46136 Federal Register / Vol. 82, No. 191 / Wednesday, October 4, 2017 / Rules and Regulations 

1Areas designated as mandatory Class I federal 

areas consist of national parks exceeding 6000 

acres, wilderness areas and national memorial parks 

exceeding 5000 acres, and all international parks 

that were in existence on August 7, 1977 (42 U.S.C. 

7472(a)). These areas are listed at 40 CFR part 81, 

subpart D. 

circuit by December 4, 2017. 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, Incorporation by 

reference, Intergovernmental relations, 

Nitrogen dioxide, Ozone, Reporting and 

recordkeeping requirements, Volatile 

organic compounds. 

Dated: September 21, 2017. 

Onis ‘‘Trey’’ Glenn, III, 

Regional Administrator, Region 4. 

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 II—North Carolina 

■ 2. Section 52.1770(e) is amended by 

adding a new entry ‘‘110(a)(1) and (2) 

Infrastructure Requirements for the 2008 

8-Hour Ozone NAAQS’’ at the end of 

the table to read as follows: 

§ 52.1770 Identification of plan. 

* * * * * 

(e) * * * 

EPA-APPROVED NORTH CAROLINA NON-REGULATORY PROVISIONS

Provision State effective 

date 

EPA approval 

date 

Federal Register 

citation Explanation 

*******

110(a)(1) and (2) Infrastructure Requirements for the 2008 8-Hour Ozone 

NAAQS.

12/9/2015 10/4/2017 [Insert citation of 

publication].

Addressing prongs 1 and 2 of section 

110(a)(2)(D)(i) only. 

[FR Doc. 2017–21247 Filed 10–3–17; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2016–0634; FRL–9968–71– 

Region 4] 

Air Plan Approval; Georgia; Regional 

Haze Progress Report 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is finalizing approval of 

a State Implementation Plan (SIP) 

revision submitted by the State of 

Georgia, Department of Natural 

Resources, through the Georgia 

Environmental Protection Division (GA 

EPD) on January 8, 2014. Georgia’s 

January 8, 2014, SIP revision (Progress 

Report) addresses requirements of the 

Clean Air Act (CAA or Act) and EPA’s 

rules that require each state to submit 

periodic reports describing progress 

towards reasonable progress goals 

(RPGs) established for regional haze and 

a determination of the adequacy of the 

state’s existing SIP addressing regional 

haze (regional haze plan). EPA is 

finalizing approval of Georgia’s 

determination that the State’s regional 

haze plan is adequate to meet these 

RPGs for the first implementation 

period covering through 2018 and 

requires no substantive revision at this 

time. 

DATES: This rule is effective November 

3, 2017. 

ADDRESSES: EPA has established a 

docket for this action under Docket 

Identification No. EPA–R04–OAR– 

2016–0634. All documents in the docket 

are listed on the 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 through 

www.regulations.gov or in hard copy at 

the Air Regulatory Management Section, 

Air Planning and Implementation 

Branch, Air, Pesticides and Toxics 

Management Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street SW., 

Atlanta, Georgia 30303–8960. EPA 

requests that if at all possible, you 

contact the person listed in the FOR

FURTHER INFORMATION CONTACT section to 

schedule your inspection. The Regional 

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: 

Michele Notarianni, Air Regulatory 

Management Section, Air Planning and 

Implementation Branch, Air, Pesticides 

and Toxics Management Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street SW., 

Atlanta, Georgia 30303–8960. Ms. 

Notarianni can be reached by phone at 

(404) 562–9031 and via electronic mail 

at notarianni.michele@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

States are required to submit a 

progress report in the form of a SIP 

revision that evaluates progress towards 

the RPGs for each mandatory Class I 

federal area 1 (Class I area) within the 

state and for each Class I area outside 

the state which may be affected by 

emissions from within the state. 40 CFR 

51.308(g). In addition, the provisions of 

40 CFR 51.308(h) require states to 

submit, at the same time as the 40 CFR 

51.308(g) progress report, a 

determination of the adequacy of the 

state’s existing regional haze plan. On 

January 8, 2014, Georgia submitted its 

Progress Report which, among other 

things, details the progress made in the 

first period toward implementation of 

the long term strategy outlined in the 

State’s regional haze plan; the visibility 

improvement measured at the three 

Class I areas within its borders (Cohutta 

Wilderness Area, Okefenokee 

Wilderness Area, and Wolf Island 

Wilderness Area) and at Class I areas 


sradovich on DSK3GMQ082PROD with RULES
Federal Register / Vol. 82, No. 191 / Wednesday, October 4, 2017 / Rules and Regulations 46137 

outside of the State potentially impacted 

by emissions from Georgia; and a 

determination of the adequacy of the 

State’s existing regional haze plan. 

In a notice of proposed rulemaking 

(NPRM) published on August 15, 2017 

(82 FR 38654), EPA proposed to approve 

Georgia’s January 8, 2014, Progress 

Report. The details of Georgia’s 

submission and the rationale for EPA’s 

actions are explained in the NPRM. 

Comments on the proposed rulemaking 

were due on or before September 14, 

2017. EPA received no adverse 

comments on the proposed action. 

II. Final Action 

EPA is finalizing approval of 

Georgia’s January 8, 2014, Progress 

Report as meeting the applicable 

regional haze requirements set forth in 

40 CFR 51.308(g) and 51.308(h). 

III. Statutory and Executive Order 

Reviews 

Under the CAA, the Administrator is 

required to approve a SIP submission 

that complies with the provisions of the 

Act and applicable federal regulations. 

See 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 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 Orders 12866 (58 FR 51735, 

October 4, 1993) and 13563 (76 FR 3821, 

January 21, 2011); 

• 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 CAA; 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). 

The SIP is not approved to apply on 

any Indian reservation land or in any 

other area where EPA or an Indian tribe 

has demonstrated that a tribe has 

jurisdiction. In those areas of Indian 

country, the rule does not have tribal 

implications as specified by Executive 

Order 13175 (65 FR 67249, November 9, 

2000), nor will it 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 CAA, 

petitions for judicial review of this 

action must be filed in the United States 

Court of Appeals for the appropriate 

circuit by December 4, 2017. 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, Incorporation by 

reference, Intergovernmental relations, 

Nitrogen oxides, Particulate matter, 

Reporting and recordkeeping 

requirements, Sulfur dioxide, Volatile 

organic compounds. 

Dated: September 21, 2017. 

Onis ‘‘Trey’’ Glenn, III, 

Regional Administrator, Region 4. 

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 L—Georgia 

■ 2. Section 52.570(e) is amended by 

adding an entry for ‘‘January 2014 

Regional Haze Progress Report’’ at the 

end of the table to read as follows: 

§ 52.570 Identification of plan. 

* * * * * 

(e) * * * 

EPA-APPROVED GEORGIA NON-REGULATORY PROVISIONS

Name of nonregulatory 

SIP provision 

Applicable 

geographic or 

nonattainment 

area 

State 

submittal date/ 

effective date 

EPA approval date Explanation 

*******

January 2014 Regional 

Haze Progress Report.

Georgia ............. 01/8/2014 10/4/17 [Insert citation of 

publication].


sradovich on DSK3GMQ082PROD with RULES
46138 Federal Register / Vol. 82, No. 191 / Wednesday, October 4, 2017 / Rules and Regulations 

[FR Doc. 2017–21246 Filed 10–3–17; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Centers for Medicare & Medicaid 

Services 

42 CFR Parts 405, 412, 413, 414, 416, 

486, 488, 489, and 495 

[CMS–1677–CN] 

RIN–0938–AS98 

Medicare Program; Hospital Inpatient 

Prospective Payment Systems for 

Acute Care Hospitals and the LongTerm Care Hospital Prospective 

Payment System and Policy Changes 

and Fiscal Year 2018 Rates; Quality 

Reporting Requirements for Specific 

Providers; Medicare and Medicaid 

Electronic Health Record (EHR) 

Incentive Program Requirements for 

Eligible Hospitals, Critical Access 

Hospitals, and Eligible Professionals; 

Provider-Based Status of Indian Health 

Service and Tribal Facilities and 

Organizations; Costs Reporting and 

Provider Requirements; Agreement 

Termination Notices; Correction 

AGENCY: Centers for Medicare & 

Medicaid Services (CMS), HHS. 

ACTION: Final rule; correction. 

SUMMARY: This document corrects 

technical and typographical errors in 

the final rule that appeared in the 

August 14, 2017, issue of the Federal 

Register, which will amend the 

Medicare hospital inpatient prospective 

payment systems (IPPS) for operating 

and capital related costs of acute care 

hospitals to implement changes arising 

from our continuing experience with 

these systems for FY 2018. 

DATES: This correction is effective 

October 1, 2017. 

FOR FURTHER INFORMATION CONTACT: 

Donald Thompson, (410) 786–4487. 

SUPPLEMENTARY INFORMATION: 

I. Background 

In FR Doc. 2017–16434 of August 14, 

2017 (82 FR 37990) there were a number 

of technical and typographical errors 

that are identified and corrected by the 

Correction of Errors section of this 

correcting document. The provisions in 

this correcting document are effective as 

if they had been included in the 

document that appeared in the August 

14, 2017 Federal Register. Accordingly, 

the corrections are effective October 1, 

2017. 

II. Summary of Errors 

A. Summary of Errors in the Preamble 

On page 37990, we are making a 

conforming correction, removal of the 

reference to part 488, based on the 

removal of the regulations text for 

§ 488.5 described in section II.B. of this 

correcting document. 

On pages 38067 and 38068, we are 

correcting technical errors in our 

discussion and summary of and 

response to public comment regarding 

ICD–10–PCS procedure codes 

describing procedures involving 

percutaneous insertion of intraluminal 

or monitoring device. Specifically, we 

erroneously referred to a count of 28 

procedure codes describing procedures 

involving the percutaneous insertion of 

intraluminal and monitoring devices 

into central nervous system and other 

cardiovascular body parts rather than 18 

procedure codes. Of the 28 codes listed 

in Table 6P.4b associated with the 

proposed rule, 10 procedure codes were 

duplicative, and erroneously included 

in the table and in the total number of 

codes referenced in the preamble. As 

indicated in the final rule, after 

consideration of the public comments 

we received, we maintained the 

designation of 15 procedure codes 

identified by the commenters. For this 

reason, we are also correcting Table 

6P.4b associated with the final rule (as 

discussed in section II.E. of this 

correcting document) to reflect the 3 

distinct procedure codes for which we 

finalized a change in designation, 

including to remove the listings of ICD– 

10–PCS procedure codes 00H032Z 

(Insertion of Monitoring Device into 

Brain, Percutaneous Approach) and 

00H632Z (Insertion of Monitoring 

Device into Cerebral Ventricle, 

Percutaneous Approach), which we 

finalized to maintain as O.R. procedures 

for FY 2018, and are making conforming 

changes to the corresponding count of 

codes listed in that table as indicated on 

page 38068. Consistent with these 

corrections, we are also correcting the 

description of the proposal on page 

38067 of the final rule. As a result of the 

corrections to Table 6P.4b associated 

with the final rule and the conforming 

corrections on pages 38067 and 38068, 

we have made conforming changes to 

the ICD–10 MS–DRG Definitions 

Manual Version 35 and ICD–10 MS– 

DRG Grouper Software Version 35 for 

FY 2018 to reflect the O.R. designation 

of ICD–10–PCS procedure codes 

00H032Z (Insertion of Monitoring 

Device into Brain, Percutaneous 

Approach) and 00H632Z (Insertion of 

Monitoring Device into Cerebral 

Ventricle, Percutaneous Approach), as 

finalized on page 38068 of the final rule 

for FY 2018. 

In addition, after publication of the 

FY 2018 IPPS/LTCH PPS final rule, we 

became aware that the logic for the ICD– 

10 MS–DRG Definitions Manual Version 

35 and the ICD–10 MS–DRG Grouper 

and Medicare Code Editor (MCE) 

Version 35 Software erroneously 

designated the following ICD–10–PCS 

procedure code as a non-O.R. procedure 

rather than as an O.R. procedure as 

finalized on page 38072 of the final rule 

for FY 2018: 0BCC8ZZ (Extirpation of 

matter from right upper lung lobe, via 

natural or artificial opening 

endoscopic). Therefore, we also made 

changes to the ICD–10 MS–DRG 

Definitions Manual Version 35 and the 

ICD–10 MS–DRG Grouper and MCE 

Version 35 Software to correctly reflect 

the O.R. designation for this procedure 

code for FY 2018. 

We recalculated the FY 2018 MS– 

DRG relative weights (and associated 

statistics, such as average length of stay 

(ALOS)) as a result of the corrections to 

the logic for the ICD–10 MS–DRG 

Grouper Version 35 Software discussed 

above. In addition, since the MS–LTC– 

DRGs used under the LTCH PPS for FY 

2018 are the same as the MS DRGs used 

under the IPPS for FY 2018 (and as such 

use the same ICD–10 MS–DRG Grouper 

Version 35 Software), we also 

recalculated the FY 2018 MS–LTC–DRG 

relative weights (and associated 

statistics, such as geometric ALOS) for 

the same reasons. 

On page 38119, we made a technical 

error in describing which ICD–10–PCS 

procedure codes will be used to identify 

cases involving ZINPLAVATM that are 

eligible for new technology add-on 

payments in FY 2018. Specifically, 

cases involving ZINPLAVATM that are 

eligible for new technology add-on 

payments will be identified by either of 

the ICD–10–PCS procedure codes listed 

in the final rule (XW033A3 or 

XW043A3) (rather than requiring the 

combination of both ICD–10–PCS 

procedure codes). 

On pages 38132 and 38137, in our 

discussion of the wage indexes, we 

provided incorrect values for the FY 

2018 national average hourly wage 

(unadjusted for occupational mix) and 

the FY 2018 occupational mix adjusted 

national average hourly wage due to 

inadvertent errors related to the wage 

data collected from the Medicare cost 

reports of six hospitals (CMS 

Certification Numbers (CCNs) 240010, 

420033, 420037, 420038, 420078, and 

420102). 

On page 38144, we made an 

inadvertent error in the mailing address 


sradovich on DSK3GMQ082PROD with RULES