Medicare Program; Medicare Secondary Payer and Certain Civil Money Penalties; Correction, 82786-82787 [2023-25696]
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Federal Register / Vol. 88, No. 226 / Monday, November 27, 2023 / Rules and Regulations
submit a report containing this rule 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. This action is not a ‘‘major
rule’’ as defined by 5 U.S.C. 804(2).
List of Subjects in 40 CFR Part 180
Environmental protection,
Administrative practice and procedure,
Agricultural commodities, Pesticides
and pests, Reporting and recordkeeping
requirements.
Dated: November 16, 2023.
Charles Smith,
Director, Registration Division, Office of
Pesticide Programs.
metabolite MT–2153 [1-ethyl-5hydroxy-1H-pyrazol-4-yl-3-(2methoxyethoxy)-4-mesyl-2methylphenyl ketone], in or on the
livestock commodities in table 2 to this
paragraph (a)(2). Compliance with the
tolerance levels specified in table 2 to
this paragraph (a)(2) is to be determined
by measuring tolpyralate, 1-[[1-ethyl-4[3-(2-methoxyethoxy)-2-methyl-4(methylsulfonyl)benzoyl]-1H-pyrazol-5yl]oxy]ethyl methyl carbonate and
metabolite MT–2153 [1-ethyl-5hydroxy-1H-pyrazol-4-yl-3-(2methoxyethoxy)-4-mesyl-2methylphenyl ketone], in or on the
commodity.
TABLE 2 TO PARAGRAPH (a)(2)
Therefore, for the reasons stated in the
preamble, EPA is amending 40 CFR
chapter I as follows:
PART 180—TOLERANCES AND
EXEMPTIONS FOR PESTICIDE
CHEMICAL RESIDUES IN FOOD
Cattle, byproducts .......................
Goat, byproducts ........................
Horse, byproducts ......................
Sheep, byproducts ......................
*
1. The authority citation for part 180
continues to read as follows:
■
Parts per
million
Commodity
*
*
*
*
[FR Doc. 2023–25871 Filed 11–24–23; 8:45 am]
Authority: 21 U.S.C. 321(q), 346a and 371.
2. Amend § 180.696 by:
a. Designating the introductory text of
paragraph (a) as paragraph (a)(1) and the
table in newly designated paragraph
(a)(1) as table 1 to paragraph (a)(1).
■ b. Adding, in alphabetical order, in
newly designated table 1 to paragraph
(a)(1), the entries ‘‘Barley, grain’’;
‘‘Barley, hay’’; ‘‘Barley, straw’’; ‘‘Wheat,
forage’’; ‘‘Wheat, grain’’; ‘‘Wheat, hay’’;
and ‘‘Wheat, straw’’.
■ c. Add paragraph (a)(2).
The additions read as follows:
■
■
§ 180.696 Tolpyralate; tolerances for
residues.
BILLING CODE 6560–50–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Centers for Medicare & Medicaid
Services
42 CFR Part 402
Office of the Secretary
45 CFR Part 102
[CMS–6061–CN]
RIN 0938–AT86
(a) * * *
(1) * * *
Medicare Program; Medicare
Secondary Payer and Certain Civil
Money Penalties; Correction
TABLE 1 TO PARAGRAPH (a)(1)
Centers for Medicare &
Medicaid
Services (CMS), Department
Commodity
of Health and Human Services (HHS).
Barley, grain ...............................
0.01 ACTION: Final rule; correction.
Barley, hay ..................................
0.2
SUMMARY: This document corrects
Barley, straw ...............................
0.08
technical errors in the final rule that
appeared in the October 11, 2023
*
*
*
*
*
Wheat, forage .............................
0.02 Federal Register titled ‘‘Medicare
Wheat, grain ...............................
0.01 Program; Medicare Secondary Payer and
Wheat, hay .................................
0.05 Certain Civil Money Penalties’’.
Wheat, straw ...............................
0.03 DATES: Effective date: This correcting
document is effective December 11,
(2) Tolerances are established for
2023.
residues of tolpyralate, 1-[[1-ethyl-4-[3FOR FURTHER INFORMATION CONTACT:
(2-methoxyethoxy)-2-methyl-4(methylsulfonyl)benzoyl]-1H-pyrazol-5- Brian Broznowicz, (410) 786–3349.
yl]oxy]ethyl methyl carbonate and
SUPPLEMENTARY INFORMATION:
AGENCY:
Parts per
million
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0.02
0.02
0.02
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I. Background
This correcting document identifies
and corrects errors in FR Doc. 2023–
22282 of October 11, 2023 (88 FR
70363). The provisions in this
correction document are effective as if
they had been included in the document
published October 11, 2023.
Accordingly, the corrections are
effective December 11, 2023.
II. Summary of Errors
On page 70363, we inadvertently
omitted a part of the header.
On page 70372, we made an error in
the Words of Issuance.
On page 70373, we made technical
errors in the amendatory instructions as
well as the headings, entries, and table
notes in the civil monetary penalty
adjustment table at 45 CFR 102.3.
III. Waiver of Proposed Rulemaking
and Delay in Effective Date
We ordinarily publish a notice of
proposed rulemaking in the Federal
Register and invite public comment on
the proposed rule in accordance with 5
U.S.C. 553(b) of the Administrative
Procedure Act (APA). The notice of
proposed rulemaking includes a
reference to the legal authority under
which the rule is proposed, and the
terms and substances of the proposed
rule or a description of the subjects and
issues involved. This procedure can be
waived, however, if an agency finds
good cause that a notice-and-comment
procedure is impracticable,
unnecessary, or contrary to the public
interest and incorporates a statement of
the finding and its reasons in the rule
issued.
We believe that this final rule
correcting document does not constitute
a rule that would be subject to the
notice and comment or delayed effective
date requirements. This document
merely corrects typographical and
technical errors in the final rule, and it
does not make substantive changes to
the policies or the implementing
regulations that were adopted in the
final rule. As a result, this final rule
correcting document is intended to
ensure that the information in the final
rule accurately reflects the policies and
regulatory amendments adopted in that
document.
In addition, even if this were a rule to
which the notice and comment
procedures 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 minor corrections in this
document into the final rule or delaying
E:\FR\FM\27NOR1.SGM
27NOR1
Federal Register / Vol. 88, No. 226 / Monday, November 27, 2023 / Rules and Regulations
the effective date would be unnecessary,
as we are not altering our policies or
regulatory changes, but rather, we are
simply correctly implementing the
policies and regulatory changes that we
previously proposed, requested
comment on, and subsequently
finalized. This final rule correcting
document is intended solely to ensure
that the final rule accurately reflects
these policies and regulatory changes.
Furthermore, additional notice and
comment procedures would be contrary
to the public interest because it is in the
public’s interest to ensure that the final
rule accurately reflects our policies and
regulatory changes. Therefore, for all of
the reasons cited above, we believe we
have good cause to waive the notice and
comment and effective date
requirements.
IV. Correction of Errors
In FR Doc. 2023–22282 of October 11,
2023 (88 FR 70363), we are making the
following corrections:
■ 1. On page 70363, second column,
lines 5 and 6, the header of the
document is corrected to read as
follows:
42 CFR Part 402
Office of the Secretary
45 CFR Part 102
■ 2. On page 70372, first column, the
fifth full paragraph (Words of Issuance)
is corrected to read as follows:
For the reasons set forth in the
preamble, the Centers for Medicare &
82787
Medicaid Services amends 42 CFR
chapter IV as set forth below:
■ 3. On page 70373, starting in the third
column, amendatory instruction 5 and
the accompanying regulatory text is
corrected to read as follows:
■ 5. Section 102.3 is amended in table
1 by—
■ a. Revising the entries for
‘‘1395y(b)(6)(B)’’ and
‘‘1395y(b)(7)(B)(i)’’; and
■ b. Adding an entry for
‘‘1395y(b)(8)(E)(i)’’ in alphanumerical
order.
The revisions and addition read as
follows:
§ 102.3
*
Penalty adjustment and table.
*
*
*
*
TABLE 1 TO § 102.3—CIVIL MONETARY PENALTY AUTHORITIES ADMINISTERED BY HHS
CFR 1
U.S.C. section(s)
*
HHS
agency
*
Date of last
penalty,
figure or
adjustment 3
Description 2
*
*
*
*
2022
maximum
adjusted
penalty
($)
2023
maximum
adjusted
penalty 4
($)
*
42 U.S.C.:
*
1395y(b)(6)(B) ...............
*
42 CFR 402.1(c)(20),
402.105(a).
1395y(b)(7)(B)(i) ............
42 CFR 402.1(c)(21),
402.105(a).
*
1395y(b)(8)(E)(i) ............
*
42 CFR 402.1(c)(22),
402.105(b)(2).
*
*
CMS
CMS
*
CMS
*
*
*
Penalty for any entity that knowingly, willfully,
and repeatedly fails to complete a claim form
relating to the availability of other health benefits in accordance with statute or provides inaccurate information relating to such on the
claim form.
Penalty for any entity serving as insurer, third
party administrator, or fiduciary for a group
health plan that fails to provide information
that identifies situations where the group
health plan is or was a primary plan to Medicare to the HHS Secretary.
*
*
*
Penalty for any entity serving as insurer, third
party administrator, or fiduciary for a nongroup health plan that fails to provide information that identifies situations where the group
health plan is or was a primary plan to Medicare to the HHS Secretary.
*
*
*
*
2022
*
3,701
3,988
2022
1,325
1,428
2022
*
1,325
1,428
*
1 Some
*
HHS components have not promulgated regulations regarding their civil monetary penalty-specific statutory authorities.
2 The description is not intended to be a comprehensive explanation of the underlying violation; the statute and corresponding regulation, if applicable, should be
consulted.
3 Statutory or Inflation Act Adjustment.
4 OMB Memorandum M–16–06, Implementation of the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015, published February 24, 2016,
guided agencies on initial ‘‘catch-up’’ adjustment requirements, and M–17–11, Implementation of the 2017 annual adjustment pursuant to the Federal Civil Penalties
Inflation Adjustment Act Improvements Act of 2015, published December 16, 2016; followed by M–18–03, M–19–04, M–20–05, M–21–10, M–22–07, and M–23–05
guided agencies on annual adjustment requirements.
*
*
*
*
*
khammond on DSKJM1Z7X2PROD with RULES
Elizabeth J. Gramling,
Executive Secretary, Department of Health
and Human Services.
[FR Doc. 2023–25696 Filed 11–24–23; 8:45 am]
BILLING CODE 4120–01–P
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15:49 Nov 24, 2023
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PO 00000
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27NOR1
]]>Agencies
[Federal Register Volume 88, Number 226 (Monday, November 27, 2023)]
[Rules and Regulations]
[Pages 82786-82787]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-25696]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Centers for Medicare & Medicaid Services
42 CFR Part 402
Office of the Secretary
45 CFR Part 102
[CMS-6061-CN]
RIN 0938-AT86
Medicare Program; Medicare Secondary Payer and Certain Civil
Money Penalties; Correction
AGENCY: Centers for Medicare & Medicaid Services (CMS), Department of
Health and Human Services (HHS).
ACTION: Final rule; correction.
-----------------------------------------------------------------------
SUMMARY: This document corrects technical errors in the final rule that
appeared in the October 11, 2023 Federal Register titled ``Medicare
Program; Medicare Secondary Payer and Certain Civil Money Penalties''.
DATES: Effective date: This correcting document is effective December
11, 2023.
FOR FURTHER INFORMATION CONTACT: Brian Broznowicz, (410) 786-3349.
SUPPLEMENTARY INFORMATION:
I. Background
This correcting document identifies and corrects errors in FR Doc.
2023-22282 of October 11, 2023 (88 FR 70363). The provisions in this
correction document are effective as if they had been included in the
document published October 11, 2023. Accordingly, the corrections are
effective December 11, 2023.
II. Summary of Errors
On page 70363, we inadvertently omitted a part of the header.
On page 70372, we made an error in the Words of Issuance.
On page 70373, we made technical errors in the amendatory
instructions as well as the headings, entries, and table notes in the
civil monetary penalty adjustment table at 45 CFR 102.3.
III. Waiver of Proposed Rulemaking and Delay in Effective Date
We ordinarily publish a notice of proposed rulemaking in the
Federal Register and invite public comment on the proposed rule in
accordance with 5 U.S.C. 553(b) of the Administrative Procedure Act
(APA). The notice of proposed rulemaking includes a reference to the
legal authority under which the rule is proposed, and the terms and
substances of the proposed rule or a description of the subjects and
issues involved. This procedure can be waived, however, if an agency
finds good cause that a notice-and-comment procedure is impracticable,
unnecessary, or contrary to the public interest and incorporates a
statement of the finding and its reasons in the rule issued.
We believe that this final rule correcting document does not
constitute a rule that would be subject to the notice and comment or
delayed effective date requirements. This document merely corrects
typographical and technical errors in the final rule, and it does not
make substantive changes to the policies or the implementing
regulations that were adopted in the final rule. As a result, this
final rule correcting document is intended to ensure that the
information in the final rule accurately reflects the policies and
regulatory amendments adopted in that document.
In addition, even if this were a rule to which the notice and
comment procedures 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 minor
corrections in this document into the final rule or delaying
[[Page 82787]]
the effective date would be unnecessary, as we are not altering our
policies or regulatory changes, but rather, we are simply correctly
implementing the policies and regulatory changes that we previously
proposed, requested comment on, and subsequently finalized. This final
rule correcting document is intended solely to ensure that the final
rule accurately reflects these policies and regulatory changes.
Furthermore, additional notice and comment procedures would be contrary
to the public interest because it is in the public's interest to ensure
that the final rule accurately reflects our policies and regulatory
changes. Therefore, for all of the reasons cited above, we believe we
have good cause to waive the notice and comment and effective date
requirements.
IV. Correction of Errors
In FR Doc. 2023-22282 of October 11, 2023 (88 FR 70363), we are
making the following corrections:
0
1. On page 70363, second column, lines 5 and 6, the header of the
document is corrected to read as follows:
42 CFR Part 402
Office of the Secretary
45 CFR Part 102
0
2. On page 70372, first column, the fifth full paragraph (Words of
Issuance) is corrected to read as follows:
For the reasons set forth in the preamble, the Centers for Medicare
& Medicaid Services amends 42 CFR chapter IV as set forth below:
0
3. On page 70373, starting in the third column, amendatory instruction
5 and the accompanying regulatory text is corrected to read as follows:
0
5. Section 102.3 is amended in table 1 by--
0
a. Revising the entries for ``1395y(b)(6)(B)'' and
``1395y(b)(7)(B)(i)''; and
0
b. Adding an entry for ``1395y(b)(8)(E)(i)'' in alphanumerical order.
The revisions and addition read as follows:
Sec. 102.3 Penalty adjustment and table.
* * * * *
Table 1 to Sec. 102.3--Civil Monetary Penalty Authorities Administered by HHS
--------------------------------------------------------------------------------------------------------------------------------------------------------
Date of last 2023 maximum
penalty, 2022 maximum adjusted
U.S.C. section(s) CFR \1\ HHS agency Description \2\ figure or adjusted penalty \4\
adjustment \3\ penalty ($) ($)
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * * * *
42 U.S.C.:
* * * * * * *
1395y(b)(6)(B)................. 42 CFR CMS Penalty for any entity that 2022 3,701 3,988
402.1(c)(20), knowingly, willfully, and
402.105(a). repeatedly fails to complete a
claim form relating to the
availability of other health
benefits in accordance with
statute or provides inaccurate
information relating to such on
the claim form.
1395y(b)(7)(B)(i).............. 42 CFR CMS Penalty for any entity serving as 2022 1,325 1,428
402.1(c)(21), insurer, third party
402.105(a). administrator, or fiduciary for a
group health plan that fails to
provide information that
identifies situations where the
group health plan is or was a
primary plan to Medicare to the
HHS Secretary.
* * * * * * *
1395y(b)(8)(E)(i).............. 42 CFR CMS Penalty for any entity serving as 2022 1,325 1,428
402.1(c)(22), insurer, third party
402.105(b)(2). administrator, or fiduciary for a
non-group health plan that fails
to provide information that
identifies situations where the
group health plan is or was a
primary plan to Medicare to the
HHS Secretary.
* * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Some HHS components have not promulgated regulations regarding their civil monetary penalty-specific statutory authorities.
\2\ The description is not intended to be a comprehensive explanation of the underlying violation; the statute and corresponding regulation, if
applicable, should be consulted.
\3\ Statutory or Inflation Act Adjustment.
\4\ OMB Memorandum M-16-06, Implementation of the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015, published February 24,
2016, guided agencies on initial ``catch-up'' adjustment requirements, and M-17-11, Implementation of the 2017 annual adjustment pursuant to the
Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015, published December 16, 2016; followed by M-18-03, M-19-04, M-20-05, M-21-
10, M-22-07, and M-23-05 guided agencies on annual adjustment requirements.
* * * * *
Elizabeth J. Gramling,
Executive Secretary, Department of Health and Human Services.
[FR Doc. 2023-25696 Filed 11-24-23; 8:45 am]
BILLING CODE 4120-01-P
