Fisheries of the Northeastern United States; Northeast Multispecies Fishery; Georges Bank Cod Trimester Total Allowable Catch Area Closure and Possession and Trip Limit Reductions for the Common Pool Fishery, 81698-81699 [2016-27826]
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81698
Federal Register / Vol. 81, No. 223 / Friday, November 18, 2016 / Rules and Regulations
that were proposed subject to notice and
comment procedures in the CY 2017
PFS final rule. As a result, the
correction made through this correcting
document is intended to resolve
inadvertent errors so that the rule
accurately reflects the policies in the
final rule.
Even if this were a rulemaking to
which the notice and comment and
delayed effective date requirements
applied, we find that there is good cause
to waive such requirements.
Undertaking further notice and
comment procedures to incorporate the
corrections in this document into the
CY 2017 PFS final rule or delaying the
effective date of the corrections would
be contrary to the public interest
because it is in the public interest to
ensure that the rule accurately reflects
the public comment period. Further,
such procedures would be unnecessary,
because we are not making any
substantive revisions to the final rule,
but rather, we are simply correcting the
Federal Register document to reflect the
policies in the final rule. For these
reasons, we believe there is good cause
to waive the requirements for notice and
comment and delay in effective date.
IV. Correction of Errors in the
Regulations Text
In FR Doc. 16–26668 appearing on
page 80170 in the Federal Register of
Tuesday, November 16, 2016, the
following corrections are made:
■ 1. On pages 80552 and 80553, correct
§ 410.79 by—
■ a. In paragraph (b):
■ i. Removing the definition of
‘‘Evaluation weight’’;
■ ii. Revising the definitions of ‘‘MDPP
supplier’’, ‘‘Medicare Diabetes
Prevention Program (MDPP)’’, and
‘‘Required minimum weight loss’’;
■ iii. In the definition of ‘‘National
Diabetes Prevention Program, removing
‘‘(DPP)’’ and adding in its place the term
‘‘(National DPP) ’’; and
■ b. Revising paragraphs (c)(1)(ii),
(c)(1)(iv) and (c)(2)(i).
The revisions read as follows:
§ 410.79 Medicare diabetes prevention
program expanded model: Conditions of
coverage.
mstockstill on DSK3G9T082PROD with RULES
*
*
*
*
*
(b) * * *
MDPP supplier refers to an entity that
has enrolled in Medicare to furnish
MDPP services.
Medicare Diabetes Prevention
Program (MDPP) refers to a model test
expanded under section 1115A(c) of the
Act that makes MDPP services available
to MDPP eligible beneficiaries.
*
*
*
*
*
VerDate Sep<11>2014
17:25 Nov 17, 2016
Jkt 241001
Required minimum weight loss refers
to the percentage by which the
beneficiary’s updated weight is less than
the baseline weight. The required
minimum weight loss percentage is 5
percent.
(c) * * *
(1) * * *
(ii) Have as of the date of attendance
at the first core session a body mass
index (BMI) of at least 25 if not selfidentified as Asian or a BMI of at least
23 if self-identified as Asian.
*
*
*
*
*
(iv) Have no previous diagnosis of
type 1 or type 2 diabetes (other than
gestational diabetes).
*
*
*
*
*
(2) * * *
(i) Core sessions and core
maintenance sessions. MDPP suppliers
must furnish to MDPP eligible
beneficiaries the MDPP core benefit.
Sixteen core sessions must be furnished
at least a week apart over the first 6
months. At least one core maintenance
session must be furnished in each of the
second 6 months. All core sessions and
core maintenance sessions must have a
duration of approximately one hour.
MDPP suppliers must address at least 16
different curriculum topics in the core
sessions and at least 6 different
curriculum topics in the core
maintenance sessions.
*
*
*
*
*
■ 2. On page 80558, correct § 424.59 by
revising paragraphs (a)(1) and (5),
(b)(4)(i), and (e)(2)(i) to read as follows:
§ 424.59 Requirements for Medicare
diabetes prevention program suppliers.
(a) * * *
(1) At the time of enrollment has full
CDC DPRP recognition.
*
*
*
*
*
(5) Submits a roster of all coaches
who will be furnishing MDPP services
on the entity’s behalf that includes the
coaches’ first and last names, SSN, and
NPI.
(b) * * *
(4) * * *
(i) Has attended one, four or nine core
sessions, or
*
*
*
*
*
(e) * * *
(2) * * *
(i) Become eligible to bill for MDPP
services again if it meets the
requirements of paragraph (a)(1) of this
section, and enrolls again in Medicare
as an MDPP supplier subject to
paragraph (a) of this section.
*
*
*
*
*
PO 00000
Frm 00058
Fmt 4700
Sfmt 4700
Dated: November 14, 2016.
Madhura Valverde,
Executive Secretary to the Department,
Department of Health and Human Services.
[FR Doc. 2016–27733 Filed 11–15–16; 11:15 am]
BILLING CODE 4120–01–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 648
[Docket No. 151211999–6343–02]
RIN 0648–XF002
Fisheries of the Northeastern United
States; Northeast Multispecies
Fishery; Georges Bank Cod Trimester
Total Allowable Catch Area Closure
and Possession and Trip Limit
Reductions for the Common Pool
Fishery
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; area closure
and inseason adjustment.
AGENCY:
This action closes the Georges
Bank Cod Trimester Total Allowable
Catch Area to Northeast multispecies
common pool vessels and adjusts the
Georges Bank cod possession and trip
limit for common pool vessels for the
remainder of Trimester 2, through
December 31, 2016. The common pool
fishery is projected to catch 90 percent
of its Trimester 2 quota for Georges
Bank cod. The closure and possession
and trip limit reductions are intended to
prevent an overage of the common
pool’s quota for this stock.
DATES: This action is effective
November 15, 2016, through December
31, 2016.
FOR FURTHER INFORMATION CONTACT: Liz
Sullivan, Fishery Management
Specialist, (978) 282–8493.
SUPPLEMENTARY INFORMATION: Federal
regulations at 50 CFR 648.82(n)(2)(ii)
require the Regional Administrator to
close a common pool Trimester Total
Allowable Catch (TAC) Area for a stock
when 90 percent of the Trimester TAC
is projected to be caught. The closure
applies to all common pool vessels
fishing with gear capable of catching
that stock for the remainder of the
trimester.
As of November 5, 2016, the common
pool fishery has caught approximately
87 percent of the Trimester 2 TAC (4.2
mt) for Georges Bank (GB) cod. We
SUMMARY:
E:\FR\FM\18NOR1.SGM
18NOR1
Federal Register / Vol. 81, No. 223 / Friday, November 18, 2016 / Rules and Regulations
project that 90 percent of the Trimester
2 TAC was caught by November 7.
Effective November 15, 2016, the GB
Cod Trimester TAC Area is closed for
the remainder of Trimester 2, through
December 31, 2016, to all common pool
vessels fishing with trawl gear, sink
gillnet gear, and longline/hook gear. The
GB Cod Trimester TAC Area consists of
statistical areas 521, 522, 525, and 561.
The area reopens at the beginning of
Trimester 3 on January 1, 2017.
The intent of the trimester TAC area
closure is to close the area where 90
percent of the catch of the stock has
occurred. However, data indicate that
common pool vessels have caught
approximately 35 percent of the total
catch in Trimester 2 from outside the
statistical areas that will be affected by
the closure described above. Federal
regulations at § 648.86(o) authorize the
Regional Administrator to adjust the
possession and trip limits for common
pool vessels to prevent the overharvest
or underharvest of the common pool
quotas. Therefore, the possession and
trip limits for GB cod, are reduced as
81699
shown in Table 1, effective November
15, 2016, through December 31, 2016.
This is intended to prevent the common
pool from exceeding its sub-annual
catch limit, but still allow for landing
incidental catch of GB cod in areas not
affected by the closure.
On January 1, 2017, common pool
possession and trip limits for GB cod
will return to the initial limits set by
Framework Adjustment 55 to the
Northeast Multispecies Fishery
Management Plan (FMP).
TABLE 1—REDUCED COMMON POOL POSSESSION AND TRIP LIMITS FOR GB COD
Permit
Initial 2016 limits
Reduced limits
A DAS * (outside of the Eastern U.S./Canada Area) .......
A DAS (Eastern U.S./Canada Area) ................................
A DAS (Special Access Programs) ..................................
Handgear A .......................................................................
Handgear B .......................................................................
Regular B DAS Program ..................................................
500 lb per DAS up to 2,500 lb per trip .....
100 lb per DAS up to 500 lb per trip ........
1,000 lb per trip ........................................
300 lb per trip ...........................................
25 lb per trip .............................................
100 lb per DAS up to 1,000 lb per trip .....
25
25
50
25
25
25
lb
lb
lb
lb
lb
lb
per
per
per
per
per
per
DAS up to 50 lb per trip.
DAS up to 50 lb per trip.
trip.
trip.
trip (unchanged).
DAS up to 50 lb per trip.
mstockstill on DSK3G9T082PROD with RULES
* Day-at-sea (DAS).
If a vessel declared its trip through the
Vessel Monitoring System (VMS) or the
interactive voice response system, and
crossed the VMS demarcation line prior
to November 15, 2016, it may complete
its trip within the Trimester TAC Area.
Additionally, such vessels are not
subject to the new possession and trip
limits for that trip. A vessel that has set
gillnet gear prior to November 15, 2016,
may complete its trip by hauling such
gear.
Any overage of the Trimester 1 or 2
TACs must be deducted from the
Trimester 3 TAC. Any uncaught portion
of the Trimester 1 and Trimester 2 TACs
is carried over into the next trimester. If
the common pool fishery exceeds its
sub-ACL for the 2016 fishing year, the
overage must be deducted from the
common pool’s sub-ACL for fishing year
2017. However, any uncaught portion of
the common pool’s sub-ACL may not be
carried over into the following fishing
year.
Weekly quota monitoring reports for
the common pool fishery are on our
Web site at: https://
www.greateratlantic.fisheries.noaa.gov/
ro/fso/MultiMonReports.htm. We will
continue to monitor common pool catch
through vessel trip reports, dealerreported landings, VMS catch reports,
and other available information, and, if
necessary, we will make additional
adjustments to common pool
management measures.
VerDate Sep<11>2014
17:25 Nov 17, 2016
Jkt 241001
Classification
This action is required by 50 CFR part
648 and is exempt from review under
Executive Order 12866.
The Assistant Administrator for
Fisheries, NOAA, finds good cause
pursuant to 5 U.S.C. 553(b)(B) and 5
U.S.C. 553(d)(3) to waive prior notice
and the opportunity for public comment
and the 30-day delayed effectiveness
period because it would be
impracticable and contrary to the public
interest.
Regulations require the Regional
Administrator to close a trimester TAC
area to the common pool fishery when
90 percent of the Trimester TAC for a
stock has been caught. Updated catch
information only recently became
available indicating that the common
pool fishery caught 90 percent of its
Trimester 2 TAC for GB cod by
November 7, 2016. The time necessary
to provide for prior notice and
comment, and a 30-day delay in
effectiveness, prevents the immediate
closure of the GB Cod Trimester 2 TAC
Area and reduction of the common
pool’s GB cod possession and trip
limits. Delaying the effective date of a
closure and possession and trip limit
reduction increases the likelihood that
the common pool fishery will exceed its
quota of GB cod to the detriment of this
stock, which could undermine
management objectives of the Northeast
Multispecies FMP.
Additionally, an overage of the
common pool quota could cause
negative economic impacts to the
common pool fishery as a result of
PO 00000
Frm 00059
Fmt 4700
Sfmt 4700
overage paybacks in a future trimester or
fishing year.
Authority: 16 U.S.C. 1801 et seq.
Dated: November 15, 2016.
Emily H. Menashes,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2016–27826 Filed 11–15–16; 4:15 pm]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 648
[Docket No. 130919816–4205–02]
RIN 0648–XF044
Fisheries of the Northeastern United
States; Atlantic Herring Fishery; 2016
Management Area 1B Directed Fishery
Closure
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; directed fishery
closure.
AGENCY:
NMFS is closing the directed
herring fishery in management Area 1B,
limiting catch from that area to 2,000 lb
(907.2 kg) per trip and prohibiting
landing more than once per calendar
day, because it projects that 92 percent
of the 2016 annual seasonal catch limit
for that area will have been caught by
the effective date. This action is
SUMMARY:
E:\FR\FM\18NOR1.SGM
18NOR1
]]>Agencies
[Federal Register Volume 81, Number 223 (Friday, November 18, 2016)]
[Rules and Regulations]
[Pages 81698-81699]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-27826]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 151211999-6343-02]
RIN 0648-XF002
Fisheries of the Northeastern United States; Northeast
Multispecies Fishery; Georges Bank Cod Trimester Total Allowable Catch
Area Closure and Possession and Trip Limit Reductions for the Common
Pool Fishery
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary rule; area closure and inseason adjustment.
-----------------------------------------------------------------------
SUMMARY: This action closes the Georges Bank Cod Trimester Total
Allowable Catch Area to Northeast multispecies common pool vessels and
adjusts the Georges Bank cod possession and trip limit for common pool
vessels for the remainder of Trimester 2, through December 31, 2016.
The common pool fishery is projected to catch 90 percent of its
Trimester 2 quota for Georges Bank cod. The closure and possession and
trip limit reductions are intended to prevent an overage of the common
pool's quota for this stock.
DATES: This action is effective November 15, 2016, through December 31,
2016.
FOR FURTHER INFORMATION CONTACT: Liz Sullivan, Fishery Management
Specialist, (978) 282-8493.
SUPPLEMENTARY INFORMATION: Federal regulations at 50 CFR
648.82(n)(2)(ii) require the Regional Administrator to close a common
pool Trimester Total Allowable Catch (TAC) Area for a stock when 90
percent of the Trimester TAC is projected to be caught. The closure
applies to all common pool vessels fishing with gear capable of
catching that stock for the remainder of the trimester.
As of November 5, 2016, the common pool fishery has caught
approximately 87 percent of the Trimester 2 TAC (4.2 mt) for Georges
Bank (GB) cod. We
[[Page 81699]]
project that 90 percent of the Trimester 2 TAC was caught by November
7.
Effective November 15, 2016, the GB Cod Trimester TAC Area is
closed for the remainder of Trimester 2, through December 31, 2016, to
all common pool vessels fishing with trawl gear, sink gillnet gear, and
longline/hook gear. The GB Cod Trimester TAC Area consists of
statistical areas 521, 522, 525, and 561. The area reopens at the
beginning of Trimester 3 on January 1, 2017.
The intent of the trimester TAC area closure is to close the area
where 90 percent of the catch of the stock has occurred. However, data
indicate that common pool vessels have caught approximately 35 percent
of the total catch in Trimester 2 from outside the statistical areas
that will be affected by the closure described above. Federal
regulations at Sec. 648.86(o) authorize the Regional Administrator to
adjust the possession and trip limits for common pool vessels to
prevent the overharvest or underharvest of the common pool quotas.
Therefore, the possession and trip limits for GB cod, are reduced as
shown in Table 1, effective November 15, 2016, through December 31,
2016. This is intended to prevent the common pool from exceeding its
sub-annual catch limit, but still allow for landing incidental catch of
GB cod in areas not affected by the closure.
On January 1, 2017, common pool possession and trip limits for GB
cod will return to the initial limits set by Framework Adjustment 55 to
the Northeast Multispecies Fishery Management Plan (FMP).
Table 1--Reduced Common Pool Possession and Trip Limits for GB Cod
------------------------------------------------------------------------
Initial 2016
Permit limits Reduced limits
------------------------------------------------------------------------
A DAS * (outside of the Eastern 500 lb per DAS up 25 lb per DAS up
U.S./Canada Area). to 2,500 lb per to 50 lb per
trip. trip.
A DAS (Eastern U.S./Canada Area) 100 lb per DAS up 25 lb per DAS up
to 500 lb per to 50 lb per
trip. trip.
A DAS (Special Access Programs). 1,000 lb per trip. 50 lb per trip.
Handgear A...................... 300 lb per trip... 25 lb per trip.
Handgear B...................... 25 lb per trip.... 25 lb per trip
(unchanged).
Regular B DAS Program........... 100 lb per DAS up 25 lb per DAS up
to 1,000 lb per to 50 lb per
trip. trip.
------------------------------------------------------------------------
* Day-at-sea (DAS).
If a vessel declared its trip through the Vessel Monitoring System
(VMS) or the interactive voice response system, and crossed the VMS
demarcation line prior to November 15, 2016, it may complete its trip
within the Trimester TAC Area. Additionally, such vessels are not
subject to the new possession and trip limits for that trip. A vessel
that has set gillnet gear prior to November 15, 2016, may complete its
trip by hauling such gear.
Any overage of the Trimester 1 or 2 TACs must be deducted from the
Trimester 3 TAC. Any uncaught portion of the Trimester 1 and Trimester
2 TACs is carried over into the next trimester. If the common pool
fishery exceeds its sub-ACL for the 2016 fishing year, the overage must
be deducted from the common pool's sub-ACL for fishing year 2017.
However, any uncaught portion of the common pool's sub-ACL may not be
carried over into the following fishing year.
Weekly quota monitoring reports for the common pool fishery are on
our Web site at: https://www.greateratlantic.fisheries.noaa.gov/ro/fso/MultiMonReports.htm. We will continue to monitor common pool catch
through vessel trip reports, dealer-reported landings, VMS catch
reports, and other available information, and, if necessary, we will
make additional adjustments to common pool management measures.
Classification
This action is required by 50 CFR part 648 and is exempt from
review under Executive Order 12866.
The Assistant Administrator for Fisheries, NOAA, finds good cause
pursuant to 5 U.S.C. 553(b)(B) and 5 U.S.C. 553(d)(3) to waive prior
notice and the opportunity for public comment and the 30-day delayed
effectiveness period because it would be impracticable and contrary to
the public interest.
Regulations require the Regional Administrator to close a trimester
TAC area to the common pool fishery when 90 percent of the Trimester
TAC for a stock has been caught. Updated catch information only
recently became available indicating that the common pool fishery
caught 90 percent of its Trimester 2 TAC for GB cod by November 7,
2016. The time necessary to provide for prior notice and comment, and a
30-day delay in effectiveness, prevents the immediate closure of the GB
Cod Trimester 2 TAC Area and reduction of the common pool's GB cod
possession and trip limits. Delaying the effective date of a closure
and possession and trip limit reduction increases the likelihood that
the common pool fishery will exceed its quota of GB cod to the
detriment of this stock, which could undermine management objectives of
the Northeast Multispecies FMP.
Additionally, an overage of the common pool quota could cause
negative economic impacts to the common pool fishery as a result of
overage paybacks in a future trimester or fishing year.
Authority: 16 U.S.C. 1801 et seq.
Dated: November 15, 2016.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2016-27826 Filed 11-15-16; 4:15 pm]
BILLING CODE 3510-22-P
