8248 Federal Register / Vol. 80, No. 31 / Tuesday, February 17, 2015 / Rules and Regulations 

there are exceptional circumstances. 

After consultation with the Director of 

OMB, the Department, through CMS, 

published a notice in the December 30, 

2004 Federal Register (69 FR 78442) 

establishing a general 3-year timeline for 

publishing Medicare final rules after the 

publication of a proposed or interim 

final rule. 

II. Notice of Continuation 

The Medicare program (title XVIII of 

the Act) is the primary payer of health 

care for approximately 50 million 

enrolled beneficiaries. Providers and 

suppliers furnishing Medicare items and 

services must comply with the Medicare 

requirements set forth in the Act and in 

CMS regulations. The requirements are 

meant to ensure compliance with 

applicable statutes, promote the 

furnishing of high quality care, and to 

protect the Medicare Trust Funds 

against fraud and improper payments. 

On March 23, 2010, the Affordable 

Care Act was enacted. Section 6402(a) of 

the Affordable Care Act established a 

new section 1128J(d) of the Act. Section 

1128J(d)(1) of the Act requires a person 

who has received an overpayment to 

report and return the overpayment to 

the Secretary, the State, an 

intermediary, a carrier, or a contractor, 

as appropriate, at the correct address, 

and to notify the Secretary, State, 

intermediary, carrier or contractor to 

whom the overpayment was returned in 

writing of the reason for the 

overpayment. Section 1128J(d)(2) of the 

Act requires that an overpayment be 

reported and returned by the later of— 

(A) the date which is 60 days after the 

date on which the overpayment was 

identified; or (B) the date any 

corresponding cost report is due, if 

applicable. Section 1128J(d)(3) of the 

Act specifies that any overpayment 

retained by a person after the deadline 

for reporting and returning an 

overpayment is an obligation (as defined 

in 31 U.S.C. 3729(b)(3)) for purposes of 

31 U.S.C. 3729. 

In the February 16, 2012 Federal 

Register (77 FR 9179), we published a 

proposed rule that would implement the 

provisions of section 1128J(d) of the Act 

as to Medicare Parts A and B. This 

notice extends by 1 year the timeline for 

publication of a final rule concerning 

policies and procedures for reporting 

and returning overpayments to the 

Medicare program for providers and 

suppliers of services under Parts A and 

B of title XVIII as outlined in the 

February 16, 2012 proposed rule. 

However we continue to remind all 

stakeholders that even without a final 

regulation they are subject to the 

statutory requirements found in section 

1128J(d) of the Act and could face 

potential False Claims Act liability, 

Civil Monetary Penalties Law liability, 

and exclusion from Federal health care 

programs for failure to report and return 

an overpayment. 

Based on both public comments 

received and internal stakeholder 

feedback, we have determined that there 

are significant policy and operational 

issues that need to be resolved in order 

to address all of the issues raised by 

comments to the proposed rule and to 

ensure appropriate coordination with 

other government agencies. Specifically, 

the development of the final rule 

requires collaboration among both the 

Department of Health and Human 

Services’ (HHS’) Office of the Inspector 

General and the Department of Justice. 

Our decision to extend the timeline 

for issuing a final regulation related to 

the reporting and returning of Medicare 

overpayments should not be viewed as 

a diminution of the Department’s 

commitment to timely and effective 

rulemaking in this area. Our goal 

remains to publish a final rule that 

provides clear requirements for persons 

to report and return Medicare 

overpayments. At this time, we believe 

we can best achieve this balance by 

issuing this continuation notice. 

This notice extends the timeline for 

publication of the final rule for this 

rulemaking for 1 year—until February 

16, 2016. 

III. Collection of Information 

This document does not impose 

information collection requirements, 

that is, reporting, recordkeeping or 

third-party disclosure requirements. 

Consequently, there is no need for 

review by the Office of Management and 

Budget under the authority of the 

Paperwork Reduction Act of 1995. 

IV. Regulatory Impact Statement 

This document extends the timeline 

for publication of the Medicare Program; 

Reporting and Returning of 

Overpayments final rule; and therefore, 

there are no regulatory impact 

implications associated with this notice. 

Authority: Section 1871 of the Social 

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

Dated: February 9, 2015. 

C’Reda Weeden, 

Executive Secretary to the Department, 

Department of Health and Human Services. 

[FR Doc. 2015–03072 Filed 2–13–15; 8:45 am] 

BILLING CODE 4120–01–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 2 

[GN Docket No. 13–185; FCC 14–31] 

Commercial Operations in the 1695– 

1710 MHz, 1755–1780 MHz, and 2155– 

2180 MHz Bands 

AGENCY: Federal Communications 

Commission. 

ACTION: Final rules; announcement of 

effective date. 

SUMMARY: In this document, the 

Commission announces that the Office 

of Management and Budget (OMB) has 

approved, for a period of three years a 

non-substantive change to a currently 

approved information collection 

requirements contained in the 

regulations in the ‘‘Commercial 

Operations in the 1695–1710 MHz, 

1755–1780 MHz, and 2155–2180 MHz.’’ 

The information collection requirement 

was approved on December 23, 2014 by 

OMB. 

DATES: The amendments to 47 CFR 

2.1033(c)(19)(i) through (ii), published 

at 79 FR 32410, June 4, 2014, is effective 

February 17, 2015. 

FOR FURTHER INFORMATION CONTACT: For 

additional information contact Nancy 

Brooks on (202) 418–2454 or email 

Nancy.Brooks@fcc.gov. 

SUPPLEMENTARY INFORMATION: This 

document announces that on December 

23, 2014, OMB approved, for a period of 

three years a non-substantive change to 

a currently approved information 

collection requirement contained in 47 

CFR 2.1033(c)(19)(i) through (ii). The 

Commission publishes this document to 

announce the effective date of this rule 

section. See, Amendment of the 

Commission’s rules with Regard to 

Commercial Operations in the 1695– 

1710 MHz, 1755–1780 MHz, and 2155– 

2180 MHz, GN Docket No. 13–85; FCC 

14–31, 79 FR 32410, June 4, 2014. 

Synopsis 

As required by the Paperwork 

Reduction Act of 1995, (44 U.S.C. 3507), 

the Commission is notifying the public 

that it received OMB approval on 

December 23, 2014, for the information 

collection requirement contained in 47 

CFR 2.1033(c)(19)(i) through (ii). Under 

5 CFR part 1320, an agency may not 

conduct or sponsor a collection of 

information unless it displays a current, 

valid OMB Control Number. 

No person shall be subject to any 

penalty for failing to comply with a 

collection of information subject to the 

Paperwork Reduction Act that does not 


tkelley on DSK3SPTVN1PROD with RULES
Federal Register / Vol. 80, No. 31 / Tuesday, February 17, 2015 / Rules and Regulations 8249 

display a valid OMB Control Number. 

The OMB Control Number is 3060– 

0057. 

Federal Communications Commission. 

Marlene H. Dortch, 

Secretary. 

[FR Doc. 2015–03119 Filed 2–13–15; 8:45 am] 

BILLING CODE 6712–01–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 130925836–4174–02] 

RIN 0648–XD715 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Pacific Cod by 

Vessels Using Pot Gear 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 vessels using 

pot gear in the Western Regulatory Area 

of the Gulf of Alaska (GOA). This action 

is necessary to prevent exceeding the A 

season allowance of the 2015 Pacific 

cod total allowable catch apportioned to 

vessels using pot gear in the Western 

Regulatory Area of the GOA. 

DATES: Effective 1200 hours, Alaska 

local time (A.l.t.), February 12, 2015, 

through 1200 hours, A.l.t., June 10, 

2015. 

FOR FURTHER INFORMATION CONTACT: 

Obren Davis, 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. 

Regulations governing sideboard 

protections for GOA groundfish 

fisheries appear at subpart B of 50 CFR 

part 680. 

The A season allowance of the 2015 

Pacific cod total allowable catch (TAC) 

apportioned to vessels using pot gear in 

the Western Regulatory Area of the GOA 

is 5,230 metric tons (mt), as established 

by the final 2014 and 2015 harvest 

specifications for groundfish of the GOA 

(79 FR 12890, March 6, 2014) and 

inseason adjustment (80 FR 192, January 

5, 2015). 

In accordance with § 679.20(d)(1)(i), 

the Administrator, Alaska Region, 

NMFS (Regional Administrator) has 

determined that the A season allowance 

of the 2015 Pacific cod TAC 

apportioned to vessels using pot gear in 

the Western Regulatory Area of the GOA 

will soon be reached. Therefore, the 

Regional Administrator is establishing a 

directed fishing allowance of 5,220 mt 

and is setting aside the remaining 10 mt 

as bycatch to support other anticipated 

groundfish fisheries. In accordance with 

§ 679.20(d)(1)(iii), the Regional 

Administrator finds that this directed 

fishing allowance has been reached. 

Consequently, NMFS is prohibiting 

directed fishing for Pacific cod by 

vessels using pot gear 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 directed fishing closure of 

Pacific cod for vessels using pot gear in 

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 February 10, 2015. 

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 § 679.20 

and is exempt from review under 

Executive Order 12866. 

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

Dated: February 10, 2015. 

Emily H. Menashes, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2015–03143 Filed 2–11–15; 4:15 pm] 

BILLING CODE 3510–22–P 


tkelley on DSK3SPTVN1PROD with RULES