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Federal Register / Vol. 86, No. 119 / Thursday, June 24, 2021 / Rules and Regulations
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the inpatient only IPO list as of December 31, 2020, which is codified at 42 CFR 416.166b2iiA. Therefore, we erroneously suggested that total ankle replacement TAR is on the list of ASC covered surgical procedures and can be paid for by Medicare when performed in the ASC, whereas TAR is actually subject to the exception at 416.166b2iiA and is not paid for by Medicare when performed in the ASC. We are revising that paragraph in the preamble to state that total knee arthroplasty TKA and total hip arthroplasty THA are both on the ASC
covered surgical procedures list, and we are deleting the reference to TAR.
III. Waiver of Proposed Rulemaking and Delay in Effective Date Under 5 U.S.C. 553b 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. Specifically, 5
U.S.C. 553 requires the agency to publish a notice of the proposed rule in the Federal Register that includes a reference to the legal authority under which the rule is proposed, and the terms and substance of the proposed rule or a description of the subjects and issues involved. Further, 5 U.S.C. 553
requires the agency to give interested parties the opportunity to participate in the rulemaking through public comment before the provisions of the rule take effect. Similarly, section 1871b1 of the Social Security Act 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 for rulemaking to carry out the administration of the Medicare program under title XVIII of the Act. In addition, section 553d of the APA, and section 1871e1Bi of the Act mandate a 30day delay in effective date after issuance or publication of a rule. Sections 553bB and 553d3 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 1871b2C and 1871e1Bii of the Act, also provide exceptions from the notice and 60-day comment period and delay in effective date requirements of the Act. Section 553bB of the APA
and section 1871b2C 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 553d3 of the
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APA and section 1871e1Bii of the Act allow the agency to avoid the 30day delay in effective date where such delay is contrary to the public interest and an agency includes a statement of support.
We believe that this correcting document does not constitute a rule that would be subject to the notice and comment or delayed effective date requirements of the APA or section 1871
of the Act. This correcting document corrects technical errors in the preamble 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 information in the final rule accurately reflects 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 publics interest to ensure that the final rule accurately reflects our policies.
Furthermore, such procedures would be unnecessary, as we are not altering payment eligibility or benefit methodologies or policies, but rather, simply correcting the preamble description of policies that we previously proposed, received comment on, and subsequently finalized. This correcting document is intended solely to ensure that the final rule accurately reflects these policies. Therefore, we believe we have good cause to waive the requirements for notice and comment and delay of effective date.
IV. Correction of Errors In FR Doc. 202109097 of May 3, 2021 86 FR 23496, make the following corrections:
1. On page 23553, second column, first partial paragraph, a. Lines 6 through 11, the phrase remove TAR and certain other orthopedic procedures from the IPO list and allow all procedures not on the IPO
list to be paid when furnished in both the outpatient hospital and ASC
settings is corrected to read add THAs to the ASC covered procedures list.
b. Lines 11 through 13, the phrase all procedures included in the CJR model can, as of CY 2021, be performed in the ASC setting is corrected to read both TKA and THA may, as of CY 2021, be paid for by Medicare when furnished in the ASC setting.

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c. Line 15, the phrase hospital setting is corrected to read hospital settings.
Karuna Seshasai, Executive Secretary to the Department, Department of Health and Human Services.
FR Doc. 202113324 Filed 62321; 8:45 am BILLING CODE 415028P

FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Part 51
WC Docket No. 18156; FCC 20143; FRS
33399

8YY Charge Reform Federal Communications Commission.
ACTION: Final rule; announcement of effective date.
AGENCY:

In this document, the Commission announces that the Office of Management and Budget OMB has approved, for a period of three years, the information collection associated with the Commissions 8YY Charge Reform Report and Order Orders toll free or 8YY intercarrier compensation rules.
This document is consistent with the Order, which stated that the Commission would publish a document in the Federal Register announcing the effective date of those rules.
DATES: The amendments to 51.907i through k instruction 4, 51.909l through o instruction 5, and 51.911e instruction 6.b, published at 85 FR 75894, November 27, 2020, are effective June 24, 2021.
FOR FURTHER INFORMATION CONTACT:
Ahuva Battams, Pricing Policy Division, Wireline Competition Bureau, at 202
4181565, or email: ahuva.battams@
fcc.gov.
SUMMARY:

This document announces that, on May 13, 2021, OMB approved, for a period of three years, the information collection requirements relating to the 8YY
intercarrier compensation rules contained in the Commissions Order, FCC 20143, published at 85 FR 75894.
The OMB Control Number is 3060
0298. The Commission publishes this document as an announcement of the effective date of the rules. If you have any comments on the burden estimates listed below, or how the Commission can improve the collections and reduce any burdens caused thereby, please contact Nicole Ongele, Federal Communications Commission, 45 L St.
NE, Washington, DC 20554. Please
SUPPLEMENTARY INFORMATION:

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