81 FR 52783 - Medicare Program; Revisions to Payment Policies Under the Physician Fee Schedule and Other Revisions to Part B for CY 2017; Medicare Advantage Pricing Data Release; Medicare Advantage and Part D Medical Low Ratio Data Release; Medicare Advantage Provider Network Requirements; Expansion of Medicare Diabetes Prevention Program Model; Correction

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Centers for Medicare & Medicaid Services

Federal Register Volume 81, Issue 154 (August 10, 2016)

Page Range		52783-52784
FR Document		2016-19012

This document corrects a technical error in the proposed rule that appeared in the July 15, 2016 Federal Register (81 FR 46162-46476) entitled, ``Medicare Program; Revisions to Payment Policies under the Physician Fee Schedule and Other Revisions to Part B for CY 2017; Medicare Advantage Pricing Data Release; Medicare Advantage and Part D Medical Low Ratio Data Release; Medicare Advantage Provider Network Requirements; Expansion of Medicare Diabetes Prevention Program Model.''

Federal Register, Volume 81 Issue 154 (Wednesday, August 10, 2016)

[Federal Register Volume 81, Number 154 (Wednesday, August 10, 2016)]
[Proposed Rules]
[Pages 52783-52784]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-19012]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Centers for Medicare & Medicaid Services

42 CFR Parts 405, 410, 411, 414, 417, 422, 423, 424, 425, and 460

[CMS-1654-CN]
RIN 0938-AS81


Medicare Program; Revisions to Payment Policies Under the 
Physician Fee Schedule and Other Revisions to Part B for CY 2017; 
Medicare Advantage Pricing Data Release; Medicare Advantage and Part D 
Medical Low Ratio Data Release; Medicare Advantage Provider Network 
Requirements; Expansion of Medicare Diabetes Prevention Program Model; 
Correction

AGENCY: Centers for Medicare & Medicaid Services (CMS), HHS.

ACTION: Proposed rule; correction.

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SUMMARY: This document corrects a technical error in the proposed rule 
that appeared in the July 15, 2016 Federal Register (81 FR 46162-46476) 
entitled, ``Medicare Program; Revisions to Payment Policies under the 
Physician Fee Schedule and Other Revisions to Part B for CY 2017; 
Medicare Advantage Pricing Data Release; Medicare Advantage and Part D 
Medical Low Ratio Data Release; Medicare Advantage Provider Network 
Requirements; Expansion of Medicare Diabetes Prevention Program 
Model.''

DATES: The proposed rule published July 15, 2016 (81 FR 46162-46476) is 
corrected as of August 9, 2016.

FOR FURTHER INFORMATION CONTACT: Terri Plumb, (410) 786-4481, Gaysha 
Brooks, (410) 786-9649, or Annette Brewer (410) 786-6580.

SUPPLEMENTARY INFORMATION:

I. Background

    In FR Doc. 2016-16097 (81 FR 46162), the proposed rule entitled, 
``Medicare Program; Revisions to Payment Policies under the Physician 
Fee Schedule and Other Revisions to Part B for CY 2017; Medicare 
Advantage Pricing Data Release; Medicare Advantage and Part D Medical 
Low Ratio Data Release; Medicare Advantage Provider Network 
Requirements; Expansion of Medicare Diabetes Prevention Program Model'' 
(referred to hereafter as the ``CY 2017 PFS proposed rule,'') there was 
a technical error that is identified and corrected in this correcting 
document. The correction is applicable as of August 9, 2016.

[[Page 52784]]

II. Summary of Errors in the Preamble

    On page 46457 of the CY 2017 PFS proposed rule, we inadvertently 
stated that comments related to information collection requirements 
were due September 13, 2016. However, on page 46162, in the DATES 
section of the rule, we state that comments are due ``no later than 5 
p.m. on September 6, 2016.'' Accordingly, we are correcting the date on 
page 46457 to align with the DATES section of the rule on page 46162.

III. Waiver of Proposed Rulemaking and Delay in Effective Date

    Under 5 U.S.C. 553(b) of the Administrative Procedure Act (APA), 
the agency is required to publish a notice of the proposed rule in the 
Federal Register and provide a period for public comment before the 
provisions of a rule take effect. In addition, section 553(d) of the 
APA mandates a 30-day delay in effective date after issuance or 
publication of a rule. Sections 553(b)(B) and 553(d)(3) of the APA 
provide for exceptions from the APA notice and comment, and delay in 
effective date requirements. Section 553(b)(B) of the APA authorizes an 
agency to dispense with normal notice and comment rulemaking procedures 
for good cause if the agency makes a finding that the notice and 
comment process is impracticable, unnecessary, or contrary to the 
public interest; and includes a statement of the finding and the 
reasons for it in the rule. In addition, section 553(d)(3) of the APA 
allows the agency to avoid the 30-day delay in effective date where 
such delay is contrary to the public interest and the agency includes 
in the rule a statement of the finding and the reasons for it.
    In our view, this correcting document does not constitute a 
rulemaking that would be subject to these requirements. This document 
merely corrects a technical error in the CY 2017 PFS proposed rule. The 
corrections contained in this document are consistent with, and do not 
make substantive changes to, the policies and payment methodologies 
that were proposed subject to notice and comment procedures in the CY 
2017 PFS proposed rule. As a result, the correction made through this 
correcting document is intended to resolve an inadvertent error so that 
the rule accurately reflects the correct date for comments to be 
submitted in order to assure their consideration in the final rule.
    Even if this were a rulemaking to which the notice and comment and 
delayed effective date requirements applied, we find that there is good 
cause to waive such requirements. Undertaking further notice and 
comment procedures to incorporate the corrections in this document into 
the CY 2017 PFS proposed rule or delaying the effective date of the 
corrections would be contrary to the public interest because it is in 
the public interest to ensure that the rule accurately reflects the 
public comment period. Further, such procedures would be unnecessary, 
because we are not making any substantive revision to the proposed 
rule, but rather, we are simply correcting the Federal Register 
document to reflect the correct date by which public comments must be 
received in order to assure their consideration for the final rule. For 
these reasons, we believe there is good cause to waive the requirements 
for notice and comment and delay in effective date.

IV. Correction of Errors

    In FR Doc. 2016-16097 (81 FR 46162), published July 15, 2016, on 
page 46457, in the first column, in the third paragraph, line 2, the 
phrase ``September 13, 2016'' is corrected to read ``September 6, 
2016''.

    Dated: August 3, 2016.
Madhura Valverde,
Executive Secretary to the Department, Department of Health and Human 
Services.
[FR Doc. 2016-19012 Filed 8-9-16; 8:45 am]
 BILLING CODE 4120-01-P

Federal Register / Vol. 81, No. 154 / Wednesday, August 10, 2016 / Proposed Rules 52783

definition of ‘‘broadcaster’’ as ‘‘an entity Proposed Regulations DEPARTMENT OF HEALTH AND
that owns and operates a terrestrial AM HUMAN SERVICES
or FM radio station that is licensed by In consideration of the foregoing, the
the Federal Communications Copyright Royalty Judges propose to Centers for Medicare & Medicaid
Commission.’’ Absent this amendment, amend 37 CFR part 370 as follows: Services
the petitioners contended that PART 370—NOTICE AND
noncommercial minimum fee 42 CFR Parts 405, 410, 411, 414, 417,
RECORDKEEPING REQUIREMENTS
broadcasters that were not educational 422, 423, 424, 425, and 460
FOR STATUTORY LICENSES
webcasters were excluded from the new [CMS–1654–CN]
definition of ‘‘Eligible Minimum Fee
■ 1. The authority citation for part 370 RIN 0938–AS81
Webcaster.’’
continues to read as follows:
The Judges find that the regulation, as
amended on June 21, 2016, defines the Authority: 17 U.S.C. 112(e)(4), 114(f)(4)(A). Medicare Program; Revisions to
new term ‘‘Eligible Minimum Fee Payment Policies Under the Physician
■ 2. In § 370.4, in paragraph (b), revise Fee Schedule and Other Revisions to
Webcaster’’ too narrowly and therefore
the definition of ‘‘Eligible Minimum Fee Part B for CY 2017; Medicare
arguably excludes noncommercial
Webcaster’’ to read as follows: Advantage Pricing Data Release;
minimum fee broadcasters, a category
that the Judges had intended to include. § 370.4 Reports of use of sound
Medicare Advantage and Part D
The Judges shall treat the Joint Motion recordings under statutory license for Medical Low Ratio Data Release;
as a petition for rulemaking and now nonsubscription transmission services, Medicare Advantage Provider Network
propose to make the necessary changes preexisting satellite digital audio radio Requirements; Expansion of Medicare
to include minimum fee noncommercial services, new subscription services and Diabetes Prevention Program Model;
broadcasters in the definition of business establishment services. Correction
‘‘Eligible Minimum Fee Webcasters.’’ * * * * * AGENCY: Centers for Medicare &
That inclusion shall ensure that (b) * * * Medicaid Services (CMS), HHS.
noncommercial minimum fee Eligible Minimum Fee Webcaster ACTION: Proposed rule; correction.
broadcasters qualify fully for the relaxed means a nonsubscription transmission
reporting requirements in part 370. service whose payments for eligible SUMMARY: This document corrects a
How To Submit Comments transmissions do not exceed the annual technical error in the proposed rule that
minimum fee established for licensees appeared in the July 15, 2016 Federal
Interested parties must submit Register (81 FR 46162–46476) entitled,
relying upon the statutory licenses set
comments to only one of the following ‘‘Medicare Program; Revisions to
forth in 17 U.S.C. 112(e) and 114; and:
addresses. Unless responding by email, Payment Policies under the Physician
claimants must submit an original, five (i) Is a Licensee that owns and
Fee Schedule and Other Revisions to
paper copies, and an electronic version operates a terrestrial AM or FM radio
Part B for CY 2017; Medicare Advantage
on a CD or other portable memory station that is licensed by the Federal
Pricing Data Release; Medicare
device in Portable Document Format Communications Commission; or
Advantage and Part D Medical Low
(PDF) that contains searchable, (ii) Is directly operated by, or Ratio Data Release; Medicare Advantage
accessible text (not a scanned image of affiliated with and officially sanctioned Provider Network Requirements;
text). Commenters should conform all by, a domestically accredited primary or Expansion of Medicare Diabetes
filed electronic documents to the secondary school, college, university, or Prevention Program Model.’’
Judges’ Guidelines for Electronic other post-secondary degree-granting
DATES: The proposed rule published
Documents posted on the Copyright institution; and
July 15, 2016 (81 FR 46162–46476) is
Royalty Board Web site at http:// (A) The digital audio transmission corrected as of August 9, 2016.
www.loc.gov/crb/docs/Guidelines_for_ operations of which are, during the FOR FURTHER INFORMATION CONTACT:
Electronic_Documents.pdf. Email: crb@ course of the year, staffed substantially
loc.gov; or Terri Plumb, (410) 786–4481, Gaysha
by students enrolled in such institution; Brooks, (410) 786–9649, or Annette
U.S. mail: Copyright Royalty Board,
(B) Is exempt from taxation under Brewer (410) 786–6580.
P.O. Box 70977, Washington, DC 20024–
section 501 of the Internal Revenue SUPPLEMENTARY INFORMATION:
0977; or
Overnight service (only USPS Express Code, has applied for such exemption,
or is operated by a State or possession I. Background
Mail is acceptable): Copyright Royalty
Board, P.O. Box 70977, Washington, DC or any governmental entity or In FR Doc. 2016–16097 (81 FR 46162),
20024–0977; or subordinate thereof, or by the United the proposed rule entitled, ‘‘Medicare
Commercial courier: Address package States or District of Columbia, for Program; Revisions to Payment Policies
to: Copyright Royalty Board, Library of exclusively public purposes; and under the Physician Fee Schedule and
Congress, James Madison Memorial (C) Is not a ‘‘public broadcasting Other Revisions to Part B for CY 2017;
Building, LM–403, 101 Independence entity’’ (as defined in 17 U.S.C. 118(f)) Medicare Advantage Pricing Data
Avenue SE., Washington, DC 20559– qualified to receive funding from the Release; Medicare Advantage and Part D
6000. Deliver to: Congressional Courier Corporation for Public Broadcasting Medical Low Ratio Data Release;
Acceptance Site, 2nd Street NE., and D pursuant to the criteria set forth in 47 Medicare Advantage Provider Network
U.S.C. 396 Requirements; Expansion of Medicare
Lhorne on DSK30JT082PROD with PROPOSALS

Street NE., Washington, DC; or
Hand delivery: Library of Congress, * * * * * Diabetes Prevention Program Model’’
James Madison Memorial Building, LM– (referred to hereafter as the ‘‘CY 2017
Dated: July 28, 2016. PFS proposed rule,’’) there was a
401, 101 Independence Avenue SE.,
Suzanne M. Barnett, technical error that is identified and
Washington, DC 20559–6000.
Chief Copyright Royalty Judge. corrected in this correcting document.
List of Subjects in 37 CFR 370 [FR Doc. 2016–19097 Filed 8–8–16; 11:15 am] The correction is applicable as of
Copyright, Sound recordings. BILLING CODE 1410–72–P August 9, 2016.

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52784 Federal Register / Vol. 81, No. 154 / Wednesday, August 10, 2016 / Proposed Rules

II. Summary of Errors in the Preamble to waive such requirements. This subsequent adjustment in Phase III,
On page 46457 of the CY 2017 PFS Undertaking further notice and referred to as the make-whole
proposed rule, we inadvertently stated comment procedures to incorporate the adjustment, produces a step function
that comments related to information corrections in this document into the and does not appropriately reflect
collection requirements were due CY 2017 PFS proposed rule or delaying operating costs and economies of scale.
September 13, 2016. However, on page the effective date of the corrections To better address this problem and
46162, in the DATES section of the rule, would be contrary to the public interest related issues, the Board is now
we state that comments are due ‘‘no because it is in the public interest to proposing to modify certain inputs into
later than 5 p.m. on September 6, 2016.’’ ensure that the rule accurately reflects Phase II of URCS and to modify certain
Accordingly, we are correcting the date the public comment period. Further, cost calculations in Phase III of URCS in
on page 46457 to align with the DATES such procedures would be unnecessary, order to eliminate the make-whole
section of the rule on page 46162. because we are not making any adjustment. The Board is also proposing
substantive revision to the proposed certain other related changes to URCS,
III. Waiver of Proposed Rulemaking rule, but rather, we are simply including proposals for locomotive unit-
and Delay in Effective Date correcting the Federal Register miles (LUM) and train miles allocations,
Under 5 U.S.C. 553(b) of the document to reflect the correct date by which would result in more appropriate
Administrative Procedure Act (APA), which public comments must be rail movement costs.
the agency is required to publish a received in order to assure their DATES: Comments are due by October
notice of the proposed rule in the consideration for the final rule. For 11, 2016; replies are due by November
Federal Register and provide a period these reasons, we believe there is good 7, 2016.
for public comment before the cause to waive the requirements for
ADDRESSES: Comments may be
provisions of a rule take effect. In notice and comment and delay in
effective date. submitted either via the Board’s e-filing
addition, section 553(d) of the APA format or in the traditional paper
mandates a 30-day delay in effective IV. Correction of Errors format. Any person using e-filing should
date after issuance or publication of a attach a document and otherwise
rule. Sections 553(b)(B) and 553(d)(3) of In FR Doc. 2016–16097 (81 FR 46162),
published July 15, 2016, on page 46457, comply with the instructions at the ‘‘E-
the APA provide for exceptions from the Filing’’ link on the Board’s Web site, at
APA notice and comment, and delay in in the first column, in the third
paragraph, line 2, the phrase http://www.stb.dot.gov. Any person
effective date requirements. Section submitting a filing in the traditional
553(b)(B) of the APA authorizes an ‘‘September 13, 2016’’ is corrected to
read ‘‘September 6, 2016’’. paper format should send an original
agency to dispense with normal notice and 10 copies to: Surface Transportation
and comment rulemaking procedures Dated: August 3, 2016. Board, Attn: Docket No. EP 431 (Sub-
for good cause if the agency makes a Madhura Valverde, No. 4), 395 E Street SW., Washington,
finding that the notice and comment Executive Secretary to the Department, DC 20423–0001.
process is impracticable, unnecessary, Department of Health and Human Services.
or contrary to the public interest; and FOR FURTHER INFORMATION CONTACT:
[FR Doc. 2016–19012 Filed 8–9–16; 8:45 am]
includes a statement of the finding and Allison Davis at (202) 245–0378.
BILLING CODE 4120–01–P
the reasons for it in the rule. In addition, Assistance for the hearing impaired is
section 553(d)(3) of the APA allows the available through the Federal
agency to avoid the 30-day delay in Information Relay Service (FIRS) at
SURFACE TRANSPORTATION BOARD (800) 877–8339.
effective date where such delay is
contrary to the public interest and the 49 CFR Parts 1247 and 1248 SUPPLEMENTARY INFORMATION: In 1989,
agency includes in the rule a statement the Board’s predecessor, the Interstate
of the finding and the reasons for it. [Docket No. EP 431 (Sub-No. 4)] Commerce Commission (ICC), adopted
In our view, this correcting document URCS as its general purpose costing
Review of the General Purpose
does not constitute a rulemaking that system. Adoption of the Unif. R.R.
Costing System; Supplement
would be subject to these requirements. Costing Sys. as a Gen. Purpose Costing
This document merely corrects a AGENCY: Surface Transportation Board. Sys. for All Regulatory Costing
technical error in the CY 2017 PFS ACTION:Supplemental notice of Purposes, 5 I.C.C.2d 894 (1989). The
proposed rule. The corrections proposed rulemaking. Board uses URCS for a variety of
contained in this document are regulatory functions. URCS is used in
consistent with, and do not make SUMMARY: Through this supplemental rate reasonableness proceedings as part
substantive changes to, the policies and notice of proposed rulemaking of the initial market dominance
payment methodologies that were (Supplemental NPR), the Surface determination. At later stages of rate
proposed subject to notice and comment Transportation Board (Board) is revising reasonableness proceedings, URCS is
procedures in the CY 2017 PFS its proposal to eliminate the ‘‘make- used in parts of the Board’s
proposed rule. As a result, the whole adjustment’’ that is currently determination as to whether the
correction made through this correcting applied as part of our general purpose challenged rate is reasonable, and, when
document is intended to resolve an costing system, the Uniform Railroad warranted, the maximum rate
inadvertent error so that the rule Costing System (URCS). The notice of prescription. URCS is also used to
accurately reflects the correct date for proposed rulemaking (NPR) in this develop variable costs for making cost
Lhorne on DSK30JT082PROD with PROPOSALS

comments to be submitted in order to proceeding, issued on February 4, 2013, determinations in abandonment
assure their consideration in the final explained that when disaggregating data proceedings; to provide the railroad
rule. and calculating system-average unit industry and shippers with a
Even if this were a rulemaking to costs in Phase II, URCS does not fully standardized costing model; to cost the
which the notice and comment and take into account the economies of scale Board’s Carload Waybill Sample to
delayed effective date requirements realized from larger shipment sizes, develop industry cost information; and
applied, we find that there is good cause necessitating an adjustment in Phase III. to provide interested parties with basic

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Document Created: 2016-08-10 01:59:44
Document Modified: 2016-08-10 01:59:44

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Proposed Rules
Action		Proposed rule; correction.
Dates		The proposed rule published July 15, 2016 (81 FR 46162-46476) is corrected as of August 9, 2016.
Contact		Terri Plumb, (410) 786-4481, Gaysha Brooks, (410) 786-9649, or Annette Brewer (410) 786-6580.
FR Citation		81 FR 52783
RIN Number		0938-AS81
CFR Citation		42 CFR 405 42 CFR 410 42 CFR 411 42 CFR 414 42 CFR 417 42 CFR 422 42 CFR 423 42 CFR 424 42 CFR 425 42 CFR 460

DEPARTMENT OF HEALTH AND HUMAN SERVICESCenters for Medicare & Medicaid Services

Federal Register Volume 81, Issue 154 (August 10, 2016)

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Centers for Medicare & Medicaid Services