Federal Register / Vol. 77, No. 209 / Monday, October 29, 2012 / Rules and Regulations 65495 

EPA-APPROVED REGULATIONS IN THE WEST VIRGINIA SIP 

State citation 

[Chapter 16–20 or 45 

CSR] 

Title/subject 

State 

effective 

date 

EPA approval date Additional explanation/ 

citation at 40 CFR 52.2565 

*******

[45 CSR] Series 8 Ambient Air Quality Standards 

45–8–1 ...................... General ........................................ 6/1/12 10/29/12 .......................................

[Insert page number where the 

document begins].

Filing and effective dates are revised. 

45–8–2 ...................... Definitions .................................... 6/1/12. 10/29/12. 

[Insert page number where the 

document begins].

45–8–3 ...................... Adoption of Standards ................. 6/1/12 10/29/12 .......................................

[Insert page number where the 

document begins].

Effective date is revised. 

45–8–4 ...................... Inconsistency Between Rules ..... 6/1/12 10/29/12. 

[Insert page number where the 

document begins].

* * * * * * * 

[FR Doc. 2012–26390 Filed 10–26–12; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Centers for Medicare & Medicaid 

Services 

42 CFR Parts 412, 413, 424, and 476 

[CMS–1588–CN3] 

RIN 0938–AR12 

Medicare Program; Hospital Inpatient 

Prospective Payment Systems for 

Acute Care Hospitals and the Long 

Term Care Hospital Prospective 

Payment System and Fiscal Year 2013 

Rates; Hospitals’ Resident Caps for 

Graduate Medical Education Payment 

Purposes; Quality Reporting 

Requirements for Specific Providers 

and for Ambulatory Surgical Centers; 

Corrections 

AGENCY: Centers for Medicare & 

Medicaid Services (CMS), HHS. 

ACTION: Final rule; correction. 

SUMMARY: This document corrects 

technical errors that appeared in the 

final rule that appeared in the August 

31, 2012 Federal Register entitled 

‘‘Medicare Program; Hospital Inpatient 

Prospective Payment Systems for Acute 

Care Hospitals and the Long Term Care 

Hospital Prospective Payment System 

and Fiscal Year 2013 Rates; Hospitals’ 

Resident Caps for Graduate Medical 

Education Payment Purposes; Quality 

Reporting Requirements for Specific 

Providers and for Ambulatory Surgical 

Centers.’’ 

DATES: Effective Date: October 26, 2012. 

FOR FURTHER INFORMATION CONTACT: Tzvi 

Hefter, (410) 786–4487. 

SUPPLEMENTARY INFORMATION: 

I. Background 

In FR Doc. 2012–19079 of August 31, 

2012 (77 FR 53258) (hereinafter referred 

to as the FY 2013 IPPS/LTCH PPS final 

rule), there were technical and 

typographical errors that are identified 

and corrected in the Correction of Errors 

section of this correcting document. We 

note that in the October 3, 2012 Federal 

Register (77 FR 60315), we corrected a 

number of the errors in the FY 2013 

IPPS/LTCH PPS final rule including an 

error in the table regarding the final 

performance standards for the FY 2015 

Hospital Value-Based Purchasing 

(HVBP) program. (For more detailed 

information, see sections II.A. and 

IV.A.11. of the October 3, 2012 

correcting document). 

II. Summary of Errors 

A. Errors in the Preamble 

On pages 53601 and 53602, we have 

determined that there were also errors 

in the achievement thresholds and 

benchmark values presented in the 

Clinical Process of Care measures 

section of the final performance 

standards for the FY 2015 HVBP 

Program table. The omission of the label 

for the HF–1 measure resulted in the 

performance standards for all 

subsequent measures being shifted up 

one line each. The table now reflects the 

corrections for all finalized Clinical 

Process of Care measures. 

B. Errors in the Addendum 

On page 53695, we made 

typographical errors in the charge 

inflation factor for the FY 2013 IPPS 

outlier threshold. 

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(d) of the APA ordinarily 

requires a 30-day delay in effective date 

of final rules after the date of their 

publication in the. 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 rule that would be 

subject to the APA notice and comment 

or delayed effective date requirements. 

This correcting document corrects 

technical and typographical errors in 

the preamble and addendum, but does 

not make substantive changes to the 

policies or payment methodologies that 


rmajette on DSK2TPTVN1PROD with 
65496 Federal Register / Vol. 77, No. 209 / Monday, October 29, 2012 / Rules and Regulations 

were adopted in the final rule. As a 

result, this correcting document is 

intended to ensure that the preamble 

and addendum, accurately reflects the 

policies adopted in that final rule. 

In addition, even if this were a rule 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. 2012–19079 of August 31, 

2012 (77 FR 53258), make the following 

corrections: 

A. Corrections of Errors in the Preamble 

1. On pages 53601 and 53602, the 

table entitled ‘‘FINAL PERFORMANCE 

STANDARDS FOR THE FY 2015 

HOSPITAL VBP PROGRAM CLINICAL 

PROCESS OF CARE, OUTCOME, AND 

EFFICIENCY DOMAINS,’’ the entries for 

the clinical process of care measures are 

corrected as follows: 

CLINICAL PROCESS OF CARE MEASURES

Measure ID Description Achievement 

threshold Benchmark 

AMI–7a ............. Fibrinolytic Therapy Received Within 30 Minutes of Hospital Arrival ...................................... 0.80000 1.00000 

AMI–8a ............. Primary PCI Received Within 90 Minutes of Hospital Arrival .................................................. 0.95349 1.00000 

HF–1 ................. Discharge Instructions .............................................................................................................. 0.94118 1.00000 

PN–3b ............... Blood Cultures Performed in the Emergency Department Prior to Initial Antibiotic Received 

in Hospital.

0.97783 1.00000 

PN–6 ................. Initial Antibiotic Selection for CAP in Immunocompetent Patient ............................................ 0.95918 1.00000 

SCIP–Card–2 ... Surgery Patients on Beta-Blocker Therapy Prior to Arrival Who Received a Beta-Blocker 

During the Perioperative Period.

0.97175 1.00000 

SCIP–Inf–1 ....... Prophylactic Antibiotic Received Within One Hour Prior to Surgical Incision .......................... 0.98639 1.00000 

SCIP–Inf–2 ....... Prophylactic Antibiotic Selection for Surgical Patients ............................................................. 0.98637 1.00000 

SCIP–Inf–3 ....... Prophylactic Antibiotics Discontinued Within 24 Hours After Surgery End Time .................... 0.97494 1.00000 

SCIP–Inf–4 ....... Cardiac Surgery Patients With Controlled 6AM Postoperative Serum Glucose ...................... 0.95798 0.99767 

SCIP–Inf–9 ....... Urinary Catheter Removed on Postoperative Day 1 or Postoperative Day 2 ......................... 0.94891 0.99991

SCIP–VTE–2 .... Surgery Patients Who Received Appropriate Venous Thromboembolism Prophylaxes Within 24 Hours Prior to Surgery to 24 Hours After Surgery.0.97403 0.99998 

B. Correct of Errors in the Addendum 

1. On page 53695, third column, first 

paragraph, line 2, the figures ‘‘8.94 

percent (1.0866203)’’ are corrected to 

read ‘‘8.66 percent (1.0866203)’’. 

(Catalog of Federal Domestic Assistance 

Program No. 93.773, Medicare—Hospital 

Insurance; and Program No. 93.774, 

Medicare—Supplementary Medical 

Insurance Program) 

Dated: October 18, 2012. 

Oliver Potts, 

Deputy Executive, Secretary to the 

Department, Department of Health and 

Human Services. 

[FR Doc. 2012–26505 Filed 10–26–12; 8:45 am] 

BILLING CODE 4120–01–P 

NATIONAL AERONAUTICS AND 

SPACE ADMINISTRATION 

48 CFR Part 1812 

RIN 2700–AD64 

Commercial Acquisition; Anchor 

Tenancy 

AGENCY: National Aeronautics and 

Space Administration. 

ACTION: Final rule. 

SUMMARY: NASA has adopted as final, 

with minor changes, a proposed rule 

amending the NASA FAR Supplement 

(NFS) to include authority, under 

limited conditions, to issue Anchor 

Tenancy contracts. Anchor Tenancy 

means ‘‘an arrangement in which the 

United States Government agrees to 

procure sufficient quantities of a 

commercial space product or service 

needed to meet Government mission 

requirements so that a commercial 

venture is made viable.’’ 

DATES: Effective Date: November 28, 

2012. 

FOR FURTHER INFORMATION CONTACT: 

Leigh Pomponio, NASA, Office of 

Procurement, Contract Management 

Division (Suite 5G84); (202) 358–0592; 

email: leigh.pomponio@nasa.gov. 

SUPPLEMENTARY INFORMATION: 

A. Background 

NASA published a proposed rule in 

the Federal Register at 76 FR 30301 on 

May 25, 2011. NASA’s Federal 

Acquisition Regulation Supplement 

(NFS) currently contains an inaccurate 

prohibition on anchor tenancy 

contracts. The prohibition is included in 

the NFS based on The Space Act, as 

amended by NASA’s FY 1992 

Appropriations Act (42 U.S.C. 2459d). 

The NFS states no appropriated funds 

may be used to enter into contracts, 

grants, or other agreements for more 

than 1 year if the primary effect is to 

provide a guaranteed customer base for 

or establish an anchor tenancy in new 

commercial space hardware or services 

unless an appropriations Act specifies 

the new commercial space hardware or 

services to be developed/used or the 

contract, grant, or agreement is specified 

in an appropriations Act. However, 

subsequent to the prohibition, as part of 

NASA’s FY 1993 Authorization Act, 15 

U.S.C. 5806 was added to the 

Commercial Space Competitiveness Act 

(CSCA). The latter statute includes 

limited authority for NASA to enter into 

multi-year anchor tenancy contracts for 

the purchase of a good or service if the 

Agency receives an appropriation that 

(1) authorizes a multi-year anchor 

tenancy contract and (2) specifies the 

commercial space product or service to 

be developed or used. Furthermore, the 

NASA Administrator would be required 

to make a determination that addresses 

the following six criteria: 

(1) The good or service meets the 

mission requirements of NASA; 

(2) The commercially procured good 

or service is cost effective; 


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