43674 Federal Register / Vol. 62, No. 158 / Friday, August 15, 1997 / Rules and Regulations

fiscal intermediary for review and

approval of these arrangements.

§ 413.203 Transplant center costs for

organs sent to foreign countries or

transplanted in patients other than

Medicare beneficiaries.

(a) A transplant center’s total costs for

all organs is reduced by the costs

associated with procuring organs sent to

foreign transplant centers or

transplanted in patients other than

Medicare beneficiaries. Organs are

defined in § 486.302 (only covered

organs will be paid for on a reasonable

cost basis).

(b) Transplant center hospitals must

separate costs for procuring organs that

are sent to foreign transplant centers

and organs transplanted in patients

other than Medicare beneficiaries from

Medicare allowable costs prior to final

cost settlement by the Medicare fiscal

intermediaries.

(c) Medicare costs are based on the

ratio of the number of usable organs

transplanted into Medicare beneficiaries

to the total number of usable organs

applied to reasonable costs.

C. Part 414 is amended as follows:

PART 414—PAYMENT FOR PART B

MEDICAL AND OTHER HEALTH

SERVICES

1. The authority citation for part 414

continues to read as follows:

Authority: Secs. 1102, 1871, and 1881(b)(1)

of the Social Security Act (42 U.S.C. 1302,

1395hh, and 1395rr(b)(1)).

Subpart E—Determination of

Reasonable Charges Under the ESRD

Program

§ 414.313 [Amended]

2. In § 414.313(a), the reference ‘‘in

§ 413.170 of this chapter’’ is revised to

read ‘‘in part 413, subpart H of this

subchapter’’.

§ 414.314 [Amended]

3. In § 414.314(a)(5), the reference

‘‘(§ 413.170)’’ is revised to read ‘‘(part

413, subpart H of this subchapter)’’.

(Catalog of Federal Domestic Assistance

Program No. 93.773, Medicare—Hospital

Insurance; and Program No. 93.774,

Medicare—Supplementary Medical

Insurance Program)

Dated: June 7, 1997.

Bruce C. Vladeck,

Administrator, Health Care Financing

Administration.

[FR Doc. 97–21444 Filed 8–14–97; 8:45 am]

BILLING CODE 4120–01–P

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Part 648

[Docket No. 961210346–7035–02; I.D.

081197A]

Fisheries of the Northeastern United

States; Summer Flounder Fishery;

Commercial Quota Harvested for

Massachusetts

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Commercial quota harvest.

SUMMARY: NMFS announces that the

summer flounder commercial quota

available to the Commonwealth of

Massachusetts has been harvested.

Vessels issued a commercial Federal

fisheries permit for the summer

flounder fishery may not land summer

flounder in Massachusetts for the

remainder of calendar year 1997, unless

additional quota becomes available

through a transfer. Regulations

governing the summer flounder fishery

require publication of this notice to

advise the Commonwealth of

Massachusetts that the quota has been

harvested and to advise vessel and

dealer permit holders that no

commercial quota is available for

landing summer flounder in

Massachusetts.

DATES: Effective August 13, 1997,

through December 31, 1997.

FOR FURTHER INFORMATION CONTACT:

Dana Hartley, Fishery Management

Specialist, 508–281–9226.

SUPPLEMENTARY INFORMATION:

Regulations governing the summer

flounder fishery are found at 50 CFR

part 648. The regulations require annual

specification of a commercial quota that

is apportioned among the states from

North Carolina through Maine. The

process to set the annual commercial

quota and the percent allocated to each

state are described in § 648.100.

The initial total commercial quota for

summer flounder for the 1997 calendar

year was set equal to 11,111,298 lb

(5,040,000 kg) (March 7, 1997, 62 FR

10473). The percent allocated to vessels

landing summer flounder in

Massachusetts is 6.82046 percent, or

757,841 lb (343,751 kg).

Section 648.100(d)(2) stipulates that

any overages of commercial quota

landed in any state be deducted from

that state’s annual quota for the

following year. In the calendar year

1996, a total of 800,704 lb (363,193 kg)

were landed in Massachusetts. The

amount allocated for Massachusetts

landings in 1996 was 752,092 lb

(328,350 kg), creating a 48,612 lb

(22,050 kg) overage that was deducted

from the amount allocated for landings

in the Commonwealth of Massachusetts

during 1997 (July 15, 1997, 62 FR

37741). The resulting 1997 quota for

Massachusetts is 709,229 lb (321,701

kg).

Section 648.101(b) requires the

Administrator, Northeast Region, NMFS

(Regional Administrator), to monitor

state commercial quotas and to

determine when a state’s commercial

quota is harvested. The Regional

Administrator is further required to

publish a notice in the Federal Register

advising a state and notifying Federal

vessel and dealer permit holders that,

effective upon a specific date, the state’s

commercial quota has been harvested

and no commercial quota is available for

landing summer flounder in that state.

Because the available information

indicates that the Commonwealth of

Massachusetts has attained its quota for

1997, the Regional Administrator has

determined based on dealer reports and

other available information, that the

Commonwealth’s commercial quota has

been harvested.

The regulations at § 648.4(b) provide

that Federal permit holders agree as a

condition of the permit not to land

summer flounder in any state that the

Regional Administrator has determined

no longer has commercial quota

available. Therefore, effective August

13, 1997, further landings of summer

flounder in Massachusetts by vessels

holding commercial Federal fisheries

permits are prohibited for the remainder

of the 1997 calendar year, unless

additional quota becomes available

through a transfer and is announced in

the Federal Register. Effective the date

above, federally permitted dealers are

also advised that they may not purchase

summer flounder from federally

permitted vessels that land in

Massachusetts for the remainder of the

calendar year, or until additional quota

becomes available through a transfer.

Classification

This action is required by 50 CFR part

648 and is exempt from review under

E.O. 12286.

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

Dated: August 11, 1997.

Gary C. Matlock,

Director, Office of Sustainable Fisheries,

National Marine Fisheries Service.

[FR Doc. 97–21669 Filed 8–12–97; 2:16 pm]

BILLING CODE 3510–22–F