82_FR_61437 82 FR 61190 - Fisheries of the Exclusive Economic Zone Off Alaska; Reallocation of Pacific Cod in the Bering Sea and Aleutian Islands Management Area

82 FR 61190 - Fisheries of the Exclusive Economic Zone Off Alaska; Reallocation of Pacific Cod in the Bering Sea and Aleutian Islands Management Area

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 82, Issue 247 (December 27, 2017)

Page Range61190-61191
FR Document2017-27873

NMFS is reallocating the projected unused amount of Pacific cod from catcher vessels equal to or greater than 60 feet (18.3 meters) length overall (LOA) using pot gear to catcher/processors (C/Ps) using pot gear, catcher vessels less than 60 feet (18.3 meters) LOA using hook-and-line or pot gear, and C/Ps using hook-and-line gear in the Bering Sea and Aleutian Islands management area. This action is necessary to allow the 2017 total allowable catch of Pacific cod to be harvested.

Federal Register, Volume 82 Issue 247 (Wednesday, December 27, 2017)
[Federal Register Volume 82, Number 247 (Wednesday, December 27, 2017)]
[Rules and Regulations]
[Pages 61190-61191]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-27873]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 161020985-7181-02]
RIN 0648-XF908


Fisheries of the Exclusive Economic Zone Off Alaska; Reallocation 
of Pacific Cod in the Bering Sea and Aleutian Islands Management Area

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Temporary rule; reallocation.

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SUMMARY: NMFS is reallocating the projected unused amount of Pacific 
cod from catcher vessels equal to or greater than 60 feet (18.3 meters) 
length overall (LOA) using pot gear to catcher/processors (C/Ps) using 
pot gear, catcher vessels less than 60 feet (18.3 meters) LOA using 
hook-and-line or pot gear, and C/Ps using hook-and-line gear in the 
Bering Sea and Aleutian Islands management area. This action is 
necessary to allow the 2017 total allowable catch of Pacific cod to be 
harvested.

DATES: Effective December 21, 2017, through 2400 hours, Alaska local 
time (A.l.t.), December 31, 2017.

FOR FURTHER INFORMATION CONTACT: Josh Keaton, 907-586-7228.

SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fishery in the 
Bering Sea and Aleutian Islands (BSAI) according to the Fishery 
Management Plan for Groundfish of the Bering Sea and Aleutian Islands 
Management Area (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 50 
CFR part 679.
    The 2017 Pacific cod total allowable catch (TAC) specified for 
catcher vessels greater than or equal to 60 feet LOA using pot gear in 
the BSAI is 15,389 metric tons (mt) as established by the final 2017 
and 2018 harvest specifications for groundfish in the BSAI (82 FR 
11826, February 27, 2017) and reallocation (82 FR 47162, October 11, 
2017).
    The Administrator, Alaska Region, NMFS, (Regional Administrator) 
has determined that catcher vessels greater than or equal to 60 feet 
LOA using pot gear will not be able to harvest 1,500 mt of the 
remaining 2017 Pacific cod TAC allocated to those vessels under Sec.  
679.20(a)(7)(ii)(A)(5). Therefore, in accordance with Sec.  
679.20(a)(7)(iii), taking into account the capabilities of the sectors 
to harvest reallocated amounts of Pacific cod, and following the 
hierarchies set forth in Sec.  679.20(a)(7)(iii)(A) and Sec.  
679.20(a)(7)(iii)(B), NMFS reallocates 155 mt of Pacific cod to C/Ps 
using pot gear, 200 mt to catcher vessels less than 60 feet (18.3 m) 
LOA using hook-and-line or pot gear, and 1,145 mt to C/Ps using hook-
and-line gear.
    The harvest specifications for Pacific cod included in the final 
2017 harvest specifications for groundfish in the BSAI (82 FR 11826, 
February 27, 2017) and reallocations (FR 57162, December 4, 2017; 82 FR 
43503, September 18, 2017; 82 FR 41899, September 5, 2017; and 82 FR 
8905, February 1, 2017; 82) are revised as follows: 13,889 mt for 
catcher vessels greater than or equal to 60 feet (18.3 m) LOA using pot 
gear, 4,999 mt for C/Ps using pot gear, 9,271 mt for catcher vessels 
less than 60 feet (18.3 m) LOA using hook-and-line or pot gear, and 
107,589 mt for C/Ps using hook-and-line gear.

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

[[Page 61191]]

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 
reallocation of Pacific cod specified from catcher vessels greater than 
or equal to 60 feet (18.3 m) LOA using pot gear to C/Ps using pot gear, 
catcher vessels less than 60 feet (18.3 m) LOA using hook-and-line or 
pot gear, and catcher/processors using hook-and-line gear in the BSAI 
management area. Since these fisheries are currently open, it is 
important to immediately inform the industry as to the revised 
allocations. Immediate notification is necessary to allow for the 
orderly conduct and efficient operation of this fishery, to allow the 
industry to plan for the fishing season, and to avoid potential 
disruption to the fishing fleet as well as processors. NMFS was unable 
to publish a notice providing time for public comment because the most 
recent, relevant data only became available as of December 6, 2017.
    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 Sec.  679.20 and is exempt from review 
under Executive Order 12866.

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

    Dated: December 21, 2017.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries, National Marine Fisheries 
Service.
[FR Doc. 2017-27873 Filed 12-21-17; 4:15 pm]
 BILLING CODE 3510-22-P



                                             61190            Federal Register / Vol. 82, No. 247 / Wednesday, December 27, 2017 / Rules and Regulations

                                                 TABLE 88—ESTIMATED IMPACT OF THE CY 2018 CHANGES FOR THE HOSPITAL OUTPATIENT PROSPECTIVE PAYMENT
                                                                                        SYSTEM—Continued
                                                                                                                                                                                          All budget
                                                                                                                                                                                            neutral
                                                                                                                                                    New wage
                                                                                                                                   APC                                                     changes
                                                                                                             Number of                              index and           340B
                                                                                                                              recalibration                                               (combined       All changes
                                                                                                              hospitals                              provider        adjustment
                                                                                                                              (all changes)                                                cols 2–4)
                                                                                                                                                   adjustments                           with market
                                                                                                                                                                                        basket update

                                                                                                                (1)                 (2)                  (3)             (4)                 (5)              (6)

                                             CMHCs .....................................................                49                12.5                 0.2              3.2                17.8             17.9
                                               Column (1) shows total hospitals and/or CMHCs.
                                               Column (2) includes all final CY 2018 OPPS policies and compares those to the CY 2017 OPPS.
                                               Column (3) shows the budget neutral impact of updating the wage index by applying the FY 2018 hospital inpatient wage index, including all
                                             hold harmless policies and transitional wages. The rural adjustment continues our current policy of 7.1 percent so the budget neutrality factor is
                                             1. The budget neutrality adjustment for the cancer hospital adjustment is 1.0008 because the target payment-to-cost ratio changes from 0.91 in
                                             CY 2017 to 0.89 in CY 2018 and is further reduced by 1 percentage point to 0.88 in accordance with the 21st Century Cures Act. However, this
                                             reduction does not affect the budget neutrality adjustment consistent with statute.
                                               Column (4) shows the impact of the 340B drug payment reductions and the corresponding increase in non-drug payments.
                                               Column (5) shows the impact of all budget neutrality adjustments and the addition of the 1.35 percent OPD fee schedule update factor (2.7
                                             percent reduced by 0.6 percentage points for the productivity adjustment and further reduced by 0.75 percentage point as required by law).
                                               Column (6) shows the additional adjustments to the conversion factor resulting from the frontier adjustment, a change in the pass-through esti-
                                             mate, and adding estimated outlier payments.
                                               These 3,878 providers include children and cancer hospitals, which are held harmless to pre-BBA amounts, and CMHCs.
                                               ** Complete DSH numbers are not available for providers that are not paid under IPPS, including rehabilitation, psychiatric, and long-term care
                                             hospitals.


                                               19. On page 59488, bottom third of                               processors (C/Ps) using pot gear, catcher             than or equal to 60 feet LOA using pot
                                             the page,                                                          vessels less than 60 feet (18.3 meters)               gear will not be able to harvest 1,500 mt
                                               a. Second column, first partial                                  LOA using hook-and-line or pot gear,                  of the remaining 2017 Pacific cod TAC
                                             paragraph, in line 6, correct ‘‘17.2’’ to                          and C/Ps using hook-and-line gear in                  allocated to those vessels under
                                             read ‘‘17.9’’.                                                     the Bering Sea and Aleutian Islands                   § 679.20(a)(7)(ii)(A)(5). Therefore, in
                                               b. Third column, first partial                                   management area. This action is                       accordance with § 679.20(a)(7)(iii),
                                             paragraph, in line 10, correct ‘‘17.2’’ to                         necessary to allow the 2017 total                     taking into account the capabilities of
                                             read ‘‘17.9’’.                                                     allowable catch of Pacific cod to be                  the sectors to harvest reallocated
                                               Dated: December 20, 2017.                                        harvested.                                            amounts of Pacific cod, and following
                                             Ann C. Agnew,                                                      DATES: Effective December 21, 2017,                   the hierarchies set forth in
                                             Executive Secretary to the Department,                             through 2400 hours, Alaska local time                 § 679.20(a)(7)(iii)(A) and
                                             Department of Health and Human Services.                           (A.l.t.), December 31, 2017.                          § 679.20(a)(7)(iii)(B), NMFS reallocates
                                             [FR Doc. 2017–27949 Filed 12–22–17; 4:15 pm]                       FOR FURTHER INFORMATION CONTACT: Josh                 155 mt of Pacific cod to C/Ps using pot
                                             BILLING CODE 4120–01–P                                             Keaton, 907–586–7228.                                 gear, 200 mt to catcher vessels less than
                                                                                                                                                                      60 feet (18.3 m) LOA using hook-and-
                                                                                                                SUPPLEMENTARY INFORMATION: NMFS
                                                                                                                                                                      line or pot gear, and 1,145 mt to C/Ps
                                                                                                                manages the groundfish fishery in the
                                                                                                                                                                      using hook-and-line gear.
                                             DEPARTMENT OF COMMERCE                                             Bering Sea and Aleutian Islands (BSAI)
                                                                                                                according to the Fishery Management                      The harvest specifications for Pacific
                                             National Oceanic and Atmospheric                                   Plan for Groundfish of the Bering Sea                 cod included in the final 2017 harvest
                                             Administration                                                     and Aleutian Islands Management Area                  specifications for groundfish in the
                                                                                                                (FMP) prepared by the North Pacific                   BSAI (82 FR 11826, February 27, 2017)
                                             50 CFR Part 679                                                    Fishery Management Council under                      and reallocations (FR 57162, December
                                                                                                                authority of the Magnuson-Stevens                     4, 2017; 82 FR 43503, September 18,
                                             [Docket No. 161020985–7181–02]
                                                                                                                Fishery Conservation and Management                   2017; 82 FR 41899, September 5, 2017;
                                             RIN 0648–XF908                                                     Act. Regulations governing fishing by                 and 82 FR 8905, February 1, 2017; 82)
                                                                                                                U.S. vessels in accordance with the FMP               are revised as follows: 13,889 mt for
                                             Fisheries of the Exclusive Economic                                appear at subpart H of 50 CFR part 600                catcher vessels greater than or equal to
                                             Zone Off Alaska; Reallocation of                                   and 50 CFR part 679.                                  60 feet (18.3 m) LOA using pot gear,
                                             Pacific Cod in the Bering Sea and                                     The 2017 Pacific cod total allowable               4,999 mt for C/Ps using pot gear, 9,271
                                             Aleutian Islands Management Area                                   catch (TAC) specified for catcher vessels             mt for catcher vessels less than 60 feet
                                             AGENCY:  National Marine Fisheries                                 greater than or equal to 60 feet LOA                  (18.3 m) LOA using hook-and-line or
                                             Service (NMFS), National Oceanic and                               using pot gear in the BSAI is 15,389                  pot gear, and 107,589 mt for C/Ps using
                                             Atmospheric Administration (NOAA),                                 metric tons (mt) as established by the                hook-and-line gear.
                                             Commerce.                                                          final 2017 and 2018 harvest                           Classification
daltland on DSKBBV9HB2PROD with RULES




                                             ACTION: Temporary rule; reallocation.                              specifications for groundfish in the
                                                                                                                BSAI (82 FR 11826, February 27, 2017)                    This action responds to the best
                                             SUMMARY:  NMFS is reallocating the                                 and reallocation (82 FR 47162, October                available information recently obtained
                                             projected unused amount of Pacific cod                             11, 2017).                                            from the fishery. The Assistant
                                             from catcher vessels equal to or greater                              The Administrator, Alaska Region,                  Administrator for Fisheries, NOAA
                                             than 60 feet (18.3 meters) length overall                          NMFS, (Regional Administrator) has                    (AA), finds good cause to waive the
                                             (LOA) using pot gear to catcher/                                   determined that catcher vessels greater               requirement to provide prior notice and


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                                                          Federal Register / Vol. 82, No. 247 / Wednesday, December 27, 2017 / Rules and Regulations                                              61191

                                             opportunity for public comment                          Since these fisheries are currently open,             553(d)(3). This finding is based upon
                                             pursuant to the authority set forth at 5                it is important to immediately inform                 the reasons provided above for waiver of
                                             U.S.C. 553(b)(B) as such requirement is                 the industry as to the revised                        prior notice and opportunity for public
                                             impracticable and contrary to the public                allocations. Immediate notification is                comment.
                                             interest. This requirement is                           necessary to allow for the orderly
                                                                                                                                                             This action is required by § 679.20
                                             impracticable and contrary to the public                conduct and efficient operation of this
                                                                                                                                                           and is exempt from review under
                                             interest as it would prevent NMFS from                  fishery, to allow the industry to plan for
                                             responding to the most recent fisheries                 the fishing season, and to avoid                      Executive Order 12866.
                                             data in a timely fashion and would                      potential disruption to the fishing fleet               Authority: 16 U.S.C. 1801 et seq.
                                             delay the reallocation of Pacific cod                   as well as processors. NMFS was unable                  Dated: December 21, 2017.
                                             specified from catcher vessels greater                  to publish a notice providing time for
                                                                                                                                                           Alan D. Risenhoover,
                                             than or equal to 60 feet (18.3 m) LOA                   public comment because the most
                                             using pot gear to C/Ps using pot gear,                  recent, relevant data only became                     Director, Office of Sustainable Fisheries,
                                             catcher vessels less than 60 feet (18.3 m)              available as of December 6, 2017.                     National Marine Fisheries Service.
                                             LOA using hook-and-line or pot gear,                       The AA also finds good cause to                    [FR Doc. 2017–27873 Filed 12–21–17; 4:15 pm]
                                             and catcher/processors using hook-and-                  waive the 30-day delay in the effective               BILLING CODE 3510–22–P
                                             line gear in the BSAI management area.                  date of this action under 5 U.S.C.
daltland on DSKBBV9HB2PROD with RULES




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Document Created: 2017-12-27 02:23:28
Document Modified: 2017-12-27 02:23:28
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionTemporary rule; reallocation.
DatesEffective December 21, 2017, through 2400 hours, Alaska local time (A.l.t.), December 31, 2017.
ContactJosh Keaton, 907-586-7228.
FR Citation82 FR 61190 
RIN Number0648-XF90

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