4908 Federal Register / Vol. 77, No. 21 / Wednesday, February 1, 2012 / Rules and Regulations 

19. U.S. EPA. 2010b. Trichoderma gamsii 

strain ICC 080 Biopesticides Registration 

Action Document dated March 4, 2010 

(available as ‘‘Supporting & Related 

Material’’ within docket ID number 

EPA–HQ–OPP–2009–1003). 

20. U.S. EPA. 2010c. Trichoderma hamatum 

isolate 382 Biopesticides Registration 

Action Document dated July 13, 2010 

(available as ‘‘Supporting & Related 

Material’’ within docket ID Number 

EPA–HQ–OPP–2010–0489). 

X. Statutory and Executive Order 

Reviews 

This final rule establishes a tolerance 

exemption under section 408(d) of 

FFDCA in response to a petition 

submitted to EPA. 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 section 408(d) of FFDCA, 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. 

As a result, this action does not alter the 

relationships or distribution of power 

and responsibilities established by 

Congress in the preemption provisions 

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

EPA 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, EPA 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) (Pub. L. 104–4). 

This action does not involve any 

technical standards that would require 

EPA consideration of voluntary 

consensus standards pursuant to section 

12(d) of the National Technology 

Transfer and Advancement Act of 1995 

(NTTAA), Public Law 104–113, section 

12(d) (15 U.S.C. 272 note). 

XI. Congressional Review Act 

The Congressional Review Act, 5 

U.S.C. 801 et seq., generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report to each House of 

the Congress and to the Comptroller 

General of the United States. EPA will 

submit a report containing this rule and 

other required information to the United 

States Senate, the United States House 

of Representatives, and the Comptroller 

General of the United States prior to 

publication of this final rule in the 

Federal Register. This final rule 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: January 20, 2012. 

Steven Bradbury, 

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. Section 180.1310 is added to 

subpart D to read as follows: 

§ 180.1310 Trichoderma virens strain G– 

41; exemption from the requirement of a 

tolerance. 

An exemption from the requirement 

of a tolerance is established for residues 

of Trichoderma virens strain G–41, in or 

on all food commodities, when applied 

as a fungicide and used in accordance 

with good agricultural practices. 

[FR Doc. 2012–2216 Filed 1–31–12; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Centers for Medicare & Medicaid 

Services 

42 CFR Parts 412, 413, and 476 

[CMS–1518–CN4] 

RIN 0938–AQ24 

Medicare Program; Hospital Inpatient 

Prospective Payment Systems for 

Acute Care Hospitals and the LongTerm Care Hospital Prospective 

Payment System and Fiscal Year 2012 

Rates; Corrections 

AGENCY: Centers for Medicare & 

Medicaid Services (CMS), HHS. 

ACTION: Correction of final rule. 

SUMMARY: This document corrects 

technical errors that occurred in the 

Addendum of the 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 2012 Rates’’ which 

appeared in the August 18, 2011 

Federal Register. 

DATES: Effective Date: This document is 

effective January 31, 2012. 

Applicability Date: The corrections 

noted in this document and posted on 

the CMS Web site are applicable to 

hospital payments and discharges on or 

after October 1, 2011. 

FOR FURTHER INFORMATION CONTACT: 

Brian Slater, (410) 786–4487. 

SUPPLEMENTARY INFORMATION: 

I. Background 

In FR Doc. 2011–19719 of August 18, 

2011 (76 FR 51476), the final rule 

entitled ‘‘Medicare Program; Hospital 

Inpatient Prospective Payment Systems 

for Acute Care Hospitals and Fiscal Year 

2012 Rates and to the Long-Term Care 

Hospital Prospective Payment System 

and Rate Year 2012 Rates’’ (hereinafter 

referred to as the FY 2012 IPPS/FY 2012 

LTCH PPS final rule) there were a 

number of technical errors in the tables 

included in the Addendum of the final 

rule which are, posted on the CMS Web 

site. In section II. of this correcting 

document, we describe these errors and 

note the tables that will include the 

corrections. We have already made 

changes to our rates, updated PRICER 


tkelley on DSK3SPTVN1PROD with RULES
Federal Register / Vol. 77, No. 21 / Wednesday, February 1, 2012 / Rules and Regulations 4909 

and sent a Technical Director’s Letter on 

December 20, 2011 informing fiscal 

intermediaries of these changes. 

Accordingly, the corrections are 

applicable to hospital discharges and 

payments on or after October 1, 2011. 

II. Summary of Errors and Corrections 

Posted on the CMS Web site 

On pages 51812 and 51813, we list the 

tables that are tables available only 

through the Internet. We are making 

corrections to Tables 2, 4C, and 9A in 

this notice. Therefore, we have 

corrected these errors and will post 

corrections to Tables 2, 4C, and 9A on 

the CMS Web site at http:// 

www.cms.hhs.gov/AcuteInpatientPPS/ 

01_overview.asp). 

In Table 2.—Acute Care Hospitals 

Case-Mix Indexes for Discharges 

Occurring in Federal Fiscal Year 2010; 

Hospital Wage Indexes for Federal 

Fiscal Year 2012; Hospital Average 

Hourly Wages for Federal Fiscal Years 

2010 (2006 Wage Data), 2011 (2007 

Wage Data), and 2012 (2008 Wage Data); 

and 3-Year Average of Hospital Average 

Hourly Wages, we are correcting the 

wage index value for providers 010022, 

010164, and 360096, which were 

inadvertently omitted from Table 9A as 

receiving a geographic reclassification 

for FY 2012. 

In Table 4C.—Wage Index and Capital 

Geographic Adjustment Factor (GAF) for 

Acute Care Hospitals that are 

Reclassified, we are adding a wage 

index value for CBSA 11500 AnnistonOxford, AL. Provider 010164 was 

omitted from Table 9A as being 

reclassified to CBSA 11500. As there 

was not a published value for CBSA 

11500, due to no hospitals previously 

reclassified to that CBSA, we are adding 

a reclassified wage index in Table 4C. 

In Table 9A.—Hospital 

Reclassifications and Redesignations— 

FY 2012, we are correcting the 

inadvertent omission of providers 

010022, 010164, and 360096 from Table 

9A by adding these 3 providers to the 

table. 

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(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 in the tables 

included in the Addendum of the FY 

2012 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 tables 

included in the Addendum of the FY 

2012 IPPS/LTCH PPS final rule 

accurately reflects 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. 

(Catalog of Federal Domestic Assistance 

Program No. 93.773, Medicare—Hospital 

Insurance; and Program No. 93.774, 

Medicare—Supplementary Medical 

Insurance Program) 

Dated: January 23, 2012. 

Jennifer M. Cannistra, 

Executive Secretary to the Department. 

[FR Doc. 2012–2220 Filed 1–31–12; 8:45 am] 

BILLING CODE 4120–01–P 

LEGAL SERVICES CORPORATION 

45 CFR Part 1611 

Income Level for Individuals Eligible 

for Assistance 

AGENCY: Legal Services Corporation. 

ACTION: Final rule. 

SUMMARY: The Legal Services 

Corporation (‘‘Corporation’’) is required 

by law to establish maximum income 

levels for individuals eligible for legal 

assistance. This document updates the 

specified income levels to reflect the 

annual amendments to the Federal 

Poverty Guidelines as issued by the 

Department of Health and Human 

Services. 

DATES: Effective Date: This rule is 

effective February 1, 2012. 

FOR FURTHER INFORMATION CONTACT: 

Mattie Cohan, Senior Assistant General 

Counsel, Legal Services Corporation, 

3333 K St. NW., Washington, DC 20007; 

(202) 295–1624; mcohan@lsc.gov. 

SUPPLEMENTARY INFORMATION: Section 

1007(a)(2) of the Legal Services 

Corporation Act (‘‘Act’’), 42 U.S.C. 

2996f(a)(2), requires the Corporation to 

establish maximum income levels for 

individuals eligible for legal assistance, 

and the Act provides that other 

specified factors shall be taken into 

account along with income. 

Section 1611.3(c) of the Corporation’s 

regulations establishes a maximum 

income level equivalent to one hundred 

and twenty-five percent (125%) of the 

Federal Poverty Guidelines. Since 1982, 

the Department of Health and Human 

Services has been responsible for 

updating and issuing the Federal 

Poverty Guidelines. The figures for 2012 

set out below are equivalent to 125% of 

the current Federal Poverty Guidelines 

as published on January 26, 2012 (77 FR 

4034). 

In addition, LSC is publishing a chart 

listing income levels that are 200% of 

the Federal Poverty Guidelines. This 

chart is for reference purposes only as 

an aid to grant recipients in assessing 

the financial eligibility of an applicant 

whose income is greater than 125% of 

the applicable Federal Poverty 

Guidelines amount, but less than 200% 

of the applicable Federal Poverty 

Guidelines amount (and who may be 

found to be financially eligible under 

duly adopted exceptions to the annual 

income ceiling in accordance with 

sections 1611.3, 1611.4 and 1611.5). 

List of Subjects in 45 CFR Part 1611 

Grant programs—Law, Legal services. 

For reasons set forth above, 45 CFR 

1611 is amended as follows: 

PART 1611—ELIGIBILITY 

■ 1. The authority citation for part 1611 

continues to read as follows: 

Authority: Secs. 1006(b)(1), 1007(a)(1) 

Legal Services Corporation Act of 1974, 42 

U.S.C. 2996e(b)(1), 2996f(a)(1), 2996f(a)(2). 


tkelley on DSK3SPTVN1PROD with RULES