Federal Register / Vol. 86, No. 146 / Tuesday, August 3, 2021 / Proposed Rules 41809 

concerns that such a list may not 

accurately reflect all employee benefits 

available to practitioners and would 

need frequent updates through the 

rulemaking process in order to remain 

relevant. The available benefits may 

vary between states and we would, 

again, defer to specific state laws and 

regulations as the basis for 

implementing the proposed rule. We are 

soliciting public comments on whether 

to codify a defined list of benefits that 

may be deducted from a provider’s 

payment and, on behalf of the provider, 

be made to third parties. We are also 

soliciting public comments on whether 

there are additional types of benefits 

that state Medicaid agencies make to 

third parties on behalf of a provider 

receiving benefits that were not 

contemplated in the examples described 

in this section. In particular, we are 

seeking comments on whether the 

described list of benefits is generally 

permissible and consistent with 

deductions or payments made by states 

on behalf of state employees, as well as 

examples of potential impermissible 

arrangements we may exclude from the 

final rule. Finally, we are requesting 

that commenters further explain why 

the benefits they provide as examples 

within their comments are permissible 

or impermissible under the proposed 

§ 447.10(i). As noted in the Overall 

Impact section, we are also seeking 

public comments, as well as data on the 

type and amount of benefit deductions 

broken down by benefit that may be 

included under § 447.10(i). 

We considered but did not propose to 

require consent only for specific types 

of deductions, rather than all types of 

benefits, for which Medicaid payment 

amounts may be deducted and paid to 

a third party in the regulatory text based 

on the concern that we may not 

accurately capture all of the employee 

benefits practitioners believe should 

require consent. Additionally, 

identifying certain types of employee 

benefits for which payments may be 

deducted and paid to a third party in 

the regulatory text would also need 

frequent updates through the 

rulemaking process in order to remain 

relevant. We are soliciting public 

comments on whether to codify that 

consent is only required for deductions 

for certain types of employee benefits, 

which benefits, and why those benefits 

should require consent from the 

practitioner. We are also soliciting 

public comments on whether requiring 

consent for certain types of employee 

benefits is advantageous or 

disadvantageous for the state and 

practitioner rather than requiring 

consent for all types of employee 

benefits. 

E. Conclusion 

In accordance with the provisions of 

Executive Order 12866, this proposed 

rule was reviewed by the Office of 

Management and Budget. 

Chiquita Brooks-LaSure, 

Administrator of the Centers for 

Medicare & Medicaid Services, 

approved this document on July 21, 

2021. 

List of Subjects in 42 CFR Part 447 

Accounting, Administrative practice 

and procedure, Drugs, Grant programs— 

health, Health facilities, Health 

professions, Medicaid, Reporting and 

recordkeeping requirements, Rural 

areas. 

For the reasons set forth in the 

preamble, the Centers for Medicare & 

Medicaid Services proposes to amend 

42 CFR chapter IV as set forth below: 

PART 447—PAYMENTS FOR 

SERVICES 

■ 1. The authority citation for part 447 

continues to read as follows: 

Authority: 42 U.S.C. 1302 and 1396r–8. 

■ 2. Amend § 447.10 by revising 

paragraph (a) and adding new paragraph 

(i) to read as follows: 

§ 447.10 Prohibition against reassignment 

of provider claims. 

(a) Basis and purpose. This section 

implements section 1902(a)(32) of the 

Act which prohibits State payments for 

Medicaid services to anyone other than 

a provider or beneficiary, under an 

assignment, power of attorney, or 

similar arrangement, except in specified 

circumstances. 

* * * * * 

(i) Payment prohibition. The payment 

prohibition in section 1902(a)(32) of the 

Act and paragraph (d) of this section 

does not apply to payments to a third 

party on behalf of an individual 

practitioner for benefits such as health 

insurance, skills training, and other 

benefits customary for employees, in the 

case of a class of practitioners for which 

the Medicaid program is the primary 

source of revenue, if the practitioner 

voluntarily consents to such payments 

to third parties on the practitioner’s 

behalf. 

Dated: July 28, 2021. 

Andrea Palm, 

Deputy Secretary, Department of Health and 

Human Services. 

[FR Doc. 2021–16430 Filed 7–30–21; 4:15 pm] 

BILLING CODE 4120–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 174 and 180 

[EPA–HQ–OPP–2021–0088; FRL–8792–01– 

OCSPP] 

Receipt of Pesticide Petitions Filed for 

Residues of Pesticide Chemicals in or 

on Various Commodities (July 2021) 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notices of filing of petitions and 

request for comment. 

SUMMARY: This document announces the 

Agency’s receipt of initial filings of 

pesticide petitions requesting the 

establishment or modification of 

regulations for residues of pesticide 

chemicals in or on various commodities. 

DATES: Comments must be received on 

or before September 2, 2021. 

ADDRESSES: Submit your comments, 

identified by docket identification (ID) 

number and the pesticide petition (PP) 

of interest as shown in the body of this 

document, online at http://

www.regulations.gov. Follow the online 

instructions for submitting comments. 

Do not submit electronically any 

information you consider to be 

Confidential Business Information (CBI) 

or other information whose disclosure is 

restricted by statute. Additional 

instructions on commenting or visiting 

the docket, along with more information 

about dockets generally, is available at 

http://www.epa.gov/dockets. 

Due to the public health concerns 

related to COVID–19, the EPA/DC and 

Reading Room is closed to visitors with 

limited exceptions. The staff continues 

to provide remote customer service via 

email, phone, and webform. For the 

latest status information on the EPA/DC 

and docket access, visit https://

www.epa.gov/dockets. 

FOR FURTHER INFORMATION CONTACT: 

Marietta Echeverria, Registration 

Division (7505P), main telephone 

number: (703) 305–7090, email address: 

RDFRNotices@epa.gov. The mailing 

address for each contact person is: 

Office of Pesticide Programs, 

Environmental Protection Agency, 1200 

Pennsylvania Ave. NW, Washington, DC 

20460–0001. As part of the mailing 

address, include the contact person’s 

name, division, and mail code. The 

division to contact is listed at the end 

of each pesticide petition summary. 

SUPPLEMENTARY INFORMATION: 


jbell on DSKJLSW7X2PROD with PROPOSALS
41810 Federal Register / Vol. 86, No. 146 / Tuesday, August 3, 2021 / Proposed Rules 

I. General Information 

A. Does this action apply to me? 

You may be potentially affected by 

this action if you are an agricultural 

producer, food manufacturer, or 

pesticide manufacturer. The following 

list of North American Industrial 

Classification System (NAICS) codes is 

not intended to be exhaustive, but rather 

provides a guide to help readers 

determine whether this document 

applies to them. Potentially affected 

entities may include: 

• Crop production (NAICS code 111). 

• Animal production (NAICS code 

112). 

• Food manufacturing (NAICS code 

311). 

• Pesticide manufacturing (NAICS 

code 32532). 

B. What should I consider as I prepare 

my comments for EPA? 

1. Submitting CBI. Do not submit this 

information to EPA through 

regulations.gov or email. Clearly mark 

the part or all of the information that 

you claim to be CBI. For CBI 

information in a disk or CD–ROM that 

you mail to EPA, mark the outside of the 

disk or CD–ROM as CBI and then 

identify electronically within the disk or 

CD–ROM the specific information that 

is claimed as CBI. In addition to one 

complete version of the comment that 

includes information claimed as CBI, a 

copy of the comment that does not 

contain the information claimed as CBI 

must be submitted for inclusion in the 

public docket. Information so marked 

will not be disclosed except in 

accordance with procedures set forth in 

40 CFR part 2. 

2. Tips for preparing your comments. 

When preparing and submitting your 

comments, see the commenting tips at 

http://www.epa.gov/dockets/ 

comments.html. 

3. Environmental justice. EPA seeks to 

achieve environmental justice, the fair 

treatment and meaningful involvement 

of any group, including minority and/or 

low-income populations, in the 

development, implementation, and 

enforcement of environmental laws, 

regulations, and policies. To help 

address potential environmental justice 

issues, the Agency seeks information on 

any groups or segments of the 

population who, as a result of their 

location, cultural practices, or other 

factors, may have atypical or 

disproportionately high and adverse 

human health impacts or environmental 

effects from exposure to the pesticides 

discussed in this document, compared 

to the general population. 

II. What action is the agency taking? 

EPA is announcing receipt of 

pesticide petitions filed under section 

408 of the Federal Food, Drug, and 

Cosmetic Act (FFDCA), 21 U.S.C. 346a, 

requesting the establishment or 

modification of regulations in 40 CFR 

part 174 or part 180 for residues of 

pesticide chemicals in or on various 

food commodities. The Agency is taking 

public comment on the requests before 

responding to the petitioners. EPA is not 

proposing any particular action at this 

time. EPA has determined that the 

pesticide petitions described in this 

document contain data or information 

prescribed in FFDCA section 408(d)(2), 

21 U.S.C. 346a(d)(2); however, EPA has 

not fully evaluated the sufficiency of the 

submitted data at this time or whether 

the data supports granting of the 

pesticide petitions. After considering 

the public comments, EPA intends to 

evaluate whether and what action may 

be warranted. Additional data may be 

needed before EPA can make a final 

determination on these pesticide 

petitions. 

Pursuant to 40 CFR 180.7(f), 

summaries of the petitions that are the 

subject of this document, prepared by 

the petitioners, are included in dockets 

EPA has created for these rulemakings. 

The dockets for these petitions are 

available at http://www.regulations.gov. 

As specified in FFDCA section 

408(d)(3), 21 U.S.C. 346a(d)(3), EPA is 

publishing notice of the petitions so that 

the public has an opportunity to 

comment on these requests for the 

establishment or modification of 

regulations for residues of pesticides in 

or on food commodities. Further 

information on the petitions may be 

obtained through the petition 

summaries referenced in this unit. 

Notice of Filing—Amended Tolerance 

Exemptions for Inerts (Except PIPs) 

IN–11547. (EPA–HQ–OPP–2021– 

0383). CH Biotech R&D Co., Ltd. (601 

Kettering Drive, Ontario, CA 91761) 

requests to amend an exemption from 

the requirement of a tolerance for 

residues of L-Glutamic Acid (LGA); 

(2S)-2-Aminopentanedioic Acid (CAS 

Reg. No. 56–86–0) when used as an inert 

ingredient (nutrient) in pesticide 

formulations applied on crops preharvest according to 40 CFR part 

180.920, at a limit of not more than 6% 

by weight in pesticide formulations. The 

petitioner believes no analytical method 

is needed because it is not required for 

an exemption from the requirement of a 

tolerance. Contact: RD. 

New Tolerance Exemptions for Inerts 

(Except PIPS) 

IN–11506. (EPA–HQ–OPP–2021– 

0364). Exponent, Inc. (1150 Connecticut 

Ave, Suite 1100, Washington, DC 20036) 

on behalf of Lamberti USA, 

Incorporated (P.O. Box 1000 

Hungerford, TX 77448) requests to 

establish an exemption from the 

requirement of a tolerance for residues 

of fatty acids, tall-oil, esters with 

triethanolamine, ethoxylated (CAS Reg. 

No. 68605–38–9) and fatty acids, C8–18 

and C18-unsatd., esters with 

polyethylene glycol ether with 

triethanolamine (3:1) (CAS Reg. No. 

2464873–19–4) when used as inert 

ingredients (surfactants) in pesticide 

formulations applied on crops pre- and 

post-harvest according to 40 CFR part 

180.910. The petitioner believes no 

analytical method is needed because it 

is not required for an exemption from 

the requirement of a tolerance. Contact: 

RD. 

New Tolerances For Non-Inerts 

PP 0F8863 & 0E8866. (EPA–HQ–OPP– 

2021–0191). Syngenta Crop Protection, 

LLC 410 Swing Road Greensboro, NC 

27419, requests to establish a tolerance 

in 40 CFR part 180 for residues of the 

fungicide difenoconazole in or on: 

Avocado at 0.15 parts per million 

(ppm); Caneberry subgroup 13–07A, at 

3.0 ppm; Corn, field, grain at 0.015 ppm; 

Corn, field, stover at 10.0 ppm; Corn, 

field, forage at 3.0 ppm; Grain, aspirated 

fractions at 0.7 ppm; Corn, field, milled 

byproducts at 0.3 ppm; Corn, field, 

refined oil at 0.02 ppm; Corn, field, 

gluten meal at 0.05 ppm; Corn, pop, 

forage at 3.0 ppm; Corn, pop, grain at 

0.01 ppm; Corn, pop, stover at 15 ppm; 

Corn, sweet, cannery waste at 0.03 ppm; 

Corn, sweet, ear at 0.01 ppm; Corn, 

sweet, forage at 15 ppm; Corn, sweet, 

stover at 15 ppm; Peanut, nutmeat at 

0.01 ppm; Peanut hay at 20 ppm. The 

gas chromatography equipped with a 

nitrogen-phosphorous detector is used 

to measure and evaluate the chemical 1- 

[2-[2-chloro-4-(4- 

chlorophenoxy)phenyl]-4-methyl-1,3- 

dioxolan-2-ylmethyl]-1H–1,2,4-triazole. 

Contact: RD. 

Authority: 21 U.S.C. 346a. 

Dated: July 21, 2021. 

Delores Barber, 

Director, Information Technology and 

Resources Management Division, Office of 

Program Support. 

[FR Doc. 2021–16333 Filed 8–2–21; 8:45 am] 

BILLING CODE 6560–50–P 


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