43820 Federal Register / Vol. 78, No. 140 / Monday, July 22, 2013 / Rules and Regulations 

promulgating this rule consistent with 

the Federal Plain Writing Act and 

requests public comment on this effort. 

List of Subjects in 42 CFR 7 

Public health, CDC, Reference 

biological standards, Biological 

preparations, Schedule of charges 

Amended Text 

For the reasons discussed in the 

preamble, the Department of Health and 

Human Services amends 42 CFR Part 7 

as follows: 

PART 7—DISTRIBUTION OF 

REFERENCE BIOLOGICAL 

STANDARDS AND BIOLOGICAL 

PREPARATIONS 

■ 1. The authority citation for part 7 is 

revised to read as follows: 

Authority: Sec. 215, 58 Stat. 690, as 

amended (42 U.S.C. 216); title V of the 

Independent Offices Appropriations Act of 

1952 (31 U.S.C. 9701); and secs. 301(a) and 

352 of the Public Health Service Act, as 

amended (42 U.S.C. 241(a) and 263). 

* * * * * 

■ 2. Revise § 7.1 to read as follows: 

§ 7.1 Applicability. 

The provisions of this part are 

applicable to private entities requesting 

from the Centers for Disease Control and 

Prevention (CDC) reference biological 

Standards and Biological preparations 

for use in their laboratories. 

■ 3. Revise § 7.4 to read as follows: 

§ 7.4 Schedule of charges. 

The charges imposed in § 7.2 are 

based on the amount published in 

CDC’s price list of available products. 

These changes will reflect direct costs 

(such as salaries and equipment), 

indirect costs (such as rent, telephone 

service, and a proportionate share of 

management and administrative costs), 

and the cost of particular ingredients. 

Charges may vary over time and 

between different biological standards 

or biological preparations, depending 

upon the cost of ingredients and the 

complexity of production. An up-to-date 

schedule of charges is available from the 

Division of Scientific Resources, Centers 

for Disease Control, 1600 Clifton Road 

NE., MS C–17, Atlanta, Georgia, 30333 

or 404–639–3466. 

■ 4. Revise § 7.5 to read as follows: 

§ 7.5 Payment procedures. 

An up-to-date fee schedule and 

instructions for terms of payment are 

available from the Division of Scientific 

Resources, Centers for Disease Control 

and Prevention, 1600 Clifton Road, MS 

C–17, Atlanta, Georgia 30333 or 404– 

639–3466. Any changes in the fee 

schedule will be published in the 

Federal Register. The fee must be paid 

in U.S. dollars at the time that the 

requester requests the biological 

reference standard or biological 

preparation. 

Dated: July 12, 2013. 

Kathleen Sebelius, 

Secretary. 

[FR Doc. 2013–17543 Filed 7–19–13; 8:45 am] 

BILLING CODE 4163–18–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Centers for Medicare & Medicaid 

Services 

42 CFR Parts 422 and 423 

[CMS–4173–CN] 

RIN 0938–AR69 

Medicare Program; Medical Loss Ratio 

Requirements for the Medicare 

Advantage and the Medicare 

Prescription Drug Benefit Programs; 

Correction 

AGENCY: Centers for Medicare & 

Medicaid Services (CMS), HHS. 

ACTION: Final rule; correction. 

SUMMARY: This document corrects 

technical, typographical, and crossreferencing errors in the final rule that 

appeared in the May 23, 2013 Federal 

Register titled ‘‘Medicare Program; 

Medical Loss Ratio Requirements for the 

Medicare Advantage and the Medicare 

Prescription Drug Benefit Programs.’’ 

DATES: This correction document is 

effective on July 22, 2013. 

FOR FURTHER INFORMATION CONTACT: Ilina 

Chaudhuri, 410–786–8628 or 

Ilina.Chaudhuri@cms.hhs.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

In FR Doc. 2013–12156 of May 23, 

2013 (78 FR 31284), there were a 

number of technical, typographical, and 

cross-referencing errors that are 

identified and corrected in the 

Correction of Errors section of this 

correcting document. The provisions in 

this correction document are effective as 

if they had been included in the 

document published May 23, 2013. 

Accordingly, the corrections are 

effective July 22, 2013. 

II. Summary of Errors 

• On page 31307, in § 422.2401- 

Definitions, Non-claims costs, 

paragraphs (3) and (4) of the regulations 

text, we made errors in the parenthetical 

cross-references for the definition of 

non-claims cost. 

• On page 31308, in § 422.2420(c) 

Determining the MLR denominator, we 

made an error in the parenthetical crossreferences for the regulatory 

requirement for the total revenue. 

• On page 31310, in the table of 

contents for part 423 Subpart X— 

Requirements for a Minimum Medical 

Loss Ratio, we made a typographical 

error in a section number. 

• On page 31311, in § 423.2410- 

General requirements, and in 

§ 423.2420-Calculation of medical loss 

ratio, of the regulations text, we made 

several technical errors in the regulatory 

requirements as well as typographical 

errors in several references. 

• On page 31312, in § 423.2420(c)(4) 

and (c)(5) of the regulations text, we 

incorrectly stated the section number for 

two parenthetical references. We also 

made a typographical error in the 

discussion of total revenue. 

III. Waiver of Proposed Rulemaking 

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. 

In our view, this correcting document 

does not constitute a rulemaking that 

would be subject to the APA notice and 

comment or delayed effective date 

requirements. This correcting document 

corrects technical, typographical, and 

cross-referencing errors in the Medicare 

Program; Medical Loss Ratio 

Requirements for the Medicare 

Advantage and the Medicare 

Prescription Drug Benefit Programs final 

rule and does not make substantive 

changes to the policies or payment 

methodologies that were adopted in the 

final rule. As a result, this correcting 

document is intended to ensure that the 

regulations text of the final rule 

accurately reflects the policies adopted. 

In addition, even if this were a 

rulemaking to which the notice and 

comment applied, we find that there is 

good cause to waive such requirements. 

Undertaking further notice and 

comment procedures to incorporate the 

corrections in this document into the 

final rule would be contrary to the 


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Federal Register / Vol. 78, No. 140 / Monday, July 22, 2013 / Rules and Regulations 43821 

public interest. Furthermore, such 

procedures would be unnecessary, as 

we are not altering the policies that 

were already subject to comment and 

finalized in our final rule. Therefore, we 

believe we have good cause to waive the 

notice and comment requirements. 

IV. Correction of Errors 

In FR Doc. 2013–12156 of May 23, 

2013 (78 FR 31284), make the following 

corrections: 

1. On page 31307, lower two-thirds of 

the page, second column, last paragraph 

(§ 422.2401—definition of non-claims 

costs), 

a. Line 9 (paragraph 3 of the 

definition of non-claims costs), the 

parenthetical cross-reference 

‘‘§ 422.2420(c)(2)(ii)’’ is corrected to 

read ‘‘§ 422.2420(c)(2)(i)’’. 

b. Last line (line 12—paragraph 4 of 

the definition of non-claims costs), the 

parenthetical cross-reference 

‘‘§ 422.2420(c)(2)(i) and (iii)’’ is 

corrected to read ‘‘§ 422.2420(c)(2)(ii) 

and (iii)’’. 

2. On page 31308, third column, first 

paragraph, § 422.2420(c)-Determining 

the MLR denominator, lines 11 and 12, 

the phrase ‘‘in accordance with 

paragraph (c)(4) of this section’’ is 

corrected to read ‘‘in accordance with 

paragraphs (c)(4) and (c)(5) of this 

section.’’ 

3. On page 31310, third column, 10th 

paragraph (table of contents for part 423 

Subpart X), line 2, the section number 

‘‘423.2300’’ is corrected to read 

‘‘423.2400’’. 

4. On page 31311, 

a. First column, 11th paragraph 

(§ 423.2410(d)), 

(1) Line 4, the phrase ‘‘CMS does 

terminate’’ is corrected to read ‘‘CMS 

terminates’’. 

(2) Line 5, the cross-reference 

‘‘§ 423.509(a)(11) and (14)’’ is corrected 

to read ‘‘§ 423.509(b)(1) and (d)’’. 

b. Second column, first paragraph 

(§ 423.2420(b)), line 7, the reference 

‘‘paragraph (b)(1)(iv)’’ is corrected to 

read ‘‘paragraphs (b)(5) and (b)(6)’’. 

c. Third column, third full paragraph 

(§ 423.2420(c)), 

(1) Lines 4 through 6, the phrase 

‘‘must be in accordance with paragraph 

(c)(4) of this section and equal’’ is 

corrected to read ‘‘must equal’’. 

(2) Line 7, the phrase ‘‘Total revenue 

is as’’ is corrected to read ‘‘Total 

revenue under the contract is as’’. 

(3) Line 12 the phrase ‘‘paragraph and 

(c)(3)’’ is corrected to read ‘‘and 

paragraph (c)(3)’’. 

(4) Line 13, the phrase ‘‘in accordance 

with (c)(4)’’ is corrected to ‘‘in 

accordance with paragraphs (c)(4) and 

(5)’’. 

5. On page 31312, 

a. First column, last paragraph 

(§ 423.2420(c)(4)), line 2, the 

parenthetical cross-reference 

‘‘§ 422.2420(c)’’ is corrected to read 

‘‘§ 423.2420(c)’’ 

b. Second column, 

(1) First partial paragraph, lines 1 and 

2, the phrase ‘‘were assumed and 

revenue’’ is corrected to read ‘‘were 

assumed and no revenue’’. 

(2) First full paragraph 

(§ 423.2420(c)(5)), line 2, the 

parenthetical reference ‘‘§ 422.2420(c)’’ 

is corrected to read ‘‘§ 423.2420(c)’’. 

(Catalog of Federal Domestic Assistance 

Program No. 93.773, Medicare—Hospital 

Insurance; and Program No. 93.774, 

Medicare—Supplementary Medical 

Insurance Program) 

Dated: July 16, 2013. 

Jennifer M. Cannistra, 

Executive Secretary to the Department, 

Department of Health and Human Services. 

[FR Doc. 2013–17544 Filed 7–19–13; 8:45 am] 

BILLING CODE 4120–01–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Federal Emergency Management 

Agency 

44 CFR Part 67 

[Docket ID FEMA–2013–0002] 

Final Flood Elevation Determinations 

AGENCY: Federal Emergency 

Management Agency, DHS. 

ACTION: Final rule. 

SUMMARY: Base (1% annual-chance) 

Flood Elevations (BFEs) and modified 

BFEs are made final for the 

communities listed below. The BFEs 

and modified BFEs are the basis for the 

floodplain management measures that 

each community is required either to 

adopt or to show evidence of being 

already in effect in order to qualify or 

remain qualified for participation in the 

National Flood Insurance Program 

(NFIP). 

DATES: The date of issuance of the Flood 

Insurance Rate Map (FIRM) showing 

BFEs and modified BFEs for each 

community. This date may be obtained 

by contacting the office where the maps 

are available for inspection as indicated 

in the table below. 

ADDRESSES: The final BFEs for each 

community are available for inspection 

at the office of the Chief Executive 

Officer of each community. The 

respective addresses are listed in the 

table below. 

FOR FURTHER INFORMATION CONTACT: Luis 

Rodriguez, Chief, Engineering 

Management Branch, Federal Insurance 

and Mitigation Administration, Federal 

Emergency Management Agency, 500 C 

Street SW., Washington, DC 20472, 

(202) 646–4064, or (email) 

Luis.Rodriguez3@fema.dhs.gov. 

SUPPLEMENTARY INFORMATION: The 

Federal Emergency Management Agency 

(FEMA) makes the final determinations 

listed below for the modified BFEs for 

each community listed. These modified 

elevations have been published in 

newspapers of local circulation and 

ninety (90) days have elapsed since that 

publication. The Deputy Associate 

Administrator for Mitigation has 

resolved any appeals resulting from this 

notification. 

This final rule is issued in accordance 

with section 110 of the Flood Disaster 

Protection Act of 1973, 42 U.S.C. 4104, 

and 44 CFR part 67. FEMA has 

developed criteria for floodplain 

management in floodprone areas in 

accordance with 44 CFR part 60. 

Interested lessees and owners of real 

property are encouraged to review the 

proof Flood Insurance Study and FIRM 

available at the address cited below for 

each community. The BFEs and 

modified BFEs are made final in the 

communities listed below. Elevations at 

selected locations in each community 

are shown. 

National Environmental Policy Act. 

This final rule is categorically excluded 

from the requirements of 44 CFR part 

10, Environmental Consideration. An 

environmental impact assessment has 

not been prepared. 

Regulatory Flexibility Act. As flood 

elevation determinations are not within 

the scope of the Regulatory Flexibility 

Act, 5 U.S.C. 601–612, a regulatory 

flexibility analysis is not required. 

Regulatory Classification. This final 

rule is not a significant regulatory action 

under the criteria of section 3(f) of 

Executive Order 12866 of September 30, 

1993, Regulatory Planning and Review, 

58 FR 51735. 

Executive Order 13132, Federalism. 

This final rule involves no policies that 

have federalism implications under 

Executive Order 13132. 

Executive Order 12988, Civil Justice 

Reform. This final rule meets the 

applicable standards of Executive Order 

12988. 

List of Subjects in 44 CFR Part 67 

Administrative practice and 

procedure, Flood insurance, Reporting 

and recordkeeping requirements. 

Accordingly, 44 CFR part 67 is 

amended as follows: 


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