Federal Register / Vol. 77, No. 193 / Thursday, October 4, 2012 / Rules and Regulations 60627 

In addition, this rule does not have 

tribal implications as specified by 

Executive Order 13175 (65 FR 67249, 

November 9, 2000), because the SIP is 

not approved to apply in Indian country 

located in the state, and EPA notes that 

it will not impose substantial direct 

costs on tribal governments or preempt 

tribal law. 

B. Submission to Congress and the 

Comptroller General 

The Congressional Review Act, 5 

U.S.C. 801 et seq., as added by the Small 

Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to each House of the 

Congress and to the Comptroller General 

of the United States. EPA will submit a 

report containing this action 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. A major rule 

cannot take effect until 60 days after it 

is published in the Federal Register. 

This action is not a ‘‘major rule’’ as 

defined by 5 U.S.C. 804(2). 

C. Petitions for Judicial Review 

Under section 307(b)(1) of the CAA, 

petitions for judicial review of this 

action must be filed in the United States 

Court of Appeals for the appropriate 

circuit by December 3, 2012. Filing a 

petition for reconsideration by the 

Administrator of this final rule does not 

affect the finality of this action for the 

purposes of judicial review nor does it 

extend the time within which a petition 

for judicial review may be filed, and 

shall not postpone the effectiveness of 

such rule or action. This action 

pertaining to the PM2.5 2002 base year 

emissions inventory portion of the 

Virginia SIP may not be challenged later 

in proceedings to enforce its 

requirements. (See section 307(b)(2).) 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Carbon monoxide, 

Incorporation by reference, Nitrogen 

dioxide, Particulate matter, Reporting 

and recordkeeping requirements, Sulfur 

oxides, Volatile organic compounds. 

Dated: September 13, 2012. 

W.C. Early, 

Acting Regional Administrator, Region III. 

40 CFR part 52 is amended as follows: 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 1. The authority citation for part 52 

continues to read as follows: 

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

Subpart VV—Virginia 

■ 2. In § 52.2420, the table in paragraph 

(e) is amended by adding at the end of 

the table an entry for ‘‘2002 Base Year 

Emissions Inventory for the 1997 fine 

particulate matter (PM2.5) standard’’ to 

read as follows: 

§ 52.2420 Identification of plan. 

* * * * * 

(e) * * * 

Name of non-regulatory SIP 

revision Applicable geographic area State submittal date EPA approval date Additional explanation 

*******

2002 Base Year Emissions Inventory for the 1997 fine particulate 

matter (PM2.5) standard.

Virginia portion of the Washington 

DC-MD-VA 1997 PM2.5 nonattainment area.

4/4/08 10/4/12 [Insert page number where 

the document begins].

§ 52.2425(f) 

■ 3. In § 52.2425, paragraph (f) is added 

to read as follows: 

§ 52.2425 Base Year Emissions Inventory. 

* * * * * 

(f) EPA approves as a revision to the 

Virginia State Implementation Plan the 

2002 base year emissions inventory for 

the Virginia portion of the Washington 

DC–MD–VA 1997 fine particulate matter 

(PM2.5) nonattainment area submitted by 

the Virginia Department of 

Environmental Quality on April 4, 2008. 

The 2002 base year emissions inventory 

includes emissions estimates that cover 

the general source categories of point 

sources, non-road mobile sources, area 

sources, on-road mobile sources, and 

biogenic sources. The pollutants that 

comprise the inventory are nitrogen 

oxides (NOX), volatile organic 

compounds (VOCs), PM2.5, coarse 

particles (PM10), ammonia (NH3), and 

sulfur dioxide (SO2). 

[FR Doc. 2012–24382 Filed 10–3–12; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R10–OAR–2010–0912; FRL–9722–2] 

Approval and Promulgation of State 

Implementation Plans: Oregon 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The EPA is approving a State 

Implementation Plan (SIP) revision 

submitted by the State of Oregon (the 

State). The submission addresses 

transportation conformity requirements. 

EPA is approving the submission in 

accordance with the requirements of the 

Clean Air Act (the Act). 

DATES: This action is effective on 

November 5, 2012. 

ADDRESSES: The EPA has established a 

docket for this action under Docket 

Identification Number: EPA–R10–OAR

2010–0912. All documents in the docket 

are listed on the http:// 

www.regulations.gov Web site. Although 

listed in the index, some information 

may not be publicly available, i.e., 

Confidential Business Information or 

other information whose disclosure is 

restricted by statute. Certain other 

material, such as copyrighted material, 

is not placed on the Internet and will be 

publicly available only in hard copy 

form. Publicly available docket 

materials are available either 

electronically in www.regulations.gov or 

in hard copy during normal business 

hours at EPA Region 10, Office of Air, 

Waste, and Toxics (AWT–107), 1200 

Sixth Avenue, Seattle, Washington 

98101. The EPA requests that you 

contact the person listed in the FOR

FURTHER INFORMATION CONTACT section to 

schedule your inspection. The Region 

Office’s official hours of business are 

Monday through Friday, 8:30 a.m. to 

4:30 p.m. excluding Federal Holidays. 

FOR FURTHER INFORMATION CONTACT: John 

Chi at telephone number: (206) 553– 

1230, or Claudia Vergnani Vaupel at 

telephone number: (206) 553–6121, 

email address: vaupel.claudia@epa.gov, 

fax number: (206) 553–0110, or the 

above EPA, Region 10 address. 


emcdonald on DSK67QTVN1PROD with RULES
60628 Federal Register / Vol. 77, No. 193 / Thursday, October 4, 2012 / Rules and Regulations 

1One comment was submitted that raised issues 

pertaining to critical habitat designations on private 

lands, which is not germane to this rulemaking. 

SUPPLEMENTARY INFORMATION: 

Throughout this document whenever 

‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean 

the EPA. Information is organized as 

follows: 

Table of Contents 

I. Background 

II. Final Action 

III. Statutory and Executive Order Reviews 

I. Background 

On June 1, 2012 (77 FR 32481), EPA 

proposed to approve a SIP revision that 

revises the State of Oregon’s (the State) 

transportation conformity criteria and 

procedures related to interagency 

consultation, and enforceability of 

certain transportation related control 

and mitigation measures. Transportation 

conformity is required under section 

176(c) of the Act to ensure that federally 

supported highway, transit projects, and 

other activities are consistent with 

(‘‘conform to’’) the purpose of the SIP. 

Transportation conformity currently 

applies to areas that are designated 

nonattainment, and to areas that have 

been redesignated to attainment after 

1990 (maintenance areas) with plans 

developed under section 175A of the 

Act, for the following transportation 

related criteria pollutants: Ozone, 

particulate matter (PM2.5 and PM10), 

carbon monoxide, and nitrogen dioxide. 

Oregon’s SIP revision updates the 

State’s transportation conformity 

provisions, Oregon Administrative 

Rules (OAR) Division 252, to be 

consistent with the Act as amended by 

the ‘‘Safe, Accountable, Flexible, 

Efficient Transportation Equity Act: A 

Legacy for Users’’ (SAFETEA–LU) and 

EPA regulations (40 CFR Part 93 and 40 

CFR 51.390). Oregon’s SIP revision also 

adds a provision that requires approval 

by the air quality agency in order for a 

Metropolitan Planning Organization 

(MPO) to shorten the timeframe of a 

conformity determination (OAR–340– 

252–0070). EPA has reviewed the 

submittal to assure consistency with the 

Act as amended by SAFETEA–LU and 

EPA regulations (40 CFR Part 93 and 40 

CFR 51.390) governing state procedures 

for transportation conformity and 

interagency consultation and has 

concluded that the submittal is 

approvable with the exception of two 

sentences providing an example in 

OAR–340–252–0070 for shortening the 

conformity timeframe. Details of our 

review are set forth in a technical 

support document (TSD), which has 

been included in the docket for this 

action. Specifically, in the TSD, the EPA 

identifies how the submitted 

procedures, as clarified by the State’s 

August 31, 2011, supplementary letter, 

satisfy the requirements under 40 CFR 

93.105 for interagency consultation with 

respect to the development of 

transportation plans and programs, SIPs, 

and conformity determinations, the 

resolution of conflicts, and the 

provision of adequate public 

consultation, and our requirements 

under 40 CFR 93.122(a)(4)(ii) and 

93.125(c) for enforceability of control 

measures and mitigation measures. 

No relevant adverse comment was 

received on the proposal and today EPA 

is taking final action to approve the 

proposed SIP amendments without 

change.1 EPA is, accordingly, taking 

final action to approve the SIP revision 

as discussed in EPA’s notice of 

proposed rulemaking. 

II. Final Action 

EPA is approving the SIP revision that 

was submitted by the State of Oregon on 

October 6, 2010, with the exception of 

an example in OAR–340–252–0070 for 

shortening the conformity timeframe as 

discussed in EPA’s notice of proposed 

rulemaking. EPA is also taking no action 

on OAR–340–200–0040 (Oregon Clean 

Air Act Implementation Plan), which 

was included in the State’s SIP 

submission, because this section merely 

describes the State’s procedures for 

adopting its SIP and incorporates by 

reference all of the revisions adopted by 

Oregon’s Environmental Quality 

commission for approval into the 

Oregon SIP (as a matter of state law). 

III. Statutory and Executive Order 

Reviews 

Under the Clean Air Act, the 

Administrator is required to approve a 

SIP submission that complies with the 

provisions of the Act and applicable 

Federal regulations. 42 U.S.C. 7410(k); 

40 CFR 52.02(a). Thus, in reviewing SIP 

submissions, EPA’s role is to approve 

state choices, provided that they meet 

the criteria of the Clean Air Act. 

Accordingly, this action merely 

approves state law as meeting Federal 

requirements and does not impose 

additional requirements beyond those 

imposed by state law. For that reason, 

this action: 

• Is not a ‘‘significant regulatory 

action’’ subject to review by the Office 

of Management and Budget under 

Executive Order 12866 (58 FR 51735, 

October 4, 1993); 

• Does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

U.S.C. 3501 et seq.); 

• Is certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.); 

• Does not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4); 

• Does not have Federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• Is not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

13045 (62 FR 19885, April 23, 1997); 

• Is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

• Is not subject to requirements of 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) because 

application of those requirements would 

be inconsistent with the Clean Air Act; 

and 

• Does not provide EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

In addition, this rule does not have 

tribal implications as specified by 

Executive Order 13175 (65 FR 67249, 

November 9, 2000), because the SIP is 

not approved to apply in Indian country 

located in the state, and EPA notes that 

it will not impose substantial direct 

costs on tribal governments or preempt 

tribal law. 

The Congressional Review Act, 5 

U.S.C. 801 et seq., as added by the Small 

Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to each House of the 

Congress and to the Comptroller General 

of the United States. EPA will submit a 

report containing this action 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. A major rule 

cannot take effect until 60 days after it 

is published in the Federal Register. 

This action is not a ‘‘major rule’’ as 

defined by 5 U.S.C. 804(2). 

Under section 307(b)(1) of the Clean 

Air Act, petitions for judicial review of 

this action must be filed in the United 

States Court of Appeals for the 

appropriate circuit by December 3, 


emcdonald on DSK67QTVN1PROD with RULES
Federal Register / Vol. 77, No. 193 / Thursday, October 4, 2012 / Rules and Regulations 60629 

2012. Filing a petition for 

reconsideration by the Administrator of 

this final rule does not affect the finality 

of this action for the purposes of judicial 

review nor does it extend the time 

within which a petition for judicial 

review may be filed, and shall not 

postpone the effectiveness of such rule 

or action. This action may not be 

challenged later in proceedings to 

enforce its requirements. (See section 

307(b)(2).) 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Carbon monoxide, 

Incorporation by reference, 

Intergovernmental relations, Lead, 

Nitrogen dioxide, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds. 

Dated: August 1, 2012. 

Dennis J. McLerran, 

Regional Administrator, Region 10. 

Part 52, chapter I, title 40 of the Code 

of Federal Regulations 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 MM—Oregon 

■ 2. Section 52.1970 is amended by 

adding paragraph (c)(139)(i)(C) to read 

as follows: 

§ 52.1970 Identification of plan. 

* * * * * 

(c) * * * 

(139) * * * 

(i) * * * 

(C) Based on a SIP revision submitted 

by Oregon on October 6, 2010, and later 

supplemented in a letter submitted by 

the state on August 31, 2011, the 

following provisions from Oregon’s 

Adminstrative Rules (OAR), Division 

252, ‘‘Transportation Conformity,’’ are 

removed from the SIP. 

(1) The following provisions, as 

effective October 14, 1999, are replaced 

by revised provisions effective March 5, 

2010, Rules 340: 252–0030, 252–0060, 

252–0070 (except the last two 

sentences), and 252–0230. 

(2) The following provisions, as 

effective October 14, 1999, are removed 

without replacement, Rules 340: 252– 

0020 (except paragraph (3)), 252–0040, 

252–0050 (except paragraphs (4) & 

(5)(b)), 252–0080, 252–0090, 252–0100 

(except paragraphs (3) through (6)), 252– 

0110, 252–0120, 252–0130, 252–0140, 

252–0150, 252–0160, 252–0170, 252– 

0180, 252–0190 (except paragraph (5)), 

252–0200 (except paragraph (6)(c)), 

252–0210 (except paragraph (1)(b)), 

252–0220 (except paragraphs (1)(a) & 

(2)), 252–0240, 252–0250 (except 

paragraph (2)), 252–0260, 252–0270, 

252–0280, and 252–0290. 

* * * * * 

[FR Doc. 2012–24376 Filed 10–3–12; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Centers for Medicare & Medicaid 

Services 

45 CFR Part 162 

[CMS–0040–CN] 

RIN 0938–AQ13 

Administrative Simplification: 

Adoption of a Standard for a Unique 

Health Plan Identifier; Addition to the 

National Provider Identifier 

Requirements; and a Change to the 

Compliance Date for the International 

Classification of Diseases, 10th Edition 

(ICD–10–CM and ICD–10–PCS) Medical 

Data Code Sets; Corrections 

AGENCY: Office of the Secretary, HHS. 

ACTION: Correction of final rule. 

SUMMARY: This document corrects 

technical errors in the final rule titled 

‘‘Administrative Simplification: 

Adoption of a Standard for a Unique 

Health Plan Identifier; Addition to the 

National Provider Identifier 

Requirements; and a Change to the 

Compliance Date for the International 

Classification of Diseases, 10th Edition 

(ICD–10–CM and ICD–10–PCS) Medical 

Data Code Sets’’ that appeared in the 

September 5, 2012 Federal Register. 

DATES: Effective Date: November 5, 

2012. 

FOR FURTHER INFORMATION CONTACT: Kari 

Gaare (410) 786–8612. 

SUPPLEMENTARY INFORMATION: 

I. Background 

In FR Doc. 2012–21238 of September 

5, 2012 (77 FR 54664), there were a 

number of technical errors that are 

identified and corrected in the 

Correction of Errors section. The 

provisions in this correction document 

are effective as if they had been 

included in the final rule published on 

September 5, 2012. Accordingly, the 

corrections are effective on November 5, 

2012. 

II. Summary of Errors 

A. Summary of Errors in the Preamble 

In FR Doc. 2012–21238 of September 

5, 2102, there were the following errors: 

On page 54674, in our discussion of 

the adoption of the International 

Organization for Standardization (ISO) 

Standard, we inadvertently 

mischaracterized a public comment. In 

the final rule, we used the phrase 

‘‘capacity but was concerned’’ instead of 

‘‘capacity and was concerned.’’ 

On page 54708, in our discussion of 

HPID savings, we referenced Table 14, 

which provides the cost in 2014 of a 1- 

year delay in the compliance date of 

ICD–10, rather than Table 10, which 

provides annual costs savings for 

providers from an increase in the 

volume of three electronic transactions 

due to the use of HPID. 

On page 54714, in our discussion of 

the net cost avoidance associated with 

a 1-year delay of ICD–10, we 

inadvertently referenced Table 17, 

which provides a summary of the cost 

avoidance and costs in 2014 of a 1-year 

delay in the compliance date of ICD–10 

rather than Table 18, which provides 

the cost avoidance less cost (net) of a 1- 

year delay in the compliance date of 

ICD–10. 

B. Summary of Errors in the Regulations 

Text 

On page 54719, in § 162.504, we made 

the following errors: 

• In paragraph (a), we inadvertently 

stated that the compliance date for 

covered entities to comply with the 

implementation specification in 

§ 162.510 is no later than November 5, 

2014 instead of November 7, 2016. 

• In paragraph (b)(1), we 

inadvertently omitted language 

describing the type of health plan 

subject to the regulatory requirement. 

• In paragraph (b)(2), we 

inadvertently stated that the compliance 

date for small health plans was no later 

than November 5, 2014 instead of 

November 5, 2015. 

On page 54679, in the HPID effective 

date and compliance requirements 

section of the September 5, 2012 final 

rule, we describe and discuss our final 

policy for HPID compliance. While we 

inadvertently inserted incorrect dates in 

the regulation text, the HPID effective 

date and compliance requirements are 

clearly stated in the preamble, as well 

as Chart 1 (see 77 FR 54679). The final 

policy, which is clearly reflected in the 

preamble discussion, is that health 

plans that are not small health plans 

must obtain HPIDs by November 5, 

2014. Small health plans must obtain 

HPIDs by November 5, 2015. All 


emcdonald on DSK67QTVN1PROD with RULES