Federal Register / Vol. 79, No. 231 / Tuesday, December 2, 2014 / Rules and Regulations 71319 

1On November 20, 2014, the Bureau of Labor 

Statistics announced that the CPI–U increased 1.7% 

over the last 12 months. 

dating the certification portion of the 

applicable EDR form; or 

(2) EDR certification only. A person 

submitting a completed EDR 

certification only must attest that they 

meet the conditions exempting them 

from submitting the entire EDR as 

described in the certification portion of 

the applicable EDR form and sign and 

date the certification portion of the 

form. 

(e) Verification of EDR data. (1) 

NMFS, the DCA, or the DDCA will 

conduct verification of information with 

a person required to submit the 

applicable EDR, or if applicable, that 

person’s designated representative. 

(2) The person required to submit the 

applicable EDR or designated 

representative, if applicable, must 

respond to inquiries by NMFS, the 

designated DCA, or the DDCA within 20 

days of the date of issuance of the 

inquiry. 

(3) The person required to submit the 

applicable EDR or designated 

representative, if applicable, must 

provide copies of additional data to 

facilitate data verification. NMFS, the 

DCA, or the DDCA may review and 

request copies of additional data 

provided by the person required to 

submit the applicable EDR form or 

designated representative, if applicable, 

including but not limited to, previously 

audited or reviewed financial 

statements, worksheets, tax returns, 

invoices, receipts, and other original 

documents substantiating the data 

submitted in an EDR form. 

(f) DCA authorization. Except for EDR 

data submitted as required under 

§ 679.94(a), the DCA is authorized to 

release unaggregated EDR data to 

authorized data users in blind data 

format only. 

[FR Doc. 2014–28093 Filed 12–1–14; 8:45 am] 

BILLING CODE 3510–22–P 

LIBRARY OF CONGRESS 

Copyright Royalty Board 

37 CFR Part 381 

[Docket No. 14—CRB–0009–NCEB (2015 

COLA)] 

Cost of Living Adjustment for 

Performance of Musical Compositions 

by Colleges and Universities 

AGENCY: Copyright Royalty Board, 

Library of Congress. 

ACTION: Final rule. 

SUMMARY: The Copyright Royalty Judges 

announce a cost of living adjustment 

(COLA) of 2% in the royalty rates that 

colleges, universities, and other 

educational institutions not affiliated 

with National Public Radio pay for the 

use of published nondramatic musical 

compositions in the SESAC repertory 

for the statutory license under the 

Copyright Act for noncommercial 

broadcasting. 

DATES: Effective: January 2, 2015. 

FOR FURTHER INFORMATION CONTACT: 

LaKeshia Keys, CRB Program Specialist, 

by telephone at (202) 707–7658 or by 

email at crb@loc.gov. 

SUPPLEMENTARY INFORMATION: Section 

118 of the Copyright Act, title 17 of the 

United States Code, creates a statutory 

license for the use of published 

nondramatic musical works and 

published pictorial, graphic, and 

sculptural works in connection with 

noncommercial broadcasting. 

On November 29, 2012, the Copyright 

Royalty Judges (Judges) adopted final 

regulations governing the rates and 

terms of copyright royalty payments 

under section 118 of the Copyright Act 

for the license period 2013–2017. See 77 

FR 71104. Pursuant to these regulations, 

on or before December 1 of each year, 

the Judges shall publish in the Federal 

Register a notice of the change in the 

cost of living for the rate codified at 

§ 381.5(c)(3) relating to compositions in 

the repertory of SESAC. The adjustment, 

fixed to the nearest dollar, shall be the 

greater of (1) ‘‘the change in the cost of 

living as determined by the Consumer 

Price Index (all consumers, all items) 

[CPI–U] . . . during the period from the 

most recent index published prior to the 

previous notice to the most recent index 

published prior to December 1, of that 

year,’’ 37 CFR 381.10(a), or (2) 2%. 37 

CFR 381.10(b), (c). 

The change in the cost of living as 

determined by the CPI–U during the 

period from the most recent index 

published before December 1, 2013, to 

the most recent index published before 

December 1, 2014, is 1.7%.1 In 

accordance with 37 CFR 381.10(b), the 

Judges announce that the cost of living 

adjustment for calendar year 2015 shall 

be 2%. Application of the 2% COLA to 

the current rate for the performance of 

published nondramatic musical 

compositions in the repertory of 

SESAC— $143 per station—results in an 

adjusted rate of $146 per station. 

List of Subjects in 37 CFR Part 381 

Copyright, Music, Radio, Television, 

Rates. 

Final Regulations 

In consideration of the foregoing, the 

Judges amend part 381 of title 37 of the 

Code of Federal Regulations as follows: 

PART 381—USE OF CERTAIN 

COPYRIGHTED WORKS IN 

CONNECTION WITH 

NONCOMMERCIAL EDUCATIONAL 

BROADCASTING 

■ 1. The authority citation for part 381 

continues to read as follows: 

Authority: 17 U.S.C. 118, 801(b)(1), and 

803. 

■ 2. Section 381.5 is amended by 

revising paragraph (c)(3)(iii) to read as 

follows: 

§ 381.5 Performance of musical 

compositions by public broadcasting 

entities licensed to colleges and 

universities. 

* * * * * 

(c) * * * 

(3) * * * 

(iii) 2015: $146 per station. 

* * * * * 

Dated: November 28, 2014. 

Jesse Feder, 

Copyright Royalty Judge. 

[FR Doc. 2014–28457 Filed 11–28–14; 4:15 pm] 

BILLING CODE 1410–72–P 

DEPARTMENT OF VETERANS 

AFFAIRS 

38 CFR Part 12 

Technical Amendment for Information 

Collection Regarding Designee for 

Patient Personal Property 

AGENCY: Department of Veterans Affairs. 

ACTION: Final rule. 

SUMMARY: This final rule will add the 

Office of Management and Budget 

approval number for the new collection 

of information in the Department of 

Veterans Affairs (VA) regulation that 

governs a competent veteran’s 

designation of a person to receive the 

veteran’s funds and personal effects in 

the event that such veteran was to die 

while in a VA field facility. 

DATES: This final rule is effective 

December 15, 2014. 

FOR FURTHER INFORMATION CONTACT: 

Kristin J. Cunningham, Director, 

Business Policy, Chief Business Office 

(10NB6), Veterans Health 

Administration, Department of Veterans 

Affairs, 810 Vermont Avenue NW., 

Washington, DC 20420, (202) 382–2508. 

This is not a toll free number. 

mstockstill on DSK4VPTVN1PROD with RULES

71320 Federal Register / Vol. 79, No. 231 / Tuesday, December 2, 2014 / Rules and Regulations 

SUPPLEMENTARY INFORMATION: In a 

document published in the FEDERAL

REGISTER at 79 FR 68127 (November 14, 

2014), VA amended its regulation 

concerning the disposition of a veteran’s 

funds and effects. The Paperwork 

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

requires that VA consider the impact of 

paperwork and other information 

collection burdens imposed on the 

public. Under 44 U.S.C. 3507(a), an 

agency may not collect or sponsor the 

collection of information, nor may it 

impose an information collection 

requirement unless it displays a 

currently valid Office of Management 

and Budget (OMB) control number. See 

also 5 CFR 1320.8(b)(3)(vi). The 

rulemaking imposed a new information 

collection requirement in 38 CFR 12.1. 

If a veteran dies in a VA field facility, 

any funds or personal effects belonging 

to the veteran must be turned over to a 

person designated by the veteran. VA 

requests and encourages a veteran to 

name a person as a designee in order to 

facilitate the process of disposition of 

the veteran’s funds and effects. VA also 

allows the veteran the opportunity to 

change or revoke such designee at any 

time. The information obtained through 

this collection eliminates some of the 

burden on the deceased veteran’s 

survivors in the event of the veteran’s 

death in a VA field facility. 

Under 44 U.S.C. 3507(a), an agency 

may not collect or sponsor the 

collection of information, nor may it 

impose an information collection 

requirement unless it displays a 

currently valid Office of Management 

and Budget (OMB) control number. See 

also 5 CFR 1320.8(b)(3)(vi). As required 

by 44 U.S.C. 3507(d), VA submitted this 

information collection to OMB for its 

review. Therefore, in the final rule, we 

included language in § 12.1 indicating 

the information collection was pending 

Office of Management and Budget 

approval. OMB subsequently approved 

this new information collection on 

November 24, 2014, and assigned OMB 

control number 2900–0817. This final 

rule updates § 12.1 by adding the 

approved OMB control number. 

List of Subjects in 38 CFR Part 12 

Estates, Veterans. 

For the reasons set out in the 

preamble, the Department of Veterans 

Affairs further amends 38 CFR part 12, 

as amended on November 14, 2014 (79 

FR 68127), effective December 15, 2014, 

as follows: 

PART 12—DISPOSITION OF 

VETERAN’S PERSONAL FUNDS AND 

EFFECTS 

■ 1. The authority citation for part 12 

continues to read as follows: 

Authority: 38 U.S.C. 501, 8501–8528. 

§ 12.1 [Amended] 

■ 2. Amend § 12.1 by removing ‘‘(The 

information collection is pending Office 

of Management and Budget approval.)’’ 

and adding in its place ‘‘(The Office of 

Management and Budget has approved 

the information collection requirement 

in this section under control number 

2900–0817.)’’ 

Dated: November 26, 2014. 

William F. Russo, 

Acting Director, Office of Regulation Policy 

& Management, Office of the General Counsel, 

Department of Veterans Affairs. 

[FR Doc. 2014–28377 Filed 12–1–14; 8:45 am] 

BILLING CODE 8320–01–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Centers for Medicare & Medicaid 

Services 

42 CFR Part 409 

[CMS–1611–CN] 

RIN 0938–AS14 

Medicare and Medicaid Programs; CY 

2015 Home Health Prospective 

Payment System Rate Update; Home 

Health Quality Reporting 

Requirements; and Survey and 

Enforcement Requirements for Home 

Health Agencies; Correction 

AGENCY: Centers for Medicare & 

Medicaid Services (CMS), HHS. 

ACTION: Final rule; correction. 

SUMMARY: This document corrects a 

technical error in the final rule that 

appeared in the Federal Register on 

November 6, 2014, entitled ‘‘Medicare 

and Medicaid Programs; CY 2015 Home 

Health Prospective Payment System 

Rate Update; Home Health Quality 

Reporting Requirements; and Survey 

and Enforcement Requirements for 

Home Health Agencies.’’ 

DATES: Effective Date: This document is 

effective on January 1, 2015. 

FOR FURTHER INFORMATION: Hillary 

Loeffler, (410) 786–0456. 

SUPPLEMENTARY INFORMATION: 

I. Background 

In FR Doc. 2014–26057 of November 

6, 2014 (79 FR 66032), there was a 

technical error identified and corrected 

in the Correction of Errors section 

below. The provisions in this correction 

document are effective as if they had 

been included in the document that 

appeared in the November 6, 2014 

Federal Register. Accordingly, the 

correction is effective January 1, 2015. 

II. Summary of Errors 

On page 66104, in our discussion 

about our decision to finalize the 

proposed changes to the regulations at 

§ 409.44, we inadvertently stated that 

the changes were effective for episodes 

‘‘ending’’ on or after January 1, 2015. 

Consistent with the comment response 

prior to the final decision discussion on 

page 66104 stating that ‘‘[t]he new 

therapy reassessment requirement will 

apply to episodes that begin on or after 

January 1, 2015,’’ we meant to state that 

the therapy reassessment changes 

finalized in the regulations at § 409.44 

are effective for episodes ‘‘beginning’’ 

on or after January 1, 2015. At least 

every 30 days a qualified therapist 

(instead of an assistant) must provide 

the needed therapy service and 

functional reassessment of the patient. 

Where more than one discipline of 

therapy is being provided, a qualified 

therapist from each of the disciplines 

must provide the needed therapy 

service and functionally reassess the 

patient at least every 30 days. Therapy 

reassessments are to be performed using 

a method that would include objective 

measurement, in accordance with 

accepted professional standards of 

clinical practice, which enables 

comparison of successive measurements 

to determine the effectiveness of therapy 

goals. Such objective measurements 

would be made by the qualified 

therapist using measurements which 

assess activities of daily living that may 

include but are not limited to eating, 

swallowing, bathing, dressing, toileting, 

walking, climbing stairs, or using 

assistive devices, and mental and 

cognitive factors. The measurement 

results and corresponding effectiveness 

of the therapy, or lack thereof, must be 

documented in the clinical record. 

III. Waiver of Proposed Rulemaking 

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 

mstockstill on DSK4VPTVN1PROD with RULES