Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Reef Fish Fishery of the Gulf of Mexico; Trip Limit Reduction for Gulf of Mexico Grouper Fishery, 42278-42279 [05-14522]

Download as PDF 42278 Federal Register / Vol. 70, No. 140 / Friday, July 22, 2005 / Rules and Regulations the interim regulations, and the amendment to the interim regulations do not apply to any group health plan (or health insurance coverage offered in connection with a group health plan) for any plan year of a small employer. The term ‘‘small employer’’ is defined as an employer who employed an average of at least 2 but not more than 50 employees on business days during the preceding calendar year and who employs at least 2 employees on the first day of the plan year.) As a result of this statutory amendment, and to assist employers, plan sponsors, health insurance issuers, and workers, the Department is publishing this amendment to the interim final regulations, conforming the regulatory sunset date to the new statutory sunset date. The Department is making the effective date of this amendment to the interim final regulations effective as of August 22, 2005. Since the extension of this sunset date is essentially selfimplementing, this amendment to the MHPA regulations is published on an interim final basis under section 2792 of the PHS Act. This amendment to the interim final regulations is adopted under the authority contained in sections 2701 through 2763, 2791, and 2792 of the PHS Act (42 U.S.C. 300gg through 300gg–63, 300gg–91, and 300gg–92), as added by HIPAA (Pub. L. 104–191), and amended by MHPA (Pub. L. 104–204, as amended by Pub. L. 107–116, Pub. L. 107–313, Pub. L. 108–197, and Pub. L. 108–311). III. Collection of Information Requirements This document does not impose information collection and recordkeeping requirements. Consequently, it need not be reviewed by the Office of Management and Budget under the authority of the Paperwork Reduction Act of 1995. IV. Regulatory Impact Statement Overall Impact We have examined the impacts of this rule as required by Executive Order 12866 (September 1993, Regulatory Planning and Review), the Regulatory Flexibility Act (RFA) (September 16, 1980, Pub. L. 96–354), the Unfunded Mandates Reform Act of 1995 (Pub. L. 104–4), and Executive Order 13132. Executive Order 12866 (as amended by Executive Order 13258, which merely reassigns responsibility of duties) directs agencies to assess all costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory VerDate jul<14>2003 15:02 Jul 21, 2005 Jkt 205001 approaches that maximize net benefits (including potential economic, environmental, public health and safety effects, distributive impacts, and equity). A regulatory impact analysis (RIA) must be prepared for major rules with economically significant effects ($100 million or more in any 1 year). According to the terms of the Executive Order, it has been determined that this action is not a ‘‘significant regulatory action’’ within the meaning of the Executive Order. Rather, it is an amendment to the 1997 interim final regulations that makes no substantive changes to those regulations, and merely extends the regulatory sunset date to conform to the new statutory sunset date added by Public Law 108–696. Because it is not a major rule, we are not required to perform an assessment of the costs and savings. The RFA requires agencies to analyze options for regulatory relief of small businesses. For purposes of the RFA, small entities include small businesses, nonprofit organizations, and government agencies. Most hospitals and most other providers and suppliers are small entities, either by nonprofit status or by having revenues of $6 million to $29 million in any 1 year. Individuals and States are not included in the definition of a small entity. We are not preparing an analysis for the RFA because we have determined, and we certify, that this rule will not have a significant economic impact on a substantial number of small entities. Section 202 of the Unfunded Mandates Reform Act of 1995 also requires that agencies assess anticipated costs and benefits before issuing any rule that may result in expenditure in any 1 year by State, local, or tribal governments, in the aggregate, or by the private sector, of $110 million. This rule will have no consequential effect on the governments mentioned or on the private sector. Executive Order 13132 establishes certain requirements that an agency must meet when it publishes a proposed rule (and subsequent final rule) that imposes substantial direct requirement costs on State and local governments, preempts State law, or otherwise has Federalism implications. We have reviewed this final rule and have determined that it will not have a substantial effect on State or local governments. We have reviewed this rule and determined that, under the provisions of Public Law 104–121, the Contract with America Act, it is not a major rule. PO 00000 Frm 00026 Fmt 4700 Sfmt 4700 List of Subjects in 45 CFR Part 146 Health care, Health insurance, Reporting and recordkeeping requirements, State regulation of health insurance. For the reasons set forth in the preamble, the Centers for Medicare & Medicaid Services amends 45 CFR part 146 as follows: I PART 146—REQUIREMENTS FOR THE GROUP HEALTH INSURANCE MARKET 1. The authority citation for part 146 is revised to read as follows: I Authority: Secs. 2701 through 2763, 2791, and 2792 of the PHS Act (42 U.S.C. 300gg through 300gg–63, 300gg–91, and 300gg–92), as added by HIPAA (Pub. L. 104–191, 110 Stat. 1936), and amended by MHPA (Pub. L. 104–204, 110 Stat. 2944, as amended by Pub. L. 107–116, 115 Stat. 2177; Pub. L. 107–313, 116 Stat. 2457; Pub. L. 108–197, 117 Stat. 2898; and Pub. L. 108–311, 118 Stat. 1166), NMHPA (Pub. L. 104–204, 110 Stat. 2935), and WHCRA (Pub. L. 105–277, 112 Stat. 2681–436), sec. 102(c) of HIPAA. § 146.136 [Amended] 2. In § 146.136, the following amendments are made: I a. The last sentence of paragraph (f)(1) is amended by removing the date ‘‘December 31, 2004’’ and adding in its place the date ‘‘December 31, 2005.’’ I b. Paragraph (g)(2) is amended by removing the date ‘‘December 31, 2004’’ and adding in its place the date ‘‘January 1, 2006.’’ I c. Paragraph (i) is revised to read as follows: I § 146.136 Parity in the application of certain limits to mental health benefits. * * * * * (i) Sunset. This section does not apply to benefits for services furnished after December 31, 2005. Dated: January 19, 2005. Mark B. McClellan, Administrator, Centers for Medicare & Medicaid Services. Dated: April 11, 2005. Michael O. Leavitt, Secretary, Department of Health and Human Services. [FR Doc. 05–14504 Filed 7–21–05; 8:45 am] BILLING CODE 4120–01–P E:\FR\FM\22JYR1.SGM 22JYR1 Federal Register / Vol. 70, No. 140 / Friday, July 22, 2005 / Rules and Regulations DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 622 [Docket No. 050209033–5033–01; I.D. 071505C] Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Reef Fish Fishery of the Gulf of Mexico; Trip Limit Reduction for Gulf of Mexico Grouper Fishery National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; inseason action. AGENCY: SUMMARY: NMFS reduces the trip limit for the commercial shallow-water grouper fishery in the exclusive economic zone of the Gulf of Mexico to 5,500 lb (2,500 kg) per trip. The intended effect of trip limit reduction is to moderate the rate of harvest of the available quotas and, thereby, reduce the adverse social and economic effects of derby fishing, enable more effective quota monitoring, and reduce the probability of overfishing. DATES: Effective 12:01 a.m., local time, August 4, 2005, through December 31, 2005, unless changed by further notification in the Federal Register. FOR FURTHER INFORMATION CONTACT: Phil Steele, telephone: 727–824–5305, fax: 727–824–5308, e-mail: Phil.Steele@noaa.gov. The fishery for reef fish is managed under the Fishery Management Plan for the Reef Fish Resources of the Gulf of Mexico (FMP) prepared by the Gulf of Mexico Fishery Management Council. This FMP was approved by NMFS and implemented under the authority of the Magnuson-Stevens Fishery Conservation and Management Act by regulations at 50 CFR part 622. Regulations at 50 CFR 622.44(g)(1)(ii) require NMFS to reduce the commercial trip limit for Gulf deep-water and shallow-water grouper, combined, to 5,500 lb (2,500 kg) if on or before October 1 more than 75 percent of either the shallow-water grouper quota or red grouper quota is reached or is projected to be reached. The commercial deepwater grouper fishery was closed on June 23, 2005. Therefore, this action only pertains to the commercial shallow-water grouper fishery. Based on current statistics, NMFS has determined more than 75 percent of the 5.31 SUPPLEMENTARY INFORMATION: VerDate jul<14>2003 15:02 Jul 21, 2005 Jkt 205001 million-lb (2.41 million-kg) commercial quota for red grouper will be reached on August 3, 2005. Accordingly, NMFS is reducing the trip limit for shallow-water grouper (black grouper, gag, red grouper, yellowfin grouper, scamp, yellowmouth grouper, rock hind, and red hind) to 5,500 lb (2,500 kg) per trip in the Gulf of Mexico exclusive economic zone effective 12:01 a.m., local time, on August 4, 2005, through December 31, 2005, unless changed by further notification in the Federal Register. DEPARTMENT OF COMMERCE Classification 42279 AGENCY: This action responds to the best available information recently obtained from the fishery. The Assistant Administrator for Fisheries, NOAA, (AA), finds good cause to waive the requirement to provide prior notice and opportunity for public comment pursuant to the authority set forth at 5 U.S.C. 553(b)(B), as such prior notice and opportunity for public comment is unnecessary and contrary to the public interest. Such procedures would be unnecessary because the rule itself already has been subject to notice and comment, and all that remains is to notify the public of the trip limit reduction. Allowing prior notice and opportunity for public comment is contrary to the public interest because of the need to immediately implement this action to protect the fishery since the capacity of the fishing fleet allows for rapid harvest of the quota. Prior notice and opportunity for public comment would require time and would potentially result in a harvest well in excess of the established quota. For the aforementioned reasons, the AA also finds good cause to waive the 30-day delay in the effectiveness of this action under 5 U.S.C. 553(d)(3). This action is taken under 50 CFR 622.44(g)(1)(ii) and is exempt from review under Executive Order 12866. Authority: 16 U.S.C. 1801 et seq. Dated: July 19, 2005. Alan D. Risenhoover, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 05–14522 Filed 7–19–05; 2:24 pm] BILLING CODE 3510–22–S PO 00000 Frm 00027 Fmt 4700 Sfmt 4700 National Oceanic and Atmospheric Administration 50 CFR Part 679 [Docket No. 041126333–5040–02; I.D. 071505D] Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Ocean Perch in the Western Regulatory Area of the Gulf of Alaska National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; Closure. SUMMARY: NMFS is prohibiting directed fishing for Pacific Ocean perch in the Western Regulatory Area of the Gulf of Alaska (GOA). This action is necessary to prevent exceeding the 2005 total allowable catch (TAC) of Pacific Ocean perch in the Western Regulatory Area of the GOA. DATES: Effective 1200 hrs, Alaska local time (A.l.t.), July 16, 2005, through 2400 hrs, A.l.t., December 31, 2005. FOR FURTHER INFORMATION CONTACT: Josh Keaton, 907–586–7228. SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fishery in the GOA exclusive economic zone according to the Fishery Management Plan for Groundfish of the Gulf of Alaska (FMP) prepared by the North Pacific Fishery Management Council under authority of the MagnusonStevens Fishery Conservation and Management Act. Regulations governing fishing by U.S. vessels in accordance with the FMP appear at subpart H of 50 CFR part 600 and 50 CFR part 679. The 2005 TAC of Pacific Ocean perch in the Western Regulatory Area of the GOA is 2,567 metric tons (mt) as established by the 2005 and 2006 harvest specifications for groundfish of the GOA (70 FR 8958, February 24, 2005). In accordance with § 679.20(d)(1)(i), the Administrator, Alaska Region, NMFS (Regional Administrator), has determined that the 2005 TAC of Pacific Ocean perch in the Western Regulatory Area of the GOA will soon be reached. Therefore, the Regional Administrator is establishing a directed fishing allowance of 2,317 mt, and is setting aside the remaining 250 mt as bycatch to support other anticipated groundfish fisheries. In accordance with § 679.20(d)(1)(iii), the Regional Administrator finds that this directed fishing allowance has been reached. E:\FR\FM\22JYR1.SGM 22JYR1

Agencies

[Federal Register Volume 70, Number 140 (Friday, July 22, 2005)]
[Rules and Regulations]
[Pages 42278-42279]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-14522]



[[Page 42279]]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 050209033-5033-01; I.D. 071505C]


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Reef Fish Fishery of the Gulf of Mexico; Trip Limit Reduction for Gulf 
of Mexico Grouper Fishery

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Temporary rule; inseason action.

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SUMMARY: NMFS reduces the trip limit for the commercial shallow-water 
grouper fishery in the exclusive economic zone of the Gulf of Mexico to 
5,500 lb (2,500 kg) per trip. The intended effect of trip limit 
reduction is to moderate the rate of harvest of the available quotas 
and, thereby, reduce the adverse social and economic effects of derby 
fishing, enable more effective quota monitoring, and reduce the 
probability of overfishing.

DATES: Effective 12:01 a.m., local time, August 4, 2005, through 
December 31, 2005, unless changed by further notification in the 
Federal Register.

FOR FURTHER INFORMATION CONTACT: Phil Steele, telephone: 727-824-5305, 
fax: 727-824-5308, e-mail: Phil.Steele@noaa.gov.

SUPPLEMENTARY INFORMATION: The fishery for reef fish is managed under 
the Fishery Management Plan for the Reef Fish Resources of the Gulf of 
Mexico (FMP) prepared by the Gulf of Mexico Fishery Management Council. 
This FMP was approved by NMFS and implemented under the authority of 
the Magnuson-Stevens Fishery Conservation and Management Act by 
regulations at 50 CFR part 622.
    Regulations at 50 CFR 622.44(g)(1)(ii) require NMFS to reduce the 
commercial trip limit for Gulf deep-water and shallow-water grouper, 
combined, to 5,500 lb (2,500 kg) if on or before October 1 more than 75 
percent of either the shallow-water grouper quota or red grouper quota 
is reached or is projected to be reached. The commercial deep-water 
grouper fishery was closed on June 23, 2005. Therefore, this action 
only pertains to the commercial shallow-water grouper fishery. Based on 
current statistics, NMFS has determined more than 75 percent of the 
5.31 million-lb (2.41 million-kg) commercial quota for red grouper will 
be reached on August 3, 2005. Accordingly, NMFS is reducing the trip 
limit for shallow-water grouper (black grouper, gag, red grouper, 
yellowfin grouper, scamp, yellowmouth grouper, rock hind, and red hind) 
to 5,500 lb (2,500 kg) per trip in the Gulf of Mexico exclusive 
economic zone effective 12:01 a.m., local time, on August 4, 2005, 
through December 31, 2005, unless changed by further notification in 
the Federal Register.

Classification

    This action responds to the best available information recently 
obtained from the fishery. The Assistant Administrator for Fisheries, 
NOAA, (AA), finds good cause to waive the requirement to provide prior 
notice and opportunity for public comment pursuant to the authority set 
forth at 5 U.S.C. 553(b)(B), as such prior notice and opportunity for 
public comment is unnecessary and contrary to the public interest. Such 
procedures would be unnecessary because the rule itself already has 
been subject to notice and comment, and all that remains is to notify 
the public of the trip limit reduction. Allowing prior notice and 
opportunity for public comment is contrary to the public interest 
because of the need to immediately implement this action to protect the 
fishery since the capacity of the fishing fleet allows for rapid 
harvest of the quota. Prior notice and opportunity for public comment 
would require time and would potentially result in a harvest well in 
excess of the established quota.
    For the aforementioned reasons, the AA also finds good cause to 
waive the 30-day delay in the effectiveness of this action under 5 
U.S.C. 553(d)(3).
    This action is taken under 50 CFR 622.44(g)(1)(ii) and is exempt 
from review under Executive Order 12866.

    Authority: 16 U.S.C. 1801 et seq.

    Dated: July 19, 2005.
Alan D. Risenhoover,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 05-14522 Filed 7-19-05; 2:24 pm]
BILLING CODE 3510-22-S