Federal Register / Vol. 89, No. 22 / Thursday, February 1, 2024 / Rules and Regulations 6431 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Centers for Medicare & Medicaid 

Services 

42 CFR Part 493 

[CMS–3326–CN] 

RIN 0938–AT47 

Clinical Laboratory Improvement 

Amendments of 1988 (CLIA) Fees; 

Histocompatibility, Personnel, and 

Alternative Sanctions for Certificate of 

Waiver Laboratories; Correction 

AGENCY: Centers for Medicare & 

Medicaid Services (CMS) and Centers 

for Disease Control and Prevention 

(CDC), Department of Health and 

Human Services (HHS). 

ACTION: Final rule; correction. 

SUMMARY: This document corrects 

technical and typographical errors in 

the final rule that appeared in the 

December 28, 2023, Federal Register 

entitled, ‘‘Clinical Laboratory 

Improvement Amendments of 1988 

(CLIA) Fees; Histocompatibility, 

Personnel, and Alternative Sanctions for 

Certificate of Waiver Laboratories’’ 

(referred to hereafter as the ‘‘December 

2023 final rule’’). 

DATES: This correction is effective 

January 27, 2024. 

FOR FURTHER INFORMATION CONTACT: 

Penny Keller, CMS, (410) 786–2035; or 

Heather Stang, CDC, (404) 498–2769. 

SUPPLEMENTARY INFORMATION: 

I. Background 

In FR Doc. 2023–28170 of December 

28, 2023, the December 2023 final rule 

(88 FR 89976), there were technical and 

typographical errors that are identified 

and corrected in this correcting 

document. These corrections are 

effective as if they had been included in 

the December 2023 final rule. 

II. Summary of Errors in the Regulation 

Text 

On page 90040, in the revision for 

§ 493.1423(b)(7)(i), we inadvertently 

omitted two redesignated paragraph 

references for individuals who meet the 

regulatory qualifications to perform 

blood gas analysis. We are correcting the 

revision for § 493.1423(b)(7)(i) to 

include references to § 493.1423(b)(5) 

and (6). 

On page 90043, in amendatory 

instruction 30, we inadvertently omitted 

the specific paragraph references for the 

changes to paragraph (e), which were set 

out in the amendment text. We are 

correcting the instruction to specify 

paragraphs (e)(1) through (4). 

On page 90044, in the revisions for 

§ 493.1483(b)(3), we inadvertently 

omitted the December 28, 2024 effective 

date. 

On page 90044, in amendatory 

instruction 37, we inadvertently 

included an incorrect effective date. The 

December 2023 final rule contained two 

separate effective dates, January 27, 

2024, and December 28, 2024 and we 

erroneously included the December 28, 

2024, effective date rather than the 

January 27, 2024, effective date. 

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 rulemaking in 

the Federal Register before the 

provisions of a rule take effect. 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. 

Section 553(b)(B) of the APA 

authorizes an agency to dispense with 

normal rulemaking requirements for 

good cause if the agency makes a 

finding that the notice and comment 

process is impracticable, unnecessary, 

or contrary to the public interest. In 

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

allows 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 this correcting document 

does not constitute a rule that would be 

subject to the notice and comment or 

delayed effective date requirements. 

This document merely corrects 

technical and typographical errors in 

the December 2023 final rule but does 

not make substantive changes to the 

policies that were adopted in the 

December 2023 final rule. Instead, this 

correcting document is intended to 

ensure that the information in the 

December 2023 final rule accurately 

reflects the policies adopted in that 

document. 

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 December 2023 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 the December 2023 final rule 

accurately reflects the policies finalized 

in that final rule. Furthermore, such 

procedures would be unnecessary, as 

we are not altering our policies, but 

rather, we are simply correctly 

implementing the policies we finalized. 

This final rule correction is intended to 

ensure that the December 2023 final rule 

accurately reflects those policies. 

Therefore, we believe we have good 

cause to waive the notice and comment 

and delayed effective date requirements. 

IV. Correction of Errors in the 

Regulation Text 

In FR Doc. 2023–28170 of Thursday, 

December 28, 2023 (88 FR 89976), we 

are making the following corrections: 

§ 493.1423 [Corrected] 

■ 1. On page 90040, in the third column, 

in § 493.1423(b)(7)(i), ‘‘(i) Be qualified 

under paragraph (b)(1), (2), (3), or (4) of 

this section; or’’ is corrected to read ‘‘(i) 

Be qualified under paragraph (b)(1), (2), 

(3), (4), (5), or (6) of this section; or’’. 

§ 493.1461 [Corrected] 

■ 2. On page 90043, in the third column, 

amendment 30, the instruction 

‘‘Effective December 28, 2024, amend 

§ 493.1461 by revising paragraphs (c), 

(d)(3)(i), and (e) to read as follows:’’ is 

corrected to read ‘‘Effective December 

28, 2024, amend § 493.1461 by revising 

paragraphs (c), (d)(3)(i), and (e)(1) 

through (4) to read as follows:’’. 

§ 493.1483 [Corrected] 

■ 3. On page 90044, in the second 

column, in § 493.1483(b)(3), ‘‘(3) 

Notwithstanding any other provision of 

this section, an individual is considered 

qualified as a cytotechnologist under 

this section if they were qualified and 

serving as a cytotechnologist in a CLIAcertified laboratory as of [effective date 

of the final rule], and have done so 

continuously since December 28, 2024’’ 

is corrected to read ‘‘(3) 

Notwithstanding any other provision of 

this section, an individual is considered 

qualified as a cytotechnologist under 

this section if they were qualified and 

serving as a cytotechnologist in a CLIAcertified laboratory as of December 28, 

2024, and have done so continuously 

since December 28, 2024’’. 

§ 493.1804 [Corrected] 

■ 4. On page 90044, in the third column, 

amendment 37, the instruction 

‘‘Effective December 28, 2024, amend 

§ 493.1804 by revising paragraph (c)(1) 

to read as follows:’’ is corrected to read 

‘‘Effective January 27, 2024, amend 


ddrumheller on DSK120RN23PROD with RULES1
6432 Federal Register / Vol. 89, No. 22 / Thursday, February 1, 2024 / Rules and Regulations 

§ 493.1804 by revising paragraph (c)(1) 

to read as follows:’’. 

Elizabeth J. Gramling, 

Executive Secretary to the Department, 

Department of Health and Human Services. 

[FR Doc. 2024–01942 Filed 1–26–24; 5:15 pm] 

BILLING CODE 4120–01–P 

CORPORATION FOR NATIONAL AND 

COMMUNITY SERVICE 

45 CFR Part 2500 

RIN 3045–AA83 

AmeriCorps Statement of Organization 

AGENCY: Corporation for National and 

Community Service. 

ACTION: Final rule. 

SUMMARY: The Corporation for National 

and Community Service (CNCS), which 

operates as AmeriCorps, is finalizing a 

rule to provide general information to 

the public about its structure and 

purpose, as required by the 

Administrative Procedure Act. While 

AmeriCorps already provides 

information about its organizational 

structure on its public-facing website 

(americorps.gov), this rule would 

comply with the statutory requirement 

that agencies publish in the Federal 

Register their descriptions of 

organization. This rule will also 

increase transparency regarding 

AmeriCorps’ operations by mapping out 

its existing program regulations, thereby 

providing an overview of the Agency’s 

programs. 

DATES: This rule is effective March 4, 

2024. 

FOR FURTHER INFORMATION CONTACT: 

Elizabeth Appel, Office of General 

Counsel, at (202) 967–5070, or eappel@

americorps.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

AmeriCorps, the operating name for 

the Corporation for National and 

Community Service, is a Federal agency 

that engages millions of Americans in 

service. AmeriCorps members and 

AmeriCorps Seniors volunteers serve 

directly with nonprofit, tribal, faithbased, or community organizations to 

tackle some of our nation’s most 

pressing challenges. Although 

AmeriCorps already provides 

information about its organizational 

structure on its website, americorps.gov, 

this rule complies with the statutory 

requirement that agencies ‘‘publish in 

the Federal Register’’ their descriptions 

of organization. See 5 U.S.C. 

552(a)(1)(A). This rule will also increase 

transparency regarding AmeriCorps’ 

operations by mapping out its existing 

program regulations, thereby providing 

an overview of the Agency’s programs. 

This rule adds AmeriCorps’ 

organizational information to Code of 

Federal Regulations (CFR) part 2500. 

Part 2500 already includes information 

about AmeriCorps being CNCS’s 

operating name and information about 

AmeriCorps’ logos. This rule 

redesignates, without substantive 

change, the operating name and logo 

sections to new sections later in the CFR 

part and adds subpart designations. The 

following is a breakdown of the new 

and redesignated sections: 

Current 45 CFR section New 45 CFR section Description of change 

Subpart A—Introduction ................................... New subpart designation. 

2500.1 Creation and authority ....................... New section. 

2500.1 Agency Operating Name ..................... 2500.2 Agency operating name .................... Redesignated without substantive change. 

2500.3 Purpose and mission ......................... New section. 

Subpart B—Organization ................................. New subpart designation. 

2500.10 General ............................................ New section. 

2500.11 AmeriCorps headquarters ............... New section. 

2500.12 Region offices .................................. New section. 

Subpart C—Programs ...................................... New subpart designation. 

2500.20 Program descriptions ...................... New section. 

2500.21 Focus areas ..................................... New section. 

Subpart D—Logos ........................................... New subpart designation. 

2500.2 Description of Logos ............................ 2500.30 Description of logos ......................... Redesignated without substantive change. 

2500.3 Retirement of Logos ............................ 2500.31 Retirement of logos ......................... Redesignated without substantive change. 

2500.4 Authority to affix logos ......................... 2500.32 Authority to affix logos ..................... Redesignated without substantive change. 

The new sections describe 

AmeriCorps’: 

• Statutory basis and origination; 

• Purpose, to administer the programs 

established under the national service 

laws; and mission, to improve lives, 

strengthen communities, and foster 

civic engagement through service and 

volunteering; 

• Organization, including the roles of 

the Chief Executive Officer and the 

Board of Directors; 

• Headquarters, including leadership 

positions; and region offices, referring to 

AmeriCorps’ website for details on 

contact information; 

• Four main national service 

programs: AmeriCorps NCCC, 

AmeriCorps Seniors, AmeriCorps State 

and National, and AmeriCorps VISTA; 

and 

• Focus areas, which include, but are 

not limited to, disaster services, 

economic opportunity, education, 

environmental stewardship, healthy 

futures, and veterans and military 

families. 

Edits to the sections addressing 

AmeriCorps’ logos specify the logos’ 

fonts and the direction of the flag in the 

logos and make minor grammatical 

changes. 

II. Responses to Comments on Proposed 

Rule and Changes to Proposed Rule 

AmeriCorps published the proposed 

rule on May 2, 2023. See 88 FR 27423. 

AmeriCorps received three written 

comment submissions prior to the July 

3, 2023, deadline for public comments. 

All three comments expressed 

opposition to AmeriCorps’ regional 

structure under the Office of Regional 

Operations and the logos and branding 

that resulted from the ‘‘Transformation 

and Sustainability Plan’’ that 

AmeriCorps adopted several years ago. 

Commenters recounted multiple 

challenges with the regional structure 

that replaced the State Office structure. 

AmeriCorps currently operates through 

the regional structure and strives to 

address grantees’ concerns or the 

difficulties they face within that 

structure. However, because the rule 

merely describes the regional structure 

under which AmeriCorps currently 

operates, AmeriCorps is not 

reconsidering its structure at this time, 

and is proceeding with finalization of 

the description contained in the rule. 

However, AmeriCorps appreciates the 


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