Patient Protection and Affordable Care Act, HHS Notice of Benefit and Payment Parameters for 2025; Updating Section 1332 Waiver Public Notice Procedures; Medicaid; Consumer Operated and Oriented Plan (CO-OP) Program; and Basic Health Program; Correcting Amendment, 85431-85432 [2024-24910]
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Federal Register / Vol. 89, No. 208 / Monday, October 28, 2024 / Rules and Regulations
II. Summary of Errors in the Regulation
Text
DEPARTMENT OF THE TREASURY
31 CFR Part 33
On page 26424, in the amendatory
instruction for § 156.111, we
inadvertently noted changes to
paragraph (b)(2) and not specifically
paragraphs (b)(2)(i) and (ii). Therefore,
paragraphs (b)(2)(iii) through (v) were
inadvertently deleted.
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Centers for Medicare & Medicaid
Services
42 CFR Parts 435 and 600
III. Waiver of Proposed Rulemaking
and Delay in Effective Date
Office of the Secretary
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,
we can waive this notice and comment
procedure 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.
Our policy on streamlining the
process for States to update their
Essential Health Benefits (EHB)
benchmark plans in the 2025 Payment
Notice has previously been subjected to
notice and comment procedures. This
correcting amendment is consistent
with the discussion of this policy in the
2025 Payment Notice and does not make
substantive changes to this policy.
Instead this correcting amendment
merely corrects technical errors,
specifically an unintended deletion, in
the regulations text caused by an error
in the amendatory instructions of the
2025 Payment Notice. As a result, this
correcting amendment is intended to
ensure that the 2025 Payment Notice
accurately reflects the policy adopted in
the final rule, which did not otherwise
indicate any intention to delete the
regulations text that was unintentionally
deleted. Therefore, we find that
undertaking further notice and comment
procedures to incorporate these
corrections into the final rule is
unnecessary and contrary to the public
interest.
For the same reasons, we are also
waiving the 30-day delay in effective
45 CFR Parts 153, 155, and 156
[CMS–9895–F2]
RIN–0938–AV22
Patient Protection and Affordable Care
Act, HHS Notice of Benefit and
Payment Parameters for 2025;
Updating Section 1332 Waiver Public
Notice Procedures; Medicaid;
Consumer Operated and Oriented Plan
(CO–OP) Program; and Basic Health
Program; Correcting Amendment
Centers for Medicare &
Medicaid Services (CMS), HHS.
ACTION: Correcting amendment.
AGENCY:
This document corrects
technical and typographical errors in
the final rule that appeared in the April
15, 2024 issue of the Federal Register
entitled, ‘‘Patient Protection and
Affordable Care Act, HHS Notice of
Benefit and Payment Parameters for
2025; Updating Section 1332 Waiver
Public Notice Procedures; Medicaid;
Consumer Operated and Oriented Plan
(CO–OP) Program; and Basic Health
Program.’’ The effective date of the final
rule was June 4, 2024.
DATES: Effective October 28, 2024 and
applicable beginning June 4, 2024.
FOR FURTHER INFORMATION CONTACT:
Dolma Tsering, (301) 448–3925.
SUPPLEMENTARY INFORMATION:
lotter on DSK11XQN23PROD with RULES1
SUMMARY:
I. Background
In FR Doc. 2024–07274 of April 15,
2024 (89 FR 26218), the final rule
entitled ‘‘Patient Protection and
Affordable Care Act, HHS Notice of
Benefit and Payment Parameters for
2025; Updating Section 1332 Waiver
Public Notice Procedures; Medicaid;
Consumer Operated and Oriented Plan
(CO–OP) Program; and Basic Health
Program’’ (hereinafter referred to as the
2025 Payment Notice), there were
technical errors that are identified and
corrected in the regulations text of this
correcting amendment. The provisions
of this correcting amendment are
effective October 28, 2024 and are
applicable beginning June 4, 2024.
VerDate Sep<11>2014
15:57 Oct 25, 2024
Jkt 265001
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85431
date for this correcting amendment. We
believe that it is in the public interest
to ensure that the regulations text
accurately reflects the policy set forth in
the 2025 Payment Notice streamlining
the process for States to update their
EHB-benchmark plans. Thus, delaying
the effective date of this correcting
amendment would be contrary to the
public interest. Therefore, we also find
good cause to waive the 30-day delay in
effective date.
List of Subjects in 45 CFR Part 156
Administrative practice and
procedure, Advertising, Advisory
committees, Brokers, Conflict of
interests, Consumer protection, Grant
programs—health, Grants
administration, Health care, Health
insurance, Health maintenance
organization (HMO), Health records,
Hospitals, Indians, Individuals with
disabilities, Loan programs—health,
Medicaid, Organization and functions
(Government agencies), Public
assistance programs, Reporting and
recordkeeping requirements, State and
local governments, Sunshine Act,
Technical assistance, Women, Youth.
For the reasons set forth in the
preamble, HHS corrects 45 CFR part 156
by making the following correcting
amendments:
PART 156—HEALTH INSURANCE
ISSUER STANDARDS UNDER THE
AFFORDABLE CARE ACT, INCLUDING
STANDARDS RELATED TO
EXCHANGES
1. The authority citation for part 156
continues to read as follows:
■
Authority: 42 U.S.C. 18021–18024, 18031–
18032, 18041–18042, 18044, 18054, 18061,
18063, 18071, 18082, and 26 U.S.C. 36B.
2. Section 156.111 is amended by
adding paragraphs (b)(2)(iii) through (v)
to read as follows:
■
§ 156.111 State selection of EHBbenchmark plan for plan years beginning
on or after January 1, 2020.
*
*
*
*
*
(b) * * *
(2) * * *
(iii) Not have benefits unduly
weighted towards any of the categories
of benefits at § 156.110(a);
(iv) Provide benefits for diverse
segments of the population, including
women, children, persons with
disabilities, and other groups; and
(v) Not include discriminatory benefit
designs that contravene the non-
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85432
Federal Register / Vol. 89, No. 208 / Monday, October 28, 2024 / Rules and Regulations
discrimination standards defined in
§ 156.125.
*
*
*
*
*
Elizabeth J. Gramling,
Executive Secretary to the Department,
Department of Health and Human Services.
[FR Doc. 2024–24910 Filed 10–25–24; 8:45 am]
BILLING CODE 4120–01–M
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2024–0391]
RIN 1625–AA00
Safety Zone; Choctawhatchee Bay, FL
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary safety zone for
certain navigable waters of the
Choctawhatchee Bay where unexploded
ordnances were discovered and a
moving safety zone around vessels
relocating any unexploded ordnance
from Choctawhatchee Bay to the
disposal location. The safety zones are
needed to protect mariners from the
hazards associated with unexploded
ordnance clearance operations. Entry of
vessels or persons into this zone is
prohibited unless specifically
authorized by the Captain of the Port
Sector Mobile (COTP), or a designated
representative.
SUMMARY:
This rule is effective without
actual notice from October 28, 2024
through 11:59 p.m. on December 31,
2024. For the purposes of enforcement,
actual notice will be used from 1 p.m.
on October 22, 2024, until October 28,
2024.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2024–
0391 in the search box and click
‘‘Search.’’ Next, in the Document Type
column, select ‘‘Supporting & Related
Material.’’
DATES:
If
you have questions about this rule, call
or email MSTC Stacy Stevenson,
Waterways Management Division, U.S.
Coast Guard; telephone 251–382–8653,
email Sectormobilewaterways@uscg.mil.
SUPPLEMENTARY INFORMATION:
lotter on DSK11XQN23PROD with RULES1
FOR FURTHER INFORMATION CONTACT:
I. Table of Abbreviations
CFR
Code of Federal Regulations
VerDate Sep<11>2014
15:57 Oct 25, 2024
Jkt 265001
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
§ Section
U.S.C. United States Code
II. Background Information and
Regulatory History
The Coast Guard is issuing this
temporary final rule under authority in
5 U.S.C. 553(b)(B). This statutory
provision authorizes an agency to issue
a rule without prior notice and
opportunity to comment when the
agency for good cause finds that those
procedures are ‘‘impracticable,
unnecessary, or contrary to the public
interest.’’ The Coast Guard finds that
good cause exists for not publishing a
notice of proposed rulemaking (NPRM)
with respect to this rule because it is
impracticable and contrary to public
interest. It is impracticable to publish an
NPRM because we must establish this
safety zone by October 22, 2024, and
lack sufficient time to provide a
reasonable comment period and then
consider those comments before issuing
the rule. Publishing an NPRM is
contrary to public interest because
immediate action is needed to protect
people and property on the waterway
from potential hazards associated with
unexploded ordnance operations.
Also, under 5 U.S.C. 553(d)(3), the
Coast Guard finds that good cause exists
for making this rule effective less than
30 days after publication in the Federal
Register. Delaying the effective date of
this rule is contrary to public interest
because it would delay the safety
measures necessary to respond to
potential safety hazards associated with
the unexploded ordnance operations.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule
under authority in 46 U.S.C. 70034. The
Captain of the Port Sector Mobile
(COTP) has determined that the safety
zones are necessary for the protection of
persons and vessels from potential
hazards associated with the unexploded
ordnance operations.
IV. Discussion of the Rule
The Coast Guard is establishing a
temporary safety zone on certain
navigable waters of the Choctawhatchee
Bay within a 5,000 foot radius of
approximate position 30°25′38.1″ N,
86°33′32.5″ W, and a moving safety zone
within a 600 yard radius from any
vessel involved with relocating the
unexploded ordnance upon leaving the
area where the ordnance was discovered
until it is safely positioned in the
disposal location. The safety zones will
be enforced from 1 p.m. on October 22,
PO 00000
Frm 00010
Fmt 4700
Sfmt 4700
2024, until 11:59 p.m. on December 31,
2024. The duration of the zone is
intended to protect personnel, vessels,
and ensure maritime safety and security
in these navigable waters during
unexploded ordnance clearing
operations. No vessel or person will be
permitted to enter the safety zones
without obtaining permission from the
COTP or a designated representative.
V. Regulatory Analyses
We developed this rule after
considering numerous statutes and
Executive orders related to rulemaking.
Below we summarize our analyses
based on a number of these statutes and
Executive orders, and we discuss First
Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563
direct agencies to assess the costs and
benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits.
This rule has not been designated a
‘‘significant regulatory action,’’ under
section 3(f) of Executive Order 12866, as
amended by Executive Order 14094
(Modernizing Regulatory Review).
Accordingly, this rule has not been
reviewed by the Office of Management
and Budget (OMB).
This regulatory action determination
is based on the size, location, duration,
and time-of-day of the safety zone. This
stationary safety zone will be enforced
for approximately 11 weeks or less and
prohibit vessel movement on a portion
of the Choctawhatchee Bay and a
moving safety zone around relocating
unexploded ordnances to the disposal
location. Moreover, the Coast Guard will
issue on scene actual notice via VHF–
FM marine channel 16 about the zone,
and the rule allows vessels to seek
permission to enter the zone.
B. Impact on Small Entities
The Regulatory Flexibility Act of
1980, 5 U.S.C. 601–612, as amended,
requires Federal agencies to consider
the potential impact of regulations on
small entities during rulemaking. The
term ‘‘small entities’’ comprises small
businesses, not-for-profit organizations
that are independently owned and
operated and are not dominant in their
fields, and governmental jurisdictions
with populations of less than 50,000.
The Coast Guard certifies under 5 U.S.C.
605(b) that this rule will not have a
significant economic impact on a
substantial number of small entities.
While some owners or operators of
vessels intending to transit the safety
zone may be small entities, for the
E:\FR\FM\28OCR1.SGM
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]]>Agencies
[Federal Register Volume 89, Number 208 (Monday, October 28, 2024)]
[Rules and Regulations]
[Pages 85431-85432]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-24910]
[[Page 85431]]
=======================================================================
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DEPARTMENT OF THE TREASURY
31 CFR Part 33
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Centers for Medicare & Medicaid Services
42 CFR Parts 435 and 600
Office of the Secretary
45 CFR Parts 153, 155, and 156
[CMS-9895-F2]
RIN-0938-AV22
Patient Protection and Affordable Care Act, HHS Notice of Benefit
and Payment Parameters for 2025; Updating Section 1332 Waiver Public
Notice Procedures; Medicaid; Consumer Operated and Oriented Plan (CO-
OP) Program; and Basic Health Program; Correcting Amendment
AGENCY: Centers for Medicare & Medicaid Services (CMS), HHS.
ACTION: Correcting amendment.
-----------------------------------------------------------------------
SUMMARY: This document corrects technical and typographical errors in
the final rule that appeared in the April 15, 2024 issue of the Federal
Register entitled, ``Patient Protection and Affordable Care Act, HHS
Notice of Benefit and Payment Parameters for 2025; Updating Section
1332 Waiver Public Notice Procedures; Medicaid; Consumer Operated and
Oriented Plan (CO-OP) Program; and Basic Health Program.'' The
effective date of the final rule was June 4, 2024.
DATES: Effective October 28, 2024 and applicable beginning June 4,
2024.
FOR FURTHER INFORMATION CONTACT: Dolma Tsering, (301) 448-3925.
SUPPLEMENTARY INFORMATION:
I. Background
In FR Doc. 2024-07274 of April 15, 2024 (89 FR 26218), the final
rule entitled ``Patient Protection and Affordable Care Act, HHS Notice
of Benefit and Payment Parameters for 2025; Updating Section 1332
Waiver Public Notice Procedures; Medicaid; Consumer Operated and
Oriented Plan (CO-OP) Program; and Basic Health Program'' (hereinafter
referred to as the 2025 Payment Notice), there were technical errors
that are identified and corrected in the regulations text of this
correcting amendment. The provisions of this correcting amendment are
effective October 28, 2024 and are applicable beginning June 4, 2024.
II. Summary of Errors in the Regulation Text
On page 26424, in the amendatory instruction for Sec. 156.111, we
inadvertently noted changes to paragraph (b)(2) and not specifically
paragraphs (b)(2)(i) and (ii). Therefore, paragraphs (b)(2)(iii)
through (v) were inadvertently deleted.
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, we
can waive this notice and comment procedure 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.
Our policy on streamlining the process for States to update their
Essential Health Benefits (EHB) benchmark plans in the 2025 Payment
Notice has previously been subjected to notice and comment procedures.
This correcting amendment is consistent with the discussion of this
policy in the 2025 Payment Notice and does not make substantive changes
to this policy. Instead this correcting amendment merely corrects
technical errors, specifically an unintended deletion, in the
regulations text caused by an error in the amendatory instructions of
the 2025 Payment Notice. As a result, this correcting amendment is
intended to ensure that the 2025 Payment Notice accurately reflects the
policy adopted in the final rule, which did not otherwise indicate any
intention to delete the regulations text that was unintentionally
deleted. Therefore, we find that undertaking further notice and comment
procedures to incorporate these corrections into the final rule is
unnecessary and contrary to the public interest.
For the same reasons, we are also waiving the 30-day delay in
effective date for this correcting amendment. We believe that it is in
the public interest to ensure that the regulations text accurately
reflects the policy set forth in the 2025 Payment Notice streamlining
the process for States to update their EHB-benchmark plans. Thus,
delaying the effective date of this correcting amendment would be
contrary to the public interest. Therefore, we also find good cause to
waive the 30-day delay in effective date.
List of Subjects in 45 CFR Part 156
Administrative practice and procedure, Advertising, Advisory
committees, Brokers, Conflict of interests, Consumer protection, Grant
programs--health, Grants administration, Health care, Health insurance,
Health maintenance organization (HMO), Health records, Hospitals,
Indians, Individuals with disabilities, Loan programs--health,
Medicaid, Organization and functions (Government agencies), Public
assistance programs, Reporting and recordkeeping requirements, State
and local governments, Sunshine Act, Technical assistance, Women,
Youth.
For the reasons set forth in the preamble, HHS corrects 45 CFR part
156 by making the following correcting amendments:
PART 156--HEALTH INSURANCE ISSUER STANDARDS UNDER THE AFFORDABLE
CARE ACT, INCLUDING STANDARDS RELATED TO EXCHANGES
0
1. The authority citation for part 156 continues to read as follows:
Authority: 42 U.S.C. 18021-18024, 18031-18032, 18041-18042,
18044, 18054, 18061, 18063, 18071, 18082, and 26 U.S.C. 36B.
0
2. Section 156.111 is amended by adding paragraphs (b)(2)(iii) through
(v) to read as follows:
Sec. 156.111 State selection of EHB-benchmark plan for plan years
beginning on or after January 1, 2020.
* * * * *
(b) * * *
(2) * * *
(iii) Not have benefits unduly weighted towards any of the
categories of benefits at Sec. 156.110(a);
(iv) Provide benefits for diverse segments of the population,
including women, children, persons with disabilities, and other groups;
and
(v) Not include discriminatory benefit designs that contravene the
non-
[[Page 85432]]
discrimination standards defined in Sec. 156.125.
* * * * *
Elizabeth J. Gramling,
Executive Secretary to the Department, Department of Health and Human
Services.
[FR Doc. 2024-24910 Filed 10-25-24; 8:45 am]
BILLING CODE 4120-01-M
