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

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. 


wreier-aviles on DSK5TPTVN1PROD with RULES
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. 

2The 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 in 

section 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 the 

maximum 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 


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