Federal Register / Vol. 89, No. 16 / Wednesday, January 24, 2024 / Rules and Regulations 4547 

Dated: December 18, 2023. 

Vanessa A. Countryman, 

Secretary. 

Editorial Note: This document was 

received for publication by the Office of the 

Federal Register on January 19, 2024. 

[FR Doc. 2024–01314 Filed 1–23–24; 8:45 am] 

BILLING CODE 8011–01–P 

DEPARTMENT OF THE TREASURY 

Internal Revenue Service 

26 CFR Part 54 

[TD 9985] 

RIN 1545–BQ94 

DEPARTMENT OF LABOR 

Employee Benefits Security 

Administration 

29 CFR Part 2590 

RIN 1210–AC24 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

45 CFR Part 149 

[CMS–9890–CN] 

RIN 0938–AV39 

Federal Independent Dispute 

Resolution (IDR) Process 

Administrative Fee and Certified IDR 

Entity Fee Ranges; Correction 

AGENCY: Internal Revenue Service (IRS), 

Department of the Treasury; Employee 

Benefits Security Administration, 

Department of Labor; Centers for 

Medicare & Medicaid Services, 

Department of Health and Human 

Services (HHS). 

ACTION: Final rule; correction. 

SUMMARY: This document corrects 

technical errors that appeared in the 

December 21, 2023 final rules entitled, 

‘‘Federal Independent Dispute 

Resolution (IDR) Process Administrative 

Fee and Certified IDR Entity Fee 

Ranges.’’ 

DATES: This correcting document is 

effective January 22, 2024. 

FOR FURTHER INFORMATION CONTACT: 

Shira B. McKinlay or William Fischer, 

Internal Revenue Service, Department of 

the Treasury, 202–317–5500; Shannon 

Hysjulien or Rebecca Miller, Employee 

Benefits Security Administration, 

Department of Labor, 202–693–8335; 

and Jacquelyn Rudich or Nora 

Simmons, Centers for Medicare & 

Medicaid Services, Department of 

Health and Human Services, 301–492– 

5211. 

SUPPLEMENTARY INFORMATION: 

I. Background 

A. Introduction 

On December 21, 2023, the 

Departments of Health and Human 

Services (HHS), Labor, and the Treasury 

(collectively, the Departments) 

published FR Doc. 2023–27931 (88 FR 

88494), entitled ‘‘Federal Independent 

Dispute Resolution (IDR) Process 

Administrative Fee and Certified IDR 

Entity Fee Ranges’’ (final rules) related 

to the fees established by the No 

Surprises Act for the Federal IDR 

process, as established by the 

Consolidated Appropriations Act, 2021. 

The final rules (88 FR 88524 and 88525) 

contained non-substantive technical 

errors in the amendatory instructions for 

the regulation text and the HHS title 

that are identified in section II. of this 

document and corrected in section IV. 

of this document. The provisions in this 

correction document are effective as of 

the effective date of the final rules, 

because the Departments determined 

there is good cause to waive any delay 

in effective date for the reasons set forth 

in section III. of this document. 

Accordingly, the corrections are 

effective January 22, 2024. 

B. Regulations Overview 

The final rules amended existing 

regulations to provide that the 

administrative fee amount charged by 

the Departments to participate in the 

Federal IDR process and the ranges for 

certified IDR entity fees for single and 

batched determinations will be set by 

the Departments through notice and 

comment rulemaking. The preamble to 

the final rules also set forth the 

methodology used to calculate the 

administrative fee and the 

considerations used to develop the 

certified IDR entity fee ranges. The final 

rules also finalized the amount of the 

administrative fee and the certified IDR 

entity fee ranges for disputes initiated 

on or after the effective date of the final 

rules. Below, the Departments 

summarize the errors in the final rules 

and describe the corrections that the 

Departments are making in this 

document. 

II. Summary of Errors 

In the final rules the Departments 

inadvertently made technical errors in 

the amendatory instructions for the 

regulation text for all three Departments. 

Amendatory instruction 3.h. incorrectly 

stated that the Department of the 

Treasury was removing ‘‘; and’’ at the 

end of newly redesignated 26 CFR 

54.9816–8T(e)(2)(xii) and adding a 

period in its place. Similarly, 

amendatory instruction 5.h. incorrectly 

stated that the Department of Labor was 

removing ‘‘; and’’ at the end of newly 

redesignated 29 CFR 2590.716– 

8(e)(2)(xii) and adding a period in its 

place, and amendatory instruction 7.h. 

incorrectly stated that the Department of 

Health and Human Services was 

removing ‘‘; and’’ at the end of newly 

redesignated 45 CFR 149.510(e)(2)(xii) 

and adding a period in its place. 

Instead, the Departments intended for 

these amendments to apply to newly 

redesignated 26 CFR 54.9816– 

8T(e)(2)(xi), 29 CFR 2590.716– 

8(e)(2)(xi), and 45 CFR 149.510(e)(2)(xi), 

respectively, rather than newly 

redesignated 26 CFR 54.9816– 

8T(e)(2)(xii), 29 CFR 2590.716– 

8(e)(2)(xii), and 45 CFR 

149.510(e)(2)(xii), which do not include 

‘‘; and’’ at the end of each paragraph and 

already end with periods. Finally, the 

Departments made a typographical error 

in the title line for HHS and incorrectly 

referenced 49 CFR subtitle A rather than 

45 CFR subtitle A. Accordingly, the 

Departments are revising the title line 

for HHS to accurately reflect the correct 

title. 

III. Waiver of Proposed Rulemaking 

and Waiver of the Delay in Effective 

Date 

Under the Administrative Procedure 

Act (APA) (5 U.S.C. 551, et seq.), while 

a general notice of proposed rulemaking 

and an opportunity for public comment 

is generally required before the 

promulgation of regulations, this is not 

required when an agency, for good 

cause, finds that notice and public 

comment are impracticable, 

unnecessary, or contrary to the public 

interest and incorporates a statement of 

the reasons for that finding in the 

document. 

The APA also generally requires that 

a final rule be effective no sooner than 

30 days after the date of publication in 

the Federal Register. Sections 553(b)(B) 

and 553(d)(3) of the APA provide for 

exceptions from the APA notice and 

comment and delay in effective date 

requirements. Section 553(b)(B) of the 

APA authorizes an agency to dispense 

with normal notice and comment 

rulemaking procedures for good cause if 

the agency makes a finding that the 

notice and comment process is 

impracticable, unnecessary, or contrary 

to the public interest and includes a 

statement of the finding and the reasons 

for it in the rule. Similarly, section 

553(d)(3) of the APA allows the agency 


ddrumheller on DSK120RN23PROD with RULES1
4548 Federal Register / Vol. 89, No. 16 / Wednesday, January 24, 2024 / Rules and Regulations 

to avoid the 30-day delay in effective 

date where good cause is found and the 

agency includes in the rule a statement 

of the finding and the reasons for it. 

The Departments are publishing this 

technical correction without advance 

notice or an opportunity for comment 

because it falls under the ‘‘good cause’’ 

exception of the APA, 5 U.S.C. 

553(b)(B). 

This document corrects technical and 

typographical errors made in the final 

rules, which were published in 

accordance with the APA after the 

Departments proposed the rules and 

provided the public with an opportunity 

to comment on the proposals, and will 

be effective on January 22, 2024. The 

corrections contained in this document 

do not make any substantive changes to 

the policies adopted in the final rules 

and merely make typographical 

corrections to the amendatory 

instructions of the regulation text and 

the HHS title line. Therefore, the 

Departments find for good cause that it 

is impracticable, unnecessary, and 

contrary to the public interest to 

undertake further notice and comment 

procedures to incorporate these 

corrections. 

The Departments are also waiving the 

30-day delay in effective date for these 

corrections. It is in the public interest to 

ensure that the final rules setting forth 

requirements for group health plans, 

health insurance issuers offering group 

or individual health insurance coverage, 

providers, facilities, and providers of air 

ambulance services relating to the 

administrative fee amount and certified 

IDR entity fee ranges for participation in 

the Federal IDR process accurately state 

the Departments’ policies as of the date 

they take effect. Therefore, the 

Departments find that delaying the 

effective date of these corrections 

beyond the January 22, 2024 effective 

date of the final rules would be contrary 

to the public interest. In doing so, the 

Departments find good cause to waive 

the 30-day delay in the effective date. 

IV. Correction of Errors in the 

Regulation Text 

In FR Doc. 2023–27931 of December 

21, 2023 (88 FR 88494), the following 

corrections are made: 

26 CFR 54.9816–8T [Corrected] 

■ 1. On page 88524, in the first column, 

in amendment 3.h. for 26 CFR 54.9816– 

8T, the instruction ‘‘Removing ‘‘; and’’ 

at the end of newly redesignated 

paragraph (e)(2)(xii) and adding a period 

in its place.’’ is corrected to read 

‘‘Removing ‘‘; and’’ at the end of newly 

redesignated paragraph (e)(2)(xi) and 

adding a period in its place.’’ 

29 CFR 2590.716–8 [Corrected] 

■ 2. On page 88524, in the second 

column, in amendatory instruction 5.h. 

for 29 CFR 2590.716–8, the amendatory 

instruction ‘‘Removing ‘‘; and’’ at the 

end of newly redesignated paragraph 

(e)(2)(xii) and adding a period in its 

place.’’ is corrected to read ‘‘Removing 

‘‘; and’’ at the end of newly redesignated 

paragraph (e)(2)(xi) and adding a period 

in its place.’’ 

45 CFR Subtitle A 

■ 3. On page 88525, in the first column, 

the title line for the Department of 

Health and Human Services ‘‘49 CFR 

Subtitle A’’ is corrected to read ‘‘45 CFR 

Subtitle A’’. 

45 CFR 149.510 [Corrected] 

■ 4. On page 88525, in the first column, 

in amendatory instruction 7.h. for 45 

CFR 149.510, the amendatory 

instruction ‘‘Removing ‘‘; and’’ at the 

end of newly redesignated paragraph 

(e)(2)(xii) and adding a period in its 

place.’’ is corrected to read ‘‘Removing 

‘‘; and’’ at the end of newly redesignated 

paragraph (e)(2)(xi) and adding a period 

in its place.’’ 

Oluwafunmilayo A. Taylor, 

Section Chief, Publications and Regulations 

Section, Associate Chief Counsel, Procedure 

and Administration, Internal Revenue 

Service. 

Amber M. Rivers, 

Director, Office of Health Plan Standards and 

Compliance Assistance, Employee Benefits 

Security Administration, Department of 

Labor. 

Elizabeth J. Gramling, 

Executive Secretary to the Department, 

Department of Health and Human Services. 

[FR Doc. 2024–01378 Filed 1–22–24; 11:15 am] 

BILLING CODE 4150–29–P; 4830–01–P; 4120–01–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 117 

[Docket No. USCG–2022–0519] 

RIN 1625–AA09 

Drawbridge Operation Regulation; 

Housatonic River, Stratford, CT 

AGENCY: Coast Guard, Department of 

Homeland Security (DHS). 

ACTION: Final rule. 

SUMMARY: The Coast Guard is altering 

the operating schedule that governs the 

Metro-North (Devon) Bridge, across the 

Housatonic River, mile 3.9, at Stratford, 

CT. The bridge owner, Metro-North 

(MNR), submitted a request on May 5, 

2022 to modify the regulation by 

aligning with the Metro-North ‘‘WALK’’ 

Bridge train schedule and avoid bridge 

openings during peak transit hours. It is 

expected that this change to the 

regulations will better serve the needs of 

the community while continuing to 

meet the reasonable needs of navigation. 

DATES: This rule is effective February 

23, 2024. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to https://

www.regulations.gov. Type the docket 

number (USCG–2022–0519) in the 

‘‘SEARCH’’ box and click ‘‘SEARCH’’. In 

the Document Type column, select 

‘‘Supporting & Related Material.’’ 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this rule, call or 

email Ms. Stephanie E. Lopez, First 

Coast Guard District, Project Officer, 

telephone 212–514–4335, email 

Stephanie.E.Lopez@uscg.mil. 

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations 

CFR Code of Federal Regulations 

DHS Department of Homeland Security 

FR Federal Register 

OMB Office of Management and Budget 

NPRM Notice of Proposed Rulemaking 

(Advance, Supplemental) 

§ Section 

U.S.C. United States Code 

MNR Metro North Railroad 

II. Background Information and 

Regulatory History 

On January 27, 2023, the Coast Guard 

published an NPRM, with a request for 

comments, entitled ‘‘Drawbridge 

Operation Regulation; Housatonic River, 

Stratford, CT’’ in the Federal Register 

(88 FR 5293). There we stated why we 

issued the NPRM, and invited 

comments on our proposed regulatory 

action related to this regulatory change. 

During the comment period that ended 

February 27, 2023, we received no 

comments. 

III. Legal Authority and Need for Rule 

The Coast Guard is issuing this rule 

under 33 U.S.C. 499. The Metro-North 

(Devon) Bridge at mile 3.9, across the 

Housatonic River, Stratford, CT, has a 

vertical clearance of 19 feet at mean 

high water and a horizontal clearance of 

approximately 83 feet. Waterway users 

include recreational and commercial 

vessels, including fishing vessels. 

The existing drawbridge operating 

regulations are listed at 33 CFR 

117.207(b). MNR is requesting the 

modification of the requirements in 33 

CFR part 117.207 to align with the 


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