Federal Register / Vol. 77, No. 241 / Friday, December 14, 2012 / Rules and Regulations 74381 

Dated: September 20, 2012. 

Jared Blumenfeld, 

Regional Administrator, Region IX. 

Therefore, 40 CFR chapter I is 

amended as follows: 

PART 52—[AMENDED] 

■ 1. The authority citation for part 52 

continues to read as follows: 

Authority: 42 U.S.C. 7401 et seq. 

Subpart F—California 

■ 2. Section 52.220 is amended by 

adding and reserving paragraph (c)(417) 

and adding paragraph (c)(418) to read as 

follows: 

§ 52.220 Identification of plan. 

* * * * * 

(c) * * * 

(417) [Reserved] 

(418) New and amended regulation 

for the following APCD was submitted 

on April 22, 2011, by the Governor’s 

Designee. 

(i) Incorporation by Reference 

(A) South Coast Air Quality 

Management District 

(1) Rule 317, ‘‘Clean Air Act NonAttainment Fees,’’ amended on 

February 4, 2011. 

[FR Doc. 2012–29385 Filed 12–13–12; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 82 

[EPA–HQ–OAR–2011–0111; FRL–9757–5] 

RIN 2060–AQ84 

Protection of Stratospheric Ozone: 

Listing of Substitutes for Ozone 

Depleting Substances—Fire 

Suppression and Explosion Protection 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Withdrawal in part of direct 

final rule. 

SUMMARY: On September 19, 2012, the 

Federal Register published a direct final 

rule and a companion proposed rule 

issuing listings for three fire 

suppressants under EPA’s Significant 

New Alternatives Policy program. 

Because EPA received adverse comment 

concerning C7 Fluoroketone, we are 

withdrawing that part of the direct final 

rule that listed C7 Fluoroketone 

acceptable subject to narrowed use 

limits as a substitute for halon 1211. 

Other listings in that direct final rule 

will take effect on December 18, 2012. 

DATES: Effective December 14, 2012, 

EPA withdraws the entire entry for 

‘‘Streaming: C7 Fluoroketone as a 

substitute for Halon 1211’’ in Appendix 

S to Subpart G of Part 82 in the direct 

final rule published at 77 FR 58035, 

September 19, 2012. 

FOR FURTHER INFORMATION CONTACT: 

Bella Maranion, Stratospheric 

Protection Division, Office of 

Atmospheric Programs; Environmental 

Protection Agency, Mail Code 6205J, 

1200 Pennsylvania Avenue NW., 

Washington DC 20460; telephone 

number (202) 343–9749, fax number, 

(202) 343–2338; email address at 

maranion.bella@epa.gov. The published 

versions of notices and rulemakings 

under the SNAP program are available 

on EPA’s Stratospheric Ozone Web site 

at http://www.epa.gov/ozone/snap/regs. 

SUPPLEMENTARY INFORMATION: On 

September 19, 2012, the Federal 

Register published a direct final rule 

and a companion proposed rule issuing 

listings for three fire suppressants under 

EPA’s Significant New Alternatives 

Policy program (77 FR 58035). Because 

EPA received adverse comment 

concerning C7 Fluoroketone, we are 

withdrawing that part of the direct final 

rule that listed C7 Fluoroketone. 

The listing would have found C7 

Fluoroketone acceptable subject to 

narrowed use limits, as a substitute for 

halon 1211 for use as a streaming agent 

in portable fire extinguishers in 

nonresidential applications. We stated 

in that direct final rule that if we 

received adverse comment by October 

19, 2012, that we would publish a 

timely withdrawal in the Federal 

Register. We subsequently received one 

adverse comment on that part of the 

direct final rule, but no comments on 

the other listings in the direct final rule. 

The other listings in that direct final 

rule, finding Powdered Aerosol F and 

Powdered Aerosol G acceptable subject 

to use conditions as substitutes for 

halon 1301 for use as a total flooding 

agent in normally unoccupied areas, 

will take effect on December 18, 2012. 

EPA intends to address the adverse 

comment concerning C7 Fluoroketone 

in a subsequent final action, which will 

be based on the parallel proposed rule 

published on September 19, 2012 (77 FR 

58081). As stated in the direct final rule 

and the parallel proposed rule, we will 

not institute a second comment period 

on this action. 

Dated: December 5, 2012. 

Gina McCarthy, 

Assistant Administrator, Office of Air and 

Radiation. 

Accordingly, the entire entry for 

‘‘Streaming: C7 Fluoroketone as a 

substitute for Halon 1211’’ in Appendix 

S to Subpart G of Part 82 in the direct 

final rule published on September 19, 

2012 (77 FR 58035) is withdrawn as of 

December 14, 2012. 

[FR Doc. 2012–29984 Filed 12–13–12; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Centers for Medicare & Medicaid 

Services 

42 CFR Parts 438, 441, and 447 

[CMS–2370–CN] 

RIN 0938–AQ63 

Medicaid Program; Payments for 

Services Furnished by Certain Primary 

Care Physicians and Charges for 

Vaccine Administration Under the 

Vaccines for Children Program; 

Correction 

AGENCY: Centers for Medicare & 

Medicaid Services (CMS), HHS. 

ACTION: Final rule; correction. 

SUMMARY: This document corrects 

technical errors that appeared in the 

final rule published in the November 6, 

2012 Federal Register entitled 

‘‘Medicaid Program; Payments for 

Services Furnished by Certain Primary 

Care Physicians and Charges for Vaccine 

Administration under the Vaccines for 

Children Program.’’ 

DATES: Effective Date: The provisions of 

this final rule are effective on January 1, 

2013. 

FOR FURTHER INFORMATION CONTACT: 

Mary Cieslicki, (410) 786–4576, or 

Linda Tavener, (410) 786–3838, for 

issues related to payments for primary 

care physicians. 

Mary Beth Hance, (410) 786–4299, for 

issues related to charges for the 

administration of pediatric vaccines. 

SUPPLEMENTARY INFORMATION: 

I. Background 

In FR Doc. 2012–26507 of November 

6, 2012 (77 FR 66670), there were a 

number of technical errors that are 

identified and corrected in the 

Correction of Errors section below. The 

provisions in this correction document 

are effective as if they had been 

included in the document published 

November 6, 2012. Accordingly, the 

corrections are effective January 1, 2013. 

II. Summary of Errors 

In the November 6, 2012 final rule (77 

FR 66670), we inadvertently published 

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74382 Federal Register / Vol. 77, No. 241 / Friday, December 14, 2012 / Rules and Regulations 

technical errors in § 447.400(a) and 

§ 447.405 listed on page 66701. One 

correction ensures consistency between 

two sentences in the same paragraph 

and the other restores text inadvertently 

omitted from the final rule that had 

been included in the May 11, 2012 

notice of proposed rulemaking (77 FR 

27671) on pages 26789–90. Thus, we are 

correcting page 66701 to reflect the 

correct information. 

III. Waiver of Proposed Rulemaking 

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 

policies expressed in final rule (77 FR 

66670) have been previously subjected 

to notice and comment procedures. This 

notice merely provides a technical 

correction to the final rule and does not 

make substantive changes to the policies 

or methodologies that were expressed in 

the final rule. One technical correction 

ensures consistency of two sentences of 

the same paragraph, and the other 

restores text that had been present in the 

notice of proposed rulemaking (77 FR 

27671) but inadvertently omitted from 

the final rule text. Therefore, we find it 

unnecessary to undertake further notice 

and comment procedures with respect 

to this correction notice and find good 

cause to waive notice and comment 

procedures and the 30-day delay in the 

effective date for this correction notice. 

IV. Correction of Errors 

In FR Doc. 2012–26507 of November 

6, 2012 (77 FR 66670), make the 

following corrections: 

1. On page 66701, in the first column; 

in the last full sentence, in the first 

partial paragraph, the sentence reads, 

‘‘A physician self-attests that he/she:’’. 

Correct the sentence to read, ‘‘Such 

physician then attests that he/she:’’. 

2. On the same page, in the same 

column; in the last full paragraph, 

paragraph (a) reads, ‘‘For CYs 2013 and 

2014, a state must pay for physician 

services described in § 447.400 based 

on:’’. Correct the sentence to read, ‘‘For 

CYs 2013 and 2014, a state must pay for 

physician services described in 

§ 447.400 based on the lower of:’’. 

(Catalog of Federal Domestic Assistance 

Program No. 93.773, Medicare—Hospital 

Insurance; and Program No. 93.774, 

Medicare—Supplementary Medical 

Insurance Program) 

Dated: December 3, 2012. 

Oliver Potts, 

Deputy Executive Secretary to the 

Department, Department of Health and 

Human Services. 

[FR Doc. 2012–29640 Filed 12–13–12; 8:45 am] 

BILLING CODE 4120–01–P 

DEPARTMENT OF ENERGY 

48 CFR Parts 908, 945, 952, and 970 

RIN 1991–AB86 

Acquisition Regulation: Department of 

Energy Acquisition Regulation, 

Government Property 

AGENCY: Department of Energy. 

ACTION: Final rule. 

SUMMARY: The Department of Energy 

(DOE) is amending the Department of 

Energy Acquisition Regulation (DEAR) 

to conform to the Federal Acquisition 

Regulation (FAR), remove out-of date 

government property coverage, and 

update references. This rule does not 

alter substantive rights or obligations 

under current law. 

DATES: Effective Date: January 14, 2013. 

FOR FURTHER INFORMATION CONTACT: 

Helene Abbott at (202) 287–1593 or via 

email: helene.abbott@hq.doe.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

II. Comment Resolution 

III. Section-by-Section Analysis 

IV. Procedural Requirements 

A. Review Under Executive Order 12866 

B. Review Under Executive Order 12988 

C. Review Under the Regulatory Flexibility 

Act 

D. Review Under the Paperwork Reduction 

Act 

E. Review Under the National 

Environmental Policy Act 

F. Review Under Executive Order 13132 

G. Review Under the Unfunded Mandates 

Reform Act of 1995 

H. Review Under the Treasury and General 

Government Appropriations Act, 1999 

I. Review Under Executive Order 13211 

J. Review Under the Treasury and General 

Government Appropriations Act, 2001 

K. Review Under the Small Business 

Regulatory Enforcement Fairness Act of 

1996 

L. Approval by the Office of the Secretary 

of Energy 

I. Background 

DOE is amending Parts 908, Required 

Sources of Supplies and Services, 945, 

Government Property, 952, Solicitation 

Provisions and Contract Clauses, and 

970, Management and Operating 

Contracts, to remove out-of-date 

coverage, to update references and to 

conform to the FAR. 

This final rule contains several 

administrative changes that will not 

substantially change the content of the 

regulation. Changes include adding 

correct citations; correcting office 

names; updating vehicle license tag 

ordering procedures; correcting the 

excess personal property screening 

timeframe; revising the contractor’s 

reporting of sensitive item listing; and 

retaining the definition of ‘‘Capital 

Equipment’’ which was included in the 

proposed rule for deletion. After further 

analysis, it is necessary to retain the 

‘‘Capital Equipment’’ definition for the 

purpose of this rule. In addition, during 

the review of the final rule, it was 

discovered that section 952.245–5 

referenced FAR 52.245–5 which is 

‘‘Reserved’’ under the FAR rewrite. 

II. Comment Resolution. 

This final rule follows a notice of 

proposed rulemaking published in the 

Federal Register on March 4, 2011, 76 

FR 11985. There were no comments 

received as a result of that proposed 

rulemaking. 

III. Section-by-Section Analysis 

DOE is amending the DEAR as 

follows: 

1. Section 908.1102 is amended by 

redesignating paragraph (a) (4) as 

908.1102–70 Vehicle leasing to conform 

to the FAR convention, and adding the 

phrase ‘‘All subsequent lease renewals 

or extensions may be exercised only 

when General Service Administration 

(GSA) has advised that it cannot furnish 

the vehicle(s) as prescribed herein.’’ 

2. Section 908.1104(f) is amended by 

removing ‘‘Federal Property 

Management Regulation (FPMR) 41 CFR 

101–38.6.’’ and adding in its place 

‘‘Federal Management Regulation (FMR) 

41 CFR 102–34.160, 102–34.175 and 

102–34.80’’ to provide the updated 

citation. 

3. Section 908.7101–2 (a) is amended 

by removing ‘‘FPMR 41 CFR 101– 

25.304, 101–26.501, and 101–38.13 and 

DOE–PMR 41 CFR 109–25.304, 109– 

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