Federal Register / Vol. 79, No. 37 / Tuesday, February 25, 2014 / Rules and Regulations 10395 

and adverse human health or 

environmental effects of their programs, 

policies and activities on minority 

populations and low-income 

populations in the United States. The 

EPA has determined that this final 

action will not have disproportionately 

high and adverse human health or 

environmental effects on minority or 

low-income populations because it does 

not directly affect the level of protection 

provided to human health or the 

environment. This rule is making a 

finding that Pennsylvania failed to 

submit nonattainment SIPs for the 2008 

Lead NAAQS as required by the CAA. 

The enforceable measures in the 

attainment SIPs will ensure that the 

areas will attain the NAAQS for lead, 

which was established to protect public 

health, including the health of minority 

and low income populations, with an 

adequate margin of safety. 

K. Congressional Review Act 

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. The 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 action 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). This action will be effective 

February 25, 2014. 

L. Judicial Review 

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 Third Circuit 

within 60 days from the date this action 

is published in the Federal Register. 

Filing a petition for reconsideration by 

the Administrator of this final action 

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 must be 

filed, and shall not postpone the 

effectiveness of this action. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Approval 

and promulgation of implementation 

plans, Administrative practice and 

procedures, Air pollution control, 

Incorporation by reference, 

Intergovernmental relations, and 

Reporting and recordkeeping 

requirements. 

Dated: February 7, 2014. 

Janet G. McCabe, 

Acting Assistant Administrator, Office of Air 

and Radiation. 

[FR Doc. 2014–03329 Filed 2–24–14; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Centers for Medicare & Medicaid 

Services 

42 CFR Part 482 

[CMS–3244–F2] 

RIN–0938–AQ89 

Medicare and Medicaid Program; 

Correcting Amendment 

AGENCY: Centers for Medicare & 

Medicaid Services (CMS), HHS. 

ACTION: Final rule; correcting 

amendment. 

SUMMARY: This document corrects a 

technical error that appeared in the final 

rule published in the Federal Register 

(77 FR 29034) on May 16, 2012, entitled 

‘‘Reform of Hospital and Critical Access 

Hospital Conditions of Participation.’’ 

DATES: This correcting amendment is 

effective February 25, 2014. 

FOR FURTHER INFORMATION CONTACT: 

Ronisha Davis, (410) 786–6882. 

SUPPLEMENTARY INFORMATION: 

I. Background 

In FR Doc. 2012–11548 (77FR 29034) 

of May 16, 2012, the final rule entitled 

‘‘Reform of Hospital and Critical Access 

Hospital Conditions of Participation,’’ 

there were technical errors that are 

identified and corrected in the 

regulations text of this correcting 

amendment. 

II. Summary of Errors in the 

Regulations Text 

On page 29075 of the May 16, 2012 

Federal Register final rule, in the 

amendatory instructions for 42 CFR 

482.42, we revised the introductory text 

of paragraph (a) to include the 

provisions of paragraph (a)(1). However, 

we inadvertently neglected to omit 

paragraph (a)(1) from the regulations 

text. In addition, we proposed to remove 

the burdensome requirement for an 

infection log at paragraph (a)(2), but 

inadvertently omitted the removal of 

paragraph (a)(2) from the regulations 

text. 

III. Waiver of Proposed Rulemaking 

and Delay in 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 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. The 

provision finalized in the final rule 

noted above has previously been 

subjected to notice and comment 

procedures. These corrections do not 

make substantive changes to the 

requirement that was finalized in the 

final rule. In addition, we believe it is 

important for the public to have the 

correct information as soon as possible 

and find no reason to delay the 

dissemination of it. 

For the reasons stated above, we find 

that both notice and comment and the 

30-day delay in effective date for the 

correction notice are unnecessary. 

Therefore, we find there is good cause 

to waive notice and comment 

procedures and the 30-day delay in 

effective date for this correction notice. 

List of Subjects in 42 CFR Part 482 

Grant programs, Health, Hospitals, 

Medicaid, Medicare, Reporting and 

recordkeeping requirements. 

Accordingly, 42 CFR chapter IV is 

corrected by making the following 

correcting amendments to part 482: 

PART 482—CONDITIONS OF 

PARTICIPATION FOR HOSPITALS 

■ 1. The authority citation for part 482 

continues to read as follows: 

Authority: Secs. 1102, 1871 and 1881 of 

the Social Security Act (42 U.S.C. 1302, 

1395hh, and 1395rr), unless otherwise noted. 


tkelley on DSK3SPTVN1PROD with RULES
10396 Federal Register / Vol. 79, No. 37 / Tuesday, February 25, 2014 / Rules and Regulations 

1 In 1999, NHTSA issued FMVSS No. 225, ‘‘Child 

restraint anchorage systems,’’ which requires 

vehicle manufacturers to equip vehicles with child 

restraint anchorage systems that are standardized 

and independent of the vehicle seat belts. The child 

restraint anchorage system required by FMVSS No. 

225 is a 3-point system consisting of two lower 

anchorage points and an upper anchorage point. 

Each lower anchorage consists of a six millimeter 

(mm) diameter straight rod, or ‘‘bar,’’ onto which a 

CRS connector can be attached. The two lower 

anchorage bars are typically located at or near the 

seat bight. The upper anchorage (‘‘tether 

anchorage’’) is a part to which a tether hook of a 

CRS can be attached. The 1999 rule also amended 

FMVSS No. 213, ‘‘Child restraint systems,’’ to 

require CRSs to be equipped with connectors that 

enable the CRS to attach to the vehicle’s lower 

anchorages of the child restraint anchorage system. 

A new head excursion performance requirement 

was added for forward-facing child restraints (other 

than booster seats), and to meet it, child restraints 

universally use a top tether strap affixed to the top 

of the restraints. 

2NHTSA–2007–0048–0008. 

3These are CRSs equipped with an internal 

harness (webbing) to restrain the child (‘‘harnessequipped CRSs’’). Forces from the mass of the 

child+CRS are imposed on the child restraint 

anchorage system. These are not ‘‘belt-positioning 

seats’’ used with a vehicle’s Type II seat belt 

system. 

4Assuming the mass of the CRS is about 17 lb, 

which is approximately the average mass of a CRS, 

the child restraint anchorage system is designed for 

children weighing up to about 48 lb (for a combined 

weight of 65 lb, from the weight of the CRS plus 

the weight of the child). 

Subpart C—Basic Hospital Functions 

§ 482.42 [Corrected] 

■ 2. In § 482.42, remove paragraphs 

(a)(1) and (a)(2). 

(Catalog of Federal Domestic Assistance 

Program No. 93.778, Medical Assistance 

Program No. 93.773, Medicare—Hospital 

Insurance; and Program No. 93.774, 

Medicare—Supplementary Medical 

Insurance Program) 

Dated: February 18, 2014. 

Jennifer Cannistra, 

Executive Secretary to the Department. 

[FR Doc. 2014–04024 Filed 2–24–14; 8:45 am] 

BILLING CODE 4120–01–P 

DEPARTMENT OF TRANSPORTATION 

National Highway Traffic Safety 

Administration 

49 CFR Part 571 

[Docket No. NHTSA–2014–0026] 

RIN 2127–AL35 

Child Restraint Systems 

AGENCY: National Highway Traffic 

Safety Administration (NHTSA), U.S. 

Department of Transportation (DOT). 

ACTION: Final rule; response to petition 

for reconsideration. 

SUMMARY: This final rule denies most 

aspects of a petition for reconsideration 

of a February 27, 2012, final rule that 

expanded the applicability of the 

Federal motor vehicle safety standard 

for child restraint systems to child 

restraints sold for children weighing up 

to 36 kilograms (kg) (80 pounds (lb)). 

The petition stated, among other things, 

that a label that was required by the 

2012 rule for certain child restraints was 

unclear and could be misunderstood. In 

response, NHTSA is making minor 

adjustments to the labeling requirement 

to make it clearer and more readerfriendly. For a year, manufacturers have 

the option of meeting the requirements 

of the February 27, 2012 rule or the rule 

as modified today. All other requests for 

substantive changes to the 2012 rule are 

denied. 

DATES: Effective date: The amendments 

made by this final rule are effective 

February 27, 2014. 

Compliance dates: The compliance 

date of the amendments of this final rule 

is February 27, 2015. Optional early 

compliance is permitted. Accordingly, 

child restraints manufactured on or after 

February 27, 2014 until February 26, 

2015, may comply by meeting either the 

requirements specified in the February 

27, 2012, final rule (77 FR 11626) or 

those requirements as amended by 

today’s final rule. Child restraints 

manufactured on or after February 27, 

2015 must meet the requirements as 

amended by today’s final rule. 

If you wish to petition for 

reconsideration of this rule, your 

petition must be received by April 11, 

2014. 

ADDRESSES: If you wish to petition for 

reconsideration of this rule, refer in 

your petition to the docket number of 

this document and submit your petition 

to: Administrator, National Highway 

Traffic Safety Administration, 1200 New 

Jersey Avenue SE., West Building, 

Washington, DC 20590. For information 

on the Privacy Act, see Rulemaking 

Analyses and Notices section. 

For access to the docket to read 

background documents or comments 

received, go to http://

www.regulations.gov and follow the 

online instructions for accessing the 

docket. You may also visit DOT’s 

Docket Management Facility, 1200 New 

Jersey Avenue SE., West Building 

Ground Floor, Room W12–140, 

Washington, DC 20590–0001 for on-line 

access to the docket. 

FOR FURTHER INFORMATION CONTACT: For 

technical issues, you may call Ms. 

Cristina Echemendia, Office of 

Rulemaking (Telephone: 202–366–6345) 

(Fax: 202–493–2990). For legal issues, 

you may call Ms. Deirdre Fujita, Office 

of Chief Counsel (Telephone: 202–366– 

2992) (Fax: 202–366–3820). The mailing 

address of the National Highway Traffic 

Safety Administration is: 1200 New 

Jersey Avenue SE., West Building, 

Washington, DC 20590. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. Introduction 

II. Petition for Reconsideration 

III. Correspondence 

a. The Label 

b. Other Issues 

IV. Agency Response 

a. The Label 

b. Other Issues 

V. Rulemaking Analyses and Notices 

I. Introduction 

This final rule denies most aspects of 

a petition for reconsideration of a 

February 27, 2012, final rule (77 FR 

11626) that expanded the applicability 

of Federal Motor Vehicle Safety 

Standard (FMVSS) No. 213, ‘‘Child 

restraint systems,’’ from child restraint 

systems (CRSs) for children weighing up 

to 65 lb to CRSs for children weighing 

up to 80 lb. The final rule also adopted 

use of a 10-year-old child (10YO) test 

dummy (HIII–10C) to test CRSs 

manufactured for children weighing 65 

to 80 lb. The test dummy weighs about 

78 lb. 

Generally speaking, in NHTSA’s 

compliance test for FMVSS No. 213, 

NHTSA has the choice of assessing the 

performance of a CRS when installed on 

a bench seat by way of the simulated 

lower anchorages of the ‘‘child restraint 

anchorage system’’ 1 of the standard seat 

assembly or by a seat belt. That is, child 

restraint manufacturers must ensure that 

their products meet the requirements of 

FMVSS No. 213 when NHTSA tests the 

CRS attached by the child restraint 

anchorage system connectors and when 

the agency tests the CRS attached by the 

seat belt. During the course of this 

particular rulemaking, the Alliance of 

Automobile Manufacturers (Alliance) 

submitted a comment 2 on an aspect of 

the rulemaking proposal relating to how 

NHTSA would use the 10YO dummy in 

compliance tests, particularly with 

respect to an issue concerning attaching 

CRSs by the child restraint anchorage 

system.3 The Alliance pointed out that 

the child restraint anchorage system was 

developed by NHTSA to withstand 

crash forces in a crash generated by a 

mass on the system of 65 lb (mass of 

child plus that of CRS).4 Given such a 

design parameter, the group stated that 

vehicle manufacturers would never 

recommend that a CRS be installed 

using the vehicle child restraint 

anchorage system when used to restrain 


tkelley on DSK3SPTVN1PROD with RULES