Federal Register / Vol. 77, No. 106 / Friday, June 1, 2012 / Rules and Regulations 32407 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Centers for Medicare & Medicaid 

Services 

42 CFR Parts 417, 422, and 423 

[CMS–4157–CN] 

RIN 0938–AQ86 

Medicare Program; Changes to the 

Medicare Advantage and the Medicare 

Prescription Drug Benefit Programs for 

Contract Year 2013 and Other 

Changes; Corrections 

AGENCY: Centers for Medicare & 

Medicaid Services (CMS), HHS. 

ACTION: Final rule with comment period; 

correction. 

SUMMARY: This document corrects 

technical errors and typographical 

errors in the final rule with comment 

period entitled ‘‘Medicare Program; 

Changes to the Medicare Advantage and 

the Medicare Prescription Drug Benefit 

Programs for Contract Year 2013 and 

Other Changes’’ which appeared in the 

April 12, 2012 Federal Register. 

DATES: Effective date: This document is 

effective June 1, 2012. 

FOR FURTHER INFORMATION CONTACT: 

Kathryn Jansak, (410) 786–9364. 

SUPPLEMENTARY INFORMATION: 

I. Background 

In FR Doc. 2012–8071 of April 12, 

2012 (77 FR 22072), the final rule with 

comment period entitled ‘‘Medicare 

Program; Changes to the Medicare 

Advantage and the Medicare 

Prescription Drug Benefit Programs for 

Contract Year 2013 and Other Changes’’ 

there were several technical errors and 

typographical errors that are identified 

and corrected in the Correction of Errors 

section. 

II. Summary of Errors 

A. Summary of Errors in the Preamble 

On page 22072, in the DATES section, 

we erroneously referenced the 

amendments to the definitions of ‘‘other 

health or prescription drug coverage’’ at 

§ 423.2305 and ‘‘supplemental benefits’’ 

at § 423.100 as being effective January 1, 

2013. We also inadvertently omitted 

references to several sections of the 

regulation text that are effective January 

1, 2013. 

On page 22076, the table titled ‘‘Table 

2: Finalized Revisions with Effective 

and/or Applicable Dates Other Than 60 

Days After Publication’’ was 

inadvertently numbered ‘‘Table 2’’ 

instead of ‘‘Table 1.’’ 

On page 22082, in the discussion 

regarding the effective and applicable 

dates of the regulatory and conforming 

changes to the definition of ‘‘other 

health or prescription drug coverage,’’ 

we inadvertently omitted language. 

B. Summary of Errors in the Regulations 

Text 

On page 22169, we made a 

typographical error in an amendatory 

instruction and inadvertently omitted a 

term in the definition of ‘‘daily costsharing rate’’ at § 423.100. 

III. Waiver of Proposed Rulemaking 

and Delay in Effective Date 

We ordinarily publish a notice of 

proposed rulemaking in the Federal 

Register to provide a period for public 

comment before the provisions of a rule 

take effect in accordance with section 

553(b) of the Administrative Procedure 

Act (APA) (5 U.S.C. 553(b)). However, 

we can waive this notice and comment 

procedure if the Secretary finds, for 

good cause, that the notice and 

comment process is impracticable, 

unnecessary, or contrary to the public 

interest, and incorporates a statement of 

the finding and the reasons therefore in 

the notice. 

Section 553(b) of the APA ordinarily 

requires a 30-day delay in effective date 

of final rules after the date of their 

publication in the Federal Register. 

This 30-day delay in effective date can 

be waived, however, if an agency finds 

for good cause that the delay is 

impracticable, unnecessary, or contrary 

to the public interest, and the agency 

incorporates a statement of the findings 

and its reasons in the rule issued. 

This correcting document does not 

constitute a rulemaking that would be 

subject to the APA notice and comment 

or delayed effective date requirements. 

This correcting document corrects 

technical errors in the effective dates 

and typographical errors in the 

regulation text of the April 12, 2012 

final rule with comment period and 

does not make substantive changes to 

the policies or payment methodologies 

that were adopted in the final rule with 

comment period. As a result, this 

correcting document is intended to 

ensure that information included in the 

April 12, 2012 final rule with comment 

period accurately reflects the policies 

adopted in that rule. Undertaking 

further notice and comment procedures 

to incorporate the corrections in this 

document into the final rule with 

comment period would be contrary to 

the public interest. Furthermore, such 

procedures would be unnecessary, as 

we are not altering the policies that 

were already subject to comment and 

finalized in our final rule with comment 

period. Therefore, we believe we have 

good cause to waive prior notice and 

comment. 

For the same reasons, we are also 

waiving the 30-day delay in effective 

date for these corrections. We believe 

that it is in the public interest to ensure 

that the April 12, 2012 final rule with 

comment period accurately states our 

policies as of the date they take effect. 

Therefore, we find that delaying the 

effective date of these corrections 

beyond the effective date of the final 

rule with comment period would be 

contrary to the public interest. In so 

doing, we find good cause to waive the 

30-day delay in the effective date. 

IV. Correction of Errors 

In FR Doc. 2012–8071 of April 12, 

2012 (77 FR 22072), make the following 

corrections: 

A. Correction of Errors in the Preamble 

1. On page 22072, first column, 

‘‘DATES’’ section, the paragraph that 

begins ‘‘These regulations are effective’’ 

and ends ‘‘are effective January 1, 2013’’ 

is corrected to read ‘‘These regulations 

are effective on June 1, 2012 unless 

otherwise specified in this final rule. 

The amendments to: the definition of 

‘‘Part D drugs’’ at § 423.100; 

§ 423.153(d)(1)(vii)(B); § 423.600(a) 

through (c); and § 423.602(a) are 

effective January 1, 2013. See section 

I.B. of this final rule with comment 

period and Table 1 for additional 

information regarding effective and 

applicability dates.’’ 

2. On page 22076, bottom half of the 

page, the table heading, ‘‘TABLE 2— 

FINALIZED REVISIONS WITH 

EFFECTIVE AND/OR APPLICABLE 

DATES OTHER THAN 60 DAYS AFTER 

PUBLICATION’’ is corrected to read 

‘‘TABLE 1—FINALIZED REVISIONS 

WITH EFFECTIVE AND/OR 

APPLICABLE DATES OTHER THAN 60 

DAYS AFTER PUBLICATION’’. 

3. On page 22082, third column, 

second full paragraph, line 17, the 

phrase ‘‘existing definition will on’’ is 

corrected to read’’ ‘‘existing definition 

will be applicable on’’. 

B. Correction of Errors in the 

Regulations Text 

■ 1. On page 22169, first column— 

■ A. Fourth full paragraph, 

(amendments to § 423.100, amendatory 

instruction 24.B.) lines 5 and 6, the 

sentence ‘‘By revising paragraph (2)(iii) 

of the definition of ‘‘Incurred costs’’ is 

corrected to read ‘‘By revising paragraph 

(2)(ii) of the definition of ‘‘Incurred 

costs’’. 


srobinson on DSK4SPTVN1PROD with RULES
32408 Federal Register / Vol. 77, No. 106 / Friday, June 1, 2012 / Rules and Regulations 

■ B. Tenth full paragraph (paragraph (2) 

of the definition of ‘‘Daily cost-sharing’’ 

at § 423.100), line 2, the phrase 

‘‘enrollee’s Part D’’ is corrected to read 

‘‘enrollee’s Part D plan’’. 

(Catalog of Federal Domestic Assistance 

Program No. 93.778, Medical Assistance 

Program) (Catalog of Federal Domestic 

Assistance Program No. 93.773, Medicare— 

Hospital Insurance; and Program No. 93.774) 

Dated: May 24, 2012. 

Jennifer M. Cannistra, 

Executive Secretary to the Department. 

[FR Doc. 2012–13362 Filed 5–31–12; 8:45 am] 

BILLING CODE 4120–01–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 622 

[Docket No. 120309176–2075–02] 

RIN 0648–BB56 

Fisheries of the Caribbean, Gulf of 

Mexico, and South Atlantic; SnapperGrouper Fishery Off the Southern 

Atlantic States; Amendment 18A 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Final rule. 

SUMMARY: NMFS issues this final rule to 

implement Amendment 18A to the 

Fishery Management Plan (FMP) for the 

Snapper-Grouper Fishery of the South 

Atlantic Region (Amendment 18A), as 

prepared and submitted by the South 

Atlantic Fishery Management Council 

(Council). This rule modifies the current 

system of accountability measures for 

black sea bass, limits effort in the black 

sea bass segment of the snapper-grouper 

fishery, and improves fisheries data in 

the for-hire sector of the snappergrouper fishery. Amendment 18A also 

updates the rebuilding plan and 

modifies the acceptable biological catch 

(ABC) for black sea bass. This final rule 

is intended to reduce overcapacity in 

the black sea bass segment of the 

snapper-grouper fishery. 

DATES: This rule is effective July 1, 

2012. 

ADDRESSES: Electronic copies of 

Amendment 18A may be obtained from 

the Southeast Regional Office Web site 

at http://sero.nmfs.noaa.gov/sf/ 

SASnapperGrouperHomepage.htm. 

Amendment 18A includes an 

Environmental Impact Statement, a 

Regulatory Impact Review, and a 

Fishery Impact Statement. 

Comments regarding the burden-hour 

estimates or other aspects of the 

collection-of-information requirements 

contained in this final rule may be 

submitted in writing to Anik Clemens, 

Southeast Regional Office, NMFS, 263 

13th Avenue South, St. Petersburg, FL 

33701; and OMB, by email at OIRA 

Submission@omb.eop.gov, or by fax to 

202–395–7285. 

FOR FURTHER INFORMATION CONTACT: Kate 

Michie, 727–824–5305. 

SUPPLEMENTARY INFORMATION: The 

snapper-grouper fishery of the South 

Atlantic is managed under the FMP. The 

FMP was prepared by the Council and 

is implemented through regulations at 

50 CFR part 622 under the authority of 

the Magnuson-Stevens Fishery 

Conservation and Management Act 

(Magnuson-Stevens Act). 

On January 31, 2012, NMFS 

published a notice of availability for 

Amendment 18A and requested public 

comment (77 FR 4754). On March 23, 

2012, NMFS published a proposed rule 

for Amendment 18A and requested 

public comment (77 FR 16991). 

NMFS partially approved 

Amendment 18A on May 2, 2012. 

NMFS disapproved the action 

establishing transferability criteria for 

the black sea bass pot endorsement, 

explaining that the amendment 

identified the wrong preferred 

alternative selected for this action, and 

there were discrepancies in the record 

regarding the Council’s discussion of 

the alternatives and the text describing 

and analyzing this alternative in the 

document. Because the Council’s intent 

was unclear from the administrative 

record, NMFS was unable to implement 

this action in compliance with the 

Administrative Procedure Act. The 

Council is addressing transferability 

criteria for black sea bass pot 

endorsements in a separate FMP 

amendment, which is currently under 

development. 

The proposed rule and Amendment 

18A outline the rationale for the actions 

contained in this final rule. The 

proposed rule incorrectly indicated that 

it would modify the black sea bass 

rebuilding strategy and ABC. Although 

these measures are included in 

Amendment 18A, they are not codified 

in the regulations. A summary of the 

actions implemented by this final rule is 

provided here. 

This rule modifies the black sea bass 

annual catch limit (ACL); limits 

participation in the black sea bass pot 

segment of the snapper-grouper fishery 

through an endorsement program; 

establishes an appeals process for 

fishermen excluded from the black sea 

bass pot endorsement program; limits 

the number of pot tags issued to 

participants in the black sea bass pot 

segment of the snapper-grouper fishery; 

implements measures to reduce black 

sea bass bycatch; modifies 

accountability measures (AMs) for black 

sea bass; establishes a commercial trip 

limit for black sea bass; modifies the 

current commercial and recreational 

black sea bass size limits; and improves 

data reporting in the for-hire sector of 

the snapper-grouper fishery. The intent 

of this rule is to reduce overcapacity in 

the black sea bass segment of the 

snapper-grouper fishery. 

Comments and Responses 

A total of 28 comments were received 

on the proposed rule and Amendment 

18A from individuals, Federal agencies, 

and fishing associations. NMFS received 

2 comments of general support and 26 

individual comments opposing one or 

more actions contained in Amendment 

18A. Several of the comments 

recommended alternative management 

measures for black sea bass. Specific 

comments related to the actions 

contained in the amendment and the 

rule as well as NMFS’ respective 

responses, are summarized below. 

Comment 1: Several commenters 

stated they have recently seen more 

black sea bass and larger black sea bass 

than in previous years. Additionally, 

several commenters stated they are 

seeing black sea bass in areas where 

they were not previously found. For 

these reasons the same commenters 

stated the commercial and recreational 

ACLs for black sea bass should be 

significantly increased to allow for more 

fishing of the stock. 

Response: Many fishery participants 

have indicated they are now seeing 

more black sea bass and larger black sea 

bass than in recent years, which is 

consistent with the finding of the most 

recent Southeast, Data, Assessment, and 

Review (SEDAR) for black sea bass 

which was completed in October 2011 

(SEDAR 25). SEDAR 25 indicates that 

black sea bass are no longer overfished, 

but are not yet fully rebuilt, and that 

black sea bass was experiencing 

overfishing to a small extent based on 

data from 2009 and 2010. Amendment 

17B to the FMP (Amendment 17B), 

which was implemented on January 31, 

2011, established ACLs and AMs for 

black sea bass to ensure overfishing of 

black sea bass does not occur (75 FR 

82280). 

The Magnuson-Stevens Act requires 

rebuilding plans to rebuild a stock 

within 10 years except under limited 


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