Federal Register / Vol. 77, No. 193 / Thursday, October 4, 2012 / Rules and Regulations 60629 

2012. Filing a petition for 

reconsideration by the Administrator of 

this final rule does not affect the finality 

of this action for the purposes of judicial 

review nor does it extend the time 

within which a petition for judicial 

review may be filed, and shall not 

postpone the effectiveness of such rule 

or action. This action may not be 

challenged later in proceedings to 

enforce its requirements. (See section 

307(b)(2).) 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Carbon monoxide, 

Incorporation by reference, 

Intergovernmental relations, Lead, 

Nitrogen dioxide, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds. 

Dated: August 1, 2012. 

Dennis J. McLerran, 

Regional Administrator, Region 10. 

Part 52, chapter I, title 40 of the Code 

of Federal Regulations is amended as 

follows: 

PART 52—[AMENDED] 

■ 1. The authority citation for Part 52 

continues to read as follows: 

Authority: 42 U.S.C. 7401 et seq. 

Subpart MM—Oregon 

■ 2. Section 52.1970 is amended by 

adding paragraph (c)(139)(i)(C) to read 

as follows: 

§ 52.1970 Identification of plan. 

* * * * * 

(c) * * * 

(139) * * * 

(i) * * * 

(C) Based on a SIP revision submitted 

by Oregon on October 6, 2010, and later 

supplemented in a letter submitted by 

the state on August 31, 2011, the 

following provisions from Oregon’s 

Adminstrative Rules (OAR), Division 

252, ‘‘Transportation Conformity,’’ are 

removed from the SIP. 

(1) The following provisions, as 

effective October 14, 1999, are replaced 

by revised provisions effective March 5, 

2010, Rules 340: 252–0030, 252–0060, 

252–0070 (except the last two 

sentences), and 252–0230. 

(2) The following provisions, as 

effective October 14, 1999, are removed 

without replacement, Rules 340: 252– 

0020 (except paragraph (3)), 252–0040, 

252–0050 (except paragraphs (4) & 

(5)(b)), 252–0080, 252–0090, 252–0100 

(except paragraphs (3) through (6)), 252– 

0110, 252–0120, 252–0130, 252–0140, 

252–0150, 252–0160, 252–0170, 252– 

0180, 252–0190 (except paragraph (5)), 

252–0200 (except paragraph (6)(c)), 

252–0210 (except paragraph (1)(b)), 

252–0220 (except paragraphs (1)(a) & 

(2)), 252–0240, 252–0250 (except 

paragraph (2)), 252–0260, 252–0270, 

252–0280, and 252–0290. 

* * * * * 

[FR Doc. 2012–24376 Filed 10–3–12; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Centers for Medicare & Medicaid 

Services 

45 CFR Part 162 

[CMS–0040–CN] 

RIN 0938–AQ13 

Administrative Simplification: 

Adoption of a Standard for a Unique 

Health Plan Identifier; Addition to the 

National Provider Identifier 

Requirements; and a Change to the 

Compliance Date for the International 

Classification of Diseases, 10th Edition 

(ICD–10–CM and ICD–10–PCS) Medical 

Data Code Sets; Corrections 

AGENCY: Office of the Secretary, HHS. 

ACTION: Correction of final rule. 

SUMMARY: This document corrects 

technical errors in the final rule titled 

‘‘Administrative Simplification: 

Adoption of a Standard for a Unique 

Health Plan Identifier; Addition to the 

National Provider Identifier 

Requirements; and a Change to the 

Compliance Date for the International 

Classification of Diseases, 10th Edition 

(ICD–10–CM and ICD–10–PCS) Medical 

Data Code Sets’’ that appeared in the 

September 5, 2012 Federal Register. 

DATES: Effective Date: November 5, 

2012. 

FOR FURTHER INFORMATION CONTACT: Kari 

Gaare (410) 786–8612. 

SUPPLEMENTARY INFORMATION: 

I. Background 

In FR Doc. 2012–21238 of September 

5, 2012 (77 FR 54664), there were a 

number of technical errors that are 

identified and corrected in the 

Correction of Errors section. The 

provisions in this correction document 

are effective as if they had been 

included in the final rule published on 

September 5, 2012. Accordingly, the 

corrections are effective on November 5, 

2012. 

II. Summary of Errors 

A. Summary of Errors in the Preamble 

In FR Doc. 2012–21238 of September 

5, 2102, there were the following errors: 

On page 54674, in our discussion of 

the adoption of the International 

Organization for Standardization (ISO) 

Standard, we inadvertently 

mischaracterized a public comment. In 

the final rule, we used the phrase 

‘‘capacity but was concerned’’ instead of 

‘‘capacity and was concerned.’’ 

On page 54708, in our discussion of 

HPID savings, we referenced Table 14, 

which provides the cost in 2014 of a 1- 

year delay in the compliance date of 

ICD–10, rather than Table 10, which 

provides annual costs savings for 

providers from an increase in the 

volume of three electronic transactions 

due to the use of HPID. 

On page 54714, in our discussion of 

the net cost avoidance associated with 

a 1-year delay of ICD–10, we 

inadvertently referenced Table 17, 

which provides a summary of the cost 

avoidance and costs in 2014 of a 1-year 

delay in the compliance date of ICD–10 

rather than Table 18, which provides 

the cost avoidance less cost (net) of a 1- 

year delay in the compliance date of 

ICD–10. 

B. Summary of Errors in the Regulations 

Text 

On page 54719, in § 162.504, we made 

the following errors: 

• In paragraph (a), we inadvertently 

stated that the compliance date for 

covered entities to comply with the 

implementation specification in 

§ 162.510 is no later than November 5, 

2014 instead of November 7, 2016. 

• In paragraph (b)(1), we 

inadvertently omitted language 

describing the type of health plan 

subject to the regulatory requirement. 

• In paragraph (b)(2), we 

inadvertently stated that the compliance 

date for small health plans was no later 

than November 5, 2014 instead of 

November 5, 2015. 

On page 54679, in the HPID effective 

date and compliance requirements 

section of the September 5, 2012 final 

rule, we describe and discuss our final 

policy for HPID compliance. While we 

inadvertently inserted incorrect dates in 

the regulation text, the HPID effective 

date and compliance requirements are 

clearly stated in the preamble, as well 

as Chart 1 (see 77 FR 54679). The final 

policy, which is clearly reflected in the 

preamble discussion, is that health 

plans that are not small health plans 

must obtain HPIDs by November 5, 

2014. Small health plans must obtain 

HPIDs by November 5, 2015. All 


emcdonald on DSK67QTVN1PROD with RULES
60630 Federal Register / Vol. 77, No. 193 / Thursday, October 4, 2012 / Rules and Regulations 

covered entities must comply with the 

implementation requirements in 

§ 162.510 by November 7, 2016. We are 

correcting the regulation text so that it 

accurately reflects our final policy. 

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 these notice and comment 

procedures 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. 

In our view, this correcting document 

does not constitute a rule that would be 

subject to the APA notice and comment 

procedures. This correcting document 

corrects technical and typographical 

errors in the preamble and regulations 

text of the September 5, 2012 final rule 

and does not make substantive changes 

to the policies that were adopted. As a 

result, this correcting document is 

intended to ensure that the final rule 

accurately reflects the policies adopted 

in that rule. 

In addition, even if this were a rule to 

which the notice and comment 

procedures applied, we find that there 

is good cause to waive such procedures. 

Undertaking further notice and 

comment procedures to incorporate the 

corrections in this document into the 

final rule would be unnecessary, as we 

are not altering the policies that were 

already subject to comment and 

finalized in our final rule, but simply 

conforming our regulation text to our 

final policies. Therefore, we believe we 

have good cause to waive the notice and 

comment procedures. 

IV. Correction of Errors 

In FR Doc. 2012–21238 of September 

5, 2012 (77 FR 54664), make the 

following corrections: 

A. Correction of Errors in the Preamble 

1. On page 54674, third column, 

second full paragraph, lines 15 and 16, 

the phrase ‘‘capacity but was 

concerned’’ is corrected to read 

‘‘capacity and was concerned’’. 

2. On page 54708, lower quarter of the 

page (after Table 9), third column, first 

partial paragraph, line 1, the reference 

‘‘Table 14’’ is corrected to read ‘‘Table 

10’’. 

3. On page 54714, third column, 

fourth full paragraph, line 1, the 

reference ‘‘Table 17’’ is corrected to read 

‘‘Table 18’’. 

B. Correction of Errors to the 

Regulations Text 

1. On page 54719, in the second 

column— 

a. Sixth full paragraph (§ 162.504(a)), 

line 4, the date ‘‘November 5, 2014’’ is 

corrected to read ‘‘November 7, 2016’’. 

b. Eighth paragraph (§ 162.504(b)(1)), 

the sentence ‘‘A health plan that 

November 5, 2014.’’ is corrected to read 

‘‘A health plan that is not a small health 

plan— November 5, 2014.’’. 

c. Ninth paragraph (§ 162.504(b)(2)), 

last line, the date ‘‘November 5, 2014’’ 

is corrected to read ‘‘November 5, 

2015’’. 

Dated: September 27, 2012. 

Oliver Potts, 

Deputy Executive Secretary to the 

Department, Department of Health and 

Human Services. 

[FR Doc. 2012–24329 Filed 10–3–12; 8:45 am] 

BILLING CODE 4120–01–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 64 

[CG Docket No. 10–51; FCC 11–54] 

Structure and Practices of the Video 

Relay Service Program 

AGENCY: Federal Communications 

Commission. 

ACTION: Correcting amendments. 

SUMMARY: This document contains a 

correction to the final regulations of the 

Commission’s rules, which were 

published in the Federal Register on 

Monday, May 2, 2011, 76 FR 24393. The 

final regulations address fraud, waste, 

and abuse in the Video Relay Service 

(VRS) industry. 

DATES: Effective October 4, 2012. 

FOR FURTHER INFORMATION CONTACT: 

Gregory Hlibok, Consumer and 

Governmental Affairs Bureau at (202) 

559–5158 (voice/videophone), or email 

Gregory.Hlibok@fcc.gov. 

SUPPLEMENTARY INFORMATION: The 

Federal Communications Commission 

published a document amending 47 

CFR 64.604 in the Federal Register of 

May 2, 2011, (76 FR 24393). The 

amended rules are necessary to properly 

detect anomalies in submitted minutes, 

which can alert the Interstate 

Telecommunications Relay Service 

(TRS) Fund administrator and the 

Commission on the need to inquire 

further about, and if necessary, conduct 

an investigation into the legitimacy of 

such minutes. 

Need for Correction 

As published, the final regulations 

inadvertently referenced inaccurate 

regulatory text which may prove to be 

confusing and needs to be corrected 

accordingly. 

List of Subjects in 47 CFR Part 64 

Individuals with disabilities, 

Reporting and recordkeeping 

requirements, Telecommunications. 

Federal Communications Commission. 

Marlene H. Dortch, 

Secretary. 

Accordingly, 47 CFR part 64 is 

corrected by making the following 

correcting amendments: 

PART 64—MISCELLANEOUS RULES 

RELATING TO COMMON CARRIERS 

■ 1. The authority citation for part 64 

continues to read as follows: 

Authority: 47 U.S.C. 154, 254(k); 

403(b)(2)(B), (c), Pub. L. 104–104, 110 Stat. 

56. Interpret or apply 47 U.S.C. 201, 218, 222, 

225, 226, 227, 228, 254(k), 616, and 620 

unless otherwise noted. 

■ 2. Amend § 64.604 by revising 

paragraph (c)(5)(iii)(D)(2) to read as 

follows: 

§ 64.604 Mandatory minimum standards. 

(c) * * * 

(5) * * * 

(iii) * * * 

(D) * * * 

(2) Call data required from all TRS 

providers. In addition to the data 

requested by paragraph (c)(5)(iii)(C)(1) 

of this section, TRS providers seeking 

compensation from the TRS Fund shall 

submit the following specific data 

associated with each TRS call for which 

compensation is sought: 

(i) The call record ID sequence; 

(ii) CA ID number; 

(iii) Session start and end times noted 

at a minimum to the nearest second; 

(iv) Conversation start and end times 

noted at a minimum to the nearest 

second; 

(v) Incoming telephone number and IP 

address (if call originates with an IPbased device) at the time of the call; 

(vi) Outbound telephone number (if 

call terminates to a telephone) and IP 

address (if call terminates to an IP-based 

device) at the time of call; 

(vii) Total conversation minutes; 

(viii) Total session minutes; 

(ix) The call center (by assigned center 

ID number) that handled the call; and 


emcdonald on DSK67QTVN1PROD with RULES