Fisheries of the Exclusive Economic Zone Off Alaska; Reallocation of Pollock in the Bering Sea and Aleutian Islands; Correction, 14994-14996 [2012-6198]
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Federal Register / Vol. 77, No. 50 / Wednesday, March 14, 2012 / Rules and Regulations
a substantial number of small rural
hospitals. This analysis must conform to
the provisions of section 604 of the
RFA. For purposes of section 1102(b) of
the Act, we define a small rural hospital
as a hospital that is located outside of
a metropolitan statistical area and has
fewer than 100 beds. We are not
preparing an analysis for section 1102(b)
of the Act because the Secretary has
determined that this final rule will not
have a significant impact on the
operations of a substantial number of
small rural hospitals.
Section 202 of the Unfunded
Mandates Reform Act of 1995 (UMRA)
also requires that agencies assess
anticipated costs and benefits before
issuing any rule whose mandates
require spending in any 1 year of $100
million, updated annually for inflation.
In 2011, that threshold is approximately
$136 million. This rule does not
mandate expenditures by State, local, or
tribal governments, in the aggregate, or
by the private sector, of $136 million;
therefore, no analysis is required.
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 E.O. 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 424
Emergency medical services, Health
facilities, Health professionals,
Medicare, Reporting and recordkeeping
requirements.
For the reasons set forth in the
preamble, the Centers for Medicare &
Medicaid Services amends 42 CFR
chapter IV as set forth below:
PART 424—CONDITIONS FOR
MEDICARE PAYMENT
1. The authority citation for part 424
continues to read as follows:
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■
Authority: Secs. 1102 and 1871 of the
Social Security Act (42 U.S.C. 1302 and
1395hh).
Subpart D—To Whom Payment Is
Ordinarily Made
§ 424.57
■
[Amended]
2. Section 424.57 is amended by—
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A. Removing the definition of ‘‘Direct
solicitation’’ in paragraph (a).
■ B. Revising paragraph (c)(1)(ii).
■ C. Removing paragraph (c)(1)(iii).
■ D. Revising paragraphs (c)(7)(i)(A) and
(c)(11).
■ E. In paragraph (c)(30)(ii)(B),
removing the phrase ‘‘Licensed nonphysician practitioners’’ and adding the
phrase ‘‘A physical or occupational
therapist’’ in its place.
The additions and revisions read as
follows:
■
§ 424.57 Special payment rules for items
furnished by DMEPOS suppliers and
issuance of DMEPOS supplier billing
privileges.
(c) * * *
(1) * * *
(ii) State licensure and regulatory
requirements. If a State requires
licensure to furnish certain items or
services, a DMEPOS supplier—
(A) Must be licensed to provide the
item or service; and
(B) May contract with a licensed
individual or other entity to provide the
licensed services unless expressly
prohibited by State law.
*
*
*
*
*
(7) * * *
(i) * * *
(A)(1) Except for orthotic and
prosthetic personnel described in
paragraph (c)(7)(i)(A)(2) of this section,
maintains a practice location that is at
least 200 square feet beginning—
(i) September 27, 2010 for a
prospective DMEPOS supplier;
(ii) The first day after termination of
an expiring lease for an existing
DMEPOS supplier with a lease that
expires on or after September 27, 2010
and before September 27, 2013; or
(iii) September 27, 2013, for an
existing DMEPOS supplier with a lease
that expires on or after September 27,
2013.
(2) Orthotic and prosthetic personnel
providing custom fabricated orthotics or
prosthetics in private practice do not
have to meet the practice location
requirements in paragraph (c)(7)(i)(A)(1)
of this section if the orthotic and
prosthetic personnel are—
(i) State-licensed; or
(ii) Practicing in a State that does not
offer State licensure for orthotic and
prosthetic personnel.
*
*
*
*
*
(11) Must agree not to contact a
beneficiary by telephone when
supplying a Medicare-covered item
unless one of the following applies:
(i) The individual has given written
permission to the supplier to contact
them by telephone concerning the
furnishing of a Medicare-covered item
that is to be rented or purchased.
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(ii) The supplier has furnished a
Medicare-covered item to the individual
and the supplier is contacting the
individual to coordinate the delivery of
the item.
(iii) If the contact concerns the
furnishing of a Medicare-covered item
other than a covered item already
furnished to the individual, the supplier
has furnished at least one covered item
to the individual during the 15-month
period preceding the date on which the
supplier makes such contact.
*
*
*
*
*
(Catalog of Federal Domestic Assistance
Program No. 93.773, Medicare—Hospital
Insurance; and Program No. 93.774,
Medicare—Supplementary Medical
Insurance Program)
Dated: January 11, 2012.
Marilyn Tavenner,
Acting Administrator, Centers for Medicare
& Medicaid Services.
Approved: February 21, 2012.
Kathleen Sebelius,
Secretary, Department of Health and Human
Services.
[FR Doc. 2012–5913 Filed 3–9–12; 4:15 pm]
BILLING CODE 4120–01–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 679
[Docket No. 111213751–2012–02]
RIN 0648–XB038
Fisheries of the Exclusive Economic
Zone Off Alaska; Reallocation of
Pollock in the Bering Sea and Aleutian
Islands; Correction
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; correction.
AGENCY:
NMFS is correcting a
temporary rule that published on
February 29, 2012, reallocating the
projected unused amounts of pollock
directed fishing allowances from the
Aleut Corporation and the Community
Development Quota from the Aleutian
Islands subarea to the Bering Sea
subarea directed fisheries. There are
errors in the table for the pollock
allocation in the Aleutian Island subarea
and the Bogoslof District.
DATES: Effective March 14, 2012 through
2400 hrs, A.l.t., December 31, 2012, and
is applicable beginning February 29,
2012.
SUMMARY:
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Federal Register / Vol. 77, No. 50 / Wednesday, March 14, 2012 / Rules and Regulations
FOR FURTHER INFORMATION CONTACT:
Steve Whitney, 907–586–7269.
SUPPLEMENTARY INFORMATION:
Need for Correction
NMFS published a reallocation of the
projected unused amount of pollock
directed fishing allowances from the
Aleut Corporation and from the
Community Development Quota from
the Aleutian Islands subarea to the
Bering Sea subarea directed fisheries, in
the Federal Register on Wednesday,
February 29, 2012 (77 FR 12214). In
Table 3, titled Final 2012 and 2013
Allocations of Pollock TACS to the
Directed Pollock Fisheries and to the
CDQ Directed Fishing Allowances, there
is an error on page 12215 in row 16 of
the third column. The 2012 A season
directed fishing allowance for the Aleut
Corporation is incorrectly specified as
‘‘15,500’’ metric tons (mt), instead of the
correct number of ‘‘5,000’’ mt. This
correction is necessary because the
incorrectly specified number exceeds
the Aleut Corporation’s annual 2012
directed fishing allowance of 5,000 mt
of pollock.
There is also an error on page 12215,
row 17, in columns two and six. The
2012 and 2013 Bogoslof District
incidental catch allowances (ICAs) were
incorrectly specified as ‘‘150’’ mt
instead of the correct ‘‘500’’ mt. These
corrections are necessary to provide
sufficient ICAs.
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
correction notice makes only minor
changes and does not change operating
practices in the fisheries. Corrections
should be made as soon as possible to
14995
avoid confusion for participants in the
fisheries.
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.
Correction
In rule FR Doc. 2012–4836 published
on February 29, 2012, (72 FR 12214)
make the following corrections:
1. On page 12215, in Table 3, row 16
(the row beginning ‘‘Aleut Corporation),
column 3, the entry ‘‘15,500’’ is
corrected to read ‘‘5,000’’.
2. Also, in row 17 (the row beginning
‘‘Bogoslof District ICA’’), in columns
two and six, the entry ‘‘150’’ is corrected
to read ‘‘500’’.
The following table is corrected and
reprinted in its entirety:
TABLE 3—FINAL 2012 AND 2013 ALLOCATIONS OF POLLOCK TACS TO THE DIRECTED POLLOCK FISHERIES AND TO THE
CDQ DIRECTED FISHING ALLOWANCES (DFA) 1
[Amounts are in metric tons]
2012 A season 1
Area and sector
2012
Allocations
A season
DFA
2012
B season 1
SCA harvest limit 2
B season
DFA
2013 A season 1
2013
Allocations
A season
DFA
2013
B season 1
SCA harvest limit 2
B season
DFA
1,212,400
121,900
32,400
529,050
423,240
387,265
35,975
2,116
105,810
n/a
48,760
n/a
211,620
169,296
154,906
14,390
846
42,324
n/a
34,132
n/a
148,134
118,507
n/a
n/a
n/a
29,627
n/a
73,140
n/a
317,430
253,944
232,359
21,585
1,270
63,486
1,201,900
120,190
32,451
524,629
419,703
384,029
35,675
2,099
104,926
n/a
48,076
n/a
209,852
167,881
153,611
14,270
839
41,970
n/a
33,653
n/a
146,896
117,517
n/a
n/a
n/a
29,379
n/a
72,114
n/a
314,778
251,822
230,417
21,405
1,259
62,956
185,168
n/a
n/a
n/a
183,620
n/a
n/a
n/a
317,430
n/a
n/a
n/a
314,778
n/a
n/a
n/a
Total Bering Sea DFA
1,058,100
423,240
296,268
634,860
1,049,259
419,703
293,792
629,555
Aleutian Islands subarea 1
CDQ DFA .........................
ICA ...................................
Aleut Corporation .............
Bogoslof District ICA 7 ......
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Bering Sea subarea .........
CDQ DFA .........................
ICA 1 .................................
AFA Inshore .....................
AFA Catcher/Processors 3
Catch by C/Ps ..................
Catch by CVs 3 .................
Unlisted C/P Limit 4 ..........
AFA Motherships .............
Excessive Harvesting
Limit 5 ............................
Excessive Processing
Limit 6 ............................
6,600
0
1,600
5,000
500
n/a
0
800
5,000
n/a
n/a
n/a
n/a
n/a
n/a
n/a
0
800
0
n/a
19,000
1,900
1,600
15,500
500
n/a
760
800
15,500
n/a
n/a
n/a
n/a
n/a
n/a
n/a
1,140
800
0
n/a
1 Pursuant to § 679.20(a)(5)(i)(A), the BS subarea pollock, after subtracting the CDQ DFA (10 percent) and the ICA (3 percent), is allocated as
a DFA as follows: inshore sector—50 percent, catcher/processor sector (C/P)—40 percent, and mothership sector—10 percent. In the BS subarea, 40 percent of the DFA is allocated to the A season (January 20–June 10) and 60 percent of the DFA is allocated to the B season (June
10–November 1). Pursuant to § 679.20(a)(5)(iii)(B)(2)(i) and (ii), the annual AI pollock TAC, after subtracting first for the CDQ directed fishing allowance (10 percent) and second the ICA (1,600 mt), is allocated to the Aleut Corporation for a directed pollock fishery. In the AI subarea, the A
season is allocated 40 percent of the ABC and the B season is allocated the remainder of the directed pollock fishery.
2 In the BS subarea, no more than 28 percent of each sector’s annual DFA may be taken from the SCA before April 1. The remaining 12 percent of the annual DFA allocated to the A season may be taken outside of SCA before April 1 or inside the SCA after April 1. If less than 28 percent of the annual DFA is taken inside the SCA before April 1, the remainder will be available to be taken inside the SCA after April 1.
3 Pursuant to § 679.20(a)(5)(i)(A)(4), not less than 8.5 percent of the DFA allocated to listed catcher/processors shall be available for harvest
only by eligible catcher vessels delivering to listed catcher/processors.
4 Pursuant to § 679.20(a)(5)(i)(A)(4)(iii), the AFA unlisted catcher/processors are limited to harvesting not more than 0.5 percent of the catcher/
processors sector’s allocation of pollock.
5 Pursuant to § 679.20(a)(5)(i)(A)(6), NMFS establishes an excessive harvesting share limit equal to 17.5 percent of the sum of the non-CDQ
pollock DFAs.
6 Pursuant to § 679.20(a)(5)(i)(A)(7), NMFS establishes an excessive processing share limit equal to 30.0 percent of the sum of the non-CDQ
pollock DFAs.
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14996
Federal Register / Vol. 77, No. 50 / Wednesday, March 14, 2012 / Rules and Regulations
7 The Bogoslof District is closed by the final harvest specifications to directed fishing for pollock. The amounts specified are for ICA only and
are not apportioned by season or sector.
Note: Seasonal or sector apportionments may not total precisely due to rounding.
Authority: 16 U.S.C. 1801 et seq.
Dated: March 9, 2012.
Steven Thur,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2012–6198 Filed 3–13–12; 8:45 am]
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]]>Agencies
[Federal Register Volume 77, Number 50 (Wednesday, March 14, 2012)]
[Rules and Regulations]
[Pages 14994-14996]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-6198]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[Docket No. 111213751-2012-02]
RIN 0648-XB038
Fisheries of the Exclusive Economic Zone Off Alaska; Reallocation
of Pollock in the Bering Sea and Aleutian Islands; Correction
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary rule; correction.
-----------------------------------------------------------------------
SUMMARY: NMFS is correcting a temporary rule that published on February
29, 2012, reallocating the projected unused amounts of pollock directed
fishing allowances from the Aleut Corporation and the Community
Development Quota from the Aleutian Islands subarea to the Bering Sea
subarea directed fisheries. There are errors in the table for the
pollock allocation in the Aleutian Island subarea and the Bogoslof
District.
DATES: Effective March 14, 2012 through 2400 hrs, A.l.t., December 31,
2012, and is applicable beginning February 29, 2012.
[[Page 14995]]
FOR FURTHER INFORMATION CONTACT: Steve Whitney, 907-586-7269.
SUPPLEMENTARY INFORMATION:
Need for Correction
NMFS published a reallocation of the projected unused amount of
pollock directed fishing allowances from the Aleut Corporation and from
the Community Development Quota from the Aleutian Islands subarea to
the Bering Sea subarea directed fisheries, in the Federal Register on
Wednesday, February 29, 2012 (77 FR 12214). In Table 3, titled Final
2012 and 2013 Allocations of Pollock TACS to the Directed Pollock
Fisheries and to the CDQ Directed Fishing Allowances, there is an error
on page 12215 in row 16 of the third column. The 2012 A season directed
fishing allowance for the Aleut Corporation is incorrectly specified as
``15,500'' metric tons (mt), instead of the correct number of ``5,000''
mt. This correction is necessary because the incorrectly specified
number exceeds the Aleut Corporation's annual 2012 directed fishing
allowance of 5,000 mt of pollock.
There is also an error on page 12215, row 17, in columns two and
six. The 2012 and 2013 Bogoslof District incidental catch allowances
(ICAs) were incorrectly specified as ``150'' mt instead of the correct
``500'' mt. These corrections are necessary to provide sufficient ICAs.
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 correction notice makes only minor changes and
does not change operating practices in the fisheries. Corrections
should be made as soon as possible to avoid confusion for participants
in the fisheries.
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.
Correction
In rule FR Doc. 2012-4836 published on February 29, 2012, (72 FR
12214) make the following corrections:
1. On page 12215, in Table 3, row 16 (the row beginning ``Aleut
Corporation), column 3, the entry ``15,500'' is corrected to read
``5,000''.
2. Also, in row 17 (the row beginning ``Bogoslof District ICA''),
in columns two and six, the entry ``150'' is corrected to read ``500''.
The following table is corrected and reprinted in its entirety:
Table 3--Final 2012 and 2013 Allocations of Pollock Tacs to the Directed Pollock Fisheries and to the CDQ Directed Fishing Allowances (DFA) \1\
[Amounts are in metric tons]
--------------------------------------------------------------------------------------------------------------------------------------------------------
2012 A season \1\ 2012 B 2013 A season \1\ 2013 B
-------------------------- season \1\ -------------------------- season \1\
Area and sector 2012 ------------- 2013 ------------
Allocations A season SCA harvest B season Allocations A season SCA harvest B season
DFA limit \2\ DFA DFA limit \2\ DFA
--------------------------------------------------------------------------------------------------------------------------------------------------------
Bering Sea subarea.............................. 1,212,400 n/a n/a n/a 1,201,900 n/a n/a n/a
CDQ DFA......................................... 121,900 48,760 34,132 73,140 120,190 48,076 33,653 72,114
ICA \1\......................................... 32,400 n/a n/a n/a 32,451 n/a n/a n/a
AFA Inshore..................................... 529,050 211,620 148,134 317,430 524,629 209,852 146,896 314,778
AFA Catcher/Processors \3\...................... 423,240 169,296 118,507 253,944 419,703 167,881 117,517 251,822
Catch by C/Ps................................... 387,265 154,906 n/a 232,359 384,029 153,611 n/a 230,417
Catch by CVs \3\................................ 35,975 14,390 n/a 21,585 35,675 14,270 n/a 21,405
Unlisted C/P Limit \4\.......................... 2,116 846 n/a 1,270 2,099 839 n/a 1,259
AFA Motherships................................. 105,810 42,324 29,627 63,486 104,926 41,970 29,379 62,956
Excessive Harvesting Limit \5\.................. 185,168 n/a n/a n/a 183,620 n/a n/a n/a
Excessive Processing Limit \6\.................. 317,430 n/a n/a n/a 314,778 n/a n/a n/a
-------------------------------------------------------------------------------------------------------
Total Bering Sea DFA........................ 1,058,100 423,240 296,268 634,860 1,049,259 419,703 293,792 629,555
-------------------------------------------------------------------------------------------------------
Aleutian Islands subarea \1\.................... 6,600 n/a n/a n/a 19,000 n/a n/a n/a
CDQ DFA......................................... 0 0 n/a 0 1,900 760 n/a 1,140
ICA............................................. 1,600 800 n/a 800 1,600 800 n/a 800
Aleut Corporation............................... 5,000 5,000 n/a 0 15,500 15,500 n/a 0
Bogoslof District ICA \7\....................... 500 n/a n/a n/a 500 n/a n/a n/a
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Pursuant to Sec. 679.20(a)(5)(i)(A), the BS subarea pollock, after subtracting the CDQ DFA (10 percent) and the ICA (3 percent), is allocated as a
DFA as follows: inshore sector--50 percent, catcher/processor sector (C/P)--40 percent, and mothership sector--10 percent. In the BS subarea, 40
percent of the DFA is allocated to the A season (January 20-June 10) and 60 percent of the DFA is allocated to the B season (June 10-November 1).
Pursuant to Sec. 679.20(a)(5)(iii)(B)(2)(i) and (ii), the annual AI pollock TAC, after subtracting first for the CDQ directed fishing allowance (10
percent) and second the ICA (1,600 mt), is allocated to the Aleut Corporation for a directed pollock fishery. In the AI subarea, the A season is
allocated 40 percent of the ABC and the B season is allocated the remainder of the directed pollock fishery.
\2\ In the BS subarea, no more than 28 percent of each sector's annual DFA may be taken from the SCA before April 1. The remaining 12 percent of the
annual DFA allocated to the A season may be taken outside of SCA before April 1 or inside the SCA after April 1. If less than 28 percent of the annual
DFA is taken inside the SCA before April 1, the remainder will be available to be taken inside the SCA after April 1.
\3\ Pursuant to Sec. 679.20(a)(5)(i)(A)(4), not less than 8.5 percent of the DFA allocated to listed catcher/processors shall be available for harvest
only by eligible catcher vessels delivering to listed catcher/processors.
\4\ Pursuant to Sec. 679.20(a)(5)(i)(A)(4)(iii), the AFA unlisted catcher/processors are limited to harvesting not more than 0.5 percent of the
catcher/processors sector's allocation of pollock.
\5\ Pursuant to Sec. 679.20(a)(5)(i)(A)(6), NMFS establishes an excessive harvesting share limit equal to 17.5 percent of the sum of the non-CDQ
pollock DFAs.
\6\ Pursuant to Sec. 679.20(a)(5)(i)(A)(7), NMFS establishes an excessive processing share limit equal to 30.0 percent of the sum of the non-CDQ
pollock DFAs.
[[Page 14996]]
\7\ The Bogoslof District is closed by the final harvest specifications to directed fishing for pollock. The amounts specified are for ICA only and are
not apportioned by season or sector.
Note: Seasonal or sector apportionments may not total precisely due to rounding.
Authority: 16 U.S.C. 1801 et seq.
Dated: March 9, 2012.
Steven Thur,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2012-6198 Filed 3-13-12; 8:45 am]
BILLING CODE 3510-22-P
