81 FR 92696 - State Long-Term Care Ombudsman Programs
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Administration on Aging Federal Register Volume 81, Issue 244 (December 20, 2016)
Administration on Aging
Federal Register Volume 81, Issue 244 (December 20, 2016)
| Page Range | 92696-92697 | |
| FR Document | 2016-30455 |
[Federal Register Volume 81, Number 244 (Tuesday, December 20, 2016)] [Rules and Regulations] [Pages 92696-92697] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-30455] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF HEALTH AND HUMAN SERVICES Administration on Aging 45 CFR Part 1324 RIN 0985-AA08 State Long-Term Care Ombudsman Programs AGENCY: Administration on Aging, Administration for Community Living, HHS. ACTION: Final rule; correction and correcting amendments. ----------------------------------------------------------------------- SUMMARY: In the February 11, 2015 Federal Register, we published a final rule in order to implement provisions of the Older Americans Act (the Act) regarding States' Long-Term Care Ombudsman programs (Ombudsman programs). The effective date was July 1, 2016. This correcting amendment corrects a limited number of technical and typographical errors identified in the February 11, 2015 final rule. DATES: This correcting document is effective December 19, 2016. FOR FURTHER INFORMATION CONTACT: Becky Kurtz, Director, Office of Long- Term Care Ombudsman Programs, Administration for Community Living, Administration on Aging, Atlanta Federal Center, 61 Forsyth Street SW., Suite 5M69, Atlanta, Georgia 30303-8909, 404-562-7592. SUPPLEMENTARY INFORMATION: I. Background In FR Doc. 2015-01914 of February 11, 2015 (80 FR 7704), the final rule entitled ``State Long-Term Care Ombudsman Programs,'' there were a number of technical and typographical errors that are identified and corrected in this correcting amendment. On July 1, 2016, those provisions of the final rule which had been originally codified as 45 CFR part 1327 were re-numbered as 45 CFR parts 1324 in FR Doc. 2016- 13138 (81 FR 35644). The remaining provisions (originally codified as amendments to 45 CFR part 1321) remain unchanged. All of the provisions below refer to errors found in 45 CFR part 1324. II. Summary of Changes A. Summary of Changes in the Regulations Text 1. On page 7765, in the regulations text for Sec. 1324.19(b)(5), we erroneously used the word ``paragraph'' instead of ``through.'' To correct this error, we have removed the word ``paragraph'' and replaced it with the word ``through.'' 2. On page 7765, in the regulations text for Sec. 1324.19(b)(7)(i), we erroneously included the term ``has no resident representative.'' Since this situation (regarding the authority for the Ombudsman program to make a referral when a resident has ``no resident representative'') is not needed in this paragraph and already provided for in Sec. 1324.19(b)(6)(ii), the redundancy of this provision was in error. We believe elimination of this language will not change the requirements of this provision and will lessen confusion regarding its implementation. The corrections to the errors summarized in this section appear in the regulations text of this correcting amendment. III. Waiver of Notice and Comment Procedure 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. However, under section 553(b)(B) of the APA, an agency may dispense with normal rule-making 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. We find that there is good cause to waive such requirements. We find that notice and comment is unnecessary because we are not altering our policies; rather, we are simply implementing correctly the policies that [[Page 92697]] we previously proposed, received comment on, and subsequently finalized. In addition, section 553(d) of the APA mandates a 30-day delay in the effective date after issuance or publication of a rule. The section, however, creates an exception at section 553(d)(3) that allows the agency to avoid the 30-day delay in effective date when it has good cause and publishes it with the rule. We have found good cause to avoid the 30-day delay. As discussed above, this rule is merely a technical correction and makes no substantive changes to the rule. We believe the public is best served by having the final rule reflect these corrections as soon as possible. List of Subjects for 45 CFR Part 1324 Administrative practice and procedure, Aged, Long-term care. Accordingly, 45 CFR chapter XIII, subchapter C, is corrected by making the following correcting amendments to part 1324: PART 1324--STATE LONG-TERM CARE OMBUDSMAN PROGRAMS 0 1. The authority citation for part 1324 continues to read as follows: Authority: 42 U.S.C. 3001 et seq.; the Older Americans Act, as amended. Sec. 1324.19 [Amended] 0 2. Section 1324.19 is amended as follows: 0 a. In paragraph (b)(5) by removing the word ``paragraph'' and adding in its place ``through''; and 0 b. In paragraph (b)(7)(i) by removing the words ``has no resident representative, or''. Dated: December 13, 2016. Madhura C. Valverde, Executive Secretary to the Department, Department of Health and Human Services. [FR Doc. 2016-30455 Filed 12-19-16; 8:45 am] BILLING CODE 4150-04-P
![92696 Federal Register / Vol. 81, No. 244 / Tuesday, December 20, 2016 / Rules and Regulations
Date certain
Federal
Community Effective date authorization/cancellation Current effective assistance
State and location No. of sale of flood insurance in community map date no longer
available in
SFHAs
La Porte, City of, Harris County ........ 485487 August 28, 1970, Emerg; February 12, ......do ....................... Do.
1971, Reg; January 6, 2017, Susp.
Morgans Point, City of, Harris County 480305 July 7, 1975, Emerg; December 1, 1983, ......do ....................... Do.
Reg; January 6, 2017, Susp.
Nassau Bay, City of, Harris County ... 485491 July 24, 1970, Emerg; November 13, ......do ....................... Do.
1970, Reg; January 6, 2017, Susp.
Pasadena, City of, Harris County ...... 480307 July 2, 1971, Emerg; May 26, 1970, Reg; ......do ....................... Do.
January 6, 2017, Susp.
Pearland, City of, Brazoria, Fort Bend 480077 December 19, 1973, Emerg; July 5, ......do ....................... Do.
and Harris Counties. 1984, Reg; January 6, 2017, Susp.
Seabrook, City of, Galveston and 485507 May 29, 1970, Emerg; April 23, 1971, ......do ....................... Do.
Harris Counties. Reg; January 6, 2017, Susp.
Shoreacres, City of, Harris County .... 485510 September 11, 1970, Emerg; November ......do ....................... Do.
20, 1970, Reg; January 6, 2017, Susp.
South Houston, City of, Harris County 480311 April 17, 1975, Emerg; March 18, 1987, ......do ....................... Do.
Reg; January 6, 2017, Susp.
Taylor Lake Village, City of, Harris 485513 August 28, 1970, Emerg; November 13, ......do ....................... Do.
County. 1970, Reg; January 6, 2017, Susp.
Webster, City of, Harris County ......... 485516 October 30, 1970, Emerg; May 19, 1972, ......do ....................... Do.
Reg; January 6, 2017, Susp.
* ......do = Ditto.
Code for reading third column: Emerg.—Emergency; Reg.—Regular; Susp.—Suspension.
Dated: December 12, 2016. FOR FURTHER INFORMATION CONTACT: 2. On page 7765, in the regulations
Michael M. Grimm, Becky Kurtz, Director, Office of Long- text for § 1324.19(b)(7)(i), we
Assistant Administrator for Mitigation, Term Care Ombudsman Programs, erroneously included the term ‘‘has no
Federal Insurance and Mitigation Administration for Community Living, resident representative.’’ Since this
Administration, Department of Homeland Administration on Aging, Atlanta situation (regarding the authority for the
Security, Federal Emergency Management Federal Center, 61 Forsyth Street SW., Ombudsman program to make a referral
Agency. Suite 5M69, Atlanta, Georgia 30303– when a resident has ‘‘no resident
[FR Doc. 2016–30533 Filed 12–19–16; 8:45 am] 8909, 404–562–7592. representative’’) is not needed in this
BILLING CODE 9110–12–P
SUPPLEMENTARY INFORMATION:
paragraph and already provided for in
§ 1324.19(b)(6)(ii), the redundancy of
I. Background this provision was in error. We believe
DEPARTMENT OF HEALTH AND elimination of this language will not
HUMAN SERVICES In FR Doc. 2015–01914 of February
change the requirements of this
11, 2015 (80 FR 7704), the final rule
provision and will lessen confusion
Administration on Aging entitled ‘‘State Long-Term Care
regarding its implementation.
Ombudsman Programs,’’ there were a
number of technical and typographical The corrections to the errors
45 CFR Part 1324
errors that are identified and corrected summarized in this section appear in
RIN 0985–AA08
in this correcting amendment. On July the regulations text of this correcting
1, 2016, those provisions of the final amendment.
State Long-Term Care Ombudsman
Programs rule which had been originally codified III. Waiver of Notice and Comment
as 45 CFR part 1327 were re-numbered Procedure and Delay in Effective Date
AGENCY: Administration on Aging, as 45 CFR parts 1324 in FR Doc. 2016–
Administration for Community Living, 13138 (81 FR 35644). The remaining Under 5 U.S.C. 553(b) of the
HHS. provisions (originally codified as Administrative Procedure Act (APA),
ACTION: Final rule; correction and amendments to 45 CFR part 1321) the agency is required to publish a
correcting amendments. remain unchanged. All of the provisions notice of the proposed rule in the
below refer to errors found in 45 CFR Federal Register before the provisions
SUMMARY: In the February 11, 2015 part 1324. of a rule take effect. However, under
Federal Register, we published a final section 553(b)(B) of the APA, an agency
rule in order to implement provisions of II. Summary of Changes may dispense with normal rule-making
the Older Americans Act (the Act) requirements for good cause if the
A. Summary of Changes in the
regarding States’ Long-Term Care agency makes a finding that the notice
Regulations Text
Ombudsman programs (Ombudsman and comment process is impracticable,
mstockstill on DSK3G9T082PROD with RULES
programs). The effective date was July 1, 1. On page 7765, in the regulations unnecessary, or contrary to the public
2016. This correcting amendment text for § 1324.19(b)(5), we erroneously interest. We find that there is good
corrects a limited number of technical used the word ‘‘paragraph’’ instead of cause to waive such requirements. We
and typographical errors identified in ‘‘through.’’ To correct this error, we find that notice and comment is
the February 11, 2015 final rule. have removed the word ‘‘paragraph’’ unnecessary because we are not altering
DATES: This correcting document is and replaced it with the word our policies; rather, we are simply
effective December 19, 2016. ‘‘through.’’ implementing correctly the policies that
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![Federal Register / Vol. 81, No. 244 / Tuesday, December 20, 2016 / Rules and Regulations 92697
we previously proposed, received Atmospheric Administration (NOAA), November 14, 2016. The Secretary
comment on, and subsequently Commerce. approved Amendment 47 on December
finalized. ACTION: Final rule. 6, 2016, after accounting for information
In addition, section 553(d) of the APA from the public, and determining that
mandates a 30-day delay in the effective SUMMARY: NMFS issues regulations to Amendment 47 is consistent with the
date after issuance or publication of a implement Amendment 47 to the Crab FMP, the Magnuson-Stevens Act,
rule. The section, however, creates an Fishery Management Plan for Bering and other applicable law. NMFS
exception at section 553(d)(3) that Sea/Aleutian Islands King and Tanner published the proposed rule to
allows the agency to avoid the 30-day Crabs (Crab FMP) and to make minor implement Amendment 47 on
delay in effective date when it has good clarifications to regulations September 23, 2016 (81 FR 65615). The
cause and publishes it with the rule. We implementing the Crab FMP. This final comment period on the proposed rule
have found good cause to avoid the 30- rule addresses how individual ended on October 24, 2016. NMFS
day delay. As discussed above, this rule processing quota (IPQ) use caps apply to received four comments. A summary of
is merely a technical correction and the Bering Sea Chionoecetes bairdi these comments and NMFS’ responses
makes no substantive changes to the Tanner crab fisheries: the eastern C. are provided in the Comments and
rule. We believe the public is best bairdi Tanner (EBT) and the western C. Responses section of this preamble.
served by having the final rule reflect bairdi Tanner (WBT). This regulation
This final rule modifies regulations
these corrections as soon as possible. exempts EBT and WBT IPQ crab that is
that specify how IPQ use caps apply to
custom processed at a facility through
List of Subjects for 45 CFR Part 1324 IPQ issued for EBT and WBT crab
contractual arrangements with the
fisheries. The following sections
Administrative practice and processing facility owners from being
describe: (1) The Bering Sea and
procedure, Aged, Long-term care. applied against the IPQ use cap of the
Aleutian Islands (BSAI) crab fisheries
Accordingly, 45 CFR chapter XIII, processing facility owners, thereby
under the Program, (2) IPQ use caps and
subchapter C, is corrected by making the allowing a facility to process more crab
custom processing arrangements, and
following correcting amendments to without triggering the IPQ use cap. This
(3) this final rule.
part 1324: exemption is necessary to allow all of
the EBT and WBT Class A individual The BSAI Crab Fisheries Under the
PART 1324—STATE LONG-TERM fishing quota crab to be processed at the Program
CARE OMBUDSMAN PROGRAMS facilities currently processing EBT and
This section and the following section
WBT crab, and will have significant
■ 1. The authority citation for part 1324 of the preamble provide a brief
positive economic effects on the
continues to read as follows: description of the Program, and the
fishermen, processors, and communities
elements of the Program, that apply to
Authority: 42 U.S.C. 3001 et seq.; the Older that participate in the EBT and WBT
Amendment 47 and this final rule. For
Americans Act, as amended. fisheries. This final rule is intended to
a more detailed description of the
promote the goals and objectives of the
§ 1324.19 [Amended] Program as it relates to this final rule,
Magnuson-Stevens Fishery
please see Sections 2.5 and 2.6 of the
■ 2. Section 1324.19 is amended as Conservation and Management Act
RIR (see ADDRESSES) and the preamble
follows: (Magnuson-Stevens Act), the Crab FMP,
■ a. In paragraph (b)(5) by removing the
of the proposed rule (81 FR 65615;
and other applicable law.
word ‘‘paragraph’’ and adding in its September 23, 2016).
DATES: Effective January 19, 2017.
place ‘‘through’’; and The Program was implemented on
ADDRESSES: Electronic copies of March 2, 2005 (70 FR 10174). The
■ b. In paragraph (b)(7)(i) by removing
Amendment 47 to the Crab FMP, the Program established a limited access
the words ‘‘has no resident Regulatory Impact Review (RIR), Initial
representative, or’’. privilege program for nine crab fisheries
Regulatory Flexibility Analysis (IRFA), in the BSAI, including the EBT and
Dated: December 13, 2016. and the Categorical Exclusion prepared WBT crab fisheries, and assigned quota
Madhura C. Valverde, for this action are available from http:// share (QS) to persons based on their
Executive Secretary to the Department, www.regulations.gov or from the NMFS historic participation in one or more of
Department of Health and Human Services. Alaska Region Web site at http:// those nine BSAI crab fisheries during a
[FR Doc. 2016–30455 Filed 12–19–16; 8:45 am] alaskafisheries.noaa.gov. specific period. Under the Program,
BILLING CODE 4150–04–P
The Environmental Impact Statement NMFS issued four types of QS: catcher
(Program EIS), RIR (Program RIR), Final vessel owner (CVO) QS was assigned to
Regulatory Flexibility Analysis holders of License Limitation Program
DEPARTMENT OF COMMERCE (Program FRFA), and Social Impact (LLP) licenses who delivered their catch
Assessment prepared for the Crab to shoreside crab processors or to
National Oceanic and Atmospheric Rationalization Program (Program) are stationary floating crab processors;
Administration available from the NMFS Alaska Region catcher/processor vessel owner QS was
Web site at http:// assigned to LLP license holders who
50 CFR Part 680 alaskafisheries.noaa.gov. harvested and processed their catch at
[Docket No. 160617541–6999–02] FOR FURTHER INFORMATION CONTACT: sea; catcher/processor crew QS was
Keeley Kent, 907–586–7228. issued to captains and crew on board
RIN 0648–BG15 SUPPLEMENTARY INFORMATION: This final catcher/processor vessels; and catcher
mstockstill on DSK3G9T082PROD with RULES
rule implements Amendment 47 to the vessel crew QS was issued to captains
Fisheries of the Exclusive Economic
Crab FMP and regulatory amendments and crew on board catcher vessels. Each
Zone Off Alaska; Bering Sea and
to the Program. NMFS published a year, a person who holds QS may
Aleutian Islands Crab Rationalization
notice of availability for Amendment 47 receive an exclusive harvest privilege
Program
in the Federal Register on September for a portion of the annual total
AGENCY: National Marine Fisheries 13, 2016 (81 FR 62850). Comment on allowable catch, called individual
Service (NMFS), National Oceanic and Amendment 47 was invited through fishing quota (IFQ).
VerDate Sep<11>2014 19:50 Dec 19, 2016 Jkt 241001 PO 00000 Frm 00149 Fmt 4700 Sfmt 4700 E:\FR\FM\20DER1.SGM 20DER1](https://thefederalregister.org/doc/81_FR_92940/page/2.svg)
Document Created: 2018-02-14 09:10:31
Document Modified: 2018-02-14 09:10:31
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final rule; correction and correcting amendments. | |
| Dates | This correcting document is effective December 19, 2016. | |
| Contact | Becky Kurtz, Director, Office of Long- Term Care Ombudsman Programs, Administration for Community Living, Administration on Aging, Atlanta Federal Center, 61 Forsyth Street SW., Suite 5M69, Atlanta, Georgia 30303-8909, 404-562-7592. | |
| FR Citation | 81 FR 92696 | |
| RIN Number | 0985-AA08 | |
| CFR Associated | Administrative Practice and Procedure; Aged and Long-Term Care |
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