Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod in the Bering Sea and Aleutian Islands Management Area, 22917-22918 [2023-07920]

Download as PDF Federal Register / Vol. 88, No. 72 / Friday, April 14, 2023 / Rules and Regulations Congressional Review Act Pursuant to Congressional Review Act) (5 U.S.C. 801 et seq.), the Office of Information and Regulatory Affairs designated this rule as not a major rule, as defined by 5 U.S.C. 804(2). List of Subjects in 38 CFR Part 4 Disability benefits. Signing Authority Denis McDonough, Secretary of Veterans Affairs, approved this document on June 6, 2022, and authorized the undersigned to sign and submit the document to the Office of the Federal Register for publication electronically as an official document of the Department of Veterans Affairs. Jeffrey M. Martin, Assistant Director, Office of Regulation Policy & Management, Office of General Counsel, Department of Veterans Affairs. For the reasons stated in the preamble, VA amends 38 CFR part 4 as set forth below: PART 4—SCHEDULE FOR RATING DISABILITIES 2. Amend § 4.26 by: a. Revising the introductory text; b. Adding headings to paragraphs (a) through (c); and ■ c. Adding paragraph (d). The revision and additions read as follows: ■ ■ ■ ddrumheller on DSK120RN23PROD with RULES1 DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 679 Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod in the Bering Sea and Aleutian Islands Management Area Authority: 38 U.S.C. 1155, unless otherwise noted. National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; modification of a closure; request for comments. AGENCY: NMFS is opening directed fishing for Pacific cod by catcher vessels using trawl gear in the Bering Sea and Aleutian Islands Management Area (BSAI). This action is necessary to fully use the 2023 total allowable catch of Pacific cod allocated to catcher vessels using trawl gear in the BSAI. DATES: Effective 1200 hours, Alaska local time (A.l.t.), April 13, 2023, through 1200 hours, A.l.t., June 10, 2023. Comments must be received at the following address no later than 4:30 p.m., A.l.t., May 1, 2023. ADDRESSES: You may submit comments on this document, identified by docket number NOAA–NMFS–2022–0094, by any of the following methods: Electronic Submission: Submit all electronic public comments via the Federal e- Rulemaking Portal. Go to https://www.regulations.gov and enter NOAA–NMFS–2022–0094 in the Search box. Click on the ‘‘Comment’’ icon, complete the required fields, and enter or attach your comments. SUMMARY: Bilateral factor. Except as provided in paragraph (d) of this section, when a partial disability results from disease or injury of both arms, or of both legs, or of paired skeletal muscles, the ratings for the disabilities of the right and left sides will be combined as usual, and 10 percent of this value will be added (i.e., not combined) before proceeding with further combinations, or converting to degree of disability. The bilateral factor will be applied to such bilateral disabilities before other combinations are carried out and the rating for such disabilities including the bilateral factor in this section will be treated as one disability for the purpose of arranging in order of severity and for all further combinations. For example, with disabilities evaluated at 60 percent, 20 percent, 10 percent and 10 percent (with the two 10 percent evaluations being bilateral disabilities), the order of severity would be 60, 21 and 20. The 60 and 21 combine to 68 percent and the 16:10 Apr 13, 2023 BILLING CODE 8320–01–P RTID 0648–XC924 1. The authority citation for part 4 continues to read as follows: VerDate Sep<11>2014 [FR Doc. 2023–07426 Filed 4–13–23; 8:45 am] [Docket No. 230306–0065] ■ § 4.26 68 and 20 combine to 74 percent, converted to 70 percent as the final degree of disability. (a) Definitions. * * * (b) Procedure for four affected extremities. * * * (c) Applicability. * * * (d) Exception. In cases where the combined evaluation is lower than what could be achieved by not including one or more bilateral disabilities in the bilateral factor calculation, those bilateral disabilities will be removed from the bilateral factor calculation and combined separately, to achieve the combined evaluation most favorable to the veteran. Jkt 259001 PO 00000 Frm 00025 Fmt 4700 Sfmt 4700 22917 Mail: Submit written comments to Gretchen Harrington, Assistant Regional Administrator, Sustainable Fisheries Division, Alaska Region NMFS. Mail comments to P.O. Box 21668, Juneau, AK 99802–1668. Instructions: Comments sent by any other method, to any other address or individual, or received after the end of the comment period, may not be considered by NMFS. All comments received are a part of the public record and will generally be posted for public viewing on www.regulations.gov without change. All personal identifying information (e.g., name, address, etc.), confidential business information, or otherwise sensitive information submitted voluntarily by the sender will be publicly accessible. NMFS will accept anonymous comments (enter ‘‘N/A’’ in the required fields if you wish to remain anonymous). FOR FURTHER INFORMATION CONTACT: Krista Milani, 907–581–2062. SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fishery in the BSAI exclusive economic zone 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 (Magnuson-Stevens Act). Regulations governing fishing by U.S. vessels in accordance with the FMP appear at subpart H of 50 CFR parts 600 and 679. The B season apportionment of the 2023 Pacific cod TAC allocated to catcher vessels using trawl gear in the BSAI is 2,949 metric tons (mt) as established by the final 2023 and 2024 harvest specifications for groundfish in the BSAI (88 FR 14926, March 10, 2023). NMFS closed directed fishing for Pacific cod by catcher vessels using trawl gear in the BSAI under § 679.20(d)(1)(iii) on April 2, 2023 (88 FR 20080, April 5, 2023). NMFS has determined that as of April 10, 2023, approximately 2,000 metric tons of Pacific cod remain in the B season apportionment of the 2023 Pacific cod allocated to catcher vessels using trawl gear in the BSAI. Therefore, in accordance with § 679.25(a)(1)(i), (a)(2)(i)(C), and (a)(2)(iii)(D), and to fully use the 2023 total allowable catch (TAC) of Pacific cod in the BSAI, NMFS is terminating the previous closure and is opening directed fishing for Pacific cod by catcher vessels using trawl gear in the BSAI. The Administrator, Alaska Region, NMFS, (Regional Administrator) considered the following factors in E:\FR\FM\14APR1.SGM 14APR1 22918 Federal Register / Vol. 88, No. 72 / Friday, April 14, 2023 / Rules and Regulations reaching this decision: (1) the current catch of Pacific cod by catcher vessels using trawl gear in the BSAI; and (2) the harvest capacity and stated intent on future harvesting patterns of vessels in participating in this fishery. While this closure is effective, the maximum retainable amounts at § 679.20(e) and (f) apply at any time during a trip. Classification ddrumheller on DSK120RN23PROD with RULES1 NMFS issues this action pursuant to section 305(d) of the Magnuson-Stevens Act. This action is required by 50 CFR part 679, which was issued pursuant to section 304(b), and is exempt from review under Executive Order 12866. Pursuant to 5 U.S.C. 553(b)(B), there is good cause to waive prior notice and VerDate Sep<11>2014 16:10 Apr 13, 2023 Jkt 259001 an opportunity for public comment on this action, as notice and comment would be 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 opening of Pacific cod by catcher vessels using trawl gear in the BSAI. NMFS was unable to publish a notice providing time for public comment because the most recent, relevant data only became available as of April 10, 2023. The Assistant Administrator for Fisheries, NOAA 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 PO 00000 Frm 00026 Fmt 4700 Sfmt 9990 waiver of prior notice and opportunity for public comment. Without this inseason adjustment, NMFS could not allow the fishery for Pacific cod by catcher vessels by trawl gear in the BSAI to be harvested in an expedient manner and in accordance with the regulatory schedule. Under § 679.25(c)(2), interested persons are invited to submit written comments on this action to the above address until May 1, 2023. Authority: 16 U.S.C. 1801 et seq. Dated: April 11, 2023. Jennifer M. Wallace, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2023–07920 Filed 4–11–23; 4:15 pm] BILLING CODE 3510–22–P E:\FR\FM\14APR1.SGM 14APR1

Agencies

[Federal Register Volume 88, Number 72 (Friday, April 14, 2023)]
[Rules and Regulations]
[Pages 22917-22918]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-07920]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 230306-0065]
RTID 0648-XC924


Fisheries of the Exclusive Economic Zone Off Alaska; 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; modification of a closure; request for 
comments.

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SUMMARY: NMFS is opening directed fishing for Pacific cod by catcher 
vessels using trawl gear in the Bering Sea and Aleutian Islands 
Management Area (BSAI). This action is necessary to fully use the 2023 
total allowable catch of Pacific cod allocated to catcher vessels using 
trawl gear in the BSAI.

DATES: Effective 1200 hours, Alaska local time (A.l.t.), April 13, 
2023, through 1200 hours, A.l.t., June 10, 2023. Comments must be 
received at the following address no later than 4:30 p.m., A.l.t., May 
1, 2023.

ADDRESSES: You may submit comments on this document, identified by 
docket number NOAA-NMFS-2022-0094, by any of the following methods:
    Electronic Submission: Submit all electronic public comments via 
the Federal e- Rulemaking Portal. Go to https://www.regulations.gov and 
enter NOAA-NMFS-2022-0094 in the Search box. Click on the ``Comment'' 
icon, complete the required fields, and enter or attach your comments.
    Mail: Submit written comments to Gretchen Harrington, Assistant 
Regional Administrator, Sustainable Fisheries Division, Alaska Region 
NMFS. Mail comments to P.O. Box 21668, Juneau, AK 99802-1668.
    Instructions: Comments sent by any other method, to any other 
address or individual, or received after the end of the comment period, 
may not be considered by NMFS. All comments received are a part of the 
public record and will generally be posted for public viewing on 
www.regulations.gov without change. All personal identifying 
information (e.g., name, address, etc.), confidential business 
information, or otherwise sensitive information submitted voluntarily 
by the sender will be publicly accessible. NMFS will accept anonymous 
comments (enter ``N/A'' in the required fields if you wish to remain 
anonymous).

FOR FURTHER INFORMATION CONTACT: Krista Milani, 907-581-2062.

SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fishery in the 
BSAI exclusive economic zone 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 (Magnuson-Stevens Act). Regulations governing fishing by U.S. 
vessels in accordance with the FMP appear at subpart H of 50 CFR parts 
600 and 679.
    The B season apportionment of the 2023 Pacific cod TAC allocated to 
catcher vessels using trawl gear in the BSAI is 2,949 metric tons (mt) 
as established by the final 2023 and 2024 harvest specifications for 
groundfish in the BSAI (88 FR 14926, March 10, 2023). NMFS closed 
directed fishing for Pacific cod by catcher vessels using trawl gear in 
the BSAI under Sec.  679.20(d)(1)(iii) on April 2, 2023 (88 FR 20080, 
April 5, 2023).
    NMFS has determined that as of April 10, 2023, approximately 2,000 
metric tons of Pacific cod remain in the B season apportionment of the 
2023 Pacific cod allocated to catcher vessels using trawl gear in the 
BSAI. Therefore, in accordance with Sec.  679.25(a)(1)(i), 
(a)(2)(i)(C), and (a)(2)(iii)(D), and to fully use the 2023 total 
allowable catch (TAC) of Pacific cod in the BSAI, NMFS is terminating 
the previous closure and is opening directed fishing for Pacific cod by 
catcher vessels using trawl gear in the BSAI. The Administrator, Alaska 
Region, NMFS, (Regional Administrator) considered the following factors 
in

[[Page 22918]]

reaching this decision: (1) the current catch of Pacific cod by catcher 
vessels using trawl gear in the BSAI; and (2) the harvest capacity and 
stated intent on future harvesting patterns of vessels in participating 
in this fishery.
    While this closure is effective, the maximum retainable amounts at 
Sec.  679.20(e) and (f) apply at any time during a trip.

Classification

    NMFS issues this action pursuant to section 305(d) of the Magnuson-
Stevens Act. This action is required by 50 CFR part 679, which was 
issued pursuant to section 304(b), and is exempt from review under 
Executive Order 12866.
    Pursuant to 5 U.S.C. 553(b)(B), there is good cause to waive prior 
notice and an opportunity for public comment on this action, as notice 
and comment would be 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 opening of Pacific cod by 
catcher vessels using trawl gear in the BSAI. NMFS was unable to 
publish a notice providing time for public comment because the most 
recent, relevant data only became available as of April 10, 2023.
    The Assistant Administrator for Fisheries, NOAA 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.
    Without this inseason adjustment, NMFS could not allow the fishery 
for Pacific cod by catcher vessels by trawl gear in the BSAI to be 
harvested in an expedient manner and in accordance with the regulatory 
schedule. Under Sec.  679.25(c)(2), interested persons are invited to 
submit written comments on this action to the above address until May 
1, 2023.

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

    Dated: April 11, 2023.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2023-07920 Filed 4-11-23; 4:15 pm]
BILLING CODE 3510-22-P

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