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Federal Register / Vol. 72, No.

242 / Tuesday, December 18, 2007 / Rules and Regulations 71579

EPA-APPROVED REGULATIONS IN THE WEST VIRGINIA SIP—Continued


State
State citation [Chap- Additional explanation/citation at 40 CFR
Title/subject effective EPA approval date
ter 16–20 or 45 CSR] § 52.2565
date

Section 45–40–42 .... CAIR NOX Ozone Season Allowance Al- 5/1/06 12/18/07 [Insert 1. Except for subsections 42.2.d, 42.2.e,
locations. page number 42.3.a.2, and 42.4.b.
where the docu- 2. Only Phase I (2009–2014).
ment begins].

* * * * * (e) * * *

Applicable State
Name of non-regulatory SIP revision geographic submittal EPA approval date Additional explanation
area date

* * * * * * *
Article 3, Chapter 64 of the Code of West Statewide ............... 5/1/06 12/18/07 [Insert Effective date of March 11, 2006.
Virginia, 1931. page number
where the docu-
ment begins].

PART 97—[AMENDED] DEPARTMENT OF HEALTH AND received at one of the addresses


HUMAN SERVICES provided below, no later than 5 p.m. on
■ 3. The authority citation for 40 CFR February 19, 2008.
part 97 continues to read as follows: Centers for Medicare & Medicaid ADDRESSES: In commenting, please refer
Services to file code CMS–2278–IFC2. Because of
Authority: 42 U.S.C. 7401, 7403, 7410,
staff and resource limitations, we cannot
7426, 7601, and 7651, et seq. 42 CFR Part 488 accept comments by facsimile (FAX)
■ 4. Appendix A to Subpart EE is [CMS–2278–IFC2] transmission.
amended by adding the entry for ‘‘West You may submit comments in one of
RIN 0938–AP22 four ways (no duplicates, please):
Virginia’’ in alphabetical order under
paragraph 1. to read as follows: 1. Electronically. You may submit
Revisit User Fee Program for Medicare
electronic comments on specific issues
Survey and Certification Activities
Appendix A to Subpart EE of Part 97—States in this regulation to http://
With Approved State Implementation Plan AGENCY: Centers for Medicare & www.cms.hhs.gov/eRulemaking. Click
Revisions Concerning Allocations Medicaid Services (CMS), HHS. on the link ‘‘Submit electronic
1. * * * ACTION: Interim final rule with comment comments on CMS regulations with an
West Virginia (for control periods 2009– period. open comment period.’’ (Attachments
2014) should be in Microsoft Word,
SUMMARY: This interim final rule with WordPerfect, or Excel; however, we
* * * * * comment period implements the prefer Microsoft Word.)
continuation of the revisit user fee 2. By regular mail. You may mail
■ 5. Appendix A to Subpart EEEE is program for Medicare Survey and written comments (one original and two
amended by adding the entry for West Certification activities, in accordance copies) to the following address ONLY:
Virginia in alphabetical order to read as with the statutory authority in the Centers for Medicare & Medicaid
follows: Further Continuing Appropriations, Services, Department of Health and
Appendix A to Subpart EEEE of Part 97— 2008 Resolution (‘‘Continuing Human Services, Attention: CMS–2278–
States With Approved State Implementation Resolution’’) budget legislation passed IFC2, P.O. Box 8010, Baltimore, MD
Plan Revisions Concerning Allocations by the Congress and signed by the 21244–8016.
President on November 13, 2007. On Please allow sufficient time for mailed
* * * * * September 19, 2007, we published a comments to be received before the
West Virginia (for control periods 2009– final rule that established a system of close of the comment period.
2014) revisit user fees applicable to health 3. By express or overnight mail. You
* * * * * care facilities that have been cited for may send written comments (one
[FR Doc. E7–24367 Filed 12–17–07; 8:45 am] deficiencies during initial certification, original and two copies) to the following
BILLING CODE 6560–50–P
recertification or substantiated address ONLY: Centers for Medicare &
complaint surveys and require a revisit Medicaid Services, Department of
to confirm that previously-identified Health and Human Services, Attention:
deficiencies have been corrected. CMS–2278–IFC2, Mail Stop C4–26–05,
DATES: Effective date: These regulations 7500 Security Boulevard, Baltimore, MD
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are effective December 14, 2007, and 21244–1850.


applicable beginning November 17, 4. By hand or courier. If you prefer,
2007. you may deliver (by hand or courier)
Comment date: To be assured your written comments (one original
consideration, comments must be and two copies) before the close of the

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71580 Federal Register / Vol. 72, No. 242 / Tuesday, December 18, 2007 / Rules and Regulations

comment period to one of the following Monday through Friday of each week II. Provisions of the Interim Final Rule
addresses. If you intend to deliver your from 8:30 a.m. to 4 p.m. To schedule an
comments to the Baltimore address, appointment to view public comments, The current Continuing Resolution
please call telephone number (410) 786– phone 1–800–743–3951. Pub. L. 110–16 Division B of HR 3222
7195 in advance to schedule your SUPPLEMENTARY INFORMATION: which amends Pub. L. 110–92 H. J. Res.
arrival with one of our staff members. 52 §§ 101 & 106(2007), authorizes HHS
I. Background to continue to impose revisit user fees
Room 445–G, Hubert H. Humphrey
Building, 200 Independence Avenue, In the June 29, 2007 Federal Register until December 14, 2007, as follows:
SW., Washington, DC 20201; or (72 FR 35673), we published the * * *
7500 Security Boulevard, Baltimore, MD proposed rule entitled, ‘‘Establishment Sec. 101. Such amounts as may be
21244–1850. of Revisit User Fee Program for necessary, at a rate for operations as provided
(Because access to the interior of the Medicare Survey and Certification in the applicable appropriations Acts for
HHH Building is not readily available to Activities’ and provided for a 60-day fiscal year 2007 and under the authority and
comment period. In the September 19, conditions provided in such Acts, for
persons without Federal Government continuing projects or activities (including
identification, commenters are 2007 Federal Register (72 FR 53628) we
published the Revisit User Fee Program the costs of direct loans and loan guarantees)
encouraged to leave their comments in that are not otherwise specifically provided
the CMS drop slots located in the main final rule. That final rule set forth final
requirements and a final fee schedule for in this joint resolution, that were
lobby of the building. A stamp-in clock conducted in fiscal year 2007, and for which
is available for persons wishing to retain for providers and suppliers who require
appropriations, funds, or other authority
a proof of filing by stamping in and a revisit survey as a result of were made available in the following
deficiencies cited during an initial appropriations Acts:
retaining an extra copy of the comments
certification, recertification, or * * *
being filed.)
Comments mailed to the addresses substantiated complaint survey. (3) The Continuing Appropriations
The Centers for Medicare & Medicaid Resolution, 2007 (division B of Public Law
indicated as appropriate for hand or
Services (CMS) has in place an 109–289, as amended by Public Law 110–5).
courier delivery may be delayed and
outcome-oriented survey process that is (H.J.Res.20, § 101(2007)).
received after the comment period.
designed to ensure that existing Sec. 106. Unless otherwise provided for in
For information on viewing public
Medicare-certified providers and this joint resolution or in the applicable
comments, see the beginning of the
suppliers or providers and suppliers appropriations Act for fiscal year 2008,
SUPPLEMENTARY INFORMATION section.
seeking initial Medicare certification, appropriations and funds made available and
FOR FURTHER INFORMATION CONTACT: meet statutory and regulatory authority granted pursuant to this joint
Kelley Tinsley, (410) 786–6664. requirements, conditions of resolution shall be available until whichever
SUPPLEMENTARY INFORMATION: participation, or conditions for of the following first occurs:
Submitting Comments: As the public coverage. These health and safety * * *
was provided an opportunity to requirements apply to the environments (3) December 14, 2007.
comment on the substance of the rule of care and the delivery of services to
during the comment period prior to the As directed by the Secretary, in the
residents or patients served by these September 19, 2007 Federal Register (72
publication of the September 19, 2007 facilities and agencies. The Secretary of
final rule, and as the substance of the FR 53628), we established the revisit
the Department of Health and Human user fee program for revisit surveys. We
rule is not changed by this interim final Services (HHS) has designated CMS to
rule with comment period, we are put forth in regulation the relevant
enforce the conditions of participation/ definitions, criteria for determining the
accepting comments only to the extent coverage and other requirements of the
that they pertain to the applicability of fees, the fee schedule, procedures for
Medicare program. The revisit user fee the collection of fees, the
the new authority for the rule. You can will be assessed for revisits conducted
assist us by referencing the file code reconsideration process, enforcement
in order to determine whether and regulatory language addressing
CMS–2278–IFC2. deficiencies cited as a result of failing to
Inspection of Public Comments: All enrollment and billing privileges, and
satisfy federal quality of care provider agreements. In the September
comments received before the close of requirements have been corrected.
the comment period are available for 19, 2007 final rule, cost projections were
Pursuant to the requirements of the
viewing by the public, including any based on FY 2006 actual data and were
Continuing Appropriations Resolution
personally identifiable or confidential budget bill for fiscal year (FY) 2007, the expected to amount to $37.3 million for
business information that is included in Secretary directed CMS to implement FY 2007. These calculations were
a comment. We post all comments the revisit user fees for FY 2007 for included in section IV of the final rule
received before the close of the certain providers and suppliers for (72 FR 53642).
comment period on the following Web which a revisit was required to confirm We stated in the final rule that, ‘‘if
site as soon as possible after they have that previously-identified failures to authority for the revisit user fee is
been received: http://www.cms.hhs.gov/ meet federal quality of care continued, we will use the current fee
eRulemaking. Click on the link requirements had been remedied. The schedule in [the final rule] for the
‘‘Electronic Comments on CMS fees recover the costs associated with assessment of such fees until such time
Regulations’’ on that Web site to view the Medicare Survey and Certification as a new fee schedule notice is proposed
public comments. program’s revisit surveys. The primary and published in final form.’’ (72 FR
Comments received timely will be purpose for implementing the revisit 53628). The current Continuing
available for public inspection as they user fees is to ensure the continuance of Resolution continues the authority of
are received, generally beginning CMS Survey and Certification quality the FY 2007 Continuing Resolution from
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approximately three weeks after assurance functions that improve November 17, 2007 through December
publication of a document, at the patient care and safety. The fees became 14, 2007. Accordingly, the revisit fees
headquarters of the Centers for Medicare effective upon publication September will continue to be assessed for the
& Medicaid Services, 7500 Security 19, 2007, when the final rule was entire time period authorized by the
Boulevard, Baltimore, Maryland 21244, published. current Continuing Resolution.

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Federal Register / Vol. 72, No. 242 / Tuesday, December 18, 2007 / Rules and Regulations 71581

III. Response to Comments reasonable time to prepare for the costs and benefits of available regulatory
Because of the large number of public effective date of a rule or rules or to take alternatives and, if regulation is
comments we normally receive on other action which the issuance may necessary, to select regulatory
Federal Register documents, we are not prompt.’’ S. Rep. No. 752, 79th Cong., approaches that maximize net benefits
able to acknowledge or respond to them 1st Sess. 15 (1946); H.R. Rep. No. 1980, (including potential economic,
individually. We will consider all 79th Cong. 2d Sess. 25 (1946). In this environmental, public health and safety
comments we receive by the date and case, affected parties do not need time effects, distributive impacts, and
time specified in the DATES section of to adjust their behavior before this rule equity). A regulatory impact analysis
this preamble, and, when we proceed takes effect. This rule merely updates (RIA) must be prepared for major rules
with a subsequent document, we will the authority under which the revisit fee with economically significant effects
respond to the comments in the is assessed and does not provide any ($100 million or more in any one year).
preamble to that document. additional requirements for the affected This rule is not a major rule. The
parties. Moreover, with or without a aggregate costs will total approximately
IV. Waiver of Proposed Rulemaking revisit fee, a provider or supplier must $37.3 million in any one year.
and Delay in Effective Date be found to have corrected significant The RFA requires agencies to analyze
We ordinarily publish a notice of deficiencies in order to avoid options for regulatory relief of small
proposed rulemaking in the Federal termination. Additionally, the businesses. For purposes of the RFA,
Register and invite public comment on application of a fee for the revisit does small entities include small businesses,
the proposed rule in accordance with 5 not place appreciable administrative nonprofit organizations, and small
U.S.C. 553(b) of the Administrative burdens on the affected providers or governmental jurisdictions. Individuals
Procedure Act (APA). The notice of suppliers. We do not expect appreciable and States are not included in the
proposed rulemaking includes a cost to State survey agencies because we definition of a small entity. Small
reference to the legal authority under are undertaking the billing and businesses are small entities, either by
which the rule is proposed, and the collection of the revisit user fee. nonprofit status or by having revenues
terms and substance of the proposed We identified in the September 19, of $6.5 million to $31.9 million or less
rule or a description of the subjects and 2007 final rule the immediacy of this in any one year for purposes of the RFA.
issues involved. This procedure can be revisit user fee program and the specific The September 19, 2007 final rule
waived, however, if an agency finds statutory requirement contained limited provided an analysis on the impact of
good cause that a notice-and-comment in the Continuing Resolution that small entities (72 FR 53642–3). The
procedure is impracticable, required us to implement the revisit analysis published in the final rule
unnecessary, or contrary to the public user fee program in FY 2007. remains valid. Since this interim final
interest and incorporates a statement of Accordingly, providers and suppliers rule with comment merely updates the
the finding and its reasons in the rule have been on notice for some time that Congressional authority under which
issued. We find that the notice-and- these fees will be imposed, and do not the rule operates, we have determined
comment procedure is unnecessary in need additional time to be prepared to that this rule will not have a significant
this circumstance because providers and comply with the requirements of this impact on small entities based on the
suppliers have already been provided regulation. We believe that given the overall effect on revenues.
notice and an opportunity to comment short timeframe that we have to collect Section 1102(b) of the Act requires us
on the substance of this rule. This fees before the statutory authority of the to prepare a regulatory impact analysis
interim final rule with comment merely current Continuing Resolution expires, if a rule may have a significant impact
updates the Congressional authority there is good cause to waive the 30-day on the operations of a substantial
under which the rule operates. effective date. number of small rural hospitals. This
Therefore, we find good cause to V. Collection of Information analysis must conform to the provisions
waive the notice of proposed Requirements of section 604 of the RFA. For purposes
rulemaking and to issue this final rule of section 1102(b) of the Act, we define
on an interim basis. We are providing a This document does not impose a small rural hospital as a hospital that
60-day public comment period. information collection and is located outside of a Metropolitan
We ordinarily provide a 30-day delay recordkeeping requirements. statistical Area (superseded by Core
in the effective date of the provisions of Consequently, it need not be reviewed Based Statistical Areas) and has fewer
a rule in accordance with the by the Office of Management and than 100 beds. This rule affects those
Administrative Procedure Act (APA), 5 Budget under the authority of the small rural hospitals that have been
U.S.C. 553(d). However, the delay in the Paperwork Reduction Act of 1995. cited for a deficiency based on
effective date may be waived as, in VI. Regulatory Impact Analysis noncompliance with required
pertinent part, ‘‘provided by the agency conditions of participation and for
for good cause found and published A. Overall Impact which a revisit is needed to ensure that
with the rule.’’ 5 U.S.C. 553(d)(3). The We have examined the impacts of this the deficiency has been corrected. We
Secretary finds that good cause exists to rule as required by Executive Order identified in the September 19, 2007
waive the 30-day effective date delay. 12866 (September 1993, Regulatory final rule that for the effective period of
The good cause exception to the 30 Planning and Review), the Regulatory that rule that less than 3 percent of all
day effective date delay provision of Flexibility Act (RFA) (September 19, hospitals may be assessed a revisit user
section 553(d) of the APA is read to be 1980, Pub. L. 96–354), section 1102(b) of fee and that less than 1 percent of those
broader than the good cause exception the Social Security Act, the Unfunded hospitals would be rural hospitals (72
to the notice and comment provision of Mandates Reform Act of 1995 (Pub. L. FR 53643). The analysis published in
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section 553(b) of the APA. 104–4), and Executive Order 13132. the final rule remains valid. Since this
The legislative history of the APA Executive Order 12866 (as amended interim final rule with comment merely
indicates that the purpose for deferring by Executive Order 13258, which updates the Congressional authority
the effectiveness of a rule under section merely reassigns responsibility of under which the rule operates, we
553(d) was to ‘‘afford persons affected a duties) directs agencies to assess all maintain that this rule will not have a

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71582 Federal Register / Vol. 72, No. 242 / Tuesday, December 18, 2007 / Rules and Regulations

significant impact on small rural publication of this interim final rule totaling approximately $2.7 million. (72
hospitals. with comment. The impact remains as FR 53645). However, actual fees
Section 202 of the Unfunded discussed in the final rule (72 FR assessed in FY 2007 were much less
Mandates Reform Act of 1995 also 53643). than this amount, since CMS did not
requires that agencies assess anticipated charge for revisits that occurred prior to
costs and benefits before issuing any Final Fee Schedule for Onsite and
Offsite Revisit Surveys publication of the final regulation. Since
rule whose mandates require spending we continue to operate under this same
in any one year of $100 million in 1995 The FY 2007 fee schedule published estimate for FY 07, we provide below
dollars, updated annually for inflation. on September 19, 2007 (72 FR 53647) in monthly estimates of the impact for the
That threshold level is currently the final rule will be retained. As noted period of the current Continuing
approximately $120 million. This in the final rule, the published fee Resolution in Tables B and C. For the
interim final rule with comment will schedule will be utilized by CMS for the period of the current Continuing
have no mandated effect on State, local, assessment of such fees until such time
or tribal governments and the impact on Resolution, we will use the FY 2007 fee
as a new fee schedule notice is proposed schedule established in the final rule for
the private sector is estimated to be less and published in final form. The
than $120 million and will only effect the assessment of fees until a new fee
calculations utilized to determine the schedule notice is proposed and
those Medicare providers or suppliers fee as identified in the final rule will be
for which a revisit user fee is assessed published as final.
the same (72 FR 53645–6). We will
based on the need to conduct a revisit continue to assess a flat fee based on In Table B below, we provide the
survey to ensure deficient practices that provider or supplier type and type of projected costs for the period of this
were cited have been corrected. revisit survey conducted. Table A below current Continuing Resolution based on
Executive Order 13132 establishes identifies the final fee schedule. the fee schedule of the final rule. We
certain requirements that an agency expect the combined costs for all
must meet when it promulgates a TABLE A.—FINAL FEE SCHEDULE providers and suppliers for all onsite
proposed rule (and subsequent final revisit surveys for the period of this
rule) that imposes substantial direct Fee assessed Fee assessed current Continuing Resolution to total
requirement costs on State and local Facility per offsite re- per onsite re- approximately $2.9 million. We first
governments, preempts State law, or visit survey visit survey
multiplied the total number of onsite
otherwise has Federalism implications. revisit surveys in one year by the
This interim final rule with comment SNF & NF $168 $2,072
Hospitals ... 168 2,554 expected revisit user fees assessed per
will not substantially affect State or
HHA .......... 168 1,613 revisits as finalized in Table A above,
local governments. This rule establishes Hospice ..... 168 1,736 estimated by provider or supplier, to
user fees for providers and suppliers for ASC .......... 168 1,669
which CMS has identified deficient obtain the annual cost of revisit surveys.
RHC .......... 168 851 We then divided this number by 12 to
practices and requires a revisit to assure ESRD ........ 168 1,490
that corrections have been made. obtain the monthly cost per provider or
Therefore, we have determined that this supplier of onsite revisit surveys to
Costs for All Revisit User Fees Assessed obtain the total costs for onsite revisit
interim final rule with comment will
not have a significant affect on the We anticipated that the combined surveys for the period of the current
rights, roles, and responsibilities of costs for all providers and suppliers for Continuing Resolution (roughly 1
State or local governments. all revisit surveys in FY 2007 would month). We then totaled all providers
total approximately $37.3 million on an and suppliers to achieve the total costs
B. Impact on Providers/Suppliers annual basis, with onsite revisit surveys for all onsite revisit surveys for the
There is no change on the impact on amounting to approximately $34.6 period of this current Continuing
providers and suppliers with the million and offsite revisit surveys Resolution.

TABLE B.—ONSITE REVISIT SURVEYS—ESTIMATED MONTHLY COSTS


Fee assessed
Monthly number Monthly costs for
per onsite revisit
Facility of onsite revisit onsite revisit
surveys (hrs ×
surveys surveys *
$112)

SNF & NF ........................................................................................................................ 1,191 $2,072 $2,467,061


Hospitals .......................................................................................................................... 48 2,554 122,379
HHA ................................................................................................................................. 89 1,613 143,557
Hospice ............................................................................................................................ 21 1,736 37,035
ASC .................................................................................................................................. 8 1,669 13,213
RHC ................................................................................................................................. 12 851 10,567
ESRD ............................................................................................................................... 58 1,490 86,668

Total .......................................................................................................................... 1,427 ............................ 2,880,480


* Monthly costs may differ from the multiple of monthly revisits and fee per revisit due to rounding. The time period of this CR is roughly 1
month. Total numbers of onsite revisit surveys were rounded up based on FY 2006 actual data presented in the final rule.
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We expect the combined costs for all Resolution. In Table C below, we first multiplied this number by the expected
providers and suppliers for all offsite estimated by provider or supplier the revisit user fee of $168 per offsite revisit
revisit surveys to total $229,250 for the number of offsite revisit surveys survey to obtain the annual cost of
period of the current Continuing expected for an entire fiscal year, and surveys. We then divided this number

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Federal Register / Vol. 72, No. 242 / Tuesday, December 18, 2007 / Rules and Regulations 71583

by 12 to obtain the monthly cost of period of the current Continuing


offsite revisit surveys to obtain the total Resolution (roughly 1 month).
costs for offsite revisit surveys for the

TABLE C.—OFFSITE REVISIT SURVEYS—ESTIMATED MONTHLY COSTS


Fee assessed
Monthly number Monthly costs for
per offsite revisit
Facility of offsite revisit offsite revisit
survey
surveys surveys*
($112 × 1.5 hrs)

SNF & NF ........................................................................................................................ 1,262 $168 $211,932


Hospitals .......................................................................................................................... 23 168 3,892
HHA ................................................................................................................................. 43 168 7,238
Hospice ............................................................................................................................ 4 168 714
ASC .................................................................................................................................. 8 168 1,302
RHC ................................................................................................................................. 6 168 938
ESRD ............................................................................................................................... 19 168 3,234

Total .......................................................................................................................... 1,365 ............................ 229,250


* Monthly costs may differ from the multiple of monthly revisits and fee per revisit due to rounding. The time period of this CR is roughly 1
month.

As shown in Table D below, we projected for the entire FY 2007, as well for the period of the current Continuing
provide the aggregate costs expected as as the costs we would expect to offset Resolution.

TABLE D.—TOTAL COSTS COMBINED FOR ALL REVISITS SURVEYS PER FISCAL YEAR & PERIOD OF CR
FY 2007 Period of CR*

Onsite Revisit Surveys .................................................................................................................................... $34,565,760 $2,880,480


Offsite Revisit Surveys .................................................................................................................................... 2,751,000 229,250

Total Costs All Revisits ............................................................................................................................ 37,316,760 3,109,730


* CR period’s costs are based on CR period revisit surveys rounded up to the nearest whole number as shown in Table B & C.

E. Alternatives Considered PART 488—SURVEY, CERTIFICATION, DEPARTMENT OF COMMERCE


AND ENFORCEMENT PROCEDURES
We considered a number of National Oceanic and Atmospheric
alternatives to the revisit user fee ■ 1. The authority citation for part 488 Administration
program. Such alternatives were is revised to read as follows:
discussed in the final rule published on 50 CFR Part 660
Authority: Secs. 1102 and 1871 of the
September 19, 2007 (72 FR 53647). We
Social Security Act, unless otherwise noted [Docket No. 060824226 6322 02]
affirm the continuing validity of that
(42 U.S.C. 1302 and 1395(hh)); Continuing
analysis. The current Continuing
Resolution Pub. L. 101–16 Division B of HR RIN 0648–AW34
Resolution provides CMS with the 3222.
authority to continue projects or Magnuson-Stevens Act Provisions;
(Catalog of Federal Domestic Assistance
activities as was otherwise provided for Fisheries Off West Coast States;
Program No. 93.778, Medical Assistance
in FY 2007, and as such CMS is Program) Pacific Coast Groundfish Fishery;
required to publish an interim final rule Biennial Specifications and
(Catalog of Federal Domestic Assistance
with comment. This interim final rule Management Measures; Inseason
Program No. 93.773, Medicare—Hospital
with comment merely updates the Insurance; and Program No. 93.774, Adjustments
Congressional authority under which Medicare—Supplementary Medical
the rule operates. AGENCY: National Marine Fisheries
Insurance Program) Service (NMFS), National Oceanic and
In accordance with Executive Order Dated: December 3, 2007. Atmospheric Administration (NOAA),
12866, this rule has been reviewed by Commerce.
Kerry Weems,
the Office of Management and Budget.
Acting Administrator, Centers for Medicare ACTION: Final rule; inseason adjustments
List of Subjects in 42 CFR Part 488 & Medicaid Services. to biennial groundfish management
Approved: December 13, 2007. measures; request for comments.
Administrative practice and
procedure, Health facilities, Medicare, Michael O. Leavitt, SUMMARY: This final rule announces
Reporting and Recording requirements. Secretary. inseason changes to management
[FR Doc. 07–6093 Filed 12–14–07; 12:13 pm] measures in the commercial Pacific
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■ For the reasons set forth in the BILLING CODE 4120–01–P Coast groundfish fishery. These actions,
preamble, the Centers for Medicare & which are authorized by the Pacific
Medicaid Services amends 42 CFR Coast Groundfish Fishery Management
chapter IV, part 488 as set forth below: Plan (FMP), are intended to allow
fisheries to access more abundant

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