Federal Register / Vol. 70, No. 208 / Friday, October 28, 2005 / Rules and Regulations 62073 the Act, the Unfunded Mandates Reform nurse staffing data. This final rule will (A) Clear and readable format. Act of 1995 (Pub. L. 104–4), and have no consequential effect on the (B) In a prominent place readily Executive Order 13132. Executive Order governments mentioned or on the accessible to residents and visitors. 12866 directs agencies to assess all costs private sector. (3) Public access to posted nurse and benefits of available regulatory Executive Order 13132 establishes staffing data. The facility must, upon alternatives and, if regulation is certain requirements that an agency oral or written request, make nurse necessary, to select regulatory must meet when it promulgates a staffing data available to the public for approaches that maximize net benefits proposed rule (and subsequent final review at a cost not to exceed the (including potential economic, rule) that imposes substantial direct community standard. environmental, public health and safety requirement costs on State and local (4) Facility data retention effects, distributive impacts, and governments, preempts State law, or requirements. The facility must equity). A regulatory impact analysis otherwise has Federalism implications. maintain the posted daily nurse staffing (RIA) must be prepared for major rules Since this regulation will not impose data for a minimum of 18 months, or as with economically significant effects any costs on State or local governments, required by State law, whichever is ($100 million or more in any one year). the requirements of Executive Order greater. This rule does not reach the economic 13132 are not applicable. (Catalog of Federal Domestic Assistance threshold and thus is not considered a In accordance with the provisions of Program No. 93.773, Medicare—Hospital major rule. Executive Order 12866, this regulation Insurance) The RFA requires agencies to analyze was reviewed by the Office of Dated: April 21, 2005. options for regulatory relief of small Management and Budget. entities. For purposes of the RFA, small Mark B. McClellan, entities include small businesses, List of Subjects in 42 CFR Part 483 Administrator, Centers for Medicare & nonprofit organizations, and Grant programs-health, Health Medicaid Services. government agencies. According to the facilities, Health professions, Health Approved: June 16, 2005. Small Business Administration (SBA) records, Medicaid, Medicare, Nursing Michael O. Leavitt, approximately 53 percent of all SNFs homes, Nutrition, Reporting and Secretary. and NFs generate revenues of $11.5 recordkeeping requirements, Safety. [FR Doc. 05–21278 Filed 10–27–05; 8:45 am] million or less in a one year period, and I For the reasons set forth in the BILLING CODE 4120–01–P are considered small entities. preamble, the Centers for Medicare & Individuals and States are not included Medicaid Services amends 42 CFR part in the definition of small entities. The 483 as follows: only burden associated with this rule is DEPARTMENT OF COMMERCE the information collection burden PART 483—REQUIREMENTS FOR National Oceanic and Atmospheric associated with collecting and posting STATES AND LONG TERM CARE Administration nurse staffing data. We are not preparing FACILITIES an analysis for the RFA because we have 50 CFR Parts 600 and 622 determined that this rule will not have I 1. The authority citation for part 483 a significant economic impact on a continues to read as follows: [Docket No. 050729208–5267–02; I.D. substantial number of small entities. Authority: Secs. 1102 and 1871 of the 060805B] In addition, section 1102(b) of the Act Social Security Act (42 U.S.C. 1302 and RIN 0648–AP51 requires us to prepare a regulatory 1395hh). impact analysis if a rule may have a I 2. Section 483.30 is amended by Fisheries of the Caribbean, Gulf of significant impact on the operations of adding paragraph (e) to read as follows: Mexico, and South Atlantic; a substantial number of small rural Comprehensive Amendment to the hospitals. This analysis must conform to § 483.30 Nursing services. Fishery Management Plans of the U.S. the provisions of section 604 of the * * * * * Caribbean RFA. For purposes of section 1102(b) of (e) Nurse staffing information—(1) the Act, we define a small rural hospital Data requirements. The facility must AGENCY: National Marine Fisheries as a hospital that is located outside of post the following information on a Service (NMFS), National Oceanic and a Metropolitan Statistical Area and has daily basis: Atmospheric Administration (NOAA), fewer than 100 beds. We are not (i) Facility name. Commerce. preparing an analysis for section 1102(b) (ii) The current date. ACTION: Final rule. of the Act because we have determined (iii) The total number and the actual that this final rule will not have a hours worked by the following SUMMARY: NMFS issues this final rule to significant impact on the operations of categories of licensed and unlicensed implement a comprehensive a substantial number of small rural nursing staff directly responsible for amendment prepared by the Caribbean hospitals because it applies only to resident care per shift: Fishery Management Council (Council) SNFs and NFs. (A) Registered nurses. to amend its Reef Fish, Spiny Lobster, Section 202 of the Unfunded (B) Licensed practical nurses or Queen Conch, and Coral Fishery Mandates Reform Act of 1995 also licensed vocational nurses (as defined Management Plans (FMPs). The requires that agencies assess anticipated under State law). comprehensive amendment is designed costs and benefits before issuing any (C) Certified nurse aides. to ensure the FMPs are fully compliant rule that may result in expenditure in (iv) Resident census. with the provisions of the Magnuson- any one year by State, local, or tribal (2) Posting requirements. (i) The Stevens Fishery Conservation and governments, in the aggregate, or by the facility must post the nurse staffing data Management Act (Magnuson-Stevens private sector, of $110 million. The only specified in paragraph (e)(1) of this Act). This final rule redefines the burden associated with this rule is the section on a daily basis at the beginning fishery management units for the FMPs; information collection burden of each shift. establishes seasonal closures; imposes associated with collecting and posting (ii) Data must be posted as follows: gear restrictions and requirements; VerDate Aug<31>2005 14:35 Oct 27, 2005 Jkt 208001 PO 00000 Frm 00019 Fmt 4700 Sfmt 4700 E:\FR\FM\28OCR1.SGM 28OCR1 62074 Federal Register / Vol. 70, No. 208 / Friday, October 28, 2005 / Rules and Regulations revises requirements for marking pots amendment and requested public fishing mortality (F) are consistent and and traps; and prohibits the filleting of comment on the proposed rule (70 FR able to produce MSY. Additionally, the fish at sea. In addition, the 53979). NMFS approved the time period over which catches are comprehensive amendment establishes comprehensive amendment on averaged would need to be sufficient to biological reference points and stock September 14, 2005. The rationale for observe trends in the fishery. status criteria; establishes rebuilding the measures in the comprehensive Recognizing the data for the U.S. schedules and strategies to end amendment is provided in the Caribbean do not meet these overfishing and rebuild overfished amendment and in the preamble to the assumptions, the Council selected a stocks; provides for standardized proposed rule and is not repeated here. proxy for MSY derived from recent collection of bycatch data; minimizes This final rule is implemented with no catch (C), modified by estimates of the bycatch and bycatch mortality to the changes from the proposed rule. current biomass (B) and fishing mortality (F) ratios. This allows the extent practicable; designates essential Comments and Responses fish habitat (EFH) and EFH habitat areas Council to ensure that MSY reflects of particular concern (HAPCs); and NMFS received 17 comments on the situations when B or F are above or minimizes adverse impacts on such comprehensive amendment and below the level needed to produce MSY. habitat to the extent practicable. The proposed rule. Following is a summary The Council’s choice of targets and intended effect of this final rule is to of the comments and NMFS’ responses. limit reference points is based on the achieve optimum yield in the fisheries Biological Reference Points and Stock recommendations of NMFS’ Technical and provide social and economic Status Determination Criteria Guidance on the Use of Precautionary benefits associated with maintaining Approaches to Implementing National Comment 1: The data underlying the healthy stocks. Standard 1 of the Magnuson-Stevens calculations for maximum sustainable Fishery Conservation and Management DATES: This final rule is effective yield (MSY) do not comply with the Act (Technical Guidance). The November 28, 2005. Magnuson-Stevens Act requirement to Technical Guidance states ‘‘in cases of ADDRESSES: Copies of the final use the best scientific information severe data limitations, qualitative regulatory flexibility analysis (FRFA) available. In data-poor situations, it is approaches may be necessary, including and Record of Decision (ROD) are appropriate to base estimates of MSY on expert opinion and consensus-building available from Dr. Steve Branstetter, catch levels, such as is done in the methods,’’ which was the approach NMFS, Southeast Regional Office,