

Publication’’ to read as follows: 

§ 950.35 Approval of Wyoming abandoned 

mine land reclamation plan amendments. 

* * * * * 

Original amendment submission date Date of final publication Citation/description 

* * * * * * * 

March 21, 2008 ...................................... October 3, 2008. .................................... Wyoming Statute (W.S.) § 35–11–1210(b) 

[FR Doc. E8–23368 Filed 10–2–08; 8:45 am] 

BILLING CODE 4310–05–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Centers for Medicare & Medicaid 

Services 

42 CFR Parts 411, 412, 413, 422, and 

489 

[CMS–1390–CN; CMS–1531–CN; CMS– 

1385–CN2] 

RIN 0938–AP15; RIN 0938–AO35; RIN 0938– 

AO65 

Medicare Program; Changes to the 

Hospital Inpatient Prospective 

Payment Systems and Fiscal Year 2009 

Rates; Payments for Graduate Medical 

Education in Certain Emergency 

Situations; Changes to Disclosure of 

Physician Ownership in Hospitals and 

Physician Self-Referral Rules; Updates 

to the Long-Term Care Prospective 

Payment System; Updates to Certain 

IPPS-Excluded Hospitals; and 

Collection of Information Regarding 

Financial Relationships Between 

Hospitals; Correction 

AGENCY: Centers for Medicare & 

Medicaid Services (CMS), HHS. 

ACTION: Correction of final rules. 

SUMMARY: This document corrects 

technical and typographical errors that 

appeared in the final rule published in 

the Federal Register on August 19, 

2008, entitled ‘‘Medicare Program; 

Changes to the Hospital Inpatient 

Prospective Payment Systems and Fiscal 

Year 2009 Rates; Payments for Graduate 

Medical Education in Certain 

Emergency Situations; Changes to 

Disclosure of Physician Ownership in 

Hospitals and Physician Self-Referral 

Rules; Updates to the Long-Term Care 

Prospective Payment System; Updates 

to Certain IPPS-Excluded Hospitals; and 

Collection of Information Regarding 

Financial Relationships Between 

Hospitals.’’ 

DATES: Effective Date: Except for the 

items listed in section IV.B.3.a. through 

e. of this notice, the items listed in this 

correction notice are effective on 

October 1, 2008. The items listed in 

section IV.B.3.a. through e. of this notice 

are effective on October 1, 2009. 

FOR FURTHER INFORMATION CONTACT: Tzvi 

Hefter (410) 786–4487, Corrections to 

the preamble and addendum. Donald 

Romano, (410) 786–1401 or Lisa Ohrin, 

(410) 786–4565, Corrections to the 

regulations text for part 411. 

SUPPLEMENTARY INFORMATION: 

I. Background 

In FR Doc. E8–17914 of August 19, 

2008 (73 FR 48434), the final rule 

entitled Medicare Program; Changes to 

the Hospital Inpatient Prospective 

Payment Systems and Fiscal Year 2009 

Rates; Payments for Graduate Medical 

Education in Certain Emergency 

Situations; Changes to Disclosure of 

Physician Ownership in Hospitals and 

Physician Self-Referral Rules; Updates 

to the Long-Term Care Prospective 

Payment System; Updates to Certain 

IPPS-Excluded Hospitals; and 

Collection of Information Regarding 

Financial Relationships Between 

Hospitals’’ (hereinafter referred to as the 

FY 2009 IPPS final rule) there were a 

number of technical and typographical 

errors that are identified and corrected 

in the Correction of Errors section 

below. We note that the FY 2009 IPPS 

final rule had several effective dates (see 

73 FR 48343); and therefore, we are 

conforming the effective dates of the 

items listed in this notice with the 

effective dates specified in the FY 2009 

IPPS final rule. 

II. Summary of Errors 

A. Errors in the Preamble 

On page 48434, in the effective dates 

section of the final rule, we specified 

that § 411.357(p)(1)(i)(A) and (B) are 

effective on October 1, 2009. However, 

we made a technical error in codifying 

these paragraphs (see sections II.B. and 

IV.B.3.e.(B). of this notice). To ensure 

that the cross-reference is consistent 

with the regulations in § 411.357(p), we 

are correcting the cross-reference in 

section IV.A.1 of this notice. 

On pages 48491, 48497, and 48773, 

we made inadvertent typographical 

errors in two figures and a date. We 

correct these errors in section IV.A.2, 3, 

and 8 of this notice. 

On page 48509, we stated that we 

were finalizing several codes and that 

these codes will be added to the MCE 

edit for males only. However, through 

an inadvertent error the codes were not 

included in the final FY 2009 MCE 

edits. Therefore, in section IV.A.4. of 

this notice, we correct this discussion 

by adding language to note that the 

codes for MCE edit for males only will 

be added to the MCE codes for FY 2010. 

On page 48566, we discuss the 

analysis conducted by Acumen 

comparing MedPAC’s recommended 

wage indices to the current CMS wage 

index. In section IV.A.5 of this notice, 

we correct this discussion by adding a 

parenthetical statement to clarify that 

the wage index data that we provided 

did not include the effects of sections 

505 and 508 of the Medicare 

Prescription Drug, Improvement, and 

Modernization Act of 2003 (MMA). 

On page 48646, we discuss the 

deadline for submission of emergency 

Medicare graduate medical education 

(GME) affiliation agreements. In our 

example, we incorrectly stated the date 

by which hospitals are permitted to 

submit an emergency Medicare GME 

Affiliation agreement for the period 

from March 1, 2009, to June 30, 2009, 

and the period from July 1, 2009, to June 

30, 2010. The dates referenced were 

August 28, 2009, and August 28, 2010, 

respectively. In section IV.A.6 of this 

correction notice, we corrected these 

inadvertent errors. 

On page 48648, we discuss the rolling 

average and cap adjustments for FTE 

residents. In this discussion, we 

incorrectly stated that FTE residents 

training in new teaching hospitals and 

in new residency programs at existing 

teaching hospitals are excluded from the 

rolling average for the minimum 

accredited length of the program. In 

section IV.A.7. of this notice, we have 

corrected this error by revising this 

sentence to clarify that, in accordance 

with the regulations at § 413.79(d)(5), 

the exclusion from the rolling average 

applies for new programs that qualify 

for the cap adjustment under 

§ 413.79(e). 


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