57006 Federal Register / Vol. 88, No. 161 / Tuesday, August 22, 2023 / Rules and Regulations 

Also, this rule does not have tribal 

implications under Executive Order 

13175, Consultation and Coordination 

with Indian Tribal Governments, 

because it does not 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. 

E. Unfunded Mandates Reform Act 

The Unfunded Mandates Reform Act 

of 1995 (2 U.S.C. 1531–1538) requires 

Federal agencies to assess the effects of 

their discretionary regulatory actions. In 

particular, the Act addresses actions 

that may result in the expenditure by a 

State, local, or tribal government, in the 

aggregate, or by the private sector of 

$100,000,000 (adjusted for inflation) or 

more in any one year. Though this rule 

will not result in such an expenditure, 

we do discuss the effects of this rule 

elsewhere in this preamble. 

F. Environment 

We have analyzed this rule under 

Department of Homeland Security 

Directive 023–01, Rev. 1, associated 

implementing instructions, and 

Environmental Planning COMDTINST 

5090.1 (series), which guide the Coast 

Guard in complying with the National 

Environmental Policy Act of 1969 (42 

U.S.C. 4321–4370f), and have 

determined that this action is one of a 

category of actions that do not 

individually or cumulatively have a 

significant effect on the human 

environment. This rule involves safety 

zones within 500 yards of M/V BIGLIFT 

BAFFIN during transit and offload of 

cranes. It is categorically excluded from 

further review under paragraph L60(a) 

of Appendix A, Table 1 of DHS 

Instruction Manual 023–01–001–01, 

Rev. 1. A Record of Environmental 

Consideration supporting this 

determination is available in the docket. 

For instructions on locating the docket, 

see the ADDRESSES section of this 

preamble. 

G. Protest Activities 

The Coast Guard respects the First 

Amendment rights of protesters. 

Protesters are asked to call or email the 

person listed in the FOR FURTHER

INFORMATION CONTACT section to 

coordinate protest activities so that your 

message can be received without 

jeopardizing the safety or security of 

people, places or vessels. 

List of Subjects in 33 CFR Part 165 

Harbors, Marine safety, Navigation 

(water), Reporting and recordkeeping 

requirements, Security measures, 

Waterways. 

For the reasons discussed in the 

preamble, the Coast Guard amends 33 

CFR part 165 as follows: 

PART 165—REGULATED NAVIGATION 

AREAS AND LIMITED ACCESS AREAS 

■ 1. The authority citation for part 165 

continues to read as follows: 

Authority: 46 U.S.C. 70034, 70051, 70124; 

33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; 

Department of Homeland Security Delegation 

No. 00170.1, Revision No. 01.3. 

■ 2. Add § 165.T07–0542 to read as 

follows: 

§ 165.T07–0542 Safety Zone; Savannah 

River, M/V BIGLIFT BARENTSZ, Savannah, 

GA. 

(a) Location. The following areas are 

safety zones: 

(1) A moving safety zone that includes 

all navigable waters of the Savannah 

River, within a 500-yard radius of the 

Motor Vessel (M/V) BIGLIFT 

BARENTSZ while transiting the 

Savannah River and laden with 

oversized cranes. 

(2) A fixed zone that includes all 

navigable waters of the Savannah River, 

within a 500-yard radius of vessel M/V 

BIGLIFT BARENTSZ while moored at 

Georgia Port Authority Garden City 

Terminal Berth No. 1 and laden with 

oversized cranes. 

(b) Definition. As used in this section, 

designated representative means a Coast 

Guard Patrol Commander, including a 

Coast Guard coxswain, petty officer, or 

other officer operating a Coast Guard 

vessel and a Federal, State, and local 

officer designated by or assisting the 

Captain of the Port Savannah (COTP) in 

the enforcement of the safety zone. 

(c) Regulations. (1) Under the general 

safety zone regulations in subpart C of 

this part, you may not enter the safety 

zone described in paragraph (a) of this 

section unless authorized by the COTP 

or the COTP’s designated representative. 

(2) Persons or vessels desiring to 

enter, transit through, anchor in, or 

remain within the safety zone may 

contact COTP Savannah by telephone at 

(912) 247–0073, or a designated 

representative via VHF radio on channel 

16, to request authorization. If 

authorization to enter, transit through, 

anchor in, or remain within the 

regulated area is granted by the COTP 

Savannah or a designated 

representative, all persons and vessels 

receiving such authorization must 

comply with the instructions of the 

COTP or a designated representative. 

(3) The Coast Guard will provide 

notice of the regulated areas by 

Broadcast Notice to Mariners, Marine 

Safety Information Bulletins, and onscene designated representatives. 

(d) Effective period. This section is 

effective from August 24, 2023, through 

September 11, 2023. 

(e) Enforcement period. The moving 

safety zone will be enforced while the 

vessel M/V BIGLIFT BARENTSZ is 

transiting with the cranes embarked. 

The fixed safety zone will be enforced 

while the vessel M/V BIGLIFT 

BARENTSZ is moored at the facility, 

and the cranes are onboard. 

Dated: August 16, 2023. 

N.L. Robinson, 

Commander, U.S. Coast Guard, Captain of 

the Port, Savannah, GA. 

[FR Doc. 2023–18008 Filed 8–21–23; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2023–0380] 

RIN 1625–AA00 

Safety Zone; Hurricanes, Tropical 

Storms and other Disasters in 

Southeast Texas and Southwest 

Louisiana 

AGENCY: Coast Guard, Department of 

Homeland Security (DHS). 

ACTION: Final rule. 

SUMMARY: The Coast Guard is 

establishing a permanent safety zone to 

be enforced in the event of hurricanes, 

tropical storms, and other disasters in 

southeast Texas and southwest 

Louisiana. This action is necessary to 

ensure the safety of the waters of the 

Port Arthur Captain of the Port (COTP) 

zone Port Arthur, TX, prior to, during 

and following hurricanes, tropical 

storms and other disasters. This 

regulation establishes actions to be 

completed by industry and vessels in 

the COTP zone prior to landfall of 

hurricanes, tropical storms, and other 

disasters threatening Port Arthur, TX. 

DATES: This rule is effective September 

21, 2023. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to https://

www.regulations.gov, type USCG–2023– 

0380 in the search box and click 

‘‘Search.’’ Next, in the Document Type 

column, select ‘‘Supporting & Related 

Material.’’ 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this rule, call or 


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Federal Register / Vol. 88, No. 161 / Tuesday, August 22, 2023 / Rules and Regulations 57007 

email Mr. Douglas Hendrix, Marine 

Safety Unit Port Arthur, U.S. Coast 

Guard; telephone 409–719–5086, email 

douglas.g.hendrix2@uscg.mil. 

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations 

CFR Code of Federal Regulations 

COTP Captain of the Port 

DHS Department of Homeland Security 

FR Federal Register 

NPRM Notice of proposed rulemaking 

§ Section 

U.S.C. United States Code 

II. Background Information and 

Regulatory History 

Southeast Texas and southwest 

Louisiana has the potential to be 

affected by hurricanes, tropical storms 

and other disasters on a yearly basis, 

especially between the months of June 

and November. 

On May 31, 2023, the Coast Guard 

published a notice of proposed 

rulemaking (NPRM) titled ‘‘Safety Zone; 

Hurricanes, Tropical Storms, and Other 

Disasters in Southeast Texas and 

Southwest Louisiana.’’ 88 FR 34797. 

There we stated why we issued the 

NPRM and invited comments on our 

proposed regulatory action related to 

this safety zone. During the comment 

period that ended June 15, 2023, we 

received two (2) comments. 

III. Legal Authority and Need for Rule 

The Coast Guard is issuing this rule 

under the authority in 46 U.S.C. 70034. 

The purpose of this rulemaking is to 

protect mariners, port infrastructure and 

the environment during and after 

extreme weather and other natural 

disasters. 

IV. Discussion of Comments, Changes, 

and the Rule 

As noted above, we received two 

comments on our NPRM published May 

31, 2023. One comment received was 

supportive of the rule. The second 

comment suggested that (1) the 

regulatory text should be clearer in 

identifying the geographic area(s) where 

Port Condition requirements would be 

applicable; and (2) that the COTP 

should require identification and 

notification of ‘‘marine vessels, offshore 

rigs, barges, etc.’’ We concur with the 

first suggestion and have modified the 

language in paragraphs (c)(1), (2), and 

(7) of the regulatory text to be clearer. 

With regard to the second suggestion, 

we do not concur that additional 

language is necessary. The regulatory 

text provides the COTP sufficient 

authority to address situational 

circumstances without establishing 

vague affirmative requirements. 

This rule establishes actions to be 

completed by local industry and vessels 

in the COTP zone prior to landfall of 

hurricanes, tropical storms, and other 

disasters threatening the COTP zone and 

describes the actions a COTP may take 

to restrict access to hazardous areas in 

the aftermath of these events. The safety 

zone consists of all navigable waters of 

the Port Arthur COTP zone, as 

prescribed in 33 CFR 3.40–28(b). The 

regulatory text appears at the end of this 

document. 

V. Regulatory Analyses 

We developed this rule after 

considering numerous statutes and 

Executive orders related to rulemaking. 

Below we summarize our analyses 

based on a number of these statutes and 

Executive orders, and we discuss First 

Amendment rights of protestors. 

A. Regulatory Planning and Review 

Executive Orders 12866 and 13563 

direct agencies to assess the costs and 

benefits of available regulatory 

alternatives and, if regulation is 

necessary, to select regulatory 

approaches that maximize net benefits. 

This rule has not been designated a 

‘‘significant regulatory action,’’ under 

section 3(f) of Executive Order 12866, as 

amended by Executive Order 14094 

(Modernizing Regulatory Review). 

Accordingly, this rule has not been 

reviewed by the Office of Management 

and Budget (OMB). 

This regulatory action determination 

is based on the following: (1) Vessel 

traffic and facilities would be impacted 

by this rule only during limited times 

while heavy weather or other disaster is 

expected to impact the Port Arthur 

COTP zone; (2) vessel traffic would be 

secured only during port conditions 

Yankee, Zulu, and Recovery and only in 

port areas affected by gale force winds; 

and (3) the Coast Guard would issue a 

Broadcast Notice to Mariners via VHF– 

FM marine channel 16 about the safety 

zone, and this rule would allow vessels 

to seek permission to remain in port. 

B. Impact on Small Entities 

The Regulatory Flexibility Act of 

1980, 5 U.S.C. 601–612, as amended, 

requires Federal agencies to consider 

the potential impact of regulations on 

small entities during rulemaking. The 

term ‘‘small entities’’ comprises small 

businesses, not-for-profit organizations 

that are independently owned and 

operated and are not dominant in their 

fields, and governmental jurisdictions 

with populations of less than 50,000. 

The Coast Guard received no comments 

from the Small Business Administration 

on this rulemaking. The Coast Guard 

certifies under 5 U.S.C. 605(b) that this 

rule will not have a significant 

economic impact on a substantial 

number of small entities. 

While some owners or operators of 

vessels intending to transit the safety 

zone may be small entities, for the 

reasons stated in section V.A above, this 

rule will not have a significant 

economic impact on any vessel owner 

or operator. 

Under section 213(a) of the Small 

Business Regulatory Enforcement 

Fairness Act of 1996 (Pub. L. 104–121), 

we want to assist small entities in 

understanding this rule. If the rule 

would affect your small business, 

organization, or governmental 

jurisdiction and you have questions 

concerning its provisions or options for 

compliance, please call or email the 

person listed in the FOR FURTHER

INFORMATION CONTACT section. 

Small businesses may send comments 

on the actions of Federal employees 

who enforce, or otherwise determine 

compliance with, Federal regulations to 

the Small Business and Agriculture 

Regulatory Enforcement Ombudsman 

and the Regional Small Business 

Regulatory Fairness Boards. The 

Ombudsman evaluates these actions 

annually and rates each agency’s 

responsiveness to small business. If you 

wish to comment on actions by 

employees of the Coast Guard, call 1– 

888–REG–FAIR (1–888–734–3247). The 

Coast Guard will not retaliate against 

small entities that question or complain 

about this rule or any policy or action 

of the Coast Guard. 

C. Collection of Information 

This rule will not call for a new 

collection of information under the 

Paperwork Reduction Act of 1995 (44 

U.S.C. 3501–3520). 

D. Federalism and Indian Tribal 

Governments 

A rule has implications for federalism 

under Executive Order 13132, 

Federalism, if it has a substantial direct 

effect 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. We have 

analyzed this rule under that order and 

have determined that it is consistent 

with the fundamental federalism 

principles and preemption requirements 

described in Executive Order 13132. 

Also, this rule does not have tribal 

implications under Executive Order 

13175, Consultation and Coordination 

with Indian Tribal Governments, 

because it does not have a substantial 

direct effect on one or more Indian 


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57008 Federal Register / Vol. 88, No. 161 / Tuesday, August 22, 2023 / Rules and Regulations 

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. 

E. Unfunded Mandates Reform Act 

The Unfunded Mandates Reform Act 

of 1995 (2 U.S.C. 1531–1538) requires 

Federal agencies to assess the effects of 

their discretionary regulatory actions. In 

particular, the Act addresses actions 

that may result in the expenditure by a 

State, local, or tribal government, in the 

aggregate, or by the private sector of 

$100,000,000 (adjusted for inflation) or 

more in any one year. Though this rule 

will not result in such an expenditure, 

we do discuss the effects of this rule 

elsewhere in this preamble. 

F. Environment 

We have analyzed this rule under 

Department of Homeland Security 

Directive 023–01, Rev. 1, associated 

implementing instructions, and 

Environmental Planning COMDTINST 

5090.1 (series), which guide the Coast 

Guard in complying with the National 

Environmental Policy Act of 1969 (42 

U.S.C. 4321–4370f), and have 

determined that this action is one of a 

category of actions that do not 

individually or cumulatively have a 

significant effect on the human 

environment. This rule involves a safety 

zone that prohibits entry in certain 

waters of the Port Arthur COTP Zone for 

the duration needed to ensure safe 

transit of vessels and industry post 

hurricane, post storm, and post 

emergency. It is categorically excluded 

from further review under paragraph 

L60(a) of Appendix A, Table 1 of DHS 

Instruction Manual 023–01–001–01, 

Rev. 1. A Record of Environmental 

Consideration supporting this 

determination is available in the docket. 

For instructions on locating the docket, 

see the ADDRESSES section of this 

preamble. 

G. Protest Activities 

The Coast Guard respects the First 

Amendment rights of protesters. 

Protesters are asked to call or email the 

person listed in the FOR FURTHER

INFORMATION CONTACT section to 

coordinate protest activities so that your 

message can be received without 

jeopardizing the safety or security of 

people, places, or vessels. 

List of Subjects in 33 CFR Part 165 

Harbors, Marine safety, Navigation 

(water), Reporting and recordkeeping 

requirements, Security measures, 

Waterways. 

For the reasons discussed in the 

preamble, the Coast Guard amends 33 

CFR part 165 as follows: 

PART 165—REGULATED NAVIGATION 

AREAS AND LIMITED ACCESS AREAS 

■ 1. The authority citation for part 165 

continues to read as follows: 

Authority: 46 U.S.C. 70034, 70051, 70124; 

33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; 

Department of Homeland Security Delegation 

No. 00170.1, Revision No. 01.3. 

■ 2. Add § 165.804 to read as follows: 

§ 165.804 Safety Zone; Hurricanes, 

Tropical Storms and Other Disasters in 

Southeast Texas and Southwest Louisiana. 

(a) Regulated areas. All navigable 

waters within the Port Arthur Captain of 

the Port (COTP) Zone, MSU Port Arthur, 

TX, as described in 33 CFR 3.40–28(b), 

during specified conditions. 

(b) Definitions. (1) Designated 

representative means Coast Guard Patrol 

Commanders, including Coast Guard 

coxswains, petty officers, and other 

officers operating Coast Guard vessels, 

and Federal, state, and local officers 

designated by or assisting the COTP Port 

Arthur, in the enforcement of the 

regulated areas. 

(2) Port Condition WHISKEY means a 

condition set by the COTP when 

weather advisories indicate sustained 

gale force winds (39–54 mph/34–47 

knots) from a tropical or hurricane force 

storm are predicted to make landfall at 

the port within 72 hours. 

(3) Port Condition X–RAY means a 

condition set by the COTP when 

weather advisories indicate sustained 

gale force winds (39–54 mph/34–47 

knots) from a tropical or hurricane force 

storm are predicted to make landfall at 

the port within 48 hours. 

(4) Port Condition YANKEE means a 

condition set by the COTP when 

weather advisories indicate that 

sustained gale force winds (39–54 mph/ 

34–47 knots) from a tropical or 

hurricane force storm are predicted to 

make landfall at the port within 24 

hours. 

(5) Port Condition ZULU means a 

condition set by the COTP when 

weather advisories indicate that 

sustained gale force winds (39–54 mph/ 

34–47 knots) from a tropical or 

hurricane force storm are predicted to 

make landfall at the port within 12 

hours. 

(6) Port Condition RECOVERY means 

the condition set when weather 

advisories indicate that sustained gale 

force winds from a tropical hurricane 

force storm are no longer predicted for 

the designated area. This port condition 

remains in effect until the regulated 

areas are safe and reopened to normal 

operations. 

(c) Regulations—(1) Port Condition 

WHISKEY. All vessels and port facilities 

in designated areas must exercise due 

diligence in preparation for potential 

storm impacts. Ports and waterfront 

facilities must begin removing all debris 

and securing potential flying hazards. 

Oceangoing vessels 500 gross tons (GT) 

and above must make plans to depart no 

later than the setting of Port Condition 

Yankee unless authorized by the COTP. 

Vessels wishing to remain in port are 

required to submit a Notice of Intent to 

Remain In Port to the COTP prior to 

setting Port Condition X-Ray. 

(2) Port Condition X–RAY. All vessels 

and port facilities in designated areas 

must ensure that potential flying debris 

is removed or secured. Hazardous 

materials/pollution hazards must be 

secured in a safe manner and away from 

waterfront areas. Vessels over 500GT 

without an approval to remain in port 

must depart prior to the setting of Port 

Condition YANKEE. Vessels with the 

COTP’s permission to remain in port 

must implement their pre-approved 

mooring arrangement. Terminal 

operators must prepare to terminate all 

cargo operations. The COTP may require 

additional precautions to ensure the 

safety of the ports and waterways. 

(3) Port Condition YANKEE. Affected 

ports are closed to inbound vessel 

traffic. All oceangoing vessels greater 

than 500 Gross Tons must depart 

designated ports prior to the setting of 

Port Condition ZULU. Terminal 

operators must terminate all cargo 

operations not associated with storm 

preparations. Cargo operations 

associated with storm preparations 

include moving cargo within or off the 

port for securing purposes, port/facility 

equipment preparations, and similar 

activities, but do not include moving 

cargo onto the port or vessel loading/ 

discharging operations unless 

specifically authorized by the COTP. All 

facilities must continue to operate in 

accordance with approved Facility 

Security Plans and comply with the 

requirements of the Maritime 

Transportation Security Act. 

(4) Port Condition ZULU. Designated 

areas are closed to all vessel traffic 

except those specifically authorized by 

the COTP. Cargo operations are 

suspended, including bunkering and 

lightering. Waivers may be granted 

unless Cargo of Particular Hazard or 

Certain Dangerous Cargo is involved. 

(5) Port Condition RECOVERY. 

Designated areas are closed to all 

commercial traffic and recreational 

vessels 65-feet in length and greater. 

Based on assessments of channel 


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conditions, navigability concerns, and 

hazards to navigation, the COTP may 

permit vessel movements with 

restrictions. Restrictions may include, 

but are not limited to, preventing vessel 

movements, imposing draft, speed, size, 

horsepower, or daylight restrictions, or 

directing the use of specific routes. 

Vessels permitted to transit the 

regulated area shall comply with the 

lawful orders or directions given by the 

COTP or designated representative. 

(6) Safety zones notice. The Coast 

Guard COTP will notify the maritime 

community of periods during which 

these safety zones will be in effect via 

Broadcast Notice to Mariners and 

Marine Safety Information Bulletin or 

by on-scene designated representatives. 

(7) Regulated area notice. The Coast 

Guard will provide notice of the 

designated ports and/or waterways 

within the regulated area covered by 

each Port Condition via Broadcast 

Notice to Mariners, Marine Safety 

Information Bulletin or by on-scene 

designated representatives. 

(8) Exception. This section does not 

apply to authorized law enforcement 

agencies operating within the regulated 

area. 

Dated: August 15, 2023. 

Anthony R. Migliorini, 

Captain, U.S. Coast Guard, Captain of the 

Port Marine Safety Unit Port Arthur. 

[FR Doc. 2023–18066 Filed 8–21–23; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF LABOR 

Office of Federal Contract Compliance 

Programs 

41 CFR Parts 60–300 and 60–741 

RIN 1250–AA14 

Pre-Enforcement Notice and 

Conciliation Procedures; Correction 

AGENCY: Office of Federal Contract 

Compliance Programs, Labor. 

ACTION: Final rule; correction. 

SUMMARY: The U.S. Department of 

Labor’s Office of Federal Contract 

Compliance Programs (OFCCP) 

published a final rule in the Federal 

Register on August 4, 2023, modifying 

procedures and standards OFCCP uses 

when issuing pre-enforcement notices 

and securing compliance through 

conciliation. This document corrects 

amendatory instructions included in the 

final rule. 

DATES: These corrections are effective 

September 5, 2023. 

FOR FURTHER INFORMATION CONTACT: Tina 

Williams, Director, Division of Policy 

and Program Development, Office of 

Federal Contract Compliance Programs, 

200 Constitution Avenue NW, Room C– 

3325, Washington, DC 20210. 

Telephone: (202) 693–0103 or toll free at 

1–800–397–6251. If you are deaf, hard 

of hearing, or have a speech disability, 

please dial 7–1–1 to access 

telecommunications relay services. 

SUPPLEMENTARY INFORMATION: 

Corrections 

OFCCP makes the following 

corrections to the final rule (FR Doc. 

2023–16098) published on August 4, 

2023 (88 FR 51717): 

§ 60–300.2 [Corrected] 

■ 1. On page 51735, column 3, in 

amendatory instruction 20 for § 60– 

300.2, the instruction ‘‘Amend § 60– 

300.2 by removing the definitions for 

‘Qualitative evidence’ and ‘Quantitative 

evidence’ ’’ is corrected to read ‘‘Remove 

and reserve § 60–300.2(t) and (u).’’ 

§ 60–300.85 [Corrected] 

■ 2. On page 51736, column 2, in 

amendatory instruction 24 for § 60– 

300.85, the instruction ‘‘Add § 60– 

300.85 to subpart D to read as follows:’’ 

is corrected to read ‘‘Add § 60–300.85 to 

subpart E to read as follows:’’. 

§ 60–741.2 [Corrected] 

■ 3. On page 51736, column 2, in 

amendatory instruction 26 for § 60– 

741.2, the instruction ‘‘Amend § 60– 

741.2 by removing the definitions for 

‘Qualitative evidence’ and ‘Quantitative 

evidence’ is corrected to read ‘‘Remove 

and reserve § 60–741.2(s) and (t).’’ 

Michele Hodge, 

Acting Director, Office of Federal Contract 

Compliance Programs. 

[FR Doc. 2023–17958 Filed 8–21–23; 8:45 am] 

BILLING CODE 4510–CM–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 230728–0179] 

RIN 0648–BL08 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Amendment 122 to 

the Fishery Management Plan for 

Groundfish of the Bering Sea and 

Aleutian Islands Management Area; 

Pacific Cod Trawl Cooperative 

Program; Correction 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Final rule; correction. 

SUMMARY: On August 8, 2023, NMFS 

published a final rule to implement 

Amendment 122 to the Fishery 

Management Plan for Groundfish of the 

Bering Sea and Aleutian Islands 

Management Area (BSAI FMP). The 

final rule included an incorrect cross 

reference and inadvertently left out two 

footnotes in a table. This correction 

fixes these errors. 

DATES: Effective on September 7, 2023. 

FOR FURTHER INFORMATION CONTACT: 

Stephanie Warpinski, 907–586–7228. 

SUPPLEMENTARY INFORMATION: The 

NMFS final rule to implement 

Amendment 122 to the Fishery 

Management Plan for Groundfish of the 

Bering Sea and Aleutian Islands 

Management Area (BSAI FMP) (88 FR 

53704) included an incorrect crossreference at § 679.134(e)(3) and 

inadvertently left out two footnotes in 

table 40 to part 679. NMFS is now 

correcting the final rule to reflect the 

correct cross-reference to § 679.133(b) 

instead of § 679.133(c) and to include 

footnotes 1 and 2 in table 40 to part 679. 

Corrections 

In FR Doc. 2023–16526, published 

August 8, 2023, at 88 FR 53704, the 

following corrections are made: 

■ 1. On page 53743, in the first column, 

§ 679.134(e)(3) is corrected to read as 

follows: 

§ 679.134 [Corrected] 

(e) * * * 

(3) Groundfish sideboard limits. All 

groundfish harvests in the BSAI and 

GOA that are subject to a sideboard 

limit for that groundfish species as 

described under § 679.133(b), except 

groundfish harvested by a vessel when 

participating in the Central GOA 


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