### 37661 Federal Register / Vol. 79, No. 127 / Wednesday, July 2, 2014 / Rules and Regulations

State and location Community No. Effective date authorization/cancellation of sale of flood insurance in community Current Effective Map date Date certain Federal assistance no longer available in SFHAs

Milltown, Town of, Crawford and Harrison Counties. 180034 February 13, 1976, Emerg; October 15, 1985, Reg; July 16, 2014, Susp. ......do ............... Do.

Michigan: Eden, Township of, Mason County ....... 261274 November 22, 2013, Emerg; N/A, Reg; July 16, 2014, Susp. ......do ............... Do.

Hamlin, Township of, Mason County .... 260134 July 2, 1975, Emerg; December 17, 1987, Reg; July 16, 2014, Susp. ......do ............... Do.

Pere Marquette, Charter Township of,

Mason County. 260582 October 9, 1975, Emerg; July 3, 1985, Reg; July 16, 2014, Susp. ......do ............... Do.

Summit, Township of, Mason County ... 260307 September 27, 1974, Emerg; December 17, 1987, Reg; July 16, 2014, Susp. ......do ............... Do.

**Region VI**
Louisiana: Addis, Town of, West Baton Rouge

Parish. 220240 April 30, 1973, Emerg; August 15, 1977, Reg; July 16, 2014, Susp. ......do ............... Do.

Brusly, Town of, West Baton Rouge

Parish. 220241 April 30, 1973, Emerg; August 15, 1977, Reg; July 16, 2014, Susp. ......do ............... Do.

Port Allen, City of, West Baton Rouge

Parish.. 220242 April 30, 1973, Emerg; January 24, 1978, Reg; July 16, 2014, Susp. ......do ............... Do.

West Baton Rouge Parish, Unincorporated Areas. 220239 April 30, 1973, Emerg; April 3, 1978, Reg; July 16, 2014, Susp. ......do ............... Do.

**Region VII**
Kansas: Concordia, City of, Cloud County .......... 200060 April 23, 1975, Emerg; July 1, 1987, Reg; July 16, 2014, Susp. ......do ............... Do.

Glasco, City of, Cloud County ............... 200061 July 23, 1975, Emerg; July 1, 1987, Reg; July 16, 2014, Susp. ......do ............... Do.

*-do- = Ditto. Code for reading third column: Emerg.—Emergency; Reg.—Regular; Susp.—Suspension.

Dated: June 17, 2014. David L. Miller, Associate Administrator, Federal Insurance and Mitigation Administration, Department of Homeland Security, Federal Emergency Management Agency.
[FR Doc. 2014–15561 Filed 7–1–14; 8:45 am]

**BILLING CODE 9110–12–P**

**DEPARTMENT OF HEALTH AND HUMAN SERVICES** 

**45 CFR Part 153**

**[CMS–9957–F3; CMS–9964–F4]**

**RIN 0938–AR82; RIN 0938–AR74**

**Patient Protection and Affordable Care Act; Program Integrity: Exchange,**  **Premium Stabilization Programs, and Market Standards; Amendments to the**  **HHS Notice of Benefit and Payment Parameters for 2014; Correcting**  **Amendment**

**AGENCY :**  Centers for Medicare & Medicaid Services (CMS), HHS.

**ACTION :**  Final rule; correcting amendment.

**SUMMARY :**  In the October 30, 2013 issue of the Federal Register (78 FR 65046), we published a final rule entitled, ‘‘Program Integrity: Exchange, Premium Stabilization Programs, and Market Standards; Amendments to the HHS Notice of Benefit and Payment Parameters for 2014.’’ The effective date was December 30, 2013. This correcting amendment corrects technical and typographical errors identified in the October 30, 2013 final rule.

**DATES :**  This correcting amendment is effective July 2, 2014.

**FOR FURTHER INFORMATION CONTACT :**  Jaya Ghildiyal, (301) 492–5149.

**SUPPLEMENTARY INFORMATION :**  I. Background

In FR Doc 2013–25326 (78 FR 65046) the final rule entitled, ‘‘Program Integrity: Exchange, Premium Stabilization Programs, and Market Standards; Amendments to the HHS Notice of Benefit and Payment Parameters for 2014,’’ 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 July 2, 2014. II. Summary of Errors in the Regulations Text

On page 65094 of the October 30,
2013 Federal Register final rule, in the amendatory instructions for 45 CFR 153.530, we stated that we were amending paragraphs (b) and (c). However, we revised § 153.530(b) incorrectly. The language in paragraphs (b)(1)(i) and (b)(1)(ii) was inserted inadvertently, and duplicates the language that is correctly included in paragraphs (b)(2)(i) and (ii). Therefore, we are deleting § 153.530 (b)(1)(i) and (b)(1)(ii). We note that we are not making any other changes to § 153.530. 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

.


### 37662 Federal Register / Vol. 79, No. 127 / Wednesday, July 2, 2014 / Rules and Regulations

1 Increased CMPS are applicable only to violations occurring after the increase takes effect.

2 The CPI defined in the FCPIAA is the U.S.Department of Labor’s Consumer Price Index for allurban consumers (‘‘CPI–U’’). 28 U.S.C. 2461 note (3)(3). 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.

This document merely corrects technical errors related to one provision in the Program Integrity: Exchange, Premium Stabilization Programs, and Market Standards; Amendments to the HHS Notice of Benefit and Payment Parameters for 2014 final rule that was published on October 30, 2013 and became effective on December 30, 2013. The changes are not substantive changes to the standards set forth in the final rule. Therefore, we believe that undertaking further notice and comment procedures to incorporate these corrections and delay the effective date for these changes is unnecessary. In addition, we believe it is important for the public to have the correct information as soon as possible, and believe it is contrary to the public interest to delay when they become effective. For the reasons stated previously, we find there is good cause to waive notice and comment procedures and the 30-day delay in the effective date for this correction notice.
List of Subjects in 45 CFR Part 153

Administrative practice and procedure, Adverse selection, Health care, Health insurance, Health records, Organization and functions (Government agencies), Premium stabilization, Reporting and recordkeeping requirements, Reinsurance, Risk adjustment, Risk corridors, Risk mitigation, State and local governments.

Accordingly, the Department of Health and Human Services is making the following correcting amendment to 45 CFR part 153.

**PART 153—STANDARDS RELATED TO REINSURANCE, RISK CORRIDORS,**  **AND RISK ADJUSTMENT UNDER THE AFFORDABLE CARE ACT** 

■ 1. The authority citation for part 153 continues to read as follows:

Authority: Secs. 1311, 1321, 1341–1343, Pub. L. 111–148, 24 Stat. 119.

**§ 153.530 [Corrected]**

■ 2. In § 153.530, remove paragraphs (b)(1)(i) and (b)(1)(ii). Dated: June 25, 2014. C’Reda Weeden, Executive Secretary to the Department, Department of Health and Human Services.
[FR Doc. 2014–15560 Filed 7–1–14; 8:45 am]

**BILLING CODE 4120–01–P**

**FEDERAL MARITIME COMMISSION**

**46 CFR Part 506**

**[Docket No. 14–07]**

**RIN 3072–AC55**

**Inflation Adjustment of Civil Monetary Penalties** 

**AGENCY :**  Federal Maritime Commission.

**ACTION :**  Final rule.

**SUMMARY :**  This rule implements the Federal Civil Penalties Inflation Adjustment Act of 1990, as amended by the Debt Collection Improvement Act of 1996. The rule adjusts for inflation the maximum amount of each statutory civil penalty subject to Federal Maritime Commission (Commission) jurisdiction in accordance with the requirements of that Act.

**DATES :**  Effective July 11, 2014.

**FOR FURTHER INFORMATION CONTACT :**  Karen V. Gregory, Secretary, Federal Maritime Commission, 800 North Capitol Street NW., Room 1046, Washington, DC 20573, (202) 523–5725.

**SUPPLEMENTARY INFORMATION :**  This rule implements the Debt Collection Improvement Act of 1996 (DCIA), Public Law 104–134, Title III, section 31001(s)(1), April 26, 1996, 110 Stat. 1321–373. The DCIA amended the Federal Civil Penalties Inflation Adjustment Act of 1990 (FCPIAA), Public Law 101–410, Oct. 5, 1990, 104 Stat. 890, 28 U.S.C. 2461 note, to require the head of each executive agency to adopt regulations that adjust the maximum civil monetary penalties (CMPs) assessable under its agency’s jurisdiction at least every four years to ensure that they continue to maintain their deterrent value. 1 The Commission last adjusted each CMP subject to its jurisdiction effective July 31, 2009. (74 FR 38114, July 28, 2009).

The inflation adjustment under the FCPIAA is to be determined by increasing the maximum CMP by the cost-of-living, rounded off as set forth insection 5(a) of that Act. The cost-ofliving adjustment is the percentage (if any) for each CMP by which the Consumer Price Index (CPI) 2 for the month of June of the calendar year preceding the adjustment, exceeds the CPI for the month of June of the calendar year in which the amount of such CMP was last set or adjusted pursuant to law.

One example of an inflation adjustment is as follows. Section 13 of the Shipping Act of 1984 (1984 Act), 46 U.S.C. 41107, imposes a maximum $25,000 penalty for a knowing and willful violation of the 1984 Act which was inflation adjusted in 2009 to $40,000. First, to calculate the new CMP amounts under the amendment, we determine the appropriate CPI–U for June of the calendar year preceding the adjustment. Given that we are adjusting the CMPs in 2013, we use the CPI–U for June of 2012, which was 229.478. The CPI–U for June of the year the CMP was last adjusted for inflation must also be determined. The Commission last adjusted this CMP in 2009, therefore we use the CPI–U for June of 2009, which

was 215.693. Using those figures, we calculate the cost-of-living adjustment by dividing the CPI–U for June of 2012 (229.478) by the CPI–U for June of 2009 (215.693). Our result is 1.0639.

Second, we calculate the raw inflation adjustment (the inflation adjustment prior to rounding) by multiplying themaximum penalty amount by the costof-living adjustment. In our example, $40,000 multiplied by the cost-of-living adjustment of 1.0639 equals $ 42,556.

Third, we use the rounding rules set forth in Section 5(a) of the FCIPAA. In order to round only the increase amount, we subtract the current maximum penalty amount ($40,000) from the raw maximum inflation adjustment ($ 42,556), equaling $2,556. Under Section 5(a), if the penalty is greater than $10,000 but less than or equal to $100,000, we round the increase to the nearest multiple of $5,000. Therefore, the maximum penalty increase in our example is $5,000.

Finally, the rounded increase is added to the maximum penalty amount last set or adjusted. Here, $40,000 plus $5,000 equals a maximum inflation adjustment penalty amount of $45,000.

A similar calculation was done with respect to each CMP subject to the jurisdiction of the Commission. In compliance with the FCPIAA, as amended, the Commission is hereby amending 46 CFR 506.4(d) of its regulations which sets forth the newly adjusted maximum penalty amounts.

This final rule has been issued without prior public notice or