13710 Federal Register / Vol. 72, No. 56 / Friday, March 23, 2007 / Rules and Regulations 

provisions of the Paperwork Reduction 

Act of 1995 (44 U.S.C. 3501 et seq.). 

Congressional Review Act 

The Congressional Review Act, 5 

U.S.C. 801 et seq., as added by the Small 

Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to each House of the 

Congress and to the Comptroller General 

of the United States. EPA will submit a 

report containing this rule and other 

required information to the U.S. Senate, 

the U.S. House of Representatives, and 

the Comptroller General of the United 

States prior to publication of the rule in 

the Federal Register. A major rule 

cannot take effect until 60 days after it 

is published in the Federal Register. 

This action is not a ‘‘major rule’’ as 

defined by 5 U.S.C. 804(2). 

Under section 307(b)(1) of the Clean 

Air Act, petitions for judicial review of 

this action must be filed in the United 

States Court of Appeals for the 

appropriate circuit by May 22, 2007. 

Filing a petition for reconsideration by 

the Administrator of this final rule does 

not affect the finality of this rule for the 

purposes of judicial review nor does it 

extend the time within which a petition 

for judicial review may be filed, and 

shall not postpone the effectiveness of 

such rule or action. This action may not 

be challenged later in proceedings to 

enforce its requirements. (See section 

307(b)(2).) 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Ozone, Volatile organic compounds. 

Dated: February 28, 2007. 

Steve Rothblatt, 

Acting Regional Administrator, Region 5. 

■ For the reasons stated in the preamble, 

part 52, chapter I, of title 40 of the Code 

of Federal Regulations is amended as 

follows: 

PART 52—[AMENDED] 

■ 1. The authority citation for part 52 

continues to read as follows: 

Authority: 42 U.S.C. 7401 et seq. 

Subpart O—Illinois 

■ 2. Section 52.720 is amended by 

adding paragraph (c)(176) to read as 

follows: 

§ 52.720 Identification of plan. 

* * * * * 

(c) * * * 

(176) On June 14, 2004, Illinois 

submitted revisions to volatile organic 

compound rules for Formel Industries, 

Incorporated in Cook County, Illinois. 

The revisions consist of withdrawing an 

adjusted standard to the Flexographic 

Printing Rule. Formel Industries has 

installed a control device and is 

complying with the Flexographic 

Printing Rule. 

(i) Incorporation by reference. 

An April 15, 2004, Supplemental 

Opinion and Order of the Illinois 

Pollution Control Board AS 00–13, 

terminating Formel’s previously issued 

(January 18, 2001) adjusted standard 

from the Flexographic Printing Rule, 

effective April 15, 2004. 

[FR Doc. E7–5359 Filed 3–22–07; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Centers for Medicare & Medicaid 

Services 

42 CFR Parts 411 and 424 

[CMS–1810–RCN] 

RIN 0938–AK67 

Medicare Program; Physicians’

Referrals to Health Care Entities With 

Which They Have Financial Relations 

(Phase II); Continuation of 

Effectiveness and Extension of 

Timeline for Publication of Final Rule 

AGENCY: Centers for Medicare & 

Medicaid Services (CMS), HHS. 

ACTION: Interim final rule; continuation 

of effectiveness and extension of 

timeline for publication of final rule. 

SUMMARY: This notice announces the 

continuation of effectiveness of a 

Medicare interim final rule and the 

extension of the timeline for publication 

of the final rule. This notice is issued in 

accordance with section 1871(a)(3)(C) of 

the Social Security Act (the Act), which 

allows an interim final rule to remain in 

effect after the expiration of the timeline 

specified in section 1871(a)(3)(B) of the 

Act if the Secretary publishes a notice 

of continuation prior to the expiration of 

the timeline. 

DATES: Effective Date: This notice is 

effective on March 23, 2007. 

FOR FURTHER INFORMATION CONTACT: Lisa 

Ohrin, (410) 786–4565. 

SUPPLEMENTARY INFORMATION: 

I. Background 

Section 1871(a)(3)(A) of the Social 

Security Act (Act) requires the 

Secretary, in consultation with the 

Director of the Office of Management 

and Budget (OMB), to establish a regular 

timeline for the publication of a final 

rule based on the previous publication 

of a proposed rule or an interim final 

rule. In accordance with section 

1871(a)(3)(B) of the Act, such regular 

timeline may vary among different final 

rules, based on the complexity of the 

rule, the number and scope of the 

comments received, and other relevant 

factors. The timeline for publishing the 

final regulation; however, cannot exceed 

3 years from the date of publication of 

the proposed or interim final rule, 

unless there are exceptional 

circumstances. After consultation with 

the Director of OMB, we published a 

notice in the Federal Register on 

December 30, 2004 (69 FR 78442) 

establishing a general 3-year timeline for 

publishing final rules after the 

publication of a proposed or interim 

final rule. 

Section 1871(a)(3)(C) of the Act states 

that a Medicare interim final rule shall 

not continue in effect if the final rule is 

not published before the expiration of 

the regular timeline, unless the 

Secretary publishes at the end of the 

regular timeline a notice of continuation 

that includes an explanation of why the 

regular timeline was not met. Upon 

publication of such a notice, the 

timeline for publishing the final rule is 

extended for 1 year. 

II. Notice of Continuation 

On March 26, 2004, we published an 

interim final rule with comment period 

(the ‘‘Phase II’’ rule), which set forth the 

physician self-referral prohibition and 

applicable definitions, interpreted 

various statutory exceptions to the 

prohibition, and created additional 

regulatory exceptions for arrangements 

that do not pose a risk of program or 

patient abuse (69 FR 16054). Phase II 

also responded to comments received 

from an earlier interim final rule (the 

‘‘Phase I’’ rule) regarding the physician 

self-referral prohibition, which was 

published on January 4, 2001 (66 FR 

856). Under the previously established 

regular timeline for the publication of a 

final rule, we must respond to public 

comments on the Phase II rule in a final 

rule (the ‘‘Phase III’’ rule) published no 

later than March 26, 2007. 

This notice announces an extension of 

the timeline for publication of the Phase 

III physician self-referral final rule and 

the continuation of effectiveness of the 

Phase II interim final rule. We are not 

able to meet the 3-year timeline for 

publication because we received 

extensive public comments requesting 

clarification of and revisions to the 


sroberts on PROD1PC70 with RULES
Federal Register / Vol. 72, No. 56 / Friday, March 23, 2007 / Rules and Regulations 13711 

physician self-referral regulations. We 

have given the numerous and varied 

public comments exhaustive review, 

which required a significant amount of 

time and resources. Further, because the 

physician self-referral rules are jointly 

enforced by CMS, the Office of Inspector 

General, and the Department of Justice, 

substantial interagency coordination has 

been necessary. 

This notice extends the timeline for 

publication of the Phase III final rule 

through March 26, 2008. In accordance 

with section 1871(a)(3)(C) of the Act, the 

March 26, 2004 interim final rule shall 

remain in effect through March 26, 2008 

(unless Phase III is published and 

becomes effective before March 26, 

2008). 

Authority: Section 1871 of the Social 

Security Act (42 U.S.C. 1395hh). 

(Catalog of Federal Domestic Assistance 

Program No. 93.773 Medicare—Hospital 

Insurance Program; and No. 93.774, 

Medicare—Supplementary Medical 

Insurance Program) 

Dated: March 19, 2007. 

Ann C. Agnew, 

Executive Secretary to the Department. 

[FR Doc. 07–1434 Filed 3–20–07; 4:00 am] 

BILLING CODE 4120–01–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 070213032–7032–01; I.D. 

032007A] 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Pollock in Statistical 

Area 610 of the Gulf of Alaska 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; modification 

of a closure. 

SUMMARY: NMFS is opening directed 

fishing for pollock in Statistical Area 

610 of the Gulf of Alaska (GOA) for 48 

hours. This action is necessary to fully 

use the B season allowance of the 2007 

total allowable catch (TAC) of pollock 

specified for Statistical Area 610 of the 

GOA. 

DATES: Effective 1200 hrs, Alaska local 

time (A.l.t.), March 21, 2007, through 

1200 hrs, A.l.t., March 23, 2007. 

Comments must be received at the 

following address no later than 4:30 

p.m., A.l.t., April 4, 2007. 

ADDRESSES: Send comments to Sue 

Salveson, Assistant Regional 

Administrator, Sustainable Fisheries 

Division, Alaska Region, NMFS, Attn: 

Ellen Sebastian. Comments may be 

submitted by: 

• Mail to: P.O. Box 21668, Juneau, AK 

99802; 

• Hand delivery to the Federal 

Building, 709 West 9th Street, Room 

420A, Juneau, Alaska; 

• FAX to 907–586–7557; 

• E-mail to inseason-fakr@noaa.gov 

and include in the subject line of the email comment and in the body of the 

email the document identifier: 

g61plk2ro2.fo.wpd (E-mail comments, 

with or without attachments, are limited 

to 5 megabytes); or 

• Webform at the Federal 

eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions at that site for submitting 

comments. 

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. 

NMFS closed the directed fishery for 

pollock in Statistical Area 610 of the 

GOA under § 679.20(d)(1)(iii) on March 

13, 2007 (72 FR 11288, March 13, 2007), 

and reopened the fishery on March 16, 

2007 and closed it on March 18, 2007 

and will publish in the Federal Register 

March 21, 2007. 

NMFS has determined that 

approximately 2,000 mt of pollock 

remain in the directed fishing 

allowance. Therefore, in accordance 

with § 679.25(a)(1)(i), (a)(2)(i)(C), and 

(a)(2)(iii)(D), and to fully utilize the B 

season allowance of the 2007 TAC of 

pollock in Statistical Area 610, NMFS is 

terminating the previous closure and is 

reopening directed fishing for pollock in 

Statistical Area 610 of the GOA. In 

accordance with § 679.20(d)(1)(iii), the 

Regional Administrator finds that this 

directed fishing allowance will be 

reached after 48 hours. Consequently, 

NMFS is prohibiting directed fishing for 

pollock in Statistical Area 610 of the 

GOA, effective 1200 hrs, A.l.t., March 

23, 2007. 

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 opening of pollock in 

Statistical Area 610 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 March 19, 

2007. 

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. 

Without this inseason adjustment, 

NMFS could not allow the fishery for 

pollock in Statistical Area 610 of the 

GOA to be harvested in an expedient 

manner and in accordance with the 

regulatory schedule. Under 

§ 679.25(c)(2), interested persons are 

invited to submit written comments on 

this action to the above address until 

April 4, 2007. 

This action is required by § 679.25 

and § 679.20 and is exempt from review 

under Executive Order 12866. 

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

Dated: March 20, 2007. 

Alan D. Risenhoover, 

Director, Office of Sustainable Fisheries, 

National Marine Fisheries Service. 

[FR Doc. 07–1438 Filed 3–20–07; 2:12 pm] 

BILLING CODE 3510–22–S 


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