27912 Federal Register / Vol. 83, No. 116 / Friday, June 15, 2018 / Rules and Regulations 

the U.S. House of Representatives, and 

the Comptroller General of the United 

States prior to publication of the rule in 

the Federal Register. A major rule 

cannot take effect until 60 days after it 

is published in the Federal Register. 

This action is not a ‘‘major rule’’ as 

defined by 5 U.S.C. 804(2). 

Under section 307(b)(1) of the CAA, 

petitions for judicial review of this 

action must be filed in the United States 

Court of Appeals for the appropriate 

circuit by August 14, 2018. Filing a 

petition for reconsideration by the 

Administrator of this final rule does not 

affect the finality of this action for the 

purposes of judicial review nor does it 

extend the time within which a petition 

for judicial review may be filed, and 

shall not postpone the effectiveness of 

such rule or action. This action may not 

be challenged later in proceedings to 

enforce its requirements. (See section 

307(b)(2).) 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Nitrogen dioxide, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds. 

Dated: June 4, 2018. 

Cathy Stepp, 

Regional Administrator, Region 5. 

40 CFR part 52 is amended as follows: 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 1. The authority citation for part 52 

continues to read as follows: 

Authority: 42 U.S.C. 7401 et seq. 

■ 2. Section 52.2593 is added to read as 

follows: 

§ 52.2593 Visibility protection. 

(a) Approval. Wisconsin submitted its 

regional haze plan to EPA on January 

18, 2012, supplemented on June 7, 2012. 

The Wisconsin regional haze plan meets 

the requirements of Clean Air Act 

section 169B and the Regional Haze 

Rule in 40 CFR 51.308. 

(b) Approval. Wisconsin submitted its 

five-year progress report on March 17, 

2017. The Progress Report meets the 

requirements of Clean Air Act sections 

169A and 169B and the Regional Haze 

Rule in 40 CFR 51.308. 

[FR Doc. 2018–12810 Filed 6–14–18; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Centers for Medicare & Medicaid 

Services 

42 CFR Parts 405, 417, 422, 423, 460, 

and 498 

[CMS–4182–CN2] 

RIN 0938–AT08 

Medicare Program; Medicare Program; 

Contract Year 2019 Policy and 

Technical Changes to the Medicare 

Advantage, Medicare Cost Plan, 

Medicare Fee-for-Service, the Medicare 

Prescription Drug Benefit Programs, 

and the PACE Program; Correction 

AGENCY: Centers for Medicare & 

Medicaid Services (CMS), HHS. 

ACTION: Final rule; correction. 

SUMMARY: This document corrects 

technical and typographical errors that 

appeared in the final rule published in 

the Federal Register on April 16, 2018 

titled ‘‘Medicare Program; Contract Year 

2019 Policy and Technical Changes to 

the Medicare Advantage, Medicare Cost 

Plan, Medicare Fee-for-Service, the 

Medicare Prescription Drug Benefit 

Programs, and the PACE Program.’’ 

DATES: Effective Date: This correcting 

document is effective June 15, 2018. 

FOR FURTHER INFORMATION CONTACT: 

Marie Manteuffel, (410) 786–3447. Lucia 

Patrone, (410) 786–8621. 

SUPPLEMENTARY INFORMATION: 

I. Background 

In FR Doc. 2018–07179 of April 16, 

2018 (83 FR 16440), there were a 

number of technical and typographical 

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 that appeared 

in the April 16, 2018 Federal Register. 

Accordingly, these corrections are 

effective June 15, 2018. 

II. Summary of Errors 

A. Summary of Errors in the Preamble 

On page 16498, in our response to a 

comment regarding default enrollment, 

we made and error in referencing the 

Medicare and Medicaid programs. 

On page 16503, in our response to a 

comment on passive enrollment 

eligibility, we included footnote that 

contains a hyperlink to the document by 

Health Management Associates titled 

‘‘Value Assessment of the Senior Care 

Options (SCO) Program’’ that is no 

longer valid. 

On pages 16679 through 16684, we 

made technical and typographical errors 

in the table numbering and references of 

the stop-loss insurance deductible 

tables. 

On page 16684, in summarizing a 

comment and response regarding stoploss coverage, we inadvertently 

included a response as part of the 

comment and excluded a sentence from 

part of a response. 

On page 16703, in the regulatory 

impact analysis section, we erroneously 

stated the percentages of Medicare 

health plan organizations and Part D 

sponsors that are not-for-profit. In 

addition, we made factual and 

typographical errors in our discussion of 

the percentage of Medicare Advantage 

organizations (MAOs) that meet the 

minimum threshold for classification as 

small businesses. 

On page 16710, in our discussion of 

the percentage of enrollees that are 

receiving services under capitated 

arrangements, we made technical and 

typographical errors in an assumption 

and our terminology. 

B. Summary of Errors in the Regulations 

Text 

On pages 16731 and 16732, in the 

regulations text changes for § 422.208, 

we made technical and typographical 

errors in the table numbering and 

references of the stop-loss insurance 

deductible tables. 

On pages 16735 and 16754, in the 

regulations text for §§ 422.2260 and 

423.2260, respectively, we made 

technical errors in the language and 

paragraph designations for the 

definitions of ‘‘marketing,’’ ‘‘marketing 

materials,’’ and ‘‘materials that do not 

include the following are not considered 

marketing materials.’’ 

On page 16735, in the regulations text 

for § 422.2268 we erroneously indicated 

that we were revising two paragraphs 

instead of indicating that we were 

revising the entire section. 

On page 16738, in the regulations text 

for § 423.120, we made an inadvertent 

typographical error in punctuating the 

end of the paragraph. 

On page 16755, in the regulations text 

for § 423.2262, we inadvertently omitted 

the asterisks before paragraph (d), 

indicating that paragraphs (a) through 

(c) are retained without change. 

III. Waiver of Proposed Rulemaking 

and Delay in Effective Date 

Under 5 U.S.C. 553(b) of the 

Administrative Procedure Act (APA), 

the agency is required to publish a 

notice of the proposed rule in the 

Federal Register before the provisions 

of a rule take effect. Similarly, section 


sradovich on DSK3GMQ082PROD with RULES
Federal Register / Vol. 83, No. 116 / Friday, June 15, 2018 / Rules and Regulations 27913 

1871(b)(1) of the Act requires the 

Secretary to provide for notice of the 

proposed rule in the Federal Register 

and provide a period of not less than 60 

days for public comment. In addition, 

section 553(d) of the APA, and section 

1871(e)(1)(B)(i) of the Act mandate a 30- 

day delay in effective date after issuance 

or publication of a rule. Sections 

553(b)(B) and 553(d)(3) of the APA 

provide for exceptions from the notice 

and comment and delay in effective date 

APA requirements; in cases in which 

these exceptions apply, sections 

1871(b)(2)(C) and 1871(e)(1)(B)(ii) of the 

Act provide exceptions from the notice 

and 60-day comment period and delay 

in effective date requirements of the Act 

as well. Section 553(b)(B) of the APA 

and section 1871(b)(2)(C) of the Act 

authorize an agency to dispense with 

normal rulemaking requirements for 

good cause if the agency makes a 

finding that the notice and comment 

process are impracticable, unnecessary, 

or contrary to the public interest. In 

addition, both section 553(d)(3) of the 

APA and section 1871(e)(1)(B)(ii) of the 

Act allow the agency to avoid the 30- 

day delay in effective date where such 

delay is contrary to the public interest 

and an agency includes a statement of 

support. 

We believe that this correcting 

document does not constitute a rule that 

would be subject to the notice and 

comment or delayed effective date 

requirements of the APA or section 1871 

of the Act. This correcting document 

corrects technical and typographic 

errors in the preamble and regulation 

text of the final rule but does not make 

substantive changes to the policies that 

were adopted in the final rule. As a 

result, this correcting document is 

intended to ensure that the information 

in the final rule accurately reflects the 

policies adopted in that final rule. 

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 corrections in this 

document into the final rule or delaying 

the effective date would be contrary to 

the public interest because it is in the 

public’s interest to ensure that final rule 

accurately reflects our policies. 

Furthermore, such procedures would be 

unnecessary, as we are not altering 

payment eligibility or benefit 

methodologies or policies, but rather, 

simply implementing correctly the 

policies that we previously proposed, 

received comment on, and subsequently 

finalized. This correcting document is 

intended solely to ensure that the final 

rule accurately reflects these policies. 

Therefore, we believe we have good 

cause to waive the notice and comment 

and effective date requirements. 

IV. Correction of Errors 

In FR Doc. 2018–07179 of April 16, 

2018 (83 FR 16440), make the following 

corrections: 

A. Corrections of Errors in the Preamble 

1. On page 16498, third column, first 

full paragraph, line 19, the phrase 

‘‘Medicare or Medicare is issued’’ is 

corrected to read ‘‘Medicaid or Medicare 

is issued’’. 

2. On page 16503, third column, 

footnote paragraphs (footnote 29), first 

bulleted paragraph, lines 3 through 5, 

the hyperlink ‘‘http://www.mahp.com/ 

unify-files/HMAFinalSCOWhitePaper_

2015_07_21.pdf’’ is corrected to read 

‘‘http://www.mahp.com/wp-content/ 

uploads/2017/04/SCO-White-PaperHMA-2015_07_20-Final.pdf.’’ 

3. On page 16677, third column, first 

partial paragraph, lines 26 and 27, the 

parenthetical reference, ‘‘(Table PIP– 

11)’’ is corrected to read ‘‘(Table 1)’’. 

4. On page 16679, 

a. Top two-thirds of the page, third 

column, partial paragraph— 

(1) Lines 22 and 23, the parenthetical 

reference, ‘‘(Table PIP–11)’’ is corrected 

to read ‘‘(Table 1)’’. 

(2) Line 27, the reference, ‘‘Table PIP– 

11’’ is corrected to read ‘‘Table PIP–1’’. 

(3) Line 29, the reference, ‘‘Table PIP– 

11’’ is corrected to read ‘‘Table PIP–1’’. 

(4) Line 36, the reference, ‘‘Table PIP– 

11’’ is corrected to read ‘‘Table PIP–1’’. 

b. Lower third of the page— 

(1) In the table titled ‘‘TABLE PIP– 

11—COMBINED STOP-LOSS 

INSURANCE DEDUCTIBLES’’, the table 

title is corrected to read as follows: 

‘‘TABLE PIP–1—COMBINED STOPLOSS INSURANCE DEDUCTIBLES’’ 

(2) After the table, first column, 

partial paragraph, line 2, the reference 

‘‘Table 1’’ is corrected to read ‘‘Table 

PIP–1’’. 

5. On page 16680, 

a. First column— 

(1) First partial paragraph, line 11, the 

reference ‘‘Table 1’’ is corrected to read 

‘‘Table PIP–1’’. 

(2) Second partial paragraph, line 4, 

the phrase ‘‘proposed Table 1’’ is 

corrected to read ‘‘proposed Table PIP– 

1’’. 

b. Second column, 

(1) Line 6, the parenthetical reference, 

‘‘(Table PIP–12)’’ is corrected to read 

‘‘(Table PIP–2)’’. 

(2) Line 15, the reference, ‘‘Table PIP– 

12’’ is corrected to read ‘‘Table PIP–2’’. 

(3) Line 17, the reference, ‘‘Table PIP– 

11’’ is corrected to read ‘‘Table PIP–1’’. 

(4) Line 19, the reference, ‘‘Table PIP– 

12’’ is corrected to read ‘‘Table PIP–2’’. 

c. Third column, partial paragraph— 

(1) Line 2, the reference, ‘‘Table PIP– 

11’’ is corrected to read ‘‘Table PIP–1’’. 

(2) Line 4, the reference, ‘‘Table PIP– 

12’’ is corrected to read ‘‘Table PIP–2’’. 

(3) Line 8, the reference, ‘‘Table PIP– 

11’’ is corrected to read ‘‘Table PIP–1’’. 

(4) Lines 13 and 14, the reference, 

‘‘Table PIP–12’’ is corrected to read 

‘‘Table PIP–2’’. 

(5) Line 16, the reference, ‘‘Table PIP– 

12’’ is corrected to read ‘‘Table PIP–2’’. 

6. On pages 16681 and 16682, 

a. Top of the page, in the table titled 

‘‘TABLE PIP–12—SEPARATE STOPLOSS INSURANCE DEDUCTIBLES’’, 

the table title is corrected to read as 

follows: ‘‘TABLE PIP–2—SEPARATE 

STOP-LOSS INSURANCE 

DEDUCTIBLES’’ 

b. Bottom of the page, 

(1) Second column, partial paragraph, 

line 2, the reference, ‘‘Table PIP–12’’ is 

corrected to read ‘‘Table PIP–2’’. 

(2) Third column, partial paragraph, 

line 2, the reference, ‘‘Table PIP–11’’ is 

corrected to read ‘‘Table PIP–1’’. 

7. On page 16683, 

a. First column, 

(1) First partial paragraph, 

(a) Lines 4 and 5, the reference, 

‘‘Table PIP–11’’ is corrected to read 

‘‘Table PIP–1’’. 

(b) Line 5, the reference, ‘‘Table PIP– 

12’’ is corrected to read ‘‘Table PIP–2’’. 

(c) Line 14, the reference, ‘‘Table PIP– 

12’’ is corrected to read ‘‘Table PIP–2’’. 

(d) Lines 18 and 19, the reference, 

‘‘Table PIP–12’’ is corrected to read 

‘‘Table PIP–2’’. 

b. Third column— 

(1) Second full paragraph, lines 12 

and 13, the parenthetical reference, 

‘‘(Tables PIP–11 and PIP–12)’’ is 

corrected to read ‘‘(Tables PIP–1 and 

PIP–2)’’. 

(2) Fourth full paragraph, lines 5 and 

6, the parenthetical reference, ‘‘(Table 

PIP–11)’’ is corrected to read ‘‘(Table 

PIP–1)’’. 

(3) Fifth full paragraph, lines 3 and 4 

the parenthetical reference, ‘‘(Table PIP– 

11 and Table PIP–12)’’ is corrected to 

read ‘‘(Tables PIP–1 and PIP–2)’’. 

8. On page 16684, lower two-thirds of 

the page (following the equation), first 

column— 

a. Third full paragraph, the paragraph, 

‘‘Comment: We received a comment 

recommending that CMS consult with 

stop loss coverage experts in developing 

this regulation. We believe that this 

regulation, as finalized, is consistent 

with the applicable actuarial principles 

and practices.’’ is corrected to read 

‘‘Comment: We received a comment 

recommending that CMS consult with 


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27914 Federal Register / Vol. 83, No. 116 / Friday, June 15, 2018 / Rules and Regulations 

stop-loss coverage experts in developing 

this regulation.’’ 

b. Fourth full paragraph, the 

paragraph ‘‘Response: Over the years, 

CMS has had numerous discussions 

with qualified actuaries regarding our 

method of determining stop-loss 

insurance requirements.’’ is corrected to 

read ‘‘Response: We believe that this 

regulation, as finalized, is consistent 

with the applicable actuarial principles 

and practices. Over the years, CMS has 

had numerous discussions with 

qualified actuaries regarding our 

method of determining stop-loss 

insurance requirements.’’ 

c. Last paragraph— 

(1) Line 23, the parenthetical 

reference, ‘‘(Table PIP–11)’’ is corrected 

to read ‘‘(Table PIP–1)’’. 

(2) Line 25, the parenthetical 

reference, ‘‘(Table PIP–12)’’ is corrected 

to read ‘‘(Table PIP–2)’’. 

9. On page 16703, first column— 

a. Second full paragraph, lines 5 

through 8, the sentence ‘‘42% of all 

Medicare health plan organizations are 

not-for-profit and 32% of all Part D 

sponsors and MA plans are not for 

profit’’ is corrected to read ‘‘Forty-three 

percent of all Medicare health plan 

organizations are not-for-profit and 31 

percent of all Part D sponsors and MA 

plans are not-for-profit.’’. 

b. Third full paragraph, lines 14 

through 16, ‘‘which we have actual data 

on MAO net worth, also shows that 32 

percent of all MAO falls’’ is corrected to 

read, ‘‘which we have complete data on 

MAO net worth, shows that 33 percent 

of all MAOs fall.’’ 

10. On page 16710, first column, last 

paragraph— 

a. Lines 4 through 8, the phrase 

‘‘based on CMS observation of managed 

care industry trends, we believe that the 

percentage is now higher, and we 

assume that 11 percent’’ is corrected to 

read ‘‘based on CMS observation of 

managed care industry trends, we 

assume that 11 percent’’. 

b. Line 9, the phrase ‘‘now paid 

under’’ is corrected to read ‘‘now 

receiving services under’’. 

c. Line 13, the phrase ‘‘MA members 

are paid under’’ is corrected to read 

‘‘MA members are receiving services 

under’’. 

d. Line 21, the phrase ‘‘beneficiaries 

paid under’’ is corrected to read 

‘‘beneficiaries receiving services under’’. 

B. Correction of Errors in the 

Regulations Text 

§ 422.208 [Corrected] 

■ 1. On page 16731, third column, 

amendatory instruction 23a, lines 3 and 

4, the parenthetical reference ‘‘(Table 

PIP–11)’’ is corrected to read ‘‘(Table 

PIP–1)’’. 

§ 422.208 [Corrected] 

■ 2. On page 16732, 

■ a. First column— 

(1) First full paragraph, line 2, the 

parenthetical reference ‘‘(Table PIP–11)’’ 

is corrected to read ‘‘(Table PIP–1)’’. 

(2) Second full paragraph, line 9, the 

reference ‘‘Tables PIP–11 and PIP–12’’ is 

corrected to read ‘‘Tables PIP–1 and 

PIP–2’’. 

(3) Third full paragraph, 

(a) Line 6, the reference ‘‘Table PIP– 

11’’ is corrected to read ‘‘Table PIP–1’’. 

(b) Line 8, the reference ‘‘Table PIP– 

12’’ is corrected to read ‘‘Table PIP–2’’. 

(4) Sixth full paragraph— 

(a) Lines 12 and 13, the reference 

‘‘Table PIP–11’’ is corrected to read 

‘‘Table PIP–1’’. 

(b) Line 14, the reference ‘‘Table PIP– 

11’’ is corrected to read ‘‘Table PIP–1’’. 

(c) Line 15, the reference ‘‘Table PIP– 

12’’ is corrected to read ‘‘Table PIP–2’’. 

■ b. Second column, 

(1) First partial paragraph, line 3, the 

reference ‘‘Tables PIP–11 and PIP–12’’ is 

corrected to read ‘‘Tables PIP–1 and 

PIP–2’’ 

(2) First full paragraph, line 1, the 

reference ‘‘Table PIP–11’’ is corrected to 

‘‘Table PIP–1’’. 

(3) Fourth full paragraph— 

(a) Line 1, the reference ‘‘Table 1’’ is 

corrected to read ‘‘Table PIP–1’’. 

(b) Line 3, the reference ‘‘Table PIP– 

11’’ is corrected to ‘‘Table PIP–1’’. 

(4) Fifth full paragraph, line 25, the 

reference ‘‘Table PIP–11’’ is corrected to 

‘‘Table PIP–1’’. 

(5) Last partial paragraph, line 2, the 

reference ‘‘Table PIP–11’’ is corrected to 

‘‘Table PIP–1’’. 

■ c. Third column, 

(1) First partial paragraph, line 3, the 

parenthetical reference ‘‘(Table PIP–12)’’ 

is corrected to read ‘‘(Table PIP–2).’’ 

(2) Second full paragraph, line 6, the 

reference ‘‘Table 2’’ is corrected to read 

‘‘Table PIP–2’’. 

(3) Third full paragraph— 

■ a. Line 5, the reference ‘‘Table PIP– 

11’’ is corrected to read ‘‘Table PIP–1’’. 

■ b. Line 6, the reference ‘‘Table PIP– 

12’’ is corrected to read ‘‘Table PIP–2’’. 

■ c. Line 9, the reference ‘‘Table PIP– 

12’’ is corrected to read ‘‘Table PIP–2’’. 

■ d. Line 11, the reference ‘‘Table PIP– 

11’’ is corrected to read ‘‘Table PIP–1’’. 

■ e. Line 13, the reference ‘‘Table PIP– 

12’’ is corrected to read ‘‘Table PIP–2’’. 

■ f. Lines 15 and 16, the reference 

‘‘Table PIP–11’’ is corrected to read 

‘‘Table PIP–1’’. 

(4) Fourth full paragraph— 

■ a. Line 1, the reference ‘‘Table PIP– 

12’’ is corrected to read ‘‘Table PIP–2’’. 

■ b. Lines 2 and 3, the reference ‘‘Table 

PIP–11’’ is corrected to read ‘‘Table PIP– 

1’’. 

(5) Eighth full paragraph, line 5, the 

reference ‘‘Table PIP–11 and PIP–12’’ is 

corrected to read ‘‘Table PIP–1 and PIP– 

2.’’ 

■ 3. On page 16735, in the first column, 

§ 422.2260 is corrected to read as 

follows: 

§ 422.2260 Definitions. 

As used in this subpart— 

Communications means activities and 

use of materials to provide information 

to current and prospective enrollees. 

Communication materials means all 

information provided to current and 

prospective enrollees. Marketing 

materials are a subset of communication 

material. 

Marketing means activities and use of 

materials that meet the following: 

(1) Conducted by the MA organization 

or downstream entities. 

(2) Intended to draw a beneficiary’s 

attention to a MA plan or plans. 

(3) Intended to influence a 

beneficiary’s decision-making process 

when selecting a MA plan for 

enrollment or deciding to stay enrolled 

in a plan (that is, retention-based 

marketing). 

Marketing materials—(1) Include, but 

are not limited to following: 

(i) Materials such as brochures; 

posters; advertisements in media such 

as newspapers, magazines, television, 

radio, billboards, or the internet; and 

social media content. 

(ii) Materials used by marketing 

representatives such as scripts or 

outlines for telemarketing or other 

presentations. 

(iii) Presentation materials such as 

slides and charts. 

(2) Marketing materials exclude 

materials that— 

(i) Do not include information about 

the plan’s benefit structure or cost 

sharing; 

(ii) Do not include information about 

measuring or ranking standards (for 

example, star ratings); 

(iii) Mention benefits or cost sharing, 

but do not meet the definition of 

marketing in this section; 

(iv) Are required under § 422.111, 

unless otherwise specified by CMS 

based on their use or purpose; or 

(v) Are specifically designated by 

CMS as not meeting the definition of the 

marketing definition based on their use 

or purpose.’’ 

§ 422.2268 [Corrected] 

■ 4. On page 16735, in the second 

column, amendatory instruction 47, the 

instructions beginning with the phrase 


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Federal Register / Vol. 83, No. 116 / Friday, June 15, 2018 / Rules and Regulations 27915 

‘‘a. Revising the section’’ and ending 

with the phrase ‘‘read as follows:’’ are 

corrected to read as follows: 

‘‘Section 422.2268 is revised to read 

as follows:’’ 

§ 423.120 [Corrected] 

■ 5. On page 16738, in the third 

column, sixth full paragraph 

(§ 423.120(b)(5)(C)(2)), line 7, the phrase 

‘‘423.578; and’’ is corrected to read 

‘‘423.578.’’. 

§ 423.160 [Corrected] 

■ 6. On page 16743, first column, eighth 

full paragraph (§ 423.160(b)(1)(iv)), line 

1, the date ‘‘October 31, 2019’’ is 

corrected to read ‘‘December 31, 2019’’. 

§ 423.2260 [Corrected] 

■ 7. Beginning on page 16754, in the 

third column fourth full paragraph, 

§ 423.2260 is corrected to read as 

follows:’’ 

§ 423.2260 Definitions. 

As used in this subpart— 

Communications means activities and 

use of materials to provide information 

to current and prospective enrollees. 

Communication materials means all 

information provided to current and 

prospective enrollees. Marketing 

materials are a subset of communication 

materials. 

Marketing means activities and use of 

materials that meet the following: 

(1) Conducted by the MA organization 

or downstream entities. 

(2) Intended to draw a beneficiary’s 

attention to a MA plan or plans. 

(3) Intended to influence a 

beneficiary’s decision-making process 

when selecting a MA plan for 

enrollment or deciding to stay enrolled 

in a plan (that is, retention-based 

marketing). 

Marketing materials—(1) Include, but 

are not limited to following: 

(i) Materials such as brochures; 

posters; advertisements in media such 

as newspapers, magazines, television, 

radio, billboards, or the internet; and 

social media content. 

(ii) Materials used by marketing 

representatives such as scripts or 

outlines for telemarketing or other 

presentations. 

(iii) Presentation materials such as 

slides and charts. 

(2) Marketing materials exclude 

materials that— 

(i) Do not include information about 

the plan’s benefit structure or cost 

sharing; 

(ii) Do not include information about 

measuring or ranking standards (for 

example, star ratings); 

(iii) Mention benefits or cost sharing, 

but do not meet the definition of 

marketing in this section; 

(iv) Are required under § 423.128, 

unless otherwise specified by CMS 

based on their use or purpose; or 

(v) Are specifically designated by 

CMS as not meeting the definition of the 

marketing definition based on their use 

or purpose.’’ 

§ 423.2430 [Corrected] 

■ 8. On page 16756, first column, 

amendatory instruction 113b, line 1, the 

words ‘‘republishing the’’ are corrected 

to read ‘‘adding a new’’. 

Dated: June 11, 2018. 

Ann C. Agnew, 

Executive Secretary to the Department, 

Department of Health and Human Services. 

[FR Doc. 2018–12843 Filed 6–14–18; 8:45 am] 

BILLING CODE 4120–01–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Federal Emergency Management 

Agency 

44 CFR Part 64 

[Docket ID FEMA–2018–0002; Internal 

Agency Docket No. FEMA–8533] 

Suspension of Community Eligibility 

AGENCY: Federal Emergency 

Management Agency, DHS. 

ACTION: Final rule. 

SUMMARY: This rule identifies 

communities where the sale of flood 

insurance has been authorized under 

the National Flood Insurance Program 

(NFIP) that are scheduled for 

suspension on the effective dates listed 

within this rule because of 

noncompliance with the floodplain 

management requirements of the 

program. If the Federal Emergency 

Management Agency (FEMA) receives 

documentation that the community has 

adopted the required floodplain 

management measures prior to the 

effective suspension date given in this 

rule, the suspension will not occur and 

a notice of this will be provided by 

publication in the Federal Register on a 

subsequent date. Also, information 

identifying the current participation 

status of a community can be obtained 

from FEMA’s Community Status Book 

(CSB). The CSB is available at https:// 

www.fema.gov/national-floodinsurance-program-community-statusbook. 

DATES: The effective date of each 

community’s scheduled suspension is 

the third date (‘‘Susp.’’) listed in the 

third column of the following tables. 

FOR FURTHER INFORMATION CONTACT: If 

you want to determine whether a 

particular community was suspended 

on the suspension date or for further 

information, contact Adrienne L. 

Sheldon, PE, CFM, Federal Insurance 

and Mitigation Administration, Federal 

Emergency Management Agency, 400 C 

Street SW, Washington, DC 20472, (202) 

212–3966. 

SUPPLEMENTARY INFORMATION: The NFIP 

enables property owners to purchase 

Federal flood insurance that is not 

otherwise generally available from 

private insurers. In return, communities 

agree to adopt and administer local 

floodplain management measures aimed 

at protecting lives and new construction 

from future flooding. Section 1315 of 

the National Flood Insurance Act of 

1968, as amended, 42 U.S.C. 4022, 

prohibits the sale of NFIP flood 

insurance unless an appropriate public 

body adopts adequate floodplain 

management measures with effective 

enforcement measures. The 

communities listed in this document no 

longer meet that statutory requirement 

for compliance with program 

regulations, 44 CFR part 59. 

Accordingly, the communities will be 

suspended on the effective date in the 

third column. As of that date, flood 

insurance will no longer be available in 

the community. We recognize that some 

of these communities may adopt and 

submit the required documentation of 

legally enforceable floodplain 

management measures after this rule is 

published but prior to the actual 

suspension date. These communities 

will not be suspended and will continue 

to be eligible for the sale of NFIP flood 

insurance. A notice withdrawing the 

suspension of such communities will be 

published in the Federal Register. 

In addition, FEMA publishes a Flood 

Insurance Rate Map (FIRM) that 

identifies the Special Flood Hazard 

Areas (SFHAs) in these communities. 

The date of the FIRM, if one has been 

published, is indicated in the fourth 

column of the table. No direct Federal 

financial assistance (except assistance 

pursuant to the Robert T. Stafford 

Disaster Relief and Emergency 

Assistance Act not in connection with a 

flood) may be provided for construction 

or acquisition of buildings in identified 

SFHAs for communities not 

participating in the NFIP and identified 

for more than a year on FEMA’s initial 

FIRM for the community as having 

flood-prone areas (section 202(a) of the 

Flood Disaster Protection Act of 1973, 

42 U.S.C. 4106(a), as amended). This 


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