Fisheries of the Exclusive Economic Zone Off Alaska; Reallocation of Pacific Cod in the Western Regulatory Area of the Gulf of Alaska, 76141-76142 [2023-24461]
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Federal Register / Vol. 88, No. 213 / Monday, November 6, 2023 / Rules and Regulations
ddrumheller on DSK120RN23PROD with RULES1
IV. Statutory and Executive Order
Reviews
Under the Clean Air Act, the
Administrator is required to approve a
SIP submission that complies with the
provisions of the Act and applicable
federal regulations. 42 U.S.C. 7410(k);
40 CFR 52.02(a). Thus, in reviewing SIP
submissions, the EPA’s role is to
approve state choices, provided that
they meet the criteria of the Clean Air
Act. Accordingly, this action merely
approves state law as meeting Federal
requirements and does not impose
additional requirements beyond those
imposed by state law. For that reason,
this action:
• Is not a ‘‘significant regulatory
action’’ subject to review by the Office
of Management and Budget under
Executive Orders 12866 (58 FR 51735,
October 4, 1993) and 14094 (88 FR
21879, April 11, 2023);
• Does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• Does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
• Does not have federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• Is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001); and
• Is not subject to requirements of
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the Clean Air Act.
In addition, the SIP is not approved
to apply on any Indian reservation land
or in any other area where the EPA or
an Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of
Indian country, this rulemaking does
not have tribal implications and will not
impose substantial direct costs on tribal
governments or preempt tribal law as
specified by Executive Order 13175 (65
FR 67249, November 9, 2000).
Executive Order 12898 (Federal
Actions to Address Environmental
Justice in Minority Populations and
VerDate Sep<11>2014
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76141
Low-Income Populations, 59 FR 7629,
Feb. 16, 1994) directs Federal agencies
to identify and address
‘‘disproportionately high and adverse
human health or environmental effects’’
of their actions on minority populations
and low-income populations to the
greatest extent practicable and
permitted by law. The EPA defines
environmental justice (EJ) as ‘‘the fair
treatment and meaningful involvement
of all people regardless of race, color,
national origin, or income with respect
to the development, implementation,
and enforcement of environmental laws,
regulations, and policies.’’ The EPA
further defines the term fair treatment to
mean that ‘‘no group of people should
bear a disproportionate burden of
environmental harms and risks,
including those resulting from the
negative environmental consequences of
industrial, governmental, and
commercial operations or programs and
policies.’’
The State did not evaluate
environmental justice considerations as
part of its SIP submittal; the CAA and
applicable implementing regulations
neither prohibit nor require such an
evaluation. The EPA did not perform an
EJ analysis and did not consider EJ in
this action. This final action is expected
to have a neutral to positive impact on
the air quality of the affected area.
Consideration of EJ is not required as
part of this action, and there is no
information in the record inconsistent
with the stated goal of Executive Order
12898 of achieving environmental
justice for people of color, low-income
populations, and Indigenous peoples.
Subpart F—California
List of Subjects in 40 CFR Part 52
Fisheries of the Exclusive Economic
Zone Off Alaska; Reallocation of
Pacific Cod in the Western Regulatory
Area of the Gulf of Alaska
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Ozone, Reporting and recordkeeping
requirements.
Authority: 42 U.S.C. 7401 et seq.
Dated: October 25, 2023.
Martha Guzman Aceves,
Regional Administrator, Region IX.
For the reasons stated in the
preamble, the EPA amends part 52,
chapter I, title 40 of the Code of Federal
Regulations as follows:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401, et seq.
PO 00000
Frm 00045
Fmt 4700
Sfmt 4700
2. Section 52.220 is amended by
adding paragraphs (c)(589)(ii)(A)(2) and
(c)(605) to read as follows:
■
§ 52.220
Identification of plan—in part.
*
*
*
*
*
(c) * * *
(589) * * *
(ii) * * *
(A) * * *
(2) California Air Resources Board ‘‘70
ppb Ozone SIP Submittal,’’ section III,
‘‘VMT Offset Demonstration,’’ adopted
on June 25, 2020.
*
*
*
*
*
(605) The following materials were
submitted electronically on December
29, 2020, by the Governor’s designee as
an attachment to a letter dated
December 28, 2020.
(i) [Reserved]
(ii) Additional materials.
(A) California Air Resources Board.
(1) ‘‘West Mojave Desert VehicleMiles Traveled Offset Demonstration,’’
adopted on October 22, 2020.
(2) [Reserved]
(B) [Reserved]
[FR Doc. 2023–24001 Filed 11–3–23; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 679
[Docket No. 230224–0053; RTID 0648–
XD509]
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; reallocation.
AGENCY:
NMFS is reallocating the
projected unused amount of Pacific cod
from catcher vessels using trawl gear
and vessels using pot gear to catcher
vessels using hook-and-line gear and
catcher/processors using hook-and-line
gear in the Western Regulatory Area of
the Gulf of Alaska (GOA). This action is
necessary to allow the 2023 total
allowable catch (TAC) of Pacific cod to
be harvested.
DATES: Effective November 1, 2023,
through 2400 hours, Alaska local time
(A.l.t.), December 31, 2023.
SUMMARY:
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76142
Federal Register / Vol. 88, No. 213 / Monday, November 6, 2023 / Rules and Regulations
FOR FURTHER INFORMATION CONTACT:
ddrumheller on DSK120RN23PROD with RULES1
Adam Zaleski, 907–586–7228.
SUPPLEMENTARY INFORMATION: NMFS
manages the groundfish fishery in the
GOA according to the Fishery
Management Plan for Groundfish of the
Gulf of Alaska (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 2023 Pacific cod TAC specified
for catcher vessels using trawl gear in
the Western Regulatory Area of the GOA
is 1,956 metric tons (mt), as established
by the final 2023 and 2024 harvest
specifications for groundfish in the GOA
(88 FR 13238, March 2, 2023).
The 2023 Pacific cod TAC specified
for vessels using pot gear in the Western
Regulatory Area of the GOA is 1,936 mt,
as established by the final 2023 and
2024 harvest specifications for
groundfish in the GOA (88 FR 13238,
March 2, 2023).
The 2023 Pacific cod TAC specified
for catcher vessels using hook-and-line
gear in the Western Regulatory Area of
the GOA is 71 mt, as established by the
final 2023 and 2024 harvest
specifications for groundfish in the GOA
(88 FR 13238, March 2, 2023).
The 2023 Pacific cod TAC specified
for catcher/processors using hook-andline gear in the Western Regulatory Area
VerDate Sep<11>2014
16:25 Nov 03, 2023
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of the GOA is 1,009 mt, as established
by the final 2023 and 2024 harvest
specifications for groundfish in the GOA
(88 FR 13238, March 2, 2023).
The Administrator, Alaska Region,
NMFS, (Regional Administrator) has
determined that catcher vessels using
trawl gear will not be able to harvest 430
mt of the 2023 Pacific cod TAC
allocated to those vessels under
§ 679.20(a)(12)(i)(A)(3), and vessels
using pot gear will not be able to harvest
220 mt of the 2023 Pacific cod TAC
allocated to those vessels under
§ 679.20(a)(12)(i)(A)(5).
Therefore, in accordance with
§ 679.20(a)(12)(ii)(B), NMFS apportions
430 mt of Pacific cod from catcher
vessels using trawl gear to the annual
amount specified for catcher/processors
using hook-and-line gear, and 220 mt of
Pacific cod from vessels using pot gear
to the annual amount specified for
catcher vessels using hook-and-line
gear.
The harvest specifications for 2023
Pacific cod included in the final 2023
and 2024 harvest specifications for
groundfish in the Western Regulatory
Area of the GOA (88 FR 13238, March
2, 2023) is revised as follows: 1,526 mt
to catcher vessels using trawl gear, 1,716
mt to vessels using pot gear, 291 mt to
catcher vessels using hook-and-line
gear, and 1,439 mt to catcher/processors
using hook-and-line gear.
Classification
NMFS issues this action pursuant to
section 305(d) of the Magnuson-Stevens
PO 00000
Frm 00046
Fmt 4700
Sfmt 9990
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. This requirement is
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
allow for harvests that exceed the
originally specified apportionment of
the Pacific cod TAC. NMFS was unable
to publish a notice providing time for
public comment because the most
recent, relevant data only became
available as of October 31, 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.
Authority: 16 U.S.C. 1801 et seq.
Dated: November 1, 2023.
Jennifer M. Wallace,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2023–24461 Filed 11–1–23; 4:15 pm]
BILLING CODE 3510–22–P
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]]>Agencies
[Federal Register Volume 88, Number 213 (Monday, November 6, 2023)]
[Rules and Regulations]
[Pages 76141-76142]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-24461]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[Docket No. 230224-0053; RTID 0648-XD509]
Fisheries of the Exclusive Economic Zone Off Alaska; Reallocation
of Pacific Cod in the Western Regulatory Area of the Gulf of Alaska
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary rule; reallocation.
-----------------------------------------------------------------------
SUMMARY: NMFS is reallocating the projected unused amount of Pacific
cod from catcher vessels using trawl gear and vessels using pot gear to
catcher vessels using hook-and-line gear and catcher/processors using
hook-and-line gear in the Western Regulatory Area of the Gulf of Alaska
(GOA). This action is necessary to allow the 2023 total allowable catch
(TAC) of Pacific cod to be harvested.
DATES: Effective November 1, 2023, through 2400 hours, Alaska local
time (A.l.t.), December 31, 2023.
[[Page 76142]]
FOR FURTHER INFORMATION CONTACT: Adam Zaleski, 907-586-7228.
SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fishery in the
GOA according to the Fishery Management Plan for Groundfish of the Gulf
of Alaska (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 2023 Pacific cod TAC specified for catcher vessels using trawl
gear in the Western Regulatory Area of the GOA is 1,956 metric tons
(mt), as established by the final 2023 and 2024 harvest specifications
for groundfish in the GOA (88 FR 13238, March 2, 2023).
The 2023 Pacific cod TAC specified for vessels using pot gear in
the Western Regulatory Area of the GOA is 1,936 mt, as established by
the final 2023 and 2024 harvest specifications for groundfish in the
GOA (88 FR 13238, March 2, 2023).
The 2023 Pacific cod TAC specified for catcher vessels using hook-
and-line gear in the Western Regulatory Area of the GOA is 71 mt, as
established by the final 2023 and 2024 harvest specifications for
groundfish in the GOA (88 FR 13238, March 2, 2023).
The 2023 Pacific cod TAC specified for catcher/processors using
hook-and-line gear in the Western Regulatory Area of the GOA is 1,009
mt, as established by the final 2023 and 2024 harvest specifications
for groundfish in the GOA (88 FR 13238, March 2, 2023).
The Administrator, Alaska Region, NMFS, (Regional Administrator)
has determined that catcher vessels using trawl gear will not be able
to harvest 430 mt of the 2023 Pacific cod TAC allocated to those
vessels under Sec. 679.20(a)(12)(i)(A)(3), and vessels using pot gear
will not be able to harvest 220 mt of the 2023 Pacific cod TAC
allocated to those vessels under Sec. 679.20(a)(12)(i)(A)(5).
Therefore, in accordance with Sec. 679.20(a)(12)(ii)(B), NMFS
apportions 430 mt of Pacific cod from catcher vessels using trawl gear
to the annual amount specified for catcher/processors using hook-and-
line gear, and 220 mt of Pacific cod from vessels using pot gear to the
annual amount specified for catcher vessels using hook-and-line gear.
The harvest specifications for 2023 Pacific cod included in the
final 2023 and 2024 harvest specifications for groundfish in the
Western Regulatory Area of the GOA (88 FR 13238, March 2, 2023) is
revised as follows: 1,526 mt to catcher vessels using trawl gear, 1,716
mt to vessels using pot gear, 291 mt to catcher vessels using hook-and-
line gear, and 1,439 mt to catcher/processors using hook-and-line gear.
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.
This requirement is 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 allow for harvests that exceed the
originally specified apportionment of the Pacific cod TAC. NMFS was
unable to publish a notice providing time for public comment because
the most recent, relevant data only became available as of October 31,
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.
Authority: 16 U.S.C. 1801 et seq.
Dated: November 1, 2023.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2023-24461 Filed 11-1-23; 4:15 pm]
BILLING CODE 3510-22-P
