[Federal Register Volume 81, Number 126 (Thursday, June 30, 2016)]
[Rules and Regulations]
[Page 42548]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-15460]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Centers for Medicare & Medicaid Services

42 CFR Parts 416, 482, and 483

[CMS-3277-CN]
RIN 0938-AR72


Medicare and Medicaid Programs; Fire Safety Requirements for 
Certain Health Care Facilities; Correction

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

ACTION: Final rule; correction.

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SUMMARY: This document corrects technical errors that appeared in the 
final rule published in the Federal Register on May 4, 2016, entitled 
``Medicare and Medicaid Programs; Fire Safety Requirements for Certain 
Health Care Facilities.''

DATES: This correction is effective July 5, 2016.

FOR FURTHER INFORMATION CONTACT: Kristin Shifflett, (410) 786-4133.

SUPPLEMENTARY INFORMATION: 

I. Background

    In FR Doc. 2016-10043 of May 4, 2016 (81 FR 26871), there were 
technical errors that are identified and corrected in the Correction of 
Errors section below. The provisions in this correction document are 
effective as if they had been included in the document published May 4, 
2016. Accordingly, the corrections are effective July 5, 2016.

II. Summary of Errors in Regulations Text

    On page 26897, at Sec.  416.44(b)(1), we inadvertently omitted a 
portion of the sentence. We are correcting this sentence to read, ``. . 
. the ASC must meet the provisions applicable to Ambulatory Health Care 
Occupancies, regardless of the number of patients served[.]''.
    On page 26899, at Sec.  482.41(b)(1)(i), we inadvertently omitted a 
sentence. We are correcting this error by adding a sentence to clarify 
that outpatient surgical departments must meet the provisions 
applicable to Ambulatory Health Care Occupancies, regardless of the 
number of patients served.
    On page 26900, at Sec.  483.70(a)(8), we inadvertently specified an 
incorrect facility type. We are correcting this error to specify the 
requirements an LTC facility must meet when a sprinkler system is shut 
down for more than 10 hours.

III. Waiver of Proposed Rulemaking and the 30-Day Delay in Effective 
Date

    We ordinarily publish a notice of proposed rulemaking in the 
Federal Register to provide a period for public comment before the 
provisions of a rule take effect in accordance with section 553(b) of 
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). However, we 
can waive this notice and comment procedure 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.
    Section 553(d) of the APA ordinarily requires a 30-day delay in 
effective date of final rules after the date of their publication in 
the Federal Register. This 30-day delay in effective date can be 
waived; however, if an agency finds for good cause that the delay is 
impracticable, unnecessary, or contrary to the public interest, and the 
agency incorporates a statement of the findings and its reasons in the 
rule issued. In this case, we find that a period for comment and a 
delay in the effective date of publication are both unnecessary, 
because this correction notice merely corrects technical and 
typographical errors in the regulations text and makes no changes in 
CMS policy. For this reason, we believe we have good cause to waive the 
APA notice and comment period and delayed effective date.

IV. Correction of Errors

    In FR Doc. 2016-10043 of May 4, 2016 (81 FR 26871), make the 
following corrections:


Sec.  416.44  [Corrected]

0
1. On page 26897, in the first column, line 1 (Sec.  416.44(b)(1)), 
after the word ``Occupancies'' insert ``, regardless of the number of 
patients served,''.


Sec.  482.41  [Corrected]

0
2. On page 26899, in the first column; in Sec.  482.41(b)(1)(i), add a 
new sentence at the end of the paragraph to read, ``Outpatient surgical 
departments must meet the provisions applicable to Ambulatory Health 
Care Occupancies, regardless of the number of patients served.''


Sec.  483.70  [Corrected]

0
3. On page 26900, in the first column; in Sec.  483.70(a)(8) 
introductory text, in line 2, the word ``ASC'' is corrected to read 
``LTC facility''.

    Dated: June 22, 2016.
Madhura Valverde,
Executive Secretary to the Department, Department of Health and Human 
Services.
[FR Doc. 2016-15460 Filed 6-29-16; 8:45 am]
 BILLING CODE 4120-01-P