### 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


### 72985 Federal Register / Vol. 77, No. 236 / Friday, December 7, 2012 / Rules and Regulations

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