Federal Register / Vol. 86, No. 128 / Thursday, July 8, 2021 / Rules and Regulations 36071 

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Michelle Asha Cooper, 

Acting Assistant Secretary for Postsecondary 

Education. 

[FR Doc. 2021–14359 Filed 7–7–21; 8:45 am] 

BILLING CODE 4000–01–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

45 CFR Part 155 

[CMS–9914–CN] 

RIN 0938–AU18 

Patient Protection and Affordable Care 

Act; HHS Notice of Benefit and 

Payment Parameters for 2022 and 

Pharmacy Benefit Manager Standards; 

Correction 

AGENCY: Centers for Medicare & 

Medicaid Services (CMS), Department 

of Health & Human Services (HHS). 

ACTION: Final rule; correction. 

SUMMARY: This document corrects 

technical errors in the final rule that 

appeared in the May 5, 2021, Federal 

Register entitled, ‘‘Patient Protection 

and Affordable Care Act; HHS Notice of 

Benefit and Payment Parameters for 

2022 and Pharmacy Benefit Manager 

Standards’’. 

DATES: This correction is effective on 

July 6, 2021. 

FOR FURTHER INFORMATION CONTACT: Jeff 

Wu, (301) 492–4305, Rogelyn McLean, 

(301) 492–4229, Grace Bristol, (410) 

786–8437, Kiahana Brooks, (301) 492– 

5229, or Sara Rosta, (301) 492–4223 for 

general information. 

SUPPLEMENTARY INFORMATION: 

I. Background 

In FR Doc. 2021–09102 of May 5, 

2021, the Patient Protection and 

Affordable Care Act; HHS Notice of 

Benefit and Payment Parameters for 

2022 and Pharmacy Benefit Manager 

Standards final rule (86 FR 24140), there 

were technical errors that are identified 

and corrected in the regulation text of 

this correcting document. The 

correction is effective on July 6, 2021, as 

this is the date that the relevant 

regulations contained in the Patient 

Protection and Affordable Care Act; 

HHS Notice of Benefit and Payment 

Parameters for 2022 and Pharmacy 

Benefit Manager Standards final rule 

take effect. 

II. Summary of Error in the Regulation 

Text 

On page 24289 of the Patient 

Protection and Affordable Care Act; 

HHS Notice of Benefit and Payment 

Parameters for 2022 and Pharmacy 

Benefit Manager Standards final rule, 

we made technical errors in amendatory 

instructions 27b and d for § 155.221. In 

these amendatory instructions, we 

inadvertently noted that we were: (1) 

Redesignating paragraphs (c) through (h) 

as paragraphs (d) through (i), 

respectively; and (2) amending newly 

redesignated paragraphs (g) introductory 

text, (g)(6) and (7), and (h) by removing 

the reference to ‘‘paragraph (e)’’ and 

adding in its place a reference to 

‘‘paragraph (f)’’. These amendatory 

instructions were duplicative of 

amendatory instructions 6a and c of the 

final rule that appeared in the January 

19, 2021 Federal Register, entitled 

‘‘Patient Protection and Affordable Care 

Act; HHS Notice of Benefit and Payment 

Parameters for 2022; Updates to State 

Innovation Waiver (Section 1332 

Waiver) Implementing Regulations’’ (86 

FR 6176). Therefore, in addition to 

amendatory instruction 27a, we should 

have only included the addition of 

paragraph (c) for changes to § 155.221 in 

the Patient Protection and Affordable 

Care Act; HHS Notice of Benefit and 

Payment Parameters for 2022 and 

Pharmacy Benefit Manager Standards 

final rule. Accordingly, we are revising 

amendatory instruction 27b to 

accurately reflect the addition of 

paragraph (c) and removing amendatory 

instructions 27c and d. 

III. Waiver of Proposed Rulemaking 

and Delay in Effective Date 

Under 5 U.S.C. 553(b) of the 

Administrative Procedure Act (the 

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. 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 APA notice and 

comment, and delay in effective date 

requirements. Section 553(b)(B) of the 

APA authorizes an agency to dispense 

with normal notice and comment 

rulemaking procedures for good cause if 

the agency makes a finding that the 

notice and comment process is 

impracticable, unnecessary, or contrary 

to the public interest, and includes a 

statement of the finding and the reasons 

for it in the rule. In addition, section 

553(d)(3) of the APA allows the agency 

to waive the 30-day delay in effective 

date where such delay is contrary to the 

public interest and the agency includes 

in the rule a statement of the finding 

and the reasons for it. 

This document merely corrects 

technical errors in the Patient Protection 

and Affordable Care Act; HHS Notice of 

Benefit and Payment Parameters for 

2022 and Pharmacy Benefit Manager 

Standards final rule that was published 

on May 5, 2021 for amendments that 

become effective on July 6, 2021. The 

corrections do not make substantive 

changes to the policies or standards set 

forth in the final rule. Therefore, we 

believe that undertaking further notice 

and comment procedures to incorporate 

these corrections and delay the effective 

date for these changes is unnecessary. In 

addition, we believe that 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 when they become 

effective. For these reasons, we believe 

there is good cause to waive the 

requirements for notice and comment 

and delay in effective date for this 

correction document. 

Correction 

In FR 2021–09102, appearing on page 

24140 in the Federal Register of 

Wednesday, May 5, 2021, the following 

correction is made: 

§ 155.221 [Corrected] 

■ On page 24289, in the first column, 

the text of instruction 27 for § 155.221 

is corrected to read as follows: 

■ 27. Section 155.221 is amended by 

revising paragraphs (b)(1), (3), and (4) 


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36072 Federal Register / Vol. 86, No. 128 / Thursday, July 8, 2021 / Rules and Regulations 

and adding paragraph (c) to read as 

follows: 

Karuna Seshasai, 

Executive Secretary to the Department, 

Department of Health and Human Services. 

[FR Doc. 2021–14545 Filed 7–2–21; 4:15 pm] 

BILLING CODE 4120–01–P 


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