15882 Federal Register / Vol. 78, No. 49 / Wednesday, March 13, 2013 / Rules and Regulations 

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: February 26, 2013. 

G. Jeffrey Herndon, 

Acting Director, Registration Division, 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. In § 180.252 revise the table in 

paragraph (a) to read as follows: 

§ 180.252 Tetrachlorvinphos; tolerances 

for residues. 

(a) * * * 

Commodity Parts per 

million 

Expiration/revocation date 

Cattle, fat (of which no more than 0.1 ppm is tetrachlorvinphos per se) ............................................................... 0 .2 8/18/13 

Cattle, kidney (of which no more than 0.05 ppm is tetrachlorvinphos per se) ....................................................... 1 .0 8/18/13 

Cattle, liver (of which no more than 0.05 ppm is tetrachlorvinphos per se) ........................................................... 0 .5 8/18/13 

Cattle, meat (of which no more than 2.0 ppm is tetrachlorvinphos per se) ........................................................... 2 .0 8/18/13 

Cattle, meat byproducts, except kidney and liver ................................................................................................... 1 .0 8/18/13 

Egg (of which no more than 0.05 ppm is tetrachlorvinphos per se) ....................................................................... 0 .2 8/18/13 

Hog, fat (of which no more than 0.1 ppm is tetrachlorvinphos per se) .................................................................. 0 .2 8/18/13 

Hog, kidney (of which no more than 0.05 ppm is tetrachlorvinphos per se) .......................................................... 1 .0 8/18/13 

Hog, liver (of which no more than 0.05 ppm is tetrachlorvinphos per se) .............................................................. 0 .5 8/18/13 

Hog, meat (of which no more than 2.0 ppm is tetrachlorvinphos per se) .............................................................. 2 .0 8/18/13 

Hog, meat byproducts, except kidney and liver ...................................................................................................... 1 .0 8/18/13 

Milk, fat (reflecting negligible residues in whole milk and of which no more than 0.05 ppm is tetrachlorvinphos 

per se) .................................................................................................................................................................. 0 .05 8/18/13 

Poultry, fat (of which no more than 7.0 ppm is tetrachlorvinphos per se) .............................................................. 7 .0 8/18/13 

Poultry, liver (of which no more than 0.05 ppm is tetrachlorvinphos per se) ......................................................... 2 .0 8/18/13 

Poultry, meat (of which no more than 3.0 ppm is tetrachlorvinphos per se) .......................................................... 3 .0 8/18/13 

Poultry, meat byproducts, except liver .................................................................................................................... 2 .0 8/18/13 

* * * * * 

[FR Doc. 2013–05814 Filed 3–12–13; 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–CN4] 

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 in the correcting 

document that appeared in the October 

3, 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; Correction.’’ 

DATES: Effective date: This correcting 

document is effective March 12, 2013. 

Applicability Date: This correcting 

document is applicable to discharges on 

or after October 1, 2012. 

FOR FURTHER INFORMATION CONTACT: Tzvi 

Hefter, (410) 786–4487. 

SUPPLEMENTARY INFORMATION: 

I. Background 

In the August 31, 2012 Federal 

Register (77 FR 53258), we published a 

final rule 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’’ 

(hereinafter referred to as the FY 2013 

IPPS/LTCH PPS final rule). To correct 

typographical and technical errors in 

the FY 2013 IPPS/LTCH PPS final rule, 

we published correcting documents that 

appeared in the October 3, 2012 Federal 

Register (77 FR 60315); October 17, 

2012 Federal Register (77 FR 63751); 

and the October 29, 2012 Federal 

Register (77 FR 65495). 

The October 3, 2012 correcting 

document (77 FR 60315) included 

several corrections to figures and data 

for the Hospital Readmissions 

Reduction program. Since that time, we 

have determined that these corrections 

still contained errors. Therefore, in this 

correcting document, we will identify 

and correct the errors related to the 

Hospital Readmissions Reduction 

Program included in October 3, 2012 

correcting document (FR Doc. 2012– 

24307). 

II. Summary of Errors and Corrections 

to Tables Posted on the CMS Web Site 

A. Errors in the October 3, 2012 

Correcting Document 

On page 60317, in corrections to 

figures regarding the Hospital 

Readmissions Reduction Program, we 

made an error in the: (1) Amount by 

which payments to hospitals would be 

reduced; and (2) number of hospitals 

that will have their base operating DRG 

payments reduced by the readmissions 

adjustment. 


emcdonald on DSK67QTVN1PROD with RULES
Federal Register / Vol. 78, No. 49 / Wednesday, March 13, 2013 / Rules and Regulations 15883 

B. Errors in and Corrections to Tables 

Posted on the CMS Web Site 

In the August 31, 2012 FY 2013 IPPS/ 

LTCH PPS final rule Federal Register 

(77 FR 53717), we list Table 15 as table 

that is available only through the 

Internet. 

In Table 15.—FY 2013 Final 

Readmissions Adjustment Factors, we 

are correcting technical errors in the 

calculation of the readmissions 

adjustment factors published for the FY 

2013 IPPS/LTCH PPS final rule. For the 

FY 2013 IPPS/LTCH PPS final rule and 

for the subsequent October 3, 2012 

correcting document, we inadvertently 

failed to properly include all of 

Medicare inpatient claims from the FY 

2008 MedPAR file and the FY 2009 

MedPAR file in determining the base 

operating DRG payment amounts in the 

calculation of aggregate payments for 

excess readmissions and aggregate 

payments for all discharges that were 

used to calculate the readmissions 

adjustment factors. Under the policy we 

adopted in that final rule, for FY 2013, 

aggregate payments for excess 

readmissions and aggregate payments 

for all discharges are calculated using 

data from MedPAR claims with 

discharge dates that are on or after July 

1, 2008, and no later than June 30, 2011. 

The corrections to Tables 15 

discussed in this section of the 

correction document will be posted on 

the CMS Web site at http://www.cms.

hhs.gov/AcuteInpatientPPS/01_

overview.asp. Click on the link on the 

left side of the screen titled, ‘‘FY 2013 

IPPS Final Rule Home Page’’ or ‘‘Acute 

Inpatient—Files for Download.’’ 

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(b) 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. 

In our view, this correcting document 

does not constitute a rulemaking that 

would be subject to the APA notice and 

comment or delayed effective date 

requirements. This correcting document 

corrects technical errors regarding the 

Hospital Readmissions Reduction 

Program in the October 3, 2012 

correcting document and Table 15 of the 

Addendum of the FY 2013 IPPS/LTCH 

PPS final rule and does not make 

substantive changes to the policies or 

payment methodologies that were 

adopted in the final rule. As a result, 

this correcting document is intended to 

ensure that the preamble and the 

Addendum of the FY 2013 IPPS/LTCH 

PPS final rule accurately reflect the 

policies adopted in that rule. 

In addition, even if this were a 

rulemaking 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. 2012–24307 of October 3, 

2012 (77 FR 60315), make the following 

corrections: 

1. On page 60317, 

a. Top half of the page, first column, 

third full paragraph (section IV.A.1.b. of 

the correcting document), last line 3, the 

figure ‘‘$290’’ is corrected to read 

‘‘$280’’. 

b. Bottom half of the page following 

the table, first column, last paragraph 

(section IV.B.2. of the correcting 

document), line 29, the figure ‘‘2,217’’ is 

corrected to read ‘‘2,214’’. 

(Catalog of Federal Domestic Assistance 

Program No. 93.773, Medicare—Hospital 

Insurance; and Program No. 93.774, 

Medicare—Supplementary Medical 

Insurance Program) 

Dated: March 7, 2013. 

Jennifer M. Cannistra, 

Executive Secretary to the Department, 

Department of Health and Human Services. 

[FR Doc. 2013–05724 Filed 3–12–13; 8:45 am] 

BILLING CODE 4120–01–P 

DEPARTMENT OF TRANSPORTATION 

Office of the Secretary 

49 CFR Part 71 

[Docket No. DOT–OST–2012–0159] 

RIN 2105–AE20 

Standard Time Zone Boundaries 

AGENCY: Office of the Secretary (OST), 

Department of Transportation (DOT). 

ACTION: Final rule. 

SUMMARY: This final rule updates and 

amends the Department’s standard time 

zone boundaries regulations to reflect 

changes that Congress made to the 

Uniform Time Act. The purpose of this 

update is to ensure that the 

Department’s regulations accurately 

reflect other Federal law and to reduce 

confusion over ambiguous language and 

inconsistencies. 

DATES: This rule is effective March 13, 

2013. 

FOR FURTHER INFORMATION CONTACT: Jill 

Laptosky, Attorney-Advisor, Office of 

General Counsel, 1200 New Jersey 

Avenue SE., Washington, DC 20590. She 

may also be reached by telephone at 

202–493–0308 or by email at 

jill.laptosky@dot.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

Since 2000, Congress has made 

several amendments to the Uniform 

Time Act, 15 U.S.C. 260–267. 

Consequently, the Department’s 

regulations on standard time zone 

boundaries, 49 CFR Part 71, need to be 

updated in order to ensure their 

consistency with Federal law. 

Therefore, the Department is issuing 

this final rule to make the necessary 

updates and to revise the language for 

clarity. 

This final rule is published under the 

authority of 15 U.S.C. 260–267, which 

authorized the Secretary of 

Transportation to prescribe regulations 

related to the observance of a uniform 

standard of time. 

The Administrative Procedure Act (5 

U.S.C. 553) contains a ‘‘good cause’’ 

exemption, which allows agencies to 

dispense with notice and comment if 

those procedures are impracticable, 

unnecessary, or contrary to the public 

interest. We have determined that under 

5 U.S.C. 553(b)(3)(B), good cause exists 

for dispensing with a notice of proposed 

rulemaking and public comment as this 

rule is implementing statutory changes 

and clarifying language without 

imposing any new requirements. 


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