50220 Federal Register / Vol. 70, No. 165 / Friday, August 26, 2005 / Rules and Regulations 

In accordance with the provisions of 

Executive Order 12866, this interim 

final rule with comment period 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. 

■ For the reasons set forth in the 

preamble, the Centers for Medicare & 

Medicaid Services amends 42 CFR 

Chapter IV as set forth below: 

PART 433—STATE FISCAL 

ADMINISTRATION 

■ 1. The authority citation for part 433 

continues to read as follows: 

Authority: Sec. 1102 of the Social Security 

Act (42 U.S.C. 1302). 

■ 2. Section 433.10 is amended by 

adding new paragraph (c)(5) to read as 

follows: 

§ 433.10 Rates of FFP for program 

services. 

* * * * * 

(c) * * * 

(5) (i) Under section 1933(d) of the 

Act, the Federal share of State 

expenditures for Medicare Part B 

premiums described in section 

1905(p)(3)(A)(ii) of the Act on behalf of 

Qualifying Individuals described in 

section 1902(a)(10)(E)(iv) of the Act, is 

100 percent, to the extent that the 

assistance does not exceed the State’s 

allocation under paragraph (c)(5)(ii) of 

this section. To the extent that the 

assistance exceeds that allocation, the 

Federal share is 0 percent. 

(ii) Under section 1933(c)(2) of the 

Act and subject to paragraph (c)(5)(iii) of 

this section, the allocation to each State 

is equal to the total allocation specified 

in section 1933(c)(1) of the Act 

multiplied by the Secretary’s estimate of 

the ratio of the total number of 

individuals described in section 

1902(a)(10)(E)(iv) of the Act in the State 

to the total number of individuals 

described in section 1902(a)(10)(E)(iv) of 

the Act for all eligible States. In 

estimating that ratio, the Secretary will 

use data from the U.S. Census Bureau. 

(iii) If, based on projected 

expenditures for a fiscal year, the 

Secretary determines that the 

expenditures described in paragraph 

(c)(5)(i) of this section for one or more 

States are projected to exceed the 

allocation made to the State, the 

Secretary may adjust each State’s fiscal 

year 2005 allocation, as follows: 

(A) The Secretary will compare each 

State’s new projected total expenditures 

for the expenses described in paragraph 

(c)(5)(i) of this section to the State’s 

initial allocation, to determine the 

extent of each State’s projected surplus 

or deficit. 

(B) The surplus of each State with a 

projected surplus, as determined in 

accordance with paragraph (c)(5)(iii)(A) 

of this section will be added together to 

arrive at the Total Projected Surplus. 

(C) The deficit of each State with a 

projected deficit, as determined in 

accordance with paragraph (c)(5)(iii)(A) 

of this section will be added together to 

arrive at the Total Projected Deficit. 

(D) Each State with a projected deficit 

will receive an additional allocation 

equal to the amount of its projected 

deficit. The amount to be reallocated 

from each State with a projected surplus 

will be equal to A ×B, where A equals 

the Total Projected Deficit and B equals 

the amount of the State’s projected 

surplus as a percentage of the Total 

Projected Surplus. 

(iv) CMS will notify States of any 

changes in allotments resulting from 

any reallocations without opportunity 

for prior comment. CMS will follow 

applicable rulemaking procedures in 

publishing revisions to the allotments 

resulting from changes other those that 

specified above. 

(v) The provisions of this paragraph 

(c)(5) will be in effect though the end of 

calendar year 2005. 

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

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

and Pub. L. 105–33. 

(Catalog of Federal Domestic Assistance 

Program No. 93.778, Medical Assistance 

Program) 

Dated: August 9, 2005. 

Mark B. McClellan, 

Administrator, Centers for Medicare & 

Medicaid Services. 

Approved: August 15, 2005. 

Michael O. Leavitt, 

Secretary. 

[FR Doc. 05–16973 Filed 8–23–05; 9:19 am] 

BILLING CODE 4120–01–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 648 

[Docket No. 040804229–4300–02; I.D. 

081705H] 

Magnuson-Stevens Fishery 

Conservation and Management Act 

Provisions; Fisheries of the 

Northeastern United States; Northeast 

Multispecies Fishery; Closure of the 

Eastern U.S./Canada Area and the 

Eastern U.S./Canada Haddock Special 

Access Program Pilot Program 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; closure. 

SUMMARY: NMFS announces the closure 

of the Eastern U.S./Canada Area, 

including the Eastern U.S./Canada 

Haddock Special Access Program (SAP) 

Pilot Program, to limited access 

Northeast (NE) multispecies days-at-sea 

(DAS) vessels for the remainder of the 

2005 fishing year (i.e., through April 30, 

2006), unless otherwise notified by the 

Administrator, Northeast Region, NMFS 

(Regional Administrator). This closure 

is based on a determination by the 

Regional Administrator that 90 percent 

of the total allowable catch (TAC) of 

Georges Bank (GB) cod allocated to be 

harvested from the Eastern U.S./Canada 

Area has already been harvested during 

the 2005 fishing year. This action is 

being taken to prevent the 2005 TAC for 

GB cod in the Eastern U.S./Canada Area 

from being exceeded during the 2005 

fishing year in accordance with the 

regulations implemented under 

Amendment 13 to the NE Multispecies 

Fishery Management Plan and the 

Magnuson-Stevens Fishery 

Conservation and Management Act. 

DATES: The closure of the Eastern U.S./ 

Canada Area to all limited access NE 

multispecies DAS vessels is effective 

0001 hr local time, August 26, 2005, 

through 2400 hr local time, April 30, 

2006. One exception to this prohibition 

is discussed in the SUPPLEMENTARY

INFORMATION section of this temporary 

rule. 

FOR FURTHER INFORMATION CONTACT: 

Douglas W. Christel, Fishery Policy 

Analyst, (978) 281–9141, fax (978) 281– 

9135. 

SUPPLEMENTARY INFORMATION: 

Regulations governing fishing activity in 

the U.S./Canada Management Areas are 

found at 50 CFR 648.85. In addition, 

Federal Register / Vol. 70, No. 165 / Friday, August 26, 2005 / Rules and Regulations 50221 

regulations specifically governing vessel 

operations in the Eastern U.S./Canada 

Haddock SAP Pilot Program are 

specified at § 648.85(b)(8). These 

regulations authorize vessels issued a 

valid limited access NE multispecies 

permit and fishing under a NE 

multispecies DAS to fish in the Eastern 

U.S./Canada Area, including the Eastern 

U.S./Canada Haddock SAP Pilot 

Program, under specific conditions. The 

final GB cod TAC allocation for the 

2005 fishing year was specified at 260 

mt (July 7, 2005; 70 FR 39190). Once 30 

percent and/or 60 percent of the TAC 

allocations specified for the U.S./ 

Canada Management Area are projected 

to have been harvested, the regulations 

at § 648.85(a)(3)(iv)(D) authorize the 

Regional Administrator to modify or 

close access to the Eastern U.S./Canada 

Area by all limited access NE 

multispecies DAS vessels to prevent 

over-harvesting the TAC allocations for 

the U.S./Canada Management Area. 

Based upon vessel monitoring system 

(VMS) daily catch reports, dealer 

reports, and other available information, 

the Regional Administrator has 

determined that, to date, 90 percent of 

the 2005 GB cod TAC of 260 mt has 

been harvested by NE multispecies DAS 

vessels fishing in the Eastern U.S./ 

Canada Area. Based on the small 2005 

GB cod TAC and the very rapid rate at 

which the GB cod TAC has been 

harvested during the 2005 fishing year, 

it is likely that the 2005 GB cod TAC 

would be harvested before the end of 

the fishing year. Therefore, based on the 

available information described above, 

to ensure that the TAC for GB cod will 

not be exceeded, the Eastern U.S./ 

Canada Area, including the Eastern 

U.S./Canada Haddock SAP Pilot 

Program, is closed to all limited access 

NE multispecies DAS vessels for the 

remainder of the 2005 fishing year, 

effective August 26, 2005 through April 

30, 2006, pursuant to the regulations at 

§ 648.85(a)(3)(iv)(D). This area may be 

reopened at a later date during the 2005 

fishing year, in accordance with the 

regulations at § 648.85(a)(3)(iv)(D), 

should it be determined that there is 

additional GB cod TAC remaining and 

that it could be harvested without 

resulting in exceeding the GB cod TAC 

for the 2005 fishing year. However, 

vessels that have already declared their 

intent to fish in the Eastern U.S./Canada 

Area, including the Eastern U.S./Canada 

Haddock SAP Pilot Program (VMS Area 

Codes 2, 5, or 6) through VMS, departed 

on a trip, and crossed the demarcation 

line as of 0001 hours on August 26, 

2005, are exempt from the closure 

initially in that they may finish their 

trip into the Eastern U.S./Canada Area. 

Classification 

This action is required by 50 CFR part 

648 and is exempt from review under 

Executive Order 12866. 

Pursuant to 5 U.S.C. 553(b)(B) and 

(d)(3), the Assistant Administrator finds 

good cause to waive prior notice and 

opportunity for public comment, as well 

as the 30-day delayed effectiveness for 

this action, as notice and comment and 

delayed effectiveness would be 

impracticable and contrary to the public 

interest. Given the small GB cod TAC 

for the Eastern U.S./Canada Area during 

the 2005 fishing year and the very rapid 

rate at which the GB cod TAC was 

harvested to date, it would be 

impractical for NMFS to provide for 

prior notice and opportunity for public 

comment or a delayed effectiveness 

because this would likely prevent the 

agency from closing the Eastern U.S./ 

Canada Area and the Eastern U.S./ 

Canada Haddock SAP Pilot Program 

before the GB cod TAC is fully 

harvested. To allow vessels to continue 

to direct fishing effort on GB cod during 

the period necessary to publish and 

receive comments on a proposed rule, or 

to delay effectiveness, would result in 

the continued harvest of GB cod, 

potentially increasing the potential for 

the groundfish fishery to exceed the GB 

cod TAC for the Eastern U.S./Canada 

Area during the 2005 fishing year, 

thereby unnecessarily delaying 

rebuilding of this overfished stock. 

Exceeding the GB cod TAC during the 

2005 fishing year would require any 

overages to be deducted from the 2006 

GB cod TAC for the Eastern U.S./Canada 

Area. This would result in decreased 

revenue for the NE multispecies fishery, 

increased economic impacts to vessels 

operating in the Eastern U.S./Canada 

Area, reduced opportunities to fully 

harvest the GB cod, GB haddock, and 

GB yellowtail flounder TACs in the 

Eastern U.S./Canada Area, and a 

reduced chance of achieving optimum 

yield in the groundfish fishery. The rate 

of harvest of GB cod in the Eastern U.S./ 

Canada Area is updated weekly on 

NMFS’s Northeast Regional Office 

website at http://www.nero.noaa.gov. 

Accordingly, the public is able to obtain 

information that would provide at least 

some advanced notice of a potential 

closure of the Eastern U.S./Canada Area 

minimizing the need for a delayed 

effectiveness. Therefore, based on the 

above, it would be impracticable and 

contrary to the public interest to delay 

closure of this area through prior notice 

and public comment or a delay in the 

effectiveness of this action. 

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

Dated: August 22, 2005. 

Alan D. Risenhoover, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 05–17024 Filed 8–23–05; 2:16 pm] 

BILLING CODE 3510–22–S