Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 2020 Commercial Closure for Atlantic Migratory Group Cobia, 70085-70086 [2020-24431]
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Federal Register / Vol. 85, No. 214 / Wednesday, November 4, 2020 / Rules and Regulations
b. Revising paragraphs (k)(1)
introductory text and (k)(1)(i).
The revisions read as follows:
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§ 170.523 Principles of proper conduct for
ONC–ACBs.
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*
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*
(k) * * *
(1) Mandatory Disclosures. A health
IT developer must conspicuously
include the following on its website and
in all marketing materials,
communications statements, and other
assertions related to the Health IT
Module’s certification:
(i) The disclaimer ‘‘This Health IT
Module is [specify Edition of health IT
certification criteria] compliant and has
been certified by an ONC–ACB in
accordance with the applicable
certification criteria adopted by the
Secretary of Health and Human
Services. This certification does not
represent an endorsement by the U.S.
Department of Health and Human
Services.’’
*
*
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*
■ 18. Amend § 170.550 by revising
paragraphs (m)(1), (2), and (3) to read as
follows:
§ 170.550
Health IT Module certification.
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*
*
*
*
(m) * * *
(1) Section 170.315(a)(10) and (13)
and § 170.315(e)(2) for the period before
January 1, 2022.
(2) Section 170.315(b)(6) for the
period before December 31, 2023.
(3) Section 170.315(g)(8) for the
period before December 31, 2022.
PART 171—INFORMATION BLOCKING
19. The authority citation for part 171
continues to read as follows:
■
20. Amend § 171.101 by revising
paragraph (b) to read as follows:
Applicability.
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(b) Health care providers, health IT
developers of certified health IT, health
information exchanges, and health
information networks are subject to this
part on and after April 5, 2021.
■ 21. Amend § 171.103 by revising
paragraphs (a)(2), (a)(3) and (b) to read
as follows:
khammond on DSKJM1Z7X2PROD with RULES
*
§ 171.103
Information blocking.
(a) * * *
(2) If conducted by a health IT
developer of certified health IT, health
information network or health
information exchange, such developer,
network or exchange knows, or should
know, that such practice is likely to
VerDate Sep<11>2014
16:30 Nov 03, 2020
22. Amend § 171.203 by revising
paragraph (e)(2) to read as follows:
■
§ 171.203 Security exception—When will
an actor’s practice that is likely to interfere
with the access, exchange, or use of
electronic health information in order to
protect the security of electronic health
information not be considered information
blocking?
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*
(e) * * *
(2) There are no reasonable and
appropriate alternatives to the practice
that address the security risk that are
less likely to interfere with access,
exchange or use of electronic health
information.
23. Amend § 171.301 by revising
paragraphs (a)(1), (a)(2) and (b)(1)(ii)(A)
to read as follows:
■
§ 171.301 Content and manner exception—
When will an actor’s practice of limiting the
content of its response to or the manner in
which it fulfills a request to access,
exchange, or use electronic health
information not be considered information
blocking?
*
Authority: 42 U.S.C. 300jj–52
■
§ 171.101
interfere with access, exchange, or use
of electronic health information; or
(3) If conducted by a health care
provider, such provider knows that such
practice is unreasonable and is likely to
interfere with access, exchange, or use
of electronic health information.
*
*
*
*
*
(b) For the period before October 6,
2022, electronic health information for
the purposes of paragraph (a) of this
section is limited to the electronic
health information identified by the
data elements represented in the USCDI
standard adopted in § 170.213.
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Jkt 253001
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(a) * * *
(1) USCDI. For the period before
October 6, 2022, at a minimum, the
electronic health information identified
by the data elements represented in the
USCDI standard adopted in § 170.213.
(2) All electronic health information.
On and after October 6, 2022, electronic
health information as defined in
§ 171.102.
(b) * * *
(1) * * *
(ii) * * *
(A) Any fees charged by the actor in
relation to fulfilling the request are not
required to satisfy the exception in
§ 171.302; and
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24. Amend § 171.303 by revising
paragraph (b)(2)(i) to read as follows:
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70085
§ 171.303 Licensing exception—When will
an actor’s practice to license
interoperability elements in order for
electronic health information to be
accessed, exchanged, or used not be
considered information blocking?
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(b) * * *
(2) * * *
(i) The royalty must be
nondiscriminatory, consistent with
paragraph (b)(3) of this section.
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Alex M. Azar II,
Secretary, Department of Health and Human
Services.
[FR Doc. 2020–24376 Filed 11–2–20; 8:45 am]
BILLING CODE 4150–45–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 622
[Docket No. 181009921–8999–02; RTID
0648–XA604]
Fisheries of the Caribbean, Gulf of
Mexico, and South Atlantic; 2020
Commercial Closure for Atlantic
Migratory Group Cobia
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; closure.
AGENCY:
NMFS implements a closure
for Atlantic migratory group cobia
(Atlantic cobia) that are sold
(commercial) and harvested from
Atlantic Federal waters off Georgia
through New York. NMFS projects that
commercial landings of Atlantic cobia
will reach the commercial quota on
November 6, 2020. Therefore, NMFS
closes the commercial sector for
Atlantic cobia in Federal waters from
November 6, 2020, until the start of the
next fishing year on January 1, 2021.
This closure is necessary to protect the
Atlantic cobia resource.
DATES: This temporary rule is effective
at 12:01 a.m. eastern time on November
6, 2020, until 12:01 a.m. eastern time on
January 1, 2021.
FOR FURTHER INFORMATION CONTACT:
Mary Vara, NMFS Southeast Regional
Office, telephone: 727–824–5305, email:
mary.vara@noaa.gov.
SUPPLEMENTARY INFORMATION: The
fishery for Atlantic cobia in Federal
waters is managed under the authority
of the Atlantic Coastal Fisheries
Cooperative Management Act (Atlantic
SUMMARY:
E:\FR\FM\04NOR1.SGM
04NOR1
70086
Federal Register / Vol. 85, No. 214 / Wednesday, November 4, 2020 / Rules and Regulations
khammond on DSKJM1Z7X2PROD with RULES
Coastal Act) by regulations at 50 CFR
part 697.
Separate migratory groups of cobia are
managed in the Gulf of Mexico and
Atlantic. Atlantic cobia is managed from
Georgia through New York. The
southern boundary for Atlantic cobia is
a line that extends due east of the
Florida and Georgia state border at
30°42′45.6″ N latitude. The northern
boundary for Atlantic cobia is the
jurisdictional boundary between the
Mid-Atlantic and New England Fishery
Management Councils, as specified in
50 CFR 600.105(a).
Amendment 31 to the Fishery
Management Plan (FMP) for Coastal
Migratory Pelagic Resources of the Gulf
of Mexico and Atlantic Region
(Amendment 31) and the implementing
final rule removed Atlantic cobia from
Federal management under the
Magnuson-Stevens Fishery
Conservation and Management Act,
while also implementing comparable
regulations in Federal waters under the
Atlantic Coastal Act (84 FR 4733,
February 19, 2019).
Atlantic cobia are unique among
federally managed species in the U.S.
southeast region, because no
commercial permit is required to
harvest and sell them, and so the
distinction between the commercial and
recreational sectors is not as clear as
with other federally managed species.
However, for purposes of this temporary
rule, Atlantic cobia that are sold are
considered commercially caught, and
those that are not sold are considered
recreationally caught.
VerDate Sep<11>2014
16:30 Nov 03, 2020
Jkt 253001
As specified in 50 CFR 697.28(f)(1),
the commercial quota for Atlantic cobia
is 50,000 pounds (lb) (22,680 kilograms
(kg)) in round or gutted weight for the
2020 fishing year, which runs from
January 1 through December 31.
Regulations for the commercial sector
of Atlantic cobia at 50 CFR 697.28(f)(1)
require that NMFS file a notification
with the Office of the Federal Register
to prohibit the sale and purchase of
Atlantic cobia for the remainder of the
fishing year if commercial landings
reach or are projected to reach the
commercial quota specified in 50 CFR
697.28(f)(1). NMFS projects that
commercial landings of Atlantic cobia
will reach the commercial quota on
November 6, 2020. Accordingly, the
commercial sector for Atlantic cobia is
closed in Federal waters beginning on
November 6, 2020, and will remain
closed until the start of the next fishing
year on January 1, 2021.
During the commercial closure, the
sale and purchase of Atlantic cobia is
prohibited. The recreational bag and
possession limits for Atlantic cobia
apply while the recreational sector is
open (50 CFR 697.28(e)). The
prohibition on sale and purchase does
not apply to Atlantic cobia that were
harvested, landed ashore, and sold
before November 6, 2020, and were held
in cold storage by a dealer or processor.
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.
Pursuant to 5 U.S.C. 553(b)(B), there
is good cause to waive prior notice and
an opportunity for public comment as
such procedures are unnecessary and
contrary to the public interest. Such
procedures are unnecessary because the
regulations associated with the
commercial quota for Atlantic cobia
have already been subject to notice and
comment, and all that remains is to
notify the public of the commercial
closure for the remainder of the 2020
fishing year. Prior notice and
opportunity for public comment on this
action is contrary to the public interest
because of the need to immediately
implement the commercial closure to
protect Atlantic cobia, since the
capacity of the fishing fleet allows for
rapid harvest of the commercial quota.
Prior notice and opportunity for public
comment would require time and would
potentially result in a harvest that
exceeds the commercial quota.
For the aforementioned reasons, there
is good cause under 5 U.S.C. 553(d)(3)
to waive the 30-day delay in the
effective date of this action.
Classification
NMFS issues this action pursuant to
the Atlantic Coastal Act. This action is
required by 50 CFR 697.28(f)(1) and is
exempt from review under Executive
Order 12866.
Dated: October 30, 2020.
Jennifer M. Wallace,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
PO 00000
Frm 00044
Fmt 4700
Sfmt 9990
Authority: 16 U.S.C. 5101 et seq.
[FR Doc. 2020–24431 Filed 11–3–20; 8:45 am]
BILLING CODE 3510–22–P
E:\FR\FM\04NOR1.SGM
04NOR1
Agencies
[Federal Register Volume 85, Number 214 (Wednesday, November 4, 2020)]
[Rules and Regulations]
[Pages 70085-70086]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-24431]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 181009921-8999-02; RTID 0648-XA604]
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
2020 Commercial Closure for Atlantic Migratory Group Cobia
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary rule; closure.
-----------------------------------------------------------------------
SUMMARY: NMFS implements a closure for Atlantic migratory group cobia
(Atlantic cobia) that are sold (commercial) and harvested from Atlantic
Federal waters off Georgia through New York. NMFS projects that
commercial landings of Atlantic cobia will reach the commercial quota
on November 6, 2020. Therefore, NMFS closes the commercial sector for
Atlantic cobia in Federal waters from November 6, 2020, until the start
of the next fishing year on January 1, 2021. This closure is necessary
to protect the Atlantic cobia resource.
DATES: This temporary rule is effective at 12:01 a.m. eastern time on
November 6, 2020, until 12:01 a.m. eastern time on January 1, 2021.
FOR FURTHER INFORMATION CONTACT: Mary Vara, NMFS Southeast Regional
Office, telephone: 727-824-5305, email: [email protected].
SUPPLEMENTARY INFORMATION: The fishery for Atlantic cobia in Federal
waters is managed under the authority of the Atlantic Coastal Fisheries
Cooperative Management Act (Atlantic
[[Page 70086]]
Coastal Act) by regulations at 50 CFR part 697.
Separate migratory groups of cobia are managed in the Gulf of
Mexico and Atlantic. Atlantic cobia is managed from Georgia through New
York. The southern boundary for Atlantic cobia is a line that extends
due east of the Florida and Georgia state border at 30[deg]42'45.6'' N
latitude. The northern boundary for Atlantic cobia is the
jurisdictional boundary between the Mid-Atlantic and New England
Fishery Management Councils, as specified in 50 CFR 600.105(a).
Amendment 31 to the Fishery Management Plan (FMP) for Coastal
Migratory Pelagic Resources of the Gulf of Mexico and Atlantic Region
(Amendment 31) and the implementing final rule removed Atlantic cobia
from Federal management under the Magnuson-Stevens Fishery Conservation
and Management Act, while also implementing comparable regulations in
Federal waters under the Atlantic Coastal Act (84 FR 4733, February 19,
2019).
Atlantic cobia are unique among federally managed species in the
U.S. southeast region, because no commercial permit is required to
harvest and sell them, and so the distinction between the commercial
and recreational sectors is not as clear as with other federally
managed species. However, for purposes of this temporary rule, Atlantic
cobia that are sold are considered commercially caught, and those that
are not sold are considered recreationally caught.
As specified in 50 CFR 697.28(f)(1), the commercial quota for
Atlantic cobia is 50,000 pounds (lb) (22,680 kilograms (kg)) in round
or gutted weight for the 2020 fishing year, which runs from January 1
through December 31.
Regulations for the commercial sector of Atlantic cobia at 50 CFR
697.28(f)(1) require that NMFS file a notification with the Office of
the Federal Register to prohibit the sale and purchase of Atlantic
cobia for the remainder of the fishing year if commercial landings
reach or are projected to reach the commercial quota specified in 50
CFR 697.28(f)(1). NMFS projects that commercial landings of Atlantic
cobia will reach the commercial quota on November 6, 2020. Accordingly,
the commercial sector for Atlantic cobia is closed in Federal waters
beginning on November 6, 2020, and will remain closed until the start
of the next fishing year on January 1, 2021.
During the commercial closure, the sale and purchase of Atlantic
cobia is prohibited. The recreational bag and possession limits for
Atlantic cobia apply while the recreational sector is open (50 CFR
697.28(e)). The prohibition on sale and purchase does not apply to
Atlantic cobia that were harvested, landed ashore, and sold before
November 6, 2020, and were held in cold storage by a dealer or
processor.
Classification
NMFS issues this action pursuant to the Atlantic Coastal Act. This
action is required by 50 CFR 697.28(f)(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.
Pursuant to 5 U.S.C. 553(b)(B), there is good cause to waive prior
notice and an opportunity for public comment as such procedures are
unnecessary and contrary to the public interest. Such procedures are
unnecessary because the regulations associated with the commercial
quota for Atlantic cobia have already been subject to notice and
comment, and all that remains is to notify the public of the commercial
closure for the remainder of the 2020 fishing year. Prior notice and
opportunity for public comment on this action is contrary to the public
interest because of the need to immediately implement the commercial
closure to protect Atlantic cobia, since the capacity of the fishing
fleet allows for rapid harvest of the commercial quota. Prior notice
and opportunity for public comment would require time and would
potentially result in a harvest that exceeds the commercial quota.
For the aforementioned reasons, there is good cause under 5 U.S.C.
553(d)(3) to waive the 30-day delay in the effective date of this
action.
Authority: 16 U.S.C. 5101 et seq.
Dated: October 30, 2020.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2020-24431 Filed 11-3-20; 8:45 am]
BILLING CODE 3510-22-P