24408 Federal Register / Vol. 77, No. 79 / Tuesday, April 24, 2012 / Rules and Regulations 

on October 28, 2011. A typographical 

correction was submitted to the Indiana 

Air Pollution Control Board and 

accepted on December 6, 2011 and 

became effective on January 20, 2012. 

§ 62.3641 Identification of sources. 

The Indiana State Plan for existing 

Hospital/Medical/Infectious Waste 

Incinerators (HMIWI) applies to all 

HMIWIs for which construction 

commenced on 

(a) On or before June 20, 1996 or for 

which modification was commenced on 

or before March 1998; or 

(b) After June 20, 1996, but no later 

than December 1, 2008, or for which 

modification is commenced after March 

16, 1998, but no later than April 6, 2010. 

§ 62.3642 Effective Date. 

The Federal effective date of the 

Indiana State Plan for existing Hospital/ 

Medical/Infectious Waste Incinerators is 

June 25, 2012. 

[FR Doc. 2012–9724 Filed 4–23–12; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 721 

[EPA–HQ–OPPT–2011–0108; FRL–9344–7] 

RIN 2070–AB27 

Modification of Significant New Uses 

of Tris Carbamoyl Triazine; Technical 

Amendment 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule; technical 

amendment. 

SUMMARY: This technical amendment 

implements a technical correction that 

published in the Federal Register of 

March 7, 2012. Specifically, the 

correction involves the removal of a 

cross-reference that was erroneously 

included in a final rule that published 

in the Federal Register of February 8, 

2012. 

DATES: This final rule is effective April 

24, 2012. 

ADDRESSES: The docket for this action, 

identified under docket identification 

(ID) number EPA–HQ–OPPT–2011– 

0108, is available online at http://www.

regulations.gov and at the OPPT Docket. 

The OPPT Docket is located in the EPA 

Docket Center (EPA/DC) at Rm. 3334, 

EPA West Bldg., 1301 Constitution Ave. 

NW., Washington, DC. The EPA/DC 

Public Reading Room hours of operation 

are 8:30 a.m. to 4:30 p.m., Monday 

through Friday, excluding legal 

holidays. The telephone number of the 

EPA/DC Public Reading Room is (202) 

566–1744, and the telephone number for 

the OPPT Docket is (202) 566–0280. For 

information or additional instructions 

about the docket or visiting the EPA/DC, 

please go to http://www.epa.gov/

dockets. 

FOR FURTHER INFORMATION CONTACT: For 

technical information contact: Tracey 

Klosterman, Chemical Control Division 

(7405M), Office of Pollution Prevention 

and Toxics, Environmental Protection 

Agency, 1200 Pennsylvania Ave. NW., 

Washington, DC 20460–0001; telephone 

number: (202) 564–2209; email address: 

klosterman.tracey@epa.gov. 

For general information contact: The 

TSCA-Hotline, ABVI-Goodwill, 422 

South Clinton Ave., Rochester, NY 

14620; telephone number: (202) 554– 

1404; email address: TSCA-Hotline@

epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Does this action apply to me? 

The Agency included in the final rule 

a list of those who may be potentially 

affected by this action. If you have 

questions regarding the applicability of 

this action to a particular entity, consult 

the technical person listed under FOR

FURTHER INFORMATION CONTACT. 

II. What does this technical amendment 

do? 

This technical amendment 

implements a technical correction that 

published in the Federal Register of 

March 7, 2012 (77 FR 13506) (FRL– 

9339–8), which removes a crossreference erroneously placed in 

§ 721.9719(a)(2)(ii) by a final rule that 

published in the Federal Register of 

February 8, 2012 (77 FR 6476) (FRL– 

9330–6). 

In order to remove the erroneous 

cross-reference before the effective date 

of the February 8, 2012 final rule, EPA 

published the final rule technical 

correction in the Federal Register of 

March 7, 2012. Subsequently, however, 

the Office of the Federal Register (OFR) 

determined that the placement of the 

correction text in that document did not 

satisfy OFR’s format requirements, and 

a second correction was necessary to 

effectuate the change in the Code of 

Federal Regulations (CFR). Since the 

February 8, 2012 final rule had become 

effective, the OFR instructed EPA to do 

this second correction as a technical 

amendment to the CFR. 

III. Why is this technical amendment 

issued as a final rule? 

Section 553 of the Administrative 

Procedure Act (APA), 5 U.S.C. 

553(b)(3)(B), provides that, when an 

Agency for good cause finds that notice 

and public procedure are impracticable, 

unnecessary or contrary to the public 

interest, the Agency may issue a final 

rule without providing notice and an 

opportunity for public comment. EPA 

has determined that there is good cause 

for making this technical amendment 

final without prior proposal and 

opportunity for comment, because 

notice and comment are unnecessary. 

The hazard communication requirement 

that is being removed was never 

intended to be included in the 

significant new use rule (SNUR), the 

PMN submitter who brought the error to 

EPA’s attention is familiar with the 

issue, and EPA is not aware of and does 

not expect there to be persons who 

would be adversely affected by the 

change as there are no companies 

making plans based on erroneous notice 

and no harm resulting from deleting the 

unnecessary requirement for a 

developmental effect warning. EPA 

finds that this constitutes good cause 

under 5 U.S.C. 553(b)(3)(B). 

IV. Do any of the Statutory and 

Executive Order reviews apply to this 

action? 

This technical amendment effectuates 

the March 7, 2012 technical correction 

to remove an erroneous cross-reference 

that was placed in § 721.9719(a)(2)(ii) 

when the final rule published in the 

Federal Register of February 8, 2012, 

modifying significant new uses of tris 

carbamoyl triazine. The February 8, 

2012 final rule addresses these 

requirements for that action (see Unit 

IX. of the preamble to that action). This 

technical amendment does not 

otherwise amend or impose any other 

requirements. 

As such, this technical amendment is 

not a ‘‘significant regulatory action’’ 

subject to review by the Office of 

Management and Budget (OMB) under 

Executive Order 12866, entitled 

Regulatory Planning and Review (58 FR 

51735, October 4, 1993), nor does this 

technical amendment contain any 

information collections subject to OMB 

approval under the Paperwork 

Reduction Act (44 U.S.C. 3501 et seq.) 

Because the Agency has made a ‘‘good 

cause’’ finding that this technical 

amendment is not subject to notice-andcomment requirements under the APA 

or any other statute (see Unit III. of this 

document), it is not subject to the 

regulatory flexibility provisions of the 

Regulatory Flexibility Act (RFA) (5 USC 

601 et seq.), or to sections 202 and 205 

of the Unfunded Mandates Reform Act 

(UMRA) (2 U.S.C. 1531 et seq.). Nor 

does this technical amendment 

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Federal Register / Vol. 77, No. 79 / Tuesday, April 24, 2012 / Rules and Regulations 24409 

significantly or uniquely affect small 

governments or impose a significant 

intergovernmental mandate, as 

described in sections 203 and 204 of 

UMRA. 

This technical amendment will not 

have substantial direct effects on the 

States, on the relationship between the 

national government and the States, or 

on the distribution of power and 

responsibilities among the various 

levels of government, as specified in 

Executive Order 13132, entitled 

Federalism (64 FR 43255, August 10, 

1999), nor will this technical 

amendment have any ‘‘tribal 

implications’’ as described in Executive 

Order 13175, entitled Consultation and 

Coordination with Indian Tribal 

Governments (65 FR 67249, November 

9, 2000). 

This technical amendment does not 

require any special considerations, OMB 

review or any Agency action under 

Executive Order 13045, entitled 

Protection of Children from 

Environmental Health Risks and Safety 

Risks (62 FR 19885, April 23, 1997). Nor 

will this technical amendment have any 

affect on energy supply, distribution or 

use as described in Executive Order 

13211, Actions Concerning Regulations 

That Significantly Affect Energy Supply, 

Distribution, or Use (66 FR 28355, May 

22, 2001). 

This technical amendment 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 (NTTAA) (15 U.S.C. 272 note). The 

technical amendment also does not 

involve special consideration of 

environmental justice related issues 

under Executive Order 12898, entitled 

Federal Actions to Address 

Environmental Justice in Minority 

Populations and Low-Income 

Populations (55 FR 7629, February 16, 

1994). 

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 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 721 

Environmental protection, Chemicals, 

Hazardous substances, Reporting and 

recordkeeping requirements. 

Dated: April 12, 2012. 

Ward Penberthy, 

Acting Director, Chemical Control Division, 

Office of Pollution Prevention and Toxics. 

Therefore, 40 CFR part 721 is 

corrected by making the following 

technical amendment: 

PART 721—[AMENDED] 

■ 1. The authority citation for part 721 

continues to read as follows: 

Authority: 15 U.S.C. 2604, 2607, and 

2625(c). 

■ 2. In § 721.9719, revise paragraph 

(a)(2)(ii) to read as follows: 

§ 721.9719 Tris carbamoyl triazine 

(generic). 

(a) * * * 

(2) * * * 

(ii) Hazard communication program. 

Requirements as specified in 

§ 721.72(a), (b), (c), (d), (e) 

(concentration set at 1.0 percent), (f), 

(g)(1)(ii), (g)(1)(iv), (g)(2)(ii), (g)(2)(iv), 

and (g)(5). 

* * * * * 

[FR Doc. 2012–9844 Filed 4–23–12; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Centers for Medicare & Medicaid 

Services 

42 CFR Parts 410, 411, 416, 419, 489, 

and 495 

[CMS–1525–CN2] 

RIN 0938–AQ26 

Medicare and Medicaid Programs: 

Hospital Outpatient Prospective 

Payment; Ambulatory Surgical Center 

Payment; Hospital Value-Based 

Purchasing Program; Physician SelfReferral; and Patient Notification 

Requirements in Provider Agreements; 

Corrections 

AGENCY: Centers for Medicare & 

Medicaid Services (CMS), HHS. 

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 

November 30, 2011, entitled ‘‘Medicare 

and Medicaid Programs: Hospital 

Outpatient Prospective Payment; 

Ambulatory Surgical Center Payment; 

Hospital Value-Based Purchasing 

Program; Physician Self-Referral; and 

Patient Notification Requirements in 

Provider Agreements’’ and in the 

correction notice published in the 

Federal Register on January 4, 2012, 

entitled ‘‘Medicare and Medicaid 

Programs: Hospital Outpatient 

Prospective Payment; Ambulatory 

Surgical Center Payment; Hospital 

Value-Based Purchasing Program; 

Physician Self-Referral; and Patient 

Notification Requirements in Provider 

Agreements; Corrections.’’ 

DATES: Effective date: This document is 

effective on April 24, 2012. 

Applicability Date: The corrections 

noted in this document and posted on 

the CMS Web site are applicable to 

payments on or after January 1, 2012. 

FOR FURTHER INFORMATION CONTACT: 

Erick Chuang, (410) 786–1816. 

SUPPLEMENTARY INFORMATION: 

I. Regulatory Overview 

In FR Doc. 2011–26812 of November 

30, 2011 (76 FR 74122) and FR Doc. 

2011–33751 of January 4, 2012 (77 FR 

217), there were a number of technical 

errors that are identified and corrected 

in the ‘‘Correction of Errors’’ section 

below. 

We issued the calendar year (CY) 

2012 hospital outpatient prospective 

payment system (OPPS)/ambulatory 

surgical center (ASC) final rule with 

comment period on November 1, 2011 

(hereinafter referred to as the CY 2012 

OPPS/ASC final rule with comment 

period). The CY 2012 OPPS/ASC final 

rule with comment period appeared in 

the November 30, 2011 Federal 

Register. 

We issued a correction notice for the 

CY 2012 OPPS/ASC final rule with 

comment period on December 30, 2011 

(hereinafter referred to as the CY 2012 

OPPS/ASC correction notice). The CY 

2012 OPPS/ASC correction notice 

appeared in the January 4, 2012 Federal 

Register. 

The provisions in this correction 

notice are effective as if they had been 

included in the CY 2012 OPPS/ASC 

final rule with comment period and in 

the CY 2012 OPPS/ASC correction 

notice. Accordingly, the corrections are 

effective January 1, 2012. 

II. Background 

In the CY 2012 OPPS/ASC final rule 

with comment period, we finalized a 

continuation of our policy to exclude 

line items that were eligible for payment 

in the claims year but did not meet the 

Medicare requirements for payment (76 

FR 74141). Line items not meeting 

requirements for Medicare payment 

were rejected or denied during claims 

processing. It is our longstanding policy 

not to use line items that were rejected 

or denied for payment for modeling 

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