Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 2015 Commercial Accountability Measure and Closure for South Atlantic Gray Triggerfish, 25966-25967 [2015-10595]
Download as PDF
<![CDATA[
25966
Federal Register / Vol. 80, No. 87 / Wednesday, May 6, 2015 / Rules and Regulations
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 IFC was reviewed by the
Office of Management and Budget.
List of Subjects in 42 CFR Part 423
Administrative practice and
procedure, Emergency medical services,
Health facilities, Health maintenance
organizations (HMO), Health
professionals, Medicare, Penalties,
Privacy, Reporting and recordkeeping
requirements.
For the reasons stated in the preamble
of this interim final rule with comment
period, the Centers for Medicare &
Medicaid Services amends 42 CFR part
423 as follows:
PART 423—VOLUNTARY MEDICARE
PRESCRIPTION DRUG PROGRAM
1. The authority citation for part 423
continues to read as follows:
■
Authority: Secs. 1102, 1106, 1860D–1
through 1860D–42, and 1871 of the Social
Security Act (42 U.S.C. 1302, 1306, 1395w–
101 through 1395w–152, and 1395hh).
2. Amend § 423.100 by adding a
definition of ‘‘Other authorized
prescriber’’ in alphabetical order to read
as follows:
■
§ 423.100
Definitions.
*
*
*
*
*
Other authorized prescriber means,
for purposes of § 423.120(c)(6) only, an
individual other than a physician (as
defined in section 1861(r) of the Act) or
eligible professional (as defined in
section 1848(k)(3)(B) of the Act) who is
authorized under State or other
applicable law to write prescriptions.
*
*
*
*
*
■ 3. Amend § 423.120 by revising
paragraphs (c)(5) introductory text and
(c)(6) to read as follows:
§ 423.120
Access to covered Part D drugs.
tkelley on DSK3SPTVN1PROD with RULES
*
*
*
*
*
(c) * * *
*
*
*
*
*
(5) Before January 1, 2016, the
following are applicable:
*
*
*
*
*
(6) Beginning January 1, 2016, the
following are applicable:
(i) A Part D plan sponsor must reject,
or must require its pharmaceutical
benefit manager (PBM) to reject, a
pharmacy claim for a Part D drug unless
the claim contains the active and valid
National Provider Identifier (NPI) of the
prescriber who prescribed the drug.
VerDate Sep<11>2014
18:11 May 05, 2015
Jkt 235001
(ii)(A) Except as provided in
paragraph (c)(6)(v) of this section, a Part
D plan sponsor must reject, or must
require its PBM to reject, a pharmacy
claim for a Part D drug unless the
physician or, when permitted by
applicable State law, the eligible
professional (as defined in section
1848(k)(3)(B) of the Act) who prescribed
the drug—
(1) Is enrolled in the Medicare
program in an approved status; or
(2) Has a valid opt-out affidavit on file
with a Part A/B Medicare
Administrative Contractor (MAC).
(B) Pharmacy claims for Part D drugs
prescribed by an other authorized
prescriber (as defined in § 423.100) are
not subject to the requirements specified
in paragraph (c)(6)(ii)(A) of this section.
(iii) Except as provided in paragraph
(c)(6)(v) of this section, a Part D plan
sponsor must deny, or must require its
PBM to deny, a request for
reimbursement from a Medicare
beneficiary unless the request pertains
to a Part D drug that was prescribed
by—
(A) A physician or, when permitted
by applicable State law, other eligible
professional (as defined in section
1848(k)(3)(B) of the Act) who is
identified by name in the request and
who—
(1) Is enrolled in Medicare in an
approved status; or
(2) Has a valid opt-out affidavit on file
with a Part A/B MAC; or
(B) An other authorized prescriber (as
defined in § 423.100) who is identified
by name in the request.
(iv) A Part D plan sponsor submitting
a prescription drug event (PDE) to CMS
must include on the PDE the active and
valid individual NPI of the prescriber of
the drug, who must—
(A)(1) Be enrolled in Medicare in an
approved status, or
(2) Have a valid opt out affidavit on
file with a Part A/B MAC; or
(B) Be an other authorized prescriber
(as defined in § 423.100).
(v)(A) A Part D sponsor or its PBM
must not reject a pharmacy claim for a
Part D drug under paragraph (c)(6)(ii) of
the section or deny a request for
reimbursement under paragraph
(c)(6)(iii) of this section unless the
sponsor has provided the provisional
coverage of the drug and written notice
to the beneficiary required by paragraph
(c)(6)(v)(B) of this section.
(B) Upon receipt of a pharmacy claim
or beneficiary request for
reimbursement for a Part D drug that a
Part D sponsor would otherwise be
required to reject or deny in accordance
with paragraphs (c)(6)(ii) or (iii) of this
PO 00000
Frm 00070
Fmt 4700
Sfmt 4700
section, a Part D sponsor or its PBM
must do the following:
(1) Provide the beneficiary with the
following, subject to all other Part D
rules and plan coverage requirements:
(i) A 3-month provisional supply of
the drug (as prescribed by the prescriber
and if allowed by applicable law).
(ii) Written notice within 3 business
days after adjudication of the claim or
request in a form and manner specified
by CMS.
(2) Ensure that reasonable efforts are
made to notify the prescriber of a
beneficiary who was sent a notice under
paragraph (c)(6)(v)(B)(1)(ii) of this
section.
*
*
*
*
*
Dated: April 17, 2015.
Andrew M. Slavitt,
Acting Administrator, Centers for Medicare
& Medicaid Services.
Dated: April 29, 2015.
Sylvia M. Burwell,
Secretary, Department of Health and Human
Services.
[FR Doc. 2015–10545 Filed 5–1–15; 4:15 pm]
BILLING CODE 4120–01–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 622
[Docket No. 120815345–3525–02]
RIN 0648–XD901
Fisheries of the Caribbean, Gulf of
Mexico, and South Atlantic; 2015
Commercial Accountability Measure
and Closure for South Atlantic Gray
Triggerfish
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; closure.
AGENCY:
NMFS implements
accountability measures for commercial
gray triggerfish in the exclusive
economic zone (EEZ) of the South
Atlantic. NMFS projects commercial
landings for gray triggerfish, will reach
the commercial annual catch limit
(ACL) on May 8, 2015. Therefore, NMFS
is closing the commercial sector for gray
triggerfish in the South Atlantic EEZ on
May 8, 2015, and it will remain closed
until NMFS announces the start of the
next fishing season. This closure is
necessary to protect the gray triggerfish
resource.
DATES: This rule is effective 12:01 a.m.,
local time, May 8, 2015, until NMFS
SUMMARY:
E:\FR\FM\06MYR1.SGM
06MYR1
tkelley on DSK3SPTVN1PROD with RULES
Federal Register / Vol. 80, No. 87 / Wednesday, May 6, 2015 / Rules and Regulations
announces the start of the next fishing
season by publishing a document in the
Federal Register.
FOR FURTHER INFORMATION CONTACT:
Catherine Hayslip, NMFS Southeast
Regional Office, telephone: 727–824–
5305, email: catherine.hayslip@
noaa.gov.
SUPPLEMENTARY INFORMATION: The
snapper-grouper fishery of the South
Atlantic includes gray triggerfish and is
managed under the Fishery
Management Plan for the SnapperGrouper Fishery of the South Atlantic
Region (FMP). The FMP was prepared
by the South Atlantic Fishery
Management Council and is
implemented by NMFS under the
authority of the Magnuson-Stevens
Fishery Conservation and Management
Act (Magnuson-Stevens Act) by
regulations at 50 CFR part 622.
The commercial ACL for gray
triggerfish in the South Atlantic is
272,880 lb (123,776 kg), round weight,
for the current fishing year, January 1
through December 31, 2015, as specified
in 50 CFR 622.193(q)(1)(i).
Under 50 CFR 622.193(q)(1)(i), NMFS
is required to close the commercial
sector for gray triggerfish when the
commercial ACL is reached, or is
projected to be reached, by filing a
notification to that effect with the Office
of the Federal Register. NMFS has
determined that the commercial ACL for
South Atlantic gray triggerfish will be
reached on May 8, 2015. Accordingly,
the commercial sector for South Atlantic
gray triggerfish is closed effective 12:01
a.m., local time, May 8, 2015, until
NMFS announces the start of the next
fishing season.
The operator of a vessel with a valid
commercial vessel permit for South
Atlantic snapper-grouper having gray
triggerfish on board must have landed
and bartered, traded, or sold such gray
triggerfish prior to 12:01 a.m., local
time, May 8, 2015. During the closure,
the bag limit specified in 50 CFR
622.187(b)(8), applies to all harvest or
possession of gray triggerfish in or from
the South Atlantic EEZ. During the
closure, the possession limits specified
in 50 CFR 622.187(c), apply to all
harvest or possession of gray triggerfish
in or from the South Atlantic EEZ.
During the closure, the sale or purchase
of gray triggerfish taken from the South
Atlantic EEZ is prohibited.
For a person on board a vessel for
which a Federal commercial or charter
vessel/headboat permit for the South
Atlantic snapper-grouper fishery has
been issued, the bag and possession
limits and sale and purchase provisions
of the commercial closure for gray
VerDate Sep<11>2014
18:11 May 05, 2015
Jkt 235001
triggerfish would apply regardless of
whether the fish are harvested in state
or Federal waters, as specified in 50
CFR 622.193(q)(1)(i).
DEPARTMENT OF COMMERCE
Classification
50 CFR Part 679
The Regional Administrator,
Southeast Region, NMFS, has
determined this temporary rule is
necessary for the conservation and
management of gray triggerfish and the
South Atlantic snapper-grouper fishery
and is consistent with the MagnusonStevens Act and other applicable laws.
This action is taken under 50 CFR
622.193(q)(1) and is exempt from review
under Executive Order 12866.
These measures are exempt from the
procedures of the Regulatory Flexibility
Act because the temporary rule is issued
without opportunity for prior notice and
comment.
This action responds to the best
scientific information available. The
Assistant Administrator for Fisheries,
NOAA (AA), finds that the need to
immediately implement this action to
close the commercial sector for gray
triggerfish constitutes good cause to
waive the requirements to provide prior
notice and opportunity for public
comment pursuant to the authority set
forth in 5 U.S.C. 553(b)(B), as such
procedures are unnecessary and
contrary to the public interest. Such
procedures are unnecessary because the
rule itself has been subject to notice and
comment, and all that remains is to
notify the public of the closure. Such
procedures are contrary to the public
interest because of the need to
immediately implement this action to
protect gray triggerfish since the
capacity of the fishing fleet allows for
rapid harvest of the commercial ACL.
Prior notice and opportunity for public
comment would require time and would
potentially result in a harvest well in
excess of the established commercial
ACL.
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).
25967
[Docket No. 140918791–4999–02]
Authority: 16 U.S.C. 1801 et seq.
Dated: May 1, 2015.
Emily H. Menashes,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2015–10595 Filed 5–1–15; 4:15 pm]
BILLING CODE 3510–22–P
PO 00000
Frm 00071
Fmt 4700
Sfmt 4700
National Oceanic and Atmospheric
Administration
RIN 0648–XD929
Fisheries of the Economic Exclusive
Zone Off Alaska; Groundfish Fishery
by Non-Rockfish Program Catcher
Vessels Using Trawl Gear in the
Western and Central Regulatory Area
of the Gulf of Alaska
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; closure.
AGENCY:
NMFS is prohibiting directed
fishing for groundfish, other than
pollock, by non-Rockfish Program
catcher vessels using trawl gear in the
Western and Central Regulatory Areas of
the Gulf of Alaska (GOA). This action is
necessary to prevent exceeding the 2015
Chinook salmon prohibited species
catch limit established for non-Rockfish
Program catcher vessels using trawl gear
and directed fishing for groundfish,
other than pollock, in the Western and
Central Regulatory Areas of the GOA.
DATES: Effective 1200 hours, Alaska
local time (A.l.t.), May 3, 2015, through
2400 hours, A.l.t., December 31, 2015.
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 2015 Chinook salmon prohibited
species catch (PSC) limit for nonRockfish Program catcher vessels
directed fishing for groundfish, other
than pollock, using trawl gear in the
Western and Central Regulatory Areas of
the GOA is 2,700 Chinook salmon
(§ 679.21(i)(3)(i)(C)).
In accordance with § 679.21(i)(7), the
Regional Administrator has determined
that the 2015 Chinook salmon PSC limit
established for non-Rockfish Program
catcher vessels directed fishing for
groundfish, other than pollock, using
trawl gear in the Western and Central
SUMMARY:
E:\FR\FM\06MYR1.SGM
06MYR1
]]>Agencies
[Federal Register Volume 80, Number 87 (Wednesday, May 6, 2015)]
[Rules and Regulations]
[Pages 25966-25967]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-10595]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 120815345-3525-02]
RIN 0648-XD901
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
2015 Commercial Accountability Measure and Closure for South Atlantic
Gray Triggerfish
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary rule; closure.
-----------------------------------------------------------------------
SUMMARY: NMFS implements accountability measures for commercial gray
triggerfish in the exclusive economic zone (EEZ) of the South Atlantic.
NMFS projects commercial landings for gray triggerfish, will reach the
commercial annual catch limit (ACL) on May 8, 2015. Therefore, NMFS is
closing the commercial sector for gray triggerfish in the South
Atlantic EEZ on May 8, 2015, and it will remain closed until NMFS
announces the start of the next fishing season. This closure is
necessary to protect the gray triggerfish resource.
DATES: This rule is effective 12:01 a.m., local time, May 8, 2015,
until NMFS
[[Page 25967]]
announces the start of the next fishing season by publishing a document
in the Federal Register.
FOR FURTHER INFORMATION CONTACT: Catherine Hayslip, NMFS Southeast
Regional Office, telephone: 727-824-5305, email:
catherine.hayslip@noaa.gov.
SUPPLEMENTARY INFORMATION: The snapper-grouper fishery of the South
Atlantic includes gray triggerfish and is managed under the Fishery
Management Plan for the Snapper-Grouper Fishery of the South Atlantic
Region (FMP). The FMP was prepared by the South Atlantic Fishery
Management Council and is implemented by NMFS under the authority of
the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-
Stevens Act) by regulations at 50 CFR part 622.
The commercial ACL for gray triggerfish in the South Atlantic is
272,880 lb (123,776 kg), round weight, for the current fishing year,
January 1 through December 31, 2015, as specified in 50 CFR
622.193(q)(1)(i).
Under 50 CFR 622.193(q)(1)(i), NMFS is required to close the
commercial sector for gray triggerfish when the commercial ACL is
reached, or is projected to be reached, by filing a notification to
that effect with the Office of the Federal Register. NMFS has
determined that the commercial ACL for South Atlantic gray triggerfish
will be reached on May 8, 2015. Accordingly, the commercial sector for
South Atlantic gray triggerfish is closed effective 12:01 a.m., local
time, May 8, 2015, until NMFS announces the start of the next fishing
season.
The operator of a vessel with a valid commercial vessel permit for
South Atlantic snapper-grouper having gray triggerfish on board must
have landed and bartered, traded, or sold such gray triggerfish prior
to 12:01 a.m., local time, May 8, 2015. During the closure, the bag
limit specified in 50 CFR 622.187(b)(8), applies to all harvest or
possession of gray triggerfish in or from the South Atlantic EEZ.
During the closure, the possession limits specified in 50 CFR
622.187(c), apply to all harvest or possession of gray triggerfish in
or from the South Atlantic EEZ. During the closure, the sale or
purchase of gray triggerfish taken from the South Atlantic EEZ is
prohibited.
For a person on board a vessel for which a Federal commercial or
charter vessel/headboat permit for the South Atlantic snapper-grouper
fishery has been issued, the bag and possession limits and sale and
purchase provisions of the commercial closure for gray triggerfish
would apply regardless of whether the fish are harvested in state or
Federal waters, as specified in 50 CFR 622.193(q)(1)(i).
Classification
The Regional Administrator, Southeast Region, NMFS, has determined
this temporary rule is necessary for the conservation and management of
gray triggerfish and the South Atlantic snapper-grouper fishery and is
consistent with the Magnuson-Stevens Act and other applicable laws.
This action is taken under 50 CFR 622.193(q)(1) and is exempt from
review under Executive Order 12866.
These measures are exempt from the procedures of the Regulatory
Flexibility Act because the temporary rule is issued without
opportunity for prior notice and comment.
This action responds to the best scientific information available.
The Assistant Administrator for Fisheries, NOAA (AA), finds that the
need to immediately implement this action to close the commercial
sector for gray triggerfish constitutes good cause to waive the
requirements to provide prior notice and opportunity for public comment
pursuant to the authority set forth in 5 U.S.C. 553(b)(B), as such
procedures are unnecessary and contrary to the public interest. Such
procedures are unnecessary because the rule itself has been subject to
notice and comment, and all that remains is to notify the public of the
closure. Such procedures are contrary to the public interest because of
the need to immediately implement this action to protect gray
triggerfish since the capacity of the fishing fleet allows for rapid
harvest of the commercial ACL. Prior notice and opportunity for public
comment would require time and would potentially result in a harvest
well in excess of the established commercial ACL.
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).
Authority: 16 U.S.C. 1801 et seq.
Dated: May 1, 2015.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2015-10595 Filed 5-1-15; 4:15 pm]
BILLING CODE 3510-22-P
