Federal Register / Vol. 79, No. 190 / Wednesday, October 1, 2014 / Rules and Regulations 59137 

paragraph (b)(3), benefits are not an 

integral part of a group health plan 

(whether the benefits are provided 

through the same plan, a separate plan, 

or as the only plan offered to 

participants) if either paragraph 

(b)(3)(ii)(A) or (B) are satisfied. 

(A) Participants may decline coverage. 

For example, a participant may decline 

coverage if the participant can opt out 

of the coverage upon request, whether 

or not there is a participant contribution 

required for the coverage. 

(B) Claims for the benefits are 

administered under a contract separate 

from claims administration for any other 

benefits under the plan. 

* * * * * 

(vi) Employee assistance programs. 

Benefits provided under employee 

assistance programs are excepted if they 

satisfy all of the requirements of this 

paragraph (b)(3)(vi). 

(A) The program does not provide 

significant benefits in the nature of 

medical care. For this purpose, the 

amount, scope and duration of covered 

services are taken into account. 

(B) The benefits under the employee 

assistance program are not coordinated 

with benefits under another group 

health plan, as follows: 

(1) Participants in the other group 

health plan must not be required to use 

and exhaust benefits under the 

employee assistance program (making 

the employee assistance program a 

gatekeeper) before an individual is 

eligible for benefits under the other 

group health plan; and 

(2) Participant eligibility for benefits 

under the employee assistance program 

must not be dependent on participation 

in another group health plan. 

(C) No employee premiums or 

contributions are required as a 

condition of participation in the 

employee assistance program. 

(D) There is no cost sharing under the 

employee assistance program. 

* * * * * 

[FR Doc. 2014–23323 Filed 9–26–14; 4:15 pm] 

BILLING CODE 4150–28–P; 4830–01–P; 4510–29–P] 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

45 CFR Parts 147 and 155 

[CMS–9949–F2] 

RIN 0938–AS02 

Patient Protection and Affordable Care 

Act; Exchange and Insurance Market 

Standards for 2015 and Beyond; 

Correcting Amendment 

AGENCY: Centers for Medicare & 

Medicaid Services (CMS), HHS. 

ACTION: Final rule; correcting 

amendment. 

SUMMARY: In the May 27, 2014 issue of 

the Federal Register (79 FR 30240), we 

published a final rule which addressed 

various requirements applicable to 

health insurance issuers, Affordable 

Insurance Exchanges (‘‘Exchanges’’), 

Navigators, non-Navigator assistance 

personnel, and other entities under the 

Patient Protection and Affordable Care 

Act and the Health Care and Education 

Reconciliation Act of 2010 (collectively 

referred to as the Affordable Care Act). 

The effective date of the rule was July 

28, 2014, except for amendments to 45 

CFR 155.705, which were effective May 

27, 2014. This correcting amendment 

corrects a limited number of technical 

and typographical errors identified in 

the ‘‘Patient Protection and Affordable 

Care Act; Exchange and Insurance 

Market Standards for 2015 and Beyond’’ 

final rule. 

DATES: Effective Date: This correcting 

amendment is effective on October 1, 

2014. 

FOR FURTHER INFORMATION CONTACT: 

Jacob Ackerman, (301) 492–4179. 

SUPPLEMENTARY INFORMATION: 

I. Background 

The Patient Protection and Affordable 

Care Act; Exchange and Insurance 

Market Standards for 2015 and Beyond 

final rule (the ‘‘Final Rule’’), which 

appeared in the May 27, 2014 Federal 

Register (79 FR 30240), contained a 

number of technical and typographical 

errors. Therefore, on July 24, 2014, we 

published a correction notice in the 

Federal Register (79 FR 42984), to 

correct some of those errors. The 

provisions of the correction notice were 

effective as if they had been included in 

the May 27, 2014 final rule. 

Accordingly, those corrections were 

effective July 28, 2014. 

We have identified additional 

technical and typographical errors that 

appeared in the May 27, 2014 Federal 

Register. Therefore, we are publishing 

an additional correcting document to 

correct these errors. The provisions of 

this correcting document are effective 

October 1, 2014. 

II. Summary of Errors in the 

Regulations Text 

On page 30339, we amended the 

structure of § 147.104(b)(1)(i), removed 

duplicate regulatory text regarding the 

Small Business Health Options Program 

(SHOP), and made other minor 

revisions. However, when amending 

paragraph (b)(1)(i)(B) to remove 

duplicate regulatory text, we 

inadvertently cross referenced the 

incorrect regulatory section. The 

regulation should have referenced the 

SHOP group participation rules at 

§ 156.285(e), not § 156.1250(c). We are 

correcting this error in this correcting 

document. 

On page 30348, at § 155.420, we 

added a new paragraph (b)(2)(iv) to 

establish coverage effective dates for 

plan selections made during a special 

enrollment period, clarifying a 

consumer’s ability to select a plan 60 

days before and after a loss of coverage. 

However, we inadvertently omitted the 

amendatory instruction in the 

regulations text for adding this 

paragraph. As a result, this paragraph 

was published in the May 27, 2014 

Federal Register but was not codified in 

the Code of Federal Regulations. We 

also published a subsequent correction 

notice amending language to this 

paragraph on July 24, 2014 (79 FR 

42984). However, because the original 

text had not been codified, the change 

to this paragraph could not be codified. 

We are correcting this oversight. 

Specifically, we are adding a new 

(b)(2)(iv), which reflects the original 

language we intended to codify in the 

Federal Register as would have been 

modified by the July 24, 2014 correction 

notice. 

On page 30350, at § 155.705(b)(3), we 

describe options with respect to 

employee choice requirements in the 

Small Business Health Options Program 

(SHOP). We are removing the comma 

after the word ‘‘may’’ in 

§ 155.705(b)(3)(vi) to read, ‘‘For plan 

years beginning in 2015 only, the SHOP 

may elect. . . .’’ This was a 

typographical error that should be made 

for grammatical correctness. 

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)), and section 


wreier-aviles on DSK5TPTVN1PROD with RULES
59138 Federal Register / Vol. 79, No. 190 / Wednesday, October 1, 2014 / Rules and Regulations 

553(d) of the APA ordinarily requires a 

30-day delay in the effective date of 

final rules after the date of their 

publication in the Federal Register. 

These requirements may be waived 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. 

This correcting document merely 

corrects technical and typographical 

errors in the ‘‘Exchange and Insurance 

Market Standards for 2015 and Beyond’’ 

final rule that was published on May 27, 

2014 and which became effective on 

July 28, 2014, except for amendments to 

45 CFR 155.705, which became effective 

on May 27, 2014. The changes are not 

substantive. Therefore, we believe that 

undertaking further notice and comment 

procedures to incorporate these 

corrections and delaying the effective 

date of these changes is unnecessary. In 

addition, we believe it is important for 

the public to have the correct 

information as soon as possible, and 

believe it is contrary to the public 

interest to delay the dissemination of it. 

For the reasons stated above, we find 

there is good cause to waive notice and 

comment procedures and the 30-day 

delay in the effective date for this 

correcting amendment. 

List of Subjects 

45 CFR Part 147 

Health care, Health insurance, 

Reporting and recordkeeping 

requirements, State regulation of health 

insurance. 

45 CFR Part 155 

Administrative practice and 

procedure, Health care access, Health 

insurance, Reporting and recordkeeping 

requirements, State and local 

governments, Cost-sharing reductions, 

Advance payments of premium tax 

credit, Administration and calculation 

of advance payments of the premium 

tax credit, Plan variations, Actuarial 

value. 

IV. Corrections of Errors in the 

Regulations Text 

For the reasons set forth in the 

preamble, the Department of Health and 

Human Services amends 45 CFR parts 

147 and 155 as set forth below: 

PART 147—HEALTH INSURANCE 

REFORM REQUIREMENTS FOR THE 

GROUP AND INDIVIDUAL HEALTH 

INSURANCE MARKETS 

■ 1. The authority citation for part 147 

continues to read as follows: 

Authority: Secs 2701 through 2763, 2791, 

and 2792 of the Public Health Service Act (42 

USC 300gg through 300gg–63, 300gg–91, and 

300gg–92), as amended. 

§ 147.104 [Amended] 

■ 2. In § 147.104(b)(1)(i)(B), the cross 

reference ‘‘§ 156.1250(c)’’ is removed 

and ‘‘§ 156.285(e)’’ is added in its place. 

PART 155—EXCHANGE 

ESTABLISHMENT STANDARDS AND 

OTHER RELATED STANDARDS 

UNDER THE AFFORDABLE CARE ACT 

■ 3. The authority citation for part 155 

continues to read as follows: 

Authority: Title I of the Affordable Care 

Act, sections 1301, 1302, 1303, 1304, 1311, 

1312, 1313, 1321, 1322, 1331, 1332, 1334, 

1402, 1411, 1412, 1413, Pub. L. 111–148, 124 

Stat. 119 (42 U.S.C. 18021–18024, 18031– 

18033, 18041–18042, 18051, 18054, 18071, 

and 18081–18083). 

■ 4. Section 155.420 is amended by 

adding paragraph (b)(2)(iv) to read as 

follows: 

§ 155.420 Special enrollment periods. 

* * * * * 

(b) * * * 

(2) * * * 

(iv) In a case where a consumer loses 

coverage as described in paragraph 

(d)(1) or (d)(6)(iii) of this section, if the 

plan selection is made before or on the 

day of the loss of coverage, the 

Exchange must ensure that the coverage 

effective date is on the first day of the 

month following the loss of coverage. If 

the plan selection is made after the loss 

of coverage, the Exchange must ensure 

that coverage is effective in accordance 

with paragraph (b)(1) of this section or 

on the first day of the month following 

plan selection, at the option of the 

Exchange; 

* * * * * 

§ 155.705 [Amended] 

■ 5. Section 155.705 is amended by 

removing the comma after the word 

‘‘may’’ in paragraph (b)(3)(vi). 

C’Reda Weeden, 

Executive Secretary to the Department, 

Department of Health and Human Services. 

FR Doc. 2014–23381 Filed 9–30–14; 8:45 am] 

BILLING CODE 4120–01–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 27 

[GN Docket No. 13–185; FCC 14–31] 

Commercial Operations in the 1695– 

1710 MHz, 1755–1780 MHz, and 2155– 

2180 MHz Bands 

AGENCY: Federal Communications 

Commission. 

ACTION: Correcting amendments. 

SUMMARY: The Federal Communications 

Commission published a rule document 

in the Federal Register on June 4, 2014, 

revising Commission rules. That 

document inadvertently removed 

certain paragraphs. This document 

corrects the final regulations by 

restoring the paragraphs. 

DATES: October 1, 2014. 

FOR FURTHER INFORMATION CONTACT: 

Peter Daronco, Broadband Division, 

Wireless Telecommunications Bureau, 

at (202) 418–7235 or 

Peter.Daronco@fcc.gov. 

SUPPLEMENTARY INFORMATION: The 

Federal Communications Commission 

published a rule document in the 

Federal Register on June 4, 2014, (79 FR 

32366), FCC 14–31, which inadvertently 

removed § 27.50(d)(5) through (10). This 

document corrects the final regulations 

by restoring paragraphs (d)(5) through 

(10) to § 27.50. 

List of Subjects in 47 CFR Part 27 

Communications common carriers, 

Radio. 

Accordingly, 47 CFR part 27 is 

amended by making the following 

correcting amendment: 

PART 27—MISCELLANEOUS 

WIRELESS COMMUNICATIONS 

SERVICES 

■ 1. The authority citation for part 27 

continues to read as follows: 

Authority: 47 U.S.C. 154, 301, 302a, 303, 

307, 309, 332, 336, 337, 1403, 1404, and 1451 

unless otherwise noted. 

■ 2. Section 27.50 is amended by adding 

paragraphs (d)(5) through (10) to read as 

follows: 

§ 27.50 Power limits and duty cycle. 

* * * * * 

(d) * * * 

(5) Equipment employed must be 

authorized in accordance with the 

provisions of § 24.51. Power 

measurements for transmissions by 

stations authorized under this section 

may be made either in accordance with 

a Commission-approved average power 


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