Federal Register / Vol. 79, No. 190 / Wednesday, October 1, 2014 / Rules and Regulations 59121 

IV. Statutory and Executive Order 

Reviews 

This final rule establishes a tolerance 

exemption under FFDCA section 408(d) 

in response to a petition submitted to 

the Agency. The Office of Management 

and Budget (OMB) has exempted these 

types of actions from review under 

Executive Order 12866, entitled 

‘‘Regulatory Planning and Review’’ (58 

FR 51735, October 4, 1993). Because 

this final rule has been exempted from 

review under Executive Order 12866, 

this final rule is not subject to Executive 

Order 13211, entitled ‘‘Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use’’ (66 FR 28355, May 

22, 2001) or Executive Order 13045, 

entitled ‘‘Protection of Children from 

Environmental Health Risks and Safety 

Risks’’ (62 FR 19885, April 23, 1997). 

This final rule does not contain any 

information collections subject to OMB 

approval under the Paperwork 

Reduction Act (PRA), 44 U.S.C. 3501 et 

seq., nor does it require any special 

considerations under Executive Order 

12898, entitled ‘‘Federal Actions to 

Address Environmental Justice in 

Minority Populations and Low-Income 

Populations’’ (59 FR 7629, February 16, 

1994). 

Since tolerances and exemptions that 

are established on the basis of a petition 

under FFDCA section 408(d), such as 

the tolerance exemption in this final 

rule, do not require the issuance of a 

proposed rule, the requirements of the 

Regulatory Flexibility Act (RFA) (5 

U.S.C. 601 et seq.), do not apply. 

This final rule directly regulates 

growers, food processors, food handlers, 

and food retailers, not States or tribes, 

nor does this action alter the 

relationships or distribution of power 

and responsibilities established by 

Congress in the preemption provisions 

of FFDCA section 408(n)(4). As such, 

the Agency has determined that this 

action will not have a substantial direct 

effect on States or tribal governments, 

on the relationship between the national 

government and the States or tribal 

governments, or on the distribution of 

power and responsibilities among the 

various levels of government or between 

the Federal Government and Indian 

tribes. Thus, the Agency has determined 

that Executive Order 13132, entitled 

‘‘Federalism’’ (64 FR 43255, August 10, 

1999) and Executive Order 13175, 

entitled ‘‘Consultation and Coordination 

with Indian Tribal Governments’’ (65 FR 

67249, November 9, 2000) do not apply 

to this final rule. In addition, this final 

rule does not impose any enforceable 

duty or contain any unfunded mandate 

as described under Title II of the 

Unfunded Mandates Reform Act of 1995 

(UMRA) (2 U.S.C. 1501 et seq.). 

This action does not involve any 

technical standards that would require 

Agency consideration of voluntary 

consensus standards pursuant to section 

12(d) of the National Technology 

Transfer and Advancement Act of 1995 

(NTTAA) (15 U.S.C. 272 note). 

V. Congressional Review Act 

Pursuant to the Congressional Review 

Act (5 U.S.C. 801 et seq.), EPA will 

submit a report containing this rule 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. This action is not a ‘‘major 

rule’’ as defined by 5 U.S.C. 804(2). 

List of Subjects in 40 CFR Part 180 

Environmental protection, 

Administrative practice and procedure, 

Agricultural commodities, Pesticides 

and pests, Reporting and recordkeeping 

requirements. 

Dated: September 17, 2014. 

Jack E. Housenger, 

Director, Office of Pesticide Programs. 

Therefore, 40 CFR chapter I is 

amended as follows: 

PART 180—[AMENDED] 

■ 1. The authority citation for part 180 

continues to read as follows: 

Authority: 21 U.S.C. 321(q), 346a and 371. 

■ 2. Add § 180.1327 to subpart D to read 

as follows: 

§ 180.1327 Tetraacetylethylenediamine 

(TAED) and its metabolite 

Diacetylethylenediamine (DAED); 

exemption from the requirement of a 

tolerance. 

An exemption from the requirement 

of a tolerance is established for residues 

of the pesticide, 

tetraacetylethylenediamine (TAED), and 

its metabolite diacetylethylenediamine 

(DAED), in or on rice and strawberries, 

when used as a fungicide and 

bactericide in accordance with label 

directions and good agricultural 

practices. 

[FR Doc. 2014–23112 Filed 9–30–14; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Centers for Medicare & Medicaid 

Services 

42 CFR Part 412 

[CMS–1608–CN] 

RIN 0938–AS09 

Medicare Program; Inpatient 

Rehabilitation Facility Prospective 

Payment System for Federal Fiscal 

Year 2015; Correction 

ACTION: Final rule; Correction. 

SUMMARY: This document corrects 

technical errors that appeared in the 

final rule with comment period 

published in the Federal Register on 

August 6, 2014 entitled ‘‘Medicare 

Program; Inpatient Rehabilitation 

Facility Prospective Payment System for 

Federal Fiscal Year 2015’’ (79 FR 

45872). 

DATES: The corrections are effective 

October 1, 2014. 

FOR FURTHER INFORMATION CONTACT: 

Gwendolyn Johnson, (410) 786–6954, 

for general information. 

Charles Padgett, (410) 786–2811, for 

information about the quality reporting 

program. 

Kadie Thomas, (410) 786–0468, or 

Susanne Seagrave, (410) 786–0044, for 

information about the payment policies 

and the proposed payment rates. 

SUPPLEMENTARY INFORMATION: 

I. Background 

In FR Doc. 2014–18447 of August 6, 

2014 (79 FR 45872), there were a 

number of technical errors, which are 

identified and corrected in the 

‘‘Summary of Errors’’ and ‘‘Correction of 

Errors’’ sections of this correction 

document. The provisions of this 

correction document are effective as if 

they had been included in the document 

published on August 6, 2014. 

Accordingly, the corrections are 

effective October 1, 2014. 

II. Summary of Errors 

On page 45910, in Table 8: Quality 

Measures Finalized in the FY 2014 IRF 

PPS Final Rule Affecting the FY 2016 

and 2017 Adjustments to the IRF 

Annual Increase Factors and 

Subsequent Year Increase Factors, we 

inadvertently omitted the fiscal years 

affected by each of the listed quality 

measures, and therefore, are correcting 

the table. 

On page 45911, in our discussion of 

the FY 2014 IRF PPS final rule, we 

made a typographical error in 


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59122 Federal Register / Vol. 79, No. 190 / Wednesday, October 1, 2014 / Rules and Regulations 

identifying the Federal Register 

citation. 

On page 45915, we inadvertently 

referred to ‘‘future year IRP PPS increase 

factors’’ instead of ‘‘future year IRF PPS 

increase factors.’’ 

On page 45917, in our discussion of 

the Continuity Assessment Record and 

Evaluation (CARE) items, we 

inadvertently provided an incorrect 

hyperlink to the CARE reports. 

On page 45918, in Table 11: Summary 

of IRF QRP Measures Affecting the FY 

2017 Adjustments to the IRF PPS 

Annual Increase Factor and Subsequent 

Year Increase Factors, we inadvertently 

omitted the superscripts at the end of 

the sixth and seventh bulleted items. 

On page 45921, in our discussion of 

the IRF Quality Reporting Program 

(QRP) data completion thresholds, we 

made a technical error regarding the 

monthly submission of quality data. We 

require quarterly submission of 

healthcare-associated infection data for 

the National Health Safety Network 

(NHSN) Catheter-Associated Urinary 

Tract Infection (CAUTI) Outcome 

Measure (NQF #0138); quarterly 

submission of vaccination data for the 

Percent of Residents or Patients Who 

Were Assessed and Appropriately Given 

the Seasonal Influenza Vaccine (ShortStay) (NQF #0680) measure; and annual 

submission of vaccination data for the 

Influenza Vaccination Coverage among 

Healthcare Personnel (NQF #0431) 

measure. However, the data submitted 

for each measure must cover each 

month of the applicable reporting 

period. 

On page 45922, we made a 

typographical error in describing where 

the IRF QRP quality data items can be 

found in the IRF Patient Assessment 

Instrument (PAI) training manual. 

On page 45922, in our discussion of 

the IRF PAI training manual, we 

inadvertently provided an incorrect 

hyperlink to the manual. 

III. Waiver of Proposed Rulemaking 

In accordance with section 553(b) of 

the Administrative Procedure Act (APA) 

(5 U.S.C. 553(b)), 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. 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 therefor into 

the notice. 

Section 553(d) of the APA ordinarily 

requires a 30-day delay in the effective 

date of final rules after the date of their 

publication in the Federal Register. 

This 30-day delay in the 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. 

This document merely corrects 

typographical and technical errors in 

the preamble of the FY 2015 IRF PPS 

final rule. The provisions of that final 

rule have been subjected to notice-andcomment procedures. The corrections 

contained in this document are truly 

technical and/or typographical and do 

not make substantive changes to the 

policies and payment methodologies 

that were adopted in the FY 2015 IRF 

PPS final rule. Therefore, we find for 

good cause that it is unnecessary and 

would be contrary to the public interest 

to undertake further notice-andcomment procedures to incorporate the 

corrections in this document into the FY 

2015 IRF PPS final rule. For the same 

reasons, we find that there is good cause 

to waive the 30-day delay in the 

effective date for these corrections. 

Specifically, we believe that it is in the 

public interest to ensure that the FY 

2015 IRF PPS final rule accurately 

reflects our policies as of the date they 

take effect. Therefore, we find that 

delaying the effective date of these 

corrections beyond the effective date of 

the final rule would be contrary to the 

public interest. In so doing, we find 

good cause to waive the 30-day delay in 

effective date. 

IV. Correction of Errors 

In FR Doc. 2014–18447 of August 6, 

2014 (79 FR 45872), make the following 

corrections: 

1. On page 45910, Table 8: Quality 

Measures Finalized in the FY 2014 IRF 

PPS Final Rule Affecting the FY 2016 

and 2017 Adjustments to the IRF 

Annual Increase Factors and 

Subsequent Year Increase Factors, the 

table is corrected to read as follows: 

TABLE 8—QUALITY MEASURES FINALIZED IN THE FY 2014 IRF PPS FINAL RULE AFFECTING THE FY 2016 AND 2017 

ADJUSTMENTS TO THE IRF ANNUAL INCREASE FACTORS AND SUBSEQUENT YEAR INCREASE FACTORS

NQF measure ID Measure title 

NQF #0431 + Influenza Vaccination Coverage among Healthcare Personnel (affecting the FY 2016 adjustment to the IRF annual increase factor and subsequent year increase factors). 

NQF #0680* Percent of Residents or Patients Who Were Assessed and Appropriately Given the Seasonal Influenza Vaccine (Short-Stay) (affecting the FY 2017 adjustment to the IRF annual increase factor and subsequent year increase factors). 

NQF #0678* Percent of Residents or Patients with Pressure Ulcers That Are New or Worsened (Short-Stay)—Adoption of the NQF-Endorsed 

Version of this Measure. (affecting the FY 2016 adjustment to the IRF annual increase factor and subsequent year increase 

factors). 

NQF #2502** All-Cause Unplanned Readmission Measure for 30 Days Post-Discharge from Inpatient Rehabilitation Facilities (affecting the FY 

2016 adjustment to the IRF annual increase factor and subsequent year increase factors). 

+Using the CDC NHSN. 

* Using the IRF–PAI Version 1.2 that is effective on October 1, 2014; available at http://www.cms.gov/Medicare/Medicare-Fee-for-Service-Payment/InpatientRehabFacPPS/Downloads/IRF-PAI-FINAL-for-Use-Oct2014-updated-v4.pdf. 

** Not NQF-endorsed, currently under review by NQF. (See http://www.qualityforum.org/All-Cause_Admissions_and_Readmissions_

Measures.aspx) 

2. On page 45911, first column, 

section C.1, first paragraph, lines 2 and 

3, the Federal Register citation ‘‘78 FR 

47094’’ is corrected to read ‘‘78 FR 

47904.’’ 

3. On page 45915, first column 

following Table 9, first paragraph, line 

3, the acronym ‘‘IRP’’ is corrected to 

read ‘‘IRF.’’ 

4. On page 45917, first column, lines 

9 through 18, the hyperlink, ‘‘http://

www.cms.gov/Medicare/QualityInitiatives-Patient-AssessmentInstruments/Post-AcuteCareQualityInitiatives/Downloads/TheDevelopment-and-Testing-of-theContinuity-Assessment-Record-andVerDate Sep<11>2014 15:09 Sep 30, 2014 Jkt 235001 PO 00000 Frm 00036 Fmt 4700 Sfmt 4700 E:\FR\FM\01OCR1.SGM 01OCR1

wreier-aviles on DSK5TPTVN1PROD with RULES
Federal Register / Vol. 79, No. 190 / Wednesday, October 1, 2014 / Rules and Regulations 59123 

Evaluation-CARE-Item-Set-Final-Reporton-the-Development-of-the-CARE-ItemSet-and-Current-AssessmentComparisons-Volume-3-of-3.pdf.’’ is 

corrected to read ‘‘http://www.cms.gov/ 

Medicare/Quality-Initiatives-PatientAssessment-Instruments/Post-AcuteCare-Quality-Initiatives/Downloads/

The-Development-and-Testing-of-theContinuity-Assessment-Record-andEvaluation-CARE-Item-Set-Final-Reporton-the-Development-of-the-CARE-ItemSet-and-Current-AssessmentComparisons-Volume-3-of-3.pdf.’’ 

5. On page 45917, first column, lines 

19 through 27, the hyperlink, ‘‘http://

www.cms.gov/Medicare/QualityInitiatives-Patient-AssessmentInstruments/Post-Acute-Care-QualityInitiatives/Downloads/TheDevelopment-and-Testing-of-theContinuity-Assessment-Record-andEvaluation-CARE-Item-Set-Final-Reporton-the-Development-of-the-CARE-ItemSet-Volume-1-of-3.pdf.’’ is corrected to 

read ‘‘http://www.cms.gov/Medicare/

Quality-Initiatives-Patient-AssessmentInstruments/Post-Acute-Care-QualityInitiatives/Downloads/TheDevelopment-and-Testing-of-theContinuity-Assessment-Record-andEvaluation-CARE-Item-Set-Final-Reporton-the-Development-of-the-CARE-ItemSet-Volume-1-of-3.pdf.’’ 

6. On page 45918, Table 11: Summary 

of IRF QRP Measures Affecting the FY 

2017 Adjustments to the IRF PPS 

Annual Increase Factor and Subsequent 

Year Increase Factors, the superscript 

‘‘+’’is added at the end of ‘‘NQF #1716: 

National Healthcare Safety Network 

(NHSN) Facility-Wide Inpatient 

Hospital-Onset Methicillin-Resistant 

Staphylococcus aureus (MRSA) 

Bacteremia Outcome Measure.’’ 

7. On page 45918, Table 11: Summary 

of IRF QRP Measures Affecting the FY 

2017 Adjustments to the IRF PPS 

Annual Increase Factor and Subsequent 

Year Increase Factors, the superscript 

‘‘+’’is added at the end of ‘‘NQF #1717: 

National Healthcare Safety Network 

(NHSN) Facility-Wide Inpatient 

Hospital-Onset Clostridium difficile 

Infection (CDI) Outcome Measure.’’ 

8. On page 45921, first column, 

section J, first paragraph, lines 17 

through 20, the phrase ‘‘monthly 

submission of such quality data for the 

healthcare-associated infection or 

vaccination data’’ is corrected to read 

‘‘submission of healthcare-associated 

infection or vaccination data covering 

each month of the applicable reporting 

period.’’ 

9. On page 45922, first column, line 

8, the phrase ‘‘Chapter 4’’ is corrected to 

read ‘‘Section 4.’’ 

10. On page 45922, first column, lines 

11 through 15, the hyperlink, ‘‘http://

www.cms.gov/Medicare/QualityInitiatives-Patient-AssessmentInstruments/IRF-Quality-Reporting/’’ ‘‘is 

corrected to read ‘‘http://www.cms.gov/ 

Medicare/Quality-Initiatives-PatientAssessment-Instruments/IRF-QualityReporting/Training.html.’’ 

Dated: September 25, 2014. 

C’Reda Weeden, 

Executive Secretary to the Department, 

Department of Health and Human Services. 

[FR Doc. 2014–23382 Filed 9–30–14; 8:45 am] 

BILLING CODE 4120–01–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Centers for Medicare & Medicaid 

Services 

42 CFR Parts 430, 431, 433, 435, 436, 

and 440 

Medicare and Medicaid Program; 

Regulatory Provisions To Promote 

Program Efficiency, Transparency, and 

Burden Reduction 

CFR Correction 

■ In Title 42 of the Code of Federal 

Regulations, Parts 430 to 481, revised as 

of October 1, 2013, in parts 430, 431, 

433, 435, 436, and 440, make the 

following changes: 

§§ 430.25, 431.120, 431.151, 431.153, 433.56, 

435.217, 436.217, 440.1, 440.150 

[Corrected] 

In section Remove Add 

430.25(c)(2) ............................................................................................. ICF/IIDIID ....................................... ICF/IID. 

431.120(a)(3) ........................................................................................... ICF/IIDIID ....................................... ICF/IID. 

431.151(a)(2) and (a)(3) .......................................................................... ICF/IIDIID ....................................... ICF/IID. 

431.153(e)(1) introductory text ................................................................ ICF/IIDIID ....................................... ICF/IID. 

431.153(e)(1) introductory text, and (e)(1)(ii) .......................................... ICF/IIDICF/IID ................................ ICF/IID. 

433.56(a)(4) ............................................................................................. ICF/IIDICF/IIDs .............................. ICF/IIDs. 

435.217(b)(1) ........................................................................................... ICF/IIDICF/IID ................................ ICF/IID. 

436.217(b)(1) ........................................................................................... ICF/IIDICF/IID ................................ ICF/IID. 

440.1, in the entry for ‘‘1915(c)’’ ............................................................. ICF/IIDICF/IID ................................ ICF/IID. 

440.150 heading (both places where it appears), and (a) introductory 

text, and (a)(2).

ICF/IIDICF/IID ................................ ICF/IID. 

[FR Doc. 2014–23531 Filed 9–30–14; 8:45 am] 

BILLING CODE 1505–01–D 

DEPARTMENT OF HOMELAND 

SECURITY 

Federal Emergency Management 

Agency 

44 CFR Part 64 

[Docket ID FEMA–2014–0002; Internal 

Agency Docket No. FEMA–8351] 

Suspension of Community Eligibility 

AGENCY: Federal Emergency 

Management Agency, DHS. 

ACTION: Final rule. 

SUMMARY: This rule identifies 

communities where the sale of flood 

insurance has been authorized under 

the National Flood Insurance Program 

(NFIP) that are scheduled for 

suspension on the effective dates listed 

within this rule because of 

noncompliance with the floodplain 

management requirements of the 

program. If the Federal Emergency 

Management Agency (FEMA) receives 

documentation that the community has 

adopted the required floodplain 

management measures prior to the 

effective suspension date given in this 

rule, the suspension will not occur and 

a notice of this will be provided by 


wreier-aviles on DSK5TPTVN1PROD with RULES