Coastal Migratory Pelagic Resources of the Gulf of Mexico and Atlantic Region; Commercial Trip Limit Reduction for Spanish Mackerel in the Atlantic Southern Zone, 407-408 [2019-00225]
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407
Rules and Regulations
Federal Register
Vol. 84, No. 18
Monday, January 28, 2019
This section of the FEDERAL REGISTER
contains regulatory documents having general
applicability and legal effect, most of which
are keyed to and codified in the Code of
Federal Regulations, which is published under
50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by
the Superintendent of Documents.
DEPARTMENT OF VETERANS
AFFAIRS
38 CFR Part 17
Confidentiality of Certain Medical
Records Under the MISSION Act
Department of Veterans Affairs.
Notification of change to agency
practice.
AGENCY:
ACTION:
This Department of Veterans
Affairs (VA) document provides an
update to VA’s requirements for
obtaining a signed release of
information for third party billing
practices from VA beneficiaries with a
sensitive diagnosis under the United
States Code to align with the
amendments made by the VA MISSION
Act of 2018.
DATES: Effective January 28, 2019.
FOR FURTHER INFORMATION CONTACT:
Jennifer Adams, Office of Community
Care (10D), Veterans Health
Administration, Department of Veterans
Affairs, 810 Vermont Avenue NW,
Washington, DC 20420,
Jennifer.Adams26@va.gov, (615) 355–
1539. This is not a toll free number.
SUPPLEMENTARY INFORMATION: On June 6,
2018, section 132 of Public Law 115–
182, the John S. McCain III, Daniel K.
Akaka, and Samuel R. Johnson VA
Maintaining Internal Systems and
Strengthening Integrated Outside
Networks Act of 2018 (MISSION Act),
amended 38 U.S.C. 7332,
Confidentiality of certain medical
records, which protects certain sensitive
diagnoses (i.e., drug abuse, alcoholism
or alcohol abuse, infection with the
human immunodeficiency virus, or
sickle cell anemia) from being disclosed
unless expressly authorized by the
patient. The VA Mission Act of 2018
amended section 7332 by providing a
new exception to the requriment that a
patient must expressely authorize VA to
disclose medical records containing a
sensitive diagnosis. The exception
removed VA’s requirement when VA is
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SUMMARY:
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billing a third-party for medical care
cost recovery.
In addition to this document, VA will
announce these changes on Veteranfacing websites to reach as many VA
beneficiaires as possible. VA will also
conduct a briefing with Veteran Service
Organizations to ensure they are
informed of the changes. For any VA
beneficiary who has previously signed a
release of information declining to allow
VA to bill encounters containing a
sensitive diagnosis, VA will provide a
one-time notification prior to submitting
claims with a sensitive diagnosis to a
third-party health insurer. The written
notification will include a summary of
the new law, how the change affects the
patient, and a description of the types
of services affected by the change.
After all of the aforementioned
notifications are complete, VA will
begin submitting claims to health
insurance companies for encounters
with dates of service on or after the
publication date of this document in the
Federal Register that contain a sensitive
diagnosis without a signed release of
information. While VA’s billing
authorities allow for a window of up to
6 years to bill a health insurance
company for services provided, VA will
not pursue any back billing for these
services unless a signed Request For and
Authorization to Release Medical
Records or Health Information (VHA–
10–5345) form for such release has been
received from the patient. All required
payer policies still apply to any services
submitted for reimbursement.
Signing Authority
The Secretary of Veterans Affairs, or
designee, approved this document and
authorized the undersigned to sign and
submit the document to the Office of the
Federal Register for publication
electronically as an official document of
the Department of Veterans Affairs.
Robert L. Wilkie, Secretary, Department
of Veterans Affairs, approved this
document on December 21, 2018, for
publication.
Dated: December 21, 2018.
Luvenia Potts,
Program Specialist, Office of Regulation
Policy & Management, Office of the Secretary,
Department of Veterans Affairs.
[FR Doc. 2018–28285 Filed 1–25–19; 8:45 am]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 622
[Docket No. 101206604–1758–02]
RIN 0648–XG732
Coastal Migratory Pelagic Resources
of the Gulf of Mexico and Atlantic
Region; Commercial Trip Limit
Reduction for Spanish Mackerel in the
Atlantic Southern Zone
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; trip limit
reduction.
AGENCY:
NMFS reduces the
commercial trip limit of Atlantic
migratory group Spanish mackerel in or
from the exclusive economic zone (EEZ)
in the southern zone to 500 lb (227 kg)
per day. This trip limit reduction is
necessary to maximize the
socioeconomic benefits of the
commercial quota for the southern zone.
DATES: This rule is effective from 6 a.m.,
local time, January 27, 2019, until 12:01
a.m., local time, March 1, 2019.
FOR FURTHER INFORMATION CONTACT:
Mary Vara, NMFS Southeast Regional
Office, telephone: 727–824–5305, or
email: mary.vara@noaa.gov.
SUPPLEMENTARY INFORMATION: The
fishery for coastal migratory pelagic fish
includes king mackerel, Spanish
mackerel, and cobia, and is managed
under the Fishery Management Plan for
the Coastal Migratory Pelagic Resources
of the Gulf of Mexico and South
Atlantic (FMP). The FMP was prepared
by the Gulf of Mexico and South
Atlantic Fishery Management Councils
and is implemented under the authority
of the Magnuson-Stevens Fishery
Conservation and Management Act
(Magnuson-Stevens Act) by regulations
at 50 CFR part 622. All weights in this
temporary rule apply as either round or
gutted weight.
Framework Amendment 1 to the FMP
(79 FR 69058; November 20, 2014)
implemented a commercial annual
catch limit (equal to the commercial
quota) of 3.33 million lb (1.51 million
kg) for the Atlantic migratory group of
SUMMARY:
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408
Federal Register / Vol. 84, No. 18 / Monday, January 28, 2019 / Rules and Regulations
amozie on DSK3GDR082PROD with RULES
Spanish mackerel. Atlantic migratory
group Spanish mackerel (Spanish
mackerel) are divided into a northern
and southern zone for management
purposes. The southern zone consists of
Federal waters off South Carolina,
Georgia, and Florida. The northern
boundary for the southern zone for
Spanish mackerel extends from the state
border of North Carolina and South
Carolina along a line beginning at
33°51′07.9″ N lat. and 78°32′32.6″ W
long. and extending in a direction of
135°34′55″ from true north to the
intersection point with the outward
boundary of the EEZ. The southern
boundary for the southern zone is
25°20′24″ N lat., which is the boundary
between Miami-Dade and Monroe
Counties, Florida.
The southern zone commercial quota
for Spanish mackerel is 2,667,330 lb
(1,209,881 kg). Seasonally variable
commercial trip limits are based on an
adjusted commercial quota of 2,417,330
lb (1,096,482 kg). The adjusted
commercial quota is calculated to allow
continued harvest in the southern zone
at a set rate for the remainder of the
current fishing year, through February
28, 2019, in accordance with 50 CFR
622.385(b)(2).
On December 27, 2018, NMFS
published a temporary rule in the
Federal Register to reduce the
commercial trip limit for Spanish
mackerel in or from the Atlantic EEZ in
the southern zone to 1,500 lb (680 kg)
(83 FR 66635). The temporary rule was
effective at 6 a.m., local time, December
26, 2018, until 12:01 a.m., local time,
March 1, 2019, or until the commercial
trip limit is reduced to 500 lb (227 kg)
when 100 percent of the adjusted quota
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16:01 Jan 25, 2019
Jkt 247001
is reached or projected to be reached,
whichever occurs first.
As specified at 50 CFR
622.385(b)(1)(ii)(C), after 100 percent of
the adjusted commercial quota of
Spanish mackerel is reached or
projected to be reached, Spanish
mackerel in or from the EEZ in the
southern zone may not be possessed on
board or landed from a vessel with a
Federal commercial permit for Spanish
mackerel in amounts exceeding 500 lb
(227 kg) per day.
NMFS has determined that 100
percent of the adjusted commercial
quota for Spanish mackerel has been
reached. Accordingly, the commercial
trip limit of 500 lb (227 kg) per day
applies to Spanish mackerel in or from
the EEZ in the southern zone effective
at 6 a.m., local time January 27, 2019,
until 12:01 a.m., local time, March 1,
2019, unless changed by subsequent
notification in the Federal Register.
Classification
The Regional Administrator for the
NMFS Southeast Region has determined
this temporary rule is necessary for the
conservation and management of
Spanish mackerel and is consistent with
the Magnuson-Stevens Act and other
applicable laws.
This action is taken under 50 CFR
622.385(b)(1)(ii)(C) 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 opportunity for comment.
This action responds to the best
scientific information available. The
NOAA Assistant Administrator for
Fisheries (AA) finds that the need to
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immediately reduce the trip limit for the
commercial sector for Spanish mackerel
constitutes good cause to waive the
requirements to provide prior notice
and the opportunity for public comment
pursuant to 5 U.S.C. 553(b)(B) as such
procedures are unnecessary and
contrary to the public interest. Such
procedures are unnecessary because the
rules implementing the commercial
quotas and trip limits have already been
subject to notice and comment, and all
that remains is to notify the public of
the trip limit reduction.
Prior notice and opportunity for
public comment is contrary to the
public interest, because any delay in the
trip limit reduction for the commercial
harvest of Spanish mackerel could
result in the commercial quota being
exceeded. There is a need to
immediately implement this action to
protect the Spanish mackerel resource,
because the capacity of the fishing fleet
allows for rapid harvest of the
commercial quota. Prior notice and
opportunity for public comment would
require additional time and could
potentially result in a harvest well in
excess of the established commercial
quota.
For the aforementioned reasons, the
AA also finds good cause to waive the
30-day delay in effectiveness of this
action under 5 U.S.C. 553(d)(3).
Authority: 16 U.S.C. 1801 et seq.
Dated: January 23, 2019.
Samuel D. Rauch III,
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2019–00225 Filed 1–23–19; 4:15 pm]
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]]>Agencies
[Federal Register Volume 84, Number 18 (Monday, January 28, 2019)]
[Rules and Regulations]
[Pages 407-408]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-00225]
=======================================================================
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 101206604-1758-02]
RIN 0648-XG732
Coastal Migratory Pelagic Resources of the Gulf of Mexico and
Atlantic Region; Commercial Trip Limit Reduction for Spanish Mackerel
in the Atlantic Southern Zone
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary rule; trip limit reduction.
-----------------------------------------------------------------------
SUMMARY: NMFS reduces the commercial trip limit of Atlantic migratory
group Spanish mackerel in or from the exclusive economic zone (EEZ) in
the southern zone to 500 lb (227 kg) per day. This trip limit reduction
is necessary to maximize the socioeconomic benefits of the commercial
quota for the southern zone.
DATES: This rule is effective from 6 a.m., local time, January 27,
2019, until 12:01 a.m., local time, March 1, 2019.
FOR FURTHER INFORMATION CONTACT: Mary Vara, NMFS Southeast Regional
Office, telephone: 727-824-5305, or email: mary.vara@noaa.gov.
SUPPLEMENTARY INFORMATION: The fishery for coastal migratory pelagic
fish includes king mackerel, Spanish mackerel, and cobia, and is
managed under the Fishery Management Plan for the Coastal Migratory
Pelagic Resources of the Gulf of Mexico and South Atlantic (FMP). The
FMP was prepared by the Gulf of Mexico and South Atlantic Fishery
Management Councils and is implemented under the authority of the
Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-
Stevens Act) by regulations at 50 CFR part 622. All weights in this
temporary rule apply as either round or gutted weight.
Framework Amendment 1 to the FMP (79 FR 69058; November 20, 2014)
implemented a commercial annual catch limit (equal to the commercial
quota) of 3.33 million lb (1.51 million kg) for the Atlantic migratory
group of
[[Page 408]]
Spanish mackerel. Atlantic migratory group Spanish mackerel (Spanish
mackerel) are divided into a northern and southern zone for management
purposes. The southern zone consists of Federal waters off South
Carolina, Georgia, and Florida. The northern boundary for the southern
zone for Spanish mackerel extends from the state border of North
Carolina and South Carolina along a line beginning at 33[deg]51'07.9''
N lat. and 78[deg]32'32.6'' W long. and extending in a direction of
135[deg]34'55'' from true north to the intersection point with the
outward boundary of the EEZ. The southern boundary for the southern
zone is 25[deg]20'24'' N lat., which is the boundary between Miami-Dade
and Monroe Counties, Florida.
The southern zone commercial quota for Spanish mackerel is
2,667,330 lb (1,209,881 kg). Seasonally variable commercial trip limits
are based on an adjusted commercial quota of 2,417,330 lb (1,096,482
kg). The adjusted commercial quota is calculated to allow continued
harvest in the southern zone at a set rate for the remainder of the
current fishing year, through February 28, 2019, in accordance with 50
CFR 622.385(b)(2).
On December 27, 2018, NMFS published a temporary rule in the
Federal Register to reduce the commercial trip limit for Spanish
mackerel in or from the Atlantic EEZ in the southern zone to 1,500 lb
(680 kg) (83 FR 66635). The temporary rule was effective at 6 a.m.,
local time, December 26, 2018, until 12:01 a.m., local time, March 1,
2019, or until the commercial trip limit is reduced to 500 lb (227 kg)
when 100 percent of the adjusted quota is reached or projected to be
reached, whichever occurs first.
As specified at 50 CFR 622.385(b)(1)(ii)(C), after 100 percent of
the adjusted commercial quota of Spanish mackerel is reached or
projected to be reached, Spanish mackerel in or from the EEZ in the
southern zone may not be possessed on board or landed from a vessel
with a Federal commercial permit for Spanish mackerel in amounts
exceeding 500 lb (227 kg) per day.
NMFS has determined that 100 percent of the adjusted commercial
quota for Spanish mackerel has been reached. Accordingly, the
commercial trip limit of 500 lb (227 kg) per day applies to Spanish
mackerel in or from the EEZ in the southern zone effective at 6 a.m.,
local time January 27, 2019, until 12:01 a.m., local time, March 1,
2019, unless changed by subsequent notification in the Federal
Register.
Classification
The Regional Administrator for the NMFS Southeast Region has
determined this temporary rule is necessary for the conservation and
management of Spanish mackerel and is consistent with the Magnuson-
Stevens Act and other applicable laws.
This action is taken under 50 CFR 622.385(b)(1)(ii)(C) 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 opportunity for comment.
This action responds to the best scientific information available.
The NOAA Assistant Administrator for Fisheries (AA) finds that the need
to immediately reduce the trip limit for the commercial sector for
Spanish mackerel constitutes good cause to waive the requirements to
provide prior notice and the opportunity for public comment pursuant to
5 U.S.C. 553(b)(B) as such procedures are unnecessary and contrary to
the public interest. Such procedures are unnecessary because the rules
implementing the commercial quotas and trip limits have already been
subject to notice and comment, and all that remains is to notify the
public of the trip limit reduction.
Prior notice and opportunity for public comment is contrary to the
public interest, because any delay in the trip limit reduction for the
commercial harvest of Spanish mackerel could result in the commercial
quota being exceeded. There is a need to immediately implement this
action to protect the Spanish mackerel resource, because the capacity
of the fishing fleet allows for rapid harvest of the commercial quota.
Prior notice and opportunity for public comment would require
additional time and could potentially result in a harvest well in
excess of the established commercial quota.
For the aforementioned reasons, the AA also finds good cause to
waive the 30-day delay in effectiveness of this action under 5 U.S.C.
553(d)(3).
Authority: 16 U.S.C. 1801 et seq.
Dated: January 23, 2019.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2019-00225 Filed 1-23-19; 4:15 pm]
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