Federal Register / Vol. 77, No. 201 / Wednesday, October 17, 2012 / Rules and Regulations 63751 

VI. Statutory and Executive Order 

Reviews 

This final rule establishes tolerances 

under FFDCA section 408(d) in 

response to a petition submitted to the 

Agency. 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 FFDCA section 408(d), such as 

the tolerance 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, 

nor does this action alter the 

relationships or distribution of power 

and responsibilities established by 

Congress in the preemption provisions 

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

the Agency 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, the Agency 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) (Public Law 104–4). 

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), Public Law 104–113, section 

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

VII. 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 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 180 

Environmental protection, 

Administrative practice and procedure, 

Agricultural commodities, Pesticides 

and pests, Reporting and recordkeeping 

requirements. 

Dated: October 4, 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 § 180.511 the table in paragraph 

(a) is amended as follows: 

■ i. Remove the entries for Almond; 

Fruit, pome, group 11; Okra; Pepper, 

nonbell and Vegetable, fruiting, group 8, 

except nonbell pepper; 

■ ii. Revising the entries for Llama and 

Loganberry to read Ilama and Logan 

respectively; and 

■ iii. Add alphabetically new entries. 

The revisions and additions read as 

follows: 

§ 180.511 Buprofezin; tolerances of 

residues. 

(a) * * * 

Commodity Parts per 

million 

* * * * * 

Bean, succulent .................. 0 .02 

* * * * * 

Brassica, leafy greens, subgroup 5B ......................... 60 

* * * * * 

Fruit, pome, group 11–10, 

except pear and pear, 

Asian ............................... 3 .0 

* * * * * 

Ilama ................................... 0 .30 

* * * * * 

Logan .................................. 0 .30 

* * * * * 

Nut, tree group 14 .............. 0 .05 

* * * * * 

Pear .................................... 6 .0 

Pear, Asian ......................... 6 .0 

Persimmon .......................... 1 .9 

* * * * * 

Tea1 .................................... 20 

Turnip, greens .................... 60 

* * * * * 

Vegetable, fruiting, group 

8–10 ................................ 2 .0 

* * * * * 

1There are no U.S. registrations at this 

time. 

* * * * * 

[FR Doc. 2012–25548 Filed 10–16–12; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Centers for Medicare & Medicaid 

Services 

42 CFR Parts 412 

[CMS–1588–F2] 

RIN 0938–AR12 

Medicare Program; Hospital Inpatient 

Prospective Payment Systems for 

Acute Care Hospitals and the LongTerm Care Hospital Prospective 

Payment System and Fiscal Year 2013 

Rates; Hospitals’ Resident Caps for 

Graduate Medical Education Payment 

Purposes; Quality Reporting 

Requirements for Specific Providers 

and for Ambulatory Surgical Centers; 

Correcting Amendment 

AGENCY: Centers for Medicare & 

Medicaid Services (CMS), HHS. 

ACTION: Final rule; correcting 

amendment. 


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63752 Federal Register / Vol. 77, No. 201 / Wednesday, October 17, 2012 / Rules and Regulations 

SUMMARY: This document corrects 

technical errors in the regulations text of 

the final rule that appeared in the 

August 31, 2012 Federal Register 

entitled ‘‘Medicare Program; Hospital 

Inpatient Prospective Payment Systems 

for Acute Care Hospitals and the LongTerm Care Hospital Prospective 

Payment System and Fiscal Year 2013 

Rates; Hospitals’ Resident Caps for 

Graduate Medical Education Payment 

Purposes; Quality Reporting 

Requirements for Specific Providers and 

for Ambulatory Surgical Centers’’ 

(hereinafter referred to as the FY 2013 

IPPS/LTCH PPS final rule). 

DATES: Effective Date: This correcting 

amendment is effective October 12, 

2012. 

Applicability Date: The provisions of 

this correcting amendment are 

applicable October 1, 2012. 

FOR FURTHER INFORMATION CONTACT: Tzvi 

Hefter, (410) 786–4487. 

SUPPLEMENTARY INFORMATION: 

I. Background and Summary of Errors 

In the FY 2013 Hospital Inpatient 

Prospective Payment Systems for Acute 

Care Hospitals and the Long-Term Care 

Hospital Prospective Payment System 

final rule (hereinafter referred to as the 

FY 2013 IPPS/LTCH PPS final rule) (FR 

Doc. 2012–19079 of August 31, 2012 (77 

FR 53258)), there were several 

typographical and technical errors in 

the regulations text that are identified 

and corrected in this correcting 

amendment. The provisions in this 

correcting amendment apply to longterm care hospital (LTCH) prospective 

payment system (PPS) payments. 

In finalizing the regulations text 

changes for the FY 2013 LTCH PPS 

provisions (77 FR 53680), we made the 

following errors: 

• In § 412.534(h)(6), we inadvertently 

omitted regulations text that specified 

our methodology for determining the 

percentage of discharges during a 

LTCH’s or satellite facility’s cost 

reporting period beginning on or after 

July 1, 2012 and before October 1, 2012 

that will not be counted towards the 25- 

percent threshold during such cost 

reporting period. 

• In § 412.536(a)(3)(i)— 

++ We inadvertently omitted 

regulations text that specified the 

discharges to which the 25-percent 

payment adjustment threshold policy 

applies for LTCHs with cost reporting 

periods beginning on or after July 1, 

2012 and before October 1, 2012; and 

++ We made an error in the 

timeframe during which the 25-percent 

payment adjustment threshold policy 

will not apply for certain LTCHs (that is, 

those LTCHs with a cost reporting 

period beginning on or after July 1, 2012 

and before October 1, 2012). 

• In § 412.536(a)(3)(ii), we made an 

error in citing the timeframe during 

which the 25-percent payment 

adjustment threshold policy is in effect 

for certain LTCHs (that is, those LTCHs 

with a cost reporting period beginning 

on or after July 1, 2012 and before 

October 1, 2012), as well as an error in 

the timeframe during which discharges 

occurring during such LTCHs’ cost 

reporting periods will not be counted 

towards the 25-percent threshold. 

We are correcting these regulations text 

errors to ensure that the regulations text 

reflects the finalized 25-percent 

payment adjustment threshold policy 

set forth in the preamble of the final rule 

(77 FR 53483 through 53486). 

II. Waiver of Proposed Rulemaking and 

Delay in the 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(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. 

We find that there is good cause to 

waive both the notice and comment and 

delayed effective date 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. 

We believe it is in the public interest for 

our regulation text to accurately reflect 

the policy on the 25-percent payment 

adjustment threshold which was 

adopted in the FY 2013 IPPS/LTCH PPS 

final rule. Therefore delaying the 

effective date of these corrections 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 the FY 2013 

IPPS/LTCH PPS final rule. As indicated 

previously, this correcting amendment 

corrects technical and typographical 

errors in the regulations text of the FY 

2013 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 amendment is 

intended to ensure that the regulations 

text accurately reflects the policies 

adopted in the FY 2013 IPPS/LTCH PPS 

final rule. Therefore, for the reasons set 

forth previously, we believe we have 

good cause to waive the notice and 

comment and effective date 

requirements. 

List of Subjects for 42 CFR Part 412 

Administrative practice and 

procedure, Health facilities, Medicare, 

Puerto Rico, Reporting and 

recordkeeping requirements. 

As noted in section I. of this 

correcting amendment, the Centers for 

Medicare & Medicaid Services is making 

the following correcting amendments to 

42 CFR part 412: 

PART 412—PROSPECTIVE PAYMENT 

SYSTEMS FOR INPATIENT HOSPITAL 

SERVICES 

■ 1. The authority citation for Part 412 

continues to read as follows: 

Authority: Secs. 1102 and 1871 of the 

Social Security Act (42 U.S.C. 1302 and 

1395hh), and sec. 124 of Pub. L. 106–113 

(113 Stat. 1501A–332). 

■ 2. Amend § 412.534 as follows: 

■ A. Redesignating paragraph (h)(6)(ii) 

as paragraph (h)(6)(iii). 

■ B. Adding a new paragraph (h)(6)(ii). 

The addition reads as follows: 

§ 412.534 Special payment provisions for 

long-term care hospitals within hospitals 

and satellites of long-term care hospitals. 

* * * * * 

(h) * * * 

(6) * * * 

(ii) In determining whether the 

percentage of discharges during a longterm care hospital’s or satellite facility’s 

cost reporting period beginning on or 

after July 1, 2012 and before October 1, 

2012 exceeds the 25-percent threshold, 

those discharges occurring on or after 

October 1, 2012 and before the 

beginning of the hospital’s or satellite 

facility’s next cost reporting period will 

not be counted towards that threshold. 

* * * * * 

§ 412.536 [Amend] 

■ 3. Amend § 412.536 as follows: 

■ A. Revising paragraph (a)(3)(i). 

■ B. In paragraph (a)(3)(ii)— 


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Federal Register / Vol. 77, No. 201 / Wednesday, October 17, 2012 / Rules and Regulations 63753 

(i) The phrase ‘‘before July 1, 2013’’ is 

removed and the phrase ‘‘before October 

1, 2012’’ is added in its place. 

(ii) The phrase ‘‘before October 1, 

2013,’’ is removed and the phrase 

‘‘before the beginning of the hospital’s 

next cost reporting period,’’ is added in 

is place. 

The revision reads as follows: 

§ 412.536 Special payment provisions for 

long-term care hospitals and satellites of 

long-term care hospitals that discharged 

Medicare patients admitted from a hospital 

not located in the same building or on the 

same campus as the long-term care 

hospital or satellite of the long-term care 

hospital. 

(a) * * * 

(3) * * * 

(i) Payments to long-term care 

hospitals described in paragraph 

(a)(1)(iv) of this section are determined 

using the methodology specified in 

either paragraph (b)(1) or paragraph 

(b)(2) of this section, for discharges 

occurring prior to October 1, 2012 

during the hospital’s cost reporting 

period beginning on or after July 1, 2012 

and before October 1, 2012. Such 

policies will not be applied to the 

discharges occurring on or after October 

1, 2012 and before the beginning of the 

hospital’s next cost reporting period. 

* * * * * 

(Catalog of Federal Domestic Assistance 

Program No. 93.773, Medicare—Hospital 

Insurance; and Program No. 93.774, 

Medicare—Supplementary Medical 

Insurance Program) 

Dated: October 10, 2012. 

Oliver Potts, 

Deputy Executive Secretary to the 

Department, Department of Health and 

Human Services. 

[FR Doc. 2012–25464 Filed 10–12–12; 4:15 pm] 

BILLING CODE 4120–01–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Federal Emergency Management 

Agency 

44 CFR Part 64 

[Docket ID FEMA–2012–0003; Internal 

Agency Docket No. FEMA–8251] 

Suspension of Community Eligibility 

AGENCY: Federal Emergency 

Management Agency, DHS. 

ACTION: Final rule. 

SUMMARY: This rule identifies 

communities where the sale of flood 

insurance has been authorized under 

the National Flood Insurance Program 

(NFIP) that are scheduled for 

suspension on the effective dates listed 

within this rule because of 

noncompliance with the floodplain 

management requirements of the 

program. If the Federal Emergency 

Management Agency (FEMA) receives 

documentation that the community has 

adopted the required floodplain 

management measures prior to the 

effective suspension date given in this 

rule, the suspension will not occur and 

a notice of this will be provided by 

publication in the Federal Register on a 

subsequent date. Also, information 

identifying the current participation 

status of a community can be obtained 

from FEMA’s Community Status Book 

(CSB). The CSB is available at http:// 

www.fema.gov/fema/csb.shtm. 

DATES: Effective Dates: The effective 

date of each community’s scheduled 

suspension is the third date (‘‘Susp.’’) 

listed in the third column of the 

following tables. 

FOR FURTHER INFORMATION CONTACT: If 

you want to determine whether a 

particular community was suspended 

on the suspension date or for further 

information, contact David Stearrett, 

Federal Insurance and Mitigation 

Administration, Federal Emergency 

Management Agency, 500 C Street SW., 

Washington, DC 20472, (202) 646–2953. 

SUPPLEMENTARY INFORMATION: The NFIP 

enables property owners to purchase 

Federal flood insurance that is not 

otherwise generally available from 

private insurers. In return, communities 

agree to adopt and administer local 

floodplain management measures aimed 

at protecting lives and new construction 

from future flooding. Section 1315 of 

the National Flood Insurance Act of 

1968, as amended, 42 U.S.C. 4022, 

prohibits the sale of NFIP flood 

insurance unless an appropriate public 

body adopts adequate floodplain 

management measures with effective 

enforcement measures. The 

communities listed in this document no 

longer meet that statutory requirement 

for compliance with program 

regulations, 44 CFR Part 59. 

Accordingly, the communities will be 

suspended on the effective date in the 

third column. As of that date, flood 

insurance will no longer be available in 

the community. We recognize that some 

of these communities may adopt and 

submit the required documentation of 

legally enforceable floodplain 

management measures after this rule is 

published but prior to the actual 

suspension date. These communities 

will not be suspended and will continue 

to be eligible for the sale of NFIP flood 

insurance. A notice withdrawing the 

suspension of such communities will be 

published in the Federal Register. 

In addition, FEMA publishes a Flood 

Insurance Rate Map (FIRM) that 

identifies the Special Flood Hazard 

Areas (SFHAs) in these communities. 

The date of the FIRM, if one has been 

published, is indicated in the fourth 

column of the table. No direct Federal 

financial assistance (except assistance 

pursuant to the Robert T. Stafford 

Disaster Relief and Emergency 

Assistance Act not in connection with a 

flood) may be provided for construction 

or acquisition of buildings in identified 

SFHAs for communities not 

participating in the NFIP and identified 

for more than a year on FEMA’s initial 

FIRM for the community as having 

flood-prone areas (section 202(a) of the 

Flood Disaster Protection Act of 1973, 

42 U.S.C. 4106(a), as amended). This 

prohibition against certain types of 

Federal assistance becomes effective for 

the communities listed on the date 

shown in the last column. The 

Administrator finds that notice and 

public comment procedures under 5 

U.S.C. 553(b), are impracticable and 

unnecessary because communities listed 

in this final rule have been adequately 

notified. 

Each community receives 6-month, 

90-day, and 30-day notification letters 

addressed to the Chief Executive Officer 

stating that the community will be 

suspended unless the required 

floodplain management measures are 

met prior to the effective suspension 

date. Since these notifications were 

made, this final rule may take effect 

within less than 30 days. 

National Environmental Policy Act. 

This rule is categorically excluded from 

the requirements of 44 CFR Part 10, 

Environmental Considerations. No 

environmental impact assessment has 

been prepared. 

Regulatory Flexibility Act. The 

Administrator has determined that this 

rule is exempt from the requirements of 

the Regulatory Flexibility Act because 

the National Flood Insurance Act of 

1968, as amended, Section 1315, 42 

U.S.C. 4022, prohibits flood insurance 

coverage unless an appropriate public 

body adopts adequate floodplain 

management measures with effective 

enforcement measures. The 

communities listed no longer comply 

with the statutory requirements, and 

after the effective date, flood insurance 

will no longer be available in the 

communities unless remedial action 

takes place. 

Regulatory Classification. This final 

rule is not a significant regulatory action 

under the criteria of section 3(f) of 


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