Coverage of Certain Preventive Services Under the Affordable Care Act; Correction, 13575-13576 [2013-04608]

Download as PDF srobinson on DSK4SPTVN1PROD with PROPOSALS Federal Register / Vol. 78, No. 40 / Thursday, February 28, 2013 / Proposed Rules (i) Pay, in accordance with paragraph (b) of this section, whatever fees may be charged for processing the request; or (ii) Pay such fees up to a specified amount, whereby the processing of the request would cease once the specified amount has been reached. (2) Each request that contains an application for a fee waiver shall specifically indicate whether the requester, in the case that the fee waiver is not granted, will: (i) Pay, in accordance with paragraph (b) of this section, whatever fees may be charged for processing the request; (ii) Pay fees up to a specified amount, whereby the processing of the request would cease once the specified amount has been reached; or (iii) Not pay fees, whereby the processing of the request will cease at the point fees are to be incurred in accordance with paragraph (b) of this section. (3) If the agreement required by this section is absent, and if the estimated fees exceed $25.00, the requester will be advised of the estimated fees and the request will not be processed until the requester agrees to pay such fees. If the requester does not respond to the notification that the estimated fees exceed $25.00 within 10 calendar days from the date of the notification, the request will be closed. (e) Public interest fee waivers. (1) Procedures. A requester may apply for a waiver of fees. The requester shall explain why a waiver is appropriate under the standards set forth in this paragraph. The application shall also include a statement, as provided by paragraph (d) of this section, of whether the requester agrees to pay costs if the waiver is denied. The deciding official (as designated by the General Counsel) will rule on applications for fee waivers. To appeal the deciding official’s determination of the fee waiver, a requester must follow the procedures set forth in § 4.11(a)(3). (2) Standards. (i) The first requirement for a fee waiver is that disclosure will likely contribute significantly to public understanding of the operations or activities of the government. This requirement shall be met if the requester establishes that: (A) The subject matter of the requested information concerns the operations or activities of the Federal government; (B) The disclosure is likely to contribute to an understanding of these operations or activities; (C) The understanding to which disclosure is likely to contribute is the understanding of the public at large, as opposed to the understanding of the VerDate Mar<15>2010 16:47 Feb 27, 2013 Jkt 229001 individual requester or a narrow segment of interested persons; (e.g., by providing specific information about the requester’s expertise in the subject area of the request and about the ability and intention to disseminate the information to the public); and (D) The likely contribution to public understanding will be significant. (ii) The second requirement for a fee waiver is that the request not be primarily in the commercial interest of the requester. This requirement shall be met if the requester shows either: (A) That the requester does not have a commercial interest that would be furthered by the requested disclosure; or (B) If the requester does have a commercial interest that would be furthered by the requested disclosure, that the public interest in disclosure outweighs the identified commercial interest of the requester that the disclosure is not primarily in the requester’s commercial interest. (f) Searches that do not yield responsive records. Charges may be assessed for search time even if the agency fails to locate any responsive records or if it locates only records that are determined to be exempt from disclosure. * * * * * (k) Effect of the Debt Collection Act of 1982 (Pub. L. 97–365), as amended by the Debt Collection Improvement Act of 1996 (Pub. L. 104–134). The Commission will pursue repayment, where appropriate, by employing the provisions of the Debt Collection Act of 1982, as amended by the Debt Collection Improvement Act of 1996, the Federal Claims Collection Standards (FCSS), 31 CFR 900–904, and any other applicable authorities in collecting unpaid fees assessed under this section, including disclosure to consumer reporting agencies and use of collection agencies. The FCSS does not limit the agency’s ability to pursue other authorized remedies such as alternative dispute resolution and arbitration. ■ 3. In § 4.11, add paragraph (a)(3)(i)(A)(3) to read as follows: § 4.11. Disclosure requests. (a) * * * (3) * * * (i) * * * (A) * * * (3) If an initial request for a fee waiver or reduction is denied, the requester may, within 30 days of the date of the letter notifying the requester of that decision, appeal such denial to the General Counsel. In unusual circumstances, the time to appeal may PO 00000 Frm 00027 Fmt 4702 Sfmt 4702 13575 be extended by the General Counsel or his or her designee. * * * * * By direction of the Commission, Chairman Leibowitz not participating. Donald S. Clark, Secretary. [FR Doc. 2013–04480 Filed 2–27–13; 8:45 am] BILLING CODE 6750–01–P DEPARTMENT OF THE TREASURY Internal Revenue Service 26 CFR Part 54 [REG–120391–10] RIN 1545–BJ60 Coverage of Certain Preventive Services Under the Affordable Care Act; Correction Internal Revenue Service (IRS), Treasury. AGENCY: ACTION: Correction to proposed rules. This document contains a correction to proposed rules (REG– 120391–10) that was published in the Federal Register on Wednesday, February 6, 2013 (77 FR 8456). The proposed rules propose amendments to rules regarding coverage for certain preventive services under section 2713 of the Public Health Service Act, as added by the Patient Protection and Affordable Care Act, as amended, and incorporated into the Employee Retirement Income Security Act of 1974 and the Internal Revenue Code. SUMMARY: FOR FURTHER INFORMATION CONTACT: Karen Levin at (202) 927–9639 (not a toll free number). SUPPLEMENTARY INFORMATION: Background The proposed rules (REG–120391–10) that is the subject of these corrections is under Section 2713 of the Public Health Service Act. Need for Correction As published, the proposed rules (REG–120391–10) contains an error that may prove to be misleading and is in need of clarification. Correction of Publication Accordingly, the proposed rules (REG–120391–10), that was the subject of FR Doc. 2013–02420, is corrected as follows: E:\FR\FM\28FEP1.SGM 28FEP1 13576 Federal Register / Vol. 78, No. 40 / Thursday, February 28, 2013 / Proposed Rules On page 8456, in the heading, column 3, the regulation number is corrected to read [REG–120391–10]. LaNita VanDyke, Chief, Publications and Regulations Branch, Legal Processing Division, Associate Chief Counsel, (Procedure and Administration). [FR Doc. 2013–04608 Filed 2–27–13; 8:45 am] BILLING CODE 4830–01–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Parts 100 and 165 [Docket Number USCG–2012–0970] RIN 1625–AA00, AA08 Special Local Regulations and Safety Zones; Recurring Marine Events and Fireworks Displays Within the Fifth Coast Guard District Coast Guard, DHS. Notice of proposed rulemaking. AGENCY: ACTION: The Coast Guard proposes to revise the list of special local regulations and safety zones established for recurring marine events and fireworks displays at various locations within the geographic boundary of the Fifth Coast Guard District. This rulemaking proposes to revise Coast Guard regulations by adding 15 new annual recurring marine events, fireworks displays and revising event date(s) and coordinates for 31 previously established locations within the geographic boundary of the Fifth Coast Guard District. This proposed rule would also delete 21 previously listed marine events, fireworks displays and corresponding regulated areas that no longer occur. These regulations would apply to all events listed in the table attached to the regulation, and include events such as regattas, power boat races, marine parades, swimming races and fireworks displays. Special local regulations and safety zones are being proposed to provide for the safety of life on navigable waters during these events, reduce the Coast Guard’s administrative workload and expedite public notification of events. Entry into or movement within these proposed regulated areas during the enforcement periods is prohibited without approval of the appropriate Captain of the Port. DATES: Comments and related material must be received by the Coast Guard on or before April 1, 2013. ADDRESSES: You may submit comments identified by docket number using any one of the following methods: srobinson on DSK4SPTVN1PROD with PROPOSALS SUMMARY: VerDate Mar<15>2010 16:47 Feb 27, 2013 Jkt 229001 (1) Federal eRulemaking Portal: https://www.regulations.gov. (2) Fax: 202–493–2251. (3) Mail or Delivery: Docket Management Facility (M–30), U.S. Department of Transportation, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue SE., Washington, DC 20590–0001. Deliveries accepted between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The telephone number is 202– 366–9329. See the ‘‘Public Participation and Request for Comments’’ portion of the SUPPLEMENTARY INFORMATION section below for further instructions on submitting comments. To avoid duplication, please use only one of these three methods. FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, call or email Dennis M. Sens, Prevention Division, Fifth Coast Guard District, (757) 398–6204, Dennis.M.Sens@uscg.mil. If you have questions on viewing or submitting material to the docket, call Renee V. Wright, Program Manager, Docket Operations, telephone (202) 366–9826. SUPPLEMENTARY INFORMATION: Table of Acronyms DHS Department of Homeland Security FR Federal Register NPRM Notice of Proposed Rulemaking A. Public Participation and Request for Comments We encourage you to participate in this rulemaking by submitting comments and related materials. All comments received will be posted without change to https:// www.regulations.gov and will include any personal information you have provided. 1. Submitting Comments If you submit a comment, please include the docket number for this rulemaking, indicate the specific section of this document to which each comment applies, and provide a reason for each suggestion or recommendation. You may submit your comments and material online at https:// www.regulations.gov, or by fax, mail, or hand delivery, but please use only one of these means. If you submit a comment online, it will be considered received by the Coast Guard when you successfully transmit the comment. If you fax, hand deliver, or mail your comment, it will be considered as having been received by the Coast Guard when it is received at the Docket Management Facility. We recommend that you include your name and a PO 00000 Frm 00028 Fmt 4702 Sfmt 4702 mailing address, an email address, or a telephone number in the body of your document so that we can contact you if we have questions regarding your submission. To submit your comment online, go to https://www.regulations.gov, type the docket number [USCG–2012–0970] in the ‘‘SEARCH’’ box and click ‘‘SEARCH.’’ Click on ‘‘Submit a Comment’’ on the line associated with this rulemaking. If you submit your comments by mail or hand delivery, submit them in an unbound format, no larger than 8 1/2 by 11 inches, suitable for copying and electronic filing. If you submit comments by mail and would like to know that they reached the Facility, please enclose a stamped, self-addressed postcard or envelope. We will consider all comments and material received during the comment period and may change the rule based on your comments. 2. Viewing Comments and Documents To view comments, as well as documents mentioned in this preamble as being available in the docket, go to https://www.regulations.gov, type the docket number (USCG–2012–0970) in the ‘‘SEARCH’’ box and click ‘‘SEARCH.’’ Click on Open Docket Folder on the line associated with this rulemaking. You may also visit the Docket Management Facility in Room W12–140 on the ground floor of the Department of Transportation West Building, 1200 New Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. 3. Privacy Act Anyone can search the electronic form of comments received into any of our dockets by the name of the individual submitting the comment (or signing the comment, if submitted on behalf of an association, business, labor union, etc.). You may review a Privacy Act notice regarding our public dockets in the January 17, 2008, issue of the Federal Register (73 FR 3316). 4. Public Meeting We do not now plan to hold a public meeting. But you may submit a request for one, using one of the methods specified under ADDRESSES. Please explain why you believe a public meeting would be beneficial. If we determine that one would aid this rulemaking, we will hold one at a time and place announced by a later notice in the Federal Register. E:\FR\FM\28FEP1.SGM 28FEP1

Agencies

[Federal Register Volume 78, Number 40 (Thursday, February 28, 2013)]
[Proposed Rules]
[Pages 13575-13576]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-04608]


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DEPARTMENT OF THE TREASURY

Internal Revenue Service

26 CFR Part 54

[REG-120391-10]
RIN 1545-BJ60


Coverage of Certain Preventive Services Under the Affordable Care 
Act; Correction

AGENCY: Internal Revenue Service (IRS), Treasury.

ACTION: Correction to proposed rules.

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SUMMARY: This document contains a correction to proposed rules (REG-
120391-10) that was published in the Federal Register on Wednesday, 
February 6, 2013 (77 FR 8456). The proposed rules propose amendments to 
rules regarding coverage for certain preventive services under section 
2713 of the Public Health Service Act, as added by the Patient 
Protection and Affordable Care Act, as amended, and incorporated into 
the Employee Retirement Income Security Act of 1974 and the Internal 
Revenue Code.

FOR FURTHER INFORMATION CONTACT: Karen Levin at (202) 927-9639 (not a 
toll free number).

SUPPLEMENTARY INFORMATION:

Background

    The proposed rules (REG-120391-10) that is the subject of these 
corrections is under Section 2713 of the Public Health Service Act.

Need for Correction

    As published, the proposed rules (REG-120391-10) contains an error 
that may prove to be misleading and is in need of clarification.

Correction of Publication

    Accordingly, the proposed rules (REG-120391-10), that was the 
subject of FR Doc. 2013-02420, is corrected as follows:

[[Page 13576]]

    On page 8456, in the heading, column 3, the regulation number is 
corrected to read [REG-120391-10].

LaNita VanDyke,
Chief, Publications and Regulations Branch, Legal Processing Division, 
Associate Chief Counsel, (Procedure and Administration).
[FR Doc. 2013-04608 Filed 2-27-13; 8:45 am]
BILLING CODE 4830-01-P
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