Patient Protection and Affordable Care Act; HHS Notice of Benefit and Payment Parameters for 2016; Correcting Amendment, 38652-38653 [2015-16532]

Download as PDF 38652 Federal Register / Vol. 80, No. 129 / Tuesday, July 7, 2015 / Rules and Regulations must be followed until the audit results meet the criteria in section 5.3.4 to start requalifying for the optional QA test frequency in section 5.5. 6.1 RATA RA Calculation. Follow Equations 9 through 14 in section 12 of PS– 18 in appendix B to this part to calculate the RA for the RATA. The RATA must be calculated either in units of the applicable emission standard or in concentration units (ppmv). 6.2 RAA Accuracy Calculation. Use Equation 6–2 to calculate the accuracy for the RAA. The RA may be calculated in concentration units (ppmv) or in the units of the applicable emission standard. Where: RA = Accuracy of the CEMS (percent) MNavg = Average measured CEMS response during the audit in units of applicable standard or appropriate concentration. RMavg = Average reference method value in units of applicable standard or appropriate concentration. 6.3 CGA Accuracy Calculation. For each gas concentration, determine the average of the three CEMS responses and subtract the average response from the audit gas value. For extractive CEMS, calculate the ME at each gas level using Equation 3A in section 12.3 of PS–18 in appendix B to this part. For IP–CEMS, calculate the ME at each gas level using Equation 6A in section 12.4.3 of PS– 18 in appendix B to this part. 6.4 DSA Accuracy Calculation. DSA accuracy is calculated as a percent of span. To calculate the DSA accuracy for each upscale spike concentration, first calculate the DSE using Equation A5 in appendix A of PS–18 in appendix B to this part. Then use Equation 6–3 to calculate the average DSA accuracy for each upscale spike concentration. To calculate DSA accuracy at the zero level, use equation 3A in section 12.3 of PS–18 in appendix B to this part. 7.0 vii. Results from the performance audit samples described in section 5 and the applicable RMs. e. Summary of all out-of-control periods including corrective actions taken when CEMS was determined out-of-control, as described in sections 4 and 5. 7.1.2 If the accuracy audit results show the CEMS to be out-of-control, you must report both the audit results showing the CEMS to be out-of-control and the results of the audit following corrective action showing the CEMS to be operating within specifications. DEPARTMENT OF HEALTH AND HUMAN SERVICES VerDate Sep<11>2014 19:51 Jul 06, 2015 Jkt 235001 8.0 Calculations for CEMS Data Accuracy Bibliography 1. EPA Traceability Protocol for Assay and Certification of Gaseous Calibration Standards, U.S. Environmental Protection Agency office of Research and Development, EPA/600/R–12/531, May 2012. 2. Method 205, ‘‘Verification of Gas Dilution Systems for Field Instrument Calibrations,’’ 40 CFR part 51, appendix M. 9.0 Tables, Diagrams, Flowcharts— [Reserved] [FR Doc. 2015–16385 Filed 7–6–15; 8:45 am] BILLING CODE 6560–50–P PO 00000 45 CFR Part 155 [CMS–9944–F2] RIN 0938–AS19 Patient Protection and Affordable Care Act; HHS Notice of Benefit and Payment Parameters for 2016; Correcting Amendment Centers for Medicare & Medicaid Services (CMS), HHS. ACTION: Final rule; correcting amendment. AGENCY: This document corrects a technical error that appeared in the final rule published in the February 27, 2015 Federal Register (80 FR 10749) entitled ‘‘Patient Protection and Affordable Care Act; HHS Notice of Benefit and Payment Parameters for 2016.’’ DATES: Effective Date: This correction document is effective July 7, 2015. Application Date: The correction is applicable as of April 28, 2015. FOR FURTHER INFORMATION CONTACT: Jeff Wu, (301) 492–4305. Krutika Amin, (301) 492–5153. Lindsey Murtagh, 301–492–4106. Rachel Arguello, 301–492–4263. SUPPLEMENTARY INFORMATION: SUMMARY: I. Background In FR Doc. 2015–03751 (80 FR 10749 through 10877), the final rule entitled Frm 00040 Fmt 4700 Sfmt 4700 E:\FR\FM\07JYR1.SGM 07JYR1 ER07JY15.098</GPH> Reporting Requirements At the reporting interval specified in the applicable regulation or permit, report for each CEMS the quarterly and annual accuracy audit results from section 6 and the daily assessment results from section 4. Unless otherwise specified in the applicable regulation or permit, include all data sheets, calculations, CEMS data records (i.e., charts, records of CEMS responses), reference gas certifications and reference method results necessary to confirm that the performance of the CEMS met the performance specifications. 7.1 Unless otherwise specified in the applicable regulations or permit, report the daily assessments (CD and beam intensity) and accuracy audit information at the interval for emissions reporting required under the applicable regulations or permits. 7.1.1 At a minimum, the daily assessments and accuracy audit information reporting must contain the following information: a. Company name and address. b. Identification and location of monitors in the CEMS. c. Manufacturer and model number of each monitor in the CEMS. d. Assessment of CEMS data accuracy and date of assessment as determined by a RATA, RAA, CGA or DSA described in section 5 including: i. The RA for the RATA; ii. The accuracy for the CGA, RAA, or DSA; iiii. Temperature and pressure sensor audit results for IP–CEMS; iv. The RM results, the reference gas certified values; v. The CEMS responses; vi. The calculation results as defined in section 6; and 6.0 ER07JY15.097</GPH> srobinson on DSK5SPTVN1PROD with RULES minimum of two RATAs, you may revise your auditing procedures to use CGA, RAA or DSA each quarter for seven subsequent quarters following a RATA. 5.5.2 You must perform at least one RATA that meets the acceptance criteria every 2 years. 5.5.3 If you fail a RATA, RAA, CGA, or DSA, then the audit schedule in section 5.2 Federal Register / Vol. 80, No. 129 / Tuesday, July 7, 2015 / Rules and Regulations ‘‘Patient Protection and Affordable Care Act; HHS Notice of Benefit and Payment Parameters for 2016,’’ there was a technical error in the regulation text that is identified and corrected in this correcting amendment. srobinson on DSK5SPTVN1PROD with RULES II. Summary of Errors in the Regulation Text On page 10867 of the HHS Notice of Benefit and Payment Parameters for 2016 final rule, there was a technical error in § 155.420(d)(2)(ii). In the preamble, we acknowledged that Exchanges may need more time to implement the necessary functional IT changes, and stated that we were making § 155.420(d)(2)(ii) effective January 1, 2017. However, in the regulatory text, we inadvertently omitted the phrase ‘‘Effective January 1, 2017 or earlier . . .’’ before the phrase ‘‘at the option of the Exchange’’. III. Waiver of Proposed Rulemaking and Delay in Effective Date We ordinarily publish a notice of proposed rulemaking in the Federal Register to provide a period for public comment before the provisions of a rule take effect in accordance with section 553(b) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). However, this notice and comment procedure can be waived if the Secretary finds, for good cause, that the notice and comment process is impracticable, unnecessary, or contrary to the public interest, and incorporates a statement of the finding and the reasons therefore in the notice. Section 553(d) of the APA ordinarily requires a 30-day delay in effective date of final rules after the date of their publication in the Federal Register. This 30-day delay in effective date can be waived, however, if an agency finds for good cause that the delay is impracticable, unnecessary, or contrary to the public interest, and the agency incorporates a statement of the findings and its reasons in the rule issued. This document corrects a technical error in the HHS Notice of Benefit and Payment Parameters for 2016 final rule and is not a substantive change to the standards set forth in the final rule. Therefore, we believe that undertaking further notice and comment procedures to incorporate this correction and delay the effective date for this change is unnecessary. In addition, we believe it is important for the public to have the correct information as soon as possible, and believe it is contrary to the public interest to delay when they become effective. For the reasons stated previously, we find there is good cause to waive notice and comment VerDate Sep<11>2014 19:51 Jul 06, 2015 Jkt 235001 procedures and the 30-day delay in the effective date for this correction notice. FEDERAL COMMUNICATIONS COMMISSION List of Subjects in 45 CFR Part 155 47 CFR Parts 1 and 20 Administrative practice and procedure, Health care access, Health insurance, Reporting and recordkeeping requirements, State and local governments, Cost-sharing reductions, Advance payments of premium tax credit, Administration and calculation of advance payments of the premium tax credit, Plan variations, Actuarial value. 38653 [WT Docket No. 10–4; FCC 14–138] Accordingly, 45 CFR part 155 is corrected by making the following correcting amendment: PART 155—EXCHANGE ESTABLISHMENT STANDARDS AND OTHER RELATED STANDARDS UNDER THE AFFORDABLE CARE ACT 1. The authority citation for part 155 continues to read as follows: ■ Authority: Title I of the Affordable Care Act, sections 1301, 1302, 1303, 1304, 1311, 1312, 1313, 1321, 1322, 1331, 1332, 1334, 1402, 1411, 1412, 1413, Pub. L. 111–148, 124 Stat. 119 (42 U.S.C. 18021–18024, 18031– 18033, 18041–18042, 18051, 18054, 18071, and 18081–18083). 2. Section 155.420 is amended by revising paragraph (d)(2)(ii) to read as follows: ■ § 155.420 Special enrollment periods. * * * * * (d) * * * (2) * * * (ii) Effective January 1, 2017 or earlier at the option of the Exchange, the enrollee loses a dependent or is no longer considered a dependent through divorce or legal separation as defined by State law in the State in which the divorce or legal separation occurs, or if the enrollee, or his or her dependent, dies. * * * * * Dated: June 29, 2015. Madhura Valverde, Executive Secretary to the Department, Department of Health and Human Services. [FR Doc. 2015–16532 Filed 7–6–15; 8:45 am] BILLING CODE 4120–01–P PO 00000 Frm 00041 Fmt 4700 Sfmt 4700 The Commission’s Rules To Improve Wireless Coverage Through the Use of Signal Boosters Federal Communications Commission. ACTION: Final rule; announcement of effective date. AGENCY: In this document, the Federal Communications Commission (Commission) announces that the Office of Management and Budget (OMB) has approved, for a period of three years, certain information collection requirements associated with the Commission’s Order on Reconsideration regarding the Commission’s rules to Improve Wireless Coverage Through the Use of Signal Boosters, FCC 14–138. This document is consistent with the Order on Reconsideration, which stated that the Commission would publish a document in the Federal Register announcing OMB approval and the effective date of the new information collection requirements. DATES: 47 CFR 20.21(f)(1)(iv)(A)(2) published at 79 FR 70790, November 28, 2014, are effective on July 7, 2015. FOR FURTHER INFORMATION CONTACT: Cathy Williams by email at Cathy.Williams@fcc.gov and telephone at (202) 418–2918. SUPPLEMENTARY INFORMATION: This document announces that, on June 17, 2015, OMB approved certain information collection requirements contained in the Commission’s Order on Reconsideration, FCC 14–138, published at 79 FR 70790, November 28, 2014. The OMB Control Number is 3060–1189. The Commission publishes this notice as an announcement of the effective date of these information collection requirements. SUMMARY: Synopsis As required by the Paperwork Reduction Act of 1995 (44 U.S.C. 3507), the FCC is notifying the public that it received OMB approval on June 17, 2015, for the new information collection requirements contained in the Commission’s rules at 47 CFR 20.21(f)(1)(iv)(A)(2). Under 5 CFR part 1320, an agency may not conduct or sponsor a collection of information unless it displays a current, valid OMB Control Number. No person shall be subject to any penalty for failing to comply with a collection of information E:\FR\FM\07JYR1.SGM 07JYR1

Agencies

[Federal Register Volume 80, Number 129 (Tuesday, July 7, 2015)]
[Rules and Regulations]
[Pages 38652-38653]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-16532]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

45 CFR Part 155

[CMS-9944-F2]
RIN 0938-AS19


Patient Protection and Affordable Care Act; HHS Notice of Benefit 
and Payment Parameters for 2016; Correcting Amendment

AGENCY: Centers for Medicare & Medicaid Services (CMS), HHS.

ACTION: Final rule; correcting amendment.

-----------------------------------------------------------------------

SUMMARY: This document corrects a technical error that appeared in the 
final rule published in the February 27, 2015 Federal Register (80 FR 
10749) entitled ``Patient Protection and Affordable Care Act; HHS 
Notice of Benefit and Payment Parameters for 2016.''

DATES: Effective Date: This correction document is effective July 7, 
2015.
    Application Date: The correction is applicable as of April 28, 
2015.

FOR FURTHER INFORMATION CONTACT: 
Jeff Wu, (301) 492-4305.
Krutika Amin, (301) 492-5153.
Lindsey Murtagh, 301-492-4106.
Rachel Arguello, 301-492-4263.

SUPPLEMENTARY INFORMATION: 

I. Background

    In FR Doc. 2015-03751 (80 FR 10749 through 10877), the final rule 
entitled

[[Page 38653]]

``Patient Protection and Affordable Care Act; HHS Notice of Benefit and 
Payment Parameters for 2016,'' there was a technical error in the 
regulation text that is identified and corrected in this correcting 
amendment.

II. Summary of Errors in the Regulation Text

    On page 10867 of the HHS Notice of Benefit and Payment Parameters 
for 2016 final rule, there was a technical error in Sec.  
155.420(d)(2)(ii). In the preamble, we acknowledged that Exchanges may 
need more time to implement the necessary functional IT changes, and 
stated that we were making Sec.  155.420(d)(2)(ii) effective January 1, 
2017. However, in the regulatory text, we inadvertently omitted the 
phrase ``Effective January 1, 2017 or earlier . . .'' before the phrase 
``at the option of the Exchange''.

III. Waiver of Proposed Rulemaking and Delay in Effective Date

    We ordinarily publish a notice of proposed rulemaking in the 
Federal Register to provide a period for public comment before the 
provisions of a rule take effect in accordance with section 553(b) of 
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). However, this 
notice and comment procedure can be waived if the Secretary finds, for 
good cause, that the notice and comment process is impracticable, 
unnecessary, or contrary to the public interest, and incorporates a 
statement of the finding and the reasons therefore in the notice.
    Section 553(d) of the APA ordinarily requires a 30-day delay in 
effective date of final rules after the date of their publication in 
the Federal Register. This 30-day delay in effective date can be 
waived, however, if an agency finds for good cause that the delay is 
impracticable, unnecessary, or contrary to the public interest, and the 
agency incorporates a statement of the findings and its reasons in the 
rule issued.
    This document corrects a technical error in the HHS Notice of 
Benefit and Payment Parameters for 2016 final rule and is not a 
substantive change to the standards set forth in the final rule. 
Therefore, we believe that undertaking further notice and comment 
procedures to incorporate this correction and delay the effective date 
for this change is unnecessary. In addition, we believe it is important 
for the public to have the correct information as soon as possible, and 
believe it is contrary to the public interest to delay when they become 
effective. For the reasons stated previously, we find there is good 
cause to waive notice and comment procedures and the 30-day delay in 
the effective date for this correction notice.

List of Subjects in 45 CFR Part 155

    Administrative practice and procedure, Health care access, Health 
insurance, Reporting and recordkeeping requirements, State and local 
governments, Cost-sharing reductions, Advance payments of premium tax 
credit, Administration and calculation of advance payments of the 
premium tax credit, Plan variations, Actuarial value.

    Accordingly, 45 CFR part 155 is corrected by making the following 
correcting amendment:

PART 155--EXCHANGE ESTABLISHMENT STANDARDS AND OTHER RELATED 
STANDARDS UNDER THE AFFORDABLE CARE ACT

0
1. The authority citation for part 155 continues to read as follows:

    Authority:  Title I of the Affordable Care Act, sections 1301, 
1302, 1303, 1304, 1311, 1312, 1313, 1321, 1322, 1331, 1332, 1334, 
1402, 1411, 1412, 1413, Pub. L. 111-148, 124 Stat. 119 (42 U.S.C. 
18021-18024, 18031-18033, 18041-18042, 18051, 18054, 18071, and 
18081-18083).

0
2. Section 155.420 is amended by revising paragraph (d)(2)(ii) to read 
as follows:


Sec.  155.420  Special enrollment periods.

* * * * *
    (d) * * *
    (2) * * *
    (ii) Effective January 1, 2017 or earlier at the option of the 
Exchange, the enrollee loses a dependent or is no longer considered a 
dependent through divorce or legal separation as defined by State law 
in the State in which the divorce or legal separation occurs, or if the 
enrollee, or his or her dependent, dies.
* * * * *

    Dated: June 29, 2015.
Madhura Valverde,
Executive Secretary to the Department, Department of Health and Human 
Services.
[FR Doc. 2015-16532 Filed 7-6-15; 8:45 am]
BILLING CODE 4120-01-P
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