79450 Federal Register / Vol. 89, No. 189 / Monday, September 30, 2024 / Rules and Regulations 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4). For the same 

reason, this action also does not 

significantly or uniquely affect the 

communities of Tribal governments, as 

specified by Executive Order 13175 (65 

FR 67249, November 9, 2000). In any 

case, Executive Order 13175 does not 

apply to this rule since there are no 

Federally recognized tribes in West 

Virginia. 

This action will not have substantial 

direct effects on the States, on the 

relationship between the national 

government and the States, or on the 

distribution of power and 

responsibilities among the various 

levels of government, as specified in 

Executive Order 13132 (64 FR 43255, 

August 10, 1999), because it merely 

authorizes State requirements as part of 

the State RCRA hazardous waste 

program without altering the 

relationship or the distribution of power 

and responsibilities established by 

RCRA. This action also is not subject to 

Executive Order 13045 (62 FR 19885, 

April 23, 1997), because it is not 

economically significant, and it does not 

make decisions based on environmental 

health or safety risks that may 

disproportionately affect children. This 

rule is not subject to Executive Order 

13211, ‘‘Actions Concerning Regulations 

That Significantly Affect Energy Supply, 

Distribution, or Use’’ (66 FR 28355 (May 

22, 2001)) because it is not a significant 

regulatory action under Executive Order 

12866. 

Under RCRA section 3006(b), EPA 

grants a State’s application for 

authorization as long as the State meets 

the criteria required by RCRA. It would 

thus be inconsistent with applicable law 

for EPA, when it reviews a State 

authorization application, to require the 

use of any particular voluntary 

consensus standard in place of another 

standard that otherwise satisfies the 

requirements of RCRA. Thus, the 

requirements of section 12(d) of the 

National Technology Transfer and 

Advancement Act of 1995 (15 U.S.C. 

272 note) do not apply. 

This rule does not impose an 

information collection burden under the 

provisions of the Paperwork Reduction 

Act of 1995 (44 U.S.C. 3501 et seq.). 

Executive Order 12898 (59 FR 7629, 

February 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 

believes that this action does not have 

disproportionately high and adverse 

human health or environmental effects 

on minority populations, low-income 

populations and/or indigenous peoples, 

because it approves pre-existing State 

rules that are no less stringent than 

existing Federal requirements and 

imposes no additional requirements 

beyond those imposed by State law. For 

these reasons, this rule is not subject to 

Executive Order 12898. 

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. EPA will submit a 

report containing this document 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 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). 

However, this action will not be 

effective until November 29, 2024 

because it is a direct final rule. 

List of Subjects in 40 CFR Part 271 

Environmental protection, 

Administrative practice and procedure, 

Confidential business information, 

Hazardous waste, Hazardous waste 

transportation, Indian lands, 

Intergovernmental relations, Penalties, 

Reporting and record keeping 

requirements. 

Authority: This action is issued under the 

authority of sections 2002(a), 3006 and 

7004(b) of the Solid Waste Disposal Act, as 

amended, 42 U.S.C. 6912(a), 6926, 6974(b). 

Adam Ortiz, 

Regional Administrator, EPA Region 3. 

[FR Doc. 2024–21665 Filed 9–27–24; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Centers for Medicare & Medicaid 

Services 

42 CFR Parts 422, 423, and 460 

[CMS–4201–F5 and CMS–4205–F4] 

RIN 0938–AV24 and 0938–AU96 

Medicare Program; Changes to the 

Medicare Advantage and the Medicare 

Prescription Drug Benefit Program for 

Contract Year 2024—Remaining 

Provisions and Contract Year 2025 

Policy and Technical Changes to the 

Medicare Advantage Program, 

Medicare Prescription Drug Benefit 

Program, Medicare Cost Plan Program, 

and Programs of All-Inclusive Care for 

the Elderly (PACE); Correcting 

Amendment 

AGENCY: Centers for Medicare & 

Medicaid Services (CMS), Department 

of Health and Human Services (HHS). 

ACTION: Final rule; correcting 

amendment. 

SUMMARY: This document corrects 

technical and typographical errors in 

the final rule that appeared in the April 

23, 2024 Federal Register titled 

‘‘Medicare Program; Changes to the 

Medicare Advantage and the Medicare 

Prescription Drug Benefit Program for 

Contract Year 2024—Remaining 

Provisions and Contract Year 2025 

Policy and Technical Changes to the 

Medicare Advantage Program, Medicare 

Prescription Drug Benefit Program, 

Medicare Cost Plan Program, and 

Programs of All-Inclusive Care for the 

Elderly (PACE).’’ The effective date of 

the final rule was June 3, 2024. 

DATES: This correcting amendment is 

effective September 30, 2024. 

FOR FURTHER INFORMATION CONTACT: 

Carly Medosch, (410) 786–8633— 

General Questions. 

Naseem Tarmohamed, (410) 786– 

0814—Part C and Cost Plan Issues. 

Lucia Patrone, (410) 786–8621—Part 

D Issues. 

Kelley Ordonio, (410) 786–3453— 

Parts C and D Payment Issues. 

Hunter Coohill, (720) 853–2804— 

Enforcement Issues. 

Lauren Brandow, (410) 786–9765— 

PACE Issues. 

Sara Klotz, (410) 786–1984—D–SNP 

Issues. 

Joe Strazzire, (410) 786–2775—RADV 

Audit Appeals Issues. 

PartCandDStarRatings@

cms.hhs.gov—Parts C and D Star Ratings 

Issues. 

SUPPLEMENTARY INFORMATION: 


ddrumheller on DSK120RN23PROD with RULES1
Federal Register / Vol. 89, No. 189 / Monday, September 30, 2024 / Rules and Regulations 79451 

I. Background 

In FR Doc. 2024–07105 of April 23, 

2024 (89 FR 30448), the final rule titled 

‘‘Medicare Program; Changes to the 

Medicare Advantage and the Medicare 

Prescription Drug Benefit Program for 

Contract Year 2024—Remaining 

Provisions and Contract Year 2025 

Policy and Technical Changes to the 

Medicare Advantage Program, Medicare 

Prescription Drug Benefit Program, 

Medicare Cost Plan Program, and 

Programs of All-Inclusive Care for the 

Elderly (PACE)’’, there were several 

typographical and technical errors that 

are identified and corrected in this 

correcting amendment. 

II. Summary of Errors 

We are correcting typographical and 

grammatical errors in the regulatory text 

of §§ 422.101(f)(3)(iv)(B)(3), 

422.514(h)(2), and 423.346(e)(2), 

respectively. 

We are correcting inadvertent 

technical and typographical errors in 

the regulations text of § 423.153. 

In § 460.20, we inadvertently revised 

paragraph (c), when we intended to 

redesignate paragraphs (c) through (e) as 

paragraphs (d) through (f) and add a 

new paragraph (c). Our intent was to 

finalize the proposed changes to 

§ 460.20 that were included in the 

proposed rule that appeared in the 

December 27, 2022 Federal Register (87 

FR 79452) titled ‘‘Medicare Program; 

Contract Year 2024 Policy and 

Technical Changes to the Medicare 

Advantage Program, Medicare 

Prescription Drug Benefit Program, 

Medicare Cost Plan Program, Medicare 

Parts A, B, C, and D Overpayment 

Provisions of the Affordable Care Act 

and Programs of All-Inclusive Care for 

the Elderly; Health Information 

Technology Standards and 

Implementation Specifications.’’ We are 

providing corrected instructions to 

address this error and redesignate 

paragraphs (d) and (e) as paragraphs (e) 

and (f), and to specify that we are 

adding new paragraph (d). 

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. Specifically, 5 

U.S.C. 553 requires the agency to 

publish a notice of the proposed rule in 

the Federal Register that includes a 

reference to the legal authority under 

which the rule is proposed, and the 

terms and substance of the proposed 

rule or a description of the subjects and 

issues involved. Further, 5 U.S.C. 553 

requires the agency to give interested 

parties the opportunity to participate in 

the rulemaking through public comment 

on a proposed rule. Similarly, section 

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 for rulemaking 

to carry out the administration of the 

Medicare program under title XVIII of 

the Act. In addition, section 553(d) of 

the APA, and section 1871(e)(1)(B)(i) of 

the Social Security Act (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, also provide 

exceptions from the notice and 60-day 

comment period and delay in effective 

date requirements of the Act. 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 

amendment 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 amendment 

corrects typographical and technical 

errors in the regulatory 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 amendment 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 regulatory text 

correction in this document into the 

final rule or delaying the effective date 

would be unnecessary, as we are not 

altering our policies or regulatory 

changes, but rather, we are simply 

implementing the policies and 

regulatory changes that we previously 

proposed, requested comment on, and 

subsequently finalized. 

This final rule correcting amendment 

is intended solely to ensure that the 

final rule and the Code of Federal 

Regulations (CFR) accurately reflect 

policies and regulatory changes that 

have been adopted through rulemaking. 

Furthermore, such notice and comment 

procedures would be contrary to the 

public interest because it is in the 

public’s interest to ensure that the final 

rule accurately reflects our policies and 

regulatory changes. Therefore, we 

believe we have good cause to waive the 

notice and comment and effective date 

requirements. 

List of Subjects 

42 CFR Parts 422 and 423 

Administrative practice and 

procedure, Health facilities, Health 

maintenance organizations (HMO), 

Medicare, Penalties, Privacy, Reporting 

and recordkeeping requirements. 

42 CFR Part 460 

Aged, Citizenship and naturalization, 

Civil rights, Health, Health care, Health 

records, Individuals with disabilities, 

Medicaid, Medicare, Religious 

discrimination, Reporting and 

recordkeeping requirements, Sex 

discrimination. 

For the reasons set forth in the 

preamble, the Centers for Medicare & 

Medicaid Services corrects 42 CFR 

chapter IV by making the following 

correcting amendments: 

PART 422—MEDICARE ADVANTAGE 

PROGRAM 

■ 1. The authority citation for part 422 

continues to read as follows: 

Authority: 42 U.S.C. 1302, 1306, 1395w– 

21 through 1395w–28, and 1395hh. 

§ 422.101 [Amended] 

■ 2. Amend § 422.101, in paragraph 

(f)(3)(iv)(B)(3), by removing the phrase 

‘‘related SNP operations.’’ and adding in 

its place the phrase ‘‘related to SNP 

operations.’’. 

§ 422.514 [Amended] 

■ 3. Amend § 422.514, in paragraph 

(h)(2), by removing the phrase ‘‘(or 

continue to cover individuals’’ and 

adding in its place the phrase ‘‘(or 

continue to cover) individuals’’. 


ddrumheller on DSK120RN23PROD with RULES1
79452 Federal Register / Vol. 89, No. 189 / Monday, September 30, 2024 / Rules and Regulations 

PART 423—VOLUNTARY MEDICARE 

PRESCRIPTION DRUG BENEFIT 

■ 4. The authority citation for part 423 

continues to read as follows: 

Authority: 42 U.S.C. 1302, 1306, 1395w– 

101 through 1395w–152, and 1395hh. 

§ 423.153 [Amended] 

■ 5. Amend § 423.153 by: 

■ a. Revising the section heading; 

■ b. In paragraph (a), removing the 

phrase ‘‘an MTMP as described’’ and 

adding in its place the phrase ‘‘an MTM 

program as described’’; 

■ c. In paragraph (d), adding a 

paragraph heading; 

■ d. In paragraph (d)(1)(vi), removing 

the term ‘‘MTMP’’ and adding in its 

place the phrase ‘‘MTM program’’; 

■ e. In paragraph (d)(1)(vii) introductory 

text, removing the term ‘‘MTMP’’ and 

adding in its place the phrase ‘‘MTM 

program’’; 

■ f. In paragraph (d)(6), removing the 

term ‘‘MTMP’’ and adding in its place 

the phrase ‘‘MTM program’’; and 

■ g. Redesignating paragraphs (g)(i) 

through (iii) as paragraphs (g)(1)(i) 

through (iii). 

The revision and addition read as 

follows: 

§ 423.346 Drug utilization management, 

quality assurance, medication therapy 

management (MTM) programs, drug 

management programs, and access to 

Medicare Parts A and B claims data 

extracts. 

* * * * * 

(d) Medication therapy management 

(MTM) program—* * * 

* * * * * 

■ 6. Amend § 423.346, in paragraph 

(e)(2), by removing the phrase 

‘‘contracts that is’’ and adding in its 

place the phrase ‘‘contracts that are’’. 

PART 460—PROGRAMS OF ALLINCLUSIVE CARE FOR THE ELDERLY 

(PACE) 

■ 7. The authority citation for part 460 

continues to read as follows: 

Authority: 42 U.S.C. 1302, 1395, 

1395eee(f), and 1396u–4(f). 

■ 8. Amend § 460.20 by: 

■ a. Redesignating paragraphs (d) and 

(e) as paragraphs (e) and (f); and 

■ b. Adding a new paragraph (d). 

The addition reads as follows: 

§ 460.20 Notice of CMS determination. 

* * * * * 

(d) Additional information requested. 

If CMS determines that an application is 

not complete because it does not 

include sufficient information to make a 

determination, CMS will request 

additional information within 90 days, 

or 45 days for applications set forth in 

§ 460.10(a)(2), after the date of 

submission of the application. 

(1) The time limits in paragraph (a) of 

this section do not begin until CMS 

receives all requested information and 

the application is complete. 

(2) If more than 12 months elapse 

between the date of initial submission of 

the application and the entity’s response 

to the CMS request for additional 

information, the entity must update the 

application to provide the most current 

information and materials related to the 

application. 

* * * * * 

Elizabeth J. Gramling, 

Executive Secretary to the Department, 

Department of Health and Human Services. 

[FR Doc. 2024–22203 Filed 9–27–24; 8:45 am] 

BILLING CODE 4120–01–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 648 

[Docket No. 240514–0138; RTID 0648– 

XE252] 

Fisheries of the Northeastern United 

States; Atlantic Spiny Dogfish Fishery; 

Extension of 2024 Specifications 

Emergency Measures 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; emergency 

action extended. 

SUMMARY: This emergency action 

extends the 2024 emergency action 

specifications for the spiny dogfish 

fishery through the remainder of the 

2024 fishing year and implements an 

accountability measure consistent with 

the regulations implementing the Spiny 

Dogfish Fishery Management Plan. This 

action is necessary to maintain 

allowable harvest levels for the spiny 

dogfish fishery to prevent overfishing 

while minimizing adverse economic 

impacts on fishing communities, using 

the best scientific information available. 

DATES: Effective November 18, 2024, 

through April 30, 2025. 

ADDRESSES: The Mid-Atlantic Fishery 

Management Council prepared an 

environmental assessment (EA) for these 

specifications that describes the action, 

other considered alternatives, and 

analyses of the impacts of all 

alternatives. Copies of the specifications 

document, including the EA, are 

available on request from Dr. 

Christopher M. Moore, Executive 

Director, Mid-Atlantic Fishery 

Management Council, Suite 201, 800 

North State Street, Dover, DE 19901. 

These documents are also accessible via 

the internet at https://www.mafmc.org/ 

action-archive. 

FOR FURTHER INFORMATION CONTACT: 

Laura Deighan, Fishery Policy Analyst, 

(978) 281–9184, laura.deighan@

noaa.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

The implementing regulations for the 

Atlantic Spiny Dogfish Fishery 

Management Plan (FMP) are found at 50 

CFR part 648 subpart L, and require the 

specification of regulatory harvest 

limits, including an acceptable 

biological catch (ABC), annual catch 

limit (ACL), annual catch target (ACT), 

total allowable landings (TAL), and a 

coastwide commercial quota, with each 

fishing year running from May 1 

through April 30. Under the authority of 

section 305(c) of the Magnuson-Stevens 

Fishery Conservation and Management 

Act (Magnuson-Stevens Act), NMFS 

issued a temporary emergency rule to 

implement spiny dogfish specifications 

for the first 6 months of the 2024 fishing 

year on May 22, 2024 (89 FR 44924), 

and took public comment on the 

emergency rule through June 21, 2024. 

The Federal Register notification on the 

emergency rule (89 FR 44926) indicated 

that ‘‘[a]fter considering public 

comments on this rule, NMFS may 

extend the interim measures for one 

additional period of not more than 186 

days to maintain these measures for the 

remainder of the 2024 fishing year.’’ The 

emergency rule set the ABC equal to the 

overfishing limit (OFL) of 7,818 mt 

(17.24 million lb), used the Monitoring 

Committee’s recommended model-based 

values for discards, and accounted for 

expected recreational landings, resulting 

in a commercial quota of 5,140 mt 

(11.33 million lb). 

The Mid-Atlantic and New England 

Fishery Management Councils 

(Councils) jointly manage the Atlantic 

Spiny Dogfish FMP, with the MidAtlantic Council acting as the 

administrative lead. NMFS was unable 

to approve the Councils’ recommended 

2024 specifications because they relied 

on a discard estimate that violated 

National Standard 2, which requires 

management measures to be based on 

the best available science. 

Given significant concerns raised by 

the fishing industry about the risk to the 

associated fishing communities if the 


ddrumheller on DSK120RN23PROD with RULES1