81 FR 59901 - Medicare Program; Inpatient Rehabilitation Facility Prospective Payment System for Federal Fiscal Year 2017; Correction

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

Federal Register Volume 81, Issue 169 (August 31, 2016)

Page Range		59901-59902
FR Document		2016-20897

This document corrects typographical errors in the final rule that appeared in the August 5, 2016 Federal Register entitled, ``Medicare Program; Inpatient Rehabilitation Facility Prospective Payment System for Federal Fiscal Year 2017''.

Federal Register, Volume 81 Issue 169 (Wednesday, August 31, 2016)

[Federal Register Volume 81, Number 169 (Wednesday, August 31, 2016)]
[Rules and Regulations]
[Pages 59901-59902]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-20897]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Centers for Medicare & Medicaid Services

42 CFR Part 412

[CMS-1647-CN]
RIN 0938-AS78


Medicare Program; Inpatient Rehabilitation Facility Prospective 
Payment System for Federal Fiscal Year 2017; Correction

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

ACTION: Final rule; correction.

-----------------------------------------------------------------------

SUMMARY: This document corrects typographical errors in the final rule 
that appeared in the August 5, 2016 Federal Register entitled, 
``Medicare Program; Inpatient Rehabilitation Facility Prospective 
Payment System for Federal Fiscal Year 2017''.

DATES: The final rule published August 5, 2016 (81 FR 52056 through 
52141) is corrected as of August 30, 2016.

FOR FURTHER INFORMATION CONTACT: Christine Grose, (410) 786- 1362.

SUPPLEMENTARY INFORMATION: 

I. Background

    In FR Doc. 2016-18196 (81 FR 52056 through 52141), the final rule 
entitled, ``Medicare Program; Inpatient Rehabilitation Facility 
Prospective Payment System for Federal Fiscal Year 2017'' (hereinafter 
referred as the FY 2017 IRF PPS final rule), there were typographical 
errors that are identified and corrected in this correcting document. 
The correction is applicable as of August 30, 2016.

II. Summary of Errors in the Preamble

    On page 52118 of the FY 2017 IRF PPS final rule, we inadvertently 
included a reference to Table 10 instead of Table 18.
    On page 52118 of the FY 2017 IRF PPS final rule, we inadvertently 
included a reference to Table 10 instead of Table 11.
    On page 52118 of the FY 2017 IRF PPS final rule, we inadvertently 
included a reference to Table 10 instead of Table 16.
    On page 52118 of the FY 2017 IRF PPS final rule, we inadvertently 
included a reference to Table 10 instead of Table 17.
    On page 52118 of the FY 2017 IRF PPS final rule, in the footnote to 
Table 10, we inadvertently included a reference to Table 10 instead of 
Table 17.
    On page 52118 of the FY 2017 IRF PPS final rule, in the footnote to 
Table 10, we inadvertently included a reference to Table 10 instead of 
Table 16.
    On page 52119 of the FY 2017 IRF PPS final rule, in the footnote to 
Table 11, we inadvertently included a reference to Table 11 instead of 
Table 10.
    On page 52119 of the FY 2017 IRF PPS final rule, in the footnote to 
Table 13, we inadvertently included a reference to Table 12 instead of 
Table 10.
    On page 52120 of the FY 2017 IRF PPS final rule, in the footnote to 
Table 14, in two instances, we inadvertently included a reference to 
Table 14 instead of Table 10.
    On page 52120 of the FY 2017 IRF PPS final rule, in the footnote to 
Table 15, in two instances, we inadvertently included a reference to 
Table 15 instead of Table 10.
    On page 52121 of the FY 2017 IRF PPS final rule, in the footnote to 
Table 16, we inadvertently included a reference to Table 16 instead of 
Table 10.

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. Similarly, section 1871(b)(1) of the 
Act requires the Secretary to provide for notice of the proposed rule 
in the Federal Register and provide a period of not less than 60 days 
for public comment. In addition, section 553(d) of the APA and section 
1871(e)(1)(B)(i) of the Act mandate 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; in cases in which 
these exceptions apply, sections 1871(b)(2)(C) and 1871(e)(1)(B)(ii) of 
the Act provide exceptions from the notice and 60-day comment period 
and delay in effective date requirements of the Act, as well. Section 
553(b)(B) of the APA and section 1871(b)(2)(C) of the Act authorize 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 
and section 1871(e)(1)(B)(ii) of the Act allow 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 typographical errors in the preamble of the FY 2017 IRF 
PPS final rule. The corrections contained in this document are 
consistent with, and do not make substantive changes to, the policies 
and payment methodologies that were adopted subject to notice and 
comment procedures in the FY 2017 IRF PPS final rule. As a result, the 
correction made through this correcting document is intended to resolve 
inadvertent typographical errors.
    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 FY 2017 IRF PPS final 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

[[Page 59902]]

the our policies as of the date they take effect and are applicable. 
Further, such procedures would be unnecessary, because we are not 
making any substantive revision to the final rule, but rather, we are 
simply correcting the Federal Register document to reflect the correct 
table references in the footnotes. 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 the Preamble

    In FR Doc. 2016-18196 (81 FR 52056), published August 5, 2016, make 
the following corrections:
    1. On page 52118,
    a. In the second column, in the second full paragraph, line 11, the 
reference ``Table 10'' is corrected to read ``Table 18''.
    b. In the third column, in the first partial paragraph, line 2, the 
reference ``Table 10'' is corrected to read ``Table 11''.
    c. In the third column, in the first partial paragraph, line 30, 
the reference ``Table 10'' is corrected to read ``Table 16''.
    d. In the third column, in the first partial paragraph, line 37, 
the reference ``Table 10'' is corrected to read ``Table 17''.
    e. In the footnote to Table 10, the phrase ``*We refer readers to 
Table 10'' is corrected to read ``*We refer readers to Table 17''.
    f. In the footnote to Table 10, the phrase ``-We refer readers to 
Table 10'' is corrected to read ``-We refer readers to Table 16''.
    2. On page 52119,
    a. In the footnote to Table 11, the phrase ``*We refer readers to 
the Table 11'' is corrected to read ``*We refer readers to the Table 
10''.
    b. In the footnote to Table 13, the phrase ``*We refer readers to 
the Table 12'' is corrected to read ``*We refer readers to the Table 
10''.
    3. On page 52120,
    a. In the footnote to Table 14, the phrase ``*We refer readers to 
the Table 14'' is corrected to read ``*We refer readers to the Table 
10''.
    b. In the footnote to Table 14, the phrase ``**As is illustrated in 
Table 14'' is corrected to read ``**As is illustrated in Table 10''.
    c. In the footnote to Table 15, the phrase ``*We refer readers to 
the Table 15'' is corrected to read ``*We refer readers to the Table 
10''.
    d. In the footnote to Table 15, the phrase ``***As is illustrated 
in Table 15'' is corrected to read ``***As is illustrated in Table 
10''.
    4. On page 52121, in the footnote to Table 16, the phrase ``**As 
illustrated in Table 16'' is corrected to read ``**As illustrated in 
Table 10''.

    Dated: August 25, 2016.
Madhura Valverde,
Executive Secretary to the Department, Department of Health and Human 
Services.
[FR Doc. 2016-20897 Filed 8-30-16; 8:45 am]
 BILLING CODE 4120-01-P

Federal Register / Vol. 81, No. 169 / Wednesday, August 31, 2016 / Rules and Regulations 59901

(1) CARB Resolution 13–2, dated ‘‘Medicare Program; Inpatient Federal Register and provide a period
January 24, 2013, ‘‘San Joaquin Valley Rehabilitation Facility Prospective for public comment before the
PM2.5 State Implementation Plan.’’ Payment System for Federal Fiscal Year provisions of a rule take effect.
(479) The following plan was 2017’’ (hereinafter referred as the FY Similarly, section 1871(b)(1) of the Act
submitted on November 6, 2014, by the 2017 IRF PPS final rule), there were requires the Secretary to provide for
Governor’s Designee. typographical errors that are identified notice of the proposed rule in the
(i) [Reserved] and corrected in this correcting Federal Register and provide a period of
(ii) Additional materials. document. The correction is applicable not less than 60 days for public
(A) San Joaquin Valley Unified Air as of August 30, 2016. comment. In addition, section 553(d) of
Pollution Control District. the APA and section 1871(e)(1)(B)(i) of
(1) ‘‘Supplemental Document, Clean II. Summary of Errors in the Preamble the Act mandate a 30-day delay in
Air Act Subpart 4: The 2012 PM2.5 Plan On page 52118 of the FY 2017 IRF effective date after issuance or
for the 2006 PM2.5 Standard and District PPS final rule, we inadvertently publication of a rule. Sections 553(b)(B)
Rule 2201 (New and Modified included a reference to Table 10 instead and 553(d)(3) of the APA provide for
Stationary Source Review)’’ (dated of Table 18. exceptions from the APA notice and
September 18, 2014), adopted On page 52118 of the FY 2017 IRF comment and delay in effective date
September 18, 2014. PPS final rule, we inadvertently requirements; in cases in which these
(2) SJVUAPCD Governing Board included a reference to Table 10 instead exceptions apply, sections 1871(b)(2)(C)
Resolution No. 14–09–01, dated of Table 11. and 1871(e)(1)(B)(ii) of the Act provide
September 18, 2014, ‘‘In the Matter of: On page 52118 of the FY 2017 IRF exceptions from the notice and 60-day
Authorizing Submittal of PPS final rule, we inadvertently comment period and delay in effective
‘‘Supplemental Document for the 2012 included a reference to Table 10 instead date requirements of the Act, as well.
PM2.5 Plan’’ to EPA.’’ of Table 16. Section 553(b)(B) of the APA and
(B) California Air Resources Board. On page 52118 of the FY 2017 IRF
(1) CARB Resolution 14–37, dated section 1871(b)(2)(C) of the Act
PPS final rule, we inadvertently authorize an agency to dispense with
October 24, 2014, ‘‘Supplemental
included a reference to Table 10 instead normal notice and comment rulemaking
Document for the San Joaquin Valley
of Table 17. procedures for good cause if the agency
24-Hour PM2.5 State Implementation
On page 52118 of the FY 2017 IRF makes a finding that the notice and
Plan.’’
PPS final rule, in the footnote to Table comment process is impracticable,
[FR Doc. 2016–20413 Filed 8–30–16; 8:45 am] 10, we inadvertently included a unnecessary, or contrary to the public
BILLING CODE 6560–50–P reference to Table 10 instead of Table interest; and includes a statement of the
17. finding and the reasons for it in the rule.
On page 52118 of the FY 2017 IRF In addition, section 553(d)(3) of the
DEPARTMENT OF HEALTH AND PPS final rule, in the footnote to Table APA and section 1871(e)(1)(B)(ii) of the
HUMAN SERVICES 10, we inadvertently included a Act allow the agency to avoid the 30-
reference to Table 10 instead of Table day delay in effective date where such
Centers for Medicare & Medicaid 16. delay is contrary to the public interest
Services On page 52119 of the FY 2017 IRF and the agency includes in the rule a
PPS final rule, in the footnote to Table statement of the finding and the reasons
42 CFR Part 412 11, we inadvertently included a for it.
[CMS–1647–CN] reference to Table 11 instead of Table In our view, this correcting document
10. does not constitute a rulemaking that
RIN 0938–AS78 On page 52119 of the FY 2017 IRF would be subject to these requirements.
Medicare Program; Inpatient PPS final rule, in the footnote to Table This document merely corrects
Rehabilitation Facility Prospective 13, we inadvertently included a typographical errors in the preamble of
Payment System for Federal Fiscal reference to Table 12 instead of Table the FY 2017 IRF PPS final rule. The
Year 2017; Correction 10. corrections contained in this document
On page 52120 of the FY 2017 IRF are consistent with, and do not make
AGENCY: Centers for Medicare & PPS final rule, in the footnote to Table substantive changes to, the policies and
Medicaid Services (CMS), HHS. 14, in two instances, we inadvertently payment methodologies that were
ACTION: Final rule; correction. included a reference to Table 14 instead adopted subject to notice and comment
of Table 10. procedures in the FY 2017 IRF PPS final
SUMMARY: This document corrects On page 52120 of the FY 2017 IRF rule. As a result, the correction made
typographical errors in the final rule PPS final rule, in the footnote to Table through this correcting document is
that appeared in the August 5, 2016 15, in two instances, we inadvertently intended to resolve inadvertent
Federal Register entitled, ‘‘Medicare included a reference to Table 15 instead typographical errors.
Program; Inpatient Rehabilitation of Table 10. Even if this were a rulemaking to
Facility Prospective Payment System for On page 52121 of the FY 2017 IRF which the notice and comment and
Federal Fiscal Year 2017’’. PPS final rule, in the footnote to Table delayed effective date requirements
DATES: The final rule published August 16, we inadvertently included a applied, we find that there is good cause
5, 2016 (81 FR 52056 through 52141) is reference to Table 16 instead of Table to waive such requirements.
corrected as of August 30, 2016. 10. Undertaking further notice and
FOR FURTHER INFORMATION CONTACT: comment procedures to incorporate the
ehiers on DSK5VPTVN1PROD with RULES

Christine Grose, (410) 786- 1362. III. Waiver of Proposed Rulemaking corrections in this document into the FY
and Delay in Effective Date 2017 IRF PPS final rule or delaying the
SUPPLEMENTARY INFORMATION:
Under 5 U.S.C. 553(b) of the effective date of the corrections would
I. Background Administrative Procedure Act (APA), be contrary to the public interest
In FR Doc. 2016–18196 (81 FR 52056 the agency is required to publish a because it is in the public interest to
through 52141), the final rule entitled, notice of the proposed rule in the ensure that the rule accurately reflects

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59902 Federal Register / Vol. 81, No. 169 / Wednesday, August 31, 2016 / Rules and Regulations

the our policies as of the date they take Table 16’’ is corrected to read ‘‘**As onshore oil and gas lease sales to make
effect and are applicable. Further, such illustrated in Table 10’’. them consistent with existing statutory
procedures would be unnecessary, Dated: August 25, 2016. authority that allows the BLM to use
because we are not making any Madhura Valverde,
either oral or internet-based auction
substantive revision to the final rule, but procedures.
Executive Secretary to the Department, The MLA authorizes the Secretary of
rather, we are simply correcting the Department of Health and Human Services.
Federal Register document to reflect the the Interior to lease federally owned
[FR Doc. 2016–20897 Filed 8–30–16; 8:45 am]
correct table references in the footnotes. deposits of oil and gas and the lands
BILLING CODE 4120–01–P containing those deposits in the manner
For these reasons, we believe there is
good cause to waive the requirements provided for in the Act. 30 U.S.C. 181–
for notice and comment and delay in 287. The Secretary has delegated
effective date. DEPARTMENT OF THE INTERIOR responsibility for implementing that
authority to the BLM. Prior to 2015, the
IV. Correction of Errors in the Preamble Bureau of Land Management BLM was authorized to conduct oil and
In FR Doc. 2016–18196 (81 FR 52056), gas lease sales using only oral auction
published August 5, 2016, make the 43 CFR Parts 3100, 3110, and 3120 methods. See 30 U.S.C. 226(b)(1)
following corrections: [16X.LLWO310000.L13100000.PP0000] (‘‘Lease sales shall be conducted by oral
1. On page 52118, bidding.’’). As a result, the BLM’s
a. In the second column, in the RIN 1004–AE48 implementing regulations governing
second full paragraph, line 11, the lease sales in 43 CFR parts 3100, 3110,
reference ‘‘Table 10’’ is corrected to read BLM Internet-Based Auctions
and 3120, reference only oral auctions
‘‘Table 18’’. AGENCY: Bureau of Land Management, or oral bidding. See e.g., 43 CFR 3120.1–
b. In the third column, in the first Interior. 2, 3120.5–1. Under these regulations,
partial paragraph, line 2, the reference parties interested in obtaining a Federal
ACTION: Final rule.
‘‘Table 10’’ is corrected to read ‘‘Table oil or gas lease were required to travel
11’’. SUMMARY: This procedural rule amends to the physical location of a BLM
c. In the third column, in the first certain provisions of the oil and gas auction (normally the BLM State Office
partial paragraph, line 30, the reference regulations administered by the Bureau where the parcels being offered were
‘‘Table 10’’ is corrected to read ‘‘Table of Land Management (BLM) to recognize located) in order to participate in person
16’’. that the BLM is authorized to use either in the oral auction for the parcels being
d. In the third column, in the first oral or internet-based auction offered. Generally speaking, those sales
partial paragraph, line 37, the reference procedures to conduct oil and gas lease were conducted by a BLM-contracted
‘‘Table 10’’ is corrected to read ‘‘Table
sales under the Mineral Leasing Act of auctioneer who facilitated the auction in
17’’.
1920, as amended (MLA). The changes an escalating bid sequential manner.
e. In the footnote to Table 10, the
made by this rule update the BLM’s The lease sale would start with the
phrase ‘‘*We refer readers to Table 10’’
regulations to be consistent with the auctioneer stating the minimum bid.
is corrected to read ‘‘*We refer readers
National Defense Authorization Act for Interested bidders would increase their
to Table 17’’.
f. In the footnote to Table 10, the Fiscal Year (FY) 2015 (NDAA), which bids until the highest bidder for each
phrase ‘‘¥We refer readers to Table 10’’ specifically granted the BLM the parcel prevailed and was ultimately
is corrected to read ‘‘¥We refer readers authority to use internet-based bidding awarded the parcel. See 30 U.S.C.
to Table 16’’. for its competitive oil and gas lease 226(b)(1)(A); 43 CFR 3120.5–3(b).
2. On page 52119, sales. Recognizing the costs associated with
a. In the footnote to Table 11, the holding in-person oil and gas lease sales
DATES: This rule is effective on August and the opportunities for increased
phrase ‘‘*We refer readers to the Table 31, 2016.
11’’ is corrected to read ‘‘*We refer efficiency provided by an internet-based
FOR FURTHER INFORMATION CONTACT: For system, Congress, in 2008, directed the
readers to the Table 10’’. questions on technical issues, contact
b. In the footnote to Table 13, the Secretary of the Interior, through the
Jully McQuilliams, Senior Mineral BLM, to conduct an oil and gas leasing
phrase ‘‘*We refer readers to the Table
Leasing Specialist, by telephone at 202– internet pilot program. Consolidated
12’’ is corrected to read ‘‘*We refer
912–7156, or by email to jmcquilliams@ Appropriations Act, 2008, Public Law
readers to the Table 10’’.
3. On page 52120, blm.gov. For regulatory questions, 110–161, Sec. 117, 121 Stat. 2120
a. In the footnote to Table 14, the contact Jennifer Noe, Division of (2007). Accordingly, the BLM
phrase ‘‘*We refer readers to the Table Regulatory Affairs, by telephone at 202– conducted an internet-based auction
14’’ is corrected to read ‘‘*We refer 912–7442, or by email to jnoe@blm.gov. pilot in 2009, offering parcels located on
readers to the Table 10’’. Persons who use a telecommunications BLM-managed lands in Colorado to test
b. In the footnote to Table 14, the device for the deaf (TDD) may call the the feasibility of internet-based lease
phrase ‘‘**As is illustrated in Table 14’’ Federal Information Relay Service sales. The purpose of the pilot was to
is corrected to read ‘‘**As is illustrated (FIRS) at 800–877–8339 to contact the evaluate the potential costs and benefits
in Table 10’’. above individuals during normal to the Federal Government and lease
c. In the footnote to Table 15, the business hours. FIRS is available 24 sale participants from using such a
phrase ‘‘*We refer readers to the Table hours a day, 7 days a week to leave a system. For this pilot, the BLM relied on
15’’ is corrected to read ‘‘*We refer message or question with the above a system that had been developed by a
readers to the Table 10’’. individuals. You will receive a reply private entity.
ehiers on DSK5VPTVN1PROD with RULES

d. In the footnote to Table 15, the during normal business hours. As outlined in a subsequent report to
phrase ‘‘***As is illustrated in Table SUPPLEMENTARY INFORMATION: Congress submitted in February 2012,
15’’ is corrected to read ‘‘***As is which presented the results of the 2009
I. Background internet-based auction pilot, the BLM
illustrated in Table 10’’.
4. On page 52121, in the footnote to This rule makes minor amendments found that transitioning to internet-
Table 16, the phrase ‘‘**As illustrated in to the BLM regulations governing based lease sales would have immediate

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Document Created: 2018-02-02 12:15:01
Document Modified: 2018-02-02 12:15:01

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		Rules and Regulations
Action		Final rule; correction.
Dates		The final rule published August 5, 2016 (81 FR 52056 through 52141) is corrected as of August 30, 2016.
Contact		Christine Grose, (410) 786- 1362.
FR Citation		81 FR 59901
RIN Number		0938-AS78

81 FR 59901 - Medicare Program; Inpatient Rehabilitation Facility Prospective Payment System for Federal Fiscal Year 2017; Correction

DEPARTMENT OF HEALTH AND HUMAN SERVICESCenters for Medicare & Medicaid Services

Federal Register Volume 81, Issue 169 (August 31, 2016)

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