Federal Register / Vol. 77, No. 205 / Tuesday, October 23, 2012 / Rules and Regulations 64755 

already received. In such case, there 

will be no additional opportunity to 

comment. 

List of Subjects in 40 CFR Part 300 

Environmental protection, Air 

pollution control, Chemicals, Hazardous 

waste, Hazardous substances, 

Intergovernmental relations, Penalties, 

Reporting and recordkeeping 

requirements, Superfund, Water 

pollution control, Water supply. 

Dated: September 19, 2012. 

Susan Hedman, 

Regional Administrator, U.S. EPA, Region 5. 

For the reasons set out in this 

document, 40 CFR part 300 is amended 

as follows: 

PART 300—[AMENDED] 

■ 1. The authority citation for part 300 

continues to read as follows: 

Authority: 33 U.S.C. 1321(c)(2); 42 U.S.C. 

9601–9657; E.O. 12777, 56 FR 54757, 3 CFR, 

1991 Comp., p. 351; E.O. 12580, 52 FR 2923; 

3 CFR, 1987 Comp., p. 193. 

Appendix B—[Amended] 

■ 2. In table 1 of Appendix B to part 

300, under Michigan ‘‘MI’’, the entry for 

‘‘Torch Lake’’, ‘‘Houghton County, 

Michigan’’ is revised to read as follows: 

Appendix B to Part 300—National 

Priorities List 

TABLE 1—GENERAL SUPERFUND SECTION

State Site name City/County (Notes) thnsp;a

*******

MI ............................................................ Torch Lake ............................................. Houghton ................................................ P 

* * * * * * * 

(a) A = Based on issuance of health advisory by Agency for Toxic Substances and Disease Registry (if scored, HRS score need not be >28.50). 

* * * * * * * 

P = Sites with partial deletion(s). 

[FR Doc. 2012–25968 Filed 10–22–12; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Centers for Medicare & Medicaid 

Services 

42 CFR Parts 412, 413, and 495 

[CMS–0044–CN2] 

RIN–0938–AQ84 

Medicare and Medicaid Programs; 

Electronic Health Record Incentive 

Program—Stage 2; Corrections 

AGENCY: Centers for Medicare & 

Medicaid Services (CMS), HHS. 

ACTION: Final rule; correction. 

SUMMARY: This document corrects 

technical errors and typographical 

errors in the final rule entitled 

‘‘Medicare and Medicaid Programs; 

Electronic Health Record Incentive 

Program—Stage 2’’ which appeared in 

the September 4, 2012 issue of the 

Federal Register. 

DATES: Effective Date: This document is 

effective on November 12, 2012, except 

that the correction to instruction 8.NN 

(77 FR 54149) is effective October 23, 

2012. 

FOR FURTHER INFORMATION CONTACT: 

Travis Broome, (214) 767–4450. 

SUPPLEMENTARY INFORMATION: 

I. Background 

In FR Doc. 2012–21050 of September 

4, 2012 (77 FR 53968), the final rule 

entitled ‘‘Medicare and Medicaid 

Programs; Electronic Health Record 

Incentive Program—Stage 2’’ there were 

a number of technical errors and 

typographical errors that are identified 

in the Summary of Errors section and 

corrected in the Correction of Errors 

section. 

II. Summary of Errors 

A. Summary of Errors in the Preamble 

On page 54041 in our response to a 

public comment regarding the 

meaningful use objective ‘‘provide 

structured electronic lab results to 

eligible professionals,’’ we inadvertently 

did not replace a placeholder ‘‘ONC 

reference once available’’ with the 

reference when it became available. 

On page 54051, in our discussion of 

the submission period for electronic 

submissions, we inadvertently omitted 

references to the applicable provider or 

supplier (that is, eligible professional 

(EP), eligible hospital, and critical 

access hospital) that has to meet the 

calendar year or fiscal year submission 

period requirements. Also on this page 

in the footnote following Table 5, we 

made errors in our description of the 

providers and suppliers that are in the 

first year of demonstrating meaningful 

use for purposes of avoiding a payment 

adjustment. 

On page 54052 in our response to 

public comments regarding the 

transition to electronic health record 

(EHR) technology certified to the 2014 

Edition EHR certification criteria, we 

inadvertently omitted certain CQMs that 

we included in the Stage 1 final rule but 

are not finalizing in the Stage 2 final 

rule for reporting beginning in CY 2014 

after consideration of the public 

comments. Also on this page, in another 

response to public comments regarding 

2011 Edition of EHR certification 

criteria, we made a grammatical error. 

On page 54053, we inadvertently 

omitted certain CQMs that would be 

excluded from an EP’s option of 

reporting in the Stage 1 final rule. 

On pages 54044, 54055, 54056, 54058, 

54068, 54079, 54081, and 54120, we 

made inadvertent errors in the 

numbering and referencing of several 

tables. 

On page 54056, we made inadvertent 

errors in specifying the providers and 

suppliers that would receive the annual 

fiscal or calendar year updates to the 

clinical quality measure (CQM) 

specifications. 

On pages 54069, 54072, and 54073, in 

Table 8—CQMs Finalized for Medicare 

and Medicaid EPs Beginning with CY 

2014, we made several typographical 

and technical errors in the titles/ 

descriptions of several CQMs. We also 

made typographical errors in 

referencing the footnotes for CQM 0418. 

B. Summary of Errors in the Regulations 

Text 

On page 54149, we made a technical 

error in an amendatory statement (NN) 


tkelley on DSK3SPTVN1PROD with RULES
64756 Federal Register / Vol. 77, No. 205 / Tuesday, October 23, 2012 / Rules and Regulations 

for § 495.6. In the amendatory 

statement, we erroneously stated that 

we were adding paragraphs (f)(1)(ii)(B) 

and (C) instead of stating that we were 

adding paragraph (f)(1)(ii)(B). 

On pages 54155 and 54157, we made 

technical errors by omitting qualifying 

language in § 495.6(l)(6)(ii) and 

§ 495.6(m)(4)(ii). 

On page 54153 (in 

§ 495.6(j)(14)(ii)(C)(1)), we made a 

typographical error in the regulatory 

citation. 

III. Waiver of Proposed Rulemaking 

and Delay in 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. 

In our view, this correcting document 

does not constitute a rulemaking that 

would be subject to the APA notice and 

comment or delayed effective date 

requirements. This correcting document 

corrects technical and typographical 

errors in the preamble and regulations 

text of the September 4, 2012 final rule 

and does not make substantive changes 

to the policies that were adopted. As a 

result, this correcting document is 

intended to ensure that the final rule 

accurately reflects the policies adopted 

in that rule. 

In addition, even if this were a 

rulemaking to which the notice and 

comment and delayed effective date 

requirements applied, we find that there 

is good cause to waive such 

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. Furthermore, such 

procedures would be unnecessary, as 

we are not altering the policies that 

were already subject to comment and 

finalized in our final rule. Therefore, we 

believe we have good cause to waive the 

notice and comment and effective date 

requirements. 

IV. Correction of Errors 

In FR Doc. 2012–21050 of September 

4, 2012 (77 FR 53968), make the 

following corrections: 

A. Correction of Errors in the Preamble 

1. On page 54041, second column, 

third paragraph, line 17, the phrase 

‘‘criteria at (ONC reference once 

available)’’ is corrected to read ‘‘criteria 

at 45 CFR 170.314(b)(6)’’. 

2. On page 54044, lower half of the 

page, in the table heading for Table B5— 

Stage 2 Objectives and Measures, the 

table number ‘‘Table B5’’ is corrected to 

read ‘‘Table 4A’’. 

3. On page 54051— 

a. Top quarter of the page, second 

column, first full paragraph, line 4, the 

phrase ‘‘CY or FY respectively.’’ is 

corrected to read ‘‘CY or FY for EPs, 

eligible hospitals, and CAHs, 

respectively.’’. 

b. Second quarter of the page, in Table 

5 Reporting and Submission Periods for 

EPs, Eligible Hospitals and CAHs in 

Their First Year of Meaningful Use 

Submitting CQMs Via Attestation 

Beginning With CY/FY 2014, the 

footnote following the table, line 1, the 

phrase ‘‘Medicare EPs and eligible 

hospitals’’ is corrected to read ‘‘EPs, 

eligible hospitals, and CAHs in the 

Medicare EHR Incentive Program’’. 

4. On page 54052, third column— 

a. First partial paragraph, line 1, the 

phrase ‘‘0013, 0027, 0084).’’ is corrected 

to read ‘‘0013, 0027, 0084) as well as 9 

CQMs that we included in the Stage 1 

final rule but are not finalizing in this 

Stage 2 final rule for reporting beginning 

in CY 2014 (NQF 0001, 0012, 0014, 

0047, 0061, 0067, 0073, 0074, 0575)).’’. 

b. Last paragraph, lines 2 and 3, the 

phrase ‘‘EHR technology should based’’ 

is corrected to read ‘‘EHR technology 

should be based’’. 

5. On page 54053, first column, last 

bulleted paragraph, line 9, the phrase 

‘‘reporting NQF 0013, 0027, 0084’’ is 

corrected to read ‘‘reporting NQF 0013, 

0027, 0084, 0001, 0012, 0014, 0047, 

0061, 0067, 0073, 0074, 0575’’. 

6. On page 54055, first column, first 

full paragraph, lines 22 and 23, the 

phrase ‘‘MAP in Tables 7 (EPs) and 8 

(eligible hospitals and CAHs)’’ is 

corrected to read ‘‘MAP in Tables 8 

(EPs) (77 FR 13749 through 13757 and 

9 (eligible hospitals and CAHs) (77 FR 

13760 through 13763)’’. 

7. On page 54056, second column, 

fourth full paragraph— 

a. Line 7, the phrase ‘‘FY/CY for 

hospitals and EPs respectively.’’ is 

corrected to read ‘‘FY and CY for 

eligible hospitals and CAHs, and EPs, 

respectively.’’. 

b. Line 29, the reference ‘‘Table 7’’ is 

corrected to read ‘‘Table 8’’. 

c. Line 32, the reference ‘‘Table 8’’ is 

corrected to read ‘‘Table 10’’. 

8. On page 54058— 

a. Second column, fourth full 

paragraph, line 4, the reference ‘‘Table 

7’’ is corrected to read ‘‘Table 8’’. 

b. Third column, first partial 

paragraph, line 2, the reference ‘‘Table 

7’’ is corrected to read ‘‘Table 8’’. 

9. On page 54068, 

a. First column, first full paragraph— 

(1) Line 5, the reference ‘‘Table 7’’ is 

corrected to read ‘‘Table 8’’. 

(2) Line 7, the reference ‘‘Table 7’’ is 

corrected to read ‘‘Table 8 ‘‘. 

(b) First column, second full 

paragraph, line 3, ‘‘Table 7’’ is corrected 

to read ‘‘Table 8’’. 

c. Third column, first full paragraph, 

line 3, the reference ‘‘Table 7’’ is 

corrected to read ‘‘Table 8’’. 

10. On pages 54069 through 54075, in 

Table 8—CQMs Finalized for Medicare 

and Medicaid EPs Beginning with CY 

2014, we make the following 

corrections: 

a. Column 2 (CQM title and 

description) is corrected for the 

following entries: 


tkelley on DSK3SPTVN1PROD with RULES
Federal Register / Vol. 77, No. 205 / Tuesday, October 23, 2012 / Rules and Regulations 64757 

CQM No. CQM title & description Measure steward & 

contact information 

Other quality 

measure programs 

that use the same 

CQM *** 

New CQM Domain 

NQF 0018 * .......... Title: Controlling High Blood 

Pressure.

Description: Percentage of patients 18-85 years of age 

who had a diagnosis of hypertension and whose blood 

pressure was adequately 

controlled (<140/90mmHg) 

during the measurement period.

NCQA ................................

Contact Information: 

www.ncqa.org. 

EHR PQRS, ACO, 

Group Reporting 

PQRS, UDS.

................. Clinical Process/Effectiveness. 

NQF 0385 ............ Title: Colon Cancer: Chemotherapy for AJCC Stage III 

Colon Cancer Patients.

Description: Percentage of patients aged 18 through 80 

years with AJCC Stage III 

colon cancer who are referred for adjuvant chemotherapy, prescribed adjuvant 

chemotherapy, or have previously received adjuvant 

chemotherapy within the 

12-month reporting period.

AMA–PCPI ........................

Contact Information: 

cpe@ama-assn.org; 

American Society of 

Clinical Oncology 

(ASCO): www.asco.org; 

National Comprehensive 

Cancer Network 

(NCCN): www.nccn.org. 

EHR PQRS ............... ................. Clinical Process/Effectiveness. 

NQF 0403 ............ Title: HIV/AIDS: Medical Visit

Description: Percentage of patients, regardless of age, 

with a diagnosis of HIV/ 

AIDS with at least two medical visits during the measurement year with a minimum of 90 days between 

each visit.

AMA–PCPI ........................

Contact Information: 

cpe@ama-assn.org; 

NCQA 

Contact Information: 

www.ncqa.org. 

................................... New ......... Clinical Process/Effectiveness. 

TBD (proposed as 

NQF 0407).

Title: HIV/AIDS: RNA control 

for Patients with HIV.

Description: Percentage of patients aged 13 years and 

older with a diagnosis of 

HIV/AIDS, with at least two 

visits during the measurement year, with at least 90 

days between each visit, 

whose most recent HIV 

RNA level is <200 copies/ 

mL.

NCQA ................................

Contact Information: 

www.ncqa.org. 

PQRS ....................... New ......... Clinical Process/Effectiveness. 

NQF 0421 * .......... Title: Preventive Care and 

Screening: Body Mass 

Index (BMI) Screening and 

Follow-Up.

Description: Percentage of patients aged 18 years and 

older with an encounter during the reporting period with 

a documented calculated 

BMI during the encounter or 

during the previous six 

months AND when the BMI 

is outside of normal parameters, follow-up plan is documented during the encounter or during the previous 6 

months of the encounter 

with the BMI outside of normal parameters.

Centers for Medicare and 

Medicaid Services 

(CMS), 1–888–734– 

6433 or http://questions.cms.hhs.gov/app/ 

ask/p/21,26,1139; 

QIP 

Contact Information: 

www.usqualitymeasures.org. 

EHR PQRS, ACO, 

Group Reporting 

PQRS, UDS.

................. Population/Public 

Health. 

Normal Parameters: Age 65 

years and older BMI ≥ 23 

and < 30.

Age 18-64 years BMI ≥ 18.5 

and < 25.


tkelley on DSK3SPTVN1PROD with RULES
64758 Federal Register / Vol. 77, No. 205 / Tuesday, October 23, 2012 / Rules and Regulations 

b. Column 1 (CQM number) is 

corrected for the following entry: 

CQM No. CQM title & description Measure steward & 

contact information 

Other quality 

measure programs 

that use the same 

CQM*** 

New CQM Domain 

NQF 0418* and ** Title: Preventive Care and 

Screening: Screening for 

Clinical Depression and Follow-Up Plan.

Description: Percentage of patients aged 12 years and 

older screened for clinical 

depression on the date of 

the encounter using an age 

appropriate standardized 

depression screening tool 

AND if positive, a follow-up 

plan is documented on the 

date of the positive screen.

Centers for Medicare and 

Medicaid Services 

(CMS), 1–888–734– 

6433 or http://questions.cms.hhs.gov/app/ 

ask/p/21,26,1139; 

Quality Insights of Pennsylvania (QIP) 

Contact Information: 

www.usqualitymeasures.org.

EHR PQRS, ACO, 

Group Reporting 

PQRS.

New ......... Population/Public 

Health. 

11. On page 54079, in the third 

column, second full paragraph— 

a. Line 3, the reference ‘‘Table 8’’ is 

corrected to read ‘‘Table 10’’. 

b. Line 24, the reference ‘‘Table 8’’is 

corrected to read ‘‘Table 10’’. 

12. On page 54081, first column, 

second full paragraph, line 2, the 

reference ‘‘Table 8’’ is corrected to read 

‘‘Table 10’’. 

13. On page 54120, middle of the 

page, in the table heading Table E1— 

Determination of Net Average Allowable 

Costs for the First Payment Year, the 

table number ‘‘Table E1’’ is corrected to 

read ‘‘Table 19A’’. 

B. Correction of Errors in the 

Regulations Text 

§ 495.6 [Corrected] 

1. On page 54149, third column, lines 

60 and 61, the sentence ‘‘NN. Adding 

paragraphs (f)(1)(ii)(B) and (C).’’ is 

corrected to read ‘‘NN. Adding 

paragraph (f)(1)(ii)(B).’’ 

2. On page 54153, third column, 

fourth full paragraph 

(§ 495.6(j)(14)(ii)(C)(1)), line 10, the 

reference ‘‘CFR 107.314(b)(2)’’ is 

corrected to read ‘‘CFR 170.314(b)(2)’’. 

3. On page 54155, second column, 

14th paragraph (§ 495.6(l)(6)(ii)), line 1, 

the phrase ‘‘More than 55 percent of’’ is 

corrected to read ‘‘Subject to paragraph 

(c) of this section, more than 55 percent 

of’’. 

3. On page 54157, first column, 

seventh paragraph (§ 495.6(m)(4)(ii)), 

line 1, the phrase ‘‘More than 10 percent 

of’’ is corrected to read ‘‘Subject to 

paragraph (c) of this section, more than 

10 percent of’’. 

(Catalog of Federal Domestic Assistance 

Program No. 93.778, Medical Assistance 

Program) 

(Catalog of Federal Domestic Assistance 

Program No. 93.773, Medicare—Hospital 

Insurance; and Program No. 93.774, 

Medicare—Supplementary Medical 

Insurance Program) 

Dated: October 16, 2012. 

Oliver Potts, 

Deputy Executive Secretary to the 

Department, Department of Health and 

Human Services. 

[FR Doc. 2012–25975 Filed 10–22–12; 8:45 am] 

BILLING CODE 4120–01–P 

FEDERAL MARITIME COMMISSION 

46 CFR Part 502 

[Docket No. 11–05] 

RIN 3072–AC43 

Amendments to Commission’s Rules 

of Practice and Procedure—Subparts E 

and L; Correction 

AGENCY: Federal Maritime Commission. 

ACTION: Final rule; correction. 

SUMMARY: The Federal Maritime 

Commission (Commission) is correcting 

a final rule that appeared in the Federal 

Register of October 10, 2012 (77 FR 

61519). The final rule revises the 

Commission’s rules of practice and 

procedure to update and clarify the 

rules and to reduce the burden on 

parties to proceedings before the 

Commission. This document corrects 

errors in the final rule. 

DATES: Effective: November 12, 2012. 

FOR FURTHER INFORMATION CONTACT: 

Karen V. Gregory, Secretary, Federal 

Maritime Commission, 800 North 

Capitol Street NW., Washington, DC 

20573–0001, Phone: (202) 523–5725, 

Email: secretary@fmc.gov. 

SUPPLEMENTARY INFORMATION: In the 

final rule for the Commission’s Rules of 

Practice and Procedure (Commission 

Docket No. 11–05) appearing on page 

61519 in the Federal Register of 

Wednesday, October 10, 2012, the 

following corrections are made: 

§ 502.62 [Corrected] 

1. On page 61524, in the third 

column, in § 502.62(a)(3)(iii), remove ‘‘; 

and’’ at the end of the paragraph and 

add in its place ‘‘, and a statement 

showing that the complainant is entitled 

to relief;’’ 

2. In paragraph (a)(3)(iv), remove a 

period at the end of the paragraph and 

add in its place ‘‘; and’’ 

3. On page 61525, in the first column, 

in paragraph (b)(2)(iii), remove ‘‘, and a 

statement showing that the complainant 

is entitled to relief;’’ at the end of the 

paragraph and add in its place ‘‘; and’’ 

4. In paragraph (b)(2)(iv), remove ‘‘; 

and’’ at the end of the paragraph and 

add in its place a period. 

Karen V. Gregory, 

Secretary. 

[FR Doc. 2012–26007 Filed 10–22–12; 8:45 am] 

BILLING CODE 6730–01–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 73 

[MB Docket No. 12–177; RM–11665; DA 12– 

1554] 

Radio Broadcasting Services; 

Randsburg, CA 

AGENCY: Federal Communications 

Commission. 

ACTION: Final rule. 


tkelley on DSK3SPTVN1PROD with RULES