Federal Register / Vol. 66, No. 40 / Wednesday, February 28, 2001 / Rules and Regulations 12739

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140.html.

Discussion

On December 28, 2000, we published

in the Federal Register a final rule

adopting standards for the privacy of

individually identifiable health

information (Privacy Rule). The Privacy

Rule is the second in a series of rules

mandated by sections 261–264 of the

Health Insurance Portability and

Accountability Act of 1996 (HIPAA),

Public Law 104–191. In general, the

Privacy Rule establishes in 45 CFR part

160 a set of definitions applicable to the

entire set of HIPAA rules, requirements

for requesting that a state law be

excepted from preemption by the

statute, and compliance and

enforcement requirements. The Privacy

Rule also establishes a new subpart E of

part 164. Subpart E establishes

standards which entities covered by the

statute—health plans, health care

clearinghouses, and certain health care

providers—are required to comply with

to protect the privacy of certain

individually identifiable health

information (‘‘protected health

information’’). The standards are

requirements relating to the uses and

disclosures of protected health

information, the rights of individuals

with respect to their protected health

information, and the procedures for

exercising those rights.

The Privacy Rule affects over 600,000

entities and virtually every American. It

is estimated to cost in excess of $17.6

billion over ten years. The Department

received over 52,000 public comments

in the public comment period on the

proposed rule; in the period following

publication of the final rule, HHS has

received approximately a thousand

inquiries about the impact and

operation of the Privacy Rule on

numerous sectors of the economy. Many

comments exhibit substantial confusion

over how the Rule will operate; others

express great concern over the

complexity and workability of the Rule.

The significance of the Privacy Rule for

the health care industry and for society

as a whole, and the substantial nature of

some concerns that have been raised

have led us to conclude that an

additional comment period on the

Privacy Rule is warranted. Accordingly,

we hereby solicit public comment for 30

days on the Privacy Rule, as published

in the Federal Register on December 28,

2000 at 65 FR 82462.

Based on telephone calls, e-mails,

letters, and other contacts with HHS, we

are aware that the Privacy Rule has been

the subject of widespread debate in the

health care industry and the public at

large in the almost two months since its

publication. Thus, we believe that many

of the public’s concerns about the

Privacy Rule have already crystallized.

We accordingly are of the view that 30

days should be sufficient for the public

to state its views fully to HHS.

We determined that the report to

Congress required by 5 U.S.C. 801(a)(1)

was not received by the Congress

concurrent with the transmission of the

Privacy Rule to the Federal Register, as

previously thought. We have published

elsewhere in this section of the Federal

Register a final rule correcting the

effective date of the Privacy Rule to

April 14, 2001 to comply with 5 U.S.C.

801(a)(3)(A). This action does not alter

the corrected effective date. The public

comment period provided for above

accordingly will close before the Privacy

Rule becomes effective.

Dated: February 22, 2001.

Tommy G. Thompson,

Secretary.

[FR Doc. 01–4811 Filed 2–26–01; 11:13 am]

BILLING CODE 4150–04–M

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Part 679

[Docket No. 010112013-1013-01; I.D.

022201A]

Fisheries of the Exclusive Economic

Zone Off Alaska; Groundfish by

Vessels Using Non-Pelagic Trawl Gear

in the Red King Crab Savings Subarea

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Modification of a closure.

SUMMARY: NMFS is opening directed

fishing for groundfish with non-pelagic

trawl gear in the red king crab savings

subarea (RKCSS) of the Bering Sea and

Aleutian Islands management area

(BSAI). This action is necessary to

utilize the amount of the 2001 red king

crab bycatch limit specified for the

RKCSS.

DATES: Effective 1200 hrs, Alaska local

time (A.l.t.), February 23, 2001, until

1200 hrs, A.l.t., February 27, 2001.

FOR FURTHER INFORMATION CONTACT:

Mary Furuness, 907–586–7228.

SUPPLEMENTARY INFORMATION: NMFS

manages the groundfish fishery in the

BSAI exclusive economic zone

according to the Fishery Management

Plan for the Groundfish Fishery of the

Bering Sea and Aleutian Islands Area

12740 Federal Register / Vol. 66, No. 40 / Wednesday, February 28, 2001 / Rules and Regulations

(FMP) prepared by the North Pacific

Fishery Management Council under

authority of the Magnuson-Stevens

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 CFR part 679.

The amount of the 2001 red king crab

bycatch limit specified for the RKCSS

was established as 22,674 animals by

the 2001 Harvest Specifications of

Groundfish (66 FR 7276, January 22,

2001). The directed fishery for

groundfish with non-pelagic trawl gear

was closed effective 1200 hrs, A.l.t.,

February 18, 2001 in accordance with §

679.21(e)(7)(ii)(B)(66 FR 11123,

February 22, 2001) because it was

expected that the 2001 red king crab

bycatch limit specified for the RKCSS

would be caught.

NMFS has determined that as of

February 20, 2001, 6,000 red king crab

remain in the 2001 red king crab

bycatch limit specified for the RKCSS.

Therefore, NMFS is terminating the

previous closure and is re-opening

directed fishing for groundfish with

non-pelagic trawl gear in the RKCSS in

accordance with § 679.21(e)(3)(ii)(B).

Classification

All other closures remain in full force

and effect. This action responds to the

best available information recently

obtained from the fishery. The Assistant

Administrator for Fisheries, NOAA,

finds that the need to immediately

implement this action in order to allow

full utilization of the remaining amount

of the 2001 red king crab bycatch limit

specified for the RKCSS constitutes

good cause to waive the requirement to

provide prior notice opportunity for

public comment pursuant to the

authority set forth at 5 U.S.C.

553(b)(3)(B) and 50 CFR

679.20(b)(3)(iii)(A), as such procedures

would be unnecessary and contrary to

the public interest. Similarly the need to

implement these measures in a timely

fashion to allow full utilization of the

remaining amount of the 2001 red king

crab bycatch limit specified for the

RKCSS constitutes good cause to find

that the effective date of this action

cannot be delayed for 30 days.

Accordingly, under 5 U.S.C. 553(d), a

delay in the effective date is hereby

waived.

This action is required by § 679.21

and is exempt from review under

Executive Order 12866.

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

Dated: February 22, 2001.

Richard W. Surdi,

Acting Director, Office of Sustainable

Fisheries, National Marine Fisheries Service.

[FR Doc. 01–4863 Filed 2–23–01; 3:17 pm]

BILLING CODE 3510–22–S