Federal Register / Vol. 71, No. 191 / Tuesday, October 3, 2006 / Rules and Regulations 58287 

§ 412.25(e) when instead we were 

amending § 412.25(e)(1). Second, we 

inadvertently misquoted a portion of 

§ 412.25(e)(1). Specifically, we stated 

that we were removing the phrase 

‘‘paragraph (e)(2) and (e)(4)’’ in the 

existing regulations. However, the 

existing regulation states ‘‘paragraphs 

(e)(2) through (e)(4)’’. Third, we made a 

typographical error in describing the 

phrase that was replacing the crossreference described above. Specifically, 

we stated that ‘‘paragraph (e)(2) and 

(e)(5)’’ was replacing ‘‘paragraph (e)(2) 

and (e)(4).’’ (We note that our final 

regulations make paragraphs (e)(2) 

through (e)(5), not just paragraphs (e)(2) 

and (e)(5), applicable to satellite 

facilities.) Therefore, in section III. B. of 

this notice, we are correcting the 

aforementioned errors by revising the 

first amendatory statement of § 412.25 to 

indicate that in paragraph (e)(1) we are 

removing the cross-reference to 

‘‘paragraphs (e)(2) through (e)(4)’’ and 

adding the cross-reference ‘‘paragraphs 

(e)(2) through (e)(5)’’ in its place. 

On pages 48191, 48201, and 48202, in 

Table 5—List of Diagnosis-Related 

Groups (DRGS), Relative Weighting 

Factors, and Geometric and Arithmetic 

Mean Length of Stay (LOS), we 

inadvertently listed the incorrect DRG 

title for several DRGs and the incorrect 

major diagnosis category (MDC) for DRG 

566 and DRG 572. Therefore, we are 

correcting these errors in section III. C. 

of this notice. 

III. Correction of Errors 

In FR Doc. 06–6692 of August 18, 

2006 (71 FR 47870), make the following 

corrections: 

A. Corrections to Errors in the Preamble 

On page 47944, first column, second 

full paragraph, lines 1 and 5, the figure 

‘‘583’’ is corrected to read ‘‘577’’. 

B. Corrections to Errors in the 

Regulations Text 

§ 412.25 [Corrected] 

On page 48137, first column, lines 10 

through 14, in the first amendatory 

statement for § 412.25, the sentence ‘‘In 

paragraph (e) introductory text, remove 

the cross-reference ‘paragraph (e)(2) and 

(e)(4)’ and add the cross-reference 

‘paragraph (e)(2) and (e)(5)’ in its place.’’

is corrected to read, ‘‘In paragraph (e)(1), 

remove the cross-reference ‘paragraphs 

(e)(2) through (e)(4)’ and add the crossreference ‘paragraphs (e)(2) through 

(e)(5)’ in its place.’’

C. Corrections to Errors in the 

Addendum 

Note: The addendum does not appear in 

the Code of Federal Regulations. 

1. On pages 48191, 48201, and 48202 

in Table 5—List of Diagnosis-Related 

Groups (DRGS), Relative Weighting 

Factors, and Geometric and Arithmetic 

Mean Length of Stay (LOS) the 

following DRG titles (column 6) are 

corrected to read as follows: 

DRG DRG title 

DRG 303 ................. Kidney and Ureter Procedures for Neoplasm. 

DRG 304 ................. Kidney and Ureter Procedures for Non-Neoplasm With CC. 

DRG 305 ................. Kidney and Ureter Procedures for Non-Neoplasm Without CC. 

DRG 543 ................. Craniotomy With Major Device Implant or Acute Complex CNS Principal Diagnosis. 

DRG 568 ................. Stomach, Esophageal & Duodenal Proc Age >17 W CC W/O Major GI DX. 

2. On page 48202, in Table 5—List of 

Diagnosis-Related Groups (DRGS), 

Relative Weighting Factors, and 

Geometric and Arithmetic Mean Length 

of Stay (LOS),—

a. Row 9, DRG 566, the MDC (column 

4) ‘‘06’’ is corrected to read ‘‘04’’. 

b. Row 15, DRG 572, the MDC 

(column 4) ‘‘08’’ is corrected to read 

‘‘06’’. 

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 therefore in 

the notice. 

Section 553(d) 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. 

Therefore, we are waiving proposed 

rulemaking and the 30-day delayed 

effective date for the technical 

corrections in this notice. This notice 

merely corrects typographical and 

technical errors in the preamble, 

regulations text, and addendum of the 

FY 2007 IPPS final rule and does not 

make substantive changes to the policies 

or payment methodologies that were 

adopted in the final rule. As a result, 

this notice is intended to ensure that the 

FY 2007 IPPS final rule accurately 

reflects the policies adopted in the final 

rule. Therefore, we find that 

undertaking further notice and comment 

procedures to incorporate these 

corrections into the final rule or 

delaying the effective date of these 

changes is unnecessary and contrary to 

the public interest. 

(Catalog of Federal Domestic Assistance 

Program No. 93.773, Medicare—Hospital 

Insurance; and Program No. 93.774, 

Medicare—Supplementary Medical 

Insurance Program) 

Dated: September 28, 2006. 

Ann C. Agnew, 

Executive Secretary to the Department. 

[FR Doc. 06–8429 Filed 9–29–06; 8:45 am] 

BILLING CODE 4120–01–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 635 

[I.D. 092506B] 

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 

retention limit adjustment. 

SUMMARY: NMFS has determined that 

the daily Atlantic bluefin tuna (BFT) 

retention limits for the Atlantic tunas 

General category should be adjusted to 

allow for a reasonable opportunity to 

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58288 Federal Register / Vol. 71, No. 191 / Tuesday, October 3, 2006 / Rules and Regulations 

harvest the General category October 

through January time-period subquota. 

Therefore, NMFS increases the daily 

BFT retention limits for October to 

provide enhanced commercial General 

category fishing opportunities in all 

areas while minimizing the risk of an 

overharvest of the General category BFT 

quota. 

DATES: The effective dates for the BFT 

daily retention limits are provided in 

Table 1 under SUPPLEMENTARY

INFORMATION. 

FOR FURTHER INFORMATION CONTACT: 

Mark Murray-Brown, 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. The 2006 BFT fishing year began 

on June 1, 2006, and ends May 31, 2007. 

The final initial 2006 BFT specifications 

and General category effort controls 

were published on May 30, 2006 (71 FR 

30619). These final specifications 

divided the General category quota 

among three subperiods (June through 

August, the month of September, and 

October through January) in accordance 

with the Highly Migratory Species 

Fishery Management Plan (1999 FMP) 

published in 1999 (May 29, 1999; 64 FR 

29090), and implementing regulations at 

§ 635.27. A three-fish General category 

retention limit was set for the first 

subperiod (June through August) due to 

the large amount of available quota and 

the low catch rate at the opening of the 

season. The three-fish General category 

retention limit was extended through 

the second subperiod (September) as 

catch rates remained low to provide 

enhanced fishing opportunities while 

minimizing the risk of exceeding 

available quota (71 FR 51529, August 

30, 2006). 

Daily Retention Limits 

Pursuant to this action and the final 

initial 2006 BFT specifications, noted 

above, the daily BFT retention limits for 

Atlantic tunas General category are as 

follows: 

TABLE 1. EFFECTIVE DATES FOR RETENTION LIMIT ADJUSTMENTS

Permit Category Effective Dates Areas BFT Size Class Limit 

General September 1, 2006, through September 

30, 2006, inclusive 

All Three BFT per vessel per day/trip, measuring 73 inches (185 cm) curved fork 

length (CFL) or larger 

October 1, 2006, through October 31, 

2006, inclusive 

All Three BFT per vessel per day/trip, measuring 73 inches (185 cm) curved fork 

length (CFL) or larger 

November 1, 2006, through January 31, 

2007, inclusive 

All One BFT per vessel per day/trip, measuring 73 inches (185 cm) CFL or larger 

Adjustment of General Category Daily 

Retention Limits 

Under § 635.23(a)(4), NMFS may 

increase or decrease the General 

category daily retention limit of large 

medium and giant BFT over a range 

from zero (on Restricted Fishing Days) 

to a maximum of three per vessel to 

allow for a reasonable opportunity to 

harvest the quota for BFT. As part of the 

final specifications on May 30, 2006 (71 

FR 30619), NMFS adjusted the 

commercial daily BFT retention limit, in 

all areas, for those vessels fishing under 

the General category quota, to three 

large medium or giant BFT, measuring 

73 inches (185 cm) or greater curved 

fork length (CFL), per vessel per day/ 

trip. This retention limit was to remain 

in effect through August 31, 2006, 

inclusive, but on August 30, 2006, was 

extended through September (71 FR 

51529). From October 1, 2006, through 

January 31, 2007, inclusive, the General 

category daily BFT retention limit was 

scheduled to revert to one large medium 

or giant BFT per vessel per day/trip. 

The June through September timeperiod subquota allocations for the 2006 

fishing year totaled approximately 1,038 

metric tons (mt). As of September 15, 

2006, 75.8 mt have been landed in the 

General category and catch rates are less 

than 1.0 mt per day. If catch rates 

remain at current levels, approximately 

11 mt would be landed during the 

remainder of September. This projection 

would bring the June though September 

time-period subquota landings to 

approximately 88.4 mt, resulting in an 

underharvest of approximately 951 mt. 

This carryover combined with the 

October through January time-period 

subquota allocation of 115.3 mt would 

allow for 1,066 mt to be harvested 

during the months of October through 

January. In combination with the 

subquota rollover from the June through 

August time-period, the expected 

rollover from September time-period 

subquota allocation, and the October 

through January subquota allocation, 

current catch rates, and the daily 

retention limit reverting to one large 

medium or giant BFT per vessel per day 

on October 1, 2006, NMFS anticipates 

the full October through January timeperiod subquota will not be harvested. 

Adding an excessive amount of unused 

quota from one time-period subquota to 

the subsequent time period subquota is 

undesirable because it effectively 

changes the time-period subquota 

allocation percentages established in the 

1999 FMP and may contribute to 

excessive carry-overs to subsequent 

fishing years. In the past, however the 

fishery has had the capability of 

increasing landings rates dramatically in 

the latter Fall and Winter months, 

particularly off southern states. If the 

fishery was to perform at these past 

levels with very high landings rates 

(although not witnessed during the 

winter of 2005/2006) it would alleviate 

concern of excessive roll-overs from one 

fishing year to the next but raises the 

possibility of a curtailed season without 

full extension of fishing opportunities 

through January. 

Therefore, based on a review of dealer 

reports, daily landing trends, available 

quota, and the availability of BFT on the 

fishing grounds, NMFS has determined 

that an increase in the General category 

daily BFT retention limit effective from 

October 1, 2006, through October 31, 

2006, inclusive, is warranted. Thus, the 

General category daily retention limit of 

three large medium or giant BFT per 

vessel per day/trip (see Table 1) is 

extended through October 31, 2006. 

From November 1, 2006, through 

January 31, 2007, inclusive, the General 

category default daily BFT retention 

limit will be one large medium or giant 

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Federal Register / Vol. 71, No. 191 / Tuesday, October 3, 2006 / Rules and Regulations 58289 

BFT per vessel per day/trip. NMFS 

anticipates that with a combination of 

the default retention limit starting on 

November 1, 2006, and the large amount 

of General category quota available, 

there will be sufficient quota for the 

coastwide General category season to 

extend into the winter months and 

allow for a southern Atlantic fishery to 

take place on an order of magnitude of 

prior years with minimal risk of 

landings exceeding available quota. 

However, to reduce the risks of 

excessive landings rates throughout the 

winter, NMFS has determined it 

necessary to only extend the three BFT 

daily retention limit for the one month 

of October and will re-examine the need 

to further extend the increased bag limit 

prior to November 1 based on landings 

rates and other fishery information. In 

addition, one of the preferred 

alternatives in the final Consolidated 

Highly Migratory Species FMP (July 14, 

2006, 71 FR 40095), would formally 

allocate General category sub-quota to 

the December and January individual 

time-frames to provide for a late-season 

south Atlantic fishery. 

This adjustment is intended to 

provide a reasonable opportunity to 

harvest the U.S. landings quota of BFT 

while maintaining an equitable 

distribution of fishing opportunities, to 

help achieve optimum yield in the 

General category BFT fishery, to collect 

a broad range of data for stock 

monitoring purposes, and to be 

consistent with the objectives of the 

1999 FMP. 

Monitoring and Reporting 

NMFS selected the daily retention 

limits and their duration after 

examining current and previous fishing 

year catch and effort rates, taking into 

consideration public comment on the 

annual specifications and inseason 

management measures for the General 

category received during the 2006 BFT 

quota specifications rulemaking process, 

and analyzing the available quota for the 

2006 fishing year. NMFS will continue 

to monitor the BFT fishery closely 

through dealer landing reports, the 

Automated Landings Reporting System, 

state harvest tagging programs in North 

Carolina and Maryland, and the Large 

Pelagics Survey. Depending on the level 

of fishing effort and catch rates of BFT, 

NMFS may determine that additional 

retention limit adjustments are 

necessary to ensure available quota is 

not exceeded or, to enhance scientific 

data collection from, and fishing 

opportunities in, all geographic areas. 

Closures or subsequent adjustments to 

the daily retention limits, if any, will be 

published in the Federal Register. In 

addition, fishermen may call the 

Atlantic Tunas Information Line at (888) 

872–8862 or (978) 281–9260, or access 

the internet at www.hmspermits.gov, for 

updates on quota monitoring and 

retention limit adjustments. 

Classification 

The Assistant Administrator for 

NMFS (AA), finds that it is 

impracticable and contrary to the public 

interest to provide prior notice of, and 

an opportunity for public comment on, 

this action for the following reasons: 

NMFS has recently become aware of 

increased availability of large medium 

and giant BFT off southern New 

England fishing grounds from fishing 

reports and landings data from dealers. 

This increase in abundance provides the 

potential to increase General category 

landings rates for a late season, southern 

New England fishery if participants are 

authorized to harvest three large 

medium or giant BFT per day. Although 

landings to date have been low (i.e. less 

than one mt/day) there is the potential 

for increased availability of BFT off the 

southern New England coast during the 

Fall to allow for an increase in fishery 

landing rates. The regulations 

implementing the 1999 FMP provide for 

inseason retention limit adjustments to 

respond to the unpredictable nature of 

BFT availability on the fishing grounds, 

the migratory nature of this species, and 

the regional variations in the BFT 

fishery. Adjustment of retention limits 

is also necessary to avoid excessive 

quota rollovers to subsequent General 

category time-period subquotas. 

Affording prior notice and opportunity 

for public comment to implement these 

retention limits is impracticable as it 

would preclude NMFS from acting 

promptly to allow harvest of BFT that 

are still available on southern New 

England fishing grounds. Analysis of 

available data shows that the General 

category BFT retention limit may be 

increased for the Atlantic tuna General 

and HMS Charter/Headboat permit 

holders with minimal risks of exceeding 

the International Commission for the 

Conservation of Atlantic Tunas 

allocated quota. 

Delays in increasing the retention 

limits would be contrary to the public 

interest. Limited opportunities to 

harvest the respective quotas may have 

negative social and economic impacts to 

U.S. fishermen that either depend on 

catching the available quota within the 

time-periods designated in the 1999 

FMP, or depend on multiple BFT 

retention limits to attract individuals to 

book charters. For both the General and 

the HMS Charter/Headboat sectors, the 

retention limits must be adjusted as 

expeditiously as possible so the 

impacted sectors can benefit from the 

adjustment. 

Therefore, the AA finds good cause 

under 5 U.S.C. 553(b)(B) to waive prior 

notice and the opportunity for public 

comment. For all of the above reasons, 

and because this action relieves a 

restriction (i.e., current default retention 

limit is one fish per vessel/trip but this 

action increases that limit and allows 

retention of more fish), there is also 

good cause under 5 U.S.C. 553(d) to 

waive the 30-day delay in effectiveness. 

This action is being taken under 50 

CFR 635.23(a)(4) and is exempt from 

review under Executive Order 12866. 

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

et seq. 

Dated: September 27, 2006. 

Alan D. Risenhoover, 

Director, Office of Sustainable Fisheries, 

National Marine Fisheries Service. 

[FR Doc. 06–8435 Filed 9–28–06; 2:57 pm] 

BILLING CODE 3510–22–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 660 

[Docket No. 051014263–6028–03; I.D. 

092106A] 

Fisheries Off West Coast States; 

Pacific Coast Groundfish Fishery; 

Specifications and Management 

Measures; Inseason Adjustments 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Inseason adjustments to 

groundfish management measures; 

request for comments. 

SUMMARY: NMFS announces changes to 

management measures in the 

commercial and recreational Pacific 

Coast groundfish fisheries. These 

actions, which are authorized by the 

Pacific Coast Groundfish Fishery 

Management Plan (FMP), are intended 

to allow fisheries to access more 

abundant groundfish stocks while 

protecting overfished and depleted 

stocks. 

DATES: Effective 0001 hours (local time) 

October 1, 2006. Comments on this rule 

will be accepted through November 2, 

2006. 

ADDRESSES: You may submit comments, 

identified by I.D. 092106A by any of the 

following methods: 

mstockstill on PROD1PC61 with RULES