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Federal Register / Vol. 86, No. 247 / Wednesday, December 29, 2021 / Rules and Regulations
providers, such as hospitals, physicians and infusion centers, would have experienced had the MFN Model been implemented as contemplated.
Response: We thank stakeholders for their comments. As we noted in the November 2020 MFN Model interim final rule and the August 2021 proposed rule, there is much uncertainty around the assumptions for both the OACT and ASPE estimates that were presented in those rules.
Final Decision: After considering the comments on the estimate of significantly affected providers and suppliers and the magnitude of estimated effects of our proposal, and because we are finalizing our proposal as proposed, we maintain our analysis, as presented in the August 2021
proposed rule, for this final rule.

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E. Unfunded Mandates Reform Act UMRA
Section 202 of the Unfunded Mandates Reform Act of 1995 UMRA
also requires that agencies assess anticipated costs and benefits before issuing any rule whose mandates require spending in any 1 year of $100
million in 1995 dollars, updated annually for inflation. In 2021, that threshold is approximately $158
million. As discussed in section V.C. of the August 2021 proposed rule and section IV.C. of this final rule, the financial impacts for States that is, an estimated overall reduction in State spending presented in the November 2020 MFN Model interim final rule 85
FR 76235 through 76248 will not be realized. The August 2021 proposed rule and this final rule did not mandate any spending by State, local, or tribal governments, or by the private sector, and hence an UMRA analysis is not required.
F. Federalism Executive Order 13132 establishes certain requirements that an agency must meet when it promulgates a proposed rule and subsequent final rule that imposes substantial direct requirement costs on State and local governments, preempts State law, or otherwise has Federalism implications.
As discussed in section V.C. of the August 2021 proposed rule and section IV.C. of this final rule, the financial impacts for States that is, an estimated overall reduction in State spending presented in the November 2020 MFN
Model interim final rule 85 FR 76235
through 76248 will not be realized.
Since this rule does not impose any costs on State or local governments, preempt State law, or otherwise have Federalism implications, the
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requirements of Executive Order 13132
are not applicable.
In accordance with the provisions of Executive Order 12866, this final rule was reviewed by the Office of Management and Budget.
Chiquita Brooks-LaSure, Administrator of the Centers for Medicare & Medicaid Services, approved this document on December 14, 2021.
List of Subjects for 42 CFR 513
Administrative practice and procedure, Health facilities, Medicare, Reporting and recordkeeping requirements.
PART 513REMOVED
For the reasons set forth in the preamble and under the authority at 5
U.S.C. 301, the Centers for Medicare &
Medicaid Services removes 42 CFR part 513.

Dated: December 21, 2021.
Xavier Becerra, Secretary, Department of Health and Human Services.
FR Doc. 202128225 Filed 122721; 4:15 pm BILLING CODE 412001P

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration 50 CFR Part 665
Docket No. 2112210265
RTID 0648XP016

Pacific Island Pelagic Fisheries; 2022
U.S. Territorial Longline Bigeye Tuna Catch Limits National Marine Fisheries Service NMFS, National Oceanic and Atmospheric Administration NOAA, Commerce.
ACTION: Final specifications.
AGENCY:

NMFS specifies a 2022 limit of 2,000 metric tons t of longlinecaught bigeye tuna for each U.S. Pacific territory American Samoa, Guam, and the Commonwealth of the Northern Mariana Islands CNMI, the territories.
NMFS will allow each territory to allocate up to 1,500 t in 2022 to U.S.
longline fishing vessels through specified fishing agreements that meet established criteria. The overall allocation limit among all territories, however, may not exceed 3,000 t. As an accountability measure, NMFS will monitor, attribute, and restrict if necessary catches of longline-caught
SUMMARY:

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bigeye tuna, including catches made under a specified fishing agreement.
These catch limits and accountability measures support the long-term sustainability of fishery resources of the U.S. Pacific Islands.
DATES: The final specifications are effective January 28, 2022, through December 31, 2022. The deadline to submit a specified fishing agreement pursuant to 50 CFR 665.819b3 for review is June 27, 2022.
ADDRESSES: Copies of the Fishery Ecosystem Plan for Pelagic Fisheries of the Western Pacific FEP are available from the Western Pacific Fishery Management Council Council, 1164
Bishop St., Suite 1400, Honolulu, HI
96813, tel 8085228220, or www.wpcouncil.org.
Pursuant to the National Environmental Policy Act, the Council and NMFS prepared environmental analyses that support this action and are available at https
www.regulations.gov/docket/NOAANMFS-2021-0076.
FOR FURTHER INFORMATION CONTACT:
Lynn Rassel, NMFS PIRO Sustainable Fisheries, 8087255184.
SUPPLEMENTARY INFORMATION: NMFS is specifying a 2022 catch limit of 2,000 t of longline-caught bigeye tuna for each U.S. Pacific territory. NMFS is also authorizing each territory to allocate up to 1,500 t of its 2,000 t bigeye tuna limit, not to exceed a 3,000 t total annual allocation limit among all the territories, to U.S. longline fishing vessels permitted to fish under the FEP. A
specified fishing agreement with the applicable territory must identify those vessels.
NMFS will monitor catches of longline-caught bigeye tuna by the longline fisheries of each U.S Pacific territory, including catches made by U.S. longline vessels operating under specified fishing agreements. The criteria that a specified fishing agreement must meet, and the process for attributing longline-caught bigeye tuna, will follow the procedures in 50
CFR 665.819. When NMFS projects that the fishery will reach a territorial catch or allocation limit, NMFS will, as an accountability measure, prohibit the catch and retention of longline-caught bigeye tuna by vessels in the applicable territory if the territorial catch limit is projected to be reached, and/or vessels in a specified fishing agreement if the allocation limit is projected to be reached.
You may find additional background information on this action in the preamble to the proposed specifications published on October 27, 2021 86 FR

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