66116 Federal Register / Vol. 87, No. 211 / Wednesday, November 2, 2022 / Proposed Rules 
who shared their views and experiences 
and I whole-heartedly support the FTC’s publication of the advance notice of proposed rulemaking asking specific questions about whether and how to modernize the Funeral Rule to better protect consumers trying to make a huge purchase under the worst circumstances. I encourage all consumers and other stakeholders to weigh in on the questions posed by the ANPR. 
[FR Doc. 2022–23832 Filed 11–1–22; 8:45 am] 
BILLING CODE 6750–01–P 
DEPARTMENT OF HEALTH AND HUMAN SERVICES 
Food and Drug Administration 
21 CFR Part 80 
[Docket No. FDA–2022–N–1635] 
RIN 0910–AI69 
Color Additive Certification; Increase 
in Fees for Certification Services 
AGENCY : Food and Drug Administration, 
HHS. 
ACTION : Proposed rule. 
SUMMARY : The Food and Drug 
Administration (FDA or we) is proposing to amend the color additive regulation to increase the fee for certification services. The change in fees will allow FDA to continue to maintain an adequate color certification program as required by the Federal Food, Drug, and Cosmetic Act (FD&C Act). The fees are intended to recover the full costs of operation of FDA’s color certification program. 
DATES : Either electronic or written 
comments on the proposed rule must be submitted by January 3, 2023. 
ADDRESSES : You may submit comments 
as follows. Please note that late, untimely filed comments will not be considered. The https://www.regulations.gov electronic filing 
system will accept comments until 11:59 p.m. Eastern Time at the end of January 3, 2023. Comments received by mail/hand delivery/courier (for written/ paper submissions) will be considered timely if they are received on or before that date. 
Electronic Submissions 
Submit electronic comments in the 
following way: 
•Federal eRulemaking Portal: 
https://www.regulations.gov . Follow the 
instructions for submitting comments. 
Comments submitted electronically, including attachments, to https://
www.regulations.gov will be posted to 
the docket unchanged. Because your comment will be made public, you are solely responsible for ensuring that your comment does not include any confidential information that you or a third party may not wish to be posted, such as medical information, your or anyone else’s Social Security number, or confidential business information, such as a manufacturing process. Please note that if you include your name, contact information, or other information that identifies you in the body of your comments, that information will be posted on https://www.regulations.gov . 
•If you want to submit a comment 
with confidential information that you do not wish to be made available to the public, submit the comment as a written/paper submission and in the 
manner detailed (see ‘‘Written/Paper Submissions’’ and ‘‘Instructions’’). 
Written/Paper Submissions 
Submit written/paper submissions as 
follows: 
•Mail/Hand Delivery/Courier (for 
written/paper submissions): Dockets 
Management Staff (HFA–305), Food and Drug Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852. 
•For written/paper comments 
submitted to the Dockets Management Staff, FDA will post your comment, as well as any attachments, except for information submitted, marked and identified, as confidential, if submitted as detailed in ‘‘Instructions.’’ 
Instructions: All submissions received 
must include the Docket No. FDA– 2022–N–1635 for ‘‘Color Additive Certification; Increase in Fees for Certification Services.’’ Received comments, those filed in a timely manner (see 
ADDRESSES ), will be placed 
in the docket and, except for those submitted as ‘‘Confidential Submissions,’’ publicly viewable at https://www.regulations.gov or at the 
Dockets Management Staff between 9 a.m. and 4 p.m., Monday through Friday, 240–402–7500. 
•Confidential Submissions—To 
submit a comment with confidential information that you do not wish to be made publicly available, submit your comments only as a written/paper submission. You should submit two copies total. One copy will include the information you claim to be confidential with a heading or cover note that states ‘‘THIS DOCUMENT CONTAINS CONFIDENTIAL INFORMATION.’’ We will review this copy, including the claimed confidential information, in our consideration of comments. The second copy, which will have the claimed confidential information redacted/ blacked out, will be available for public viewing and posted on https://www.regulations.gov. Submit both copies to the Dockets Management Staff. If you do not wish your name and contact information to be made publicly available, you can provide this information on the cover sheet and not in the body of your comments and you must identify this information as ‘‘confidential.’’ Any information marked as ‘‘confidential’’ will not be disclosed except in accordance with 21 CFR 10.20 and other applicable disclosure law. For more information about FDA’s posting of comments to public dockets, see 80 FR 56469, September 18, 2015, or access the information at: https://www.govinfo.gov/content/pkg/FR-2015- 09-18/pdf/2015-23389.pdf. 
Docket: For access to the docket to 
read background documents or the electronic and written/paper comments received, go to https://www.regulations.gov and insert the 
docket number, found in brackets in the heading of this document, into the ‘‘Search’’ box and follow the prompts and/or go to the Dockets Management Staff, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852, 240–402–7500. 
FOR FURTHER INFORMATION CONTACT : 
Bryan Bowes, Office of Cosmetics and Colors (HFS–105), Center for Food Safety and Applied Nutrition, Food and Drug Administration, 5001 Campus Dr., College Park, MD 20740, 240–402–1122; or Carrol Bascus, Center for Food Safety and Applied Nutrition, Office of Regulations and Policy (HFS–024), Food and Drug Administration, 5001 Campus Dr., College Park, MD 20740, 240–402– 2378. 
SUPPLEMENTARY INFORMATION : 
Table of Contents 
I. Executive Summary 
A. Purpose of the Proposed Rule 
B. Summary of the Major Provisions of the 
Proposed Rule 
C. Legal Authority 
D. Costs and Benefits 
II. Background 
A. Introduction B. Need for the Regulation 
III. Description of the Proposed Rule IV. Proposed Effective Date V. Preliminary Economic Analysis of Impacts 
A. Introduction B. Summary of Costs and Benefits C. Summary of Regulatory Flexibility 
Analysis 
VI. Analysis of Environmental Impact VII. Paperwork Reduction Act of 1995 VIII. Federalism IX. Consultation and Coordination With 
Indian Tribal Governments 
X. Reference 
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1We had originally specified ‘‘$0.05’’ for each 
pound over 100 pounds up to 1,000 pounds. 
Subsequently, in the Federal Register of December 7, 2006 (71 FR 70873), we amended the IFR to correct this typographical error. I. Executive Summary 
A. Purpose of the Proposed Rule 
The proposed rule, if finalized, would 
amend the color additive regulation to 
increase the fee for certification services. The change in fees would allow FDA to continue to maintain an adequate color certification program as required by the FD&C Act. The fees are intended to recover the full costs of operation of FDA’s color certification program. 
B. Summary of the Major Provisions of 
the Proposed Rule 
This proposed rule, if finalized, 
would amend the color additive regulation to increase the fees for certification services. The fees for straight colors including lakes would be $0.45 per pound ($0.10 per pound increase) with a minimum fee of $288. There would be similar increases in fees for repacks of certified color additives and color additive mixtures. 
C. Legal Authority 
We are issuing this proposed rule 
consistent with our statutory which 
requires that fees necessary to provide, maintain, and equip an adequate color additive certification program be specified in our regulations. FDA also derives authority to issue this proposed rule from the FD&C Act, which authorizes FDA to issue regulations for the efficient enforcement of the FD&C Act. 
D. Costs and Benefits 
The proposed rule, if finalized, would 
amend existing color additive 
regulations by increasing fees for certification services. The costs of this proposed rule include the cost to read and understand the rule. As the increase in fees is not associated with any change in our certification program, no economic benefits are expected to result from the proposed rule. Similarly, the impact of the increase in certification fees on color additive manufacturers is considered a transfer, rather than an economic cost. Accordingly, we do not estimate economic benefits associated with this proposed rule, and the impact of the increase in color certification fees is estimated as an ongoing transfer from manufacturers of color additives to the Federal Government. The economic burdens of this proposed rule, if finalized, would accrue to color additive manufacturers. We estimate a one-time cost to read and understand the rule for all color additive manufacturers. The present value of this cost is approximately $1,407 at a 3 percent rate of discount, and $1,354 at a 7 percent rate of discount. The annualized value of these costs estimates is approximately $165 at a 3 percent discount rate and $193 at a 7 percent discount rate. 
II. Background 
A. Introduction 
Certification of color additives by a 
self-supporting process has been 
required since the enactment of the FD&C Act. In accordance with section 721(a)(1)(B) of the FD&C Act, certain color additives must be certified for use by FDA in food, drugs, cosmetics, and medical devices. FDA analyzes samples from each batch of color additive received from a manufacturer and verifies that it meets composition and purity specifications. Certification is performed before the additives are permitted to be used in products. Manufacturers pay fees, based on the weight of each batch for certification. These fees support FDA’s color certification program. 
In the Federal Register of March 29, 
2005 (70 FR 15755), we issued an interim final rule (IFR) amending the color additive regulations by increasing the fees for certification services due to a general increase in the cost associated with operating the certification program. The IFR increased the fees per pound. The fee for straight colors including lakes increased from $0.30 to $0.35 per pound (a $0.05 per pound increase) with a minimum fee increase from $192 to $224. The fee for repacks of certified color additives and color additive mixtures increased from $30 to $35 for 100 pounds or less, from $30 to $35 plus $0.06
1for each pound over 100 pounds 
up to 1,000 pounds, and from $84 to $89 plus $0.02 per pound over 1,000 pounds. 
B. Need for the Regulation 
The current fee schedule specified in 
part 80 (21 CFR part 80) became 
effective in 2005 and was amended in 2006. Since 2005, the costs of the certification program have significantly increased because of general operating expenses, including the purchase and maintenance of critical equipment, rent and facility charges, and escalating staff payroll. Therefore, we propose to increase the fees for certifying color additives to reflect increasing operating costs for the certification program. The fee schedule for color additive certification, as provided for in our regulations, is designed to cover all the costs involved in certifying batches of color additives. This includes the cost of specific tests required by the regulations and the general costs associated with the certification program, such as costs of accounting, reviewing data, issuing certificates, conducting research, inspecting establishments, and purchasing and maintaining equipment. The current fee schedule is insufficient to provide, equip, and maintain an adequate certification program. Consistent with section 721(e) of the FD&C Act, the proposed increase is necessary to cover increasing operating costs and maintain an adequate color certification program. 
III. Description of the Proposed Rule 
The proposed rule, if finalized, would 
revise § 80.10 (21 CFR 80.10), ‘‘Fees for 
certification services,’’ to: 
•increase the fee for certification 
services from $0.35 to $0.45 per pound for straight colors including lakes, and change the minimum fee from $224 to $288 (proposed § 80.10(a)); 
•increase the fees for repacks of 
certified color additives and color additive mixtures from $35 for 100 pounds or less to $45 (proposed § 80.10(b)(1)); 
•increase the fees for repacks of 
certified color additives and color additive mixtures over 100 pounds, but not over 1,000 pounds, from $35 plus $0.06 for each pound over 100 pounds to $45 plus $0.08 for each pound over 100 pounds (proposed § 80.10(b)(2)); and 
•increase the fees for repacks of 
certified color additives and color additive mixtures over 1,000 pounds from $89 plus $0.02 for each pound over 1,000 pounds to $114 plus $0.03 for each pound over 1,000 pounds (proposed § 80.10(b)(3)). 
Increasing the fees will ensure the 
viability of the certification program and offset the increased costs of maintaining this program. 
IV. Proposed Effective Date 
We propose that any final rule 
resulting from this rulemaking be 
effective 30 days after the final rule’s date of publication in the Federal Register. We believe that this effective date is appropriate because it will provide industry sufficient time to prepare for and adjust to the change in fees. 
V. Preliminary Economic Analysis of 
Impacts 
A. Introduction 
We have examined the impacts of the 
proposed rule under Executive Order 
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12866, Executive Order 13563, the 
Regulatory Flexibility Act (5 U.S.C. 601–612), and the Unfunded Mandates Reform Act of 1995 (Pub. L. 104–4). Executive Orders 12866 and 13563 direct us to assess all costs and benefits of available regulatory alternatives and, when regulation is necessary, to select regulatory approaches that maximize net benefits (including potential economic, environmental, public health and safety, and other advantages; distributive impacts; and equity). We believe that this proposed rule is not a significant regulatory action as defined by Executive Order 12866. 
The Regulatory Flexibility Act 
requires us to analyze regulatory options that would minimize any significant impact of a rule on small entities. Because the increase in fees for color certification services would not significantly increase costs to manufacturers, we propose to certify that the proposed rule will not have a significant economic impact on a substantial number of small entities. 
The Unfunded Mandates Reform Act 
of 1995 (section 202(a)) requires us to prepare a written statement, which includes an assessment of anticipated costs and benefits, before proposing ‘‘any rule that includes any Federal mandate that may result in the expenditure by State, local, and tribal governments, in the aggregate, or by the private sector, of $100,000,000 or more (adjusted annually for inflation) in any one year.’’ The current threshold after 
adjustment for inflation is $165 million, using the most current (2021) Implicit Price Deflator for the Gross Domestic Product. This proposed rule would not result in an expenditure in any year that meets or exceeds this amount. 
B. Summary of Costs and Benefits 
This proposed rule, if finalized, 
would amend existing color additive 
regulations by increasing fees for certification services. The fee schedule for color additive certification, as provided for in this proposed regulation, is designed to cover all the costs of operation of FDA’s color certification program. This includes both the cost of specific tests required by the regulations and the general costs associated with the certification program, such as the costs of accounting, reviewing data, issuing certificates, conducting research, inspecting establishments, and purchasing and maintaining equipment. The fee for certification services of straight colors including lakes would increase from $0.35 per pound to $0.45 per pound, with the minimum fee increasing from $224 to $288. The fees for repacks of certified color additives and color additive mixtures would increase from $35 for 100 pounds or less to $45. The fee for repacks of certified color additives and color additive mixtures over 100 pounds, but not over 1,000 pounds would increase from $35 plus $0.06 for each pound over 100 pounds to $45 plus $0.08 for each pound over 100 pounds. The fee for repacks of certified color additives and color additive mixtures over 1,000 pounds would increase from $89 plus $0.02 for each pound over 1,000 pounds to $114 plus $0.03 for each pound over 1,000 pounds. 
The economic burdens of this 
proposed rule, if finalized, would accrue to color additive manufacturers. We estimate a one-time cost to read and understand the rule for all color additive manufacturers. The present value of this cost is approximately $1,407 at a 3 percent rate of discount, and $1,354 at a 7 percent rate of discount. The annualized value of these costs estimates is approximately $165 at a 3 percent discount rate and $193 at a 7 percent discount rate. Because the value of these impacts is small relative to manufacturer revenues, we assume that the supply of color additives would not be affected by this proposed rule. Consequently, we estimate no other impacts associated with this proposed rule. 
As noted in the preamble, the fees are 
intended to recover the full costs of operation of FDA’s color certification program. Since 2005, the costs of the certification program significantly increased as a result of escalating staff payroll, rent and facility charges, as well as general operational expenses, including purchasing and maintaining equipment. As the increase in fees is not associated with any change in our certification program, no economic benefits are expected to result from the proposed rule, if finalized. Similarly, the impact of the increase in certification fees on color additive manufacturers is considered a transfer, rather than an economic cost. Accordingly, we do not estimate economic benefits associated with this proposed rule, and the impact of the increase in color certification fees is estimated as an ongoing transfer from manufacturers of color additives to the Federal Government. Our estimates are summarized in table 1. 
TABLE 1—S UMMARY OF BENEFITS , COSTS , ANDDISTRIBUTIONAL EFFECTS OF PROPOSED RULE 
[Millions of 2020 dollars over 10-year time horizon] 
Category Primary 
estimate Low 
estimate High 
estimate Units 
Notes Year 
dollars Discount 
rate 
(%) Period 
covered 
(yearrs) 
Benefits: 
Annualized Monetized $/year .......................................... .................. .................. .................. .................. 7 
3 ..................
Annualized Quantified ...................................................... .................. .................. .................. .................. 7 
3 ..................
Qualitative: ....................................................................... .................. .................. .................. .................. .................. ..................
Costs: 
Annualized Monetized $/year .......................................... $0.00019 
0.00016 .................. .................. 2020 
2020 7 
3 10 
10 
Annualized Quantified ...................................................... .................. .................. .................. .................. 7 
3 ..................
Qualitative ........................................................................ .................. .................. .................. .................. .................. ..................
Transfers: 
Federal Annualized Monetized $/year ............................. $2.46 
2.46 .................. .................. 2020 
2020 7 
3 10 
10 
From/To ............................................................................ From: Manufacturers of color additives To: Federal Government 
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TABLE 1—S UMMARY OF BENEFITS , COSTS , ANDDISTRIBUTIONAL EFFECTS OF PROPOSED RULE—Continued 
[Millions of 2020 dollars over 10-year time horizon] 
Category Primary 
estimate Low 
estimate High 
estimate Units 
Notes Year 
dollars Discount 
rate 
(%) Period 
covered 
(yearrs) 
Other Annualized Monetized $/year ................................ .................. .................. .................. .................. 7 
3 ..................
From/To ............................................................................ From: To: 
Effects: 
State, Local, or Tribal Government: No effect..
Small Business: The proposed rule, if finalized, would generate costs to small businesses, as well as transfers from small businesses to FDA that we treat as 
costs from the perspective of the small business. On average, these costs amount to approximately 0.2732% of annual average revenues of the small firms in 
the affected industry. 
Wages: No effect. Growth: No effect. 
C. Summary of Regulatory Flexibility 
Analysis 
We have examined the economic 
implications of this proposed rule for small entities as required by the Regulatory Flexibility Act. If a proposed rule would have a significant economic impact on a substantial number of small entities, the Regulatory Flexibility Act requires Agencies to analyze regulatory options that would lessen the economic effect of the proposed rule on small entities. Consequently, this analysis, together with other relevant sections of this document and the preamble of the proposed rule, serves as the Initial Regulatory Flexibility Analysis, as required under the Regulatory Flexibility Act. 
We have developed a comprehensive 
Preliminary Economic Analysis of Impacts that assesses the impacts of the proposed rule. The full preliminary analysis of economic impacts is available in the docket for this proposed 
rule (Ref. 1) and at https://www.fda.gov/ about-fda/reports/economic-impact- analyses-fda-regulations. 
VI. Analysis of Environmental Impact 
We have carefully considered the 
potential environmental effects of this 
action. We have concluded, under 21 CFR 25.30(h), that this action is of a type that does not individually or cumulatively have a significant effect on the human environment. Therefore, neither an environmental assessment nor an environmental impact statement is required. 
VII. Paperwork Reduction Act of 1995 
FDA tentatively concludes that this 
proposed rule contains no collection of 
information. Therefore, clearance by the Office of Management and Budget under the Paperwork Reduction Act of 1995 is not required. VIII. Federalism 
We have analyzed this proposed rule 
in accordance with the principles set forth in Executive Order 13132. We have determined that this proposed rule does not contain policies that have substantial direct effects on the States, on the relationship between the National Government and the States, or on the distribution of power and responsibilities among the various levels of government. Accordingly, we conclude that the rule does not contain policies that have federalism implications as defined in the Executive Order and, consequently, a federalism summary impact statement is not required. 
IX. Consultation and Coordination With 
Indian Tribal Governments 
We have analyzed this proposed rule 
in accordance with the principles set forth in Executive Order 13175. We have tentatively determined that the rule does not contain policies that would have a substantial direct effect on one or more Indian Tribes, on the relationship between the Federal Government and Indian Tribes, or on the distribution of power and responsibilities between the Federal Government and Indian Tribes. FDA invites comments from tribal officials on any potential impact on Indian Tribes from this proposed action. 
X. Reference 
The following reference is on display 
at the Dockets Management Staff (see 
ADDRESSES ) and is available for viewing 
by interested persons between 9 a.m. 
and 4 p.m. Monday through Friday; it is also available electronically at https://www.regulations.gov. FDA has verified the website address, as of the date this document publishes in the Federal Register, but websites are subject to change over time. 
1. FDA, ‘‘Color Additive Certification; 
Increase in Fees for Certification 
Services’’ Preliminary Regulatory Impact Analysis, Initial Regulatory Flexibility Analysis, Unfunded Mandates Reform Act Analysis. Available at https://www.fda.gov/AboutFDA/ReportsManualsForms/Reports/EconomicAnalyses/default.htm. 
List of Subjects in 21 CFR Part 80 
Color additives, Cosmetics, Drugs, 
Reporting and recordkeeping 
requirements. 
Therefore, under the Federal Food, 
Drug, and Cosmetic Act and under authority delegated to the Commissioner of Food and Drugs, we propose that 21 CFR part 80 be amended as follows: 
PART 80—COLOR ADDITIVE 
CERTIFICATION 
■1. The authority citation for part 80 
continues to read as follows: 
Authority: 21 U.S.C. 371, 379e. 
■2. In § 80.10, revise paragraphs (a) and 
(b) to read as follows: 
§ 80.10 Fees for certification services. 
(a) Fees for straight colors including 
lakes. The fee for the services provided 
by the regulations in this part in the case of each request for certification submitted in accordance with § 80.21(j)(1) and (2) shall be $0.45 per pound of the batch covered by such requests, but no such fee shall be less than $288. 
(b) Fees for repacks of certified color 
additives and color additive mixtures. The fees for the services provided under the regulations in this part in the case of each request for certification submitted in accordance with § 80.21(j)(3) and (4) shall be: 
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(1) 100 pounds or less—$45. 
(2) Over 100 pounds but not over 
1,000 pounds—$45 plus $0.08 for each pound over 100 pounds. 
(3) Over 1,000 pounds—$114 plus 
$0.03 for each pound over 1,000 pounds. 
* * * * * 
Dated: October 21, 2022. 
Robert M. Califf, 
Commissioner of Food and Drugs. 
[FR Doc. 2022–23844 Filed 11–1–22; 8:45 am] 
BILLING CODE 4164–01–P 
DEPARTMENT OF COMMERCE 
National Oceanic and Atmospheric 
Administration 
50 CFR Part 648 
[Docket No. 221026–0226] 
RIN 0648–BL75 
Magnuson-Stevens Fishery 
Conservation and Management Act Provisions; Fisheries of the Northeastern United States; Amendment 23 to the Mackerel, Squid, and Butterfish Fishery Management Plan 
AGENCY : National Marine Fisheries 
Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. 
ACTION : Proposed rule; request for 
comments. 
SUMMARY : NMFS proposes regulations to 
implement Amendment 23 to the Mackerel, Squid, and Butterfish Fishery Management Plan. Amendment 23 was developed by the Mid-Atlantic Fishery Management Council to establish a revised Atlantic mackerel rebuilding plan, set the 2023 Atlantic mackerel specifications and a river herring and shad catch cap for the Atlantic mackerel fishery, establish a recreational possession limit, and modify in-season closure measures. This action is necessary to prevent overfishing and rebuild the Atlantic mackerel stock based on a 2021 management track assessment that found the Atlantic mackerel stock remains overfished and subject to overfishing. The intended effect of this rule is to sustainably manage the Atlantic mackerel fishery and achieve optimum yield on a continuing basis. 
DATES : Public comments must be 
received by January 3, 2023. 
ADDRESSES : You may submit comments 
on this document, identified by NOAA– NMFS–2022–0098, by the following methods: 
•Electronic Submission: Submit all 
electronic public comments via the Federal e-Rulemaking Portal. Go to www.regulations.gov and enter NOAA– 
NMFS–2022–0098 in the Search box. Click the ‘‘Comment’’ icon, complete the required fields, and enter or attach your comments. 
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). 
The Mid-Atlantic Fishery 
Management Council prepared a draft environmental assessment (EA) for Amendment 23 that describes the proposed action and other alternatives considered and provides a thorough analysis of the impacts of the proposed action and alternatives considered. Copies of Amendment 23, including the draft EA and the preliminary Regulatory Impact Review, and the Regulatory Flexibility Act analysis, are available from: Christopher Moore, Executive Director, Mid-Atlantic Fishery Management Council, Suite 201, 800 State Street, Dover, DE 19901. The EA and associated analysis is accessible via the internet at https://www.mafmc.org/ s/Mack-Rebuild-2-2022-08-19-sub.pdf. 
FOR FURTHER INFORMATION CONTACT : 
Carly Bari, Fishery Policy Analyst, (978) 281–9150. 
SUPPLEMENTARY INFORMATION : 
Background 
The Atlantic mackerel fishery is 
managed under the Mackerel, Squid, and Butterfish Fishery Management Plan (FMP) through an annual quota, possession limits, and a catch cap for bycatch of river herring and shad. In- season accountability measures (AM), including closures of the fishery through possession limit reductions, help ensure catch does not exceed the Atlantic mackerel annual catch limit (ACL) or the river herring and shad catch cap. Reactive AMs require a pound-for-pound payback the following year if landings exceed the Atlantic mackerel ACL. Current regulations require the 
Council’s Mackerel, Squid, and 
Butterfish Monitoring Committee to develop specification recommendations based upon the acceptable biological catch (ABC) advice of the Council’s Scientific and Statistical Committee (SSC). Specifications are the combined suite of commercial and recreational catch levels and management measures necessary to prevent such catch levels from being exceeded. As part of this process, the Council sets the ACL, domestic annual harvest (DAH), domestic annual processing, total allowable level of foreign fishing, joint venture processing, and commercial and recreational annual catch targets (ACT) for up to three years. These specifications are reviewed annually, and may be revised by the Council based on updated information. 
Atlantic mackerel recruitment has 
been declining since 1999 and has been below the long-term average since 2009. On November 29, 2019 (84 FR 58053), as requested by the Council, NMFS implemented a 5-year Atlantic mackerel rebuilding plan. A July 2021 Atlantic mackerel management track assessment concluded that the Atlantic mackerel stock remained overfished and subject to overfishing. This management track assessment also determined that due to previous assumptions about potential recruitment that did not come to fruition, the original rebuilding no longer provided a realistic rebuilding approach. Stock biomass is estimated to have nearly tripled in size from 2014 to 2019 (from approximately 8 percent to 24 percent of rebuilt), but full rebuilding on the original schedule, by 2023, now appears impossible. The stock is expected to be less than half rebuilt by 2023. The final assessment summary report is available on the Northeast Fisheries Science Center (NEFSC) website (www.nefsc.noaa.gov/saw/ reports.html). 
In response to the 2021 Atlantic 
mackerel management track assessment, the SSC recommended that measures be implemented to eliminate or minimize additional catch to reduce the potential biological impacts of catch levels while the Council developed a revised Atlantic mackerel rebuilding plan. On January 12, 2022 (87 FR 1700), NMFS published an interim rule that reduced the 2022 DAH of Atlantic mackerel from 17,312 mt to 4,963 mt in order to limit U.S. commercial catch to approximately the levels realized during 2021. These interim measures were extended on July 6, 2022 (87 FR 40139), to remain effective for the entire 2022 Atlantic 
mackerel fishing year and will expire on January 13, 2023. 
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