82786 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. 

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 

■ 1. The authority citation for part 180 

continues to read as follows: 

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. 

(a) * * * 

(1) * * * 

TABLE 1 TO PARAGRAPH (a)(1) 

Commodity Parts per 

million 

Barley, grain ............................... 0.01 

Barley, hay .................................. 0.2 

Barley, straw ............................... 0.08 

* * * * * 

Wheat, forage ............................. 0.02 

Wheat, grain ............................... 0.01 

Wheat, hay ................................. 0.05 

Wheat, straw ............................... 0.03 

(2) Tolerances are established for 

residues of tolpyralate, 1-[[1-ethyl-4-[3- 

(2-methoxyethoxy)-2-methyl-4- 

(methylsulfonyl)benzoyl]-1H-pyrazol-5- 

yl]oxy]ethyl methyl carbonate and 

metabolite MT–2153 [1-ethyl-5- 

hydroxy-1H-pyrazol-4-yl-3-(2- 

methoxyethoxy)-4-mesyl-2- 

methylphenyl 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-5- 

yl]oxy]ethyl methyl carbonate and 

metabolite MT–2153 [1-ethyl-5- 

hydroxy-1H-pyrazol-4-yl-3-(2- 

methoxyethoxy)-4-mesyl-2- 

methylphenyl ketone], in or on the 

commodity. 

TABLE 2 TO PARAGRAPH (a)(2) 

Commodity Parts per 

million 

Cattle, byproducts ....................... 0.02 

Goat, byproducts ........................ 0.02 

Horse, byproducts ...................... 0.02 

Sheep, byproducts ...................... 0.02 

* * * * * 

[FR Doc. 2023–25871 Filed 11–24–23; 8:45 am] 

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 

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 


khammond on DSKJM1Z7X2PROD with RULES
Federal Register / Vol. 88, No. 226 / Monday, November 27, 2023 / Rules and Regulations 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: 

■ 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 & 

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 

U.S.C. section(s) CFR 1 HHS 

agency Description 2

Date of last 

penalty, 

figure or 

adjustment 3

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). 

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. 

2022 3,701 3,988 

1395y(b)(7)(B)(i) ............ 42 CFR 402.1(c)(21), 

402.105(a). 

CMS 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. 

2022 1,325 1,428 

* * * * * * * 

1395y(b)(8)(E)(i) ............ 42 CFR 402.1(c)(22), 

402.105(b)(2). 

CMS 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 1,325 1,428 

* * * * * * * 

1Some HHS components have not promulgated regulations regarding their civil monetary penalty-specific statutory authorities. 

2The description is not intended to be a comprehensive explanation of the underlying violation; the statute and corresponding regulation, if applicable, should be 

consulted. 3Statutory or Inflation Act Adjustment. 

4OMB 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 


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