Federal Register / Vol. 79, No. 124 / Friday, June 27, 2014 / Rules and Regulations 36431 

G. Executive Order 13045: Protection of 

Children From Environmental Health 

Risks and Safety Risks 

EPA interprets EO 13045 (62 FR 

19885, April 23, 1997) as applying only 

to those regulatory actions that concern 

health or safety risks, such that the 

analysis required under section 5–501 of 

the EO has the potential to influence the 

regulation. This action is not subject to 

EO 13045 because it does not establish 

an environmental standard intended to 

mitigate health or safety risks. 

H. Executive Order 13211: Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use 

This action is not subject to Executive 

Order 13211 (66 FR 28355 (May 22, 

2001)), because it is not a significant 

regulatory action under Executive Order 

12866. 

I. Executive Order 12898: Federal 

Actions To Address Environmental 

Justice in Minority Populations and 

Low-Income Populations 

Executive Order (EO) 12898 (59 FR 

7629 (Feb. 16, 1994)) establishes federal 

executive policy on environmental 

justice. Its main provision directs 

federal agencies, to the greatest extent 

practicable and permitted by law, to 

make environmental justice part of their 

mission by identifying and addressing, 

as appropriate, disproportionately high 

and adverse human health or 

environmental effects of their programs, 

policies, and activities on minority 

populations and low-income 

populations in the United States. 

EPA has determined that this final 

rule will not have disproportionately 

high and adverse human health or 

environmental effects on minority or 

low-income populations because it does 

not affect the level of protection 

provided to human health or the 

environment. 

J. Congressional Review Act 

The Congressional Review Act, 5 

U.S.C. 801 et seq., as added by the Small 

Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to each House of the 

Congress and to the Comptroller General 

of the United States. Section 808 allows 

the issuing agency to make a rule 

effective sooner than otherwise 

provided by the CRA if the agency 

makes a good cause finding that notice 

and public procedure is impracticable, 

unnecessary or contrary to the public 

interest. This determination must be 

supported by a brief statement. 5 U.S.C. 

808(2). As stated previously, EPA has 

made such a good cause finding, 

including the reasons therefore, and 

established an effective date of June 27, 

2014. 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 300 

Environmental protection, Chemicals, 

Hazardous materials, Hazardous 

substances, Intergovernmental relations, 

Natural resources, Oil pollution. 

Dated: June 18, 2014. 

Gina McCarthy, 

Administrator. 

For the reasons set out in the 

preamble, 40 CFR part 300 is amended 

as follows: 

PART 300—NATIONAL OIL AND 

HAZARDOUS SUBSTANCES 

POLLUTION CONTINGENCY PLAN 

■ 1. The authority citation for part 300 

is revised to read as follows: 

Authority: 33 U.S.C. 1321(c)(2); 42 U.S.C. 

9601–9657; E.O. 13626, 77 FR 56749, 3 CFR, 

2013 Comp., p.306; E.O. 12777, 56 FR 54757, 

3 CFR, 1991 Comp., p.351; E.O. 12580, 52 FR 

2923, 3 CFR, 1987 Comp., p.193. 

Subpart G—Trustees for Natural 

Resources 

■ 2. Section 300.600 is revised by 

adding paragraph (b)(5), to read as 

follows: 

§ 300.600 Designation of federal trustees. 

* * * * * 

(b) * * * 

(5) Additional trustees for the 

Deepwater Horizon Oil Spill. The 

Administrator of EPA and the Secretary 

of Agriculture shall act as trustees in 

connection with injury to, destruction 

of, loss of, or loss of use of natural 

resources, including their supporting 

ecosystems, resulting from the 

Deepwater Horizon Oil Spill. 

[FR Doc. 2014–15158 Filed 6–26–14; 8:45 am] 

BILLING CODE 6550–50–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

45 CFR Part 153 

[CMS–9954–F2] 

RIN–0938–AR89 

Patient Protection and Affordable Care 

Act; HHS Notice of Benefit and 

Payment Parameters for 2015; 

Correcting Amendment 

AGENCY: Centers for Medicare & 

Medicaid Services (CMS), HHS. 

ACTION: Final rule; correcting 

amendment. 

SUMMARY: In the March 11, 2014 issue 

of the Federal Register (79 FR 13744), 

we published a final rule entitled, 

‘‘Patient Protection and Affordable Care 

Act; HHS Notice of Benefit and Payment 

Parameters for 2015.’’ The effective date 

was May 12, 2014. This correcting 

amendment corrects a technical error 

identified in the March 11, 2014 final 

rule. 

DATES: Effective Date: This correcting 

amendment is effective June 26, 2014. 

FOR FURTHER INFORMATION CONTACT: Jeff 

Wu, (301) 492–4305 or Adrianne 

Glasgow, (410) 786–0686. 

SUPPLEMENTARY INFORMATION: 

I. Background 

In FR Doc. 2014–0505 (79 FR 13744), 

the final rule entitled ‘‘Patient 

Protection and Affordable Care Act; 

HHS Notice of Benefit and Payment 

Parameters for 2015; Final Rule’’ 

(hereinafter referred to as the 2015 

Payment Notice), there was a technical 

error that is identified and corrected in 

the regulations text of this correcting 

amendment. The provision of this 

correcting amendment is effective June 

26, 2014. 

II. Summary of Errors in the 

Regulations Text 

On page 13834 in the definition of 

‘‘contributing entity at 45 CFR § 153.20, 

we inadvertently used the word 

‘‘volume’’ instead of ‘‘value.’’ As 

detailed in the preamble of the 2015 

Payment Notice (79 FR 13744, 13775), 

for purposes of the definition of 

contributing entity, ‘‘a de minimis 

amount means up to 5 percent, as 

measured by the amount of enrollment 

or claims processing transactions for 

non-pharmacy and non-excepted 

benefits which are outsourced, or by the 

value of the outsourced enrollment or 

claims processing transactions for nonpharmacy and non-excepted benefits 

(measured by the cost of the outsourced 

services compared to the sum of those 


wreier-aviles on DSK5TPTVN1PROD with RULES
36432 Federal Register / Vol. 79, No. 124 / Friday, June 27, 2014 / Rules and Regulations 

1See 49 U.S.C. 44940(a)(1) (enumerating specific 

aviation security services intended to be funded at 

least in part by the fee referenced herein). 

costs plus the fully loaded costs—that 

is, including an appropriate share of 

indirect costs, such as fixed and 

overhead expenses—reasonably 

allocated, borne by the self-insured plan 

for such services).’’ Accordingly, we are 

revising the definition to include the 

correct word. 

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 the 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 

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 a 

technical error in the regulation text and 

does not change the policy set forth in 

the 2015 Payment Notice. Therefore, we 

believe that undertaking further notice 

and comment procedures to incorporate 

this correction and delay the effective 

date for this change 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 correcting 

amendment. 

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, 45 CFR is corrected by 

making the following correcting 

amendment to 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. 

§ 153.20 [Corrected] 

■ 2. In § 153.20, amend paragraph (2) of 

the definition of ‘‘contributing entity’’ 

by removing the word ‘‘volume’’ and 

adding in its place ‘‘value.’’ 

Dated: June 17, 2014. 

C’Reda Weeden, 

Executive Secretary to the Department, 

Department of Health and Human Services. 

[FR Doc. 2014–15099 Filed 6–26–14; 8:45 am] 

BILLING CODE 4120–01–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Office of the Secretary 

45 CFR Part 160 

General Administrative Requirements 

CFR Correction 

■ In Title 45 of the Code of Federal 

Regulations, Parts 1 to 199, revised as of 

October 1, 2013, on page 983, in 

§ 160.103, a definition of Manifestation 

or manifested is added in alphabetical 

order to read as follows: 

§ 160.103 Definitions. 

* * * * * 

Manifestation or manifested means, 

with respect to a disease, disorder, or 

pathological condition, that an 

individual has been or could reasonably 

be diagnosed with the disease, disorder, 

or pathological condition by a health 

care professional with appropriate 

training and expertise in the field of 

medicine involved. For purposes of this 

subchapter, a disease, disorder, or 

pathological condition is not manifested 

if the diagnosis is based principally on 

genetic information. 

* * * * * 

[FR Doc. 2014–15102 Filed 6–26–14; 8:45 am] 

BILLING CODE 1505–01–D 

DEPARTMENT OF HOMELAND 

SECURITY 

Transportation Security Administration 

49 CFR Part 1510 

[Docket No. TSA–2001–11120; Amendment 

No. 1510–4] 

RIN 1652–AA68 

Adjustment of Passenger Civil Aviation 

Security Service Fee; Interim Final 

Rule; Correction 

AGENCY: Transportation Security 

Administration (TSA), DHS. 

ACTION: Interim final rule; request for 

comments; correction. 

SUMMARY: The Transportation Security 

Administration (TSA) is correcting an 

interim final rule (IFR) published in the 

Federal Register on June 20, 2014. This 

IFR implements amendments to 49 

U.S.C. 44940, which authorizes TSA to 

impose fees to defray the government’s 

costs for providing civil aviation 

security services, such as those related 

to screening personnel, screening 

equipment, and other specified security 

services.1 That document inadvertently 

failed to note the proper citation in a 

footnote in the Background section. This 

document corrects the interim final rule 

by revising this section. 

DATES: Effective Date: This IFR is 

effective at 12:00 a.m. (Eastern Daylight 

Time) on July 21, 2014. 

Comment Date: Comments must be 

received by August 19, 2014. 

FOR FURTHER INFORMATION CONTACT: 

Michael Gambone, Office of Revenue, 

TSA–14, Transportation Security 

Administration, 601 South 12th Street, 

Arlington, VA 20598–6014; telephone 

(571) 227–2323; email tsa-fees@dhs.gov. 

SUPPLEMENTARY INFORMATION: In FR Doc. 

2014–14488 appearing on page 35463 in 

the Federal Register of Friday, June 20, 

2014, the following correction is made: 

Correction 

In FR Doc. 2014–14488, published on 

June 20, 2014 (79 FR 35461), make the 

following correction: 

1. On page 35463, in the first column, 

footnote three is corrected to read as 

follows: 

‘‘ 3Consistent with 49 U.S.C. 

40102(a)(5), ‘‘air transportation’’ means 

‘‘foreign air transportation, interstate air 

transportation, or the transportation of 

mail by aircraft.’’ 


wreier-aviles on DSK5TPTVN1PROD with RULES