Medicare Program; Home Health Prospective Payment System Rate Update for Calendar Year 2011; Changes in Certification Requirements for Home Health Agencies and Hospices, 81138-81139 [2010-32496]
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81138
Federal Register / Vol. 75, No. 247 / Monday, December 27, 2010 / Rules and Regulations
or greater shall also measure Pb either as PbTSP or Pb-PM10. The EPA Regional
Administrator may approve an alternative
location for the Pb measurement where the
alternative location would be more
appropriate for logistical reasons and the
measurement would provide data on typical
Pb concentrations in the CBSA.
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(c) [Reserved.]
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4.5 * * * (a) State and, where
appropriate, local agencies are required to
conduct ambient air Pb monitoring near Pb
sources which are expected to or have been
shown to contribute to a maximum Pb
concentration in ambient air in excess of the
NAAQS, taking into account the logistics and
potential for population exposure. At a
minimum, there must be one source-oriented
SLAMS site located to measure the maximum
Pb concentration in ambient air resulting
from each non-airport Pb source which emits
0.50 or more tons per year and from each
airport which emits 1.0 or more tons per year
based on either the most recent National
Emission Inventory (https://www.epa.gov/ttn/
chief/eiinformation.html) or other
scientifically justifiable methods and data
(such as improved emissions factors or sitespecific data) taking into account logistics
and the potential for population exposure.
(i) One monitor may be used to meet the
requirement in paragraph 4.5(a) for all
sources involved when the location of the
maximum Pb concentration due to one Pb
source is expected to also be impacted by Pb
emissions from a nearby source (or multiple
sources). This monitor must be sited, taking
into account logistics and the potential for
population exposure, where the Pb
concentration from all sources combined is
expected to be at its maximum.
(ii) The Regional Administrator may waive
the requirement in paragraph 4.5(a) for
monitoring near Pb sources if the State or,
where appropriate, local agency can
demonstrate the Pb source will not contribute
to a maximum Pb concentration in ambient
air in excess of 50 percent of the NAAQS
(based on historical monitoring data,
modeling, or other means). The waiver must
be renewed once every 5 years as part of the
network assessment required under
§ 58.10(d).
(iii) State and, where appropriate, local
agencies are required to conduct ambient air
Pb monitoring near each of the airports listed
in Table D–3A for a period of 12 consecutive
months commencing no later than December
27, 2011. Monitors shall be sited to measure
the maximum Pb concentration in ambient
air, taking into account logistics and the
potential for population exposure, and shall
use an approved Pb-TSP Federal Reference
Method or Federal Equivalent Method. Any
monitor that exceeds 50 percent of the Pb
NAAQS on a rolling 3-month average (as
determined according to 40 CFR part 50,
Appendix R) shall become a required
monitor under paragraph 4.5(c) of this
Appendix, and shall continue to monitor for
Pb unless a waiver is granted allowing it to
stop operating as allowed by the provisions
in paragraph 4.5(a)(ii) of this appendix. Data
collected shall be submitted to the Air
Quality System database according to the
requirements of 40 CFR part 58.16.
TABLE D–3A AIRPORTS TO BE MONITORED FOR LEAD
County
Merrill Field ........................................................................................................................................................
Pryor Field Regional ..........................................................................................................................................
Palo Alto Airport of Santa Clara County ...........................................................................................................
McClellan-Palomar ............................................................................................................................................
Reid-Hillview ......................................................................................................................................................
Gillespie Field ....................................................................................................................................................
San Carlos .........................................................................................................................................................
Nantucket Memorial ...........................................................................................................................................
Oakland County International ............................................................................................................................
Republic .............................................................................................................................................................
Brookhaven ........................................................................................................................................................
Stinson Municipal ..............................................................................................................................................
Northwest Regional ...........................................................................................................................................
Harvey Field ......................................................................................................................................................
Auburn Municipal ...............................................................................................................................................
erowe on DSK5CLS3C1PROD with RULES
Airport
Anchorage ........................
Limestone .........................
Santa Clara ......................
San Diego ........................
Santa Clara ......................
San Diego ........................
San Mateo ........................
Nantucket .........................
Oakland ............................
Suffolk ..............................
Suffolk ..............................
Bexar ................................
Denton ..............................
Snohomish .......................
King ..................................
(b) State and, where appropriate, local
agencies are required to conduct non-sourceoriented Pb monitoring at each NCore site
required under paragraph 3 of this appendix
in a CBSA with a population of 500,000 or
more.
(c) The EPA Regional Administrator may
require additional monitoring beyond the
minimum monitoring requirements
contained in paragraphs 4.5(a) and 4.5(b)
where the likelihood of Pb air quality
violations is significant or where the
emissions density, topography, or population
locations are complex and varied. EPA
Regional Administrators may require
additional monitoring at locations including,
but not limited to, those near existing
additional industrial sources of Pb, recently
closed industrial sources of Pb, airports
where piston-engine aircraft emit Pb, and
other sources of re-entrained Pb dust.
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[FR Doc. 2010–32153 Filed 12–23–10; 8:45 am]
BILLING CODE 6560–50–P
VerDate Mar<15>2010
13:10 Dec 23, 2010
Jkt 223001
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Centers for Medicare & Medicaid
Services
42 CFR Part 484
[CMS–1510–CN2]
RIN 0938–AP88
Medicare Program; Home Health
Prospective Payment System Rate
Update for Calendar Year 2011;
Changes in Certification Requirements
for Home Health Agencies and
Hospices
Centers for Medicare &
Medicaid Services (CMS), HHS.
ACTION: Correction of final rule.
AGENCY:
This document corrects a
technical error that appeared in the
November 17, 2010 Federal Register
SUMMARY:
PO 00000
Frm 00052
Fmt 4700
Sfmt 4700
State
AK
AL
CA
CA
CA
CA
CA
MA
MI
NY
NY
TX
TX
WA
WA
entitled ‘‘Medicare Program; Home
Health Prospective Payment System
Rate Update for Calendar Year 2011;
Changes in Certification Requirements
for Home Health Agencies and
Hospices’’ final rule (75 FR 70372).
DATES: Effective Date: This correction is
effective January 1, 2011.
FOR FURTHER INFORMATION CONTACT:
Sharon Ventura, (410) 786–1985.
SUPPLEMENTARY INFORMATION:
I. Background
In FR Doc. 2010–27778 of November
17, 2010 (75 FR 70372), there was a
technical error that this notice serves to
identify and correct. The provisions of
this notice are effective as if they had
been included in the ‘‘Medicare
Program; Home Health Prospective
Payment System Rate Update for
Calendar Year 2011; Changes in
Certification Requirements for Home
Health Agencies and Hospices’’ final
E:\FR\FM\27DER1.SGM
27DER1
Federal Register / Vol. 75, No. 247 / Monday, December 27, 2010 / Rules and Regulations
rule. Accordingly, the correction is
effective January 1, 2011.
II. Summary of Errors
On page 70417, in Table 13B, the
calculation of the NRS payment
amounts for services provided in rural
areas is incorrect. In Table 13B, we
multiplied the NRS payment amounts
(from Tables 8B and 9B) by the rural
add-on (X 1.03). However, we should
have multiplied the NRS conversion
factors for rural areas (from Table 13A)
by the appropriate relative weights. We
are replacing Table 13B in its entirety in
order to show the correct calculation of
the NRS payment amounts for services
provided in rural areas.
81139
III. Correction of Errors
In FR Doc. 2010–27778 of November
17, 2010 (75 FR 70372), make the
following corrections:
1. On page 70417, Table 13B is
corrected to read as follows:
TABLE 13B—RELATIVE WEIGHTS FOR THE 6-SEVERITY NRS SYSTEM FOR SERVICES PROVIDED IN RURAL AREAS
For HHAs that DO submit quality
data (NRS conversion factor =
54.12)
Severity level
Points (scoring)
Relative weight
1
2
3
4
5
6
................................................
................................................
................................................
................................................
................................................
................................................
0 ................................................
1 to 14 ......................................
15 to 27 ....................................
28 to 48 ....................................
49 to 98 ....................................
99+ ............................................
erowe on DSK5CLS3C1PROD with RULES
IV. 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
notice such as this take effect in
accordance with section 553(b) of the
Administrative Procedure Act (APA) (5
U.S.C. 553(b)). However, we can waive
both the notice and comment procedure
and the 30-day delay in effective date if
the Secretary finds, for good cause, that
the notice and comment process is
impracticable, unnecessary, or contrary
to the public interest, and incorporates
a statement of the finding and the
reasons therefore in the notice.
We find for good cause that it is
unnecessary to undertake notice and
comment rulemaking because this
notice merely provides typographical
and technical corrections to the
regulations. We are not making
substantive changes to our payment
methodologies or policies, but rather,
are simply implementing correctly the
payment methodologies and policies
that we previously proposed, received
comment on, and subsequently
finalized. The public has already had
the opportunity to comment on these
payment methodologies and policies,
and this correction notice is intended
solely to ensure that the CY 2011 HH
PPS final rule accurately reflects them.
Therefore, we believe that undertaking
further notice and comment procedures
to incorporate these corrections into the
CY 2011 HH PPS final rule is
unnecessary and contrary to the public
interest.
VerDate Mar<15>2010
13:10 Dec 23, 2010
For HHAs that DO NOT submit
quality data (NRS conversion factor
= 53.05)
Jkt 223001
Total NRS
payment amount
for rural areas
0.2698
0.9742
2.6712
3.9686
6.1198
10.5254
Further, we believe a delayed
effective date is unnecessary because
this correction notice merely corrects
inadvertent typographical and technical
errors. The changes noted above do not
make any substantive changes to the HH
PPS payment methodologies or policies.
Moreover, we regard imposing a delay
in the effective date as being contrary to
the public interest. We believe that it is
in the public interest for providers to
receive appropriate HH PPS payments
in as timely a manner as possible and
to ensure that the CY 2011 HH PPS final
rule accurately reflects our payment
methodologies, payment rates, and
policies. Therefore, we find good cause
to waive notice and comment
procedures, as well as the 30-day delay
in effective date.
(Catalog of Federal Domestic Assistance
Program No. 93.773, Medicare—Hospital
Insurance; and Program No. 93.774,
Medicare—Supplementary Medical
Insurance Program)
Dated: December 20, 2010.
Dawn L. Smalls,
Executive Secretary to the Department.
[FR Doc. 2010–32496 Filed 12–23–10; 8:45 am]
BILLING CODE 4120–01–P
PO 00000
Frm 00053
Fmt 4700
Sfmt 4700
Relative weight
$14.60
$52.72
$144.57
$214.78
$331.20
$569.63
0.2698
0.9742
2.6712
3.9686
6.1198
10.5254
Total NRS
payment amount
for rural areas
$14.31
$51.68
$141.71
$210.53
$324.66
$558.37
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 21
[FWS–R9–MB–2010–0064; 91200–1231–
9BPP]
RIN 1018–AX31
Migratory Bird Permits; States
Delegated Falconry Permitting
Authority; Technical Corrections to the
Regulations
Fish and Wildlife Service,
Interior.
ACTION: Final rule.
AGENCY:
The States of Arkansas,
Colorado, Idaho, Maine, Michigan,
Missouri, South Dakota, and
Washington have requested that we, the
U.S. Fish and Wildlife Service, delegate
permitting for falconry to the State, as
provided under the regulations at 50
CFR 21.29. We have reviewed
regulations and supporting materials
provided by the States and have
concluded that their regulations comply
with the Federal regulations. We change
the falconry regulations accordingly. We
also correct or clarify several small
errors in the regulations and move one
section to make the regulations more
consistent.
DATES: This rule is effective January 1,
2011.
FOR FURTHER INFORMATION CONTACT: Dr.
George T. Allen, Division of Migratory
Bird Management, U.S. Fish and
Wildlife Service, 703–358–1825.
SUPPLEMENTARY INFORMATION:
SUMMARY:
E:\FR\FM\27DER1.SGM
27DER1
]]>Agencies
[Federal Register Volume 75, Number 247 (Monday, December 27, 2010)]
[Rules and Regulations]
[Pages 81138-81139]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-32496]
=======================================================================
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DEPARTMENT OF HEALTH AND HUMAN SERVICES
Centers for Medicare & Medicaid Services
42 CFR Part 484
[CMS-1510-CN2]
RIN 0938-AP88
Medicare Program; Home Health Prospective Payment System Rate
Update for Calendar Year 2011; Changes in Certification Requirements
for Home Health Agencies and Hospices
AGENCY: Centers for Medicare & Medicaid Services (CMS), HHS.
ACTION: Correction of final rule.
-----------------------------------------------------------------------
SUMMARY: This document corrects a technical error that appeared in the
November 17, 2010 Federal Register entitled ``Medicare Program; Home
Health Prospective Payment System Rate Update for Calendar Year 2011;
Changes in Certification Requirements for Home Health Agencies and
Hospices'' final rule (75 FR 70372).
DATES: Effective Date: This correction is effective January 1, 2011.
FOR FURTHER INFORMATION CONTACT: Sharon Ventura, (410) 786-1985.
SUPPLEMENTARY INFORMATION:
I. Background
In FR Doc. 2010-27778 of November 17, 2010 (75 FR 70372), there was
a technical error that this notice serves to identify and correct. The
provisions of this notice are effective as if they had been included in
the ``Medicare Program; Home Health Prospective Payment System Rate
Update for Calendar Year 2011; Changes in Certification Requirements
for Home Health Agencies and Hospices'' final
[[Page 81139]]
rule. Accordingly, the correction is effective January 1, 2011.
II. Summary of Errors
On page 70417, in Table 13B, the calculation of the NRS payment
amounts for services provided in rural areas is incorrect. In Table
13B, we multiplied the NRS payment amounts (from Tables 8B and 9B) by
the rural add-on (X 1.03). However, we should have multiplied the NRS
conversion factors for rural areas (from Table 13A) by the appropriate
relative weights. We are replacing Table 13B in its entirety in order
to show the correct calculation of the NRS payment amounts for services
provided in rural areas.
III. Correction of Errors
In FR Doc. 2010-27778 of November 17, 2010 (75 FR 70372), make the
following corrections:
1. On page 70417, Table 13B is corrected to read as follows:
Table 13B--Relative Weights for the 6-Severity NRS System for Services Provided in Rural Areas
--------------------------------------------------------------------------------------------------------------------------------------------------------
For HHAs that DO submit quality For HHAs that DO NOT submit
data (NRS conversion factor = quality data (NRS conversion
54.12) factor = 53.05)
Severity level Points (scoring) -----------------------------------------------------------------------
Total NRS Total NRS
Relative weight payment amount Relative weight payment amount
for rural areas for rural areas
--------------------------------------------------------------------------------------------------------------------------------------------------------
1............................................. 0............................... 0.2698 $14.60 0.2698 $14.31
2............................................. 1 to 14......................... 0.9742 $52.72 0.9742 $51.68
3............................................. 15 to 27........................ 2.6712 $144.57 2.6712 $141.71
4............................................. 28 to 48........................ 3.9686 $214.78 3.9686 $210.53
5............................................. 49 to 98........................ 6.1198 $331.20 6.1198 $324.66
6............................................. 99+............................. 10.5254 $569.63 10.5254 $558.37
--------------------------------------------------------------------------------------------------------------------------------------------------------
IV. 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 notice such as this take effect in accordance with
section 553(b) of the Administrative Procedure Act (APA) (5 U.S.C.
553(b)). However, we can waive both the notice and comment procedure
and the 30-day delay in effective date if the Secretary finds, for good
cause, that the notice and comment process is impracticable,
unnecessary, or contrary to the public interest, and incorporates a
statement of the finding and the reasons therefore in the notice.
We find for good cause that it is unnecessary to undertake notice
and comment rulemaking because this notice merely provides
typographical and technical corrections to the regulations. We are not
making substantive changes to our payment methodologies or policies,
but rather, are simply implementing correctly the payment methodologies
and policies that we previously proposed, received comment on, and
subsequently finalized. The public has already had the opportunity to
comment on these payment methodologies and policies, and this
correction notice is intended solely to ensure that the CY 2011 HH PPS
final rule accurately reflects them. Therefore, we believe that
undertaking further notice and comment procedures to incorporate these
corrections into the CY 2011 HH PPS final rule is unnecessary and
contrary to the public interest.
Further, we believe a delayed effective date is unnecessary because
this correction notice merely corrects inadvertent typographical and
technical errors. The changes noted above do not make any substantive
changes to the HH PPS payment methodologies or policies. Moreover, we
regard imposing a delay in the effective date as being contrary to the
public interest. We believe that it is in the public interest for
providers to receive appropriate HH PPS payments in as timely a manner
as possible and to ensure that the CY 2011 HH PPS final rule accurately
reflects our payment methodologies, payment rates, and policies.
Therefore, we find good cause to waive notice and comment procedures,
as well as the 30-day delay in effective date.
(Catalog of Federal Domestic Assistance Program No. 93.773,
Medicare--Hospital Insurance; and Program No. 93.774, Medicare--
Supplementary Medical Insurance Program)
Dated: December 20, 2010.
Dawn L. Smalls,
Executive Secretary to the Department.
[FR Doc. 2010-32496 Filed 12-23-10; 8:45 am]
BILLING CODE 4120-01-P
