25412 Federal Register / Vol. 87, No. 83 / Friday, April 29, 2022 / Rules and Regulations 

1The four petitions are styled respectively as: 

Petition for Reconsideration of ‘‘Endangerment and 

Cause or Contribute Findings for Greenhouse Gases 

Under Section 202(A) of the Clean Air Act,’’ 

submitted on behalf of the Concerned Household 

Electricity Consumers Council (CHECC); Petition 

for Rulemaking on the Issue of Greenhouse Gases 

and Public Health and Welfare, submitted on behalf 

of the Competitive Enterprise Institute, the Science 

and Environmental Policy Project, and four 

individual members of the latter’s Board of 

Directors (CEI); Petition to Reopen and Reconsider 

‘‘Endangerment and Cause or Contribute Findings 

for Greenhouse Gases Under Section 202(a) of the 

Clean Air Act,’’ filed by the FAIR Energy 

Foundation (FAIR); and Petition to Reconsider 

Endangerment and Cause or Contribute Findings for 

Greenhouse Gases under Section 202(a) of the Clean 

Air Act, 74 FR. 66496 (December 15, 2009) Docket 

No. EPA–HQ–OAR–2009–0171; FRL–9091–8; RIN 

2060–ZA14 (‘‘Endangerment Finding’’) submitted 

by the Texas Public Policy Foundation on behalf of 

Liberty Packing Company LLC, Nuckles Oil Co., 

Inc. dba Merit Oil Company, Norman R. ‘‘Skip’’ 

Brown, Dalton Trucking Company, Inc., Loggers 

Association of Northern California, Construction 

Industry Air Quality Coalition, and Robinson 

Industries, Inc (TPP). 

2See ‘‘EPA’s Denial of Petitions Relating to the 

Endangerment and Cause or Contribute Findings for 

Greenhouse Gases Under Section 202(a) of the 

Clean Air Act.’’ 

WISCONSIN—2015 8-HOUR OZONE NAAQS 

[Primary and secondary] 

Designated area 1

Designation Classification 

Date 2 Type Date 2 Type 

*******

Door County-Revised (part) ......................................................... 4/29/2022 Attainment ............ Marginal (Rural 

Transport). 

The portion of Door County north of Sturgeon Bay Canal 

excluding Newport State Park. 

*******

* * * * * 

[FR Doc. 2022–08978 Filed 4–28–22; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Chapter I 

[EPA–HQ–OAR–2022–0129; FRL–9735–01– 

OAR] 

Endangerment and Cause or 

Contribute Findings for Greenhouse 

Gases Under Section 202(a) of the 

Clean Air Act; Final Action on Petitions 

AGENCY: Environmental Protection 

Agency. 

ACTION: Notice of final action denying 

petitions. 

SUMMARY: The Environmental Protection 

Agency (EPA) received four petitions for 

reconsideration, rulemaking, or 

reopening of the Endangerment and 

Cause or Contribute Findings for 

Greenhouse Gases under Section 202(a) 

of the Clean Air Act (CAA), published 

in the Federal Register on December 15, 

2009. The agency is providing 

notification of its action denying all four 

petitions. The basis for EPA’s action is 

set out fully in the accompanying 

decision document, available in the 

docket for this action. 

DATES: Effective April 29, 2022. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Jeremy Martinich, Environmental 

Protection Agency, Office of Air and 

Radiation, Office of Atmospheric 

Programs, Climate Change Division, 

(202) 343–9871, climatechange@

epa.gov. For additional information 

regarding this Notice, please go to the 

website https://www.epa.gov/climatechange/endangerment-and-cause-orcontribute-findings-greenhouse-gasesunder-section-202a. 

SUPPLEMENTARY INFORMATION: 

I. How can I get copies of this document 

and other related information? 

A copy of this Federal Register 

document, the petitions,1 the letters 

denying the four petitions and the 

decision document 2 describing the full 

basis for the denial of these petitions, 

and other materials related to this action 

are available in the docket for this 

action (Docket ID No. EPA–HQ–OAR– 

2022–0129). Publicly available docket 

materials are available electronically 

through www.regulations.gov. In 

addition, following signature, an 

electronic copy of this final action and 

the decision document will be available 

on the internet at https://www.epa.gov/ 

climate-change/2022-denial-petitionsreconsideration-rulemaking-orreopening-endangerment-and-cause. 

Due to the ongoing COVID–19 

pandemic, public access to the EPA 

Docket Center and Reading Room may 

be limited: Please check the website at 

https://www.epa.gov/dockets for the 

most up to date information on 

operating status. Our Docket Center staff 

will continue to provide remote 

customer service via email, phone, and 

webform. We encourage the public to 

obtain docket information via https://

www.regulations.gov/. For further 

information on EPA Docket Center 

services and the current status, please 

visit us online at https://www.epa.gov/ 

dockets. 

II. Judicial Review 

The decision to deny the four 

petitions is a final agency action for 

purposes of section 307(b)(1) of the 

CAA, which governs judicial review of 

final actions by the EPA. This action is 

not a rulemaking and is not subject to 

the various statutory and other 

provisions applicable to a rulemaking. 

Section 307(b)(1) provides, in part, 

that petitions for review must be filed in 

the United States Court of Appeals for 

the District of Columbia Circuit (D.C. 

Circuit): (i) When the agency action 

consists of ‘‘nationally applicable 

regulations promulgated, or final actions 

taken, by the Administrator,’’ or (ii) 

when such action is locally or regionally 

applicable, but ‘‘such action is based on 

a determination of nationwide scope or 

effect and if in taking such action the 

Administrator finds and publishes that 

such action is based on such a 

determination.’’ For locally or regionally 

applicable final actions, the CAA 

reserves to the EPA complete discretion 

whether to invoke the exception in (ii). 

This final action is ‘‘nationally 

applicable’’ within the meaning of CAA 

section 307(b)(1). In the alternative, to 

the extent a court finds this final action 

to be locally or regionally applicable, 

the Administrator is exercising the 

complete discretion afforded to him 

under the CAA to make and publish a 

finding that this action is based on a 

determination of ‘‘nationwide scope or 

effect’’ within the meaning of CAA 


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Federal Register / Vol. 87, No. 83 / Friday, April 29, 2022 / Rules and Regulations 25413 

3 In deciding whether to invoke the exception by 

making and publishing a finding that this final 

action is based on a determination of nationwide 

scope or effect, the Administrator has also taken 

into account a number of policy considerations, 

including his judgment balancing the benefit of 

obtaining the D.C. Circuit’s authoritative centralized 

review versus allowing development of the issue in 

other contexts and the best use of Agency resources. 

4 In the report on the 1977 Amendments that 

revised section 307(b)(1) of the CAA, Congress 

noted that the Administrator’s determination that 

the ‘‘nationwide scope or effect’’ exception applies 

would be appropriate for any action that has a 

scope or effect beyond a single judicial circuit. See 

H.R. Rep. No. 95–294 at 323, 324, reprinted in 1977 

U.S.C.C.A.N. 1402–03. 

section 307(b)(1).3 This action relates to 

the 2009 Endangerment and Cause or 

Contribute Findings for Greenhouse 

Gases under Section 202(a) of the Clean 

Air Act (‘‘2009 Endangerment 

Finding’’), which are nationally 

applicable, 74 FR 66496 (December 15, 

2009). The 2009 Endangerment Finding 

concerns risks from greenhouse gas 

pollution and contributions to such 

pollution that occur across the nation, 

and the result of the denial of these four 

petitions is that the existing nationally 

applicable 2009 Endangerment Finding 

remains in place and undisturbed. 

Further, both the 2009 Endangerment 

Finding and EPA’s previous denial of 

petitions for reconsideration of that 

Finding were previously reviewed by 

the D.C. Circuit, see Coal. for 

Responsible Regul., Inc. v. EPA, 684 

F.3d 102 (D.C. Cir. 2012) (per curiam) 

(subsequent history omitted). Moreover, 

the 2009 Endangerment Finding 

triggered EPA’s statutory duty to 

promulgate motor vehicle standards 

under section 202(a) of the CAA, for 

which judicial review is also only 

available in the D.C. Circuit and which 

have effects in more than one federal 

judicial circuit.4 For these reasons, this 

final action is nationally applicable or, 

alternatively, the Administrator is 

exercising the complete discretion 

afforded to him by the CAA and hereby 

finds that this final action is based on 

a determination of nationwide scope or 

effect for purposes of CAA section 

307(b)(1) and is hereby publishing that 

finding in the Federal Register. 

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 District of 

Columbia Circuit within 60 days from 

the date this final action is published in 

the Federal Register. 

Michael S. Regan, 

Administrator. 

[FR Doc. 2022–08925 Filed 4–28–22; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Centers for Medicare & Medicaid 

Services 

42 CFR Parts 410, 414, 488, and 493 

[CMS–3368–F] 

RIN 0938–AT83 

Medicare Program; Accrediting 

Organizations—Changes of Ownership 

AGENCY: Centers for Medicare & 

Medicaid Services (CMS), HHS. 

ACTION: Final rule. 

SUMMARY: This final rule adds new 

requirements and a specified process to 

address change of ownership (CHOW) 

for Accrediting Organizations (AOs) in 

regard to the transfer of the existing 

Centers for Medicare & Medicaid 

Services (CMS) approval for the AO’s 

accreditation programs to the new AO 

owner. These regulations are intended 

to provide CMS with the ability to 

receive notice when an AO is 

undergoing or negotiating a CHOW, as 

well as to review the prospective new 

AO owner’s capability to perform its 

tasks after a CHOW has occurred, in 

order to ensure the ongoing 

effectiveness of the transferred 

accreditation program(s) and to 

minimize risk to patient safety. 

DATES: This final rule is effective June 

28, 2022. 

FOR FURTHER INFORMATION CONTACT: 

Caroline Gallaher, (410) 786–8705. 

SUPPLEMENTARY INFORMATION: 

I. Background 

Medicare-certified providers and 

suppliers participate in the Medicare 

program by entering into a provider 

agreement with the Medicare program. 

Medicare-certified providers and 

suppliers include hospitals; ambulatory 

surgical centers (ASCs); skilled nursing 

facilities (SNFs; home health agencies 

(HHAs); hospice programs, rural health 

clinics (RHCs); critical access hospitals 

(CAHs); comprehensive outpatient 

rehabilitation facilities (CORFs); 

laboratories; clinics, rehabilitation 

agencies and public health agencies; 

and End Stage Renal Disease (ESRD) 

dialysis facilities.. To participate in the 

Medicare program, Medicare-certified 

providers and suppliers of health care 

services must among other things, be 

substantially in compliance with 

specified statutory requirements of the 

Social Security Act (the Act), as well as 

additional regulatory requirements 

related to, among other things, the 

health and safety of patients specified 

by the Secretary of the Department of 

Health and Human Services (the 

Secretary). These health and safety 

requirements are generally called 

conditions of participation (CoPs) for 

most providers, requirements for SNFs, 

conditions for coverage (CfCs) for ASCs 

and other suppliers, and conditions for 

certification for RHCs and FQHCs. A 

Medicare-certified provider or supplier 

that does not substantially comply with 

the applicable health and safety 

requirements risks having its Medicare 

provider agreement terminated. 

Section 1865(a) of the Act allows most 

types of Medicare-certified providers 

and suppliers to demonstrate 

compliance with the applicable health 

and safety requirements through 

accreditation by a Centers for Medicare 

& Medicaid Services (CMS)-approved 

accreditation program of a national 

accreditation body, known as an 

Accrediting Organization (AO). This is 

referred to as ‘‘deemed’’ accreditation, 

because, if an AO is recognized by the 

Secretary as having standards for 

accreditation that meet or exceed 

Medicare requirements, any provider or 

supplier accredited by that AO’s CMSapproved accreditation program is 

deemed by CMS to be complying with 

the applicable Medicare conditions or 

requirements. 

We are responsible for providing 

continued oversight of national AOs’ 

Medicare accreditation programs to 

ensure that providers or suppliers 

accredited by the AO meet the required 

quality and patient safety standards. We 

must ensure that the AOs have 

formalized procedures to determine 

whether the healthcare facilities deemed 

under their accreditation programs meet 

the AO’s accreditation standards (which 

must meet or exceed the applicable 

Medicare program requirements). We 

are also responsible for ensuring that the 

AO’s accreditation standards and 

practices for surveying providers and 

suppliers meet or exceed our standards 

and practices for granting approval. 

Additionally, while accreditation by 

an AO is generally voluntary on the part 

of Medicare-certified providers or 

suppliers, accreditation is mandated by 

statute for four supplier-types in order 

to receive payment from Medicare for 

the services furnished to Medicare 

beneficiaries. These four supplier types 

are Advanced Diagnostic Imaging (ADI) 

suppliers, Home Infusion Therapy (HIT) 

suppliers, Diabetic Self-Management 

Training (DSMT) entities, and Durable 

Medical Equipment, Prosthetics, 

Orthotics and Supplies (DMEPOS) 

suppliers. We describe these supplier 

types as ‘‘non-certified’’ because they 

are enrolled in the Medicare program 


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