Federal Travel Regulation; Removal and Reservation Telework Travel Expenses Test Programs and Suggested Guidance for Conference Planning
| Citation | 86 FR 54630 |
| Record Number | 2021-21391 |
| Published date | 04 October 2021 |
| Section | Rules and Regulations |
| Court | General Services Administration |
54630
Federal Register / Vol. 86, No. 189 / Monday, October 4, 2021 / Rules and Regulations
GENERAL SERVICES
ADMINISTRATION
41 CFR Parts 300–90, 301–74,
Appendix E to Chapter 301
[FTR Case 2021–301–01; Docket No. GSA–
FTR–2021–0011, Sequence No. 2]
RIN 3090–AK41
Federal Travel Regulation; Removal
and Reservation Telework Travel
Expenses Test Programs and
Suggested Guidance for Conference
Planning
AGENCY
: Office of Government-wide
Policy (OGP), General Services
Administration (GSA).
ACTION
: Final rule.
SUMMARY
: GSA is amending the Federal
Travel Regulation (FTR) to remove and
reserve the regulations implementing
the Administrator of General Services’
authority to authorize agencies to
conduct telework travel expenses test
programs. The Administrator’s authority
to authorize agencies to conduct such
test programs expired in accordance
with the William M. (Mac) Thornberry
National Defense Authorization Act for
Fiscal Year 2021. GSA is also removing
and reserving regulations, that contain
suggested guidance for conference
planning.
DATES
: Effective November 3, 2021.
FOR FURTHER INFORMATION CONTACT
: Ms.
Jill Denning, Program Analyst, at 202–
208–7642 or travelpolicy@gsa.gov for
clarification of content. For information
pertaining to status or publication
schedules, contact the Regulatory
Secretariat Division at 202–501–4755 or
GSARegSec@gsa.gov. Please cite FTR
Case 2021–301–01.
SUPPLEMENTARY INFORMATION
:
I. Background
This final rule, published as a
proposed rule on May 14, 2021 (86 FR
26455), first amends the FTR to remove
and reserve part 300–90. Originally, this
part was included in the FTR due to the
enactment of Public Law (Pub. L.) 111–
292, the ‘‘Telework Enhancement Act of
2010,’’ codified at 5 U.S.C. 5711, which
authorized the creation of agency
telework travel expenses test programs
subject to approval by the Administrator
of General Services.
When submitting a test program
proposal to GSA, agencies were directed
to include an analysis of the expected
cost and benefits and a set of criteria for
evaluating the effectiveness of the
program. Once approved, participating
agencies were required to submit an
annual report on the results of the test
program, including overall costs and
benefits.
Only one Federal agency, the United
States Patent and Trademark Office
(USPTO), requested and then
implemented a telework travel expenses
test program under this authority. When
Public Law 116–283 became effective on
January 1, 2021, it made the USPTO
telework travel expenses program
permanent. At that time, the law did not
extend the Administrator of General
Services’ authority to approve telework
travel expenses test programs, so it
expired as of December 31, 2020,
making part 300–90 no longer
necessary.
GSA is also removing and reserving
Appendix E to Chapter 301 of the FTR,
‘‘Suggested Guidance for Conference
Planning,’’ first published January 10,
2000 (65 FR 1329). As noted in the title,
the guidance is suggested, not a
mandatory set of instructions agencies
must follow when planning a
conference. Some readers have found
the word ‘‘suggested’’ in the title
confusing and duplicative, considering
similar regulatory instructions regarding
conference planning are located in FTR
part 301–74. GSA believes that general
information on how to plan a
conference, the focus of Appendix E, is
now more widely available through
non-Governmental and professional
resources than it was when the
Appendix was first published.
Finally, one reference to Appendix E
that was in regulatory text is also
removed in accordance with the above.
II. Discussion of Final Rule
This rule removes and reserves both
part 300–90 and Appendix E to Chapter
301 of the FTR. GSA received no
comments in response to the proposed
rule.
III. Executive Orders 12866 and 13563
Executive Orders (E.O.s) 12866 and
13563 direct agencies to assess all costs
and benefits of available regulatory
alternatives, and if regulation is
necessary, to select regulatory
approaches that maximize net benefits
(including potential economic,
environmental, public health and safety
effects, distributive impacts, and
equity). E.O. 13563 emphasizes the
importance of quantifying both costs
and benefits, of reducing costs, of
harmonizing rules, and of promoting
flexibility. This is not a significant
regulatory action and, therefore, is not
subject to review under Section 6(b) of
E.O. 12866, Regulatory Planning and
Review, dated September 30, 1993.
IV. Congressional Review Act
Subtitle E of the Small Business
Regulatory Enforcement Fairness Act of
1996 (codified at 5 U.S.C. 801–808), also
known as the Congressional Review Act
or CRA, generally provides that before a
rule may take effect, the agency
promulgating the rule must submit a
rule report, which includes a copy of
the rule, to each House of the Congress
and to the Comptroller General of the
United States. OIRA has determined
that this rule is not a major rule under
5 U.S.C. 804(2), therefore, GSA did not
submit a rule report.
V. Regulatory Flexibility Act
This final rule will not have a
significant economic impact on a
substantial number of small entities
within the meaning of the Regulatory
Flexibility Act, 5 U.S.C. 601, et seq. This
final rule is also exempt from the
Administrative Procedure Act pursuant
to 5 U.S.C. 553(a)(2) because it applies
to agency management or personnel.
Therefore, an Initial Regulatory
Flexibility Analysis was not performed.
VI. Paperwork Reduction Act
The Paperwork Reduction Act does
not apply because the changes to the
FTR do not impose recordkeeping or
information collection requirements, or
the collection of information from
offerors, contractors, or members of the
public that require the approval of the
Office of Management and Budget
(OMB) under 44 U.S.C. 3501, et seq.
List of Subjects in 41 CFR Parts 300–90
and 301–74, and Appendix E to Chapter
301
Government employees, Reporting
and recordkeeping requirements, Travel
and transportation expenses.
Robin Carnahan,
Administrator of General Services.
Therefore, under the authority 5
U.S.C. 5707 and 5711, GSA removes 41
CFR parts 300–90, amends 301–74, and
removes Appendix E to Chapter 301 as
set forth below:
PART 300–90—[REMOVED AND
RESERVED]
■1. Remove and reserve part 300–90.
PART 301–74–CONFERENCE
PLANNING
■2. The authority citation for 41 CFR
301–74 continues to read as follows:
Authority: 5 U.S.C. 5707.
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54631
Federal Register / Vol. 86, No. 189 / Monday, October 4, 2021 / Rules and Regulations
§ 301–74.4 [Amended]
■3. Amend § 301–74.4 by removing the
last sentence of the paragraph.
Appendix E to Chapter 301—[Removed
and Reserved]
■4. Remove and reserve Appendix E to
Chapter 301.
[FR Doc. 2021–21391 Filed 10–1–21; 8:45 am]
BILLING CODE P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Centers for Medicare & Medicaid
Services
42 CFR Part 412
[CMS–1750–CN]
RIN 0938–AU40
Medicare Program; Fiscal Year (FY)
2022 Inpatient Psychiatric Facilities
Prospective Payment System and
Quality Reporting Updates for Fiscal
Year Beginning October 1, 2021 (FY
2022); Correction
AGENCY
: Centers for Medicare &
Medicaid Services (CMS), HHS.
ACTION
: Final rule; correction.
SUMMARY
: This document corrects
technical errors that appeared in the
final rule published in the Federal
Register on August 4, 2021 entitled
‘‘Medicare Program; FY 2022 Inpatient
Psychiatric Facilities Prospective
Payment System and Quality Reporting
Updates for Fiscal Year Beginning
October 1, 2021 (FY 2022)’’.
DATES
: This correction is effective
October 1, 2021.
FOR FURTHER INFORMATION CONTACT
:
Lauren Lowenstein, (410) 786–4507
for information regarding the Inpatient
Psychiatric Facility Quality Reporting
(IPFQR) Program.
The IPF Payment Policy mailbox at
IPFPaymentPolicy@cms.hhs.gov for
general information.
Nicolas Brock, (410) 786–5148 or
Theresa Bean (410) 786–2287, for
information regarding the outlier fixed
dollar loss threshold amount and the
regulatory impact analysis.
SUPPLEMENTARY INFORMATION
:
I. Background
In FR Doc. 2021–16336 of August 4,
2021 (86 FR 42608), there were a
number of technical errors that are
identified and corrected in this
correcting document. The provisions in
this correction document are effective as
if they had been included in the
document published on August 4, 2021.
Accordingly, the corrections are
effective October 1, 2021.
II. Summary of Errors
A. Summary of Errors in the Preamble
1. Inpatient Psychiatric Facilities
Prospective Payment System (IPF PPS)
Corrections
There was a technical error in the
simulation of Inpatient Psychiatric
Facilities (IPF) payments that affected
the impact analysis and the calculation
of the final outlier fixed dollar loss
threshold amount. In estimating the
percentage of outlier payments as a
percentage of total payments, we
inadvertently applied provider
information from the January, 2021
update of the Provider-Specific File
(PSF) instead of the most recently
available update from April, 2021. For
fiscal year (FY) 2022, we finalized our
proposal to update the IPF outlier
threshold amount using FY 2019 claims
data and the same methodology that we
used to set the initial outlier threshold
amount in the Rate Year 2007 IPF PPS
final rule (71 FR 27072 and 27073). In
accordance with that longstanding
methodology, the calculation of
estimated outlier payments should have
used the April, 2021 provider
information rather than the January,
2021 provider information.
As a result of the error in estimating
outlier payments, the FY 2022 IPF PPS
final rule overstated the estimate of
increased transfers from the federal
government to IPF providers. We
estimated $80 million in increased
transfers from the federal government to
IPF providers; however, based on the
corrected calculation of the outlier fixed
dollar loss threshold amount, the correct
estimate of increased transfers from the
federal government to IPF providers
should be $70 million. Also, as a result
of the error in estimating outlier
payments, the FY 2022 IPF PPS final
rule incorrectly estimated and described
the impact of the final rule on various
provider types and the total number of
providers included in the analysis.
On page 42608, in the third column,
second bullet, seventh sub-bullet, the
fixed dollar loss threshold amount
should be changed from ‘‘$14,470’’ to
‘‘$16,040’’.
On page 42609, the table summarizing
Total Transfers and Cost reductions
should reflect the corrected estimate of
increased payments to IPFs during FY
2022, which should be corrected from
$80 million to $70 million.
On page 42623, in the third column,
in the third full paragraph, we
incorrectly stated that IPF outlier
payments as a percentage of total
estimated payments were approximately
1.9 percent in FY 2021. The correct
percentage should be 2.1 percent.
On page 42623, in the third column,
in the third full paragraph, we
incorrectly stated that we were
decreasing the outlier threshold amount
to $14,470. The correct update to the
outlier threshold amount should be
increased to $16,040.
2. Inpatient Psychiatric Facilities
Quality Reporting (IPFQR) Program
Corrections
On page 42634, in footnote 93, we
made a typographical error and listed
the date information was accessed as
July 6 instead of July 16.
On page 42645, in the second column
in the first full paragraph, we
inadvertently omitted several words
from the phrase ‘‘is this measure’s
objective’’ which should read ‘‘is not
this measure’s primary objective’’.
On page 42647, in footnote 154, we
inadvertently omitted the end of the
footnote, which should read, ‘‘.,
Alcohol: A probable risk factor of
COVID–19 severity, 7–20–2021.
doi:10.1111/add.15194’’.
On page 42649, in the third column,
in the first full paragraph, we made a
typographical error and referred to ‘‘a
comprehensive program to address
topped out’’ instead of ‘‘a
comprehensive program to address
tobacco use’’.
On page 42657, in the last paragraph
under subsection b, we inadvertently
included the phrase ‘‘to no longer
require facilities. . .’’.
On page 42659, in Table 7, we
inadvertently included the ‘‘Timely
Transmission of Transition Record
(Discharges from an Inpatient Facility to
Home/Self Care or any Other Site of
Care)’’ in the table.
On page 42661, in the last paragraph,
last sentence, under V. Collection of
Information Requirements, we
inadvertently stated ‘‘We have not made
any changes from what was proposed.’’
On page 42669, in Table 15, we made
a typographical error and listed the
annual cost update for the removal of
the Timely Transmission of Transition
Record (Discharges from an Inpatient
Facility to Home/Self Care or Any Other
Site of Care) and the total cost update
as (10,199,836.5050) instead of
(10,199,836.50).
3. Regulatory Impact Analysis
Corrections
On page 42672, in the second column,
we incorrectly stated that ‘‘we estimate
that the total impact of these changes for
FY 2022 payments compared to FY 2021
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