60670 Federal Register / Vol. 71, No. 199 / Monday, October 16, 2006 / Rules and Regulations 

III. Collection of Information 

Requirements 

This document does not impose 

information collection and 

recordkeeping requirements. 

Consequently, it need not be reviewed 

by the Office of Management and 

Budget under the authority of the 

Paperwork Reduction Act of 1995 (44 

U.S.C. 35). 

IV. Regulatory Impact Statement 

We have examined the impact of this 

rule as required by Executive Order 

12866 (September 1993, Regulatory 

Planning and Review), the Regulatory 

Flexibility Act (RFA) (September 19, 

1980, Pub. L. 96–354), section 1102(b) of 

the Social Security Act, the Unfunded 

Mandates Reform Act of 1995 (Pub. L. 

104–4), and Executive Order 13132. 

Executive Order 12866 directs 

agencies to assess all costs and benefits 

of available regulatory alternatives and, 

if regulation is necessary, to select 

regulatory approaches that maximize 

net benefits (including potential 

economic, environmental, public health 

and safety effects, distributive impacts, 

and equity). A regulatory impact 

analysis (RIA) must be prepared for 

major rules with economically 

significant effects ($100 million or more 

in any 1 year). This rule does not reach 

the economic threshold and thus is not 

considered a major rule. 

The RFA requires agencies to analyze 

options for regulatory relief for small 

businesses. For purposes of the RFA, 

small entities include small businesses, 

nonprofit organizations, and small 

governmental jurisdictions. Most 

hospitals and most other providers and 

suppliers are small entities, either by 

nonprofit status or by having revenues 

of $6 million to $29 million in any 1 

year. Individuals and States are not 

included in the definition of a small 

entity. 

This final rule codifies our procedures 

for implementing provisions of the 

Balanced Budget Act of 1997 to allocate, 

among the States, Federal funds to 

provide Medicaid payment for Medicare 

Part B premiums for low-income 

Medicare beneficiaries. The total 

amount of Federal funds available 

during a Federal fiscal year and the 

formula for determining individual 

State allotments are specified in the law. 

We have applied the statutory formula 

for the State allotments. Because the 

data specified in the law were not 

initially available, we used comparable 

data from the U.S. Census Bureau on the 

number of possible qualifying 

individuals in the States. This rule also 

permits, in a specific circumstance, 

reallocation of funds to enable 

enrollment of all eligible individuals to 

the extent of the available funding. 

We believe that the statutory 

provisions implemented in this final 

rule will have a positive effect on States 

and individuals. Federal funding at the 

100 percent matching rate is available 

for Medicare cost-sharing for Medicare 

Part B premium payments for qualifying 

individuals and, with the reallocation of 

the State allotments, a greater number of 

low-income Medicare beneficiaries will 

be eligible to have their Medicare Part 

B premiums paid under Medicaid. The 

changes in allotments will not result in 

fewer individuals receiving the QI 

benefit in any State. The FY 2006 and 

FY 2007 costs for this provision have 

been included in the FY 2007 

President’s Budget. 

Section 1102(b) of the Social Security 

Act requires us to prepare a regulatory 

impact analysis for any rule that may 

have a significant impact on the 

operations of a substantial number of 

small rural hospitals. The analysis must 

conform to the provisions of section 604 

of the RFA. For purposes of section 

1102(b) of the Act, we define a small 

rural hospital as a hospital that is 

located outside a Core-Based Statistical 

Area and has fewer than 100 beds. 

We are not preparing analyses for 

either the RFA or section 1102(b) of the 

Act because we have determined and 

certify that this final rule will not have 

a significant economic impact on a 

substantial number of small entities or 

a significant impact on the operations of 

a substantial number of small rural 

hospitals. 

Section 202 of the Unfunded 

Mandates Reform Act of 1995 also 

requires that agencies assess anticipated 

costs and benefits before issuing any 

rule that may result in expenditure in 

any 1 year by State, local, or tribal 

governments, in the aggregate, or by the 

private sector, of $110 million. This rule 

will have no consequential effect on the 

governments mentioned or on the 

private sector. 

Executive Order 13132 establishes 

certain requirements that an agency 

must meet when it promulgates a rule 

that imposes substantial direct 

requirement costs on State and local 

governments, preempts State law, or 

otherwise has federalism implications. 

Since this regulation does not impose 

any costs on State or local governments, 

the requirements of E.O. 13132 are not 

applicable. 

In accordance with the provisions of 

Executive Order 12866, this final rule 

was reviewed by the Office of 

Management and Budget. 

List of Subjects in 42 CFR Part 433 

Administrative practice and 

procedure, Child support, Claims, Grant 

programs—health, Medicaid, Reporting 

and recordkeeping requirements. 

PART 433—STATE FISCAL 

ADMINISTRATION 

■ Accordingly, the interim final rule 

amending 42 CFR part 433, which was 

published at 71 FR 25085 on April 28, 

2006, is adopted as final. 

Authority: Sections 1902(a)(10), 1933 of 

the Social Security Act (42 U.S.C. 1396a), 

and Public Law 105–33. 

(Catalog of Federal Domestic Assistance 

Program No. 93.778, Medical Assistance 

Program) 

Dated: September 19, 2006. 

Mark B. McClellan, 

Administrator, Centers for Medicare & 

Medicaid Services. 

Approved: September 28, 2006. 

Michael O. Leavitt, 

Secretary. 

[FR Doc. E6–17033 Filed 10–13–06; 8:45 am] 

BILLING CODE 4120–01–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 060216044–6044–01; I.D. 

101106A] 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Pacific Cod by NonAmerican Fisheries Act Crab Vessels 

Catching Pacific Cod for Processing 

by the Offshore Component in the 

Western Regulatory Area of the Gulf of 

Alaska 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; closure. 

SUMMARY: NMFS is prohibiting directed 

fishing for Pacific cod by non-American 

Fisheries Act (AFA) crab vessels 

catching Pacific cod for processing by 

the offshore component in the Western 

Regulatory Area of the Gulf of Alaska 

(GOA). This action is necessary to 

prevent exceeding the 2006 Pacific cod 

sideboard limits apportioned to nonAFA crab vessels catching Pacific cod 

for processing by the offshore 

component of the Western Regulatory 

Area of the GOA. 


jlentini on PROD1PC65 with RULES
Federal Register / Vol. 71, No. 199 / Monday, October 16, 2006 / Rules and Regulations 60671 

DATES: Effective 1200 hrs, Alaska local 

time (A.l.t.), October 12, 2006, until 

2400 hrs, A.l.t., December 31, 2006. 

FOR FURTHER INFORMATION CONTACT: 

Jennifer Hogan, 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 

Management Act. Regulations governing 

fishing by U.S. vessels in accordance 

with the FMP appear at subpart H of 50 

CFR part 600 and 50 CFR part 679. 

The 2006 Pacific cod sideboard limits 

apportioned to non-AFA crab vessels 

catching Pacific cod for processing by 

the offshore component is 412 mt for the 

Western Regulatory Area of the GOA, as 

established by the 2006 and 2007 

harvest specifications for groundfish of 

the GOA (71 FR 10870, March 3, 2006). 

In accordance with § 680.22(e)(2)(i), 

the Administrator, Alaska Region, 

NMFS (Regional Administrator), has 

determined that the 2006 harvest limit 

of Pacific cod apportioned to non-AFA 

crab vessels catching Pacific cod for 

processing by the offshore component of 

the Western Regulatory Area of the GOA 

will soon be reached. Therefore, the 

Regional Administrator is establishing a 

sideboard directed fishing allowance for 

Pacific cod as 402 mt in the Western 

Regulatory Area. The remaining 10 mt 

in the Western Regulatory Area will be 

set aside as bycatch to support other 

anticipated groundfish fisheries. In 

accordance with § 680.22(e)(3), the 

Regional Administrator finds that this 

sideboard directed fishing allowance 

has been reached. Consequently, NMFS 

is prohibiting directed fishing for Pacific 

cod by non-AFA crab vessels catching 

Pacific cod for processing by the 

offshore component in the Western 

Regulatory Area of the GOA. 

After the effective date of this closure 

the maximum retainable amounts at 

§ 679.20(e) and (f) apply at any time 

during a trip. 

Classification 

This action responds to the best 

available information recently obtained 

from the fishery. The Assistant 

Administrator for Fisheries, NOAA 

(AA), finds good cause to waive the 

requirement to provide prior notice and 

opportunity for public comment 

pursuant to the authority set forth at 5 

U.S.C. 553(b)(B) as such requirement is 

impracticable and contrary to the public 

interest. This requirement is 

impracticable and contrary to the public 

interest as it would prevent NMFS from 

responding to the most recent fisheries 

data in a timely fashion and would 

delay the sideboard directed fishing 

closure of Pacific cod apportioned to 

non-AFA crab vessels catching Pacific 

cod for processing by the offshore 

component of the Western Regulatory 

Area of the GOA. NMFS was unable to 

publish a notice providing time for 

public comment because the most 

recent, relevant data only became 

available as of October 10, 2006. 

The AA also finds good cause to 

waive the 30 day delay in the effective 

date of this action under 5 U.S.C. 

553(d)(3). This finding is based upon 

the reasons provided above for waiver of 

prior notice and opportunity for public 

comment. 

This action is required by § 680.22 

and is exempt from review under 

Executive Order 12866. 

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

Dated: October 11, 2006. 

James P. Burgess, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 06–8707 Filed 10–11–06; 2:38 pm] 

BILLING CODE 3510–22–S 


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