14994 Federal Register / Vol. 77, No. 50 / Wednesday, March 14, 2012 / Rules and Regulations 

a substantial number of small rural 

hospitals. This 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 of 

a metropolitan statistical area and has 

fewer than 100 beds. We are not 

preparing an analysis for section 1102(b) 

of the Act because the Secretary has 

determined that this final rule will not 

have a significant impact on the 

operations of a substantial number of 

small rural hospitals. 

Section 202 of the Unfunded 

Mandates Reform Act of 1995 (UMRA) 

also requires that agencies assess 

anticipated costs and benefits before 

issuing any rule whose mandates 

require spending in any 1 year of $100 

million, updated annually for inflation. 

In 2011, that threshold is approximately 

$136 million. This rule does not 

mandate expenditures by State, local, or 

tribal governments, in the aggregate, or 

by the private sector, of $136 million; 

therefore, no analysis is required. 

Executive Order 13132 establishes 

certain requirements that an agency 

must meet when it promulgates a 

proposed rule (and subsequent final 

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 regulation 

was reviewed by the Office of 

Management and Budget. 

List of Subjects in 42 CFR Part 424 

Emergency medical services, Health 

facilities, Health professionals, 

Medicare, Reporting and recordkeeping 

requirements. 

For the reasons set forth in the 

preamble, the Centers for Medicare & 

Medicaid Services amends 42 CFR 

chapter IV as set forth below: 

PART 424—CONDITIONS FOR 

MEDICARE PAYMENT 

■ 1. The authority citation for part 424 

continues to read as follows: 

Authority: Secs. 1102 and 1871 of the 

Social Security Act (42 U.S.C. 1302 and 

1395hh). 

Subpart D—To Whom Payment Is 

Ordinarily Made 

§ 424.57 [Amended] 

■ 2. Section 424.57 is amended by— 

■ A. Removing the definition of ‘‘Direct 

solicitation’’ in paragraph (a). 

■ B. Revising paragraph (c)(1)(ii). 

■ C. Removing paragraph (c)(1)(iii). 

■ D. Revising paragraphs (c)(7)(i)(A) and 

(c)(11). 

■ E. In paragraph (c)(30)(ii)(B), 

removing the phrase ‘‘Licensed nonphysician practitioners’’ and adding the 

phrase ‘‘A physical or occupational 

therapist’’ in its place. 

The additions and revisions read as 

follows: 

§ 424.57 Special payment rules for items 

furnished by DMEPOS suppliers and 

issuance of DMEPOS supplier billing 

privileges. 

(c) * * * 

(1) * * * 

(ii) State licensure and regulatory 

requirements. If a State requires 

licensure to furnish certain items or 

services, a DMEPOS supplier— 

(A) Must be licensed to provide the 

item or service; and 

(B) May contract with a licensed 

individual or other entity to provide the 

licensed services unless expressly 

prohibited by State law. 

* * * * * 

(7) * * * 

(i) * * * 

(A)(1) Except for orthotic and 

prosthetic personnel described in 

paragraph (c)(7)(i)(A)(2) of this section, 

maintains a practice location that is at 

least 200 square feet beginning— 

(i) September 27, 2010 for a 

prospective DMEPOS supplier; 

(ii) The first day after termination of 

an expiring lease for an existing 

DMEPOS supplier with a lease that 

expires on or after September 27, 2010 

and before September 27, 2013; or 

(iii) September 27, 2013, for an 

existing DMEPOS supplier with a lease 

that expires on or after September 27, 

2013. 

(2) Orthotic and prosthetic personnel 

providing custom fabricated orthotics or 

prosthetics in private practice do not 

have to meet the practice location 

requirements in paragraph (c)(7)(i)(A)(1) 

of this section if the orthotic and 

prosthetic personnel are— 

(i) State-licensed; or 

(ii) Practicing in a State that does not 

offer State licensure for orthotic and 

prosthetic personnel. 

* * * * * 

(11) Must agree not to contact a 

beneficiary by telephone when 

supplying a Medicare-covered item 

unless one of the following applies: 

(i) The individual has given written 

permission to the supplier to contact 

them by telephone concerning the 

furnishing of a Medicare-covered item 

that is to be rented or purchased. 

(ii) The supplier has furnished a 

Medicare-covered item to the individual 

and the supplier is contacting the 

individual to coordinate the delivery of 

the item. 

(iii) If the contact concerns the 

furnishing of a Medicare-covered item 

other than a covered item already 

furnished to the individual, the supplier 

has furnished at least one covered item 

to the individual during the 15-month 

period preceding the date on which the 

supplier makes such contact. 

* * * * * 

(Catalog of Federal Domestic Assistance 

Program No. 93.773, Medicare—Hospital 

Insurance; and Program No. 93.774, 

Medicare—Supplementary Medical 

Insurance Program) 

Dated: January 11, 2012. 

Marilyn Tavenner, 

Acting Administrator, Centers for Medicare 

& Medicaid Services. 

Approved: February 21, 2012. 

Kathleen Sebelius, 

Secretary, Department of Health and Human 

Services. 

[FR Doc. 2012–5913 Filed 3–9–12; 4:15 pm] 

BILLING CODE 4120–01–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 111213751–2012–02] 

RIN 0648–XB038 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Reallocation of 

Pollock in the Bering Sea and Aleutian 

Islands; Correction 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; correction. 

SUMMARY: NMFS is correcting a 

temporary rule that published on 

February 29, 2012, reallocating the 

projected unused amounts of pollock 

directed fishing allowances from the 

Aleut Corporation and the Community 

Development Quota from the Aleutian 

Islands subarea to the Bering Sea 

subarea directed fisheries. There are 

errors in the table for the pollock 

allocation in the Aleutian Island subarea 

and the Bogoslof District. 

DATES: Effective March 14, 2012 through 

2400 hrs, A.l.t., December 31, 2012, and 

is applicable beginning February 29, 

2012. 


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Federal Register / Vol. 77, No. 50 / Wednesday, March 14, 2012 / Rules and Regulations 14995 

FOR FURTHER INFORMATION CONTACT: 

Steve Whitney, 907–586–7269. 

SUPPLEMENTARY INFORMATION: 

Need for Correction 

NMFS published a reallocation of the 

projected unused amount of pollock 

directed fishing allowances from the 

Aleut Corporation and from the 

Community Development Quota from 

the Aleutian Islands subarea to the 

Bering Sea subarea directed fisheries, in 

the Federal Register on Wednesday, 

February 29, 2012 (77 FR 12214). In 

Table 3, titled Final 2012 and 2013 

Allocations of Pollock TACS to the 

Directed Pollock Fisheries and to the 

CDQ Directed Fishing Allowances, there 

is an error on page 12215 in row 16 of 

the third column. The 2012 A season 

directed fishing allowance for the Aleut 

Corporation is incorrectly specified as 

‘‘15,500’’ metric tons (mt), instead of the 

correct number of ‘‘5,000’’ mt. This 

correction is necessary because the 

incorrectly specified number exceeds 

the Aleut Corporation’s annual 2012 

directed fishing allowance of 5,000 mt 

of pollock. 

There is also an error on page 12215, 

row 17, in columns two and six. The 

2012 and 2013 Bogoslof District 

incidental catch allowances (ICAs) were 

incorrectly specified as ‘‘150’’ mt 

instead of the correct ‘‘500’’ mt. These 

corrections are necessary to provide 

sufficient ICAs. 

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 

correction notice makes only minor 

changes and does not change operating 

practices in the fisheries. Corrections 

should be made as soon as possible to 

avoid confusion for participants in the 

fisheries. 

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. 

Correction 

In rule FR Doc. 2012–4836 published 

on February 29, 2012, (72 FR 12214) 

make the following corrections: 

1. On page 12215, in Table 3, row 16 

(the row beginning ‘‘Aleut Corporation), 

column 3, the entry ‘‘15,500’’ is 

corrected to read ‘‘5,000’’. 

2. Also, in row 17 (the row beginning 

‘‘Bogoslof District ICA’’), in columns 

two and six, the entry ‘‘150’’ is corrected 

to read ‘‘500’’. 

The following table is corrected and 

reprinted in its entirety: 

TABLE 3—FINAL 2012 AND 2013 ALLOCATIONS OF POLLOCK TACS TO THE DIRECTED POLLOCK FISHERIES AND TO THE

CDQ DIRECTED FISHING ALLOWANCES (DFA) 1

[Amounts are in metric tons] 

Area and sector 2012 

Allocations 

2012 A season 1 2012 

B season 1

2013 

Allocations 

2013 A season 1 2013 

B season 1

A season 

DFA 

SCA harvest limit 2 B season 

DFA 

A season 

DFA 

SCA harvest limit 2 B season 

DFA 

Bering Sea subarea ......... 1,212,400 n/a n/a n/a 1,201,900 n/a n/a n/a 

CDQ DFA ......................... 121,900 48,760 34,132 73,140 120,190 48,076 33,653 72,114 

ICA1 ................................. 32,400 n/a n/a n/a 32,451 n/a n/a n/a 

AFA Inshore ..................... 529,050 211,620 148,134 317,430 524,629 209,852 146,896 314,778 

AFA Catcher/Processors 3 423,240 169,296 118,507 253,944 419,703 167,881 117,517 251,822 

Catch by C/Ps .................. 387,265 154,906 n/a 232,359 384,029 153,611 n/a 230,417 

Catch by CVs 3 ................. 35,975 14,390 n/a 21,585 35,675 14,270 n/a 21,405 

Unlisted C/P Limit 4 .......... 2,116 846 n/a 1,270 2,099 839 n/a 1,259 

AFA Motherships ............. 105,810 42,324 29,627 63,486 104,926 41,970 29,379 62,956 

Excessive Harvesting 

Limit 5 ............................ 185,168 n/a n/a n/a 183,620 n/a n/a n/a 

Excessive Processing 

Limit 6 ............................ 317,430 n/a n/a n/a 314,778 n/a n/a n/a 

Total Bering Sea DFA 1,058,100 423,240 296,268 634,860 1,049,259 419,703 293,792 629,555 

Aleutian Islands subarea 1 6,600 n/a n/a n/a 19,000 n/a n/a n/a 

CDQ DFA ......................... 0 0 n/a 0 1,900 760 n/a 1,140 

ICA ................................... 1,600 800 n/a 800 1,600 800 n/a 800 

Aleut Corporation ............. 5,000 5,000 n/a 0 15,500 15,500 n/a 0 

Bogoslof District ICA7 ...... 500 n/a n/a n/a 500 n/a n/a n/a 

1Pursuant to § 679.20(a)(5)(i)(A), the BS subarea pollock, after subtracting the CDQ DFA (10 percent) and the ICA (3 percent), is allocated as 

a DFA as follows: inshore sector—50 percent, catcher/processor sector (C/P)—40 percent, and mothership sector—10 percent. In the BS subarea, 40 percent of the DFA is allocated to the A season (January 20–June 10) and 60 percent of the DFA is allocated to the B season (June 

10–November 1). Pursuant to § 679.20(a)(5)(iii)(B)(2)(i) and (ii), the annual AI pollock TAC, after subtracting first for the CDQ directed fishing allowance (10 percent) and second the ICA (1,600 mt), is allocated to the Aleut Corporation for a directed pollock fishery. In the AI subarea, the A 

season is allocated 40 percent of the ABC and the B season is allocated the remainder of the directed pollock fishery. 2 In the BS subarea, no more than 28 percent of each sector’s annual DFA may be taken from the SCA before April 1. The remaining 12 percent of the annual DFA allocated to the A season may be taken outside of SCA before April 1 or inside the SCA after April 1. If less than 28 percent of the annual DFA is taken inside the SCA before April 1, the remainder will be available to be taken inside the SCA after April 1. 3Pursuant to § 679.20(a)(5)(i)(A)(4), not less than 8.5 percent of the DFA allocated to listed catcher/processors shall be available for harvest 

only by eligible catcher vessels delivering to listed catcher/processors. 4Pursuant to § 679.20(a)(5)(i)(A)(4)(iii), the AFA unlisted catcher/processors are limited to harvesting not more than 0.5 percent of the catcher/ 

processors sector’s allocation of pollock. 5Pursuant to § 679.20(a)(5)(i)(A)(6), NMFS establishes an excessive harvesting share limit equal to 17.5 percent of the sum of the non-CDQ 

pollock DFAs. 6Pursuant to § 679.20(a)(5)(i)(A)(7), NMFS establishes an excessive processing share limit equal to 30.0 percent of the sum of the non-CDQ 

pollock DFAs. 


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14996 Federal Register / Vol. 77, No. 50 / Wednesday, March 14, 2012 / Rules and Regulations 

7The Bogoslof District is closed by the final harvest specifications to directed fishing for pollock. The amounts specified are for ICA only and 

are not apportioned by season or sector. 

Note: Seasonal or sector apportionments may not total precisely due to rounding. 

Authority: 16 U.S.C. 1801 et seq. Dated: March 9, 2012. 

Steven Thur, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2012–6198 Filed 3–13–12; 8:45 am] 

BILLING CODE 3510–22–P 


pstrozier on DSK7SPTVN1PROD with RULES