[Federal Register Volume 81, Number 221 (Wednesday, November 16, 2016)]
[Rules and Regulations]
[Page 80594]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-27478]



[[Page 80594]]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Centers for Medicare & Medicaid Services

42 CFR Parts 482, 483, 484, and 485

[CMS-3178-CN]
RIN 0938-AO91


Medicare and Medicaid Programs; Emergency Preparedness 
Requirements for Medicare and Medicaid Participating Providers and 
Suppliers; Correction

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

ACTION: Final rule; correction.

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SUMMARY: This document corrects typographical errors that appeared in 
the final rule published in the Federal Register on September 16, 2016 
entitled ``Medicare and Medicaid Programs; Emergency Preparedness 
Requirements for Medicare and Medicaid Participating Providers and 
Suppliers.''

DATES: This correcting document is effective November 15, 2016.

FOR FURTHER INFORMATION CONTACT:  Ronisha Blackstone, (410) 786-6882.

SUPPLEMENTARY INFORMATION: 

I. Background

    In FR Doc. 2016-21404 which appeared in the September 16, 2016 
Federal Register (81 FR 63860), entitled ``Medicare and Medicaid 
Programs; Emergency Preparedness Requirements for Medicare and Medicaid 
Participating Providers and Suppliers'', there were a number of 
typographical 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 September 16, 2016. Accordingly, the corrections are 
effective November 15, 2016.

II. Summary of Errors

    On page 64030, we inadvertently omitted a paragraph number (that 
is, paragraph (xii)) in numbering the paragraphs in Sec.  482.15(h)(1).
    On page 64032, we inadvertently omitted a paragraph number (that 
is, paragraph (xii)) in numbering the paragraphs in Sec.  483.73(g)(1).
    On page 64034, we made a typographical error in numbering the 
paragraphs in Sec.  484.22(d)(1).
    On page 64037, we inadvertently omitted a paragraph number (that 
is, paragraph (xii)) in numbering the paragraphs in Sec.  
485.625(g)(1).

III. 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 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.
    We believe that this correcting document does not constitute a rule 
that would be subject to the APA notice and comment or delayed 
effective date requirements. This correcting document corrects 
typographical errors in the regulations text of the final rule but does 
not make substantive changes to the policies that were adopted in the 
final rule. As a result, this correcting document is intended to ensure 
that the regulations text in the final rule accurately reflect the 
policies adopted in that final rule.
    In addition, even if this were a rule to which the notice and 
comment procedures 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 final rule or delaying the effective date would 
be contrary to the public interest because it is in the public's 
interest for providers and suppliers to receive the appropriate 
revisions in as timely a manner as possible, and to ensure that the 
Emergency Preparedness Requirements for Medicare and Medicaid 
Participating Providers and Suppliers final rule accurately reflects 
our policies. Furthermore, such procedures would be unnecessary, as we 
are not altering our policies, but rather, we are simply implementing 
correctly the policies that we previously proposed, received comment 
on, and subsequently finalized. This correcting document is intended 
solely to ensure that the Emergency Preparedness Requirements for 
Medicare and Medicaid Participating Providers and Suppliers final rule 
accurately reflects these revisions. Therefore, we believe we have good 
cause to waive the notice and comment and effective date requirements.

IV. Correction of Errors

    In FR Doc. 2016-21404 of September 16, 2016 (81 FR 63860), make the 
following corrections:


Sec.  482.15  [Corrected]

0
1. On page 64030, first column, in Sec.  482.15(h)(1), correctly 
redesignate paragraph (h)(1)(xiii) as paragraph (h)(1)(xii).


Sec.  483.73  [Corrected]

0
2. On page 64032, second column, in Sec.  483.73(g)(1), correctly 
redesignate paragraph (g)(1)(xiii) as paragraph (g)(1)(xii).


Sec.  484.22  [Corrected]

0
3. On page 64034, second column, in Sec.  484.22(d)(1), correct the 
paragraph designated ``(ii) Demonstrate staff'' is to read ``(iv) 
Demonstrate staff''.


Sec.  485.625  [Corrected]

0
4. On page 64037, third column, in Sec.  485.625(g)(1), correctly 
redesignate paragraph (g)(1)(xiii) as paragraph (g)(1)(xii).

    Dated: November 9, 2016.
Madhura Valverde,
Executive Secretary to the Department, Department of Health and Human 
Services.
[FR Doc. 2016-27478 Filed 11-15-16; 8:45 am]
 BILLING CODE 4120-01-P