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Federal Register Highlights – 4/29/13

April 29, 2013

Unpublished, time-sensitive and proposed rules for April 29, 2013:

PROPOSED RULE: This proposed rule would revise the Incentive Reward Program provisions in §420.405 and certain provider enrollment requirements in part 424, subpart P. The most significant of these revisions include: changing the Incentive Reward Program potential reward amount for information on individuals and entities who are or have engaged in acts or omissions which resulted in the imposition of a sanction from 10 percent of the overpayments recovered in the case or $1,000, whichever is less, to 15 percent of the final amount collected applied to the first $66,000,000 for the sanctionable conduct; expanding the instances in which a felony conviction can serve as a basis for denial or revocation of a provider or supplier’s enrollment; if certain criteria are met, enabling us to deny enrollment if the enrolling provider, supplier, or owner thereof had an ownership relationship with a previously enrolled provider or supplier that had a Medicare debt; enabling us to revoke Medicare billing privileges if we determine that the provider or supplier has a pattern or practice of submitting claims for services that fail to meet Medicare requirements; and limiting the ability of ambulance suppliers to ‘‘backbill’’ for services performed prior to enrollment. We believe this proposed rule would—increase the incentive for individuals to report information on individuals and entities that have or are engaged in sanctionable conduct; improve our ability to detect new fraud schemes; and help us ensure that fraudulent entities and individuals do not enroll in or maintain their enrollment in the Medicare program. To be assured consideration, comments must be received no later than 5 p.m. on June 28, 2013. (To submit comments, visit www.regulations.gov, reference file code CMS–6045–P.)

TEMPORARY RULE: The Coast Guard is establishing a Regulated Navigation Area (RNA) in the Mississippi Canyon Block 20 in the Gulf of Mexico. This RNA is needed to protect the subsurface monitoring and collection dome system above a leaking wellhead from the potential hazards of vessels anchoring, mooring or loitering on or near the oil and gas discharge area. Deviation from this rule is prohibited unless specifically authorized by the Captain of the Port New Orleans, or his designated representative. This rule is enforced with actual notice from April 4, 2013, until April 29, 2013. This rule is effective in the Code of Federal Regulations on April 29, 2013.

PROPOSED RULE: The Coast Guard proposes to establish a temporary safety zone on the navigable waters of the Atlantic Ocean, in Sagaponack, NY for the Fairfield Estates fireworks display. This action is necessary to provide for the safety of life on navigable waters during the event. Entering into, transiting through, remaining, anchoring or mooring within this regulated area would be prohibited unless authorized by the Captain of the Port (COTP) Sector Long Island Sound. Comments and related material must be received by the Coast Guard on or before May 29, 2013. (To submit comments, visit www.regulations.gov, reference docket number USCG–2013–0212.)

TEMPORARY RULE: NMFS is prohibiting directed fishing for Pacific cod by catcher vessels (CVs) using hook-and-line 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 2013 Pacific cod total allowable catch apportioned to CVs using hook-and-line gear in the Western Regulatory Area of the GOA. Effective 1200 hours, Alaska local time (A.l.t.), April 24, 2013, through 1200 hours, A.l.t., September 1, 2013.

PROPOSED RULE: NMFS proposes regulations to implement Amendment 28 to the Fishery Management Plan for the Snapper-Grouper Fishery of the South Atlantic Region (FMP), as prepared by the South Atlantic Fishery Management Council (Council). If implemented, this rule would establish a process for determining whether the limited harvest and possession of red snapper in or from the South Atlantic exclusive economic zone (EEZ) could occur during a given fishing year and establish a process for setting commercial and recreational fishing seasons for red snapper beginning in 2013. Amendment 28 also specifies the process and formulas for setting commercial and recreational annual catch limits (ACLs) for red snapper if limited fishing seasons may occur. This rule would implement those ACLs and specify accountability measures (AMs) when the limited harvest and possession of red snapper is allowed. During limited fishing seasons, the rule would also eliminate the current red snapper minimum size limit, establish a recreational bag limit and establish a commercial trip limit for red snapper. In this rule, NMFS intends to continue the rebuilding of the red snapper stock and to provide socio-economic benefits to snapper-grouper fishermen and communities that utilize the red snapper resource. Written comments must be received on or before May 29, 2013. (To submit comments, visit www.regulations.gov, reference docket number NOAA–NMFS–2013-0040.)

PROPOSED RULE: NMFS proposes management measures for the 2013 summer flounder, scup, and black sea bass recreational fisheries. This rule also proposes to implement an increase in the 2013 and 2014 black sea bass specifications, consistent with a new acceptable biological catch recommendation. The implementing regulations for these fisheries require NMFS to publish recreational measures for the fishing year and to provide an opportunity for public comment. The intent of these measures is to prevent overfishing of the summer flounder, scup, and black sea bass resources. Comments must be received by 5 p.m. local time, on May 14, 2013. (To submit comments, visit www.regulations.gov, reference docket number NOAA–NMFS–2013–0060.)

 

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