81 FR 94268 - Medicare Program; End-Stage Renal Disease Quality Incentive Program; Durable Medical Equipment, Prosthetics, Orthotics, and Supplies Competitive Bidding Program Bid Surety Bonds, State Licensure, and Appeals Process for Breach of Contract Actions; Correction
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Centers for Medicare & Medicaid Services Federal Register Volume 81, Issue 247 (December 23, 2016)
Centers for Medicare & Medicaid Services
Federal Register Volume 81, Issue 247 (December 23, 2016)
| Page Range | 94268-94270 | |
| FR Document | 2016-31019 |
[Federal Register Volume 81, Number 247 (Friday, December 23, 2016)] [Rules and Regulations] [Pages 94268-94270] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-31019] [[Page 94268]] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF HEALTH AND HUMAN SERVICES Centers for Medicare & Medicaid Services 42 CFR Parts 413, 414 and 494 [CMS-1651-CN] Medicare Program; End-Stage Renal Disease Quality Incentive Program; Durable Medical Equipment, Prosthetics, Orthotics, and Supplies Competitive Bidding Program Bid Surety Bonds, State Licensure, and Appeals Process for Breach of Contract Actions; Correction AGENCY: Centers for Medicare & Medicaid Services (CMS), HHS. ACTION: Final rule; correction. ----------------------------------------------------------------------- SUMMARY: This document corrects technical and typographical errors that appeared in the final rule published in the Federal Register on November 4, 2016, entitled ``Medicare Program; End-Stage Renal Disease Prospective Payment System, Coverage and Payment for Renal Dialysis Services Furnished to Individuals with Acute Kidney Injury, End-Stage Renal Disease Quality Incentive Program, Durable Medical Equipment, Prosthetics, Orthotics and Supplies Competitive Bidding Program Bid Surety Bonds, State Licensure and Appeals Process for Breach of Contract Actions, Durable Medical Equipment, Prosthetics, Orthotics and Supplies Competitive Bidding Program and Fee Schedule Adjustments, Access to Care Issues for Durable Medical Equipment; and the Comprehensive End-Stage Renal Disease Care Model.'' DATES: This correction is effective on January 1, 2017. FOR FURTHER INFORMATION CONTACT: Julia Howard, (410) 786-8645, for issues related to DMEPOS CBP and bid surety bonds, state licensure, and the appeals process for breach of DMEPOS CBP contract actions. Stephanie Frilling, (410) 786-4507, for issues related to the ESRD QIP. SUPPLEMENTARY INFORMATION: I. Background In FR Doc. 2016-26152 of November 4, 2016 (81 FR 77834) (hereinafter referred to as the CY 2017 ESRD PPS final rule) there are technical and typographical errors that are discussed in the ``Summary of Errors,'' and further identified and corrected in the ``Correction of Errors'' section below. The provisions in this correction notice are effective as if they had been included in the CY 2017 ESRD PPS final rule published in the Federal Register on November 4, 2016. II. Summary of Errors On page 77874, we inadvertently made technical errors with respect to the calculation of the performance standard values in Table 2, ``Improvement of Performance Standards Over Time.'' On page 77886, we inadvertently made technical errors with respect to the calculation based on the most recently available data of the Achievement Threshold and Performance Standard values that apply to the Kt/V Composite, Standardized Transfusion Ratio and Hypercalcemia measures, and the calculation based on the most recently available data of the Achievement Threshold, Benchmark and Performance Standard values that apply to the ICH CAHPS measure in Table 6, ``Finalized Numerical Values for the Performance Standards for the PY 2019 ESRD QIP Clinical Measures Using the Most Recently Available Data.'' We also inadvertently included values for the Achievement Threshold, Benchmark and Performance Standard for the Standardized Hospitalization Ratio Clinical Measure, which is not a measure that we have adopted for the PY 2019 program. On page 77897, we inadvertently included values for the Standardized Hospitalization Ratio Clinical Measure, which is not a finalized PY 2019 ESRD QIP measure, in Table 12, ``PY 2020 Clinical Measure Including Facilities With at Least 11 Eligible Patients Per Measure.'' On page 77932 we made a technical error in our response to the first comment under ``1. Bid Surety Bond Requirement''. In our response, we stated ``While we acknowledge that there will be a number of entities that are required to make large expenditures in order to obtain a bid surety bond for each CBA in which they are submitting a bid, we anticipate that this revision on the bid surety bond amount from $100,000 to $50,000 will reduce that overall burden on all suppliers.'' We inadvertently included the term ``suppliers'' at the end of the sentence but the term should read ``bidders.'' On page 77933 in our response to the comment on why the bid surety bond was only required until January 1, 2019, we inadvertently included a ``1'' in the reference to the round of competition in 2019 in which the bid surety bond requirement commences. The reference should read ``Round 2019'' and not ``Round 1 2019.'' At the top of page 77934 in our discussion on ``Appeals Process for a DMEPOS Competitive Bidding Breach of Contract Action'' we repeated a typographical error from the proposed rule (81 FR 42849) by stating that we proposed removing ``Sec. 414.423(g)(2)(i)'' from the regulation. The correct citation in this discussion should read ``Sec. 414.422(g)(2)(i)'', consistent with the proposal to remove corrective action plan from the list of actions for a breach of contract in the regulation, as described in the preamble and regulation text of the proposed and final rules (81 FR 42849, 42878, and 81 FR 77934, 77967). III. Waiver of Proposed Rulemaking, 60-Day Comment Period, and Delay of 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 before the provisions of a rule take effect. Similarly, section 1871(b)(1) of the Act requires the Secretary to provide 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 notice and comment and delay in effective date. APA 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 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 rulemaking requirements for good cause if the agency makes a finding that the notice and comment process are impracticable, unnecessary, or contrary to the public interest. In addition, both 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 an agency includes a statement of support. In our view, this correcting document does not constitute rulemaking that would be subject to these requirements. This correcting document is simply correcting technical errors in the preamble and does not make substantive changes to the policies or payment methodologies that were adopted in the final rule, and therefore, it is unnecessary to follow the notice and comment procedure in this instance. [[Page 94269]] 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 ESRD PPS final rule or delaying the effective date would be contrary to the public interest because it is in the public's interest for dialysis facilities to receive appropriate payments in as timely a manner as possible, and to ensure that the CY 2017 ESRD PPS final rule accurately reflects our policies as of the date they take effect and are applicable. Further, such procedures would be unnecessary, because we are not altering the payment methodologies or policies. For these reasons, we believe we have good cause to waive the notice and comment and effective date requirements. IV. Correction of Errors In FR Doc. 2016-26152 of November 4, 2016 (81 FR 77834), we make the following corrections: 1. On page 77874, Table 2 is corrected to read as follows: Table 2--Improvement of Performance Standards Over Time ---------------------------------------------------------------------------------------------------------------- Measure PY 2015 PY 2016 PY 2017 PY 2018 PY 2019 ---------------------------------------------------------------------------------------------------------------- Hemoglobin >12 g/dL............. 1% 0% .............. .............. .............. Vascular Access Type: % Fistula................... 60% 62.3% 64.46% 65.94% 65.93% % Catheter.................. 13% 10.6% 9.92% 8.80% 9.19% Kt/V: Adult Hemodialysis.......... 93% 93.4% 96.89% 97.24% .............. Adult Peritoneal Dialysis... 84% 85.7% 87.10% 89.47% .............. Pediatric Hemodialysis...... 93% 93% 94.44% 93.94% .............. Pediatric Peritoneal .............. .............. .............. 72.60% .............. Dialysis................... Hypercalcemia................... .............. 1.70% 1.30% 1.19% 1.85% NHSN Bloodstream Infection SIR.. .............. .............. .............. 0.861 0.797 Standardized Readmission Ratio.. .............. .............. 0.998 0.998 0.998 Standardized Transfusion Ratio.. .............. .............. .............. 0.923 0.894 ---------------------------------------------------------------------------------------------------------------- 2. On page 77886, Table 6 is corrected to read as follows: Table 6--Finalized Numerical Values for the Performance Standards for the PY 2019 ESRD QIP Clinical Measures Using the Most Recently Available Data ---------------------------------------------------------------------------------------------------------------- Achievement Performance Measure threshold Benchmark standard ---------------------------------------------------------------------------------------------------------------- Vascular Access Type: %Fistula........................................... 53.66% 79.62% 65.93% %Catheter.......................................... 17.20% 2.95% 9.19% Kt/V Composite......................................... 86.99% 97.74% 93.08% Hypercalcemia.......................................... 4.24% 0.32% 1.85% Standardized Transfusion Ratio......................... 1.488 0.421 0.901 Standardized Readmission Ratio......................... 1.289 0.624 0.998 NHSN Bloodstream Infection............................. 1.738 0 0.797 ICH CAHPS: Nephrologists' Communication and Caring..... 56.41% 77.06% 65.89% ICH CAHPS: Quality of Dialysis Center Care and 52.88% 71.21% 60.75% Operations............................................ ICH CAHPS: Providing Information to Patients........... 72.09% 85.55% 78.59% ICH CAHPS: Overall Rating of Nephrologists............. 49.33% 76.57% 62.22% ICH CAHPS: Overall Rating of Dialysis Center Staff..... 48.84% 77.42% 62.26% ICH CAHPS: Overall Rating of the Dialysis Facility..... 51.18% 80.58% 65.13% ---------------------------------------------------------------------------------------------------------------- Data Sources: VAT measures: 2015 Medicare claims; SRR, STrR: 2015 Medicare claims; Kt/V: 2015 Medicare claims and 2015 CROWNWEB; Hypercalcemia: 2015 CROWNWeb; NHSN: CDC; CAHPS: 2015 ICH CAHPS surveys. [[Page 94270]] 3. On page 77897, Table 12 is corrected to read as follows: Table 12--PY 2020 Clinical Measures Including Facilities With at Least 11 Eligible Patients per Measure -------------------------------------------------------------------------------------------------------------------------------------------------------- Statistically Measure N 75th/25th 90th/10th Std error Indistin- Truncated Truncated TCV TCV's 0.10 Percentile Percentile guishable mean SD -------------------------------------------------------------------------------------------------------------------------------------------------------- Kt/V Delivered Dose above 6210 96.0 98.0 0.093 No.............. 92.5 4.20 0.05 Yes. minimum. Fistula Use.................... 5906 73.2 79.6 0.148 No.............. 65.7 8.88 0.14 No. Catheter Use................... 5921 5.43 2.89 0.093 No.............. \1\ 90.1 5.16 <0.01 Yes. Serum Calcium >10.2............ 6257 0.91 0.32 0.049 No.............. \1\ 97.8 1.48 <0.01 Yes. NHSN--SIR...................... 5781 0.41 0.00 0.011 No.............. 0.963 0.57 <0.01 Yes. SRR............................ 5739 0.82 0.64 0.004 No.............. 0.995 0.21 <0.01 Yes. STrR........................... 5650 0.64 0.43 0.008 No.............. 0.965 0.37 <0.01 Yes. ICH CAHPS: Nephrologists communication and 3349 71.8 77.1 0.159 No.............. 65.7 7.11 0.11 No. caring. Quality of dialysis center care 3349 66.2 71.2 0.134 No.............. 60.9 6.20 0.10 No. and operations. Providing information to 3349 82.4 85.6 0.101 No.............. 78.4 4.61 0.06 Yes. patients. Rating of Nephrologist......... 3349 69.9 76.6 0.204 No.............. 62.0 9.29 0.15 No. Rating of dialysis facility 3349 70.9 77.4 0.215 No.............. 62.0 9.92 0.16 No. staff. Rating of dialysis center...... 3349 73.8 80.6 0.221 No.............. 64.8 10.18 0.16 No. -------------------------------------------------------------------------------------------------------------------------------------------------------- \1\ Truncated mean for percentage is reversed (100 percent-truncated mean) for measures where lower score = better performance. 4. On page 77932, third column, line 17, the word ``suppliers'' is corrected to read as ``bidders''. 5. On page 77933, first column, line 30, remove the number ``1'' before ``2019''. 6. On page 77934, first column, line 3, the citation ``Sec. 414.423(g)(2)(i)'' is corrected to read ``Sec. 414.422(g)(2)(i)''. Dated: December 19, 2016. Madhura Valverde, Executive Secretary to the Department, Department of Health and Human Services. [FR Doc. 2016-31019 Filed 12-22-16; 8:45 am] BILLING CODE 4120-01-P
![94268 Federal Register / Vol. 81, No. 247 / Friday, December 23, 2016 / Rules and Regulations
DEPARTMENT OF HEALTH AND rule published in the Federal Register DMEPOS Competitive Bidding Breach
HUMAN SERVICES on November 4, 2016. of Contract Action’’ we repeated a
typographical error from the proposed
Centers for Medicare & Medicaid II. Summary of Errors
rule (81 FR 42849) by stating that we
Services On page 77874, we inadvertently proposed removing ‘‘§ 414.423(g)(2)(i)’’
made technical errors with respect to from the regulation. The correct citation
42 CFR Parts 413, 414 and 494 the calculation of the performance in this discussion should read
standard values in Table 2, ‘‘§ 414.422(g)(2)(i)’’, consistent with the
[CMS–1651–CN] ‘‘Improvement of Performance proposal to remove corrective action
Medicare Program; End-Stage Renal Standards Over Time.’’ plan from the list of actions for a breach
On page 77886, we inadvertently of contract in the regulation, as
Disease Quality Incentive Program;
made technical errors with respect to described in the preamble and
Durable Medical Equipment,
the calculation based on the most regulation text of the proposed and final
Prosthetics, Orthotics, and Supplies
recently available data of the rules (81 FR 42849, 42878, and 81 FR
Competitive Bidding Program Bid Achievement Threshold and
Surety Bonds, State Licensure, and 77934, 77967).
Performance Standard values that apply
Appeals Process for Breach of to the Kt/V Composite, Standardized III. Waiver of Proposed Rulemaking,
Contract Actions; Correction Transfusion Ratio and Hypercalcemia 60-Day Comment Period, and Delay of
measures, and the calculation based on Effective Date
AGENCY: Centers for Medicare &
Medicaid Services (CMS), HHS. the most recently available data of the Under 5 U.S.C. 553(b) of the
ACTION: Final rule; correction.
Achievement Threshold, Benchmark Administrative Procedure Act (APA),
and Performance Standard values that the agency is required to publish a
SUMMARY: This document corrects apply to the ICH CAHPS measure in notice of the proposed rule in the
technical and typographical errors that Table 6, ‘‘Finalized Numerical Values Federal Register before the provisions
appeared in the final rule published in for the Performance Standards for the of a rule take effect. Similarly, section
the Federal Register on November 4, PY 2019 ESRD QIP Clinical Measures 1871(b)(1) of the Act requires the
2016, entitled ‘‘Medicare Program; End- Using the Most Recently Available Secretary to provide notice of the
Stage Renal Disease Prospective Data.’’ We also inadvertently included proposed rule in the Federal Register
Payment System, Coverage and Payment values for the Achievement Threshold, and provide a period of not less than 60
for Renal Dialysis Services Furnished to Benchmark and Performance Standard days for public comment. In addition,
Individuals with Acute Kidney Injury, for the Standardized Hospitalization section 553(d) of the APA, and section
End-Stage Renal Disease Quality Ratio Clinical Measure, which is not a 1871(e)(1)(B)(i) of the Act mandate a 30-
Incentive Program, Durable Medical measure that we have adopted for the day delay in effective date after issuance
Equipment, Prosthetics, Orthotics and PY 2019 program. or publication of a rule. Sections
Supplies Competitive Bidding Program On page 77897, we inadvertently 553(b)(B) and 553(d)(3) of the APA
Bid Surety Bonds, State Licensure and included values for the Standardized provide for exceptions from the notice
Appeals Process for Breach of Contract Hospitalization Ratio Clinical Measure, and comment and delay in effective
Actions, Durable Medical Equipment, which is not a finalized PY 2019 ESRD date. APA requirements; in cases in
Prosthetics, Orthotics and Supplies QIP measure, in Table 12, ‘‘PY 2020 which these exceptions apply, sections
Competitive Bidding Program and Fee Clinical Measure Including Facilities 1871(b)(2)(C) and 1871(e)(1)(B)(ii) of the
Schedule Adjustments, Access to Care With at Least 11 Eligible Patients Per Act provide exceptions from the notice
Issues for Durable Medical Equipment; Measure.’’ and 60-day comment period and delay
and the Comprehensive End-Stage Renal On page 77932 we made a technical in effective date requirements as well.
Disease Care Model.’’ error in our response to the first Section 553(b)(B) of the APA and
comment under ‘‘1. Bid Surety Bond section 1871(b)(2)(C) of the Act
DATES: This correction is effective on
Requirement’’. In our response, we authorize an agency to dispense with
January 1, 2017.
stated ‘‘While we acknowledge that normal rulemaking requirements for
FOR FURTHER INFORMATION CONTACT: Julia there will be a number of entities that good cause if the agency makes a
Howard, (410) 786–8645, for issues are required to make large expenditures finding that the notice and comment
related to DMEPOS CBP and bid surety in order to obtain a bid surety bond for process are impracticable, unnecessary,
bonds, state licensure, and the appeals each CBA in which they are submitting or contrary to the public interest. In
process for breach of DMEPOS CBP a bid, we anticipate that this revision on addition, both section 553(d)(3) of the
contract actions. Stephanie Frilling, the bid surety bond amount from APA and section 1871(e)(1)(B)(ii) of the
(410) 786–4507, for issues related to the $100,000 to $50,000 will reduce that Act allow the agency to avoid the 30-
ESRD QIP. overall burden on all suppliers.’’ We day delay in effective date where such
SUPPLEMENTARY INFORMATION: inadvertently included the term delay is contrary to the public interest
‘‘suppliers’’ at the end of the sentence and an agency includes a statement of
I. Background
but the term should read ‘‘bidders.’’ support.
In FR Doc. 2016–26152 of November On page 77933 in our response to the In our view, this correcting document
4, 2016 (81 FR 77834) (hereinafter comment on why the bid surety bond does not constitute rulemaking that
referred to as the CY 2017 ESRD PPS was only required until January 1, 2019, would be subject to these requirements.
final rule) there are technical and we inadvertently included a ‘‘1’’ in the This correcting document is simply
jstallworth on DSK7TPTVN1PROD with RULES
typographical errors that are discussed reference to the round of competition in correcting technical errors in the
in the ‘‘Summary of Errors,’’ and further 2019 in which the bid surety bond preamble and does not make substantive
identified and corrected in the requirement commences. The reference changes to the policies or payment
‘‘Correction of Errors’’ section below. should read ‘‘Round 2019’’ and not methodologies that were adopted in the
The provisions in this correction notice ‘‘Round 1 2019.’’ final rule, and therefore, it is
are effective as if they had been At the top of page 77934 in our unnecessary to follow the notice and
included in the CY 2017 ESRD PPS final discussion on ‘‘Appeals Process for a comment procedure in this instance.
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![94270 Federal Register / Vol. 81, No. 247 / Friday, December 23, 2016 / Rules and Regulations
3. On page 77897, Table 12 is
corrected to read as follows:
TABLE 12—PY 2020 CLINICAL MEASURES INCLUDING FACILITIES WITH AT LEAST 11 ELIGIBLE PATIENTS PER MEASURE
Statistically
75th/25th 90th/10th Truncated Truncated
Measure N Std error Indistin- TCV TCV’s 0.10
Percentile Percentile mean SD
guishable
Kt/V Delivered Dose above minimum .. 6210 96.0 98.0 0.093 No ............. 92.5 4.20 0.05 Yes.
Fistula Use ........................................... 5906 73.2 79.6 0.148 No ............. 65.7 8.88 0.14 No.
Catheter Use ........................................ 5921 5.43 2.89 0.093 No ............. 1 90.1 5.16 <0.01 Yes.
Serum Calcium >10.2 .......................... 6257 0.91 0.32 0.049 No ............. 1 97.8 1.48 <0.01 Yes.
NHSN—SIR ......................................... 5781 0.41 0.00 0.011 No ............. 0.963 0.57 <0.01 Yes.
SRR ...................................................... 5739 0.82 0.64 0.004 No ............. 0.995 0.21 <0.01 Yes.
STrR ..................................................... 5650 0.64 0.43 0.008 No ............. 0.965 0.37 <0.01 Yes.
ICH CAHPS:
Nephrologists communication and car- 3349 71.8 77.1 0.159 No ............. 65.7 7.11 0.11 No.
ing.
Quality of dialysis center care and op- 3349 66.2 71.2 0.134 No ............. 60.9 6.20 0.10 No.
erations.
Providing information to patients ......... 3349 82.4 85.6 0.101 No ............. 78.4 4.61 0.06 Yes.
Rating of Nephrologist ......................... 3349 69.9 76.6 0.204 No ............. 62.0 9.29 0.15 No.
Rating of dialysis facility staff ............... 3349 70.9 77.4 0.215 No ............. 62.0 9.92 0.16 No.
Rating of dialysis center ....................... 3349 73.8 80.6 0.221 No ............. 64.8 10.18 0.16 No.
1 Truncated mean for percentage is reversed (100 percent¥truncated mean) for measures where lower score = better performance.
4. On page 77932, third column, line Avenue SE., Washington, DC 20590 maintenance-of-way (MOW) employees
17, the word ‘‘suppliers’’ is corrected to (telephone 202–493–6313); or Sam Noe, (81 FR 37894). MOW employees will
read as ‘‘bidders’’. FRA Drug and Alcohol Program become subject to FRA random drug
5. On page 77933, first column, line Specialist (telephone 615–719–2951). and alcohol testing on June 12, 2017,
30, remove the number ‘‘1’’ before SUPPLEMENTARY INFORMATION: For the when the final rule takes effect. In 1994,
‘‘2019’’. next calendar year, FRA determines the when FRA, in concert with the other
6. On page 77934, first column, line minimum annual random drug testing DOT modes, established a drug MIS
3, the citation ‘‘§ 414.423(g)(2)(i)’’ is rate and the minimum annual random system (58 FR 68232, December 23,
corrected to read ‘‘§ 414.422(g)(2)(i)’’. alcohol testing rate for railroad 1993), FRA set its initial minimum
Dated: December 19, 2016. employees covered by hours of service random drug testing rate at 50 percent
Madhura Valverde, laws and regulations (covered service for covered employees because of the
employees) based on the railroad lack of data to gauge the extent of the
Executive Secretary to the Department,
Department of Health and Human Services. industry data available for the two drug abuse problem at that time. FRA
previous calendar years (for this Notice, set its minimum random alcohol testing
[FR Doc. 2016–31019 Filed 12–22–16; 8:45 am]
calendar years 2014 and 2015). Railroad rate for covered employees at 25 percent
BILLING CODE 4120–01–P
industry data submitted to FRA’s for the same reason. As its MIS data
Management Information System (MIS) continued to show consistently low
shows the rail industry’s random drug industry-wide drug and alcohol positive
DEPARTMENT OF TRANSPORTATION testing positive rate for covered service rates among covered employees, FRA
employees has continued to be below lowered its minimum annual random
Federal Railroad Administration 1.0 percent for the applicable two drug and alcohol testing rates to their
calendar years. FRA’s Administrator has
49 CFR Part 219 current respective rates of 25 and 10
therefore determined the minimum
percent.
[Docket No. FRA–2001–11213, Notice No. annual random drug testing rate for the
21] period January 1, 2017, through Similarly, because FRA has no MIS
December 31, 2017, will remain at 25 data for MOW employees yet, the
Drug and Alcohol Testing: percent of covered service employees Administrator has determined that for
Determination of Minimum Random under § 219.602 of FRA’s drug and the period June 12, 2017, through
Testing Rates for 2017 alcohol rule (49 CFR part 219). In December 31, 2017, the minimum
addition, because the industry-wide annual random drug testing rate will be
AGENCY: Federal Railroad
random alcohol testing violation rate for set at 50 percent of MOW employees,
Administration (FRA), Department of
covered service employees has and the minimum annual random
Transportation (DOT).
continued to be below 0.5 percent for alcohol testing rate will be set at 25
ACTION: Notice of determination. percent of MOW employees. As with
the applicable two calendar years, the
SUMMARY: This notice of determination Administrator has determined the covered employees, because these rates
provides the FRA Administrator’s minimum random alcohol testing rate represent minimums, railroads may
minimum annual random drug and will remain at 10 percent of covered conduct FRA random testing of MOW
alcohol testing rates for calendar year service employees for the period employees at higher rates.
jstallworth on DSK7TPTVN1PROD with RULES
2017. January 1, 2017, through December 31, Issued in Washington, DC, on December
2017, under § 219.608. Because these 20, 2016.
DATES:Effective December 23, 2016. rates represent minimums, railroads
Sarah E. Feinberg,
FOR FURTHER INFORMATION CONTACT: Jerry may conduct FRA random testing at
Powers, FRA Drug and Alcohol Program higher rates. Administrator.
Manager, W33–310, Federal Railroad In a June 10, 2016, final rule, FRA [FR Doc. 2016–31009 Filed 12–22–16; 8:45 am]
Administration, 1200 New Jersey expanded the scope of part 219 to cover BILLING CODE 4910–06–P
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Document Created: 2016-12-23 12:30:06
Document Modified: 2016-12-23 12:30:06
| 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 | This correction is effective on January 1, 2017. | |
| Contact | Julia Howard, (410) 786-8645, for issues related to DMEPOS CBP and bid surety bonds, state licensure, and the appeals process for breach of DMEPOS CBP contract actions. Stephanie Frilling, (410) 786-4507, for issues related to the ESRD QIP. | |
| FR Citation | 81 FR 94268 | |
| CFR Citation | 42
CFR
413 42 CFR 414 42 CFR 494 |
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