Requirements Related to Surprise Billing; Part II, 55756-55757 [2021-21419]
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Federal Register / Vol. 86, No. 192 / Thursday, October 7, 2021 / Proposed Rules
Environmental Review
The Proposed Amendment
This proposal will be subject to an
environmental analysis in accordance
with FAA Order 1050.1F,
‘‘Environmental Impacts: Policies and
Procedures’’ prior to any FAA final
regulatory action.
In consideration of the foregoing, the
Federal Aviation Administration
proposes to amend 14 CFR part 71 as
follows:
List of Subjects in 14 CFR Part 71
Airspace, Incorporation by reference,
Navigation (air).
PART 71—DESIGNATION OF CLASS A,
B, C, D, AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND
REPORTING POINTS
1. The authority citation for part 71
continues to read as follows:
■
T–275 ZIKNI, AK to Unalakleet,
ZIKNI, AK
BETHEL, AK (BET)
DAVBE, AK
UNALAKLEET, AK (UNK)
*
*
*
*
*
Issued in Washington, DC, on September
30, 2021.
Michael R. Beckles,
Acting Manager, Rules and Regulations
Group.
[FR Doc. 2021–21861 Filed 10–6–21; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF THE TREASURY
AK [Amended]
WP
VORTAC
WP
VOR/DME
(Lat.
(Lat.
(Lat.
(Lat.
58°39′21.69″
60°47′05.41″
61°50′52.64″
63°53′30.99″
N,
N,
N,
N,
long.
long.
long.
long.
Management (OPM), the Employee
Benefits Security Administration of the
Department of Labor (DOL), and the
Center for Medicare & Medicaid
Services of the Department of Health
and Human Services (HHS) are issuing
substantially similar interim final rules
with request for comments. The text of
those temporary regulations also serves
as the text of these proposed
regulations.
DATES:
Internal Revenue Service
26 CFR Part 54
[REG–107707–21]
RIN 1545–BQ02
Requirements Related to Surprise
Billing; Part II
Internal Revenue Service,
Department of the Treasury.
ACTION: Notice of proposed rulemaking.
AGENCY:
The Department of the
Treasury (Treasury Department) and
Internal Revenue Service (IRS) are
proposing regulations that provide for a
federal independent dispute resolution
(IDR) process to permit group health
plans and nonparticipating providers,
facilities, and providers of air
ambulance services to determine the
out-of-network rate for items and
services that are emergency services,
nonemergency services furnished by
nonparticipating providers at
participating facilities, and air
ambulance services furnished by
nonparticipating providers of air
ambulance services, under certain
circumstances. Elsewhere in this issue
of the Federal Register, the IRS is
issuing the temporary regulations that
correspond to this proposal at the same
time that the Office of Personnel
lotter on DSK11XQN23PROD with PROPOSALS1
SUMMARY:
VerDate Sep<11>2014
16:52 Oct 06, 2021
Jkt 256001
Comment date: To be assured
consideration, comments must be
received at one of the addresses
provided below, no later than 5 p.m. on
December 6, 2021.
Applicability date: It is proposed that
these regulations apply for plan years
beginning on or after January 1, 2022.
ADDRESSES: In commenting, please refer
to file code REG–107707–21. Comments,
including mass comment submissions,
must be submitted in one of the
following two ways (please choose only
one of the ways listed):
1. Electronically. You may submit
electronic comments on this regulation
to https://www.regulations.gov. Follow
the ‘‘Submit a comment’’ instructions.
2. By mail. You may mail written
comments to the following address
ONLY: Office of Health Plan Standards
and Compliance Assistance, Employee
Benefits Security Administration, U.S.
Department of Labor, 200 Constitution
Avenue NW, Room N–5653,
Washington, DC 20210, Attention: RIN
1210–AB00.
Please allow sufficient time for mailed
comments to be received before the
close of the comment period.
FOR FURTHER INFORMATION CONTACT: Kari
DiCecco, (202) 317–5500, Internal
Revenue Service, Department of the
Treasury.
PO 00000
Frm 00010
Fmt 4702
Sfmt 4702
Authority: 49 U.S.C. 106(f), 106(g); 40103,
40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR,
1959–1963 Comp., p. 389.
§ 71.1
[Amended]
2. The incorporation by reference in
14 CFR 71.1 of FAA Order JO 7400.11F,
Airspace Designations and Reporting
Points, dated August 10, 2021, and
effective September 15, 2021, is
amended as follows:
■
Paragraph 6011 United States Area
Navigation Routes.
*
*
162°04′25.48″
161°49′27.59″
161°30′41.89″
160°41′03.39″
*
*
*
W)
W)
W)
W)
Inspection
of Public Comments: All comments
received before the close of the
comment period are available for
viewing by the public, including any
personally identifiable or confidential
business information that is included in
a comment. We post all comments
received before the close of the
comment period on the following
website as soon as possible after they
have been received: https://
regulations.gov. Follow the search
instructions on that website to view
public comments.
SUPPLEMENTARY INFORMATION:
Background and Regulatory Impact
Analysis
The Treasury Department and the IRS
propose to amend paragraphs (a), (c),
(d), and (g) of § 54.9815–2719 of the
Miscellaneous Excise Tax Regulations to
expand the scope of claims eligible for
external review to include adverse
benefit determinations related to
compliance with the surprise billing
and cost-sharing protections under the
No Surprises Act.
The Treasury Department and the IRS
also propose to add §§ 54.9816–8 and
54.9817–2 to establish a federal IDR
process that nonparticipating providers
or facilities, nonparticipating providers
of air ambulance services, and group
health plans may use following the end
of an unsuccessful open negotiation
period to determine the out-of-network
rate for certain services.
The temporary regulations published
elsewhere in this issue of the Federal
Register add §§ 54.9815–2719T,
54.9816–8T, and 54.9817–2T. The
proposed and temporary regulations are
being published as part of a joint
rulemaking with the OPM, DOL, and
HHS. The text of temporary sections
added elsewhere also serves as the text
of the corresponding sections proposed
E:\FR\FM\07OCP1.SGM
07OCP1
Federal Register / Vol. 86, No. 192 / Thursday, October 7, 2021 / Proposed Rules
in this document. The preamble to the
temporary regulations contains the
agency’s rationale and provides a
regulatory impact analysis.
Drafting Information
The principal author of this notice of
proposed rulemaking is Kari DiCecco,
Office of Associate Chief Counsel
(Employee Benefits, Exempt
Organizations and Employment Taxes).
The proposed regulations, as well as the
temporary regulations, have been
developed in coordination with
personnel from the OPM, DOL, and
HHS.
§ 54.9817–2 Independent dispute
resolution process for air ambulance
services.
[The text of proposed § 54.9817–2 is
the same as the text of § 54.9817–2T
published elsewhere in this issue of the
Federal Register].
Douglas W. O’Donnell,
Deputy Commissioner for Services and
Enforcement.
[FR Doc. 2021–21419 Filed 9–30–21; 4:15 pm]
BILLING CODE 4830–01–P
COUNCIL ON ENVIRONMENTAL
QUALITY
List of Subjects in 26 CFR Part 54
Excise taxes, Pensions, Reporting and
recordkeeping requirements.
National Environmental Policy Act
Implementing Regulations Revisions
Accordingly, 26 CFR part 54 is
proposed to be amended as follows:
Council on Environmental
Quality.
ACTION: Notice of proposed rulemaking.
AGENCY:
PART 54—PENSION EXCISE TAXES
Paragraph. 1. The general authority
citation for part 54 continues to read as
follows:
■
Authority: 26 U.S.C. 7805, unless
otherwise noted.
*
*
*
*
*
■ Par. 2. Section 54.9815–2719 is
amended by revising paragraphs (a), (c),
(d), and (g) to read as follows:
lotter on DSK11XQN23PROD with PROPOSALS1
§ 54.9815–2719 Internal claims and
appeals and external review processes.
[The text of proposed § 54.9815–
2719(a), (c), (d), and (g) is the same as
the text of § 54.9815–2719T(a), (c), (d),
and (g) published elsewhere in this
issue of the Federal Register].
■ Par. 3. Section 54.9816–1 is added to
read as follows:
[The text of proposed § 54.9816–1 is
the same as the text of § 54.9816–1T
published elsewhere in this issue of the
Federal Register].
■ Par. 4. Section 54.9816–2(a) and (b) is
added to read as follows:
[The text of proposed § 54.9816–2(a)
and (b) is the same as the text of
§ 54.9816–2T(a) and (b) published
elsewhere in this issue of the Federal
Register].
■ Par. 5. Sections 54.9816–8 and
54.9817–2 are added to read as follows:
§ 54.9816–8 Independent dispute
resolution process.
[The text of proposed § 54.9816–8 is
the same as the text of § 54.9816–8T
published elsewhere in this issue of the
Federal Register].
16:52 Oct 06, 2021
Jkt 256001
[CEQ–2021–0002]
RIN 0331–AA05
Proposed Amendments to the
Regulations
VerDate Sep<11>2014
40 CFR Parts 1502, 1507, and 1508
The Council on
Environmental Quality (CEQ) is
proposing to modify certain aspects of
its regulations for implementing the
procedural provisions of the National
Environmental Policy Act (NEPA) to
generally restore regulatory provisions
that were in effect for decades before
being modified in 2020. CEQ proposes
these changes in order to better align the
provisions with CEQ’s extensive
experience implementing NEPA, in
particular its perspective on how NEPA
can best inform agency decision making,
as well as longstanding Federal agency
experience and practice, NEPA’s
statutory text and purpose, including
making decisions informed by science,
and case law interpreting NEPA’s
requirements. The proposed rule would
restore provisions addressing the
purpose and need of a proposed action,
agency NEPA procedures for
implementing CEQ’s NEPA regulations,
and the definition of ‘‘effects.’’ CEQ
invites comments on the proposed
revisions.
SUMMARY:
DATES:
Comments: CEQ must receive
comments by November 22, 2021.
Public meeting: CEQ will conduct two
online public meetings for the proposed
rule on Tuesday, October 19, 2021, from
1 to 4 p.m. EDT, and Thursday, October
21, 2021 from 5 to 8 p.m. EDT. To
register for the meetings, please visit
CEQ’s website at www.nepa.gov.
ADDRESSES: You may submit comments,
identified by docket number CEQ–
PO 00000
Frm 00011
Fmt 4702
Sfmt 4702
55757
2021–0002, by any of the following
methods:
D Federal eRulemaking Portal:
https://www.regulations.gov. Follow the
instructions for submitting comments.
D Fax: 202–456–6546.
D Mail: Council on Environmental
Quality, 730 Jackson Place NW,
Washington, DC 20503.
Instructions: All submissions received
must include the agency name,
‘‘Council on Environmental Quality,’’
and docket number, CEQ–2021–0002,
for this rulemaking. All comments
received will be posted without change
to https://www.regulations.gov,
including any personal information
provided. Do not submit electronically
any information you consider to be
private, Confidential Business
Information (CBI), or other information,
the disclosure of which is restricted by
statute.
Docket: For access to the docket to
read background documents or
comments received, go to https://
www.regulations.gov.
FOR FURTHER INFORMATION CONTACT:
Amy B. Coyle, Deputy General Counsel,
202–395–5750, Amy.B.Coyle@
ceq.eop.gov.
SUPPLEMENTARY INFORMATION:
I. Background
On January 1, 1970, President Nixon
signed into law the National
Environmental Policy Act of 1969
(NEPA), 42 U.S.C. 4321 et seq. Congress
enacted NEPA by a unanimous vote in
the Senate and a nearly unanimous vote
in the House 1 to declare a national
policy to promote environmental
protection for present and future
generations. NEPA was established to
‘‘encourage productive and enjoyable
harmony’’ between humans and the
environment; to promote efforts that
will prevent or eliminate damage to the
environment and biosphere and
stimulate the health and welfare of
people; and to enrich the understanding
of the ecological systems and natural
resources important to the Nation. 42
U.S.C. 4321.
To achieve these objectives, NEPA
makes it the continuing policy of the
Federal Government to use all
practicable means and measures to
create and maintain conditions under
which humans and nature can exist in
productive harmony and fulfill the
social, economic, and other
requirements of present and future
1 See Linda Luther, Cong. Rsch. Serv., RL33152,
The National Environmental Policy Act:
Background and Implementation (2008), https://
crsreports.congress.gov/product/details?prodcode=
RL33152.
E:\FR\FM\07OCP1.SGM
07OCP1
]]>Agencies
[Federal Register Volume 86, Number 192 (Thursday, October 7, 2021)]
[Proposed Rules]
[Pages 55756-55757]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-21419]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF THE TREASURY
Internal Revenue Service
26 CFR Part 54
[REG-107707-21]
RIN 1545-BQ02
Requirements Related to Surprise Billing; Part II
AGENCY: Internal Revenue Service, Department of the Treasury.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Department of the Treasury (Treasury Department) and
Internal Revenue Service (IRS) are proposing regulations that provide
for a federal independent dispute resolution (IDR) process to permit
group health plans and nonparticipating providers, facilities, and
providers of air ambulance services to determine the out-of-network
rate for items and services that are emergency services, nonemergency
services furnished by nonparticipating providers at participating
facilities, and air ambulance services furnished by nonparticipating
providers of air ambulance services, under certain circumstances.
Elsewhere in this issue of the Federal Register, the IRS is issuing the
temporary regulations that correspond to this proposal at the same time
that the Office of Personnel Management (OPM), the Employee Benefits
Security Administration of the Department of Labor (DOL), and the
Center for Medicare & Medicaid Services of the Department of Health and
Human Services (HHS) are issuing substantially similar interim final
rules with request for comments. The text of those temporary
regulations also serves as the text of these proposed regulations.
DATES:
Comment date: To be assured consideration, comments must be
received at one of the addresses provided below, no later than 5 p.m.
on December 6, 2021.
Applicability date: It is proposed that these regulations apply for
plan years beginning on or after January 1, 2022.
ADDRESSES: In commenting, please refer to file code REG-107707-21.
Comments, including mass comment submissions, must be submitted in one
of the following two ways (please choose only one of the ways listed):
1. Electronically. You may submit electronic comments on this
regulation to https://www.regulations.gov. Follow the ``Submit a
comment'' instructions.
2. By mail. You may mail written comments to the following address
ONLY: Office of Health Plan Standards and Compliance Assistance,
Employee Benefits Security Administration, U.S. Department of Labor,
200 Constitution Avenue NW, Room N-5653, Washington, DC 20210,
Attention: RIN 1210-AB00.
Please allow sufficient time for mailed comments to be received
before the close of the comment period.
FOR FURTHER INFORMATION CONTACT: Kari DiCecco, (202) 317-5500, Internal
Revenue Service, Department of the Treasury.
SUPPLEMENTARY INFORMATION: Inspection of Public Comments: All comments
received before the close of the comment period are available for
viewing by the public, including any personally identifiable or
confidential business information that is included in a comment. We
post all comments received before the close of the comment period on
the following website as soon as possible after they have been
received: https://regulations.gov. Follow the search instructions on
that website to view public comments.
Background and Regulatory Impact Analysis
The Treasury Department and the IRS propose to amend paragraphs
(a), (c), (d), and (g) of Sec. 54.9815-2719 of the Miscellaneous
Excise Tax Regulations to expand the scope of claims eligible for
external review to include adverse benefit determinations related to
compliance with the surprise billing and cost-sharing protections under
the No Surprises Act.
The Treasury Department and the IRS also propose to add Sec. Sec.
54.9816-8 and 54.9817-2 to establish a federal IDR process that
nonparticipating providers or facilities, nonparticipating providers of
air ambulance services, and group health plans may use following the
end of an unsuccessful open negotiation period to determine the out-of-
network rate for certain services.
The temporary regulations published elsewhere in this issue of the
Federal Register add Sec. Sec. 54.9815-2719T, 54.9816-8T, and 54.9817-
2T. The proposed and temporary regulations are being published as part
of a joint rulemaking with the OPM, DOL, and HHS. The text of temporary
sections added elsewhere also serves as the text of the corresponding
sections proposed
[[Page 55757]]
in this document. The preamble to the temporary regulations contains
the agency's rationale and provides a regulatory impact analysis.
Drafting Information
The principal author of this notice of proposed rulemaking is Kari
DiCecco, Office of Associate Chief Counsel (Employee Benefits, Exempt
Organizations and Employment Taxes). The proposed regulations, as well
as the temporary regulations, have been developed in coordination with
personnel from the OPM, DOL, and HHS.
List of Subjects in 26 CFR Part 54
Excise taxes, Pensions, Reporting and recordkeeping requirements.
Proposed Amendments to the Regulations
Accordingly, 26 CFR part 54 is proposed to be amended as follows:
PART 54--PENSION EXCISE TAXES
0
Paragraph. 1. The general authority citation for part 54 continues to
read as follows:
Authority: 26 U.S.C. 7805, unless otherwise noted.
* * * * *
0
Par. 2. Section 54.9815-2719 is amended by revising paragraphs (a),
(c), (d), and (g) to read as follows:
Sec. 54.9815-2719 Internal claims and appeals and external review
processes.
[The text of proposed Sec. 54.9815-2719(a), (c), (d), and (g) is
the same as the text of Sec. 54.9815-2719T(a), (c), (d), and (g)
published elsewhere in this issue of the Federal Register].
0
Par. 3. Section 54.9816-1 is added to read as follows:
[The text of proposed Sec. 54.9816-1 is the same as the text of
Sec. 54.9816-1T published elsewhere in this issue of the Federal
Register].
0
Par. 4. Section 54.9816-2(a) and (b) is added to read as follows:
[The text of proposed Sec. 54.9816-2(a) and (b) is the same as the
text of Sec. 54.9816-2T(a) and (b) published elsewhere in this issue
of the Federal Register].
0
Par. 5. Sections 54.9816-8 and 54.9817-2 are added to read as follows:
Sec. 54.9816-8 Independent dispute resolution process.
[The text of proposed Sec. 54.9816-8 is the same as the text of
Sec. 54.9816-8T published elsewhere in this issue of the Federal
Register].
Sec. 54.9817-2 Independent dispute resolution process for air
ambulance services.
[The text of proposed Sec. 54.9817-2 is the same as the text of
Sec. 54.9817-2T published elsewhere in this issue of the Federal
Register].
Douglas W. O'Donnell,
Deputy Commissioner for Services and Enforcement.
[FR Doc. 2021-21419 Filed 9-30-21; 4:15 pm]
BILLING CODE 4830-01-P
