Federal Register / Vol. 65, No. 127 / Friday, June 30, 2000 / Rules and Regulations 40537

payment for outpatient services for a

potentially significant period of time. In

addition, many of our intermediaries do

not have sufficient electronic storage

space to hold claims for nearly as long

as it will take for our systems to be fully

tested.

Even if sufficient storage capacity

were available, holding claims until

HCFA was fully able to implement the

PPS would lead to problems. These

would have included extensive

operational delays at the intermediaries

to process and pay the claims once the

software became available. Considerable

risk of improper or inaccurate payment

exists in later working off what would

be a crippling backlog of held claims in

an expedited manner. Therefore, given

our need to accurately program and test

the PPS, it would not be feasible, given

our operational limitations, to maintain

the previous July 1 effective date.

Because of the uncertainty for providers,

beneficiaries, and HCFA contractors that

would be caused by holding claims for

any significant period of time, we do not

believe that such a course of action

provides a viable alternative to a brief

delay in the effective date of the PPS.

We had hoped and planned to be able

to implement the PPS on July 1, 2000

as stated in the April final rule with

comment period. We regret that we

must postpone the benefits of the new

payment system for beneficiaries, even

for only one month. Nevertheless,

because of the significance of the

considerations discussed above and the

unacceptable risk to the successful

implementation of the PPS that would

be incurred if we chose to move forward

as originally planned and implement

the PPS on July 1, we have recognized

the need to postpone the effective date

announced in the April rule.

As stated earlier, the changes to

§ 412.24(d)(6), new § 413.65, and the

changes to § 489.24(h), § 489.2 and

§ 489.3 will still be effective on October

10, 2000.

II. Impact Statement

In the April 7, 2000 final rule, we

discussed the changes the BBA and

BBRA will have on payments to

hospitals and beneficiaries. Because we

are delaying the implementation of the

final rule, the current payment rates

required under pre-BBA rules will

remain in effect for an additional 32

days which may have a significant

impact on a substantial number of small

entities.

(Catalog of Federal Domestic Assistance

93.774, Medicare—Supplementary Medical

Insurance Program)

Dated: June 22, 2000.

Nancy-Ann Min DeParle,

Administrator, Health Care Financing

Administration.

Dated: June 23, 2000.

Michael F. Mangano,

Principal Deputy Inspector General,

Department of Health and Human Services.

Approved: June 23, 2000.

Donna E. Shalala,

Secretary.

[FR Doc. 00–16586 Filed 6–29–00; 8:45 am]

BILLING CODE 4120–01–P

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Parts 600 and 660

[Docket No. 991223347–9347–01; I.D.

120299C]

Fisheries off West Coast States and in

the Western Pacific; Pacific Coast

Groundfish Fishery; Extension of

Emergency Rule

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Extension of emergency rule

effectiveness period.

SUMMARY: This action extends an

existing emergency rule that was

published in conjunction with the

annual specifications and management

measures for the Pacific coast

groundfish fishery off Washington,

Oregon, and California in 2000. The

emergency authority was used to

implement and designate as routine a

number of management measures that

are intended to achieve rebuilding plans

for overfished stocks, reduce bycatch,

prevent overfishing, maximize the

harvest of healthy stocks while

protecting and rebuilding overfished

and depleted stocks, and equitably

distribute the burdens among the

different fishing sectors. The emergency

rule is authorized by the MagnusonStevens Fishery Conservation and

Management Act (Magnuson-Stevens

Act).

DATES: The emergency rule published

January 4, 2000, beginning at 65 FR 221,

is extended until the effective date of

the annual specifications and

management measures for the 2001

groundfish fishery, but no later than

January 3, 2001. The 2001 annual

specifications and management

measures will be published in the

Federal Register.

ADDRESSES: Copies of the environmental

assessment/regulatory impact review are

available from William Stelle, Jr.,

Administrator, Northwest Region

(Regional Administrator), NMFS, 7600

Sand Point Way NE., BIN C15700, Bldg.

1, Seattle, WA 98115–0070; or Rodney

McInnis, Acting Administrator,

Southwest Region, NMFS, 501 West

Ocean Blvd., Suite 4200, Long Beach,

CA 90802–4213.

FOR FURTHER INFORMATION CONTACT:

Katherine King at 206–526–6140.

SUPPLEMENTARY INFORMATION: NMFS is

extending an emergency rule (65 FR

221, January 4, 2000) which otherwise

would expire on July 3, 2000. The

emergency authority was used to

implement and designate as routine a

number of management measures that

were designed to achieve rebuilding

plans for overfished stocks, reduce

bycatch, prevent overfishing, maximize

the harvest of healthy stocks while

protecting and rebuilding overfished

and depleted stocks, and equitably

distribute the burdens among the

different fishing sectors. NMFS is

extending the rule pursuant to the

emergency rulemaking authority of the

Secretary of Commerce (Secretary)

under the Magnuson-Stevens Act, 16

U.S.C. 1855(c)(3)(B). Amendment 13 to

the FMP, currently under development,

includes provisions that would

authorize, on a permanent basis, future

use of the provisions implemented

under the emergency rule. This action is

necessary to maintain the management

regime approved by the Secretary,

implemented on January 1, 2000,

pending Secretarial review and approval

of Amendment 13. No changes to the

emergency rule are made by this

extension.

Background

In the past, annual management

measures have been primarily set

through ‘‘routine’’ management

procedures that consisted of adjusting

commercial trip limits and recreational

bag limits. For most species, the limited

entry commercial trip limit did not vary

with the type of gear used. However,

because of the drastic reductions in

harvest limits for many species which

were necessary in 2000, and the

multispecies characteristic of the

fishery, the existing routine

management measures did not produce

sufficient and appropriately targeted

harvest reductions. Therefore, at its

November 1999 meeting, the Pacific

Fishery Management Council (Council)

recommended that NMFS implement an

emergency rule for 2000 that would

address these concerns. At the time,

40538 Federal Register / Vol. 65, No. 127 / Friday, June 30, 2000 / Rules and Regulations

Amendment 13 was under

development, and the Council expected

that Amendment 13 would authorize

future use of the emergency provisions

on a permanent basis. Accordingly, an

emergency rule with a request for public

comments was prepared in conjunction

with the annual specifications and

management measures for 2000. It was

filed with the Federal Register on

December 27, 1999, published on

January 4, 2000 (65 FR 221), and became

effective on January 1, 2000. A detailed

discussion on the management

measures, rebuilding plans, and

rationale for the emergency action is

included in the preamble to the

emergency rule/annual management

measures (65 FR 221, January 4, 2000)

and the environmental assessment/

regulatory impact review for that action,

and is not restated in this extension.

Public Comments

NMFS received a number of

comments on the emergency rule and

annual specifications and management

measures, and already has, or will,

respond to those comments

individually, with one exception. NMFS

received, as a comment, a copy of the

complaint that was filed in Federal

District Court in the Northern District of

California, in the case of Solomon v.

Daley, Civil No. 00–0383. NMFS will

respond to this comment in the context

of that lawsuit rather than in the

extension to the emergency rule.

Classification

This emergency rule has been

determined to be not significant for

purposes of Executive Order 12866.

Authority: 16 U.S.C. 1801 et seq.

Dated: June 27, 2000.

Andrew A. Rosenberg,

Deputy Assistant Administrator for Fisheries,

National Marine Fisheries Service.

[FR Doc. 00–16638 Filed 6–29–00; 8:45 am]

BILLING CODE 3510–22–F

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Part 635

[I.D. 061500D]

Atlantic Highly Migratory Species

Fisheries; Atlantic Bluefin Tuna

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Harpoon category closure.

SUMMARY: NMFS has determined that

the Atlantic bluefin tuna (BFT) Harpoon

category annual quota for the 2000

fishing year will be attained by June 26,

2000. Therefore, the 2000 Harpoon

category fishery will be closed effective

at 11:30 p.m. on June 26, 2000. This

action is being taken to prevent

overharvest of the Harpoon category

quota.

DATES: Effective 11:30 p.m. local time

on June 26, 2000, through May 31, 2001.

FOR FURTHER INFORMATION CONTACT: Pat

Scida 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.)

governing the harvest of BFT by persons

and vessels subject to U.S. jurisdiction

are found at 50 CFR part 635. Section

635.27(a) subdivides the U.S. quota

recommended by the International

Commission for the Conservation of

Atlantic Tunas (ICCAT) among the

various domestic fishing categories.

Harpoon Category Closure

NMFS is required, under § 635.28

(a)(1), to file with the Office of the

Federal Register for publication

notification of closure when a BFT

quota is reached or is projected to be

reached. On and after the effective date

and time of such notification, for the

remainder of the fishing year or for a

specified period as indicated in the

notice, fishing for, retaining, possessing,

or landing BFT under that quota

category is prohibited until the opening

of the subsequent quota period or until

such date as specified in the notice.

The proposed 2000 BFT quota

specifications issued pursuant to 50

CFR 635.27 would set a quota of 54.1 mt

of large medium and giant BFT to be

harvested from the regulatory area by

vessels permitted in the Harpoon

category during the 2000 fishing year

(65 FR 33513, May 24, 2000). NMFS

expects to issue final quota

specifications by early July 2000, and

based on comments received and the

international quota mandated by ICCAT,

does not anticipate changes to the

proposed Harpoon category quota.

Based on reported landings and effort,

NMFS projects that this quota will be

reached by June 26, 2000. Therefore,

fishing for, retaining, possessing, or

landing large medium or giant BFT by

vessels in the Harpoon category must

cease at 11:30 p.m. local time on June

26, 2000.

The intent of this closure is to prevent

overharvest of the quota proposed for

the Harpoon category. In the event the

Harpoon category landings amount to

less than the final Harpoon category

quota, NMFS would consider reopening

the fishery.

Classification

This action is taken under

§§ 635.27(a) and 635.28 (a)(1) and is

exempt from review under Executive

Order 12866.

Authority: 16 U.S.C. 971 et seq. and 1801

et seq.

Dated: June 26, 2000.

Bruce C. Morehead,

Acting Director, Office of Sustainable

Fisheries, National Marine Fisheries Service.

[FR Doc. 00–16526 Filed 6–26–00; 4:35 pm]

BILLING CODE 3510–22–F

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Part 679

[Docket No. 991228352–0012–02; I.D.

062100A]

Fisheries of the Exclusive Economic

Zone Off Alaska; Rockfish and Pacific

Ocean Perch in the Central and

Eastern Regulatory Areas of the Gulf

of Alaska

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Modification of a closure.

SUMMARY: NMFS is opening directed

fishing for Pacific ocean perch and

northern rockfish in the Central

Regulatory Area, and Pacific ocean

perch in the Eastern Regulatory Area of

the Gulf of Alaska (GOA) by catcher

vessels that are non-exempt under the

American Fisheries Act (AFA). This

action is necessary to allow non-exempt

catcher vessels to participate in these

fisheries consistent with regulations

implementing the AFA.

DATES: Effective 1200 hrs, Alaska local

time (A.l.t.), July 4, 2000, until 2400

hours, A.l.t., December 31, 2000, or

until NMFS publishes further notice in

the Federal Register.

FOR FURTHER INFORMATION CONTACT:

Andrew Smoker, 907–586–7228.

SUPPLEMENTARY INFORMATION: NMFS

manages the groundfish fishery in the

GOA exclusive economic zone

according to the Fishery Management

Plan for Groundfish of the Gulf of

Alaska (FMP) prepared by the North

Pacific Fishery Management Council

under authority of the MagnusonStevens Fishery Conservation and