106362 Federal Register / Vol. 89, No. 249 / Monday, December 30, 2024 / Rules and Regulations 

environmental justice (EJ) concerns to 

the greatest extent practicable and 

permitted by law. Executive Order 

14096 (Revitalizing Our Nation’s 

Commitment to Environmental Justice 

for All, 88 FR 25251, April 26, 2023) 

builds on and supplements E.O. 12898 

and defines EJ as, among other things, 

the just treatment and meaningful 

involvement of all people, regardless of 

income, race, color, national origin, 

Tribal affiliation, or disability in agency 

decision-making and other Federal 

activities that affect human health and 

the environment.’’ 

Ohio EPA did not evaluate EJ 

considerations as part of its program 

submittal; the CAA and applicable 

implementing regulations neither 

prohibit nor require such an evaluation. 

EPA did not perform an EJ analysis and 

did not consider EJ in this action. 

Consideration of EJ is not required as 

part of this action, and there is no 

information in the record inconsistent 

with the stated goal of E.O. 12898/14096 

of achieving EJ for communities with EJ 

concerns. 

K. Congressional Review Act 

This action is subject to the 

Congressional Review Act, and EPA will 

submit a rule report to each House of 

the Congress and to the Comptroller 

General of the United States. This action 

is not a ‘‘major rule’’ as defined by 5 

U.S.C. 804(2). 

L. Judicial Review 

Under section 307(b)(1) of the CAA, 

petitions for judicial review of this 

action must be filed in the United States 

Court of Appeals for the appropriate 

circuit by February 28, 2025. Filing a 

petition for reconsideration by the 

Administrator of this final rule does not 

affect the finality of this rule for the 

purposes of judicial review nor does it 

extend the time within which a petition 

for judicial review may be filed, and 

shall not postpone the effectiveness of 

such rule or action. This action may not 

be challenged later in proceedings to 

enforce its requirements. See section 

307(b)(2). 

List of Subjects in 40 CFR Part 70 

Environmental protection, Air 

pollution control, Intergovernmental 

relations, Reporting and recordkeeping 

requirements. 

Dated: December 19, 2024. 

Debra Shore, 

Regional Administrator, Region 5. 

For the reasons stated in the 

preamble, title 40 CFR part 70 is 

amended as follows: 

PART 70—[AMENDED] 

■ 1. The authority citation for part 70 

continues to read as follows: 

Authority: 42 U.S.C. 7401 et seq. 

■ 2. Appendix A to part 70 is amended 

under ‘‘Ohio’’ by adding paragraph (f) to 

read as follows: 

Appendix A to Part 70—Approval 

Status of State and Local Operating 

Permits Programs. 

* * * * * 

Ohio 

* * * * * 

(f) The Ohio Environmental Protection 

Agency submitted an operating permits 

program amendment on June 11, 2024. This 

submittal included revisions to the definition 

of hazardous air pollutants and requirements 

for a permit statement of basis. The state is 

hereby granted approval effective February 

28, 2025. 

* * * * * 

[FR Doc. 2024–30739 Filed 12–27–24; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Centers for Medicare & Medicaid 

Services 

42 CFR Part 405 

[CMS–4204–F2 & CMS–4174–F2] 

RINs 0938–AV16 and 0938–AT27 

Medicare Program: Appeal Rights for 

Certain Changes in Patient Status and 

Changes to the Medicare Claims and 

Medicare Prescription Drug Coverage 

Determination Appeals Procedures; 

Correcting Amendment 

AGENCY: Centers for Medicare & 

Medicaid Services (CMS), Department 

of Health and Human Services (HHS). 

ACTION: Final rules; correcting 

amendment. 

SUMMARY: This document corrects 

technical errors in the final rule that 

appeared in the October 15, 2024, 

Federal Register titled ‘‘Medicare 

Program: Appeal Rights for Certain 

Changes in Patient Status.’’ It also 

corrects technical errors in the final rule 

that appeared in the May 7, 2019, 

Federal Register titled ‘‘Medicare 

Program; Changes to the Medicare 

Claims and Medicare Prescription Drug 

Coverage Determination Appeals 

Procedures.’’ 

DATES: This correcting amendment is 

effective December 30, 2024. 

FOR FURTHER INFORMATION CONTACT: 

Kristy Nishimoto, (206) 615–2367. 

SUPPLEMENTARY INFORMATION: 

I. Background 

In FR Doc. 2024–23195 of October 15, 

2024 (89 FR 83240), the final rule titled 

‘‘Medicare Program: Appeal Rights for 

Certain Changes in Patient Status,’’ 

there were technical errors associated 

with the regulations text that are 

identified and corrected in this 

correcting amendment. 

In FR Doc. 2019–09114 of May 7, 

2019 (84 FR 19855), the final rule titled 

‘‘Medicare Program; Changes to the 

Medicare Claims and Medicare 

Prescription Drug Coverage 

Determination Appeals Procedures,’’ 

there was a technical error associated 

with the regulation text that is identified 

and corrected in this correcting 

amendment. 

II. Summary of Errors 

For the October 15, 2024, final rule, 

we are making the following 

corrections: 

• In §§ 405.932(i)(1), 405.936(d)(1), 

and 405.1210(b)(3), we are correcting 

errors in paragraph numbering. 

• In § 405.934(c)(4)(viii), we are 

correcting a grammatical error in the use 

of the word ‘‘party.’’ 

For the May 7, 2019, final rule, in 

§ 405.1014(a)(1)(i), we are removing the 

term ‘‘health’’ in the phrase ‘‘Medicare 

health number’’ because the word 

‘‘health’’ is not necessary to describe an 

individual’s Medicare number. ‘‘Health’’ 

was inadvertently included in the 

regulation text and we are deleting the 

unnecessary term to avoid confusion. 

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 usually 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 generally requires 

the agency to give interested parties the 

opportunity to participate in the 

rulemaking through public comment 

before a final rule is issued. Section 

1871(b)(1) of the Social Security Act 

(the Act) also generally 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 rules to 


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Federal Register / Vol. 89, No. 249 / Monday, December 30, 2024 / Rules and Regulations 106363 

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 Act usually require 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, however, 

provide for exceptions from the notice 

and comment and delay in effective date 

APA requirements in some limited 

situations. 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 advanced 

public 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 certain 

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, both 

section 553(d)(3) of the APA and section 

1871(e)(1)(B)(ii) of the Act allow the 

agency to waive the normal 30-day 

delay in effective date where there is 

good cause or the delay in the effective 

date would be contrary to the public 

interest and the agency includes an 

appropriate finding to support the rule 

becoming effective sooner. 

We find there is good cause to issue 

this technical correction final rule 

without seeking advanced public 

comments based on the ‘‘unnecessary’’ 

prong of the good cause exception 

allowed under section 553(b)(B) of the 

APA and which is also expressly 

incorporated by cross-reference in 

section 1871(b)(2)(C) of the Act. The 

corrections in this document are 

insignificant or technical in nature and 

impact and will largely be 

inconsequential to the public. CMS 

periodically issues correction notices to 

implement non-substantive edits to 

previously finalized rules. The nonsubstantive corrections described herein 

do not require regulated parties to adjust 

their behavior, and therefore are of little 

impact or consequence for the public. 

This correcting amendment simply 

corrects paragraph numbering and 

technical errors in the regulatory text of 

the aforementioned final rules but does 

not make substantive changes to the 

policies that were adopted in those final 

rules. As a result, this correcting 

amendment is intended to ensure that 

the regulations at §§ 405.932, 405.934, 

405.936, 405.1014, and 405.1210 

accurately reflect the policies adopted 

in the final rules. 

Undertaking further notice and 

comment procedures to incorporate the 

regulatory text corrections in this 

document into the final rules or 

delaying the effective date would be 

unnecessary, as we are not altering our 

policies or regulatory changes, but 

rather, we are simply correcting 

paragraph numbering and technical 

errors that do not affect the 

requirements that we previously 

proposed, requested comment on, and 

subsequently finalized. This final rule 

correcting amendment is intended 

solely to ensure that the final rules and 

the Code of Federal Regulations (CFR) 

accurately reflect policies and 

regulatory changes that have been 

adopted through rulemaking. 

Additionally, we find there is good 

cause to waive the normal 30-day delay 

in effective date for this technical 

correction final rule under section 

553(d)(3) of the APA. The purpose of 

the 30-day delay in effective date under 

section 553(d) of the APA is to ‘‘give 

affected parties a reasonable time to 

adjust their behavior before the final 

rule takes effect.’’ Omnipoint Corp. v. 

FCC, 78 F.3d 620, 630 (D.C. Cir. 1996). 

These non-substantive, technical 

corrections do not make changes that 

would require the public to adjust their 

behavior in any manner, rendering a 

delayed effective date unnecessary. We 

also note that the requirement for a 30- 

day delay in effective date under section 

1871(e)(1)(B)(i) of the Act applies only 

to substantive changes; because the 

corrections described herein are nonsubstantive, the requirements of section 

1871(e)(1)(B)(i) of the Act are 

inapplicable. Even if the changes could 

be construed as substantive, we find 

that additional delay would be contrary 

to the public interest under section 

1871(e)(1)(B)(ii) of the Act. We believe 

there is no need for the public to 

prepare for the nonsubstantive, 

technical corrections in this rule as they 

are merely correcting errors in form and 

designation in the regulation text 

specified in the previous final rules. 

Moreover, since we have announced 

that we are targeting January 1, 2025 for 

implementation of the retrospective 

appeals procedures in §§ 405.931 

through 405.938, a 30-day delay in the 

effective date for these non-substantive, 

technical corrections could cause undue 

hardship for eligible parties who are 

preparing to exercise their right 

immediately once the appeal process is 

implemented and who may be entitled 

to financial relief following a favorable 

appeal. 

Therefore, for the reasons state 

previously, we find good cause to waive 

the notice and comment and effective 

date requirements. 

List of Subjects in 42 CFR Part 405 

Administrative practice and 

procedure, Diseases, Health facilities, 

Health professions, Medical devices, 

Medicare, Reporting and recordkeeping 

requirements, Rural areas, X-rays. 

For the reasons set forth in the 

preamble, the Centers for Medicare & 

Medicaid Services corrects 42 CFR part 

405 by making the following correcting 

amendments: 

PART 405—FEDERAL HEALTH 

INSURANCE FOR THE AGED AND 

DISABLED 

■ 1. The authority citation for part 405 

continues to read as follows: 

Authority: 42 U.S.C. 263a, 405(a), 1302, 

1320b-12, 1395x, 1395y(a), 1395ff, 1395hh, 

1395kk, 1395rr, and 1395ww(k). 

§ 405.932 [Amended] 

■ 2. Section 405.932 is amended by 

redesignating paragraphs (i)(1)(A) and 

(B) as paragraphs (i)(1)(i) and (ii). 

§ 405.934 [Amended] 

■ 3. Section 405.934 is amended in 

paragraph (c)(4)(viii) by removing the 

phrase ‘‘an eligible parties’ right’’ and 

adding in its place the phrase ‘‘an 

eligible party’s right’’. 

■ 4. Section 405.936 is amended by 

revising paragraph (d)(1) to read as 

follows: 

§ 405.936 Hearings before an ALJ and 

decisions by an ALJ or Attorney 

Adjudicator. 

* * * * * 

(d) * * * 

(1)(i) If the ALJ or attorney adjudicator 

determines that the inpatient admission, 

and as applicable, eligible SNF services, 

satisfied the relevant criteria for Part A 

coverage at the time the services were 

furnished, then the ALJ or attorney 

adjudicator issues notice of the 

favorable decision to the eligible party 

(or the party’s representative). 

(ii) The ALJ or attorney adjudicator 

also notifies the hospital and SNF, as 

applicable, in the case of a favorable 

determination for Part A coverage. 

* * * * * 

■ 5. Section 405.1014 is amended by 

revising paragraph (a)(1)(i) to read as 

follows: 

§ 405.1014 Request for an ALJ hearing or 

a review of a QIC dismissal. 

(a) * * * 

(1) * * * 

(i) The name, address, and Medicare 

number of the beneficiary whose claim 

is being appealed, and the beneficiary’s 


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106364 Federal Register / Vol. 89, No. 249 / Monday, December 30, 2024 / Rules and Regulations 

telephone number if the beneficiary is 

the appealing party and not represented. 

* * * * * 

■ 6. Section 405.1210 is amended by 

adding paragraph (b)(3) to read as 

follows: 

§ 405.1210 Notifying eligible beneficiaries 

of appeal rights when a beneficiary is 

reclassified from an inpatient to an 

outpatient receiving observation services. 

* * * * * 

(b) * * * 

(3) When delivery of the notice is 

valid. Delivery of the written notice of 

appeal rights described in this section is 

valid if— 

(i) The eligible beneficiary (or the 

eligible beneficiary’s representative) has 

signed and dated the notice to indicate 

that he or she has received the notice 

and can comprehend its contents, 

except as provided in paragraph (b)(4) of 

this section; and 

(ii) The notice is delivered in 

accordance with paragraph (b)(1) of this 

section and contains all the elements 

described in paragraph (b)(2) of this 

section. 

* * * * * 

Elizabeth J. Gramling, 

Executive Secretary to the Department, 

Department of Health and Human Services. 

[FR Doc. 2024–31146 Filed 12–27–24; 8:45 am] 

BILLING CODE 4120–01–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Administration for Children and 

Families 

45 CFR Part 1355 

[Docket #2024–28072] 

RIN 0970–AC98 

Adoption and Foster Care Analysis 

and Reporting System; Correction 

AGENCY: Children’s Bureau (CB), 

Administration on Children, Youth and 

Families (ACYF), Administration for 

Children and Families (ACF), U.S. 

Department of Health and Human 

Services (HHS). 

ACTION: Final rule; correction. 

SUMMARY: ACF is correcting a final rule 

(FR) that was published in the Federal 

Register on December 5, 2024, with an 

effective date of February 3, 2025. This 

rule finalizes revisions to the Adoption 

and Foster Care Analysis and Reporting 

System (AFCARS) regulations proposed 

on February 23, 2024. This final rule 

requires state title IV–E agencies to 

collect and report to ACF additional 

data related to the Indian Child Welfare 

Act of 1978 (ICWA) for children in the 

AFCARS Out-of-Home Care Reporting 

Population. This correction provides 

that this final rule will be effective 30 

days after its publication in accordance 

with the Administrative Procedure Act. 

DATES: Effective January 4, 2025. 

FOR FURTHER INFORMATION CONTACT: Joe 

Bock, Children’s Bureau, (202) 205– 

8618. Telecommunications Relay users 

may dial 711 first. Email inquiries to 

cbcomments@acf.hhs.gov. 

SUPPLEMENTARY INFORMATION: In the 

final rule published December 5, 2024, 

there was one technical error that is 

now identified and corrected in this 

document. The provisions in this 

correction document are effective as if 

they had been included in the document 

published December 5, 2024. 

Accordingly, the following corrections 

are effective January 4, 2025. 

Corrections to Regulations 

In FR Doc. 2024–28072, appearing on 

page 96569 in the Federal Register of 

Thursday, December 5, 2024, the 

following correction is made: 

1. On page 96569, in the second 

column, correct the DATES section to 

read as follows:. 

DATES: This rule is effective on January 

4, 2025, except for the amendments to 

§ 1355.44 (amendatory instruction 3), 

which are effective October 1, 2028. 

Elizabeth J. Gramling, 

Executive Secretary, Department of Health 

and Human Services. 

[FR Doc. 2024–31238 Filed 12–26–24; 8:45 am] 

BILLING CODE P 

DEPARTMENT OF DEFENSE 

GENERAL SERVICES 

ADMINISTRATION 

NATIONAL AERONAUTICS AND 

SPACE ADMINISTRATION 

48 CFR Parts 1, 12, 22, 47, and 52 

[FAC 2025–02; FAR Case 2019–017, Item 

I; Docket No. FAR–2019–0017; Sequence 

No. 1] 

RIN 9000–AO00 

Federal Acquisition Regulation: 

Training To Prevent Human Trafficking 

for Certain Air Carriers; Correction 

AGENCY: Department of Defense (DoD), 

General Services Administration (GSA), 

and National Aeronautics and Space 

Administration (NASA). 

ACTION: Final rule. 

SUMMARY: DoD, GSA, and NASA are 

issuing a final rule amending the 

Federal Acquisition Regulation (FAR) to 

implement a section of the Frederick 

Douglass Trafficking Victims Prevention 

and Protection Reauthorization Act of 

2018, which requires that domestic 

carriers who contract with the Federal 

Government to provide air 

transportation must submit an annual 

report with certain information related 

to prevention of human trafficking. 

DATES: Effective January 3, 2025. 

FOR FURTHER INFORMATION CONTACT: For 

clarification of content, contact Ms. 

Malissa Jones, Procurement Analyst, at 

571–882–4687 or by email at 

malissa.jones@gsa.gov. For information 

pertaining to status or publication 

schedules contact the Regulatory 

Secretariat Division at 202–501–4755 or 

GSARegSec@gsa.gov. Please cite FAC 

2025–02, FAR Case 2019–017. 

SUPPLEMENTARY INFORMATION: DoD, GSA, 

and NASA are correcting an effective 

date in the preamble under the 

Discussion and Analysis section of the 

rule. 

In the FR Doc. 2024–29373, published 

in the Federal Register at 89 FR 101821 

in the issue of December 16, 2024, make 

the following correction: 

4. Retroactive Applicability [Corrected] 

On page 101822, in the second 

column, in paragraph 4., Response, 

correct the date ‘‘November 1, 2024’’, to 

read ‘‘January 3, 2025’’. 

William F. Clark, 

Director, Office of Government-wide 

Acquisition Policy, Office of Acquisition 

Policy, Office of Government-wide Policy. 

[FR Doc. 2024–30935 Filed 12–27–24; 8:45 am] 

BILLING CODE 6820–EP–P 

DEPARTMENT OF DEFENSE 

GENERAL SERVICES 

ADMINISTRATION 

NATIONAL AERONAUTICS AND 

SPACE ADMINISTRATION 

48 CFR Parts 4, 13, 39, 40, and 52 

[FAR Case 2024–002; Docket No. 2024– 

0002, Sequence No. 1] 

RIN 9000–AO70 

Federal Acquisition Regulation: 

Prohibition on Unmanned Aircraft 

Systems From Covered Foreign 

Entities 

AGENCY: Department of Defense (DoD), 

General Services Administration (GSA), 

and National Aeronautics and Space 

Administration (NASA). 


ddrumheller on DSK120RN23PROD with RULES1