8546 Federal Register / Vol. 89, No. 27 / Thursday, February 8, 2024 / Rules and Regulations 

34A–11–2 through 34A–11–4, 34A–11– 

5, 34A–11–8 through 34A–11–12, 34A– 

11–13 through 34A–11–16, 34A–11–17 

through 34A–11–19, 34A–11–21 and 

34A–11–22; Chapter 34A–12, Regulated 

Substance Discharges, sections 34A–12– 

1(8), 34A–12–4, 34A–12–6, 34A–12–8 

through 34A–12–13, 34A–12–13.1 and 

34A–12–14. 

(ix) SDCL, as amended, 2021 

Revision, Title 37, Trade Regulation, 

Chapter 37–29, Uniform Trade Secrets 

Act, section 37–29–1(4). 

(x) Administrative Rules of South 

Dakota (ARSD), Article 74:08, 

Administrative Fees, effective April 19, 

2021: Chapter 74:08:01, Fees for Records 

Reproduction, sections 74:08:01:01, 

74:08:01:03, 74:08:01:04, 74:08:01:05. 

(3) Related legal provisions. The 

following statutory provisions are 

broader in scope than the Federal 

program, are not part of the authorized 

program, are not incorporated by 

reference, and are not federally 

enforceable: 

(i) SDCL, as amended, 2021 Revision, 

Title 34A, Environmental Protection, 

Chapter 34A–11, Hazardous Waste 

Management, sections 34A–11–12.1, 

34A–11–16.1, 34A–11–25 and 34A–11– 

26. 

(ii) [Reserved] 

(4) Unauthorized State amendments. 

South Dakota has adopted but is not 

authorized for the following Federal 

final rules: 

(i) Hazardous Waste Management 

System; User Fees for the Electronic 

Waste Manifest System and 

Amendments to Manifest Regulations 

(Non-HSWA), published in the Federal 

Register of 1/3/18. 

(ii) Management Standards for 

Hazardous Waste Pharmaceuticals and 

Amendment to the P075 Listing for 

Nicotine (HSWA/Non-HSWA), 

published in the Federal Register of 2/ 

22/19. 

(iii) Those Federal rules written under 

RCRA provisions that predate HSWA 

(non-HSWA) which the State has 

adopted, but for which it is not 

authorized, are not federally 

enforceable. In contrast, EPA will 

continue to enforce the Federal HSWA 

standards for which South Dakota is not 

authorized until the State receives 

specific authorization from EPA. 

(5) Memorandum of Agreement. The 

Memorandum of Agreement between 

EPA Region 8 and the State of South 

Dakota, signed by the Secretary of the 

South Dakota Department of Agriculture 

and Natural Resources Secretary on 

March 20, 2023, and by the EPA Region 

8 Regional Administrator on March 10, 

2023, although not incorporated by 

reference, is referenced as part of the 

authorized hazardous waste 

management program under subtitle C 

of RCRA, 42 U.S.C. 6921 et seq. 

(6) Statement of legal authority. 

‘‘Attorney General’s Statement for Final 

Authorization’’, signed by the Attorney 

General of South Dakota on May 24, 

1984, and revisions, supplements and 

addenda to that Statement dated January 

14, 1991, September 11, 1992, 

September 25, 1992, April 1, 1993, 

September 24, 1993, December 29, 1994, 

September 5, 1995, October 23, 1997, 

October 27, 1997, October 28, 1997, 

November 5, 1999, June 26, 2000, June 

18, 2002, October 19, 2004, May 11, 

2009, May 5, 2015, and November 29, 

2021, although not incorporated by 

reference, are referenced as part of the 

authorized hazardous waste 

management program under subtitle C 

of RCRA, 42 U.S.C. 6921 et seq. 

(7) Program Description. The Program 

Description and any other materials 

submitted as supplements thereto, 

although not incorporated by reference, 

are referenced as part of the authorized 

hazardous waste management program 

under subtitle C of RCRA, 42 U.S.C. 

6921 et seq. 

■ 3. Amend appendix A to part 272 by 

revising the listing for ‘‘South Dakota’’ 

to read as follows: 

Appendix A to Part 272—State 

Requirements 

* * * * * 

South Dakota 

The regulatory provisions include: 

Administrative Rules of South Dakota 

(ARSD), Article 74:28, Hazardous Waste, as 

amended effective April 19, 2021, adopting 

by reference the Federal regulations as of July 

1, 2018, and 83 FR 61552 (November 30, 

2018). 

Sections 74:28:21:01 (except the reference 

to ‘‘260.4 and 260.5’’ at 74:28:21:01(3)(b)(xii), 

and (14)(f)), 74:28:21:02, 74:28:21:03, 

74:28:22:01 (except the phrase ‘‘; and 84 FR 

36, 5938–5950 (February 22, 2019)’’), 

74:28:23:01, 74:28:24:01, 74:28:25:01 (except 

the phrase ‘‘; and 84 FR 36, 5938–5950 

(February 22, 2019)’’), 74:28:25:02 through 

74:28:25:05, 74:28:26:01 (except the phrase ‘‘; 

and 84 FR 36, 5938–5950 (February 22, 

2019)’’ in the introductory paragraph), 

74:28:27:01 (except the phrase ‘‘; 84 FR 36, 

5938–5950 (February 22, 2019)’’ in the 

introductory paragraph), 74:28:28:01 (except 

the phrase ‘‘; and 84 FR 36, 5938–5950 

(February 22, 2019)’’), 74:28:28:02 through 

74:28:28:05, 74:28:29:01, 74:28:30:01 (except 

the phrase ‘‘; and 84 FR 36, 5938–5950 

(February 22, 2019)’’) and 74:28:33:01 (except 

the phrase ‘‘; and 84 FR 36, 5938–5950 

(February 22, 2019)’’); Article 74:36, Air 

Pollution Control Program, section 

74:36:11:01. 

Copies of the South Dakota regulations that 

are incorporated by reference are available 

from South Dakota Legislative Research 

Council, 3rd Floor, State Capitol, 500 East 

Capitol Avenue, Pierre, SD 57501, (Phone: 

605–773–3251). 

* * * * * 

[FR Doc. 2024–02310 Filed 2–7–24; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Office of the Secretary 

45 CFR Parts 170 and 171 

RIN 0955–AA03 

Health Data, Technology, and 

Interoperability: Certification Program 

Updates, Algorithm Transparency, and 

Information Sharing; Correction 

AGENCY: Office of the National 

Coordinator for Health Information 

Technology (ONC), Department of 

Health and Human Services (HHS). 

ACTION: Final rule; correction. 

SUMMARY: This document corrects 

technical and typographical errors in 

the final rule entitled, ‘‘Health Data, 

Technology, and Interoperability: 

Certification Program Updates, 

Algorithm Transparency, and 

Information Sharing’’ that was 

published in the Federal Register on 

January 9, 2024, and has a stated 

effective of February 8, 2024. 

DATES: As of February 8, 2024 the 

effective date of the final rule published 

on January 9, 2024 (89 FR 1192, FR 

2023–28857), is corrected to March 11, 

2024. The corrections in this document 

are effective on March 11, 2024. 

FOR FURTHER INFORMATION CONTACT: Kate 

Tipping, Office of Policy, National 

Coordinator for Health Information 

Technology, 202–690–7151. 

SUPPLEMENTARY INFORMATION: 

I. Background 

In Federal Register document 2023– 

28857 (89 FR 1192) final rule entitled 

‘‘Health Data, Technology, and 

Interoperability: Certification Program 

Updates, Algorithm Transparency, and 

Information Sharing’’ (HTI–1) 

(hereinafter referred to as the HTI–1 

Final Rule), we identified certain 

technical and typographical errors 

following publication in the Federal 

Register on January 9, 2024. We 

summarize and correct these errors in 

the ‘‘Summary of Errors’’ and 

‘‘Corrections of Errors’’ sections below. 


lotter on DSK11XQN23PROD with RULES1
Federal Register / Vol. 89, No. 27 / Thursday, February 8, 2024 / Rules and Regulations 8547 

II. Summary of Errors 

A. Preamble Errors—DATES Section— 

Effective Dates of the Rule 

On page 1192, first column, bottom of 

the page, we erroneously included an 

effective date of 30 days after 

publication of the final rule in the 

Federal Register, when it should have 

been 60 days after publication of the 

final rule in the Federal Register. The 

Congressional Review Act (CRA) 

requires a 60-day delay in the effective 

date of a major rule from the date of 

publication in the Federal Register or 

receipt of the rule by Congress, 

whichever is later (5 U.S.C. 

801(a)(3)(A)). The rule was published in 

the Federal Register on January 9, 2024, 

and it has a stated effective date of 

February 8, 2024 (89 FR 1192). The 

Congressional Record reflects that 

House and Senate received the HTI–1 

Final Rule on January 10, 2024 (See 170 

Cong. Rec. H105 (Jan. 11, 2024). 

Accordingly, we are correcting the 

effective date to March 11, 2024. 

Also on page 1192, first column, 

bottom of page, the incorporation by 

reference approval date should be the 

effective date of the final rule. The HTI– 

1 Final Rule stated that the 

incorporation by reference approval 

date was February 8, 2024 (89 FR 1192). 

Because we inadvertently included an 

erroneous effective date, the 

incorporation by reference approval 

date must also be corrected to March 11, 

2024. 

B. Preamble Errors—Part 171 

1. Infeasibility Exception—Third Party 

Seeking Modification Use 

On page 1376, third column, middle 

of the page, we transposed the numbers 

and added an extra zero in a reference 

to the Code of Federal Regulations 

(CFR). We inadvertently added 54 CFR 

part 1600. We included the correct 

cross-reference to the regulatory text in 

a parenthetical. However, the reference 

to 54 CFR part 1600 should read ‘‘45 

CFR part 160.’’ 

C. Regulation Text Errors—Part 170— 

Health Information Technology 

Standards, Implementation 

Specifications, and Certification Criteria 

and Certification Programs for Health 

Information Technology 

1. ONC Certification Criteria for Health 

IT 

On page 1429, third column, top of 

page, we inadvertently omitted 

amendatory text for § 170.315. Within 

amendatory instruction 9 for § 170.315, 

sub-instructions c. and f., we neglected 

to specify ‘‘introductory text’’ for three 

references. Within sub-instruction c., 

paragraph (b)(2)(iii)(D) should read 

‘‘(b)(2)(iii)(D) introductory text’’ and the 

reference to paragraph (b)(3) should 

read ‘‘(b)(3)(ii)(A) introductory text.’’ 

Within sub-instruction f., paragraphs 

(e)(1)(i)(B)(1) and (2) should read 

‘‘(e)(1)(i)(B)(1) and (2) introductory 

text.’’ Also on page 1429, third column, 

top of page, we inadvertently included 

an incorrect reference and omitted an 

italicization in sub-instruction h. The 

reference to paragraphs 

(g)(10)(v)(A)(1)(i) and (ii), 

(g)(10)(v)(A)(1)(B), (g)(10)(v)(A)(2)(i) and 

(ii) should read ‘‘(g)(10)(v)(A)(1)(i) and 

(ii), (g)(10)(v)(A)(2)(i) and (ii), 

(g)(10)(v)(A)(B)’’. 

a. Transitions of Care 

On page 1430, middle column, top 

half of the page, we inadvertently 

referenced § 170.207(n)(2) in 

§ 170.315(b)(1)(iii)(G)(3), Sex constraint. 

In the HTI–1 Proposed Rule (88 FR 

23766), we proposed to remove the 

requirement in § 170.315(a)(5)(i)(C) and 

§ 170.315(b)(1)(iii)(G)(3) to code Sex 

according to the adopted value sets of 

HL7 Version 3 Value Sets for 

AdministrativeGender and NullFlavor 

as referenced in the value sets in 

§ 170.207(n)(1). We proposed instead to 

permit coding according to either the 

adopted value sets of HL7 Version 3 

Value Sets for AdministrativeGender 

and NullFlavor as referenced in the 

value sets in § 170.207(n)(1) until 

December 31, 2025, or in accordance 

with the standard in proposed 

§ 170.207(n)(2) (89 FR 1220). 

In the HTI–1 Proposed Rule, we also 

proposed to update 

§ 170.315(c)(4)(iii)(G) introductory text 

and (b)(1)(iii)(G)(3) to reference 

§ 170.207(n)(2) (89 FR 1225). In the 

HTI–1 Final Rule, we noted that, in the 

HTI–1 Proposed Rule regulation text in 

§ 170.315(b)(1)(iii)(G)(3), we 

inadvertently included a reference to 

§ 170.213 (88 FR 23909) instead of 

including § 170.207(n)(2) as discussed 

in our proposal (88 FR 23821). We 

finalized § 170.315(b)(1)(iii)(G)(3) 

without the proposed reference to 

§ 170.213. We stated that we finalized 

§ 170.315(b)(1)(iii)(G)(3) to include a 

reference to § 170.207(n)(2) to correct 

this error and to reference the most 

recent version of SNOMED CT U.S. 

Edition available at the time of this rule 

(89 FR 1225). In the HTI–1 Final Rule, 

we also finalized our proposal that the 

adoption of the code sets referenced in 

§ 170.207(n)(1) will expire on January 1, 

2026, and that health IT developers can 

continue to use the specific codes in the 

current terminology standard through 

December 31, 2025, in order to provide 

adequate time for Health IT Modules 

certified to particular certification 

criteria to transition to the updated 

terminology standards (89 FR 1198). In 

the HTI–1 Final Rule, we finalized the 

timelines for the respective standards 

updates as proposed and stated our 

intent to allow the use of the standards 

for the criterion consistent with those 

dates (89 FR 1225). We further stated 

that developers of certified health IT 

with Health IT Modules certified to 

criteria that reference § 170.207(n)(1) 

would be required to update those 

Health IT Modules to § 170.207(n)(2) 

and provide them to customers by 

January 1, 2026 (89 FR 1298). Therefore, 

in this final rule correction we have 

added a reference to § 170.207(n)(1) up 

to and including December 31, 2025, in 

§ 170.315(b)(1)(iii)(G)(3). Referencing 

§ 170.207(n)(1) in this manner is 

consistent with the rationale that Sex be 

coded according to the adopted value 

sets in § 170.207(n)(1) until January 1, 

2026; or coded according to the adopted 

standards in § 170.207(n)(2), and 

consistent with what we proposed (88 

FR 23766) and intended to finalize. 

b. Electronic Prescribing 

On page 1430, third column, top of 

page, in § 170.315(b)(3) we also 

inadvertently omitted five asterisks after 

paragraph (b)(3)(ii)(A). The text in (b)(3) 

should remain unchanged except for the 

revisions in (b)(3)(ii)(A). 

2. Real World Testing 

On page 1434, first column, middle of 

page, in amendatory instruction 12 for 

§ 170.405, we neglected to specify 

‘‘introductory text’’ after paragraph 

(b)(2)(ii). The correct reference should 

say ‘‘(b)(2)(ii) introductory text.’’ 

3. Discontinuation of Year Themed 

Editions 

In the HTI–1 Final Rule, we finalized 

the discontinuation of year themed 

editions for ONC Certification Criteria 

for Health IT and renamed all 

certification criteria within the Program 

simply as ‘‘ONC Certification Criteria 

for Health IT’’ (89 FR 1206). In the HTI– 

1 Proposed Rule (88 FR 23912, 23914), 

we proposed to remove and replace 

references to the 2015 Edition in 

§§ 170.406(a)(5) and 170.550(h)(1). In 

the HTI–1 Final Rule, we finalized the 

removal of year themed Editions as 

proposed and stated that we ‘‘replaced 

references to the ‘2015 Edition’ in 

§§ 170.102, 170.405, 170.406, 170.523, 

170.524, and 170.550 (89 FR 1207). 

However, when removing the references 

to the 2015 Edition in the regulation 

text, we neglected to remove and 

replace the reference to the 2015 Edition 


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8548 Federal Register / Vol. 89, No. 27 / Thursday, February 8, 2024 / Rules and Regulations 

in §§ 170.406(a)(5) and 170.550(h)(1). 

Because year themed editions have been 

discontinued, including the 2015 

Edition, and because we proposed to 

remove and replace these references and 

stated that we finalized as proposed, in 

this final rule correction we have 

corrected §§ 170.406(a)(5) and 

170.550(h)(1) to replace the references 

to the 2015 Edition with references to 

ONC Certification Criteria for Health IT. 

III. Waiver of Proposed Rulemaking, 

Comment Period, 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. In 

addition, section 553(d) of the APA 

mandates 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 requirements. 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 are 

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 final rule correction 

does not constitute a rule that would be 

subject to the APA notice and comment 

or delayed effective date requirements. 

This document corrects technical and 

typographical errors in the preamble 

and regulation text of the HTI–1 Final 

Rule, but does not make substantive 

changes to the policies that were 

adopted in the HTI–1 Final Rule. As a 

result, this final rule correction is 

intended to ensure that the information 

in the HTI–1 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 procedures 

and requirements. Undertaking further 

notice and comment procedures to 

incorporate the corrections in this 

document into the HTI–1 Final Rule 

would be contrary to the public interest 

because these corrections ensure the 

HTI–1 Final Rule complies with the 

CRA and do not change the policies laid 

out in the HTI–1 Final Rule. This final 

rule correction is intended solely to 

ensure that the HTI–1 Final Rule 

accurately reflects applicable law and 

the policies finalized in the HTI–1 Final 

Rule. Therefore, we believe we have 

good cause to waive the notice and 

comment and effective date 

requirements. 

IV. Corrections of Errors 

In FR Doc. 2023–28857 appearing on 

page 1192 in the Federal Register of 

January 9, 2024, for the reasons stated 

above, the Office of the Secretary 

corrects the following: 

■ 1. On page 1192, first column, bottom 

of the page, correct the DATES section to 

read as follows: 

DATES: Effective date: This final rule is 

effective on March 11, 2024. 

Incorporation by reference: The 

incorporation by reference of certain 

publications listed in the rule was 

approved by the Director of the Federal 

Register as of March 11, 2024. 

■ 2. On page 1376, third column, 

middle of the page, correct the reference 

to ‘‘54 CFR part 1600’’ to read ‘‘45 CFR 

part 160.’’ 

■ 3. On page 1429, in the third column, 

instructions 9.c, 9.f and 9.h to section 

§ 170.315 are corrected to read as 

follows: 

■ 9. Amend § 170.315 by: 

* * * * * 

■ c. Revising paragraphs (a)(12), 

(b)(1)(iii)(A)(1) and (2); (b)(1)(iii)(B)(2), 

(b)(1)(iii)(G) introductory text, 

(b)(1)(iii)(G)(3), (b)(2)(i) and (ii), 

(b)(2)(iii)(D) introductory text, and 

(b)(2)(iv), (b)(3)(ii)(A) introductory text, 

(b)(6)(ii)(B)(2), and (b)(9)(ii); 

* * * * * 

■ f. Revising paragraphs (e)(1)(i)(A)(1) 

and (2), and (e)(1)(i)(B)(1) and (2) 

introductory text, and adding paragraph 

(e)(1)(iii); 

* * * * * 

■ h. Revising paragraphs (g)(3) 

introductory text, (g)(6)(i)(A) and (B), 

(g)(9)(i)(A)(1) and (2), (g)(10)(i)(A) and 

(B), (g)(10)(ii)(A) and (B), (g)(10)(iv)(A) 

and (B), (g)(10)(v)(A)(1)(i) and (ii), 

(g)(10)(v)(A)(2)(i) and (ii), (g)(10)(v)(B), 

and (g)(10)(vi) and (vii). 

■ 4. On page 1430, starting in the 

second column, in amendatory 

instruction 9, in § 170.315 correct 

paragraphs (b)(1)(iii)(G)(3), (b)(3)(ii)(A) 

introductory text, (g)(10)(v)(A)(1)(i) and 

(ii), (g)(10)(v)(A)(2)(i) and (ii), and 

(g)(10)(v)(B) to read as follows: 

§ 170.315 [Corrected] 

* * * * * 

(b) * * * 

(1) * * * 

(iii) * * * 

(G) * * * 

(3) Sex Constraint: Represent sex with 

the standard adopted in § 170.207(n)(1) 

up to and including December 31, 2025; 

or with the standard adopted in 

§ 170.207(n)(2). 

* * * * * 

(3) * * * 

(ii) * * * 

(A) Enable a user to perform the 

following prescription-related electronic 

transactions in accordance with the 

standard specified in § 170.205(b)(1) 

and, at a minimum, the version of the 

standard specified in § 170.207(d)(1) as 

follows: 

* * * * * 

(g) * * * 

(10) * * * 

(v) * * * 

(A) * * * 

(1) * * * 

(i) Authentication and authorization 

must occur during the process of 

granting access to patient data in 

accordance with the implementation 

specification adopted in § 170.215(c) 

and standard adopted in § 170.215(e). 

(ii) A Health IT Module’s 

authorization server must issue a refresh 

token valid for a period of no less than 

three months to applications using the 

‘‘confidential app’’ profile according to 

an implementation specification 

adopted in § 170.215(c). 

* * * * * 

(2) * * * 

(i) Access must be granted to patient 

data in accordance with the 

implementation specification adopted 

in § 170.215(c) without requiring reauthorization and re-authentication 

when a valid refresh token is supplied 

by the application. 

(ii) A Health IT Module’s 

authorization server must issue a refresh 

token valid for a new period of no less 

than three months to applications using 

the ‘‘confidential app’’ profile according 

to an implementation specification 

adopted in § 170.215(c). 

(B) Authentication and authorization 

for system scopes. Authentication and 

authorization must occur during the 

process of granting an application 

access to patient data in accordance 

with the ‘‘SMART Backend Services: 

Authorization Guide’’ section of the 

implementation specification adopted 

in § 170.215(d) and the application must 

be issued a valid access token. 

* * * * * 

§ 170.405 [Corrected] 

■ 5. On page 1434, first column, middle 

of page, in amendatory instruction 12 

for § 170.405 correct instruction 12.a to 

read as ‘‘a. Revising paragraphs (a) and 

(b)(2)(ii) introductory text; and’’ 


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Federal Register / Vol. 89, No. 27 / Thursday, February 8, 2024 / Rules and Regulations 8549 

■ 6. Starting on page 1434, in the second 

column, redesignate instructions 13 

through 22 as instructions 14 through 

23. 

■ 7. On page 1434, in the second 

column, add a new instruction 13 and 

accompanying regulatory text to read as 

follows: 

■ 13. Amend § 170.406 by revising 

paragraph (a)(5) to read: 

§ 170.406 Attestations 

(a) * * * 

(5) Section 170.405 if a health IT 

developer has a Health IT Module(s) 

certified to any one or more ONC 

Certification Criteria for Health IT in 

§ 170.315(b), (c)(1) through (3), (e)(1), (f), 

(g)(7) through (10), and (h). 

■ 8. On page 1435, starting in the 

second column, correct newly 

redesignated instruction 17 and the 

accompanying regulatory text to read as 

follows: 

■ 17. Amend § 170.550 by revising 

paragraphs (g) introductory text, (h)(1), 

and (m) introductory text to read as 

follows: 

§ 170.550 Health IT Module certification. 

* * * * * 

(g) Health IT Module dependent 

criteria. When certifying a Health IT 

Module to the ONC Certification Criteria 

for Health IT, an ONC–ACB must certify 

the Health IT Module in accordance 

with the certification criteria at: 

* * * * * 

(h) * * * 

(1) General rule. When certifying a 

Health IT Module to the ONC 

Certification Criteria for Health IT, an 

ONC–ACB can only issue a certification 

to a Health IT Module if the privacy and 

security certification criteria in 

paragraphs (h)(3)(i) through (ix) of this 

section have also been met (and are 

included within the scope of the 

certification). 

* * * * * 

(m) Time-limited certification and 

certification status for certain ONC 

Certification Criteria for Health IT. An 

ONC–ACB may only issue a certification 

to a Health IT Module and permit 

continued certified status for: 

* * * * * 

Elizabeth J. Gramling, 

Executive Secretary to the Department, 

Department of Health and Human Services. 

[FR Doc. 2024–02519 Filed 2–6–24; 8:45 am] 

BILLING CODE 4150–45–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 64 

[CG Docket Nos. 03–123, 10–51, 13–24 and 

WC Docket No. 12–375; FCC 22–51; FCC 

22–76; FR ID 201005] 

VRS and IP CTS—Commencement of 

Pending User Registration; Rates for 

Interstate Inmate Calling Services; 

Correction 

AGENCY: Federal Communications 

Commission. 

ACTION: Technical amendments. 

SUMMARY: The Federal Communications 

Commission (Commission) corrects the 

effective date for rules published in a 

document in the Federal Register on 

December 21, 2023. The document 

incorrectly announced an effective date 

for certain amendments to the 

Commission’s regulations. 

DATES: The amendments to 

§ 64.6060(a)(5) through (7) in 

amendatory instruction 2 are effective 

February 8, 2024. The amendments to 

§ 64.6060(a)(5) through (7) in 

amendatory instruction 3 are delayed 

indefinitely. The Commission will 

publish a document in the Federal 

Register announcing the effective date. 

FOR FURTHER INFORMATION CONTACT: 

Michael Scott, Disability Rights Office, 

Consumer and Governmental Affairs 

Bureau, at (202) 418–1264, or email: 

Michael.Scott@fcc.gov. 

SUPPLEMENTARY INFORMATION: This 

document corrects the effective date for 

amendments to § 64.6060(a)(5) through 

(7), published at 87 FR 75496, December 

9, 2022, which triggered the codification 

of those amendments on December 21, 

2023. The document corrects 

§ 64.6060(a)(5) through (7) (amendatory 

instruction 2) to revert the rule to the 

prior text. The document publishes 

amendments to § 64.6060(a)(5) through 

(7) (amendatory instruction 3) that are 

delayed pending Office of Management 

and Budget (OMB) approval of the 

information requirements contained in 

the Commission’s Report and Order, 

FCC 22–76, published at 87 FR 75496, 

December 9, 2022. The Commission will 

publish a document in the Federal 

Register announcing the effective date 

for the delayed amendments. 

List of Subjects in 47 CFR Part 64 

Individuals with disabilities, 

Telecommunications, Telephone. 

Federal Communications Commission. 

Marlene Dortch, 

Secretary, Office of the Secretary. 

Accordingly, 47 CFR part 64 is 

amended as follows: 

PART 64—MISCELLANEOUS RULES 

RELATING TO COMMON CARRIERS 

■ 1. The authority citation for part 64 

continues to read as follows: 

Authority: 47 U.S.C. 151, 152, 154, 201, 

202, 217, 218, 220, 222, 225, 226, 227, 227b, 

228, 251(a), 251(e), 254(k), 255, 262, 276, 

301, 303, 316, 345, 403(b)(2)(B), (c), 616, 620, 

716, 1401–1473, unless otherwise noted; Div. 

P, sec. 503, Pub. L. 115–141, 132 Stat. 348, 

1091; sec. 5, Pub. L. 117–223, 136 Stat 2280, 

2285–88 (47 U.S.C. 345 note). 

Subpart FF—Inmate Calling Services 

■ 2. Amend § 64.6060 by revising 

paragraphs (a)(5) through (7) to read as 

follows: 

§ 64.6060 Annual reporting and 

certification requirement. 

(a) * * * 

(5) The number of TTY-based Inmate 

Calling Services calls provided per 

facility during the reporting period; 

(6) The number of dropped calls the 

reporting Provider experienced with 

TTY-based calls; and 

(7) The number of complaints that the 

reporting Provider received related to 

e.g., dropped calls, poor call quality and 

the number of incidences of each by 

TTY and TRS users. 

* * * * * 

■ 3. Delayed indefinitely, further amend 

§ 64.6060 by revising paragraphs (a)(5) 

through (7) to read as follows: 

§ 64.6060 Annual reporting and 

certification requirement. 

(a) * * * 

(5) For each facility served, the kinds 

of TRS that may be accessed from the 

facility; 

(6) For each facility served, the 

number of calls completed during the 

reporting period in each of the following 

categories: 

(i) TTY-to-TTY calls; 

(ii) Point-to-point video calls placed 

or received by ASL users as those terms 

are defined in § 64.601(a); and 

(iii) TRS calls, broken down by each 

form of TRS that can be accessed from 

the facility; and 

(7) For each facility served, the 

number of complaints that the reporting 

Provider received in each of the 

categories set forth in paragraph (a)(6) of 

this section. 

* * * * * 

[FR Doc. 2024–02384 Filed 2–7–24; 8:45 am] 

BILLING CODE 6712–01–P 


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