56998 Federal Register / Vol. 73, No. 191 / Wednesday, October 1, 2008 / Rules and Regulations 

and information, there is a reasonable 

certainty that the use of Aspergillus 

flavus NRRL 21882 on field, sweet and 

pop corn will not cause harm to the U.S. 

adult, children and infant populations 

via dietary, aggregate and cumulative 

exposure. Thus, an exemption from the 

requirement of a tolerance on field, 

sweet and pop corn is being granted. 

IX. Statutory and Executive Order 

Reviews 

This final rule establishes a tolerance 

under section 408(d) of FFDCA 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 section 408(d) of FFDCA, 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 section 408(n)(4) of FFDCA. 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). 

X. 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: September 19, 2008. 

Janet L. Andersen, 

Director, Biopesticides and Pollution 

Prevention 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. Section 180.1254 is amended by 

revising paragraph (b) to read as follows: 

§ 180.1254 Aspergillus flavus NRRL 21882; 

exemption from requirement of a tolerance. 

*****

(b) An exemption from the 

requirement of a tolerance is established 

for residues of Aspergillus flavus NRRL 

21882 on corn, field, forage; corn, field, 

grain; corn, field, stover; corn, field, 

aspirated grain fractions; corn, sweet, 

kernel plus cob with husk removed; 

corn, sweet, forage; corn, sweet, stover; 

corn, pop, grain; and corn, pop, stover. 

[FR Doc. E8–22957 Filed 9–30–08; 8:45 am] 

BILLING CODE 6560–50–S 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Centers for Medicare & Medicaid 

Services 

[CMS–1534–CN] 

42 CFR Part 413 

RIN 0938–AP11 

Medicare Program; Prospective 

Payment System and Consolidated 

Billing for Skilled Nursing Facilities; 

Correction 

AGENCY: Centers for Medicare & 

Medicaid Services (CMS), HHS. 

ACTION: Final rule; correction. 

SUMMARY: This document corrects 

technical errors that appeared in the 

August 8, 2008 Federal Register 

entitled, ‘‘Medicare Program; 

Prospective Payment System and 

Consolidated Billing for Skilled Nursing 

Facilities for FY 2009.’’ 

DATES: Effective Date: This correction is 

effective October 1, 2008. 

FOR FURTHER INFORMATION CONTACT: Bill 

Ullman, (410) 786–5667. 

SUPPLEMENTARY INFORMATION: 

I. Background 

In FR Doc. E8–17948 of August 8, 

2008 (73 FR 46416), there were two 

technical errors that this notice serves to 

identify and correct. The corrections in 

this correction notice are effective as if 

they had been included in the document 

published on August 8, 2008. 

Accordingly, the corrections are 

effective October 1, 2008. 

II. Summary of Errors 

On page 46430 of the August 8, 2008 

final rule, we are correcting the title of 

Table 10. This table illustrates the 

skilled nursing facility (SNF) 

prospective payment system (PPS) 

payment rate computations for a 

hypothetical ‘‘XYZ’’ SNF located in 

Cedar Rapids, IA. In the table’s title, the 

wage index value for Cedar Rapids, IA 

is incorrectly identified as 0.8924. 

Accordingly, in section III of this 

document (‘‘Correction of Errors’’), we 

are correcting the wage index value in 

the title of Table 10 to reflect the correct 

wage index value of 0.8919. We note 


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Federal Register / Vol. 73, No. 191 / Wednesday, October 1, 2008 / Rules and Regulations 56999 

that the entries for this value that appear 

in the ‘‘wage index’’ column of the table 

itself, as well as the corresponding entry 

for CBSA 16300 in Table 8 (‘‘FY 2009 

Wage Index for Urban Areas Based on 

CBSA Labor Market Areas,’’ which 

appeared as an addendum to the August 

8, 2008 final rule), both correctly reflect 

this value as 0.8919. 

In addition, in the addendum to the 

August 8, 2008 final rule, we are 

revising an entry in Table 9 (‘‘FY 2009 

Wage Index Based on CBSA Labor 

Market Areas for Rural Areas’’) in order 

to correct a technical error made to the 

wage data for one inpatient hospital 

provider in rural New Hampshire. We 

are revising the wage index value 

displayed in Table 9 for rural New 

Hampshire from ‘‘1.0182’’ to the 

corrected value of ‘‘1.0219’’. Since this 

revision involves only a single entry in 

Table 9, we are not republishing the 

table in its entirety in this notice; 

however, we note that the corrected 

version of this table is available on the 

SNF PPS Web site, which can be 

accessed online at http:// 

www.cms.hhs.gov/SNFPPS/. 

III. Correction of Errors 

In FR Doc. E8–17948 (73 FR 46416), 

make the following corrections: 

1. On page 46430, in Table 10, the 

wage index value ‘‘0.8924’’ displayed in 

the title is revised to read ‘‘0.8919’’. 

2. On page 46462, in Table 9, in the 

wage index column for New Hampshire, 

State code 30, the wage index value 

‘‘1.0182’’ is revised to read ‘‘1.0219’’. 

IV. Waiver of Proposed Rulemaking 

and Delayed Effective Date 

We ordinarily publish a proposed rule 

in the Federal Register to provide a 

period for public comment before the 

provisions of a rule such as this take 

effect in accordance with section 553(b) 

of the Administrative Procedure Act 

(APA) (5 U.S.C. 553(b)). We also 

ordinarily provide a 30-day delay in the 

effective date of the provisions of a 

notice in accordance with section 553(d) 

of the APA (5 U.S.C. 553(d)). However, 

we can waive both the notice and 

comment procedure and the 30-day 

delay in effective date if the Secretary 

finds, for good cause, that a notice and 

comment process is impracticable, 

unnecessary, or contrary to the public 

interest, and incorporates a statement of 

the finding and the reasons for it in the 

notice. 

We find for good cause that it is 

unnecessary to undertake notice and 

comment rulemaking because this 

notice merely provides technical 

corrections to the regulations. We are 

not making substantive changes to our 

payment methodologies or policies, but 

rather, are simply implementing 

correctly the payment methodologies 

and policies that we previously 

proposed, received comment on, and 

subsequently finalized. The public has 

already had the opportunity to comment 

on these payment methodologies and 

policies, and this correction notice is 

intended solely to ensure that the FY 

2009 SNF PPS final rule accurately 

reflects them. Therefore, we believe that 

undertaking further notice and comment 

procedures to incorporate these 

corrections into the final rule is 

unnecessary and contrary to the public 

interest. 

Further, we believe a delayed 

effective date is unnecessary because 

this correction notice merely corrects 

inadvertent technical errors. The 

changes noted above do not make any 

substantive changes to the SNF PPS 

payment methodologies or policies. 

Moreover, we regard imposing a delay 

in the effective date as being contrary to 

the public interest. We believe that it is 

in the public interest for providers to 

receive appropriate SNF PPS payments 

in as timely a manner as possible and 

to ensure that the FY 2009 SNF PPS 

final rule accurately reflects our 

payment methodologies, payment rates, 

and policies. Therefore, we find good 

cause to waive notice and comment 

procedures, as well as the 30-day delay 

in effective date. 

(Catalog of Federal Domestic Assistance 

Program No. 93.773, Medicare—Hospital 

Insurance; and Program No. 93.774, 

Medicare—Supplementary Medical 

Insurance Program) 

Dated: September 29, 2008. 

Ashley Files Flory, 

Deputy Executive Secretary to the 

Department. 

[FR Doc. E8–23253 Filed 9–30–08; 8:45 am] 

BILLING CODE 4120–01–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 25 

Satellite Communications 

CFR Correction 

In title 47 of the Code of Federal 

Regulations, parts 20 to 39, revised as of 

October 1, 2007, in § 25.208, on page 

239, in Table 1G in paragraph (g) and, 

on page 240, in Table 1H in paragraph 

(h) make the following change: 

For each entry in the tables, remove 

the number ‘‘40’’ from the third column, 

‘‘Percentage of time during which 

EPFDdown level may not be exceeded’’ 

and add it to the fourth column, 

‘‘Reference bandwidth (kHz)’’. 

[FR Doc. E8–23115 Filed 9–30–08; 8:45 am] 

BILLING CODE 1505–01–D 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 73 

[FCC 08–192] 

Network Affiliated Stations Alliance 

(NASA) Petition for Inquiry Into 

Network Practices and Motion for 

Declaratory Ruling 

AGENCY: Federal Communications 

Commission. 

ACTION: Notice of petition for inquiry. 

SUMMARY: NASA and the Networks 

request that the Commission affirm a 

number of basic principles relating to 

the Commission rules governing 

network/affiliate relationships to avoid 

future disputes. Since that time, each of 

the Networks engaged in constructive 

discussions with its respective affiliates 

and revised its current standard 

affiliation agreement to address the 

central issues raised by NASA. 

Accordingly, NASA and the Networks 

agree that a Commission ruling with 

respect to those particular contract 

provisions is no longer necessary. 

Pursuant to the Commission’s rules, we 

grant NASA’s request for declaratory 

ruling in part and grant the Joint 

Request in full. 

DATES: October 1, 2008. 

ADDRESSES: You may submit comments, 

identified by FCC 08–192, by any of the 

following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

• Federal Communications 

Commission’s Web Site: http:// 

www.fcc.gov/cgb/ecfs/. Follow the 

instructions for submitting comments. 

• People with Disabilities: Contact the 

FCC to request reasonable 

accommodations (accessible format 

documents, sign language interpreters, 

CART, etc.) by e-mail: FCC504@fcc.gov 

or phone: 202–418–0530 or TTY: 202– 

418–0432. 

For detailed instructions for submitting 

comments and additional information 

on the rulemaking process, see the 

SUPPLEMENTARY INFORMATION section of 

this document. 

FOR FURTHER INFORMATION CONTACT: For 

additional information on this 

proceeding, please contact Holly Saurer, 

Holly.Saurer@fcc.gov, of the Policy 

Division, Media Bureau, (202) 418– 

2120. 


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