Medicaid Program; Delay of Effective Date for Provision Relating to Manufacturer Reporting of Multiple Best Prices Connected to a Value Based Purchasing Arrangement; Delay of Inclusion of Territories in Definition of States and United States; Correction, 71582-71583 [2021-27452]
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71582
Federal Register / Vol. 86, No. 240 / Friday, December 17, 2021 / Rules and Regulations
could be achieved by reliance on
regulatory requirements alone.
5. Targeted Technical Assistance to
Communities With High Drinking Water
Lead Levels
While EPA will propose important
changes to the regulation of lead in
drinking water, it is critical for systems
to conduct proper sampling for lead and
maintain the water chemistry needed to
minimize lead corrosion under existing
rules. EPA will collaborate with states to
provide oversight of these critical
provisions as well as provide assistance
to low income and other historically
disadvantaged communities
experiencing high levels of lead in their
drinking water because they are
disproportionately served by LSLs.
Communities impacted by lead in
drinking water participating in the
LCRR virtual engagements emphasized
the need for financial and technical
assistance. In collaboration with our
state and tribal coregulators, EPA
intends to provide targeted technical
assistance to community water systems
to reduce lead exposure.
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6. Improving Risk Communication Tools
Throughout the LCRR virtual
engagements, EPA received feedback
that risk communication about lead in
drinking water must be improved and
that water utilities need support to
develop effective communication
materials. EPA intends to develop
guidance and templates to assist states,
tribes, and water systems in the
communication of lead risk to
householdsand communities.
Additionally, EPA intends to propose
revisions to the Consumer Confidence
Report Rule (40 CFR 141, subpart O)
which will include requirements related
to providing information on corrosion
control efforts and on lead action level
exceedances when corrective action is
needed.
7. Providing Guidance on How To
Create a Lead Service Line Inventory
To further advance the proactive
replacement of LSLs, EPA will pursue
research to use data analytics and other
methods to accelerate and improve the
process of identifying LSLs. EPA
intends to publish inventory
development guidance to assist water
systems, states, and tribes by providing
best practices, case studies, and
templates. The guidance will address
issues raised by commenters including
the use of statistical models to help
determine LSL locations, classification
of unknowns, goosenecks, and
galvanized plumbing, best practices for
service line material verification,
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17:36 Dec 16, 2021
Jkt 256001
inventory form and format, inventory
accessibility, tools to support inventory
development and data tracking, and
how LSL identification may be
prioritized. EPA is also updating the
Safe Drinking Water Information
System, including all relevant
components, to support state and tribal
data management needs for LSL
inventories.
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
8. Discourage Partial LSLR and
Encourage Full LSLR
Medicaid Program; Delay of Effective
Date for Provision Relating to
Manufacturer Reporting of Multiple
Best Prices Connected to a Value
Based Purchasing Arrangement; Delay
of Inclusion of Territories in Definition
of States and United States; Correction
Partial LSLRs can cause short-term
elevation of lead concentrations in
drinking water and further extend lead
health risk from service lines because a
portion of the lead line remains in
service. EPA strongly discourages water
systems from conducting partial LSLR.
EPA recommends systems proactively
implement full LSLR programs. The
agency also expects water systems to
effectively inform and engage customers
during LSLR and provide outreach and
filters to residents with LSLs for six
months following replacements. EPA
also recommends that LSLR programs
prioritize the most vulnerable
populations by focusing on schools,
child-care facilities, homes where
children are living, other locations
where children are present, and
households of those who historically
have been disproportionately exposed to
lead from water and other media.
EPA will provide training and
guidance on LSLR program
development and available methods for
replacing LSL as safely and efficiently
as possible. EPA also will provide tools,
best practices, and case studies for
systems to set up voluntary LSLR
programs and to implement required
ones. The agency will update the
document Funding and Technical
Resources for Lead Service Line
Replacement in Small and
Disadvantaged Communities,16 and
promote awareness of funding and
financing that can be used for LSLR,
including the replacement of the
customer-owned portion of the service
line. All the agency’s communications
will describe the risks posed by partial
LSLR and mitigation measures to reduce
elevated water lead concentrations.
Michael S. Regan,
Administrator.
[FR Doc. 2021–27457 Filed 12–16–21; 8:45 am]
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16 https://www.epa.gov/sites/default/files/202012/documents/ej_lslr_funding_sources-final.pdf.
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Centers for Medicare & Medicaid
Services
42 CFR Part 447
[CMS–2482–CN]
RIN 0938–AT82
Centers for Medicare &
Medicaid Services (CMS), HHS.
ACTION: Final rule; correction.
AGENCY:
This document corrects
technical errors in the final rule that
appeared in the November 19, 2021
Federal Register entitled, ‘‘Medicaid
Program; Delay of Effective Date for
Provision Relating to Manufacturer
Reporting of Multiple Best Prices
Connected to a Value Based Purchasing
Arrangement; Delay of Inclusion of
Territories in Definition of States and
United States.’’
DATES: Effective December 20, 2021.
FOR FURTHER INFORMATION CONTACT:
Christine Hinds, (410) 786–4578.
SUPPLEMENTARY INFORMATION:
SUMMARY:
I. Background
In FR Doc. 2021–25009 (86 FR 64819),
the final rule entitled, ‘‘Medicaid
Program; Delay of Effective Date for
Provision Relating to Manufacturer
Reporting of Multiple Best Prices
Connected to a Value Based Purchasing
Arrangement; Delay of Inclusion of
Territories in Definition of States and
United States’’ there were technical
errors that are identified and corrected
in this correcting document. These
corrections are applicable as of
December 16, 2021.
II. Summary of Errors
A. Summary of Errors in the Preamble
On page 64819 of the Medicaid
Program; Delay of Effective Date for
Provision Relating to Manufacturer
Reporting of Multiple Best Prices
Connected to a Value Based Purchasing
Arrangement; Delay of Inclusion of
Territories in Definition of States and
United States final rule, we
inadvertently omitted the delayed
effective date of the revised definition of
‘‘Best price’’ at § 447.505(a), which was
previously published in the December
E:\FR\FM\17DER1.SGM
17DER1
Federal Register / Vol. 86, No. 240 / Friday, December 17, 2021 / Rules and Regulations
31, 2020 Federal Register (85 FR 87000)
in instruction 10.a.
jspears on DSK121TN23PROD with RULES1
B. Summary of Errors in the Regulatory
Text
On page 64825, we inadvertently
included amendatory instruction 3.
III. Waiver of Proposed Rulemaking
and Delay in Effective Date
Under 5 U.S.C. 553(b) of the
Administrative Procedure Act (the
APA), the agency is required to publish
a notice of the proposed rule in the
Federal Register before the provisions
of a rule take effect. In addition, section
553(d) of the APA mandates a 30-day
delay in effective date after issuance or
publication of a substantive rule.
Sections 553(b)(B) and 553(d)(3) of the
APA provide for exceptions from the
APA notice and comment, and delay in
effective date requirements. Section
553(b)(B) of the APA authorizes an
agency to dispense with normal notice
and comment rulemaking procedures
for good cause if the agency makes a
finding that the notice and comment
process is impracticable, unnecessary,
or contrary to the public interest, and
includes a statement of the finding and
the reasons for it in the rule. Similarly,
section 553(d)(3) of the APA allows the
agency to avoid the 30-day delay in
effective date where good cause is found
and the agency includes in the rule a
statement of the finding and the reasons
for it. In our view, this correcting
document does not constitute a
rulemaking that would be subject to
these requirements.
This document merely corrects
technical errors in the Medicaid
Program; Delay of Effective Date for
Provision Relating to Manufacturer
Reporting of Multiple Best Prices
Connected to a Value Based Purchasing
Arrangement; Delay of Inclusion of
Territories in Definition of States and
United States final rule. The corrections
contained in this document are
consistent with, and do not make
substantive changes to, the policies that
were proposed, subject to notice and
comment procedures, and adopted in
the Medicaid Program; Delay of
Effective Date for Provision Relating to
Manufacturer Reporting of Multiple Best
Prices Connected to a Value Based
Purchasing Arrangement; Delay of
Inclusion of Territories in Definition of
States and United States final rule. As
a result, the corrections made through
this correcting document are intended
to resolve inadvertent errors so that the
rule accurately reflects the policies
adopted in the final rule. Even if this
were a rulemaking to which the notice
and comment and delayed effective date
VerDate Sep<11>2014
17:36 Dec 16, 2021
Jkt 256001
requirements applied, we find that there
is good cause to waive such
requirements. Undertaking further
notice and comment procedures to
incorporate the corrections in this
document into the Medicaid Program;
Delay of Effective Date for Provision
Relating to Manufacturer Reporting of
Multiple Best Prices Connected to a
Value Based Purchasing Arrangement;
Delay of Inclusion of Territories in
Definition of States and United States
final rule or delaying the effective date
of the corrections would be contrary to
the public interest because it is in the
public interest to ensure that the rule
accurately reflects our policies as of the
date they take effect. Further, such
procedures would be unnecessary
because we are not making any
substantive revisions to the final rule,
but rather, we are simply correcting the
Federal Register document to reflect the
effective date for the policies that we
previously proposed, received public
comment on, and subsequently finalized
in the final rule. For these reasons, we
believe there is good cause to waive the
requirements for notice and comment
and delay in effective date.
IV. Correction of Errors
In FR Doc. 2021–25009 (86 FR 64819),
make the following corrections:
A. Correction of Errors in the Preamble
On page 64819 in the second column,
correct the DATES section to read:
This rule is effective December
20, 2021. As of December 20, 2021, the
effective date of amendatory instruction
10.a. of the final rule published
December 31, 2020 at 85 FR 87000 of
January 1, 2022 is delayed until July 1,
2022.
DATES:
B. Correction of Errors in the Regulatory
Text
§ 447.505
■
[Corrected]
On page 64825, remove instruction 3.
Karuna Seshasai,
Executive Secretary to the Department,
Department of Health and Human Services.
[FR Doc. 2021–27452 Filed 12–16–21; 8:45 am]
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71583
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 300
[RTID 0648–XB534]
Fraser River Pink Salmon Fisheries;
Inseason Orders
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; inseason
orders.
AGENCY:
NMFS publishes Fraser River
salmon inseason orders to regulate tribal
treaty (treaty Indian) and non-tribal (all
citizen) commercial salmon fisheries in
U.S. waters. The orders were issued by
the Fraser River Panel (Panel) of the
Pacific Salmon Commission
(Commission) and subsequently
approved and issued by NMFS during
2021 for pink salmon fisheries within
the U.S. Fraser River Panel Area. These
orders established fishing dates, times,
and areas for the gear types of U.S.
treaty Indian and all citizen commercial
fisheries during the period the Panel
exercised jurisdiction over these
fisheries.
DATES: The effective dates for the
inseason orders are set out in this
document under the heading Inseason
Orders.
FOR FURTHER INFORMATION CONTACT:
Anthony Siniscal at 971–322–8407,
Email: Anthony.siniscal@noaa.gov.
SUPPLEMENTARY INFORMATION: The
Treaty between the Government of the
United States of America and the
Government of Canada concerning
Pacific salmon was signed at Ottawa on
January 28, 1985, and subsequently was
given effect in the United States by the
Pacific Salmon Treaty Act (Act) at 16
U.S.C. 3631–3644.
Under authority of the Act, Federal
regulations at 50 CFR part 300, subpart
F, provide a framework for the
implementation of certain regulations of
the Commission and inseason orders of
the Commission’s Panel for U.S. sockeye
and pink salmon fisheries in the Fraser
River Panel Area.
The regulations close the U.S. portion
of the Panel Area to U.S. sockeye and
pink salmon tribal and non-tribal
commercial fishing unless opened by
Panel regulations that are given effect by
inseason orders issued by NMFS (50
CFR 300.94(a)(1)). During the fishing
season, NMFS may issue inseason
orders that establish fishing times and
SUMMARY:
E:\FR\FM\17DER1.SGM
17DER1
]]>Agencies
[Federal Register Volume 86, Number 240 (Friday, December 17, 2021)]
[Rules and Regulations]
[Pages 71582-71583]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-27452]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Centers for Medicare & Medicaid Services
42 CFR Part 447
[CMS-2482-CN]
RIN 0938-AT82
Medicaid Program; Delay of Effective Date for Provision Relating
to Manufacturer Reporting of Multiple Best Prices Connected to a Value
Based Purchasing Arrangement; Delay of Inclusion of Territories in
Definition of States and United States; Correction
AGENCY: Centers for Medicare & Medicaid Services (CMS), HHS.
ACTION: Final rule; correction.
-----------------------------------------------------------------------
SUMMARY: This document corrects technical errors in the final rule that
appeared in the November 19, 2021 Federal Register entitled, ``Medicaid
Program; Delay of Effective Date for Provision Relating to Manufacturer
Reporting of Multiple Best Prices Connected to a Value Based Purchasing
Arrangement; Delay of Inclusion of Territories in Definition of States
and United States.''
DATES: Effective December 20, 2021.
FOR FURTHER INFORMATION CONTACT: Christine Hinds, (410) 786-4578.
SUPPLEMENTARY INFORMATION:
I. Background
In FR Doc. 2021-25009 (86 FR 64819), the final rule entitled,
``Medicaid Program; Delay of Effective Date for Provision Relating to
Manufacturer Reporting of Multiple Best Prices Connected to a Value
Based Purchasing Arrangement; Delay of Inclusion of Territories in
Definition of States and United States'' there were technical errors
that are identified and corrected in this correcting document. These
corrections are applicable as of December 16, 2021.
II. Summary of Errors
A. Summary of Errors in the Preamble
On page 64819 of the Medicaid Program; Delay of Effective Date for
Provision Relating to Manufacturer Reporting of Multiple Best Prices
Connected to a Value Based Purchasing Arrangement; Delay of Inclusion
of Territories in Definition of States and United States final rule, we
inadvertently omitted the delayed effective date of the revised
definition of ``Best price'' at Sec. 447.505(a), which was previously
published in the December
[[Page 71583]]
31, 2020 Federal Register (85 FR 87000) in instruction 10.a.
B. Summary of Errors in the Regulatory Text
On page 64825, we inadvertently included amendatory instruction 3.
III. Waiver of Proposed Rulemaking and Delay in Effective Date
Under 5 U.S.C. 553(b) of the Administrative Procedure Act (the
APA), the agency is required to publish a notice of the proposed rule
in the Federal Register before the provisions of a rule take effect. In
addition, section 553(d) of the APA mandates a 30-day delay in
effective date after issuance or publication of a substantive rule.
Sections 553(b)(B) and 553(d)(3) of the APA provide for exceptions from
the APA notice and comment, and delay in effective date requirements.
Section 553(b)(B) of the APA authorizes an agency to dispense with
normal notice and comment rulemaking procedures for good cause if the
agency makes a finding that the notice and comment process is
impracticable, unnecessary, or contrary to the public interest, and
includes a statement of the finding and the reasons for it in the rule.
Similarly, section 553(d)(3) of the APA allows the agency to avoid the
30-day delay in effective date where good cause is found and the agency
includes in the rule a statement of the finding and the reasons for it.
In our view, this correcting document does not constitute a rulemaking
that would be subject to these requirements.
This document merely corrects technical errors in the Medicaid
Program; Delay of Effective Date for Provision Relating to Manufacturer
Reporting of Multiple Best Prices Connected to a Value Based Purchasing
Arrangement; Delay of Inclusion of Territories in Definition of States
and United States final rule. The corrections contained in this
document are consistent with, and do not make substantive changes to,
the policies that were proposed, subject to notice and comment
procedures, and adopted in the Medicaid Program; Delay of Effective
Date for Provision Relating to Manufacturer Reporting of Multiple Best
Prices Connected to a Value Based Purchasing Arrangement; Delay of
Inclusion of Territories in Definition of States and United States
final rule. As a result, the corrections made through this correcting
document are intended to resolve inadvertent errors so that the rule
accurately reflects the policies adopted in the final rule. Even if
this were a rulemaking to which the notice and comment and delayed
effective date requirements applied, we find that there is good cause
to waive such requirements. Undertaking further notice and comment
procedures to incorporate the corrections in this document into the
Medicaid Program; Delay of Effective Date for Provision Relating to
Manufacturer Reporting of Multiple Best Prices Connected to a Value
Based Purchasing Arrangement; Delay of Inclusion of Territories in
Definition of States and United States final rule or delaying the
effective date of the corrections would be contrary to the public
interest because it is in the public interest to ensure that the rule
accurately reflects our policies as of the date they take effect.
Further, such procedures would be unnecessary because we are not making
any substantive revisions to the final rule, but rather, we are simply
correcting the Federal Register document to reflect the effective date
for the policies that we previously proposed, received public comment
on, and subsequently finalized in the final rule. For these reasons, we
believe there is good cause to waive the requirements for notice and
comment and delay in effective date.
IV. Correction of Errors
In FR Doc. 2021-25009 (86 FR 64819), make the following
corrections:
A. Correction of Errors in the Preamble
On page 64819 in the second column, correct the DATES section to
read:
DATES: This rule is effective December 20, 2021. As of December 20,
2021, the effective date of amendatory instruction 10.a. of the final
rule published December 31, 2020 at 85 FR 87000 of January 1, 2022 is
delayed until July 1, 2022.
B. Correction of Errors in the Regulatory Text
Sec. 447.505 [Corrected]
0
On page 64825, remove instruction 3.
Karuna Seshasai,
Executive Secretary to the Department, Department of Health and Human
Services.
[FR Doc. 2021-27452 Filed 12-16-21; 8:45 am]
BILLING CODE P
