Federal Register / Vol. 76, No. 107 / Friday, June 3, 2011 / Rules and Regulations 32085 

Determination That the Criteria for 

Deletion Have Been Met 

No further response action under 

CERCLA is appropriate. EPA has 

determined based on the investigations 

conducted that all appropriate response 

actions required have been 

implemented at the Site. Through the 

third Five-Year Review, EPA has also 

determined that the remedy is 

considered protective of human health 

and the environment and, therefore, 

additional remedial measures are not 

necessary. Other procedures required by 

40 CFR 300.425(e) are detailed in 

Section III of this direct Final Notice of 

Deletion. 

V. Deletion Action 

The EPA, with concurrence dated 

September 16, 2010, of the State of 

Delaware, through DNREC, has 

determined that all appropriate 

response actions under CERCLA, other 

than operation, maintenance, and fiveyear reviews, have been completed. 

Therefore, EPA is deleting the Site from 

the NPL. 

Because EPA considers this action 

noncontroversial and routine, EPA is 

taking it without prior publication. This 

action will be effective August 2, 2011 

unless EPA receives adverse comments 

by July 5, 2011. If adverse comments are 

received within the 30-day public 

comment period, EPA will publish a 

timely withdrawal of this direct final 

Notice of Deletion before the effective 

date of the deletion, and it will not take 

effect. EPA will prepare a response to 

comments and continue with the 

deletion process on the basis of the 

Notice of Intent to Delete and the 

comments already received. There will 

be no additional opportunity to 

comment. 

List of Subjects in 40 CFR Part 300 

Environmental protection, Air 

pollution control, Chemicals, Hazardous 

waste, Hazardous substances, 

Intergovernmental relations, Penalties, 

Reporting and recordkeeping 

requirements, Superfund, Water 

pollution control, Water supply. 

Dated: April 29, 2011. 

James W. Newsom, 

Acting Regional Administrator, Region III. 

For the reasons set out in this 

document, 40 CFR part 300 is amended 

as follows: 

PART 300—[AMENDED] 

■ 1. The authority citation for part 300 

continues to read as follows: 

Authority: 33 U.S.C. 1321(c)(2); 42 U.S.C. 

9601–9657; E.O. 12777, 56 FR 54757, 3 CFR, 

1991 Comp., p. 351; E.O. 12580, 52 FR 2923, 

3 CFR 1987 Comp., p.193. 

■ 2. Table 1 of Appendix B to part 300 

is amended by removing ‘‘DE’’, ‘‘Coker’s 

Sanitation Service Landfills’’, ‘‘Kent 

County’’. 

[FR Doc. 2011–13841 Filed 6–2–11; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Centers for Medicare & Medicaid 

Services 

42 CFR Part 412 

[CMS–1346–CN] 

RIN 0938–AQ23 

Medicare Program; Inpatient 

Psychiatric Facilities Prospective 

Payment System—Update for Rate 

Year Beginning July 1, 2011 (RY 2012); 

Correction 

AGENCY: Centers for Medicare & 

Medicaid Services (CMS), HHS. 

ACTION: Correction of final rule. 

SUMMARY: This document corrects two 

technical errors that appeared in the 

final rule published in the Federal 

Register on May 6, 2011 entitled, 

‘‘Inpatient Psychiatric Facilities 

Prospective Payment System—Update 

for Rate Year Beginning July 1, 2011 (RY 

2012).’’ 

DATES: Effective Date: July 1, 2011. 

FOR FURTHER INFORMATION CONTACT: 

Dorothy Myrick or Jana Lindquist, (410) 

786–4533. 

SUPPLEMENTARY INFORMATION: 

I. Background 

In FR Doc. 2011–10562 of May 6, 

2011 (76 FR 26432) (hereinafter referred 

to as the RY 2012 IPF PPS final rule), 

there were two technical errors that we 

describe in the ‘‘Summary of Errors’’ 

section and correct in the ‘‘Correction of 

Errors’’ section below. 

II. Summary of Errors 

In the RY 2012 IPF PPS final rule, on 

page 26452, in Table 11, we made a 

typographical error when we listed the 

diagnosis code ‘‘V451’’ rather than 

‘‘V4512’’ for the description of 

comorbidity for chronic renal failure. In 

addition, we inadvertently omitted from 

Table 11 the comorbidity code ‘‘V4511’’ 

for chronic renal failure. These changes 

are not substantive changes to the 

policies or payment methodologies in 

the final rule. They are changes to 

conform the final rule to reflect the 

correct policies, which were 

implemented on July 1, 2011. 

III. Correction of Errors 

In FR Doc. 2011–10562 of May 6, 

2011 (76 FR 26432), make the following 

corrections: 

• On page 26452, in Table 11—RY 

2012 Diagnosis Codes and Adjustment 

Factors for Comorbidity Categories, in 

the second column, with the heading 

‘‘Diagnoses codes,’’ for the renal failure, 

chronic diagnoses codes, replace code 

‘‘V451’’ with ‘‘V4512’’ and add code 

‘‘V4511.’’ 

IV. 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 in the rule. 

Section 553(d) of the APA ordinarily 

requires a 30-day delay in the effective 

date of rules after the date of their 

publication in the Federal Register. 

This 30-day delay in the 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 

notice merely corrects an error and 

omission in Table 11 of the RY 2012 IPF 

PPS final rule and does not make any 

substantive changes to the policies or 

payment methodologies. The correct 

policies were implemented on July 1, 

2011. We are simply conforming the RY 

2012 IPF PPS final rule to those policies 

by making the corrections identified 

herein. We believe that undertaking 

further notice and comment procedures 

to incorporate these corrections into the 

FY 2012 IPF PPS final rule and delaying 

the effective date of these changes is 

unnecessary. In addition, we believe it 

is important for the public to have the 

correct information as soon as possible, 

and believe it is contrary to the public 

interest to delay the dissemination of it. 

Therefore, we find there is good cause 

to waive notice and comment 

procedures and the 30-day delay in the 

effective date for this correction notice. 

(Catalog of Federal Domestic Assistance 

Program No. 93.773, Medicare—Hospital 

Insurance; and Program No. 93.774, 


wwoods2 on DSK1DXX6B1PROD with RULES_PART 1
32086 Federal Register / Vol. 76, No. 107 / Friday, June 3, 2011 / Rules and Regulations 

Medicare—Supplementary Medical 

Insurance Program) 

Dated: May 27, 2011. 

Dawn Smalls, 

Executive Secretary to the Department. 

[FR Doc. 2011–13839 Filed 6–2–11; 8:45 am] 

BILLING CODE 4120–01–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 635 

[Docket No. 100317152–0176–01] 

RIN 0648–XA393 

Atlantic Highly Migratory Species; 

Atlantic Bluefin Tuna Fisheries 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; inseason 

general category retention limit 

adjustment. 

SUMMARY: NMFS has determined that 

the Atlantic tunas General category 

daily Atlantic bluefin tuna (BFT) 

retention limit should be adjusted for 

the June through August 2011 time 

period, based on consideration of the 

regulatory determination criteria 

regarding inseason adjustments. This 

action applies to Atlantic tunas General 

category permitted vessels and Highly 

Migratory Species Charter/Headboat 

category permitted vessels (when 

fishing commercially for BFT). 

DATES: Effective June 3, 2011, through 

August 31, 2011. 

FOR FURTHER INFORMATION CONTACT: 

Sarah McLaughlin or Brad McHale, 

978–281–9260. 

SUPPLEMENTARY INFORMATION: 

Regulations implemented under the 

authority of the Atlantic Tunas 

Convention Act (16 U.S.C. 971 et seq.) 

and the Magnuson-Stevens Fishery 

Conservation and Management Act 

(Magnuson-Stevens Act; 16 U.S.C. 1801 

et seq.) governing the harvest of BFT by 

persons and vessels subject to U.S. 

jurisdiction are found at 50 CFR part 

635. Section 635.27 subdivides the U.S. 

BFT quota recommended by the 

International Commission for the 

Conservation of Atlantic Tunas (ICCAT) 

among the various domestic fishing 

categories, per the allocations 

established in the 2006 Consolidated 

Highly Migratory Species Fishery 

Management Plan (2006 Consolidated 

HMS FMP) (71 FR 58058, October 2, 

2006). 

The 2011 BFT fishing year, which is 

managed on a calendar-year basis and 

subject to an annual calendar-year 

quota, began January 1, 2011. The 

General category season, which was 

open for the month of January 2011, 

resumes on June 1, 2011, and continues 

through December 31, 2011. Starting on 

June 1, the General category daily 

retention limit (§ 635.23(a)(2)), is 

scheduled to revert back to the default 

retention limit of one large medium or 

giant BFT (measuring 73 inches (185 

cm) curved fork length (CFL) or greater) 

per vessel per day/trip. This default 

retention limit applies to General 

category permitted vessels and HMS 

Charter/Headboat category permitted 

vessels (when fishing commercially for 

BFT). Each of the General category time 

periods (January, June-August, 

September, October-November, and 

December) is allocated a portion of the 

annual General category quota, thereby 

ensuring extended fishing opportunities 

in years when catch rates are high and 

quota is available. For the 2010 fishing 

year, NMFS adjusted the General 

category limit from the default level of 

one large medium or giant BFT as 

follows: two large medium or giant BFT 

for January (74 FR 68709, December 29, 

2009), and three large medium or giant 

BFT for June through December (75 FR 

30730, June 2, 2010; and 75 FR 51182, 

August 19, 2010). NMFS adjusted the 

January 2011 limit to two large medium 

or giant BFT (75 FR 79309, December 

20, 2010). 

The 2010 ICCAT recommendation 

regarding western BFT management 

resulted in a 2011 U.S. quota of 923.7 

mt (not including a 25-mt allocation that 

the United States uses to account for 

bycatch of BFT in pelagic longline 

fisheries in the Northeast Distant Gear 

Restricted Area (NED)). Consistent with 

the allocation scheme established in the 

Consolidated HMS FMP, the baseline 

General category share would be 435.1 

mt, and the baseline June through 

August General category subquota 

would be 217.6 mt. In order to 

implement the ICCAT-recommended 

baseline annual U.S. BFT quota, NMFS 

published a proposed rule that would 

modify the U.S. BFT quota and base 

subquotas for all domestic fishing 

categories, and establish BFT quota 

specifications for 2011 (76 FR 13583, 

March 14, 2011). Until the final rule is 

effective (likely mid-June 2011), the BFT 

base quotas codified at § 635.27(a) 

remain in effect. The currently codified 

General category quota is 448.6 mt, and 

the currently codified June through 

August General category subquota is 

224.3 mt. 

Adjustment of General Category Daily 

Retention Limit 

Under § 635.23(a)(4), NMFS may 

increase or decrease the daily retention 

limit of large medium and giant BFT 

over a range of zero to a maximum of 

three per vessel based on consideration 

of the criteria provided under 

§ 635.27(a)(8), which include: The 

usefulness of information obtained from 

catches in the particular category for 

biological sampling and monitoring of 

the status of the stock; effects of the 

adjustment on BFT rebuilding and 

overfishing; effects of the adjustment on 

accomplishing the objectives of the 

fishery management plan; variations in 

seasonal distribution, abundance, or 

migration patterns of BFT; effects of 

catch rates in one area precluding 

vessels in another area from having a 

reasonable opportunity to harvest a 

portion of the category’s quota; and a 

review of dealer reports, daily landing 

trends, and the availability of the BFT 

on the fishing grounds. 

NMFS has considered the set of 

criteria cited above and their 

applicability to the General category 

BFT retention limit for the June-August 

2011 General category fishery. Based on 

General category landings rates during 

the June through August time-period 

over the last several years, it is highly 

unlikely that the June through August 

subquota will be filled with the default 

daily retention limit of one BFT per 

vessel. For example, under the threefish limit that applied in June–August 

2010, June–August landings were 

approximately 118 mt. This amount is 

less than both the 217.6 mt available 

under the 2010 ICCAT recommendation 

and the 224.3 mt available under the 

current regulations. NMFS expects 

landings from the General category in 

June through August 2011 to be within 

the available quota, once finalized. 

Furthermore, slow catch rates early in 

the season could result in unused quota 

being added to the later portion of the 

General category season. Increasing the 

daily retention limit from the default 

may mitigate rolling an excessive 

amount of unused quota from one timeperiod subquota to the next. 

Based on considerations of the 

available quota, fishery performance in 

recent years, and the availability of BFT 

on the fishing grounds, NMFS has 

determined that the General category 

retention limit should be adjusted to 

allow for retention of the anticipated 

2011 General category quota, and that 

the same approach used for June-August 

2010 is warranted. Therefore, NMFS 

increases the General category retention 

limit from the default limit to three large 


wwoods2 on DSK1DXX6B1PROD with RULES_PART 1