Clinical Laboratory Improvement Amendments of 1988 (CLIA) Fees; Histocompatibility, Personnel, and Alternative Sanctions for Certificate of Waiver Laboratories; Correction, 6431-6432 [2024-01942]
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Federal Register / Vol. 89, No. 22 / Thursday, February 1, 2024 / Rules and Regulations
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Centers for Medicare & Medicaid
Services
42 CFR Part 493
[CMS–3326–CN]
RIN 0938–AT47
Clinical Laboratory Improvement
Amendments of 1988 (CLIA) Fees;
Histocompatibility, Personnel, and
Alternative Sanctions for Certificate of
Waiver Laboratories; Correction
Centers for Medicare &
Medicaid Services (CMS) and Centers
for Disease Control and Prevention
(CDC), Department of Health and
Human Services (HHS).
ACTION: Final rule; correction.
AGENCY:
This document corrects
technical and typographical errors in
the final rule that appeared in the
December 28, 2023, Federal Register
entitled, ‘‘Clinical Laboratory
Improvement Amendments of 1988
(CLIA) Fees; Histocompatibility,
Personnel, and Alternative Sanctions for
Certificate of Waiver Laboratories’’
(referred to hereafter as the ‘‘December
2023 final rule’’).
DATES: This correction is effective
January 27, 2024.
FOR FURTHER INFORMATION CONTACT:
Penny Keller, CMS, (410) 786–2035; or
Heather Stang, CDC, (404) 498–2769.
SUPPLEMENTARY INFORMATION:
SUMMARY:
I. Background
In FR Doc. 2023–28170 of December
28, 2023, the December 2023 final rule
(88 FR 89976), there were technical and
typographical errors that are identified
and corrected in this correcting
document. These corrections are
effective as if they had been included in
the December 2023 final rule.
ddrumheller on DSK120RN23PROD with RULES1
II. Summary of Errors in the Regulation
Text
On page 90040, in the revision for
§ 493.1423(b)(7)(i), we inadvertently
omitted two redesignated paragraph
references for individuals who meet the
regulatory qualifications to perform
blood gas analysis. We are correcting the
revision for § 493.1423(b)(7)(i) to
include references to § 493.1423(b)(5)
and (6).
On page 90043, in amendatory
instruction 30, we inadvertently omitted
the specific paragraph references for the
changes to paragraph (e), which were set
out in the amendment text. We are
VerDate Sep<11>2014
14:30 Jan 31, 2024
Jkt 262001
correcting the instruction to specify
paragraphs (e)(1) through (4).
On page 90044, in the revisions for
§ 493.1483(b)(3), we inadvertently
omitted the December 28, 2024 effective
date.
On page 90044, in amendatory
instruction 37, we inadvertently
included an incorrect effective date. The
December 2023 final rule contained two
separate effective dates, January 27,
2024, and December 28, 2024 and we
erroneously included the December 28,
2024, effective date rather than the
January 27, 2024, effective date.
III. Waiver of Proposed Rulemaking
and Delay in Effective Date
Under 5 U.S.C. 553(b) of the
Administrative Procedure Act (APA),
the agency is required to publish a
notice of the proposed rulemaking in
the Federal Register before the
provisions of a rule take effect. 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.
Section 553(b)(B) of the APA
authorizes an agency to dispense with
normal rulemaking requirements for
good cause if the agency makes a
finding that the notice and comment
process is impracticable, unnecessary,
or contrary to the public interest. In
addition, section 553(d)(3) of the APA
allows the agency to avoid the 30-day
delay in effective date where such delay
is contrary to the public interest and an
agency includes a statement of support.
We believe this 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
technical and typographical errors in
the December 2023 final rule but does
not make substantive changes to the
policies that were adopted in the
December 2023 final rule. Instead, this
correcting document is intended to
ensure that the information in the
December 2023 final rule accurately
reflects the policies 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 corrections in this
document into the December 2023 final
rule or delaying the effective date would
be contrary to the public interest
because it is in the public’s interest to
ensure that the December 2023 final rule
accurately reflects the policies finalized
PO 00000
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Fmt 4700
Sfmt 4700
6431
in that final rule. Furthermore, such
procedures would be unnecessary, as
we are not altering our policies, but
rather, we are simply correctly
implementing the policies we finalized.
This final rule correction is intended to
ensure that the December 2023 final rule
accurately reflects those policies.
Therefore, we believe we have good
cause to waive the notice and comment
and delayed effective date requirements.
IV. Correction of Errors in the
Regulation Text
In FR Doc. 2023–28170 of Thursday,
December 28, 2023 (88 FR 89976), we
are making the following corrections:
§ 493.1423
[Corrected]
1. On page 90040, in the third column,
in § 493.1423(b)(7)(i), ‘‘(i) Be qualified
under paragraph (b)(1), (2), (3), or (4) of
this section; or’’ is corrected to read ‘‘(i)
Be qualified under paragraph (b)(1), (2),
(3), (4), (5), or (6) of this section; or’’.
■
§ 493.1461
[Corrected]
2. On page 90043, in the third column,
amendment 30, the instruction
‘‘Effective December 28, 2024, amend
§ 493.1461 by revising paragraphs (c),
(d)(3)(i), and (e) to read as follows:’’ is
corrected to read ‘‘Effective December
28, 2024, amend § 493.1461 by revising
paragraphs (c), (d)(3)(i), and (e)(1)
through (4) to read as follows:’’.
■
§ 493.1483
[Corrected]
3. On page 90044, in the second
column, in § 493.1483(b)(3), ‘‘(3)
Notwithstanding any other provision of
this section, an individual is considered
qualified as a cytotechnologist under
this section if they were qualified and
serving as a cytotechnologist in a CLIAcertified laboratory as of [effective date
of the final rule], and have done so
continuously since December 28, 2024’’
is corrected to read ‘‘(3)
Notwithstanding any other provision of
this section, an individual is considered
qualified as a cytotechnologist under
this section if they were qualified and
serving as a cytotechnologist in a CLIAcertified laboratory as of December 28,
2024, and have done so continuously
since December 28, 2024’’.
■
§ 493.1804
[Corrected]
4. On page 90044, in the third column,
amendment 37, the instruction
‘‘Effective December 28, 2024, amend
§ 493.1804 by revising paragraph (c)(1)
to read as follows:’’ is corrected to read
‘‘Effective January 27, 2024, amend
■
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01FER1
6432
Federal Register / Vol. 89, No. 22 / Thursday, February 1, 2024 / Rules and Regulations
§ 493.1804 by revising paragraph (c)(1)
to read as follows:’’.
Elizabeth J. Gramling,
Executive Secretary to the Department,
Department of Health and Human Services.
[FR Doc. 2024–01942 Filed 1–26–24; 5:15 pm]
BILLING CODE 4120–01–P
CORPORATION FOR NATIONAL AND
COMMUNITY SERVICE
45 CFR Part 2500
RIN 3045–AA83
information about its organizational
structure on its public-facing website
(americorps.gov), this rule would
comply with the statutory requirement
that agencies publish in the Federal
Register their descriptions of
organization. This rule will also
increase transparency regarding
AmeriCorps’ operations by mapping out
its existing program regulations, thereby
providing an overview of the Agency’s
programs.
DATES: This rule is effective March 4,
2024.
FOR FURTHER INFORMATION CONTACT:
AmeriCorps Statement of Organization
Corporation for National and
Community Service.
ACTION: Final rule.
AGENCY:
The Corporation for National
and Community Service (CNCS), which
operates as AmeriCorps, is finalizing a
rule to provide general information to
the public about its structure and
purpose, as required by the
Administrative Procedure Act. While
AmeriCorps already provides
SUMMARY:
Elizabeth Appel, Office of General
Counsel, at (202) 967–5070, or eappel@
americorps.gov.
SUPPLEMENTARY INFORMATION:
I. Background
AmeriCorps, the operating name for
the Corporation for National and
Community Service, is a Federal agency
that engages millions of Americans in
service. AmeriCorps members and
AmeriCorps Seniors volunteers serve
directly with nonprofit, tribal, faith-
ddrumheller on DSK120RN23PROD with RULES1
Current 45 CFR section
New 45 CFR section
2500.1
Agency Operating Name .....................
2500.2
2500.3
2500.4
Description of Logos ............................
Retirement of Logos ............................
Authority to affix logos .........................
The new sections describe
AmeriCorps’:
• Statutory basis and origination;
• Purpose, to administer the programs
established under the national service
laws; and mission, to improve lives,
strengthen communities, and foster
civic engagement through service and
volunteering;
• Organization, including the roles of
the Chief Executive Officer and the
Board of Directors;
• Headquarters, including leadership
positions; and region offices, referring to
AmeriCorps’ website for details on
contact information;
• Four main national service
programs: AmeriCorps NCCC,
AmeriCorps Seniors, AmeriCorps State
and National, and AmeriCorps VISTA;
and
VerDate Sep<11>2014
14:30 Jan 31, 2024
Jkt 262001
based, or community organizations to
tackle some of our nation’s most
pressing challenges. Although
AmeriCorps already provides
information about its organizational
structure on its website, americorps.gov,
this rule complies with the statutory
requirement that agencies ‘‘publish in
the Federal Register’’ their descriptions
of organization. See 5 U.S.C.
552(a)(1)(A). This rule will also increase
transparency regarding AmeriCorps’
operations by mapping out its existing
program regulations, thereby providing
an overview of the Agency’s programs.
This rule adds AmeriCorps’
organizational information to Code of
Federal Regulations (CFR) part 2500.
Part 2500 already includes information
about AmeriCorps being CNCS’s
operating name and information about
AmeriCorps’ logos. This rule
redesignates, without substantive
change, the operating name and logo
sections to new sections later in the CFR
part and adds subpart designations. The
following is a breakdown of the new
and redesignated sections:
Description of change
Subpart A—Introduction ...................................
2500.1 Creation and authority .......................
2500.2 Agency operating name ....................
2500.3 Purpose and mission .........................
Subpart B—Organization .................................
2500.10 General ............................................
2500.11 AmeriCorps headquarters ...............
2500.12 Region offices ..................................
Subpart C—Programs ......................................
2500.20 Program descriptions ......................
2500.21 Focus areas .....................................
Subpart D—Logos ...........................................
2500.30 Description of logos .........................
2500.31 Retirement of logos .........................
2500.32 Authority to affix logos .....................
• Focus areas, which include, but are
not limited to, disaster services,
economic opportunity, education,
environmental stewardship, healthy
futures, and veterans and military
families.
Edits to the sections addressing
AmeriCorps’ logos specify the logos’
fonts and the direction of the flag in the
logos and make minor grammatical
changes.
II. Responses to Comments on Proposed
Rule and Changes to Proposed Rule
AmeriCorps published the proposed
rule on May 2, 2023. See 88 FR 27423.
AmeriCorps received three written
comment submissions prior to the July
3, 2023, deadline for public comments.
All three comments expressed
opposition to AmeriCorps’ regional
PO 00000
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Fmt 4700
Sfmt 4700
New subpart designation.
New section.
Redesignated without substantive
New section.
New subpart designation.
New section.
New section.
New section.
New subpart designation.
New section.
New section.
New subpart designation.
Redesignated without substantive
Redesignated without substantive
Redesignated without substantive
change.
change.
change.
change.
structure under the Office of Regional
Operations and the logos and branding
that resulted from the ‘‘Transformation
and Sustainability Plan’’ that
AmeriCorps adopted several years ago.
Commenters recounted multiple
challenges with the regional structure
that replaced the State Office structure.
AmeriCorps currently operates through
the regional structure and strives to
address grantees’ concerns or the
difficulties they face within that
structure. However, because the rule
merely describes the regional structure
under which AmeriCorps currently
operates, AmeriCorps is not
reconsidering its structure at this time,
and is proceeding with finalization of
the description contained in the rule.
However, AmeriCorps appreciates the
E:\FR\FM\01FER1.SGM
01FER1
]]>Agencies
[Federal Register Volume 89, Number 22 (Thursday, February 1, 2024)]
[Rules and Regulations]
[Pages 6431-6432]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-01942]
[[Page 6431]]
=======================================================================
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DEPARTMENT OF HEALTH AND HUMAN SERVICES
Centers for Medicare & Medicaid Services
42 CFR Part 493
[CMS-3326-CN]
RIN 0938-AT47
Clinical Laboratory Improvement Amendments of 1988 (CLIA) Fees;
Histocompatibility, Personnel, and Alternative Sanctions for
Certificate of Waiver Laboratories; Correction
AGENCY: Centers for Medicare & Medicaid Services (CMS) and Centers for
Disease Control and Prevention (CDC), Department of Health and Human
Services (HHS).
ACTION: Final rule; correction.
-----------------------------------------------------------------------
SUMMARY: This document corrects technical and typographical errors in
the final rule that appeared in the December 28, 2023, Federal Register
entitled, ``Clinical Laboratory Improvement Amendments of 1988 (CLIA)
Fees; Histocompatibility, Personnel, and Alternative Sanctions for
Certificate of Waiver Laboratories'' (referred to hereafter as the
``December 2023 final rule'').
DATES: This correction is effective January 27, 2024.
FOR FURTHER INFORMATION CONTACT: Penny Keller, CMS, (410) 786-2035; or
Heather Stang, CDC, (404) 498-2769.
SUPPLEMENTARY INFORMATION:
I. Background
In FR Doc. 2023-28170 of December 28, 2023, the December 2023 final
rule (88 FR 89976), there were technical and typographical errors that
are identified and corrected in this correcting document. These
corrections are effective as if they had been included in the December
2023 final rule.
II. Summary of Errors in the Regulation Text
On page 90040, in the revision for Sec. 493.1423(b)(7)(i), we
inadvertently omitted two redesignated paragraph references for
individuals who meet the regulatory qualifications to perform blood gas
analysis. We are correcting the revision for Sec. 493.1423(b)(7)(i) to
include references to Sec. 493.1423(b)(5) and (6).
On page 90043, in amendatory instruction 30, we inadvertently
omitted the specific paragraph references for the changes to paragraph
(e), which were set out in the amendment text. We are correcting the
instruction to specify paragraphs (e)(1) through (4).
On page 90044, in the revisions for Sec. 493.1483(b)(3), we
inadvertently omitted the December 28, 2024 effective date.
On page 90044, in amendatory instruction 37, we inadvertently
included an incorrect effective date. The December 2023 final rule
contained two separate effective dates, January 27, 2024, and December
28, 2024 and we erroneously included the December 28, 2024, effective
date rather than the January 27, 2024, effective date.
III. Waiver of Proposed Rulemaking and Delay in Effective Date
Under 5 U.S.C. 553(b) of the Administrative Procedure Act (APA),
the agency is required to publish a notice of the proposed rulemaking
in the Federal Register before the provisions of a rule take effect.
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.
Section 553(b)(B) of the APA authorizes an agency to dispense with
normal rulemaking requirements for good cause if the agency makes a
finding that the notice and comment process is impracticable,
unnecessary, or contrary to the public interest. In addition, section
553(d)(3) of the APA allows the agency to avoid the 30-day delay in
effective date where such delay is contrary to the public interest and
an agency includes a statement of support.
We believe this 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 technical and typographical
errors in the December 2023 final rule but does not make substantive
changes to the policies that were adopted in the December 2023 final
rule. Instead, this correcting document is intended to ensure that the
information in the December 2023 final rule accurately reflects the
policies 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 corrections in
this document into the December 2023 final rule or delaying the
effective date would be contrary to the public interest because it is
in the public's interest to ensure that the December 2023 final rule
accurately reflects the policies finalized in that final rule.
Furthermore, such procedures would be unnecessary, as we are not
altering our policies, but rather, we are simply correctly implementing
the policies we finalized. This final rule correction is intended to
ensure that the December 2023 final rule accurately reflects those
policies. Therefore, we believe we have good cause to waive the notice
and comment and delayed effective date requirements.
IV. Correction of Errors in the Regulation Text
In FR Doc. 2023-28170 of Thursday, December 28, 2023 (88 FR 89976),
we are making the following corrections:
Sec. 493.1423 [Corrected]
0
1. On page 90040, in the third column, in Sec. 493.1423(b)(7)(i),
``(i) Be qualified under paragraph (b)(1), (2), (3), or (4) of this
section; or'' is corrected to read ``(i) Be qualified under paragraph
(b)(1), (2), (3), (4), (5), or (6) of this section; or''.
Sec. 493.1461 [Corrected]
0
2. On page 90043, in the third column, amendment 30, the instruction
``Effective December 28, 2024, amend Sec. 493.1461 by revising
paragraphs (c), (d)(3)(i), and (e) to read as follows:'' is corrected
to read ``Effective December 28, 2024, amend Sec. 493.1461 by revising
paragraphs (c), (d)(3)(i), and (e)(1) through (4) to read as
follows:''.
Sec. 493.1483 [Corrected]
0
3. On page 90044, in the second column, in Sec. 493.1483(b)(3), ``(3)
Notwithstanding any other provision of this section, an individual is
considered qualified as a cytotechnologist under this section if they
were qualified and serving as a cytotechnologist in a CLIA-certified
laboratory as of [effective date of the final rule], and have done so
continuously since December 28, 2024'' is corrected to read ``(3)
Notwithstanding any other provision of this section, an individual is
considered qualified as a cytotechnologist under this section if they
were qualified and serving as a cytotechnologist in a CLIA-certified
laboratory as of December 28, 2024, and have done so continuously since
December 28, 2024''.
Sec. 493.1804 [Corrected]
0
4. On page 90044, in the third column, amendment 37, the instruction
``Effective December 28, 2024, amend Sec. 493.1804 by revising
paragraph (c)(1) to read as follows:'' is corrected to read ``Effective
January 27, 2024, amend
[[Page 6432]]
Sec. 493.1804 by revising paragraph (c)(1) to read as follows:''.
Elizabeth J. Gramling,
Executive Secretary to the Department, Department of Health and Human
Services.
[FR Doc. 2024-01942 Filed 1-26-24; 5:15 pm]
BILLING CODE 4120-01-P
