Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Reef Fish Resources of the Gulf of Mexico; 2023 Recreational Harvest Closure for Gag, 68495-68496 [2023-22054]
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Federal Register / Vol. 88, No. 191 / Wednesday, October 4, 2023 / Rules and Regulations
not less than 60 days for public
comment. In addition, section 553(d) of
the APA and section 1871(e)(1)(B)(i) of
the Act mandate a 30-day delay in
effective date after issuance or
publication of a rule. Sections 553(b)(B)
and 553(d)(3) of the APA provide for
exceptions from the APA notice and
comment, and delay in effective date
requirements; in cases in which these
exceptions apply, sections 1871(b)(2)(C)
and 1871(e)(1)(B)(ii) of the Act provide
exceptions from the notice and 60-day
comment period and delay in effective
date requirements of the Act as well.
Section 553(b)(B) of the APA and
section 1871(b)(2)(C) of the Act
authorize an agency to dispense with
normal notice and comment rulemaking
procedures for good cause if the agency
makes a finding that the notice and
comment process is impracticable,
unnecessary, or contrary to the public
interest, and includes a statement of the
finding and the reasons for it in the rule.
In addition, section 553(d)(3) of the
APA and section 1871(e)(1)(B)(ii) of the
Act allow the agency to avoid the 30day delay in effective date where the
agency finds that such delay is contrary
to the public interest and the agency
includes in the rule a statement of the
finding and the reasons for it.
In our view, this correcting document
does not constitute a rulemaking that
would be subject to these requirements.
This document merely corrects
technical errors in the FY 2024 IRF final
rule. The corrections contained in this
document are consistent with, and do
not make substantive changes to, the
policies and payment methodologies
that were proposed, subject to notice
and comment procedures, and adopted
in the FY 2024 IRF final rule. As a
result, the corrections made through this
correcting document are intended to
resolve inadvertent errors so that the
rule accurately reflects the policies
adopted in the final rule. Even if this
were a rulemaking to which the notice
and comment and delayed effective date
requirements applied, we find that there
is good cause to waive such
requirements. Undertaking further
notice and comment procedures to
incorporate the corrections in this
document into the FY 2024 IRF final
rule or delaying the effective date of the
corrections would be contrary to the
public interest because it is in the
public interest to ensure that the rule
accurately reflects our policies as of the
date they take effect. Further, such
procedures would be unnecessary
because we are not making any
substantive revisions to the final rule,
but rather, we are simply correcting the
VerDate Sep<11>2014
17:03 Oct 03, 2023
Jkt 262001
Federal Register document to reflect the
policies that we previously proposed,
received public comment on, and
subsequently finalized in the final rule.
For these reasons, we believe there is
good cause to waive the requirements
for notice and comment and delay in
effective date.
IV. Correction of Errors in the Preamble
In FR Doc. 2023–16050 of August 2,
2023 (88 FR 50956), make the following
corrections:
1. On page 50978, second column, last
full paragraph, line 28, the percentage
that reads ‘‘97 percent’’ is corrected to
read ‘‘96 percent’’.
2. On page 51017, second column,
first full paragraph:
a. Line 29, the measure name that
reads ‘‘Discharge in Mobility Score’’ is
corrected to read ‘‘Discharge Mobility
Score’’.
b. Line 30, the measure name that
reads ‘‘Discharge in Self-Care Score’’ is
corrected to read ‘‘Discharge Self-Care
Score’’.
3. On page 51020, third column,
second full paragraph:
a. Lines 25 and 26, the measure name
that reads ‘‘Discharge in Mobility Score’’
is corrected to read ‘‘Discharge Mobility
Score’’.
b. Line 26, the measure name that
reads ‘‘Discharge in Self-Care Score’’ is
corrected to read ‘‘Discharge Self-Care
Score’’.
4. On page 51025, second column,
first partial paragraph:
a. Lines 3 and 4, the measure name
that reads ‘‘Discharge in Mobility Score’’
is corrected to read ‘‘Discharge Mobility
Score’’.
b. Line 14, the measure name that
reads ‘‘Discharge in Mobility Score’’ is
corrected to read ‘‘Discharge Mobility
Score’’.
5. On page 51040, third column,
second to last full paragraph, line 9, the
public display date of the Transfer of
Health (TOH) Information to the
Provider and TOH Information to the
Patient measure that reads ‘‘September
2025’’ is corrected to read ‘‘September
2024’’.
6. On page 51048, Table 21 ‘‘titled
‘‘IRF Impact for FY 2024 (Columns 4
through 7 in percentage)’’, row 29,
column 7, the Total Percent change that
reads ‘‘3.9’’ is corrected to read ‘‘4.0’’.
Wilma Robinson,
Deputy Executive Secretary, Department of
Health and Human Services.
[FR Doc. 2023–22051 Filed 9–29–23; 4:15 pm]
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68495
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 622
[Docket No. 230427–0115; RTID 0648–
XD439]
Fisheries of the Caribbean, Gulf of
Mexico, and South Atlantic; Reef Fish
Resources of the Gulf of Mexico; 2023
Recreational Harvest Closure for Gag
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; closure.
AGENCY:
NMFS implements an
accountability measure (AM) for the
recreational harvest of gag in the
exclusive economic zone (EEZ) of the
Gulf of Mexico (Gulf) for the 2023
fishing year. NMFS has projected that
the 2023 recreational annual catch limit
(ACL) for gag will be reached by October
19, 2023. Therefore, NMFS closes the
recreational sector for gag to protect the
gag resource.
DATES: This temporary rule is effective
from 12:01 a.m. local time on October
19, 2023, through December 31, 2023.
FOR FURTHER INFORMATION CONTACT: Dan
Luers, NMFS Southeast Regional Office,
telephone: 727–551–5719, email:
daniel.luers@noaa.gov.
SUPPLEMENTARY INFORMATION: NMFS
manages the Gulf reef fish fishery and
gag under the Fishery Management Plan
for the Reef Fish Resources of the Gulf
of Mexico (FMP). The FMP was
prepared by the Gulf of Mexico Fishery
Management Council (Council) and is
implemented by NMFS under the
authority of the Magnuson-Stevens
Fishery Conservation and Management
Act (Magnuson-Stevens Act) through
regulations at 50 CFR part 622. All
weights described in this temporary rule
are in gutted weight.
On May 3, 2023, NMFS implemented
a final temporary rule for gag in the Gulf
EEZ (88 FR 27701, May 3, 2023). That
2023 temporary rule resulted from a
2021 gag stock assessment and
determination that the stock is
overfished and is undergoing
overfishing, and a subsequent request
from the Council for NMFS to
implement interim measures gag during
the 2023 fishing year. The purpose of
the requested interim measures and the
2023 temporary rule was to reduce
overfishing of gag while long-term
management measures are developed in
Amendment 56 to the FMP. The
SUMMARY:
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68496
Federal Register / Vol. 88, No. 191 / Wednesday, October 4, 2023 / Rules and Regulations
lotter on DSK11XQN23PROD with RULES1
effective period of the 2023 temporary
rule is 180 days and would end after
October 29, 2023. However, NMFS
intends to extend the interim measures
for an additional 186 days.
The interim measures reduced
commercial and recreational catch
limits for gag and revised the opening of
the recreational season from June 1,
2023, to September 1, 2023. Under the
interim measures, gag has a recreational
ACL of 403,759 lb (183,142 kg) and a
recreational annual catch target (ACT) of
362,374 lb (164,370 kg). The 2023
recreational season for gag was
scheduled to be open through November
9, unless NMFS projected that the
recreational ACL will be reached sooner
and closes the recreational sector as
required by the AMs specified in 50
CFR 622.41(r)(2).
NMFS projects that recreational
landings of gag from the Gulf EEZ will
reach the recreational ACL on October
19, 2023. Accordingly, this temporary
rule closes the recreational harvest of
gag in or from the Gulf EEZ from
October 19 through the end of the
fishing year, December 31, 2023.
During the recreational closure, the
bag and possession limits of gag in or
from the Gulf EEZ are zero. The
prohibition on possession of gag also
applies in state waters of the Gulf for
any vessel issued a valid Federal charter
vessel/headboat permit for Gulf reef
fish.
Classification
NMFS issues this action pursuant to
section 305(d) of the Magnuson-Stevens
Act. This action is required by 50 CFR
622.41(r)(2)(i), which was issued
pursuant to section 304(b) of the
Magnuson-Stevens Act, 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 are
unnecessary and contrary to the public
interest. Such procedures are
unnecessary because the regulations
associated with the closure of
recreational harvest of gag at 50 CFR
622.41(r)(2)(i) have already been subject
to notice and public comment, and all
that remains is to notify the public of
the closure. Prior notice and
opportunity for public comment are
contrary to the public interest, because
there is a need to immediately
implement this action to protect the gag
stock. Prior notice and opportunity for
public comment would require time and
could result in a harvest well in excess
of the established ACL. In addition,
many charter vessel and headboat
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17:03 Oct 03, 2023
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businesses reserve trips for clients in
advance and require as much notice as
NMFS is able to provide to adjust their
business plans to account for changes to
the recreational fishing season.
For the reasons just stated, there is
also good cause to waive the 30-day
delay in the effectiveness of this action
under 5 U.S.C. 553(d)(3).
Authority: 16 U.S.C. 1801 et seq.
Dated: September 29, 2023.
Jennifer M. Wallace,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2023–22054 Filed 9–29–23; 4:15 pm]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 622
[Docket No. 121004515–3608–02; RTID
0648–XD408]
Fisheries of the Caribbean, Gulf of
Mexico, and South Atlantic; ReOpening of the Commercial Sector for
Red Snapper in the South Atlantic
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; re-opening.
AGENCY:
NMFS announces the reopening of the commercial sector for red
snapper in the exclusive economic zone
(EEZ) of the South Atlantic through this
temporary rule. The most recent data for
commercial landings of red snapper
indicate the commercial annual catch
limit (ACL) for the 2023 fishing year has
not yet been reached. Therefore, NMFS
re-opens the commercial sector to
harvest red snapper in the South
Atlantic EEZ for 4 days. The purpose of
this temporary rule is to allow for the
red snapper commercial ACL to be
harvested while minimizing the risk of
exceeding the commercial ACL.
DATES: This temporary rule is effective
from 12:01 a.m. eastern time on October
6, 2023, until 12:01 a.m. eastern time
October 10, 2023.
FOR FURTHER INFORMATION CONTACT:
Mary Vara, NMFS Southeast Regional
Office, telephone: 727–824–5305, email:
mary.vara@noaa.gov.
SUPPLEMENTARY INFORMATION: The
snapper-grouper fishery of the South
Atlantic includes red snapper and is
managed under the Fishery
Management Plan for the SnapperGrouper Fishery of the South Atlantic
SUMMARY:
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Region (FMP). The FMP was prepared
by the South Atlantic Fishery
Management Council (Council) and is
implemented by NMFS under the
authority of the Magnuson-Stevens
Fishery Conservation and Management
Act (Magnuson-Stevens Act) by
regulations at 50 CFR part 622. All
weights in this temporary rule are given
in round weight.
The commercial ACL for red snapper
in the South Atlantic is 124,815 lb
(56,615 kg) as specified at 50 CFR
622.193(y)(1).
Under 50 CFR 622.193(y)(1), NMFS is
required to close the commercial sector
for red snapper when the commercial
ACL is reached, or is projected to be
reached, by filing a notification to that
effect with the Office of the Federal
Register. For the 2023 fishing year,
NMFS had already projected that
commercial landings of red snapper
would reach the commercial ACL on
August 18, 2023, and therefore closed
commercial harvest for the rest of the
2023 fishing year on that date (88 FR
55585, August 16, 2023). However, a
recent update of commercial landings
data indicates that the commercial ACL
for red snapper was not reached on
August 18, 2023.
In accordance with 50 CFR 622.8(c),
NMFS temporarily re-opens the
commercial sector for red snapper on
October 6, 2023. The commercial sector
will be open for 4 days or through
October 9, 2023, to allow for the
commercial ACL to be reached. The
commercial sector will close again on
October 10, 2023, and remain closed
through December 31, 2023. For the
2024 fishing year, unless otherwise
specified, the commercial season will
begin on the second Monday in July (50
CFR 622.183(b)(5)(i)). NMFS has
determined that this re-opening will
allow for an additional opportunity to
commercially harvest red snapper while
reducing the risk of exceeding the
commercial ACL.
The operator of a vessel with a valid
Federal commercial vessel permit for
South Atlantic snapper-grouper having
red snapper on board must have landed
and bartered, traded, or sold such red
snapper prior to 12:01 a.m., eastern
time, on October 10, 2023. During the
subsequent commercial closure from
October 10, 2023, through December 31,
2023, all sale or purchase of red snapper
is prohibited. Because the recreational
sector closed on July 16, 2023 (88 FR
33838, May 25, 2023), after the
commercial closure that is effective on
October 10, 2023, all harvest and
possession of red snapper in or from the
South Atlantic EEZ is prohibited for the
remainder of the 2023 fishing year.
E:\FR\FM\04OCR1.SGM
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]]>Agencies
[Federal Register Volume 88, Number 191 (Wednesday, October 4, 2023)]
[Rules and Regulations]
[Pages 68495-68496]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-22054]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 230427-0115; RTID 0648-XD439]
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
Reef Fish Resources of the Gulf of Mexico; 2023 Recreational Harvest
Closure for Gag
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary rule; closure.
-----------------------------------------------------------------------
SUMMARY: NMFS implements an accountability measure (AM) for the
recreational harvest of gag in the exclusive economic zone (EEZ) of the
Gulf of Mexico (Gulf) for the 2023 fishing year. NMFS has projected
that the 2023 recreational annual catch limit (ACL) for gag will be
reached by October 19, 2023. Therefore, NMFS closes the recreational
sector for gag to protect the gag resource.
DATES: This temporary rule is effective from 12:01 a.m. local time on
October 19, 2023, through December 31, 2023.
FOR FURTHER INFORMATION CONTACT: Dan Luers, NMFS Southeast Regional
Office, telephone: 727-551-5719, email: [email protected].
SUPPLEMENTARY INFORMATION: NMFS manages the Gulf reef fish fishery and
gag under the Fishery Management Plan for the Reef Fish Resources of
the Gulf of Mexico (FMP). The FMP was prepared by the Gulf of Mexico
Fishery Management Council (Council) and is implemented by NMFS under
the authority of the Magnuson-Stevens Fishery Conservation and
Management Act (Magnuson-Stevens Act) through regulations at 50 CFR
part 622. All weights described in this temporary rule are in gutted
weight.
On May 3, 2023, NMFS implemented a final temporary rule for gag in
the Gulf EEZ (88 FR 27701, May 3, 2023). That 2023 temporary rule
resulted from a 2021 gag stock assessment and determination that the
stock is overfished and is undergoing overfishing, and a subsequent
request from the Council for NMFS to implement interim measures gag
during the 2023 fishing year. The purpose of the requested interim
measures and the 2023 temporary rule was to reduce overfishing of gag
while long-term management measures are developed in Amendment 56 to
the FMP. The
[[Page 68496]]
effective period of the 2023 temporary rule is 180 days and would end
after October 29, 2023. However, NMFS intends to extend the interim
measures for an additional 186 days.
The interim measures reduced commercial and recreational catch
limits for gag and revised the opening of the recreational season from
June 1, 2023, to September 1, 2023. Under the interim measures, gag has
a recreational ACL of 403,759 lb (183,142 kg) and a recreational annual
catch target (ACT) of 362,374 lb (164,370 kg). The 2023 recreational
season for gag was scheduled to be open through November 9, unless NMFS
projected that the recreational ACL will be reached sooner and closes
the recreational sector as required by the AMs specified in 50 CFR
622.41(r)(2).
NMFS projects that recreational landings of gag from the Gulf EEZ
will reach the recreational ACL on October 19, 2023. Accordingly, this
temporary rule closes the recreational harvest of gag in or from the
Gulf EEZ from October 19 through the end of the fishing year, December
31, 2023.
During the recreational closure, the bag and possession limits of
gag in or from the Gulf EEZ are zero. The prohibition on possession of
gag also applies in state waters of the Gulf for any vessel issued a
valid Federal charter vessel/headboat permit for Gulf reef fish.
Classification
NMFS issues this action pursuant to section 305(d) of the Magnuson-
Stevens Act. This action is required by 50 CFR 622.41(r)(2)(i), which
was issued pursuant to section 304(b) of the Magnuson-Stevens Act, 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 are unnecessary and contrary to the public interest. Such
procedures are unnecessary because the regulations associated with the
closure of recreational harvest of gag at 50 CFR 622.41(r)(2)(i) have
already been subject to notice and public comment, and all that remains
is to notify the public of the closure. Prior notice and opportunity
for public comment are contrary to the public interest, because there
is a need to immediately implement this action to protect the gag
stock. Prior notice and opportunity for public comment would require
time and could result in a harvest well in excess of the established
ACL. In addition, many charter vessel and headboat businesses reserve
trips for clients in advance and require as much notice as NMFS is able
to provide to adjust their business plans to account for changes to the
recreational fishing season.
For the reasons just stated, there is also good cause to waive the
30-day delay in the effectiveness of this action under 5 U.S.C.
553(d)(3).
Authority: 16 U.S.C. 1801 et seq.
Dated: September 29, 2023.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2023-22054 Filed 9-29-23; 4:15 pm]
BILLING CODE 3510-22-P
