Federal Register / Vol. 89, No. 208 / Monday, October 28, 2024 / Rules and Regulations 85431 

DEPARTMENT OF THE TREASURY 

31 CFR Part 33 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Centers for Medicare & Medicaid 

Services 

42 CFR Parts 435 and 600 

Office of the Secretary 

45 CFR Parts 153, 155, and 156 

[CMS–9895–F2] 

RIN–0938–AV22 

Patient Protection and Affordable Care 

Act, HHS Notice of Benefit and 

Payment Parameters for 2025; 

Updating Section 1332 Waiver Public 

Notice Procedures; Medicaid; 

Consumer Operated and Oriented Plan 

(CO–OP) Program; and Basic Health 

Program; Correcting Amendment 

AGENCY: Centers for Medicare & 

Medicaid Services (CMS), HHS. 

ACTION: Correcting amendment. 

SUMMARY: This document corrects 

technical and typographical errors in 

the final rule that appeared in the April 

15, 2024 issue of the Federal Register 

entitled, ‘‘Patient Protection and 

Affordable Care Act, HHS Notice of 

Benefit and Payment Parameters for 

2025; Updating Section 1332 Waiver 

Public Notice Procedures; Medicaid; 

Consumer Operated and Oriented Plan 

(CO–OP) Program; and Basic Health 

Program.’’ The effective date of the final 

rule was June 4, 2024. 

DATES: Effective October 28, 2024 and 

applicable beginning June 4, 2024. 

FOR FURTHER INFORMATION CONTACT: 

Dolma Tsering, (301) 448–3925. 

SUPPLEMENTARY INFORMATION: 

I. Background 

In FR Doc. 2024–07274 of April 15, 

2024 (89 FR 26218), the final rule 

entitled ‘‘Patient Protection and 

Affordable Care Act, HHS Notice of 

Benefit and Payment Parameters for 

2025; Updating Section 1332 Waiver 

Public Notice Procedures; Medicaid; 

Consumer Operated and Oriented Plan 

(CO–OP) Program; and Basic Health 

Program’’ (hereinafter referred to as the 

2025 Payment Notice), there were 

technical errors that are identified and 

corrected in the regulations text of this 

correcting amendment. The provisions 

of this correcting amendment are 

effective October 28, 2024 and are 

applicable beginning June 4, 2024. 

II. Summary of Errors in the Regulation 

Text 

On page 26424, in the amendatory 

instruction for § 156.111, we 

inadvertently noted changes to 

paragraph (b)(2) and not specifically 

paragraphs (b)(2)(i) and (ii). Therefore, 

paragraphs (b)(2)(iii) through (v) were 

inadvertently deleted. 

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 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. 

Our policy on streamlining the 

process for States to update their 

Essential Health Benefits (EHB) 

benchmark plans in the 2025 Payment 

Notice has previously been subjected to 

notice and comment procedures. This 

correcting amendment is consistent 

with the discussion of this policy in the 

2025 Payment Notice and does not make 

substantive changes to this policy. 

Instead this correcting amendment 

merely corrects technical errors, 

specifically an unintended deletion, in 

the regulations text caused by an error 

in the amendatory instructions of the 

2025 Payment Notice. As a result, this 

correcting amendment is intended to 

ensure that the 2025 Payment Notice 

accurately reflects the policy adopted in 

the final rule, which did not otherwise 

indicate any intention to delete the 

regulations text that was unintentionally 

deleted. Therefore, we find that 

undertaking further notice and comment 

procedures to incorporate these 

corrections into the final rule is 

unnecessary and contrary to the public 

interest. 

For the same reasons, we are also 

waiving the 30-day delay in effective 

date for this correcting amendment. We 

believe that it is in the public interest 

to ensure that the regulations text 

accurately reflects the policy set forth in 

the 2025 Payment Notice streamlining 

the process for States to update their 

EHB-benchmark plans. Thus, delaying 

the effective date of this correcting 

amendment would be contrary to the 

public interest. Therefore, we also find 

good cause to waive the 30-day delay in 

effective date. 

List of Subjects in 45 CFR Part 156 

Administrative practice and 

procedure, Advertising, Advisory 

committees, Brokers, Conflict of 

interests, Consumer protection, Grant 

programs—health, Grants 

administration, Health care, Health 

insurance, Health maintenance 

organization (HMO), Health records, 

Hospitals, Indians, Individuals with 

disabilities, Loan programs—health, 

Medicaid, Organization and functions 

(Government agencies), Public 

assistance programs, Reporting and 

recordkeeping requirements, State and 

local governments, Sunshine Act, 

Technical assistance, Women, Youth. 

For the reasons set forth in the 

preamble, HHS corrects 45 CFR part 156 

by making the following correcting 

amendments: 

PART 156—HEALTH INSURANCE 

ISSUER STANDARDS UNDER THE 

AFFORDABLE CARE ACT, INCLUDING 

STANDARDS RELATED TO 

EXCHANGES 

■ 1. The authority citation for part 156 

continues to read as follows: 

Authority: 42 U.S.C. 18021–18024, 18031– 

18032, 18041–18042, 18044, 18054, 18061, 

18063, 18071, 18082, and 26 U.S.C. 36B. 

■ 2. Section 156.111 is amended by 

adding paragraphs (b)(2)(iii) through (v) 

to read as follows: 

§ 156.111 State selection of EHBbenchmark plan for plan years beginning 

on or after January 1, 2020. 

* * * * * 

(b) * * * 

(2) * * * 

(iii) Not have benefits unduly 

weighted towards any of the categories 

of benefits at § 156.110(a); 

(iv) Provide benefits for diverse 

segments of the population, including 

women, children, persons with 

disabilities, and other groups; and 

(v) Not include discriminatory benefit 

designs that contravene the nonVerDate Sep<11>2014 15:57 Oct 25, 2024 Jkt 265001 PO 00000 Frm 00009 Fmt 4700 Sfmt 4700 E:\FR\FM\28OCR1.SGM 28OCR1

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85432 Federal Register / Vol. 89, No. 208 / Monday, October 28, 2024 / Rules and Regulations 

discrimination standards defined in 

§ 156.125. 

* * * * * 

Elizabeth J. Gramling, 

Executive Secretary to the Department, 

Department of Health and Human Services. 

[FR Doc. 2024–24910 Filed 10–25–24; 8:45 am] 

BILLING CODE 4120–01–M 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2024–0391] 

RIN 1625–AA00 

Safety Zone; Choctawhatchee Bay, FL 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone for 

certain navigable waters of the 

Choctawhatchee Bay where unexploded 

ordnances were discovered and a 

moving safety zone around vessels 

relocating any unexploded ordnance 

from Choctawhatchee Bay to the 

disposal location. The safety zones are 

needed to protect mariners from the 

hazards associated with unexploded 

ordnance clearance operations. Entry of 

vessels or persons into this zone is 

prohibited unless specifically 

authorized by the Captain of the Port 

Sector Mobile (COTP), or a designated 

representative. 

DATES: This rule is effective without 

actual notice from October 28, 2024 

through 11:59 p.m. on December 31, 

2024. For the purposes of enforcement, 

actual notice will be used from 1 p.m. 

on October 22, 2024, until October 28, 

2024. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to https://

www.regulations.gov, type USCG–2024– 

0391 in the search box and click 

‘‘Search.’’ Next, in the Document Type 

column, select ‘‘Supporting & Related 

Material.’’ 

FOR FURTHER INFORMATION CONTACT: If 

you have questions about this rule, call 

or email MSTC Stacy Stevenson, 

Waterways Management Division, U.S. 

Coast Guard; telephone 251–382–8653, 

email Sectormobilewaterways@uscg.mil. 

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations 

CFR Code of Federal Regulations 

DHS Department of Homeland Security 

FR Federal Register 

NPRM Notice of proposed rulemaking 

§ Section 

U.S.C. United States Code 

II. Background Information and 

Regulatory History 

The Coast Guard is issuing this 

temporary final rule under authority in 

5 U.S.C. 553(b)(B). This statutory 

provision authorizes an agency to issue 

a rule without prior notice and 

opportunity to comment when the 

agency for good cause finds that those 

procedures are ‘‘impracticable, 

unnecessary, or contrary to the public 

interest.’’ The Coast Guard finds that 

good cause exists for not publishing a 

notice of proposed rulemaking (NPRM) 

with respect to this rule because it is 

impracticable and contrary to public 

interest. It is impracticable to publish an 

NPRM because we must establish this 

safety zone by October 22, 2024, and 

lack sufficient time to provide a 

reasonable comment period and then 

consider those comments before issuing 

the rule. Publishing an NPRM is 

contrary to public interest because 

immediate action is needed to protect 

people and property on the waterway 

from potential hazards associated with 

unexploded ordnance operations. 

Also, under 5 U.S.C. 553(d)(3), the 

Coast Guard finds that good cause exists 

for making this rule effective less than 

30 days after publication in the Federal 

Register. Delaying the effective date of 

this rule is contrary to public interest 

because it would delay the safety 

measures necessary to respond to 

potential safety hazards associated with 

the unexploded ordnance operations. 

III. Legal Authority and Need for Rule 

The Coast Guard is issuing this rule 

under authority in 46 U.S.C. 70034. The 

Captain of the Port Sector Mobile 

(COTP) has determined that the safety 

zones are necessary for the protection of 

persons and vessels from potential 

hazards associated with the unexploded 

ordnance operations. 

IV. Discussion of the Rule 

The Coast Guard is establishing a 

temporary safety zone on certain 

navigable waters of the Choctawhatchee 

Bay within a 5,000 foot radius of 

approximate position 30°25′38.1′′ N, 

86°33′32.5′′ W, and a moving safety zone 

within a 600 yard radius from any 

vessel involved with relocating the 

unexploded ordnance upon leaving the 

area where the ordnance was discovered 

until it is safely positioned in the 

disposal location. The safety zones will 

be enforced from 1 p.m. on October 22, 

2024, until 11:59 p.m. on December 31, 

2024. The duration of the zone is 

intended to protect personnel, vessels, 

and ensure maritime safety and security 

in these navigable waters during 

unexploded ordnance clearing 

operations. No vessel or person will be 

permitted to enter the safety zones 

without obtaining permission from the 

COTP or a designated representative. 

V. Regulatory Analyses 

We developed this rule after 

considering numerous statutes and 

Executive orders related to rulemaking. 

Below we summarize our analyses 

based on a number of these statutes and 

Executive orders, and we discuss First 

Amendment rights of protestors. 

A. Regulatory Planning and Review 

Executive Orders 12866 and 13563 

direct agencies to assess the costs and 

benefits of available regulatory 

alternatives and, if regulation is 

necessary, to select regulatory 

approaches that maximize net benefits. 

This rule has not been designated a 

‘‘significant regulatory action,’’ under 

section 3(f) of Executive Order 12866, as 

amended by Executive Order 14094 

(Modernizing Regulatory Review). 

Accordingly, this rule has not been 

reviewed by the Office of Management 

and Budget (OMB). 

This regulatory action determination 

is based on the size, location, duration, 

and time-of-day of the safety zone. This 

stationary safety zone will be enforced 

for approximately 11 weeks or less and 

prohibit vessel movement on a portion 

of the Choctawhatchee Bay and a 

moving safety zone around relocating 

unexploded ordnances to the disposal 

location. Moreover, the Coast Guard will 

issue on scene actual notice via VHF– 

FM marine channel 16 about the zone, 

and the rule allows vessels to seek 

permission to enter the zone. 

B. Impact on Small Entities 

The Regulatory Flexibility Act of 

1980, 5 U.S.C. 601–612, as amended, 

requires Federal agencies to consider 

the potential impact of regulations on 

small entities during rulemaking. The 

term ‘‘small entities’’ comprises small 

businesses, not-for-profit organizations 

that are independently owned and 

operated and are not dominant in their 

fields, and governmental jurisdictions 

with populations of less than 50,000. 

The Coast Guard certifies under 5 U.S.C. 

605(b) that this rule will not have a 

significant economic impact on a 

substantial number of small entities. 

While some owners or operators of 

vessels intending to transit the safety 

zone may be small entities, for the 


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