Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod in the Bering Sea and Aleutian Islands Management Area, 69597-69598 [2010-28672]

Download as PDF Federal Register / Vol. 75, No. 219 / Monday, November 15, 2010 / Rules and Regulations operations of a substantial number of small rural hospitals. Section 202 of the Unfunded Mandates Reform Act of 1995 also requires that agencies assess anticipated costs and benefits before issuing any rule whose mandates require spending in any 1 year of $100 million in 1995 dollars, updated annually for inflation. In 2010, that threshold is approximately $135 million. This rule will not have consequential effect on State, local, or tribal governments or on the private sector. Executive Order 13132 establishes certain requirements that an agency must meet when it promulgates 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. Since this regulation does not impose any costs on State or local governments, the requirements of Executive Order 13132 are not applicable. In accordance with the provisions of Executive Order 12866, this regulation was reviewed by the Office of Management and Budget. 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 amends 42 CFR chapter IV as set forth below: PART 447—PAYMENT FOR SERVICES 1. The authority citation for part 447 continues to read as follows: ■ Authority: Sec. 1102 of the Social Security Act (42 U.S.C. 1302). Subpart I—Payment for Drugs 2. Section 447.502 is amended by removing the definition of ‘‘multiple source drug.’’ ■ § 447.504 [Removed and reserved] 3. Section 447.504 is removed and reserved. ■ 4. Section 447.510 is amended by— ■ A. Republishing paragraph (a) introductory text. ■ B. Revising paragraphs (a)(1), (c)(2)(i), and (d)(2). The revisions read as follows: jdjones on DSK8KYBLC1PROD with RULES ■ § 447.510 Requirements for manufacturers. 15:26 Nov 12, 2010 § 447.512 Drugs: Aggregate upper limits of payment. (a) [Reserved] (b) Other drugs. The agency payments for brand name drugs certified in accordance with paragraph (c) of this section and drugs other than multiple source drugs for which a specific limit has been established must not exceed, in the aggregate, payments levels that the agency has determined by applying the lower of the—. * * * * * (c) Certification of brand name drugs. (1) The upper limit for payment for multiple source drugs for which a specific limit has been established does not apply if a physician certifies in his or her own handwriting (or by an electronic alternative means approved by the Secretary) that a specific brand is medically necessary for a particular recipient. (2) The agency must decide what certification form and procedure are used. (3) A check-off box on a form is not acceptable but a notation like ‘‘brand necessary’’ is allowable. (4) The agency may allow providers to keep the certification forms if the forms will be available for inspection by the agency or HHS. § 447.514 (a) Quarterly reports. A manufacturer must report product and pricing VerDate Mar<15>2010 information for covered outpatient drugs to CMS not later than 30 days after the end of the rebate period. The quarterly pricing report must include: (1) AMP, calculated in accordance with section 1927(k)(1) of the Social Security Act. * * * * * (c) * * * (2) * * * (i) A manufacturer’s recalculation of the base date AMP must only reflect the revisions to AMP as provided for in section 1927(k)(1) of the Social Security Act. * * * * * (d) * * * (2) Calculation of monthly AMP. Monthly AMP should be calculated based on section 1927(k)(1) of the Social Security Act, except the period covered should be based on monthly, as opposed to quarterly AMP sales. * * * * * ■ 5. Section 447.512 is amended by— ■ A. Removing and reserving paragraph (a). ■ B. Revising the introductory text of paragraph (b). ■ C. Revising paragraph (c). The revisions read as follows: Jkt 223001 [Removed and reserved] 6. Section 447.514 is removed and reserved. ■ PO 00000 Frm 00023 Fmt 4700 Sfmt 4700 69597 7. Section 447.518 is amended by revising paragraphs (b)(1)(i) and (b)(2) to read as follows: ■ § 447.518 State plan requirements, findings and assurances. * * * * * (b) * * * (1) * * * (i) In the aggregate, its Medicaid expenditures for multiple source drugs are in accordance with the established upper limits. * * * * * (2) Assurances. The agency must make assurances satisfactory to CMS that the requirements set forth in § 447.512 of this subpart concerning upper limits and in paragraph (b)(1) of this section concerning agency findings are met. * * * * * Authority: (Catalog of Federal Domestic Assistance Program No. 93.778, Medical Assistance Program). Dated: October 20, 2010. Donald M. Berwick, Administrator, Centers for Medicare & Medicaid Services. Approved: November 3, 2010. Kathleen Sebelius, Secretary. [FR Doc. 2010–28649 Filed 11–9–10; 4:15 pm] BILLING CODE 4120–01–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 679 [Docket No. 0910131363–0087–02] RIN 0648–XA038 Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod in the Bering Sea and Aleutian Islands Management Area National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; closure. AGENCY: NMFS is prohibiting retention of Pacific cod in the Bering Sea and Aleutian Islands Management Area (BSAI) by vessels participating in the Amendment 80 limited access fisheries. This action is necessary to prevent exceeding the 2010 total allowable catch (TAC) of Pacific cod in the BSAI. DATES: Effective 1200 hrs, Alaska local time (A.l.t.), November 9, 2010, through 2400 hrs, A.l.t., December 31, 2010. SUMMARY: E:\FR\FM\15NOR1.SGM 15NOR1 69598 Federal Register / Vol. 75, No. 219 / Monday, November 15, 2010 / Rules and Regulations Authority: 16 U.S.C. 1801 et seq. FOR FURTHER INFORMATION CONTACT: jdjones on DSK8KYBLC1PROD with RULES Steve Whitney, 907–586–7269. SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fishery in the BSAI exclusive economic zone according to the Fishery Management Plan for Groundfish of the Bering Sea and Aleutian Islands Management Area (FMP) prepared by the North Pacific Fishery Management Council under authority of the Magnuson-Stevens 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 2010 Pacific cod TAC allocated to the Amendment 80 limited access sector in the BSAI is 3,319 metric tons as established by the final 2010 and 2011 harvest specifications for groundfish in the BSAI (75 FR 11778, March 12, 2010). In accordance with § 679.20(d)(1)(i), the Administrator, Alaska Region, NMFS (Regional Administrator), has determined that the 2010 TAC of Pacific cod in the BSAI allocated to the Amendment 80 limited access sector has been reached. Therefore, in accordance with § 679.21(b), NMFS is requiring that Pacific cod caught in the BSAI be treated as prohibited species by vessels participating in the Amendment 80 limited access fisheries. 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 requirement is impracticable and contrary to the public interest. This requirement is impracticable and contrary to the public interest as it would prevent NMFS from responding to the most recent fisheries data in a timely fashion and would delay prohibiting the retention of Pacific cod by Amendment 80 limited access vessels in the BSAI. NMFS was unable to publish a notice providing time for public comment because the most recent, relevant data only became available as of November 8, 2010. The AA also finds good cause to waive the 30-day delay in the effective date of this action under 5 U.S.C. 553(d)(3). This finding is based upon the reasons provided above for waiver of prior notice and opportunity for public comment. This action is required by § 679.20 and § 679.21 and is exempt from review under Executive Order 12866. VerDate Mar<15>2010 15:26 Nov 12, 2010 Jkt 223001 Dated: November 9, 2010. Brian Parker, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2010–28672 Filed 11–9–10; 4:15 pm] BILLING CODE 3510–22–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 679 [Docket No. 0910131363–0087–02] RIN 0648–XA032 Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Ocean Perch by Vessels in the Amendment 80 Limited Access Fishery in the Central Aleutian District of the Bering Sea and Aleutian Islands Management Area National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; closure. AGENCY: NMFS is prohibiting directed fishing for Pacific ocean perch by vessels participating in the Amendment 80 limited access fishery in the Central Aleutian District of the Bering Sea and Aleutian Islands management area (BSAI). This action is necessary to prevent exceeding the 2010 Pacific ocean perch total allowable catch specified for vessels participating in the Amendment 80 limited access fishery in the Central Aleutian District of the BSAI. SUMMARY: Effective 1200 hrs, Alaska local time (A.l.t.), November 10, 2010, through 2400 hrs, A.l.t., December 31, 2010. DATES: FOR FURTHER INFORMATION CONTACT: Steve Whitney, 907–586–7269. NMFS manages the groundfish fishery in the BSAI exclusive economic zone according to the Fishery Management Plan for Groundfish of the Bering Sea and Aleutian Islands Management Area (FMP) prepared by the North Pacific Fishery Management Council under authority of the Magnuson-Stevens 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 2010 Pacific ocean perch TAC specified for vessels participating in the Amendment 80 limited access fishery in SUPPLEMENTARY INFORMATION: PO 00000 Frm 00024 Fmt 4700 Sfmt 4700 the Central Aleutian District of the BSAI is 1,796 metric tons (mt) as established by the final 2010 and 2011 harvest specifications for groundfish in the BSAI (75 FR 11778, March 12, 2010). In accordance with § 679.20(d)(1)(i), the Regional Administrator has determined that the 2010 Pacific ocean perch TAC specified for vessels participating in the Amendment 80 limited access fishery in the Central Aleutian District of the BSAI will soon be reached. Therefore, the Regional Administrator is establishing a directed fishing allowance of 1,786 mt and is setting aside the remaining 10 mt as incidental catch to support other groundfish fisheries. In accordance with § 679.20(d)(1)(iii), the Regional Administrator finds that this directed fishing allowance has been reached. Consequently, NMFS is prohibiting directed fishing for Pacific ocean perch by vessels participating in the Amendment 80 limited access fishery in the Central Aleutian District of the BSAI. After the effective date of this closure the maximum retainable amounts at § 679.20(e) and (f) apply at any time during a trip. 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 requirement is impracticable and contrary to the public interest. This requirement is impracticable and contrary to the public interest as it would prevent NMFS from responding to the most recent fisheries data in a timely fashion and would delay the closure of Pacific ocean perch by vessels participating in the Amendment 80 limited access fishery in the Central Aleutian District of the BSAI. NMFS was unable to publish a notice providing time for public comment because the most recent, relevant data only became available as of November 8, 2010. The AA also finds good cause to waive the 30-day delay in the effective date of this action under 5 U.S.C. 553(d)(3). This finding is based upon the reasons provided above for waiver of prior notice and opportunity for public comment. This action is required by § 679.20 and is exempt from review under Executive Order 12866. Authority: 16 U.S.C. 1801 et seq. E:\FR\FM\15NOR1.SGM 15NOR1

Agencies

[Federal Register Volume 75, Number 219 (Monday, November 15, 2010)]
[Rules and Regulations]
[Pages 69597-69598]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-28672]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 0910131363-0087-02]
RIN 0648-XA038


Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod 
in the Bering Sea and Aleutian Islands Management Area

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

ACTION: Temporary rule; closure.

-----------------------------------------------------------------------

SUMMARY: NMFS is prohibiting retention of Pacific cod in the Bering Sea 
and Aleutian Islands Management Area (BSAI) by vessels participating in 
the Amendment 80 limited access fisheries. This action is necessary to 
prevent exceeding the 2010 total allowable catch (TAC) of Pacific cod 
in the BSAI.

DATES: Effective 1200 hrs, Alaska local time (A.l.t.), November 9, 
2010, through 2400 hrs, A.l.t., December 31, 2010.

[[Page 69598]]


FOR FURTHER INFORMATION CONTACT: Steve Whitney, 907-586-7269.

SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fishery in the 
BSAI exclusive economic zone according to the Fishery Management Plan 
for Groundfish of the Bering Sea and Aleutian Islands Management Area 
(FMP) prepared by the North Pacific Fishery Management Council under 
authority of the Magnuson-Stevens 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 2010 Pacific cod TAC allocated to the Amendment 80 limited 
access sector in the BSAI is 3,319 metric tons as established by the 
final 2010 and 2011 harvest specifications for groundfish in the BSAI 
(75 FR 11778, March 12, 2010).
    In accordance with Sec.  679.20(d)(1)(i), the Administrator, Alaska 
Region, NMFS (Regional Administrator), has determined that the 2010 TAC 
of Pacific cod in the BSAI allocated to the Amendment 80 limited access 
sector has been reached. Therefore, in accordance with Sec.  679.21(b), 
NMFS is requiring that Pacific cod caught in the BSAI be treated as 
prohibited species by vessels participating in the Amendment 80 limited 
access fisheries.

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 requirement is impracticable and 
contrary to the public interest. This requirement is impracticable and 
contrary to the public interest as it would prevent NMFS from 
responding to the most recent fisheries data in a timely fashion and 
would delay prohibiting the retention of Pacific cod by Amendment 80 
limited access vessels in the BSAI. NMFS was unable to publish a notice 
providing time for public comment because the most recent, relevant 
data only became available as of November 8, 2010.
    The AA also finds good cause to waive the 30-day delay in the 
effective date of this action under 5 U.S.C. 553(d)(3). This finding is 
based upon the reasons provided above for waiver of prior notice and 
opportunity for public comment.
    This action is required by Sec.  679.20 and Sec.  679.21 and is 
exempt from review under Executive Order 12866.

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

    Dated: November 9, 2010.
Brian Parker,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2010-28672 Filed 11-9-10; 4:15 pm]
BILLING CODE 3510-22-P