[Federal Register Volume 78, Number 106 (Monday, June 3, 2013)]
[Rules and Regulations]
[Page 32991]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-13151]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Centers for Medicare & Medicaid Services

42 CFR Part 433

[CMS-2327-CN]
RIN 0938-AR38


Medicaid Program; Increased Federal Medical Assistance Percentage 
Changes Under the Affordable Care Act of 2010; Correction

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

ACTION: Final rule; correction.

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

SUMMARY: This document corrects a typographical error that appeared in 
the final rule published in the April 2, 2013 Federal Register entitled 
``Medicaid Program; Increased Federal Medical Assistance Percentage 
Changes Under the Affordable Care Act of 2010.''

DATES: Effective June 3, 2013.

FOR FURTHER INFORMATION CONTACT: Annette Brewer, (410) 786-6580.

SUPPLEMENTARY INFORMATION: 

I. Background

    In FR Doc. 2013-07599 of April 2, 2013 (78 FR 19918), there was a 
typographical error that is identified and corrected in the Correction 
of Error section below. The provision in this correction notice is 
effective as if it had been included in the document published April 2, 
2013. Accordingly, the correction is effective on June 3, 2013.

II. Summary of Error

    In the April 2, 2013, we inadvertently made a typographical error 
in the reference cited in the regulations text at Sec.  433.206(h). The 
text currently states, ``Sec.  433.210(c)(6) of (c)(8),'' and it should 
be corrected to read, ``Sec.  433.210(c)(6) or (c)(8).''

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.
    The correction notice corrects a typographical error, and does not 
warrant an additional notice and comment period or a delay in the 
effective date. The typographical error was clear and the meaning of 
the provision remained evident; so such procedures are unnecessary. 
Further, correction of the typographical error will serve the public 
interest by reducing any potential for confusion. Therefore, we find 
good cause to waive requirements for proposed rulemaking and the 
delayed effective date. Consequently, this correction will be effective 
on June 3, 2013.

IV. Correction of Error

    In FR Doc. 2013-07599 of April 2, 2013 (78 FR 19918), make the 
following correction:
    On page 19947, in the 1st column; in the 1st paragraph, on line 1, 
the reference ``Sec.  433.210(c)(6) of (c)(8),'' should be corrected to 
read, ``Sec.  433.210(c)(6) or (c)(8)''.

(Catalog of Federal Domestic Assistance Program No. 93.778, Medical 
Assistance Program)

    Dated: May 29, 2013.
Jennifer Cannistra,
Executive Secretary to the Department, Department of Health and Human 
Services.
[FR Doc. 2013-13151 Filed 5-31-13; 8:45 am]
BILLING CODE 4120-01-P