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, 79664-79665 [E8-31013]
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79664
Federal Register / Vol. 73, No. 250 / Tuesday, December 30, 2008 / Rules and Regulations
12866 (58 FR 51735, October 4, 1993),
and therefore this action is not subject
to review by OMB. This action
authorizes state requirements for the
purpose of RCRA 3006 and imposes no
additional requirements beyond those
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certify that this action 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.). Because this action
authorizes pre-existing requirements
under state law and does not impose
any additional enforceable duty beyond
that required by state law, it does not
contain any unfunded mandate or
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governments, as described in the
Unfunded Mandates Reform Act of 1995
(Pub. L. 104–4). For the same reason,
this action also does not significantly or
uniquely affect the communities of
Tribal governments, as specified by
Executive Order 13175, ‘‘Consultation
and Coordination With Indian Tribal
Governments’’ (65 FR 67249, November
9, 2000). This action will not have
substantial direct effects on the states,
on the relationship between the national
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distribution of power and
responsibilities among the various
levels of government, as specified in
Executive Order 13132, ‘‘Federalism’’
(64 FR 43255, August 10, 1999), because
it merely authorizes state requirements
as part of the state RCRA hazardous
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relationship or the distribution of power
and responsibilities established by
RCRA. This action also is not subject to
Executive Order 13045, ‘‘Protection of
Children From Environmental Health
Risks and Safety Risks’’ (62 FR 19885,
April 23, 1997), because it is not
economically significant and it does not
make decisions based on environmental
health or safety risks. This rule is not
subject to Executive Order 13211,
‘‘Actions Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use’’ (66 FR 28355, May
22, 2001), because it is not a significant
regulatory action under Executive Order
12866.
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authorization application, to require the
use of any particular voluntary
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requirements of section 12(d) of the
VerDate Aug<31>2005
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Jkt 217001
National Technology Transfer and
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272 note) do not apply. As required by
section 3 of Executive Order 12988,
‘‘Civil Justice Reform’’ (61 FR 4729,
February 7, 1996), in issuing this rule,
EPA has taken the necessary steps to
eliminate drafting errors and ambiguity,
minimize potential litigation, and
provide a clear legal standard for
affected conduct. EPA has complied
with Executive Order 12630,
‘‘Government Actions and Interference
with Constitutionally Protected Property
Rights’’ (53 FR 8859, March 15, 1988) by
examining the takings implications of
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and Avoidance of Unanticipated
Takings’’ issued under the executive
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The Congressional Review Act, 5
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Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. EPA will submit a
report containing this document and
other required information to the U.S.
Senate, the U.S. House of
Representatives, and the Comptroller
General of the United States prior to
publication in the Federal Register. A
major rule cannot take effect until 60
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Register. This action is not a ‘‘major
rule’’ as defined by 5 U.S.C. 804(2). This
action will be effective March 2, 2009.
List of Subjects in 40 CFR Part 271
Environmental protection,
Administrative practice and procedure,
Confidential business information,
Hazardous waste, Hazardous waste
transportation, Incorporation by
reference, Indian lands,
Intergovernmental relations, Penalties,
Reporting and recordkeeping
requirements.
Authority: This action is issued under the
authority of sections 2002(a), 3006 and
7004(b) of the Solid Waste Disposal Act as
amended 42 U.S.C. 6912(a), 6926, 6974(b).
Dated: December 19, 2008.
John B. Askew,
Regional Administrator, Region 7.
[FR Doc. E8–30978 Filed 12–29–08; 8:45 am]
BILLING CODE 6560–50–P
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DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Centers for Medicare & Medicaid
Services
42 CFR Parts 411, 412, 413, 422, and
489
[CMS–1390–CN2; 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 errors
that appeared in the correction notice
published in the October 3, 2008
Federal Register 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; Correction.’’
DATES: Effective Date: This notice is
effective December 30, 2008.
Applicability Date: This correction
notice is applicable to discharges
occurring on or after October 1, 2008.
FOR FURTHER INFORMATION CONTACT: Tzvi
Hefter (410) 786–4487.
SUPPLEMENTARY INFORMATION:
I. Background
In FR Doc. E8–23082 of October 3,
2008 (73 FR 57541), the correction
notice 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
E:\FR\FM\30DER1.SGM
30DER1
79665
Federal Register / Vol. 73, No. 250 / Tuesday, December 30, 2008 / Rules and Regulations
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’’ there were
inadvertent errors that are identified
and corrected in the Correction of Errors
section of this correction notice.
On page 57543, there were errors in
Tables 2 and 3B. In Table 2, for provider
number 300005, we made a
typographical error and included
erroneous average hourly wage data for
this provider. Therefore, in section II. of
this correction notice, we have corrected
the FY 2009 and 3-year average hourly
wage data for this provider. In Table 3B,
for the nonurban area of New
Hampshire (CBSA 30), we inadvertently
neglected to include the corrected
average hourly wage data and instead
included the average hourly wage data
from the FY 2009 inpatient prospective
payment systems (IPPS) final rule (73
FR 48881). Therefore, in section II. of
this correction notice, we have corrected
the FY 2009 and 3-year average hourly
wage data for this nonurban area. We
note the corrections presented in this
notice would subsequently correct the
average hourly wage data errors in
Tables 2 and 3B of the FY 2009
inpatient prospective payment systems
(IPPS) final rule. We also note that the
FY 2009 final rates published in the
October 3, 2008 Federal Register (73 FR
57888) reflected the correct average
hourly wage data for provider number
30005 and the nonurban area of New
Hampshire (CBSA code 30); therefore
the payment rates associated with this
data are not being corrected.
II. Correction of Errors
In FR Doc. E8–23082 of October 3,
2008 (73 FR 57541), make the following
corrections:
1. On page 57543,
a. Bottom of the second column and
the top of the third column, last and
first partial paragraphs, item 1, in Table
2.—Hospital Case-Mix Indexes for
Discharges Occurring in Federal Fiscal
Year 2007; Hospital Wage Indexes for
Federal Fiscal Year 2009; Hospital
Average Hourly Wages for Federal
Fiscal Years 2007 (2003 Wage Data),
2008 (2004 Wage Data), and 2009 (2005
Wage Data); and 3-Year Average of
Hospital Average Hourly Wages, the FY
2009 average hourly wage and the 3year average hourly wage for provider
number 300005 are corrected to read as
follows:
Provider No.
Average
hourly wage
FY 20091
Average
hourly wage**
(3 years)
300005 .....................................................................................................................................................................
28.8402
28.1813
b. Third column, first paragraph, item
2, Table 3B.—FY 2009 and 3-Year*
Average Hourly Wage for Rural Areas by
CBSA, the FY 2009 Average Hourly
Wage and 3-Year Average Hourly wage
for the CBSA Code 30 are corrected to
read as follows:
Nonurban area
FY 2009
average hourly
wage
3-Year
average hourly
wage
30 ..........................................................................................
pwalker on PROD1PC71 with RULES
CBSA code
New Hampshire ....................................................
33.2602
32.8266
III. Waiver of Proposed Rulemaking
and Delay in Effective Date
We do not consider this correction
notice to constitute a rule under 5
U.S.C. 553(b). The notice corrects
average hourly wage data based upon
policies already adopted in the FY 2009
IPPS final rule. Nevertheless, even if
this correction notice could be viewed
as substantive rule for which a notice of
proposed rulemaking and delayed
effective date were necessary under
sections 553(b) and 553(d) of the
Administrative Procedure Act (APA) (5
U.S.C. 553(b) and 553(d)), we can waive
this notice and comment procedure and
delay in effective date if the Secretary
finds, for good cause, that such
procedures are impracticable,
unnecessary, or contrary to the public
interest, and incorporates a statement of
the finding and the reasons therefore in
the notice.
Section 553(d) of the APA ordinarily
requires a 30-day delay in effective date
of final rules after the date of their
publication in the Federal Register.
This 30-day delay in effective date can
VerDate Aug<31>2005
22:13 Dec 29, 2008
Jkt 217001
be waived, however, if an agency finds
for good cause that the delay is
impracticable, unnecessary, or contrary
to the public interest, and the agency
incorporates a statement of the findings
and its reasons in the rule issued.
Therefore, we are waiving proposed
rulemaking and the 30-day delayed
effective date for the technical
corrections in this notice. This notice
merely corrects typographical errors in
entries of two tables of the addendum of
the FY 2009 IPPS final rule and does not
make substantive changes to the policies
or payment methodologies that were
adopted in the final rule. In addition,
this notice contains corrections to the
average hourly wage data published in
the October 3, 2008 Federal Register
and does not make any changes to the
final FY 2009 payment rates. As a result,
this notice is intended to ensure that the
FY 2009 IPPS final rule accurately
reflects the policies adopted in the final
rule. Therefore, we find that
undertaking further notice and comment
procedures to incorporate these
corrections into the final rule or
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delaying the effective date of these
changes is unnecessary and contrary to
the public interest.
(Catalog of Federal Domestic Assistance
Program No. 93.773, Medicare—Hospital
Insurance; and Program No. 93.774,
Medicare—Supplementary Medical
Insurance Program)
Dated: December 22, 2008.
Ann C. Agnew,
Executive Secretary to the Department.
[FR Doc. E8–31013 Filed 12–29–08; 8:45 am]
BILLING CODE 4120–01–P
DEPARTMENT OF TRANSPORTATION
Maritime Administration
46 CFR Part 393
[Docket No. MARAD–2008–0096]
RIN 2133–AB70
America’s Marine Highway Program:
Stay of Effectiveness
AGENCY:
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Maritime Administration, DOT.
30DER1
]]>Agencies
[Federal Register Volume 73, Number 250 (Tuesday, December 30, 2008)]
[Rules and Regulations]
[Pages 79664-79665]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-31013]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Centers for Medicare & Medicaid Services
42 CFR Parts 411, 412, 413, 422, and 489
[CMS-1390-CN2; 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 errors that appeared in the correction
notice published in the October 3, 2008 Federal Register 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;
Correction.''
DATES: Effective Date: This notice is effective December 30, 2008.
Applicability Date: This correction notice is applicable to
discharges occurring on or after October 1, 2008.
FOR FURTHER INFORMATION CONTACT: Tzvi Hefter (410) 786-4487.
SUPPLEMENTARY INFORMATION:
I. Background
In FR Doc. E8-23082 of October 3, 2008 (73 FR 57541), the
correction notice 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
[[Page 79665]]
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'' there were inadvertent
errors that are identified and corrected in the Correction of Errors
section of this correction notice.
On page 57543, there were errors in Tables 2 and 3B. In Table 2,
for provider number 300005, we made a typographical error and included
erroneous average hourly wage data for this provider. Therefore, in
section II. of this correction notice, we have corrected the FY 2009
and 3-year average hourly wage data for this provider. In Table 3B, for
the nonurban area of New Hampshire (CBSA 30), we inadvertently
neglected to include the corrected average hourly wage data and instead
included the average hourly wage data from the FY 2009 inpatient
prospective payment systems (IPPS) final rule (73 FR 48881). Therefore,
in section II. of this correction notice, we have corrected the FY 2009
and 3-year average hourly wage data for this nonurban area. We note the
corrections presented in this notice would subsequently correct the
average hourly wage data errors in Tables 2 and 3B of the FY 2009
inpatient prospective payment systems (IPPS) final rule. We also note
that the FY 2009 final rates published in the October 3, 2008 Federal
Register (73 FR 57888) reflected the correct average hourly wage data
for provider number 30005 and the nonurban area of New Hampshire (CBSA
code 30); therefore the payment rates associated with this data are not
being corrected.
II. Correction of Errors
In FR Doc. E8-23082 of October 3, 2008 (73 FR 57541), make the
following corrections:
1. On page 57543,
a. Bottom of the second column and the top of the third column,
last and first partial paragraphs, item 1, in Table 2.--Hospital Case-
Mix Indexes for Discharges Occurring in Federal Fiscal Year 2007;
Hospital Wage Indexes for Federal Fiscal Year 2009; Hospital Average
Hourly Wages for Federal Fiscal Years 2007 (2003 Wage Data), 2008 (2004
Wage Data), and 2009 (2005 Wage Data); and 3-Year Average of Hospital
Average Hourly Wages, the FY 2009 average hourly wage and the 3-year
average hourly wage for provider number 300005 are corrected to read as
follows:
------------------------------------------------------------------------
Average hourly
Provider No. Average hourly wage\*\\*\ (3
wage FY 2009\1\ years)
------------------------------------------------------------------------
300005................................ 28.8402 28.1813
------------------------------------------------------------------------
b. Third column, first paragraph, item 2, Table 3B.--FY 2009 and 3-
Year* Average Hourly Wage for Rural Areas by CBSA, the FY 2009 Average
Hourly Wage and 3-Year Average Hourly wage for the CBSA Code 30 are
corrected to read as follows:
----------------------------------------------------------------------------------------------------------------
FY 2009
CBSA code Nonurban area average hourly 3-Year average
wage hourly wage
----------------------------------------------------------------------------------------------------------------
30........................................... New Hampshire.................. 33.2602 32.8266
----------------------------------------------------------------------------------------------------------------
III. Waiver of Proposed Rulemaking and Delay in Effective Date
We do not consider this correction notice to constitute a rule
under 5 U.S.C. 553(b). The notice corrects average hourly wage data
based upon policies already adopted in the FY 2009 IPPS final rule.
Nevertheless, even if this correction notice could be viewed as
substantive rule for which a notice of proposed rulemaking and delayed
effective date were necessary under sections 553(b) and 553(d) of the
Administrative Procedure Act (APA) (5 U.S.C. 553(b) and 553(d)), we can
waive this notice and comment procedure and delay in effective date if
the Secretary finds, for good cause, that such procedures are
impracticable, unnecessary, or contrary to the public interest, and
incorporates a statement of the finding and the reasons therefore in
the notice.
Section 553(d) of the APA ordinarily requires a 30-day delay in
effective date of final rules after the date of their publication in
the Federal Register. This 30-day delay in effective date can be
waived, however, if an agency finds for good cause that the delay is
impracticable, unnecessary, or contrary to the public interest, and the
agency incorporates a statement of the findings and its reasons in the
rule issued. Therefore, we are waiving proposed rulemaking and the 30-
day delayed effective date for the technical corrections in this
notice. This notice merely corrects typographical errors in entries of
two tables of the addendum of the FY 2009 IPPS final rule and does not
make substantive changes to the policies or payment methodologies that
were adopted in the final rule. In addition, this notice contains
corrections to the average hourly wage data published in the October 3,
2008 Federal Register and does not make any changes to the final FY
2009 payment rates. As a result, this notice is intended to ensure that
the FY 2009 IPPS final rule accurately reflects the policies adopted in
the final rule. Therefore, we find that undertaking further notice and
comment procedures to incorporate these corrections into the final rule
or delaying the effective date of these changes is unnecessary and
contrary to the public interest.
(Catalog of Federal Domestic Assistance Program No. 93.773,
Medicare--Hospital Insurance; and Program No. 93.774, Medicare--
Supplementary Medical Insurance Program)
Dated: December 22, 2008.
Ann C. Agnew,
Executive Secretary to the Department.
[FR Doc. E8-31013 Filed 12-29-08; 8:45 am]
BILLING CODE 4120-01-P
