Federal Register / Vol. 78, No. 49 / Wednesday, March 13, 2013 / Rules and Regulations 15883 

B. Errors in and Corrections to Tables 

Posted on the CMS Web Site 

In the August 31, 2012 FY 2013 IPPS/ 

LTCH PPS final rule Federal Register 

(77 FR 53717), we list Table 15 as table 

that is available only through the 

Internet. 

In Table 15.—FY 2013 Final 

Readmissions Adjustment Factors, we 

are correcting technical errors in the 

calculation of the readmissions 

adjustment factors published for the FY 

2013 IPPS/LTCH PPS final rule. For the 

FY 2013 IPPS/LTCH PPS final rule and 

for the subsequent October 3, 2012 

correcting document, we inadvertently 

failed to properly include all of 

Medicare inpatient claims from the FY 

2008 MedPAR file and the FY 2009 

MedPAR file in determining the base 

operating DRG payment amounts in the 

calculation of aggregate payments for 

excess readmissions and aggregate 

payments for all discharges that were 

used to calculate the readmissions 

adjustment factors. Under the policy we 

adopted in that final rule, for FY 2013, 

aggregate payments for excess 

readmissions and aggregate payments 

for all discharges are calculated using 

data from MedPAR claims with 

discharge dates that are on or after July 

1, 2008, and no later than June 30, 2011. 

The corrections to Tables 15 

discussed in this section of the 

correction document will be posted on 

the CMS Web site at http://www.cms.

hhs.gov/AcuteInpatientPPS/01_

overview.asp. Click on the link on the 

left side of the screen titled, ‘‘FY 2013 

IPPS Final Rule Home Page’’ or ‘‘Acute 

Inpatient—Files for Download.’’ 

III. Waiver of Proposed Rulemaking 

and Delay of 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(b) 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 our view, this correcting document 

does not constitute a rulemaking that 

would be subject to the APA notice and 

comment or delayed effective date 

requirements. This correcting document 

corrects technical errors regarding the 

Hospital Readmissions Reduction 

Program in the October 3, 2012 

correcting document and Table 15 of the 

Addendum of the FY 2013 IPPS/LTCH 

PPS final rule and does not make 

substantive changes to the policies or 

payment methodologies that were 

adopted in the final rule. As a result, 

this correcting document is intended to 

ensure that the preamble and the 

Addendum of the FY 2013 IPPS/LTCH 

PPS final rule accurately reflect the 

policies adopted in that rule. 

In addition, even if this were a 

rulemaking to which the notice and 

comment 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. Furthermore, such 

procedures would be unnecessary, as 

we are not altering the policies that 

were already subject to comment and 

finalized in our final rule. Therefore, we 

believe we have good cause to waive the 

notice and comment and effective date 

requirements. 

IV. Correction of Errors 

In FR Doc. 2012–24307 of October 3, 

2012 (77 FR 60315), make the following 

corrections: 

1. On page 60317, 

a. Top half of the page, first column, 

third full paragraph (section IV.A.1.b. of 

the correcting document), last line 3, the 

figure ‘‘$290’’ is corrected to read 

‘‘$280’’. 

b. Bottom half of the page following 

the table, first column, last paragraph 

(section IV.B.2. of the correcting 

document), line 29, the figure ‘‘2,217’’ is 

corrected to read ‘‘2,214’’. 

(Catalog of Federal Domestic Assistance 

Program No. 93.773, Medicare—Hospital 

Insurance; and Program No. 93.774, 

Medicare—Supplementary Medical 

Insurance Program) 

Dated: March 7, 2013. 

Jennifer M. Cannistra, 

Executive Secretary to the Department, 

Department of Health and Human Services. 

[FR Doc. 2013–05724 Filed 3–12–13; 8:45 am] 

BILLING CODE 4120–01–P 

DEPARTMENT OF TRANSPORTATION 

Office of the Secretary 

49 CFR Part 71 

[Docket No. DOT–OST–2012–0159] 

RIN 2105–AE20 

Standard Time Zone Boundaries 

AGENCY: Office of the Secretary (OST), 

Department of Transportation (DOT). 

ACTION: Final rule. 

SUMMARY: This final rule updates and 

amends the Department’s standard time 

zone boundaries regulations to reflect 

changes that Congress made to the 

Uniform Time Act. The purpose of this 

update is to ensure that the 

Department’s regulations accurately 

reflect other Federal law and to reduce 

confusion over ambiguous language and 

inconsistencies. 

DATES: This rule is effective March 13, 

2013. 

FOR FURTHER INFORMATION CONTACT: Jill 

Laptosky, Attorney-Advisor, Office of 

General Counsel, 1200 New Jersey 

Avenue SE., Washington, DC 20590. She 

may also be reached by telephone at 

202–493–0308 or by email at 

jill.laptosky@dot.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

Since 2000, Congress has made 

several amendments to the Uniform 

Time Act, 15 U.S.C. 260–267. 

Consequently, the Department’s 

regulations on standard time zone 

boundaries, 49 CFR Part 71, need to be 

updated in order to ensure their 

consistency with Federal law. 

Therefore, the Department is issuing 

this final rule to make the necessary 

updates and to revise the language for 

clarity. 

This final rule is published under the 

authority of 15 U.S.C. 260–267, which 

authorized the Secretary of 

Transportation to prescribe regulations 

related to the observance of a uniform 

standard of time. 

The Administrative Procedure Act (5 

U.S.C. 553) contains a ‘‘good cause’’ 

exemption, which allows agencies to 

dispense with notice and comment if 

those procedures are impracticable, 

unnecessary, or contrary to the public 

interest. We have determined that under 

5 U.S.C. 553(b)(3)(B), good cause exists 

for dispensing with a notice of proposed 

rulemaking and public comment as this 

rule is implementing statutory changes 

and clarifying language without 

imposing any new requirements. 


emcdonald on DSK67QTVN1PROD with RULES
15884 Federal Register / Vol. 78, No. 49 / Wednesday, March 13, 2013 / Rules and Regulations 

Amendments To Conform to Statute 

Section 71.1(a) is amended to correct 

a drafting error in the current rule that 

referenced eight time zones instead of 

the nine that exist pursuant to 15 U.S.C. 

263. The first amendment in this final 

rule thus changes the reference from 

eight to nine. Likewise, in § 71.1(c), the 

ninth time zone, Chamorro, is added to 

the list of time zones. 

Section 71.2(a) is amended to change 

the dates on which Daylight Saving 

Time begins and ends pursuant to 15 

U.S.C. 260a. Daylight Saving Time now 

begins at 2 a.m. on the second Sunday 

in March and ends at 2 a.m. on the first 

Sunday in November. 

Additionally, § 71.2(a) is amended to 

correct the drafting error in relation to 

a State’s authority to exempt an area 

within its boundaries from the 

observance of Daylight Saving Time. 

The amended version accurately states 

that a State that lies within two time 

zones may either exempt the entire area 

of the State or either portion of the State 

that lies within either time zone. 

Revisions to Language for Clarity 

Section 71.1(a) is amended to remove 

part of the last sentence, which states 

that ‘‘specified rail carriers * * * [are 

authorized] to carry the standard of time 

on which the major portion of a 

particular operation is conducted into 

an adjoining time zone.’’ This language 

will not be replaced because it is an 

unnecessary interpretation of the 

Federal statute. 

Additionally, § 71.1(a) is amended to 

change the beginning of the sentence 

that reads, ‘‘It also contains lists * * *’’ 

It is changed to, ‘‘The Uniform Time Act 

also contains lists * * * ’’ Likewise, the 

end of subsection (a) to § 71.1 has been 

amended to provide a citation to the 

Federal statute that created the list of 

specified rail carriers: ‘‘15 U.S.C. 265.’’ 

The headings of § 71.7(g) and § 71.9(d) 

are amended to copy the heading of 

§ 71.5(h) to read, ‘‘Municipalities on 

boundary line.’’ The three subsections 

are fundamentally identical, and thus 

no reason exists to have different 

headings. 

Section 71.6 originally had no 

subsections. It is now amended so that 

§ 71.6 will have two subsections: 

§ 71.6(a) and (b). The language of the 

original § 71.6 will remain and be 

incorporated into the new § 71.6(a). 

Section 71.6(b) will include the list of 

specified rail carriers that the Federal 

statute identifies for the time zones 

referenced in this Part. See 15 U.S.C. 

265. Subsection (a) is now titled, 

‘‘Central zone in general.’’ Subsection 

(b) is titled, ‘‘Specified rail carrier 

exemptions.’’ 

Regulatory Analysis and Notices 

Executive Order 12866 (Regulatory 

Planning and Review), Executive Order 

13563 (Improving Regulation and 

Regulatory Review), and DOT Policies 

and Procedures 

This final rule is not a significant 

regulatory action within the meaning of 

Executive Order 12866 or Executive 

Order 13563 and, therefore, has not 

been reviewed by the Office of 

Management and Budget (OMB). This 

final rule is not significant under DOT’s 

Regulatory Policies and Procedures. 

This rulemaking makes amendments to 

update the Department’s regulations to 

make them clearer and consistent with 

other Federal law. As a result, DOT 

anticipates that this rulemaking will 

have no economic impact. 

Regulatory Flexibility Act 

Since notice and comment 

rulemaking is not necessary for this 

rule, the provisions of the Regulatory 

Flexibility Act (Pub. L. 96–354, 5 U.S.C. 

601–612) do not apply. However, DOT 

has evaluated the effects of this action 

on small entities and has determined 

that the action would not have a 

significant economic impact on a 

substantial number of small entities 

because it simply amends our 

regulations to accurately reflect other 

Federal law and clarify the regulations. 

Unfunded Mandates Reform Act of 1995 

This final rule does not impose 

unfunded mandates as defined by the 

Unfunded Mandates Reform Act of 1995 

(Pub. L. 104–4, 109 Stat. 48). It does not 

result in the expenditure by State, local, 

or tribal governments, in the aggregate, 

or by the private sector, of $148.1 

million or more in any 1 year. 

Paperwork Reduction Act 

Under the Paperwork Reduction Act 

of 1995 (PRA) (44 U.S.C. 3501, et seq.), 

Federal agencies must obtain approval 

from OMB for each collection of 

information they conduct, sponsor, or 

require through regulations. The DOT 

has analyzed this final rule under the 

PRA and has determined that this rule 

does not contain collection of 

information requirements. 

Executive Order 13132 (Federalism 

Assessment) 

The final rule does not have a 

substantial direct effect on the States, 

the relationship between the national 

government and the States, or the 

distribution of power and 

responsibilities among the various 

levels of government. This final rule 

does not include sufficient federalism 

implications to warrant consultation 

processes. 

Executive Order 13175 (Tribal 

Consultation) 

This final rule was analyzed 

according to Executive Order 13175, 

‘‘Consultation and Coordination with 

Indian Tribal Governments.’’ The final 

rule does not include sufficient tribal 

implications to warrant consultation 

processes. 

National Environmental Policy Act 

The National Environmental Policy 

Act of 1969 (NEPA) (42 U.S.C. 4321– 

4347), as amended, requires Federal 

agencies to consider the consequences 

of major Federal actions and prepare a 

detailed statement on any action 

significantly affecting the quality of the 

human environment. Since this final 

rule does not alter current practices, it 

is unlikely that the adoption of this rule 

will have any significant impacts on the 

environment. 

List of Subjects in 49 CFR Part 71 

Time. 

Issued in Washington, DC, on March 5, 

2013, under authority delegated in 49 CFR 

Part 1.27(a). 

Robert S. Rivkin, 

General Counsel. 

For the reasons stated in the 

preamble, the Office of the Secretary 

amends 49 CFR Part 71 as follows: 

PART 71—STANDARD TIME ZONE 

BOUNDARIES 

■ 1. The authority citation for part 71 

continues to read as follows: 

Authority: 15 U.S.C. 260, 260a, 261, 262, 

263, 264, 265, 267, and 49 CFR 5.35(a). 

■ 2. In § 71.1, revise paragraphs (a) and 

(c) to read as follows: 

§ 71.1 Limits defined: exceptions 

authorized for certain rail operating 

purposes only. 

(a) This part prescribes the geographic 

limits of each of the nine standard time 

zones established by section 1 of the 

Standard Time Act, as amended by 

section 4 of the Uniform Time Act of 

1966 (15 U.S.C. 261). The Uniform Time 

Act also contains lists of operating 

exceptions granted for specified rail 

carriers, whose operations cross the 

time zone boundaries prescribed by this 

part. (15 U.S.C. 265). 

* * * * * 

(c) The time zones established by the 

Standard Time Zone Act, as amended 

by the Uniform Time Act of 1966, are 

Atlantic, eastern, central, mountain, 


emcdonald on DSK67QTVN1PROD with RULES
Federal Register / Vol. 78, No. 49 / Wednesday, March 13, 2013 / Rules and Regulations 15885 

Pacific, Alaska, Hawaii-Aleutian, 

Samoa, and Chamorro. 

■ 3. In § 71.2, revise paragraph (a) to 

read as follows: 

§ 71.2 Annual advancement of standard 

time. 

(a) The Uniform Time Act of 1966 (15 

U.S.C. 260a(a)), as amended, requires 

that the standard time of each State 

observing Daylight Saving Time shall be 

advanced 1 hour beginning at 2 a.m. on 

the second Sunday in March of each 

year and ending at 2 a.m. on the first 

Sunday in November. This advanced 

time shall be the standard time of each 

zone during such period. The Act 

authorizes any State to exempt itself 

from this requirement. States in two or 

more time zones may exempt either the 

entire State or may exempt the entire 

area of the State lying within either time 

zone. 

* * * * * 

■ 4. Revise § 71.6 to read as follows: 

§ 71.6 Central zone. 

(a) Central zone in general. The third 

zone, the central standard time zone, 

includes that part of the United States 

that is west of the boundary line 

between the eastern and central 

standard time zones described in § 71.5 

and east of the boundary line between 

the central and mountain standard time 

zones described in § 71.7. 

(b) Specified rail carrier exemptions. 

The boundary line described in § 71.7 

will not apply to the list of rail carriers 

in this subsection. These carriers will 

have the following changing points 

between the central and mountain time 

zones. The Chicago, Rock Island and 

Gulf Railway Company and the Chicago, 

Rock Island and Pacific Railway 

Company may use Tucumcari, New 

Mexico, as the point at which they 

change from central to mountain time 

and vice versa; the Colorado Southern 

and Fort Worth and Denver City 

Railway Companies may use Sixela, 

New Mexico, as such changing point; 

the Atchison, Topeka and Santa Fe 

Railway Company and other branches of 

the Santa Fe system may use Clovis, 

New Mexico, as such changing point, 

and those railways running into or 

through El Paso, Texas, may use El Paso 

as such point. 

■ 6. In § 71.7, revise the paragraph (g) 

subject heading to read as follows: 

§ 71.7 Boundary line between central and 

mountain zones. 

* * * * * 

(g) Municipalities on boundary line. 

* * * 

■ 7. In § 71.9, revise the paragraph (d) 

subject heading to read as follows: 

§ 71.9 Boundary line between mountain 

and Pacific zones. 

* * * * * 

(d) Municipalities on boundary line. 

* * * 

[FR Doc. 2013–05736 Filed 3–12–13; 8:45 am] 

BILLING CODE 4910–9X–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 665 

[Docket No. 121107617–3181–02] 

RIN 0648–XC351 

Western Pacific Fisheries; 2013 Annual 

Catch Limits and Accountability 

Measures 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Department of Commerce. 

ACTION: Final specifications. 

SUMMARY: In this rule, NMFS specifies 

annual catch limits for western Pacific 

bottomfish, crustacean, precious coral, 

and coral reef ecosystem fisheries, and 

accountability measures to correct or 

mitigate any overages of catch limits. 

The catch limits and accountability 

measures support the long-term 

sustainability of fishery resources of the 

U.S. Pacific Islands. 

DATES: The final specifications are 

effective April 12, 2013 through 

December 31, 2013. 

ADDRESSES: Copies of the fishery 

ecosystem plans are available from the 

Western Pacific Fishery Management 

Council (Council), 1164 Bishop St., 

Suite 1400, Honolulu, HI 96813, tel 

808–522–8220, fax 808–522–8226, or 

www.wpcouncil.org. Copies of the 

environmental assessments and findings 

of no significant impact for this action, 

identified by NOAA–NMFS–2012–0226, 

are available from www.regulations.gov, 

or from Michael D. Tosatto, Regional 

Administrator, NMFS Pacific Islands 

Region (PIR), 1601 Kapiolani Blvd. 

1110, Honolulu, HI 96814. 

FOR FURTHER INFORMATION CONTACT: 

Jarad Makaiau, NMFS PIR Sustainable 

Fisheries, 808–944–2108. 

SUPPLEMENTARY INFORMATION: NMFS is 

specifying the 2013 annual catch limits 

(ACLs) and accountability measures 

(AM) for bottomfish, crustacean, 

precious coral, and coral reef ecosystem 

fishery management unit species (MUS) 

in the U.S. Exclusive Economic Zone 

(EEZ, generally 3–200 nm from shore) 

around American Samoa, Guam, the 

Commonwealth of the Northern Mariana 

Islands (CNMI), and Hawaii. The 2013 

fishing year begins on January 1 and 

ends on December 31, except for 

precious coral fisheries, for which the 

fishing year began on July 1, 2012, and 

ends on June 30, 2013. 

NMFS is not specifying ACLs for 

bottomfish, crustacean, precious coral, 

or coral reef ecosystem MUS identified 

in the Fishery Ecosystem Plan (FEP) for 

the U.S. Pacific Remote Island Areas 

(PRIA), because commercial fishing is 

prohibited in the Pacific Remote Islands 

Marine National Monument, typically 

within about 50 nm of shore 

(Presidential Proclamation 8336, 

January 12, 2009, 74 FR 1565). 

Moreover, there is no suitable habitat for 

these fisheries, except at Kingman Reef, 

where fishing for these resources does 

not presently occur. NMFS is currently 

reviewing a proposed amendment to the 

PRIA FEP, which proposes to permit 

non-commercial fishing 12 nm seaward 

of emergent features in the Pacific 

Remote Islands Monument, and ensure 

such fishing, if allowed, is managed as 

a sustainable activity (see the proposed 

rule, February 21, 2013, 78 FR 12015). 

Additionally, NMFS is not specifying 

ACLs for MUS that are currently subject 

to Federal fishing moratoria or 

prohibitions. These MUS include all 

species of gold coral, all species of 

deepwater precious corals at the 

Westpac Bed Refugium, and the three 

Hawaii seamount groundfish: pelagic 

armorhead, alfonsin, and raftfish. The 

current prohibitions on fishing for these 

MUS serve as a functional equivalent of 

an ACL of zero. Finally, NMFS is also 

not specifying ACLs for pelagic MUS at 

this time, because it previously 

determined that pelagic species are 

subject to international fishery 

agreements or have a life cycle of 

approximately one year and, therefore, 

have statutory exceptions to the ACL 

requirements. 


emcdonald on DSK67QTVN1PROD with RULES