72984 Federal Register / Vol. 77, No. 236 / Friday, December 7, 2012 / Rules and Regulations 

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). 

VII. 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: November 30, 2012. 

Lois Rossi, 

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 § 180.418, revise the introductory 

text of paragraph (a)(2) and 

alphabetically add the following 

commodities to the table in paragraph 

(a)(2) to read as follows: 

§ 180.418 Cypermethrin and an isomer 

zeta-cypermethrin; tolerances for residues. 

(a) * * * 

(2) Tolerances are established for 

residues of zeta-cypermethrin, (Scyano(3-phenoxyphenyl) methyl 

(±))(cis-trans 3-(2,2-dichloroethenyl)-2,2 

dimethylcyclopropanecarboxylate), 

including its metabolites and 

degradates, in or on the commodities in 

the following table. Compliance with 

the tolerance levels specified in the 

following table is to be determined by 

measuring only total cypermethrin, 

cyano(3-phenoxyphenyl)methyl 3-(2,2- 

dichloroethenyl)-2,2- 

dimethylcyclopropane carboxylate, in or 

on the commodity. 

Commodity Parts per 

million 

* * * * * 

Artichoke, globe ...................... 0 .60 

Avocado .................................. 0 .50 

Barley, grain ........................... 3 .0 

Barley, hay .............................. 6 .0 

Barley, straw ........................... 20 .0 

* * * * * 

Buckwheat, grain .................... 3 .0 

Buckwheat, hay ...................... 6 .0 

Buckwheat, straw ................... 20 .0 

* * * * * 

Canistel ................................... 0 .50 

* * * * * 

Mango ..................................... 0 .70 

* * * * * 

Oat, grain ................................ 3 .0 

Oat, hay .................................. 6 .0 

Oat, straw ............................... 20 .0 

* * * * * 

Papaya .................................... 0 .50 

* * * * * 

Pistachio ................................. 0 .05 

* * * * * 

Rye, grain ............................... 3 .0 

Rye, hay ................................. 6 .0 

Rye, straw ............................... 20 .0 

* * * * * 

Sapodilla ................................. 0 .50 

Sapote, black .......................... 0 .50 

Sapote, mamey ...................... 0 .50 

* * * * * 

Star apple ............................... 0 .50 

* * * * * 

* * * * * 

[FR Doc. 2012–29683 Filed 12–6–12; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[EPA–HQ–OPP–2011–0759; FRL–9371–3] 

Buprofezin Pesticide Tolerances; 

Technical Correction 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule; technical correction. 

SUMMARY: EPA issued a final rule in the 

Federal Register of Wednesday, October 

17, 2012, concerning buprofezin 

pesticide tolerances. This document 

corrects a typographical error. 

DATES: This final rule correction is 

effective December 7, 2012. 

ADDRESSES: The docket for this action, 

identified by docket identification (ID) 

number EPA–HQ–OPP–2011–0759, is 

available at http://www.regulations.gov 

or at the Office of Pesticide Programs 

Regulatory Public Docket (OPP Docket) 

in the Environmental Protection Agency 

Docket Center (EPA/DC), EPA West 

Bldg., Rm. 3334, 1301 Constitution Ave. 

NW., Washington, DC 20460–0001. The 

Public Reading Room is open from 8:30 

a.m. to 4:30 p.m., Monday through 

Friday, excluding legal holidays. The 

telephone number for the Public 

Reading Room is (202) 566–1744, and 

the telephone number for the OPP 

Docket is (703) 305–5805. Please review 

the visitor instructions and additional 

information about the docket available 

at http://www.epa.gov/dockets. 

FOR FURTHER INFORMATION CONTACT: 

Amaris Johnson, Registration Division 

(7505P), Office of Pesticide Programs, 

Environmental Protection Agency, 1200 

Pennsylvania Ave. NW., Washington, 

DC 20460–0001; telephone number: 

(703) 305–9542; email address: 

johnson.amaris@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. 

II. What does this technical correction 

do? 

The preamble for FR Doc. 2012–25548 

published in the Federal Register issue 

of Wednesday, October 17, 2012 (77 FR 

63745) (FRL–9364–9) is corrected as 

follows: On page 63750, third column, 

under Unit IV. D., Revisions to 

Petitoned-for Tolerances, in the second 

paragraph, correct the last word in the 

paragraph, which now reads ‘‘Logan’’ to 

read ‘‘Longan.’’ 

III. Why is this correction 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 correction 

final without prior proposal and 

opportunity for comment, because it is 


srobinson on DSK4SPTVN1PROD with 
Federal Register / Vol. 77, No. 236 / Friday, December 7, 2012 / Rules and Regulations 72985 

a typographical error only. 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 correction only revises 

the spelling of one commodity and does 

not otherwise change the original final 

rule. As a technical correction, this 

action is not subject to the statutory and 

executive order review requirements. 

For information about the statutory and 

executive order review requirements as 

they relate to the final rule, see Unit VI. 

in the Federal Register of October 17, 

2012 (77 FR 63745) (FRL–9364–9). 

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: November 30, 2012. 

Lois Rossi, 

Director, Registration Division, Office of 

Pesticide Programs. 

Therefore, 40 CFR part 180 is 

corrected 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 § 180.511, remove from the table 

in paragraph (a), the entry for ‘‘Logan’’ 

and add an entry for ‘‘Longan’’ to read 

as follows: 

§ 180.511 Buprofezin; tolerances for 

residues. 

(a) * * * 

Commodity Parts per 

million 

* * * * * 

Longan ........................................ 0.30 

* * * * * 

* * * * * 

[FR Doc. 2012–29680 Filed 12–6–12; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Centers for Medicare & Medicaid 

Services 

42 CFR Part 495 

[CMS–0046–IFC] 

RIN 0938–AR71 

Office of the Secretary 

45 CFR Part 170 

RIN 0991–AB89 

Health Information Technology: 

Revisions to the 2014 Edition 

Electronic Health Record Certification 

Criteria; and Medicare and Medicaid 

Programs; Revisions to the Electronic 

Health Record Incentive Program 

AGENCY: Office of the National 

Coordinator for Health Information 

Technology (ONC) and Centers for 

Medicare & Medicaid Services (CMS), 

Department of Health and Human 

Services. 

ACTION: Interim final rule with comment 

period. 

SUMMARY: The Department of Health and 

Human Services (HHS) is issuing this 

interim final rule with comment period 

to replace the Data Element Catalog 

(DEC) standard and the Quality 

Reporting Document Architecture 

(QRDA) Category III standard adopted in 

the final rule published on September 4, 

2012 in the Federal Register with 

updated versions of those standards. 

This interim final rule with comment 

period also revises the Medicare and 

Medicaid Electronic Health Record 

(EHR) Incentive Programs by adding an 

alternative measure for the Stage 2 

meaningful use (MU) objective for 

hospitals to provide structured 

electronic laboratory results to 

ambulatory providers, correcting the 

regulation text for the measures 

associated with the objective for 

hospitals to provide patients the ability 

to view online, download, and transmit 

information about a hospital admission, 

and making the case number threshold 

exemption for clinical quality measure 

(CQM) reporting applicable for eligible 

hospitals and critical access hospitals 

(CAHs) beginning with FY 2013. This 

rule also provides notice of CMS’s 

intention to issue technical corrections 

to the electronic specifications for 

CQMs released on October 25, 2012. 

DATES: Effective Date: This interim final 

rule with comment period is effective 

January 7, 2013. 

The incorporation by reference of 

certain publications listed in the rule is 

approved by the Director of the Federal 

Register as of January 7, 2013. 

Comment Date: To be assured 

consideration, written or electronic 

comments must be received at one of 

the addresses provided below, no later 

than 5 p.m. on February 5, 2013. 

ADDRESSES: Because of staff and 

resource limitations, we cannot accept 

comments by facsimile (FAX) 

transmission. You may submit 

comments, identified by RIN 0991– 

AB89 or RIN 0938–AR71, by any of the 

following methods (please do not 

submit duplicate comments). 

• Federal eRulemaking Portal: Follow 

the instructions for submitting 

comments. Attachments should be in 

Microsoft Word, Adobe PDF, or Excel; 

however, we prefer Microsoft Word. 

http://www.regulations.gov. 

• Regular, Express, or Overnight Mail: 

Department of Health and Human 

Services, Office of the National 

Coordinator for Health Information 

Technology, Attention: Steven Posnack, 

Hubert H. Humphrey Building, Suite 

729D, 200 Independence Ave. SW., 

Washington, DC 20201. Please submit 

one original and two copies. 

• Hand Delivery or Courier: Office of 

the National Coordinator for Health 

Information Technology, Attention: 

Steven Posnack, Hubert H. Humphrey 

Building, Suite 729D, 200 Independence 

Ave. SW., Washington, DC 20201. 

Please submit one original and two 

copies. (Because access to the interior of 

the Hubert H. Humphrey Building is not 

readily available to persons without 

federal government identification, 

commenters are encouraged to leave 

their comments in the mail drop slots 

located in the main lobby of the 

building.) 

Inspection of Public Comments: All 

comments received before the close of 

the comment period will be available for 

public inspection, including any 

personally identifiable or confidential 

business information that is included in 

a comment. Please do not include 

anything in your comment submission 

that you do not wish to share with the 

general public. Such information 

includes, but is not limited to: A 

person’s social security number; date of 

birth; driver’s license number; state 

identification number or foreign country 

equivalent; passport number; financial 

account number; credit or debit card 


srobinson on DSK4SPTVN1PROD with