Federal Register / Vol. 78, No. 215 / Wednesday, November 6, 2013 / Rules and Regulations 66653 

C. Revisions to Petitioned-for Tolerances 

EPA is revising the tolerance 

expressions for plant and livestock 

commodities to clarify the chemical 

moieties that are covered by the 

tolerances and specify how compliance 

with the tolerances is to be measured. 

The revised tolerance expression makes 

clear that the tolerances cover ‘‘residues 

of imazapyr, including its metabolites 

and degradates,’’ as specified in FFDCA 

section 408(a)(3), and that compliance 

with the tolerance levels is to be 

determined by measuring only the 

residues of imazapyr [2-[4,5-dihydro-4- 

methyl-4-(1-methylethyl)-5-oxo-1Himidazol-2-yl]-3-pyridinecarboxylic 

acid]. EPA has determined that it is 

reasonable to make this change final 

without prior proposal and opportunity 

for comment because public comment is 

not necessary, in that the change has no 

substantive effect on the tolerance, but 

rather incorporates statutory 

requirements and is merely intended to 

clarify the existing tolerance expression. 

V. Conclusion 

Therefore, tolerances are established 

for residues of imazapyr [2-[4,5-dihydro4-methyl-4-(1-methylethyl)-5-oxo-1Himidazol-2-yl]-3-pyridinecarboxylic 

acid], in or on lentil at 0.2 ppm; 

rapeseed subgroup 20A and sunflower 

subgroup 20B at 0.05 ppm. 

VI. Statutory and Executive Order 

Reviews 

This final rule establishes tolerances 

under FFDCA section 408(d) in 

response to a petition submitted to the 

Agency. The Office of Management and 

Budget (OMB) has exempted these types 

of actions from review under Executive 

Order 12866, entitled ‘‘Regulatory 

Planning and Review’’ (58 FR 51735, 

October 4, 1993). Because this final rule 

has been exempted from review under 

Executive Order 12866, this final rule is 

not subject to Executive Order 13211, 

entitled ‘‘Actions Concerning 

Regulations That Significantly Affect 

Energy Supply, Distribution, or Use’’ (66 

FR 28355, May 22, 2001) or Executive 

Order 13045, entitled ‘‘Protection of 

Children from Environmental Health 

Risks and Safety Risks’’ (62 FR 19885, 

April 23, 1997). This final rule does not 

contain any information collections 

subject to OMB approval under the 

Paperwork Reduction Act (PRA) (44 

U.S.C. 3501 et seq.), nor does it require 

any special considerations under 

Executive Order 12898, entitled 

‘‘Federal Actions to Address 

Environmental Justice in Minority 

Populations and Low-Income 

Populations’’ (59 FR 7629, February 16, 

1994). 

Since tolerances and exemptions that 

are established on the basis of a petition 

under FFDCA section 408(d), such as 

the tolerance in this final rule, do not 

require the issuance of a proposed rule, 

the requirements of the Regulatory 

Flexibility Act (RFA) (5 U.S.C. 601 et 

seq.), do not apply. 

This final rule directly regulates 

growers, food processors, food handlers, 

and food retailers, not States or tribes, 

nor does this action alter the 

relationships or distribution of power 

and responsibilities established by 

Congress in the preemption provisions 

of FFDCA section 408(n)(4). As such, 

the Agency has determined that this 

action will not have a substantial direct 

effect on States or tribal governments, 

on the relationship between the national 

government and the States or tribal 

governments, or on the distribution of 

power and responsibilities among the 

various levels of government or between 

the Federal Government and Indian 

tribes. Thus, the Agency has determined 

that Executive Order 13132, entitled 

‘‘Federalism’’ (64 FR 43255, August 10, 

1999) and Executive Order 13175, 

entitled ‘‘Consultation and Coordination 

with Indian Tribal Governments’’ (65 FR 

67249, November 9, 2000) do not apply 

to this final rule. In addition, this final 

rule does not impose any enforceable 

duty or contain any unfunded mandate 

as described under Title II of the 

Unfunded Mandates Reform Act of 1995 

(UMRA) (2 U.S.C. 1501 et seq.). 

This action does not involve any 

technical standards that would require 

Agency consideration of voluntary 

consensus standards pursuant to section 

12(d) of the National Technology 

Transfer and Advancement Act of 1995 

(NTTAA) (15 U.S.C. 272 note). 

VII. Congressional Review Act 

Pursuant to the Congressional Review 

Act (5 U.S.C. 801 et seq.), EPA will 

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: October 22, 2013. 

Lois Rossi, 

Director, Registration Division, Office of 

Pesticide Programs. 

Therefore, 40 CFR chapter I is 

amended as follows: 

PART 180—[AMENDED] 

■ 1. The authority citation for part 180 

continues to read as follows: 

Authority: 21 U.S.C. 321(q), 346a and 371. 

■ 2. In § 180.500, paragraph (a) is 

amended by revising the introductory 

text and alphabetically adding the 

following commodities to the table to 

read as follows: 

§ 180.500 Imazapyr; tolerances for 

residues. 

(a) General. Tolerances are 

established for residues of the herbicide, 

imazapyr, including its metabolites and 

degradates, in or on the commodities in 

the following table. Compliance with 

the tolerance levels is to be determined 

by measuring only the residues of 

imazapyr [2-[4,5-dihydro-4-methyl-4-(1- 

methylethyl)-5-oxo-1H-imidazol-2-yl]-3- 

pyridinecarboxylic acid]. 

Commodity Parts per 

million 

* * * * * 

Lentil 1 ................................... 0.2 

* * * * * 

Rapeseed subgroup 20A1 .... 0.05 

* * * * * 

Sunflower subgroup 20B1 .... 0.05 

1There are no U.S. Registrations. 

* * * * * 

[FR Doc. 2013–26364 Filed 11–5–13; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

45 CFR Parts 153, 155, 156, 157, and 

158 

[CMS–9964–F3] 

RIN–0938–AR51 

Patient Protection and Affordable Care 

Act; HHS Notice of Benefit and 

Payment Parameters for 2014; 

Correcting Amendment 

AGENCY: Centers for Medicare & 

Medicaid Services (CMS), HHS. 

ACTION: Correcting amendment. 

SUMMARY: In the March 11, 2013 issue 

of the Federal Register, we published a 


pmangrum on DSK3VPTVN1PROD with RULES
66654 Federal Register / Vol. 78, No. 215 / Wednesday, November 6, 2013 / Rules and Regulations 

final rule entitled, ‘‘Patient Protection 

and Affordable Care Act; HHS Notice of 

Benefit and Payment Parameters for 

2014’’. This correcting amendment 

corrects several technical and 

typographical errors identified in the 

March 11, 2013 final rule. 

DATES: This correcting amendment is 

effective November 6, 2013. 

FOR FURTHER INFORMATION CONTACT: 

Jeff Wu, (301) 492–4305. 

Adrianne Glasgow, (410) 786–0686. 

SUPPLEMENTARY INFORMATION: 

I. Background 

In FR Doc. 2013–04902 (78 FR 15410), 

the final rule entitled, ‘‘Patient 

Protection and Affordable Care Act; 

HHS Notice of Benefit and Payment 

Parameters for 2014’’ there were 

technical and typographical errors that 

are identified and corrected in the 

regulations text of this correcting 

amendment. The effective date of the 

final rule was April 30, 2013. 

A. Summary of Errors in the Preamble 

On page 15421, in our discussion of 

factors included in the HHS risk 

adjustment models, we inadvertently 

omitted language regarding how an 

enrollee’s age for risk score calculation 

will be determined. 

On page 15493, in our discussion of 

limiting the definition of cost sharing to 

Essential Health Benefits, we 

inadvertently included the incorrect 

section reference to the Affordable Care 

Act. 

On page 15495, in our discussion of 

estimating the value of cost-sharing 

reductions to be provided under the 

limited cost sharing plan variation open 

to Indians regardless of household 

income, we made typographical errors. 

On pages 15503 and 15504 in our 

discussion regarding determining 

employer size for purposes of 

participation in the Small Business 

Health Option Program, we made 

inadvertent minor errors. On page 

15505, in our discussion of the medical 

loss ratio formula, a phrase was 

erroneously included. 

On page 15506, in our discussion of 

the technical correction to § 158.232(d), 

we made an inadvertent technical error. 

B. Summary of Errors in the Regulations 

Text 

On page 15526, in the regulation text 

of— 

• Section153.220(c)(2), we 

inadvertently used the term ‘‘if’’ instead 

of the term ‘‘of;’’ and 

• Section 153.230(a), we 

inadvertently omitted the term 

‘‘collected’’ after the phrase ‘‘for 

reinsurance payments from 

contributions.’’ 

On page 15529, in the regulations text 

of § 153.405(b), we inadvertently 

omitted references to paragraphs (f) and 

(g) of this section. 

On page 15540, in the regulation text 

of § 158.232(d), we inadvertently used 

the term ‘‘and’’ instead of the term ‘‘an.’’ 

II. Correction of Errors in the Preamble 

1. On page 15421, first column, 

second full paragraph, lines 4 through 

10, the sentence ‘‘To align with model 

calibration, an enrollee’s age for risk 

score calculation will be the age as of 

the enrollee’s last day of enrollment in 

a risk adjustment covered plan in the 

applicable benefit year will be used for 

enrollees in program operation.’’ is 

corrected to read ‘‘To align with model 

calibration, an enrollee’s age for risk 

score calculation for all enrollment 

periods will be based on the enrollee’s 

age in years on the last date of 

enrollment in the applicable benefit 

year in any risk adjustment covered 

plan for the issuer’’. 

2. On page 15493, third column, 

fourth full paragraph, line 2, ‘‘section 

1301(c)’’ is corrected to read ‘‘section 

1302(c)(3).’’ 

3. On page 15495, third column, first 

full paragraph, lines 1 through 15, the 

sentences ‘‘We are finalizing both our 

proposal for annual rulemaking in the 

notice of benefits and payment 

provisions to establish a methodology 

for advance payments for cost-sharing 

reductions under the limited cost 

sharing plan variation, and our proposal 

of a specific methodology for the 2014 

benefit year. As in the case of the other 

plan variation, we plan to review the 

methodology for calculating the advance 

payments once more data is available, 

and future notices of benefits and 

payment parameters may include 

different methodologies.’’ is corrected to 

read ‘‘We are finalizing both our 

proposal for annual rulemaking in the 

HHS notice of benefit and payment 

parameters provisions to establish a 

methodology for advance payments for 

cost-sharing reductions under the 

limited cost sharing plan variation, and 

our proposal of a specific methodology 

for the 2014 benefit year. As in the case 

of the other plan variations, we plan to 

review the methodology for calculating 

the advance payments once more data is 

available, and future HHS notices of 

benefit and payment parameters may 

include different methodologies.’’ 

4. On page 15503, third column, 

a. Second full paragraph, line 10 

‘‘IRC’’ is corrected to read ‘‘Code.’’ 

b. Third full paragraph, 

(1) Line 6, ‘‘IRC’’ is corrected to read 

‘‘Code.’’ 

(2) Line 8, ‘‘IRC’’ is corrected to read 

‘‘Code.’’. 

5. On page 15504, first column, 

a. First full paragraph, line 3, ‘‘this 

Notice’’ is corrected to read ‘‘this final 

rule’’. 

b. Second full paragraph, line 3, 

‘‘IRC’’ is corrected to read ‘‘Code’’. 

6. On page 15505, second column, last 

paragraph, lines 1 through 4, the 

sentence ‘‘Issuers must provide rebates 

to enrollees if their MLRs fall short of 

the applicable MLR standard for the 

reporting year.’’ is corrected to read 

‘‘Issuers must provide rebates if their 

MLRs fall short of the applicable MLR 

standard for the reporting year.’’. 

7. On page 15506, third column, last 

paragraph, line 9, the phrase ‘‘50 

percent—n’’ is corrected to read ‘‘50 

percent ∧ n’’. 

8. On page 15540, second column, 

second paragraph, line 3, the sentence 

‘‘Beginning with the 2013 MLR 

reporting year, the credibility 

adjustment for and MLR based on 

partially credible experience is zero if 

both of the following conditions are 

met:’’ is corrected to read ‘‘Beginning 

with the 2013 MLR reporting year, the 

credibility adjustment for an MLR based 

on partially credible experience is zero 

if both of the following conditions are 

met:’’ 

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 

there is good cause to do so, and the 

agency incorporates a statement of the 

findings and its reasons in the rule 

issued. 

This document merely corrects 

technical and typographic errors in the 

Patient Protection and Affordable Care 

Act; HHS Notice of Benefit and Payment 

Parameters for 2014 final rule that was 


pmangrum on DSK3VPTVN1PROD with RULES
Federal Register / Vol. 78, No. 215 / Wednesday, November 6, 2013 / Rules and Regulations 66655 

published on March 11, 2013 and 

became effective on April 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 

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. 

45 CFR Part 158 

Administrative practice and 

procedure, Claims, Health care, Health 

insurance, Health plans, penalties, 

Reporting and recordkeeping 

requirements, Premium revenues, 

Medical loss ratio, Rebating. 

As noted in section I of this correcting 

amendment, the Department of Health 

and Human Services is making the 

following correcting amendments to 45 

CFR parts 153 and 158. 

PART 153—STANDARDS RELATED TO 

REINSURANCE, RISK CORRIDORS, 

AND RISK ADJUSTMENT UNDER THE 

AFFORDABLE CARE ACT 

■ 1. The authority citation continues to 

read as follows: 

Authority: Secs. 1311, 1321, 1341–1343, 

Pub. L. 111–148, 24 Stat. 119. 

§ 153.220 [Amended] 

■ 2. In § 153.220(c)(2), the phrase ‘‘if 

this section’’ is removed and the phrase 

‘‘of this section’’ is added in its place. 

§ 153.230 [Amended] 

■ 3. In § 153.230(a), the phrase ‘‘for 

reinsurance payments from 

contributions’’ is removed and the 

phrase ‘‘for reinsurance payments from 

contributions collected’’ is added in its 

place. 

§ 153.405 [Amended] 

■ 4. In § 153.405(b), the phrase ‘‘(d) or 

(e) of this section’’ is removed and the 

phrase ‘‘(d) through (g) of this section’’ 

is added in its place. 

PART 158—ISSUER USE OF PREMIUM 

REVENUE: REPORTING AND REBATE 

REQUIREMENTS 

■ 5. The authority citation for part 158 

continues to read as follows: 

Authority: Section 2718 of the Public 

Health Service Act (42 U.S.C. 300gg–18, as 

amended). 

§ 158.232 [Amended] 

■ 6. In § 158.232(d) introductory text, 

the phrase ‘‘adjustment for and’’ is 

removed and the phrase ‘‘adjustment for 

an’’ is added in its place. 

Dated: October 30, 2013. 

Jennifer M. Cannistra, 

Executive Secretary to the Department, 

Department of Health and Human Services. 

[FR Doc. 2013–26579 Filed 11–5–13; 8:45 am] 

BILLING CODE 4120–01–P 

DEPARTMENT OF TRANSPORTATION 

National Highway Traffic Safety 

Administration 

49 CFR Part 575 

[Docket No. NHTSA–2013–0120] 

RIN 2127–AL49 

Consumer Information; Uniform Tire 

Quality Grading Standards 

AGENCY: National Highway Traffic 

Safety Administration (NHTSA), 

Department of Transportation (DOT). 

ACTION: Interim final rule; request for 

comments. 

SUMMARY: The Uniform Tire Quality 

Grading Standards (UTQGS) contain 

detailed testing procedures for 

generating consumer information about 

the treadwear, traction, and temperature 

resistance of passenger car tires. To 

ensure the uniformity of treadwear 

grades, the grading procedures specify a 

400-mile test course located near San 

Angelo, Texas. Two or four-vehicle 

convoys equipped with candidate tires 

travel along this course to evaluate the 

tire treadwear performance. Because 

flooding is currently affecting several 

water crossings along a portion of the 

test course, NHTSA is issuing this 

interim final rule to add an alternate 

treadwear test course route to avoid the 

inaccessible portions of the course. This 

change will not compromise the 

reliability of the treadwear grades, and 

will not impose or relax any substantive 

requirements or burdens on 

manufacturers. Although the addition of 

the alternative course route is effective 

immediately, in order to benefit from 

comments which interested parties and 

the public may have, the agency is 

requesting that comments be submitted 

to the docket for this rule. Following the 

close of the comment period, the agency 

will publish a document responding to 

the comments and, if appropriate, the 

agency will amend the provisions of this 

rule. 

DATES: Effective date: This interim final 

rule is effective November 6, 2013. 

Comments: You should submit your 

comments early enough to be received 

not later than January 6, 2014. 

ADDRESSES: You may submit comments, 

identified by the docket number at the 

heading of this notice, by any of the 

following methods: 

Online: Go to http://

www.regulations.gov. Follow the 

instructions for submitting comments 

on the electronic docket site by clicking 

on ‘‘Help’’ or ‘‘FAQs.’’ 

Fax: 1–202–493–2251. 

Mail: U.S. Department of 

Transportation, Docket Operations, M– 

30, Room W12–140, 1200 New Jersey 

Avenue SE., Washington, DC 20590. 

Hand Delivery: 1200 New Jersey 

Avenue SE., West Building Ground 

Floor, Room W12–140, Washington, DC, 

between 9 a.m. and 5 p.m., Monday 

through Friday, except Federal holidays. 

Instructions: All submissions must 

include the agency name and docket 

number. Note that all comments 

received will be posted without change 

to http://www.regulations.gov, including 

any personal information provided. 

Please see the Privacy Act discussion 

below. We will consider all comments 

received before the close of business on 

the comment closing date indicated 

above. To the extent possible, we will 

also consider comments filed after the 

closing date. 

Docket: For access to the docket to 

read background documents or 

comments received, go to http://

www.regulations.gov at any time or to 

1200 New Jersey Avenue SE., West 

Building Ground Floor, Room W12–140, 

Washington, DC 20590, between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal holidays. Telephone: 

(202) 366–9826. 

Privacy Act: Anyone is able to search 

the electronic form of all comments 

received into any of our dockets by the 

name of the individual submitting the 

comment (or signing the comment, if 

submitted on behalf of an association, 

business, labor union, etc.). You may 


pmangrum on DSK3VPTVN1PROD with RULES