Magnuson-Stevens Fishery Conservation and Management Act Provisions; Fisheries of the Northeastern United States; Extension of Emergency Fishery Closure Due to the Presence of the Toxin that Causes Paralytic Shellfish Poisoning, 37505-37506 [06-5936]
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Federal Register / Vol. 71, No. 126 / Friday, June 30, 2006 / Rules and Regulations
Medicare enrollment. Accordingly, we
are revising § 498.3(b)(17) to accurately
reflect our authority to deny or revoke
a provider or supplier’s Medicare
enrollment. Therefore, on page 20781
third column, lines 44 through 46, the
paragraph ‘‘The revocation of a provider
or supplier’s Medicare enrollment in
accordance to § 424.535 of this chapter’’
would be corrected to read ‘‘Whether to
deny or revoke a provider or supplier’s
Medicare enrollment in accordance with
§ 424.530 or § 424.535 of this chapter.’’
II. Waiver of Proposed Rulemaking
We ordinarily publish a notice of
proposed rulemaking in the Federal
Register to provide a period for public
comment before the provisions of a rule
take effect in accordance with section
553(b) of the Administrative Procedure
Act (APA) (5 U.S.C. 553(b)). However,
we can waive this notice and comment
procedure if the Secretary finds, for
good cause, that the notice and
comment process is impracticable,
unnecessary, or contrary to the public
interest, and incorporates a statement of
the finding and the reasons therefore in
the notice.
Our policy on the requirements for
providers and suppliers to establish and
maintain Medicare enrollment in the
April 21, 2006 final rule has previously
been subjected to notice and comment
procedures. This correction is consistent
with the discussion of this policy in the
April 21, 2006 final rule and does not
make a substantive change to this
policy. This correcting amendment
merely corrects a technical error in the
regulations text of the April 21, 2006
final rule. As a result, this correcting
amendment is intended to ensure that
the April 21, 2006 final rule accurately
reflects the policy adopted in this final
rule and does not contradict policy
found at § 424.530, which did not
receive any comments during the
original comment period. Therefore, we
find that undertaking further notice and
comment procedures to incorporate
these corrections into the final rule is
unnecessary.
III. Correction of Errors
Given the error summarized in section
I. of the correcting amendment, we are
making the following correcting
amendment to 42 CFR part 498:
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I
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15:09 Jun 29, 2006
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PART 498—APPEALS PROCEDURES
FOR DETERMINATIONS THAT AFFECT
PARTICIPATION IN THE MEDICARE
PROGRAM AND FOR
DETERMINATIONS THAT AFFECT THE
PARTICIPATION OF ICFs/MR AND
CERTAIN NFs IN THE MEDICAID
PROGRAM
Section 498.3 is amended by revising
paragraph (b)(17) to read as follows:
I
§ 498.3
[Corrected]
*
*
*
*
*
(b) * * *
(17) Whether to deny or revoke a
provider or supplier’s Medicare
enrollment in accordance with
§ 424.530 or § 424.535 of this chapter.
*
*
*
*
*
(Catalog of Federal Domestic Assistance
Program No. 93.773, Medicare—Hospital
Insurance; and Program No. 93.774,
Medicare—Supplementary Medical
Insurance Program)
Dated: June 27, 2006.
Ann Agnew,
Executive Secretary to the Department.
[FR Doc. E6–10290 Filed 6–29–06; 8:45 am]
BILLING CODE 4120–01–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 648
[Docket No. 050613158–5262–03; I.D.
090105A]
RIN 0648–AT48
Magnuson-Stevens Fishery
Conservation and Management Act
Provisions; Fisheries of the
Northeastern United States; Extension
of Emergency Fishery Closure Due to
the Presence of the Toxin that Causes
Paralytic Shellfish Poisoning
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; emergency
action; extension of effective period.
AGENCY:
SUMMARY: The regulations contained in
the temporary rule, emergency action,
published on October 18, 2005, at the
request of the U.S. Food and Drug
Administration (FDA) and that were
subsequently extended on December 28,
2005, expire on June 30, 2006. This
temporary rule extends the closure
through December 31, 2006. The FDA
has determined that current
oceanographic conditions and alga
PO 00000
Frm 00017
Fmt 4700
Sfmt 4700
37505
sampling data suggests that the northern
section of the Temporary Paralytic
Shellfish Poison (PSP) Closure Area
remain closed to the harvest of bivalve
molluscan shellfish and that the
southern area remain closed to the
harvest of whole or roe-on scallops.
DATES: The temporary emergency action
published on October 18, 2005 (70 FR
60450), is effective from October 18,
2005, through December 31, 2006.
ADDRESSES: Copies of the small entity
compliance guide, the emergency rule,
the environmental assessment, and the
regulatory impact review prepared for
the October 18, 2005, reinstatement of
the September 9, 2005, emergency
action and subsequent extensions of the
emergency action, are available from
Patricia A. Kurkul, Regional
Administrator, National Marine
Fisheries Service, One Blackburn Drive,
Gloucester, MA 01930. These
documents are also available via the
internet at www.nero.noaa.gov.
FOR FURTHER INFORMATION CONTACT:
Brian Hooker, Fishery Policy Analyst,
phone: (978) 281–9220, fax: (978) 281–
9135.
SUPPLEMENTARY INFORMATION:
Background
This emergency closure was
implemented at the request of the FDA
after samples of shellfish from the
inshore and offshore waters off of the
coasts of New Hampshire and
Massachusetts tested positive for the
toxins (saxotoxins) that cause Paralytic
Shellfish Poisoning (PSP). These toxins
are produced by the algae Alexandrium
fundyense that can form blooms
commonly referred to as red tides. Red
tide blooms, also known as harmful
algal blooms (HABs), can produce
toxins that accumulate in filter-feeding
shellfish. Shellfish contaminated with
the toxin, if eaten in large enough
quantity, can cause illness or death from
PSP.
On June 10, 2005, the FDA requested
that NMFS close an area of Federal
waters off the coasts of New Hampshire
and Massachusetts to fishing for bivalve
shellfish intended for human
consumption. On June 16, 2005, NMFS
published an emergency rule (70 FR
35047) closing the area recommended
by the FDA, i.e. the Temporary PSP
Closure Area, through September 30,
2005. On July 7, 2005 (70 FR 39192), the
emergency rule was modified to
facilitate the testing of shellfish for the
toxin that causes PSP by the FDA and/
or FDA-approved laboratories through
the issuance of a Letter of Authorization
(LOA) from the Regional Administrator.
On September 9, 2005 (70 FR 53580),
E:\FR\FM\30JNR1.SGM
30JNR1
37506
Federal Register / Vol. 71, No. 126 / Friday, June 30, 2006 / Rules and Regulations
mstockstill on PROD1PC61 with RULES
the emergency regulation was once
again modified by the division of the
Temporary PSP Closure Area into
northern and southern components. The
northern area remained closed to the
harvest of all bivalve molluscan
shellfish while the southern component
was reopened to the harvest of Atlantic
surfclams and ocean quahogs but
remained closed to the harvest of whole
or roe-on scallops. The rule was
extended as published on September 9,
2005, on October 3, 2005 (70 FR 57517),
reinstated on October 18, 2005 (70 FR
60450) to correct a technical error, and
extended on December 28, 2005 (70 FR
76713) through June 30, 2006. On June
15, 2006, the FDA indicated that they
could not support the re-opening of the
Temporary PSP Closure Area due to
insufficient analytical data from the
area. Sampling of the Temporary PSP
Closure Area is expected to occur in
July of 2006.
The boundaries of the northern
component of the temporary closure
area comprise Federal waters bound by
the following coordinates in the order
stated: (1) 43°00′ N. lat., 71°00′ W. long.;
(2) 43°00′ N. lat., 69°00′ W. long.; (3)
41°39′ N. lat., 69° 00′ W. long.; (4) 41°
39′ N. lat., 71°00′ W. long., and then
ending at the first point. Under this
emergency rule this area would remain
closed to the harvest of Atlantic
surfclams, ocean quahogs, and whole or
roe-on scallops. The boundaries of the
southern component of the temporary
closure area comprise Federal waters
bound by the following coordinates in
VerDate Aug<31>2005
15:09 Jun 29, 2006
Jkt 208001
the order stated: (1) 41° 39′ N. lat., 71°
00′ W. long.; (2) 41° 39′ N. lat., 69° 00′
W. long.; (3) 40° 00′ N. lat., 69° 00′ W.
long.; (4) 40° 00′ N. lat., 71° 00′ W. long.,
and then ending at the first point. Under
this temporary emergency rule this
southern component of the area would
remain closed only to the harvest of
whole or roe-on scallops.
Classification
This action is issued pursuant to
section 305(c) of the Magnuson-Stevens
Fishery Conservation and Management
Act, 16 U.S.C. 1855(c) (MagnusonStevens Act). The original emergency
closure was in response to a public
health emergency. Pursuant to section
305(c)(3)(C) of the Magnuson-Stevens
Act, the closure to the harvest of
shellfish, as modified on September 9,
2005, and re-instated on October 18,
2005, may remain in effect until the
circumstances that created the
emergency no longer exist, provided the
public has had an opportunity to
comment after the regulation was
published, and, in the case of a public
health emergency, the Secretary of
Health and Human Services concurs
with the Commerce Secretary′s action.
During the initial comment period, June
16, 2005, through August 1, 2005, no
comments were received. One comment
was received after the re-opening of the
southern component of the Temporary
PSP Closure Area on September 9, 2005.
The commenter expressed reluctance to
re-opening a portion of the closure area
without seeing the results of the FDA
PO 00000
Frm 00018
Fmt 4700
Sfmt 4700
tests. Data used to make determinations
regarding closing and opening of areas
to certain types of fishing activity are
collected from Federal, state, and
private laboratories. NOAA maintains a
Red Tide Information Center (https://
oceanservice.noaa.gov/redtide/) which
can be accessed directly or through the
website listed in the ADDRESSES section.
Information on test results, modeling of
algal bloom movement, and general
background on red tide can be accessed
through this information center. While
NMFS is the agency with the authority
to promulgate the emergency
regulations, it modified the regulations
on September 9, 2005, at the request of
the FDA, after the FDA has determined
that the results of its tests warranted
such action. If necessary, the regulations
may be terminated at an earlier date,
pursuant to section 305(c)(3)(D) of the
Magnuson-Stevens Act, by publication
in the Federal Register of a notice of
termination, or extended further to
ensure the safety of human health.
The rule, as last published on October
18, 2005, was determined to be not
significant for the purposes of Executive
Order (E.O.) 12866.
Authority: 16 U.S.C. 1801 et seq.
Dated: June 26, 2006.
John Oliver,
Deputy Assistant Administrator for
Operations, National Marine Fisheries
Service.
[FR Doc. 06–5936 Filed 6–27–06; 3:37 pm]
BILLING CODE 3510–22–S
E:\FR\FM\30JNR1.SGM
30JNR1
]]>Agencies
[Federal Register Volume 71, Number 126 (Friday, June 30, 2006)]
[Rules and Regulations]
[Pages 37505-37506]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 06-5936]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 050613158-5262-03; I.D. 090105A]
RIN 0648-AT48
Magnuson-Stevens Fishery Conservation and Management Act
Provisions; Fisheries of the Northeastern United States; Extension of
Emergency Fishery Closure Due to the Presence of the Toxin that Causes
Paralytic Shellfish Poisoning
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary rule; emergency action; extension of effective
period.
-----------------------------------------------------------------------
SUMMARY: The regulations contained in the temporary rule, emergency
action, published on October 18, 2005, at the request of the U.S. Food
and Drug Administration (FDA) and that were subsequently extended on
December 28, 2005, expire on June 30, 2006. This temporary rule extends
the closure through December 31, 2006. The FDA has determined that
current oceanographic conditions and alga sampling data suggests that
the northern section of the Temporary Paralytic Shellfish Poison (PSP)
Closure Area remain closed to the harvest of bivalve molluscan
shellfish and that the southern area remain closed to the harvest of
whole or roe-on scallops.
DATES: The temporary emergency action published on October 18, 2005
(70 FR 60450), is effective from October 18, 2005, through December 31,
2006.
ADDRESSES: Copies of the small entity compliance guide, the emergency
rule, the environmental assessment, and the regulatory impact review
prepared for the October 18, 2005, reinstatement of the September 9,
2005, emergency action and subsequent extensions of the emergency
action, are available from Patricia A. Kurkul, Regional Administrator,
National Marine Fisheries Service, One Blackburn Drive, Gloucester, MA
01930. These documents are also available via the internet at
www.nero.noaa.gov.
FOR FURTHER INFORMATION CONTACT: Brian Hooker, Fishery Policy Analyst,
phone: (978) 281-9220, fax: (978) 281-9135.
SUPPLEMENTARY INFORMATION:
Background
This emergency closure was implemented at the request of the FDA
after samples of shellfish from the inshore and offshore waters off of
the coasts of New Hampshire and Massachusetts tested positive for the
toxins (saxotoxins) that cause Paralytic Shellfish Poisoning (PSP).
These toxins are produced by the algae Alexandrium fundyense that can
form blooms commonly referred to as red tides. Red tide blooms, also
known as harmful algal blooms (HABs), can produce toxins that
accumulate in filter-feeding shellfish. Shellfish contaminated with the
toxin, if eaten in large enough quantity, can cause illness or death
from PSP.
On June 10, 2005, the FDA requested that NMFS close an area of
Federal waters off the coasts of New Hampshire and Massachusetts to
fishing for bivalve shellfish intended for human consumption. On June
16, 2005, NMFS published an emergency rule (70 FR 35047) closing the
area recommended by the FDA, i.e. the Temporary PSP Closure Area,
through September 30, 2005. On July 7, 2005 (70 FR 39192), the
emergency rule was modified to facilitate the testing of shellfish for
the toxin that causes PSP by the FDA and/or FDA-approved laboratories
through the issuance of a Letter of Authorization (LOA) from the
Regional Administrator. On September 9, 2005 (70 FR 53580),
[[Page 37506]]
the emergency regulation was once again modified by the division of the
Temporary PSP Closure Area into northern and southern components. The
northern area remained closed to the harvest of all bivalve molluscan
shellfish while the southern component was reopened to the harvest of
Atlantic surfclams and ocean quahogs but remained closed to the harvest
of whole or roe-on scallops. The rule was extended as published on
September 9, 2005, on October 3, 2005 (70 FR 57517), reinstated on
October 18, 2005 (70 FR 60450) to correct a technical error, and
extended on December 28, 2005 (70 FR 76713) through June 30, 2006. On
June 15, 2006, the FDA indicated that they could not support the re-
opening of the Temporary PSP Closure Area due to insufficient
analytical data from the area. Sampling of the Temporary PSP Closure
Area is expected to occur in July of 2006.
The boundaries of the northern component of the temporary closure
area comprise Federal waters bound by the following coordinates in the
order stated: (1) 43[deg]00' N. lat., 71[deg]00' W. long.; (2)
43[deg]00' N. lat., 69[deg]00' W. long.; (3) 41[deg]39' N. lat.,
69[deg] 00' W. long.; (4) 41[deg] 39' N. lat., 71[deg]00' W. long., and
then ending at the first point. Under this emergency rule this area
would remain closed to the harvest of Atlantic surfclams, ocean
quahogs, and whole or roe-on scallops. The boundaries of the southern
component of the temporary closure area comprise Federal waters bound
by the following coordinates in the order stated: (1) 41[deg] 39' N.
lat., 71[deg] 00' W. long.; (2) 41[deg] 39' N. lat., 69[deg] 00' W.
long.; (3) 40[deg] 00' N. lat., 69[deg] 00' W. long.; (4) 40[deg] 00'
N. lat., 71[deg] 00' W. long., and then ending at the first point.
Under this temporary emergency rule this southern component of the area
would remain closed only to the harvest of whole or roe-on scallops.
Classification
This action is issued pursuant to section 305(c) of the Magnuson-
Stevens Fishery Conservation and Management Act, 16 U.S.C. 1855(c)
(Magnuson-Stevens Act). The original emergency closure was in response
to a public health emergency. Pursuant to section 305(c)(3)(C) of the
Magnuson-Stevens Act, the closure to the harvest of shellfish, as
modified on September 9, 2005, and re-instated on October 18, 2005, may
remain in effect until the circumstances that created the emergency no
longer exist, provided the public has had an opportunity to comment
after the regulation was published, and, in the case of a public health
emergency, the Secretary of Health and Human Services concurs with the
Commerce Secretary's action. During the initial comment period, June
16, 2005, through August 1, 2005, no comments were received. One
comment was received after the re-opening of the southern component of
the Temporary PSP Closure Area on September 9, 2005. The commenter
expressed reluctance to re-opening a portion of the closure area
without seeing the results of the FDA tests. Data used to make
determinations regarding closing and opening of areas to certain types
of fishing activity are collected from Federal, state, and private
laboratories. NOAA maintains a Red Tide Information Center (https://
oceanservice.noaa.gov/redtide/) which can be accessed directly or
through the website listed in the ADDRESSES section. Information on
test results, modeling of algal bloom movement, and general background
on red tide can be accessed through this information center. While NMFS
is the agency with the authority to promulgate the emergency
regulations, it modified the regulations on September 9, 2005, at the
request of the FDA, after the FDA has determined that the results of
its tests warranted such action. If necessary, the regulations may be
terminated at an earlier date, pursuant to section 305(c)(3)(D) of the
Magnuson-Stevens Act, by publication in the Federal Register of a
notice of termination, or extended further to ensure the safety of
human health.
The rule, as last published on October 18, 2005, was determined to
be not significant for the purposes of Executive Order (E.O.) 12866.
Authority: 16 U.S.C. 1801 et seq.
Dated: June 26, 2006.
John Oliver,
Deputy Assistant Administrator for Operations, National Marine
Fisheries Service.
[FR Doc. 06-5936 Filed 6-27-06; 3:37 pm]
BILLING CODE 3510-22-S
