62356 Federal Register / Vol. 79, No. 201 / Friday, October 17, 2014 / Rules and Regulations 

• Is not subject to requirements of 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) because 

application of those requirements would 

be inconsistent with the CAA; and 

• Does not provide EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

This rule is not approved to apply on 

any Indian reservation land or in any 

other area where EPA or an Indian tribe 

has demonstrated that a tribe has 

jurisdiction. In those areas of Indian 

country, the rule does not have tribal 

implications as specified by Executive 

Order 13175, nor will it impose 

substantial direct costs on tribal 

governments or preempt tribal law. 

The Congressional Review Act, 5 

U.S.C. 801 et seq., as added by the Small 

Business Regulatory Enforcement 

Fairness Act of 1996, 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. EPA will submit a 

report containing this action and other 

required information to the U.S. Senate, 

the U.S. House of Representatives, and 

the Comptroller General of the United 

States prior to publication of the rule in 

the Federal Register. A major rule 

cannot take effect until 60 days after it 

is published in the Federal Register. 

This action is not a ‘‘major rule’’ as 

defined by 5 U.S.C. 804(2). 

Under section 307(b)(1) of the CAA, 

petitions for judicial review of this 

action must be filed in the United States 

Court of Appeals for the appropriate 

circuit by December 16, 2014. 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. Parties with 

objections to this direct final rule are 

encouraged to file a comment in 

response to the parallel notice of 

proposed rulemaking for this action 

published in the proposed rules section 

of this Federal Register, rather than file 

an immediate petition for judicial 

review of this direct final rule, so that 

EPA can withdraw this direct final rule 

and address the comment in the 

proposed rulemaking. 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, Incorporation by 

reference, Oxides of nitrogen, Ozone, 

Volatile organic compounds. 

Dated: September 24, 2014. 

Susan Hedman, 

Regional Administrator, Region 5. 

40 CFR part 52 is amended as follows: 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 1. The authority citation for part 52 

continues to read as follows: 

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

■ 2. Section 52.720 is amended by 

adding paragraph (c)(202) to read as 

follows: 

§ 52.720 Identification of plan. 

* * * * * 

(c) * * * 

(202) On January 17, 2013, the Illinois 

Environmental Protection Agency 

submitted a request to phase out Stage 

II vapor recovery standards at 35 Ill. 

Adm. Code 218.586 and to make other 

related revisions to 35 Ill. Adm. Code 

Parts 201, 218, and 219. 

(i) Incorporation by reference. 

(A) Illinois Administrative Code, Title 

35: Environmental Protection, Subtitle 

B: Air Pollution, Chapter I: Pollution 

Control Board, Subchapter a: Permits 

and General Provisions, Part 201: 

Permits and General Provisions, Subpart 

C: Prohibitions, Section 201.146 

‘‘Exemptions from State Permit 

Requirements’’ and Subpart K: Records 

and Reports, Section 201.302 ‘‘Reports’’, 

effective December 23, 2013. 

(B) Illinois Administrative Code, Title 

35: Environmental Protection, Subtitle 

B: Air Pollution, Chapter I: Pollution 

Control Board, Subchapter C: Emissions 

Standards And Limitations For 

Stationary Sources, Part 218: Organic 

Material Emission Standards and 

Limitations For the Chicago Area, 

Subpart A: General Provisions, Section 

218.112 ‘‘Incorporations By Reference’’ 

and Subpart Y: Gasoline Distribution, 

Sections 218.583 ‘‘Gasoline Dispensing 

Operations—Storage Tank Filling 

Operations’’ and 218.586 ‘‘Gasoline 

Dispensing Operations—Motor Vehicle 

Fueling Operations’’, effective December 

23, 2013. 

(C) Illinois Administrative Code, Title 

35: Environmental Protection, Subtitle 

B: Air Pollution, Chapter I: Pollution 

Control Board, Subchapter c: Emission 

Standards and Limitations for 

Stationary Sources, Part 219: Organic 

Material Emission Standards and 

Limitations for the Metro East Area, 

Subpart A: General Provisions, Sections 

219.105 ‘‘Test Methods and Procedures’’ 

and 219.112 ‘‘Incorporations by 

Reference’’, and Subpart Y: Gasoline 

Distribution, Section 219.583 ‘‘Gasoline 

Dispensing Operations—Storage Tank 

Filling Operations’’, effective December 

23, 2013. 

[FR Doc. 2014–24462 Filed 10–16–14; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Centers for Medicare & Medicaid 

Services 

42 CFR Chapter IV 

Office of Inspector General 

42 CFR Chapter V 

[CMS–1439–RCN] 

RIN 0938–AR30 

Medicare Program; Final Waivers in 

Connection With the Shared Savings 

Program; Continuation of 

Effectiveness and Extension of 

Timeline for Publication of Final Rule 

AGENCY: Centers for Medicare & 

Medicaid Services (CMS) and Office of 

Inspector General (OIG), HHS. 

ACTION: Interim final rule; continuation 

of effectiveness and extension of 

timeline for publication of final rule. 

SUMMARY: This document announces the 

continuation of effectiveness of an 

interim final rule and the extension of 

the timeline for publication of the final 

rule. This document is issued in 

accordance with section 1871(a)(3)(C) of 

the Social Security Act (the Act), which 

allows an interim final rule to remain in 

effect after the expiration of the timeline 

specified in section 1871(a)(3)(B) of the 

Act if the Secretary publishes a notice 

of continuation prior to the expiration of 

the timeline. 

DATES: This document is effective on 

October 17, 2014. 

FOR FURTHER INFORMATION CONTACT: 

Catherine Bernstein (410) 786–6887 or 

Lisa Ohrin (410) 786–8852, for general 

issues and issues related to the 

Physician Self-Referral Law. 

Patrice Drew (202) 619–1368, for general 

issues and issues related to the 

Federal anti-kickback statute or civil 

monetary penalties law. 

SUPPLEMENTARY INFORMATION: 

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Federal Register / Vol. 79, No. 201 / Friday, October 17, 2014 / Rules and Regulations 62357 

1The Waiver IFC was issued as part of a crossagency, coordinated effort by several Federal 

agencies to issue documents addressing legal issues 

regarding ACOs participating in the Shared Savings 

Program. 

I. Background 

Section 1871(a)(3)(A) of the Social 

Security Act (the Act) sets forth certain 

procedures for promulgating regulations 

necessary to carry out the 

administration of the insurance 

programs under Title XVIII of the Act. 

Section 1871(a)(3)(A) of the Act requires 

the Secretary, in consultation with the 

Director of the Office of Management 

and Budget (OMB), to establish a regular 

timeline for the publication of a final 

rule based on the previous publication 

of a proposed rule or an interim final 

rule. In accordance with section 

1871(a)(3)(B) of the Act, such regular 

timeline may vary among different final 

rules, based on the complexity of the 

rule, the number and scope of the 

comments received, and other relevant 

factors. The timeline for publishing the 

final rule, however, cannot exceed 3 

years from the date of publication of the 

proposed or interim final rule, unless 

there are exceptional circumstances. 

After consultation with the Director of 

OMB, the Department, through CMS, 

published a notice in the December 30, 

2004 Federal Register (69 FR 78442) 

establishing a general 3-year timeline for 

publishing Medicare final rules after the 

publication of a proposed or interim 

final rule. 

Section 1871(a)(3)(C) of the Act states 

that a Medicare interim final rule shall 

not continue in effect if the final rule is 

not published before the expiration of 

the regular timeline, unless the 

Secretary publishes at the end of the 

regular timeline a notice of continuation 

that includes an explanation of why the 

regular timeline was not met. Upon 

publication of such a notice, the 

timeline for publishing the final rule is 

extended for 1 year. 

II. Notice of Continuation 

Section 1899 of the Act establishes 

the Shared Savings Program to 

encourage the development of 

Accountable Care Organizations (ACOs) 

in Medicare. The Shared Savings 

Program is one of the first initiatives 

implemented under the Affordable Care 

Act aimed specifically at improving 

value in the Medicare program—that is, 

both higher quality and lower total 

expenditures for individual Medicare 

beneficiaries and the Medicare program. 

The Shared Savings Program final rule 

appeared in the November 2, 2011 

Federal Register (76 FR 67801), and the 

first performance year concluded on 

December 31, 2013. 

In connection with the Shared 

Savings Program, section 1899(f) of the 

Act authorizes the Secretary to waive 

certain specified fraud and abuse laws. 

Specifically, section 1899(f) of the Act 

provides that ‘‘[t]he Secretary may 

waive such requirements of sections 

1128A and 1128B and title XVIII of [the] 

Act as may be necessary to carry out the 

provisions of [section 1899 of the Act].’’ 

The Secretary determined that certain 

waivers were ‘‘necessary,’’ consistent 

with this statutory standard, and, CMS 

and OIG jointly published an interim 

final rule with comment period 

(hereinafter referred as ‘‘Waiver IFC’’) 

(76 FR 67992; November 2, 2011) in 

conjunction with the issuance of the 

Shared Savings Program final rule.1 The 

Waiver IFC established waivers of the 

application of the Federal physician 

self-referral law (section 1877 of the 

Act), the Federal anti-kickback statute 

(section 1128B(b) of the Act), and 

certain civil monetary penalties (CMP) 

law provisions (sections 1128A(a)(5), 

(b)(1), and (b)(2) of the Act) to specified 

arrangements involving ACOs 

participating in the Shared Savings 

Program. 

Because the Waiver IFC was issued 

under the authority at section 1899(f) of 

the Act, it is considered a Medicare rule 

subject to the conditions of section 

1871(a)(3)(C) of the Act. This document 

extends the timeline for publication of 

a final rule concerning Shared Savings 

Program waivers promulgated in the 

Waiver IFC. In the absence of this 

continuation notice, the Waiver IFC 

would expire, creating legal uncertainty 

for ACOs participating in the Shared 

Savings Program and potentially 

disrupting ongoing business plans or 

operations of some ACOs. 

Our goal is to ensure that the 

regulations setting forth waivers of the 

fraud and abuse laws continue to be 

closely aligned with the Shared Savings 

Program regulations. 

Based on stakeholder feedback and 

CMS’s experience operating the Shared 

Savings Program, CMS determined that 

certain modifications to the Shared 

Savings Program regulations were 

necessary. Therefore, CMS is currently 

developing a proposed rule regarding 

the Shared Savings Program. In light of 

the planned issuance of a proposed rule 

and the importance of final waiver 

regulations that align with the Shared 

Savings Program, we believe the 

prudent course of action at this time is 

to extend the effectiveness of the Waiver 

IFC. In addition, we believe that an 

extension of the Waiver IFC will avoid 

impediments to the development of 

innovative care models envisioned by 

the Shared Savings Program and new 

approaches to the delivery of health care 

for beneficiaries (see 76 FR 68008). As 

noted previously, the Secretary has 

determined that the waivers are 

necessary to carry out the Shared 

Savings Program. 

Our decision to extend the Waiver 

IFC, rather than issue a final rule at this 

time, should not be viewed as a 

diminution of the Department’s 

commitment to establish waivers ‘‘to 

foster the success of the Shared Savings 

Program, the purposes of which are to 

promote accountability for a Medicare 

patient population, manage and 

coordinate care for Medicare fee-forservice beneficiaries, and encourage 

redesigned care processes to improve 

quality’’ (76 FR 68008). Our goal 

remains ‘‘to balance effectively the need 

for ACO certainty, innovation, and 

flexibility in the Shared Savings 

Program with protections for 

beneficiaries and the Medicare 

program’’ (76 FR 68008). At this time, 

we believe we can best achieve this 

balance by issuing this continuation 

notice. 

We also believe that we would benefit 

from additional input from stakeholders 

to inform our understanding of —(1) 

how and to what extent ACOs are using 

the waivers; (2) whether the existing 

waivers serve the needs of ACOs and 

the Medicare program; (3) whether the 

waivers adequately protect the Medicare 

program and beneficiaries from the 

types of harms associated with referral 

payments or payments to reduce or limit 

services; and (4) whether there are new 

or changed considerations that should 

inform the development of additional 

notice and comment rulemaking. 

This document extends the timeline 

for publication of a final rule through 

November 2, 2015. In accordance with 

section 1871(a)(3)(C) of the Act, the 

Waiver IFC shall remain in effect 

through November 2, 2015, unless a 

final waiver rule becomes effective on 

an earlier date. 

This document was approved by the 

Administrator for the Centers for 

Medicare and Medicaid Services and 

the Inspector General for the 

Department of the Health and Human 

Services as it relates to the authorities 

that fall within the respective purviews 

of their offices. This includes, without 

limitation, section 1877(a) of the Act for 

the Administrator and sections 

1128A(a)(5), (b)(1), and (b)(2) and 

1128B(b)(1) and (b)(2) of the Act for the 

Inspector General. 

Authority: Section 1871 of the Social 

Security Act (42 U.S.C. 1395hh). 

(Catalog of Federal Domestic Assistance 

Program No. 93.773 Medicare—Hospital 

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62358 Federal Register / Vol. 79, No. 201 / Friday, October 17, 2014 / Rules and Regulations 

Insurance Program; and No. 93.774, 

Medicare—Supplementary Medical 

Insurance Program) 

Dated: October 10, 2014. 

C’Reda Weeden, 

Executive Secretary to the Department, 

Department of Health and Human Services. 

[FR Doc. 2014–24663 Filed 10–16–14; 8:45 am] 

BILLING CODE 4120–01–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

46 CFR Part 125 

[Docket No. USCG–2012–0208] 

RIN 1625–AB62 

Offshore Supply Vessels of at Least 

6,000 GT ITC 

AGENCY: Coast Guard, DHS. 

ACTION: Interim rule; correction. 

SUMMARY: The Coast Guard published an 

interim rule in the Federal Register on 

August 18, 2014, to ensure the safe 

carriage of oil, hazardous substances, 

and individuals in addition to the crew 

on U.S.-flagged OSVs of at least 6,000 

gross tonnage as measured under the 

Convention Measurement System. In 

that interim rule, we revised a 

paragraph listing consensus standards 

incorporated by reference. In doing so, 

we inadvertently duplicated two 

paragraphs and presented others out of 

order. This correction resolves that error 

by removing the doubled paragraphs 

and reordering the others. 

DATES: This correction is effective on 

October 17, 2014. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this final rule, 

call or email Justin Staples, Office of 

Standards Evaluation and Development, 

Coast Guard; telephone 202–372–1483, 

email Justin.L.Staples@uscg.mil. If you 

have questions on viewing material on 

the docket, call Cheryl Collins, Program 

Manager, Docket Operations, telephone 

202–366–9826. 

SUPPLEMENTARY INFORMATION: On August 

18, 2014, the Coast Guard published an 

interim rule to ensure the safe carriage 

of oil, hazardous substances, and 

individuals in addition to the crew on 

U.S.-flagged OSVs of at least 6,000 gross 

tonnage as measured under the 

Convention Measurement System. 79 FR 

48894. 

In that rule, the Coast Guard revised 

46 CFR 125.180 to include a number of 

new standards to be incorporated by 

reference. In the process, we 

inadvertently duplicated two 

paragraphs listing standards published 

by the National Fire Protection 

Association (NFPA). In addition, the 

standards had originally appeared in 

order of the year those particular 

editions of the standards were 

published. We intended to reorganize 

them by identification number instead, 

but left some of them out of order. This 

correction deletes the redundant 

paragraphs and correctly orders the 

remaining ones. 

List of Subjects in 46 CFR Part 125 

Administrative practice and 

procedure, Cargo vessels, Hazardous 

materials transportation, Incorporation 

by reference, Marine safety, Seamen. 

For the reasons described in the 

preamble, 46 CFR part 125 is amended 

by making the following correcting 

amendment: 

PART 125—GENERAL 

■ 1. The authority citation for part 125 

continues to read as follows: 

Authority: 46 U.S.C. 2103, 3306, 3307; 49 

U.S.C. App. 1804; sec. 617, Pub. L. 111–281, 

124 Stat. 2905; Department of Homeland 

Security Delegation No. 0170.1. 

■ 2. In § 125.180, revise paragraph (i) to 

read as follows: 

§ 125.180 Incorporation by reference. 

* * * * * 

(i) National Fire Protection 

Association (NFPA), 1 Batterymarch 

Park, Quincy, MA 02269–9101, 617– 

770–3000, http://www.nfpa.org: 

(1) NFPA 10—Standard for Portable 

Fire Extinguishers, 1994 Edition, IBR 

approved for § 132.350. 

(2) NFPA 70—National Electrical 

Code, 1993 Edition, IBR approved for 

§§ 129.320, 129.340, and 129.370. 

(3) NFPA 302—Fire Protection 

Standard for Pleasure and Commercial 

Motor Craft, 1994 Edition, IBR approved 

for § 129.550. 

(4) NFPA 306—Control of Gas 

Hazards on Vessels, 1993 Edition, IBR 

approved for § 126.160. 

(5) NFPA 1963—Fire Hose 

Connections, 1993 Edition, IBR 

approved for § 132.130. 

* * * * * 

K. Cervoni, 

Chief, Office of Regulations and 

Administrative Law, U.S. Coast Guard. 

[FR Doc. 2014–24716 Filed 10–16–14; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 622 

[Docket No. 101206604–1758–02] 

RIN 0648–XD559 

Coastal Migratory Pelagic Resources 

of the Gulf of Mexico and South 

Atlantic; 2014–2015 Accountability 

Measure and Closure for Gulf King 

Mackerel in Western Zone 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; closure. 

SUMMARY: NMFS implements an 

accountability measure (AM) for 

commercial king mackerel in the 

western zone of the Gulf of Mexico 

(Gulf) exclusive economic zone (EEZ) 

through this temporary final rule. NMFS 

has determined that the commercial 

quota for king mackerel in the western 

zone of the Gulf EEZ will have been 

reached by October 17, 2014. Therefore, 

NMFS closes the western zone of the 

Gulf to commercial king mackerel 

fishing in the EEZ. This closure is 

necessary to protect the Gulf king 

mackerel resource. 

DATES: The closure is effective noon, 

local time, October 17, 2014, until 12:01 

a.m., local time, on July 1, 2015. 

FOR FURTHER INFORMATION CONTACT: 

Susan Gerhart, 727–824–5305, email: 

susan.gerhart@noaa.gov. 

SUPPLEMENTARY INFORMATION: The 

fishery for coastal migratory pelagic fish 

(king mackerel, Spanish mackerel, and 

cobia) is managed under the Fishery 

Management Plan for the Coastal 

Migratory Pelagic Resources of the Gulf 

of Mexico and South Atlantic (FMP). 

The FMP was prepared by the Gulf of 

Mexico and South Atlantic Fishery 

Management Councils (Councils) and is 

implemented under the authority of the 

Magnuson-Stevens Fishery 

Conservation and Management Act 

(Magnuson-Stevens Act) by regulations 

at 50 CFR part 622. 

The commercial quota for the Gulf 

migratory group king mackerel in the 

western zone is 1,071,360 lb (485,961 

kg) (76 FR 82058, December 29, 2011), 

for the current fishing year, July 1, 2014, 

through June 30, 2015. 

Regulations at 50 CFR 622.388(a)(1) 

require NMFS to close the commercial 

sector for Gulf migratory group king 

mackerel in the western zone when the 

quota is reached, or is projected to be 

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