29526 Federal Register / Vol. 86, No. 104 / Wednesday, June 2, 2021 / Rules and Regulations 

CALIFORNIA—2015 8-HOUR OZONE NAAQS—Continued 

[Primary and Secondary] 

Designated area 1

Designation Classification 

Date 2 Type Date 2 Type 

Inaja Band of Diegueno Mission Indians of the Inaja and 

Cosmit Reservation. 

Jamul Indian Village of California. 

La Jolla Band of Luiseno Indians. 

La Posta Band of Diegueno Mission Indians of the La 

Posta Indian Reservation. 

Los Coyotes Band of Cahuilla and Cupeno Indians. 

Manzanita Band of Diegueno Mission Indians of the 

Manzanita Reservation. 

Mesa Grande Band of Diegueno Mission Indians of the 

Mesa Grande Reservation. 

Pala Band of Luiseno Mission Indians of the Pala Reservation. 

Pauma Band of Luiseno Mission Indians of the Pauma 

and Yuima Reservation. 

Rincon Band of Luiseno Mission Indians of the Rincon 

Reservation. 

San Pasqual Band of Diegueno Mission Indians of California. 

Sycuan Band of the Kumeyaay Nation. 

Viejas (Baron Long) Group of Capitan Grande Band of 

Mission Indians. 

* * * * * * * 

1 Includes any Indian country in each county or area, unless otherwise specified. EPA is not determining the boundaries of any area of Indian 

country in this table, including any area of Indian country located in the larger designation area. The inclusion of any Indian country in the designation area is not a determination that the state has regulatory authority under the Clean Air Act for such Indian country. 2This date is August 3, 2018, unless otherwise noted. 

* * * * * 

[FR Doc. 2021–11524 Filed 6–1–21; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 141 

[EPA–HQ–OW–2021–0079; FRL 10022–49– 

OW] 

Expedited Approval of Alternative Test 

Procedures for the Analysis of 

Contaminants Under the Safe Drinking 

Water Act; Analysis and Sampling 

Procedures 

Correction 

In rule document 2021–10974 

appearing on pages 28277 through 

28290 in the issue of Wednesday, May 

26, 2021, make the following correction: 

PART 141—NATIONAL PRIMARY 

DRINKING WATER REGULATIONS 

[CORRECTED] 

■ 1. On page 28285, in the table entitled 

‘‘ALTERNATIVE TESTING METHODS 

FOR CONTAMINANTS LISTED AT 40 

CFR 141.23 (k)(1)’’, in the second row 

from the bottom of the page ‘‘pH’’, in 

columns four, five and six, ‘‘4500–H + 

B’’ should read, ‘‘4500–H + B’’ 

■ 2. On page 28286, in the table entitled 

‘‘ALTERNATIVE TESTING METHODS 

FOR CONTAMINANTS LISTED AT 40 

CFR 141.24 (e)(1)’’, in the first column 

entitled ‘‘Contaminant’’, the twentyfourth line, ‘‘............ .’’ 

should read, ‘‘Alachlor.’’ 

■ 3. On page 28286, in the table entitled 

‘‘ALTERNATIVE TESTING METHODS 

FOR CONTAMINANTS LISTED AT 40 

CFR 141.24 (e)(1)’’, in the first column 

entitled ‘‘Contaminant’’, the twentyfourth line, the third row 

‘‘. . . . . . . . . . . . .’’ should read, 

‘‘525.3 24

■ 4. On page 28286, in the table entitled 

‘‘ALTERNATIVE TESTING METHODS 

FOR CONTAMINANTS LISTED AT 40 

CFR 141.24 (e)(1)’’, in the first column 

entitled ‘‘Contaminant’’, the twentyeighth row, beneath ‘‘Carbofuran’’ 

currently reads, ‘‘...... .’’ and 

should read, ‘‘Chlordane’’. 

[FR Doc. C1–2021–10974 Filed 6–1–21; 8:45 am] 

BILLING CODE 0099–10–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Centers for Medicare & Medicaid 

Services 

42 CFR Parts 405, 417, 422, 423, 455 

and 460 

[CMS–4190–F3] 

RIN 0938–AT97 

Medicare and Medicaid Programs; 

Contract Year 2022 Policy and 

Technical Changes to the Medicare 

Advantage Program, Medicare 

Prescription Drug Benefit Program, 

Medicaid Program, Medicare Cost Plan 

Program, and Programs of All 

Inclusive Care for the Elderly; 

Corrections 

AGENCY: Centers for Medicare & 

Medicaid Services (CMS), Department 

of Health and Human Services (HHS). 

ACTION: Final rule; correction and 

correcting amendment. 

SUMMARY: This document corrects 

technical and typographical errors in 

the final rule that appeared in the 

January 19, 2021 Federal Register titled 

‘‘Medicare and Medicaid Programs; 

Contract Year 2022 Policy and 

Technical Changes to the Medicare 


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Federal Register / Vol. 86, No. 104 / Wednesday, June 2, 2021 / Rules and Regulations 29527 

Advantage Program, Medicare 

Prescription Drug Benefit Program, 

Medicaid Program, Medicare Cost Plan 

Program, and Programs of All Inclusive 

Care for the Elderly.’’ The effective date 

of the final rule was March 22, 2021. 

DATES: This document is effective June 

2, 2021. 

FOR FURTHER INFORMATION CONTACT: Cali 

Diehl, (410) 786–4053 or Christopher 

McClintick, (410) 786–4682—General 

Questions. 

Kimberlee Levin, (410) 786–2549— 

Part C Issues. 

Lucia Patrone, (410) 786–8621—Part 

D Issues. 

Kristy Nishimoto, (206) 615–2367— 

Beneficiary Enrollment and Appeals 

Issues. 

Danielle Blaser, (410) 786–3487— 

Program Integrity Issues. 

Tobey Oliver, (202) 260–1113—D– 

SNP Appeals and Grievances. 

SUPPLEMENTARY INFORMATION: 

I. Background

In FR Doc. 2021–00538 of January 19,

2021 (86 FR 5864), the final rule titled 

‘‘Medicare and Medicaid Programs; 

Contract Year 2022 Policy and 

Technical Changes to the Medicare 

Advantage Program, Medicare 

Prescription Drug Benefit Program, 

Medicaid Program, Medicare Cost Plan 

Program, and Programs of All Inclusive 

Care for the Elderly’’, there were 

technical errors that are identified and 

corrected in this correcting amendment. 

II. Summary of Errors

A. Summary of Errors in the Preamble

On pages 5870, 5895, 5950, 5975,

5983, 5985, 5987, 6007, 6016, and 6088, 

we made inadvertent grammatical and 

typographical errors. 

On page 5938, in our discussion of 

tiering exceptions requests and the 

complaint tracking module, we 

inadvertently included an incorrect 

link. 

On pages 5962 and 6058, we made 

typographical errors in several 

regulatory citations. 

On pages 5977 and 5990, made 

typographical errors in cross-references 

to other sections of the final rule. 

On page 6062, in our discussion of the 

information collection requirements 

(ICRs) regarding beneficiaries’ education 

on opioid risks and alternative 

treatments (§ 423.128), we mistakenly 

referred to ‘‘Part D sponsors’’ rather than 

‘‘Part D parent organizations.’’ 

B. Summary of Errors in the Regulations

Text

On page 6094, in the amendatory 

instructions for § 422.101, we 

inadvertently omitted changes that 

would move existing paragraph (f)(2)(vi) 

to paragraph (f)(3)(i) This error caused a 

duplication of those paragraphs. 

Therefore, we are removing paragraph 

(f)(2)(vi) to correct this error. 

On page 6103, we inadvertently 

changed the format in the regulation 

text for § 422.760(b)(3)(ii)(C) that was 

inconsistent with the language in 

§ 423.760(b)(3)(ii)(C). In addition, we

made a typographical error in

§ 422.760(b)(3)(ii)(A).

On page 6120, in the regulation text

for § 423.568(j)(2) and (3) and (k), we 

inadvertently use language applicable to 

MA plans instead of Part D plan 

sponsors. 

On page 6128, in the regulations text 

for § 423.2267, we inadvertently 

misnumbered a paragraph. 

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 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 

requires the agency to give interested 

parties the opportunity to participate in 

the rulemaking through public comment 

before the provisions of the rule take 

effect. Similarly, section 1871(b)(1) of 

the Act 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 rulemaking to 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 Social Security 

Act (the Act) mandate 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 notice and 

comment and delay in effective date 

APA requirements. 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 

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 

normal rulemaking requirements for 

good cause if the agency makes a 

finding that the notice and comment 

process are 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 avoid the 30- 

day delay in effective date where such 

delay is contrary to the public interest 

and an agency includes a statement of 

support. 

We believe that this correcting 

document does not constitute a rule that 

would be subject to the notice and 

comment or delayed effective date 

requirements of the APA or section 1871 

of the Act. This correcting document 

corrects technical errors in the preamble 

and regulations text of the final rule but 

does not make substantive changes to 

the policies that were adopted in the 

final rule. As a result, this correcting 

document is intended to ensure that the 

information in the final rule accurately 

reflects the policies adopted in that final 

rule. 

In addition, even if this were a rule to 

which the notice and comment 

procedures and delayed effective date 

requirements applied, we find that there 

is good cause to waive such 

requirements. Undertaking further 

notice and comment procedures to 

incorporate the corrections in this 

document into the final rule or delaying 

the effective date would be contrary to 

the public interest because it is in the 

public’s interest to ensure that final rule 

accurately reflects our policies. 

Furthermore, such procedures would be 

unnecessary, as we are not altering 

payment eligibility or benefit 

methodologies or policies, but rather, 

simply implementing correctly the 

policies that we previously proposed, 

received comment on, and subsequently 

finalized. This correcting document is 

intended solely to ensure that the final 

rule accurately reflects these policies. 

Therefore, we believe we have good 

cause to waive the requirements for 

notice and comment and delay of 

effective date. 

IV. Correction of Errors in the Preamble

In FR Doc. 2021–00538, published in

the Federal Register of January 19, 

2021, beginning on page 5864, the 

following corrections are made: 

1. On page 5870, second column of

the table, first paragraph, line 3, the 

phrase ‘‘he RTBTI’’ is corrected to read 

‘‘The RTBT’’. 

2. On page 5895, third column,

second full paragraph, line 6, the terms 

‘‘thatthis’’ are corrected to read ‘‘that 

this’’. 

3. On page 5938, second column,

second full paragraph, lines 8 through 

10, the website link ‘‘https:// 


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29528 Federal Register / Vol. 86, No. 104 / Wednesday, June 2, 2021 / Rules and Regulations 

www.cms.gov/files/document/ 

cy2020part-dreportingrequirements.pdf’’ is corrected 

to read ‘‘https://www.cms.gov/files/ 

document/cy2020part-d-reportingrequirements082719.pdf’’. 

4. On page 5950, third column, third 

full paragraph, lines 23 and 24, the 

phrase ‘‘will become’’ is corrected to 

‘‘became’’. 

5. On page 5962, third column, 

second partial paragraph, line 7, the 

citation ‘‘§ 422.509 or § 423.510’’ is 

corrected to read ‘‘§ 422.510 or 

§ 423.509’’. 

6. On page 5975, first column, fifth 

paragraph, line 18, the word ‘‘reward’’ 

is corrected to read ‘‘rewards’’. 

7. On page 5977, third column, 

second full paragraph, line 19, the 

phrase ‘‘Section IIIC’’ is corrected to 

read ‘‘Section III.C.’’. 

8. On page 5983, second column, first 

partial paragraph, line 37, the word 

‘‘provider’’ is corrected to read 

‘‘provides’’. 

9. On page 5985, third column, first 

full paragraph, line 6, the word ‘‘are’’ is 

corrected to read ‘‘is’’. 

10. On page 5987, first column, 

second partial paragraph, line 17, the 

word ‘‘of’’ is corrected to read ‘‘or’’. 

11. On page 5990, second column, 

first full paragraph, line 25, the 

reference ‘‘section D.’’ is corrected to 

read ‘‘section V.D.’’. 

12. On page 6007, first column, 

second partial paragraph, lines 26 and 

27, the phrase ‘‘used evaluating’’ is 

corrected to read ‘‘use in evaluating’’. 

13. On page 6016, first column, first 

full paragraph, line 1, the word ‘‘toe’’ is 

corrected to read ‘‘to’’. 

14. On page 6058, third column, first 

full paragraph, line 4: 

a. The reference ‘‘0938–10396’’ is 

corrected to ‘‘0938–1154’’. 

b. The reference ‘‘CMS–1154’’ is 

corrected to read ‘‘CMS–10396’’. 

15. On page 6062, first column, first 

full paragraph, line 1, ‘‘288 Part D 

sponsors’’ is corrected to read ‘‘288 Part 

D parent organizations’’. 

16. On page 6088, second column, 

first full paragraph, line 12, ‘‘positon’’ is 

corrected to ‘‘position’’. 

List of Subjects 

42 CFR Part 422 

Administrative practice and 

procedure, Health facilities, Health 

maintenance organizations (HMO), 

Medicare, Penalties, Privacy, Reporting 

and recordkeeping requirements. 

42 CFR Part 423 

Administrative practice and 

procedure, Emergency medical services, 

Health facilities, Health maintenance 

organizations (HMO), Medicare, 

Penalties, Privacy, Reporting and 

recordkeeping requirements. 

Accordingly, 42 CFR parts 422 and 

423 are corrected by making the 

following correcting amendments: 

PART 422—MEDICARE ADVANTAGE 

PROGRAM 

■ 1. The authority citation for part 422 

continues to read as follows: 

Authority: 42 U.S.C. 1302 and 1395hh. 

§ 422.101 [Amended] 

■ 2. Section 422.101 is amended by 

removing paragraph (f)(2)(vi). 

■ 3. Section 422.760 is amended as 

follows: 

■ a. In paragraph (b)(3)(ii)(A) by 

removing the word ‘‘increases’’ and 

adding in its place the phrase ‘‘are 

increased’’. 

■ b. By revising paragraph (b)(3)(ii)(C). 

The revision reads as follows: 

§ 422.760 Determinations regarding the 

amount of civil money penalties and 

assessment imposed by CMS. 

* * * * * 

(b) * * * 

(3) * * * 

(ii) * * * 

(C) CMS tracks the calculation and 

accrual of the standard minimum 

penalty and aggravating factor amounts 

and announces them on an annual basis. 

* * * * * 

PART 423—VOLUNTARY MEDICARE 

PRESCRIPTION DRUG BENEFIT 

■ 4. The authority citation for part 423 

continues to read as follows: 

Authority: 42 U.S.C. 1302, 1306, 1395w– 

101 through 1395w–152, and 1395hh. 

§ 423.568 [Amended] 

■ 5. Section 423.568 is amended as 

follows: 

■ a. In paragraph (j)(2) by removing the 

phrase ‘‘MA organization’’ and adding 

in its place the phrase ‘‘Part D plan 

sponsor’’. 

■ b. In paragraph (j)(3) by removing the 

term ‘‘reconsideration’’ adding in its 

place the term ‘‘redetermination’’. 

■ c. In paragraph (k) by removing the 

term ‘‘redetermination’’ adding in its 

place the term ‘‘coverage 

determination’’. 

§ 423.2267 [Amended] 

■ 6. Section 423.2267 is amended by 

redesignating paragraph (e)(13)(ii)(H) as 

paragraph (e)(13)(ii)(G). 

Dated: May 25, 2021. 

Karuna Seshasai, 

Executive Secretary to the Department, 

Department of Health and Human Services. 

[FR Doc. 2021–11446 Filed 6–1–21; 8:45 am] 

BILLING CODE 4120–01–P 

DEPARTMENT OF TRANSPORTATION 

Pipeline and Hazardous Materials 

Safety Administration 

49 CFR Parts 107 

RIN 2105–AE99 

Civil Penalty Amounts; Correction 

AGENCY: Department of Transportation 

(DOT or the Department). 

ACTION: Final rule; technical correction. 

SUMMARY: In accordance with the 

Federal Civil Penalties Inflation 

Adjustment Act Improvements Act of 

2015, DOT published a final rule on 

May 3, 2021 to provide the 2021 

inflation adjustment to civil penalty 

amounts that may be imposed for 

violations of certain DOT regulations. 

This rule corrects an error in that 

rulemaking resulting from an inaccurate 

amendatory instruction. The rule does 

not change any civil penalty amounts 

established in the final rule published 

on May 3, 2021. 

DATES: Effective June 2, 2021. 

FOR FURTHER INFORMATION CONTACT: 

Elizabeth Kohl, Attorney-Advisor, 

Office of the General Counsel, U.S. 

Department of Transportation, 1200 

New Jersey Ave. SE, Washington, DC 

20590, elizabeth.kohl@dot.gov. 

SUPPLEMENTARY INFORMATION: This rule 

corrects an error in DOT’s final rule, 

published on May 3, 2021 (86 FR 23241) 

in accordance with the Federal Civil 

Penalties Inflation Adjustment Act 

Improvements Act of 2015, providing 

the 2021 inflation adjustment to civil 

penalty amounts that may be imposed 

for violations of certain DOT 

regulations. Specifically, in amendatory 

instruction 19., DOT specified removal 

of ‘‘July 31, 2019’’ from appendix A to 

subpart D of 49 CFR 107, and 

replacement with ‘‘May 3, 2021’’. The 

instruction should instead have directed 

removal of ‘‘January 11, 2021’’ and 

replacement with ‘‘May 3, 2021’’. DOT 

publishes this final rule to effectuate 

that change. 

Regulatory Analysis and Notices 

DOT has determined that all of the 

regulatory reviews and analyses 

conducted in support of the May 3, 2021 

final rule remain unchanged as a result 

of this final rule. 


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