60594 Federal Register / Vol. 88, No. 170 / Tuesday, September 5, 2023 / Rules and Regulations 

TABLE 52.385—EPA-APPROVED REGULATIONS—Continued 

Connecticut state 

citation Title/subject 

Dates 

Federal Register 

citation 

Section 

52.370 Date Comments/description 

adopted 

by State 

Date 

approved 

by EPA 

*******

22a–174–3a ....... Permit to Construct and Operate Stationary Sources.11/18/20 9/5/23 [INSERT Federal Register 

CITATION].

(c)(129) Revisions made to 22a–174–3a(a)(2)(A)(ii) 

through (v), 22a–174–3a(a)(5), 22a– 

174–3a(d)(3)(B) and (C), 22a–174–3a(i) 

Table 3a(i)–1, 22a–174–3a(i)(2), 22a– 

174–3a(j)(1)(B), 22a–174–3a(j)(8)(A), 

22a–174–3a(k)(3) and (4), 22a–174– 

3a(k)(6)(A), 22a–174–3a(k)(7) Table 

3a(k)–1, and 22a–174–3a(l)(1). 

*******

22a–174–20 ....... Control of Organic Compound Emissions.11/18/20 9/5/23 [INSERT Federal Register 

CITATION].

(c)(129) Revisions made to 22a–174–20(gg)(8). 

*******

■ 4. Section 52.386 is amended by 

revising paragraph (e) to read as follows: 

§ 52.386 Section 110(a)(2) infrastructure 

requirements. 

* * * * * 

(e) CT DEEP submitted an 

infrastructure SIP for the 2015 ozone 

NAAQS on September 7, 2018. This 

infrastructure SIP was approved, with 

the exception of CAA section 

110(a)(2)(K) and the PSD-related 

requirements of CAA sections 

110(a)(2)(D)(i)(II), 110(a)(2)(C), and 

110(a)(2)(J), which were conditionally 

approved. On December 15, 2020, CT 

DEEP submitted SIP revisions to address 

the conditional approval. EPA fully 

approves the revised infrastructure SIP 

for the 2015 ozone NAAQS. 

* * * * * 

[FR Doc. 2023–18909 Filed 9–1–23; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[EPA–HQ–OPP–2022–0384; FRL–11035–01– 

OCSPP] 

Spinetoram; Pesticide Tolerances 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: This regulation establishes 

tolerances for residues of spinetoram in 

or on Spice group 26, and Stalk and 

stem vegetable subgroup 22A. 

Interregional Research Project Number 4 

(IR–4) requested these tolerances under 

the Federal Food, Drug, and Cosmetic 

Act (FFDCA). 

DATES: This regulation is effective 

September 5, 2023. Objections and 

requests for hearings must be received 

on or before November 6, 2023, and 

must be filed in accordance with the 

instructions provided in 40 CFR part 

178 (see also Unit I.C. of the 

SUPPLEMENTARY INFORMATION). 

ADDRESSES: The docket for this action, 

identified by docket identification (ID) 

number EPA–HQ–OPP–2022–0384, is 

available at https://www.regulations.gov 

or at the Office of Pesticide Programs 

Regulatory Public Docket (OPP Docket) 

in the Environmental Protection Agency 

Docket Center (EPA/DC), West William 

Jefferson Clinton Bldg., Rm. 3334, 1301 

Constitution Ave. NW, Washington, DC 

20460–0001. The Public Reading Room 

is open from 8:30 a.m. to 4:30 p.m., 

Monday through Friday, excluding legal 

holidays. The telephone number for the 

Public Reading Room and the OPP 

Docket is (202) 566–1744. For the latest 

status information on EPA/DC services, 

docket access, visit https://

www.epa.gov/dockets. 

FOR FURTHER INFORMATION CONTACT: 

Charles Smith, Director, Registration 

Division (7505T), Office of Pesticide 

Programs, Environmental Protection 

Agency, 1200 Pennsylvania Ave. NW, 

Washington, DC 20460–0001; main 

telephone number: (202) 566–1030; 

email address: RDFRNotices@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

A. Does this action apply to me? 

You may be potentially affected by 

this action if you are an agricultural 

producer, food manufacturer, or 

pesticide manufacturer. The following 

list of North American Industrial 

Classification System (NAICS) codes is 

not intended to be exhaustive, but rather 

provides a guide to help readers 

determine whether this document 

applies to them. Potentially affected 

entities may include: 

• Crop production (NAICS code 111). 

• Animal production (NAICS code 

112). 

• Food manufacturing (NAICS code 

311). 

• Pesticide manufacturing (NAICS 

code 32532). 

B. How can I get electronic access to 

other related information? 

You may access a frequently updated 

electronic version of EPA’s tolerance 

regulations at 40 CFR part 180 through 

the Office of the Federal Register’s eCFR site at https://www.ecfr.gov/ 

current/title-40. 

C. How can I file an objection or hearing 

request? 

Under FFDCA section 408(g), 21 

U.S.C. 346a(g), any person may file an 

objection to any aspect of this regulation 

and may also request a hearing on those 

objections. You must file your objection 

or request a hearing on this regulation 

in accordance with the instructions 

provided in 40 CFR part 178. To ensure 

proper receipt by EPA, you must 

identify docket ID number EPA–HQ– 

OPP–2022–0384 in the subject line on 

the first page of your submission. All 

objections and requests for a hearing 

must be in writing and must be received 

by the Hearing Clerk on or before 

November 6, 2023. Addresses for mail 

and hand delivery of objections and 

hearing requests are provided in 40 CFR 

178.25(b). 

In addition to filing an objection or 

hearing request with the Hearing Clerk 

as described in 40 CFR part 178, please 

submit a copy of the filing (excluding 

any Confidential Business Information 

(CBI)) for inclusion in the public docket. 

Information not marked confidential 

pursuant to 40 CFR part 2 may be 


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Federal Register / Vol. 88, No. 170 / Tuesday, September 5, 2023 / Rules and Regulations 60595 

disclosed publicly by EPA without prior 

notice. Submit the non-CBI copy of your 

objection or hearing request, identified 

by docket ID number EPA–HQ–OPP– 

2022–0384, by one of the following 

methods: 

• Federal eRulemaking Portal: 

https://www.regulations.gov. Follow the 

online instructions for submitting 

comments. Do not submit electronically 

any information you consider to be CBI 

or other information whose disclosure is 

restricted by statute. 

• Mail: OPP Docket, Environmental 

Protection Agency Docket Center (EPA/ 

DC), (28221T), 1200 Pennsylvania Ave. 

NW, Washington, DC 20460–0001. 

• Hand Delivery: To make special 

arrangements for hand delivery or 

delivery of boxed information, please 

follow the instructions at https://

www.epa.gov/dockets/where-sendcomments-epa-dockets. 

Additional instructions on 

commenting or visiting the docket, 

along with more information about 

dockets generally, is available at https:// 

www.epa.gov/dockets. 

II. Summary of Petitioned-For 

Tolerance 

In the Federal Register of January 3, 

2023 (88 FR 38) (FRL–9410–08–OCSPP), 

EPA issued a document pursuant to 

FFDCA section 408(d)(3), 21 U.S.C. 

346a(d)(3), announcing the filing of a 

pesticide petition (PP 2E8994) by IR–4, 

North Carolina State University, 1730 

Varsity Drive, Venture IV, Suite 210, 

Raleigh, NC 27606. The petition 

requested to amend 40 CFR part 180 by 

establishing tolerances for residues of 

spinetoram in or on the raw agricultural 

commodities Stalk and stem vegetable 

subgroup 22A at 0.4 parts per million 

(ppm), and Spice group 26 at 1.7 ppm. 

The petition also requested to remove 

established tolerances for residues of 

spinetoram in or on the following: 

Asparagus, and Spice subgroup 19B, 

except black pepper. 

That document referenced a summary 

of the petition, which is available in the 

docket, https://www.regulations.gov. 

There were no comments received in 

response to the notice. 

III. Aggregate Risk Assessment and 

Determination of Safety 

Section 408(b)(2)(A)(i) of FFDCA 

allows EPA to establish a tolerance (the 

legal limit for a pesticide chemical 

residue in or on a food) only if EPA 

determines that the tolerance is ‘‘safe.’’ 

Section 408(b)(2)(A)(ii) of FFDCA 

defines ‘‘safe’’ to mean that ‘‘there is a 

reasonable certainty that no harm will 

result from aggregate exposure to the 

pesticide chemical residue, including 

all anticipated dietary exposures and all 

other exposures for which there is 

reliable information.’’ This includes 

exposure through drinking water and in 

residential settings but does not include 

occupational exposure. Section 

408(b)(2)(C) of FFDCA requires EPA to 

give special consideration to exposure 

of infants and children to the pesticide 

chemical residue in establishing a 

tolerance and to ‘‘ensure that there is a 

reasonable certainty that no harm will 

result to infants and children from 

aggregate exposure to the pesticide 

chemical residue. . . .’’ 

Consistent with FFDCA section 

408(b)(2)(D), and the factors specified 

therein, EPA has reviewed the available 

scientific data and other relevant 

information in support of this action. 

EPA has sufficient data to assess the 

hazards of and to make a determination 

on aggregate exposure for spinetoram 

including exposure resulting from the 

tolerances established by this action. 

EPA’s assessment of exposures and risks 

associated with spinetoram follows. 

In an effort to streamline its 

publications in the Federal Register, 

EPA is not reprinting sections that 

repeat what has been previously 

published for tolerance rulemaking of 

the same pesticide chemical. Where 

scientific information concerning a 

particular chemical remains unchanged, 

the content of those sections would not 

vary between tolerance rulemaking, and 

EPA considers referral back to those 

sections as sufficient to provide an 

explanation of the information EPA 

considered in making its safety 

determination for the new rulemaking. 

EPA has previously published several 

tolerance rulemakings for spinetoram, in 

which EPA concluded, based on the 

available information, that there is a 

reasonable certainty that no harm would 

result from aggregate exposure to 

spinetoram and established tolerances 

for residues of that chemical. EPA is 

incorporating previously published 

sections of those rulemakings that 

remain unchanged, as described further 

in this rulemaking. Specific information 

on the risk assessment conducted in 

support of this action, including on the 

studies received and the nature of the 

adverse effects caused by spinetoram, 

can be found in the document titled 

‘‘Spinosad and Spinetoram: Human 

Health Risk Assessment in Support of 

Proposed Uses on Stalk and Stem 

Vegetables (22A) and GreenhouseGrown Cucumbers, Lettuce, Pepper, and 

Tomato; and Crop Group Conversion for 

Spice Group 26’’ (hereinafter ‘‘Spinosad 

and Spinetoram Human Health Risk 

Assessment’’) which is available in the 

docket for this action at https://

www.regulations.gov. 

Toxicological profile. For a discussion 

of the Toxicological Profile of 

spinetoram, see Unit III.A. of the 

rulemaking published in the Federal 

Register of August 8, 2018 (83 FR 

38976) (FRL–9978–83). 

Toxicological points of departure/ 

Levels of concern. For a summary of the 

Toxicological Points of Departure/ 

Levels of Concern used for the safety 

assessment of spinetoram, see Unit III.B. 

of the August 8, 2018, rulemaking. 

Exposure assessment. Much of the 

exposure assessment remains 

unchanged from the August 8, 2018, 

rulemaking, although the new exposure 

assessment incorporates the additional 

dietary exposure from the petitioned-for 

tolerances. Other changes are described 

below. 

A chronic dietary exposure 

assessment was conducted using 

DEEM–FCID Version 4.02. This software 

uses 2005–2010 food consumption data 

from the U.S. Department of 

Agriculture’s (USDA’s) National Health 

and Nutrition Examination Survey, 

What We Eat in America, (NHANES/ 

WWEIA). Acute and cancer analyses 

were not conducted as toxicological 

effects attributable to a single dose were 

not identified, and spinetoram is 

classified as not likely to be 

carcinogenic. The chronic dietary 

analysis assumed 100 percent crop 

treated (PCT), average field-trial 

residues or tolerance-level residues for 

crop commodities, average residues 

from the livestock feeding studies, 

experimental processing factors when 

available, and modeled drinking water 

estimates. 

Anticipated residue information. 

Section 408(b)(2)(E) of FFDCA 

authorizes EPA to use available data and 

information on the anticipated residue 

levels of pesticide residues in food and 

the actual levels of pesticide residues 

that have been measured in food. If EPA 

relies on such information, EPA must 

require pursuant to FFDCA section 

408(f)(1) that data be provided 5 years 

after the tolerance is established, 

modified, or left in effect, demonstrating 

that the levels in food are not above the 

levels anticipated. For the present 

action, EPA will issue such data call-ins 

as are required by FFDCA section 

408(b)(2)(E) and authorized under 

FFDCA section 408(f)(1). Data will be 

required to be submitted no later than 

5 years from the date of issuance of 

these tolerances. 

Drinking water and non-occupational 

exposures. The estimated drinking 

water concentrations (EDWCs) of 

spinetoram have been updated since the 


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60596 Federal Register / Vol. 88, No. 170 / Tuesday, September 5, 2023 / Rules and Regulations 

last assessment. Based on the Tier I Rice 

Model and Pesticide Root Zone Model 

Ground Water (PRZM GW), the EDWCs 

of spinetoram for chronic exposures are 

estimated to be 38 parts per billion 

(ppb) for surface water and below the 

levels of detection for ground water. 

Modeled estimates of drinking water 

concentration were directly entered into 

the dietary exposure model. For the 

chronic dietary risk assessment, the 

water concentration value of 38 ppb was 

used to assess the contribution to 

drinking water. 

There have been no changes to 

residential exposures since the August 

8, 2018, rulemaking. For calculation of 

aggregate short-term exposure, 

residential exposure to adults 

(residential handler exposure from 

applying spinetoram to turf/ 

ornamentals/home garden), children 3 

to less than 6 years old (combined postapplication inhalation and ingestion of 

water exposure during recreational 

swimming), and children 1 to less than 

2 years old (post-application exposure 

resulting from the application of 

spinetoram to turf/ornamentals/home 

gardens) yield the highest residential 

short-term exposure and were therefore 

used in calculation of aggregate 

exposure. 

Cumulative exposure. Section 

408(b)(2)(D)(v) of FFDCA requires that, 

when considering whether to establish, 

modify, or revoke a tolerance, the 

Agency consider ‘‘available 

information’’ concerning the cumulative 

effects of a particular pesticide’s 

residues and ‘‘other substances that 

have a common mechanism of toxicity.’’ 

Unlike other pesticides for which EPA 

has followed a cumulative risk approach 

based on a common mechanism of 

toxicity, EPA has not made a common 

mechanism of toxicity finding as to 

spinetoram and any other substances 

and spinetoram does not appear to 

produce a toxic metabolite produced by 

other substances. For the purposes of 

this action, therefore, EPA has not 

assumed that spinetoram has a common 

mechanism of toxicity with other 

substances. 

Safety factor for infants and children. 

EPA continues to conclude that there is 

reliable data showing that the safety of 

infants and children would be 

adequately protected if the Food Quality 

Protection Act (FQPA) safety factor were 

reduced from 10X to 1X. The reasons for 

that decision are articulated in Unit 

III.D. of the August 8, 2018, rulemaking. 

Aggregate risks and determination of 

safety. EPA determines whether acute 

and chronic dietary pesticide exposures 

are safe by comparing dietary exposure 

estimates to the acute populationadjusted dose (aPAD) and chronic 

population-adjusted dose (cPAD). 

Short-, intermediate-, and chronic-term 

aggregate risks are evaluated by 

comparing the estimated total food, 

water, and residential exposure to the 

appropriate points of departure to 

ensure that an adequate margin of 

exposure (MOE) exists. 

An acute assessment was not 

conducted because toxicological effects 

attributable to a single dose were not 

identified. Chronic dietary (food and 

drinking water) risks are below the 

Agency’s level of concern of 100% of 

the cPAD: they are 73% of the cPAD for 

children 1 to 2 years old, which is the 

population subgroup with the highest 

exposure estimate. 

The short-term aggregate risks 

combine chronic dietary (food and 

drinking water) and residential 

exposures. The short-term aggregate risk 

for adults is an aggregate MOE of 740; 

for children aged 3 to less than 6, the 

aggregate MOE is 330; and for children 

1 to less than 2 years old, the aggregate 

MOE is 200. MOEs below 100 are of 

concern; these MOEs are above 100 and 

therefore are not of concern. Short-term 

aggregate risk calculations are protective 

of the intermediate-term duration of 

exposure. 

Because spinetoram is classified as 

‘‘not likely to be carcinogenic to 

humans’’, EPA has concluded that 

aggregate exposure to spinetoram is not 

likely to pose a cancer risk. 

Therefore, based on the risk 

assessments and information described 

above, EPA concludes there is a 

reasonable certainty that no harm will 

result to the general population, or to 

infants and children, from aggregate 

exposure to spinetoram residues. More 

detailed information about the Agency’s 

analysis can be found at https://

www.regulations.gov in the Spinosad 

and Spinetoram Human Health Risk 

Assessment in docket ID EPA–HQ– 

OPP–2022–0384. 

IV. Other Considerations 

A. Analytical Enforcement Methodology 

For a discussion of the available 

analytical enforcement method, see Unit 

IV.A. of the August 8, 2018, rulemaking. 

B. International Residue Limits 

In making its tolerance decisions, EPA 

seeks to harmonize U.S. tolerances with 

international standards whenever 

possible, consistent with U.S. food 

safety standards and agricultural 

practices. EPA considers the 

international maximum residue limits 

(MRLs) established by the Codex 

Alimentarius Commission (Codex), as 

required by FFDCA section 408(b)(4). 

There are currently no established 

Codex MRLs for residues of spinetoram 

in or on Stalk and stem vegetable 

subgroup 22A or Spice Group 26. 

V. Conclusion 

Therefore, tolerances are established 

for residues of spinetoram in or on 

Spice group 26 at 1.7 ppm, and the Stalk 

and stem vegetable subgroup 22A at 0.4 

ppm. 

Additionally, the established 

tolerances on Asparagus, and Spice, 

subgroup 19B, except black pepper, are 

removed as unnecessary. 

VI. Statutory and Executive Order 

Reviews 

This action establishes tolerances 

under FFDCA section 408(d) in 

response to a petition submitted to the 

Agency. The Office of Management and 

Budget (OMB) has exempted these types 

of actions from review under Executive 

Order 12866, entitled ‘‘Regulatory 

Planning and Review’’ (58 FR 51735, 

October 4, 1993). Because this action 

has been exempted from review under 

Executive Order 12866, this action is 

not subject to Executive Order 13211, 

entitled ‘‘Actions Concerning 

Regulations That Significantly Affect 

Energy Supply, Distribution, or Use’’ (66 

FR 28355, May 22, 2001), or to 

Executive Order 13045, entitled 

‘‘Protection of Children from 

Environmental Health Risks and Safety 

Risks’’ (62 FR 19885, April 23, 1997). 

This action does not contain any 

information collections subject to OMB 

approval under the Paperwork 

Reduction Act (PRA) (44 U.S.C. 3501 et 

seq.), nor does it require any special 

considerations under Executive Order 

12898, entitled ‘‘Federal Actions to 

Address Environmental Justice in 

Minority Populations and Low-Income 

Populations’’ (59 FR 7629, February 16, 

1994). 

Since tolerances and exemptions that 

are established on the basis of a petition 

under FFDCA section 408(d), such as 

the tolerances in this final rule, do not 

require the issuance of a proposed rule, 

the requirements of the Regulatory 

Flexibility Act (RFA) (5 U.S.C. 601 et 

seq.), do not apply. 

This action directly regulates growers, 

food processors, food handlers, and food 

retailers, not States or Tribes, nor does 

this action alter the relationships or 

distribution of power and 

responsibilities established by Congress 

in the preemption provisions of FFDCA 

section 408(n)(4). As such, the Agency 

has determined that this action will not 

have a substantial direct effect on States 

or Tribal Governments, on the 

relationship between the National 


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Federal Register / Vol. 88, No. 170 / Tuesday, September 5, 2023 / Rules and Regulations 60597 

Government and the States or Tribal 

Governments, or on the distribution of 

power and responsibilities among the 

various levels of government or between 

the Federal Government and Indian 

Tribes. Thus, the Agency has 

determined that Executive Order 13132, 

entitled ‘‘Federalism’’ (64 FR 43255, 

August 10, 1999), and Executive Order 

13175, entitled ‘‘Consultation and 

Coordination with Indian Tribal 

Governments’’ (65 FR 67249, November 

9, 2000), do not apply to this action. In 

addition, this action does not impose 

any enforceable duty or contain any 

unfunded mandate as described under 

Title II of the Unfunded Mandates 

Reform Act (UMRA) (2 U.S.C. 1501 et 

seq.). 

This action does not involve any 

technical standards that would require 

Agency consideration of voluntary 

consensus standards pursuant to section 

12(d) of the National Technology 

Transfer and Advancement Act 

(NTTAA) (15 U.S.C. 272 note). 

VII. Congressional Review Act 

Pursuant to the Congressional Review 

Act (5 U.S.C. 801 et seq.), EPA will 

submit a report containing this rule and 

other required information to the U.S. 

Senate, the U.S. House of 

Representatives, and the Comptroller 

General of the United States prior to 

publication of the rule in the Federal 

Register. This action is not a ‘‘major 

rule’’ as defined by 5 U.S.C. 804(2). 

List of Subjects in 40 CFR Part 180 

Environmental protection, 

Administrative practice and procedure, 

Agricultural commodities, Pesticides, 

and pests, Reporting and recordkeeping 

requirements. 

Dated: August 24, 2023. 

Charles Smith, 

Director, Registration Division, Office of 

Pesticide Programs. 

Therefore, for the reasons stated in the 

preamble, EPA is amending 40 CFR 

chapter 1 as follows: 

PART 180—TOLERANCES AND 

EXEMPTIONS FOR PESTICIDE 

CHEMICAL RESIDUES IN FOOD 

■ 1. The authority citation for part 180 

continues to read as follows: 

Authority: 21 U.S.C. 321(q), 346a and 371. 

■ 2. In § 180.635, amend the table 1 to 

paragraph (a) by: 

■ a. Removing the commodity 

‘‘Asparagus’’; 

■ b. Adding in alphabetical order the 

commodity ‘‘Spice group 26’’ 

■ c. Removing the commodity ‘‘Spice, 

subgroup 19B, except black pepper’’; 

and 

■ d. Adding in alphabetical order the 

commodity ‘‘Stalk and stem vegetable 

subgroup 22A’’. 

The additions read as follows: 

§ 180.635 Spinetoram; tolerances for 

residues. 

* * * * * 

TABLE 1 TO PARAGRAPH (a) 

Commodity Parts per 

million 

* * * * * 

Spice group 26 ........................... 1.7 

Stalk and stem vegetable subgroup 22A ............................... 0.4 

* * * * * 

* * * * * 

[FR Doc. 2023–19012 Filed 9–1–23; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 648 

[Docket No. 221026–0227] 

RTID 0648–XD324 

Fisheries of the Northeastern United 

States; Blueline Tilefish Fishery; 2023 

Blueline Tilefish Commercial Quota 

Harvested 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; closure of the 

blueline tilefish commercial fishery. 

SUMMARY: Federal commercial tilefish 

permit holders are prohibited from 

fishing for, catching, possessing, 

transferring or landing blueline tilefish 

in the Tilefish Management Unit for the 

remainder of the 2023 fishing year. This 

action is required when NMFS projects 

that 100 percent of the 2023 total 

allowable landings will be caught by the 

effective date. This action is intended to 

prevent over-harvest of blueline tilefish 

for the fishing year. 

DATES: Effective 0001 hr local time, 

September 5, 2023 through December 

31, 2023. 

FOR FURTHER INFORMATION CONTACT: 

Laura Hansen, Fishery Management 

Specialist, (978) 281–9225. 

SUPPLEMENTARY INFORMATION: 

Regulations for the blueline tilefish 

fishery are at 50 CFR part 648. The 

regulations at § 648.295(b)(2)(ii) require 

that when NMFS projects that blueline 

tilefish catch will reach 100 percent of 

the total allowable landings (TAL), the 

Regional Administrator must close the 

commercial blueline tilefish fishery for 

the remainder of the fishing year. No 

vessel may retain or land blueline 

tilefish in or from the Tilefish 

Management Unit after the announced 

closure date. NMFS monitors the 

blueline tilefish fishery catch based on 

dealer reports, state data, and other 

available information. NMFS must 

publish a notice in the Federal Register 

notifying blueline tilefish vessel and 

dealer permit holders of the closure date 

when 100 percent of the TAL is 

projected to be landed. 

The Regional Administrator has 

determined, based on dealer reports and 

other available information, that the 

blueline tilefish commercial fishery will 

catch 100 percent of the TAL by 

September 5, 2023. Effective 0001 

September 5, 2023, vessels may not 

retain or land blueline tilefish in or from 

the Tilefish Management Unit through 

December 31, 2023. 

Classification 

NMFS issues this action pursuant to 

section 305(d) of the Magnuson-Stevens 

Fishery Conservation and Management 

Act. This action is required by 50 CFR 

part 648, which was issued pursuant to 

section 304(b), and is exempt from 

review under Executive Order 12866. 

NMFS finds good cause pursuant to 5 

U.S.C. 553(b)(B) and 5 U.S.C. 553(d)(3) 

to waive prior notice and the 

opportunity for public comment and the 

delayed effectiveness period because it 

would be contrary to the public interest 

and impracticable. Data and other 

information indicating the blueline 

tilefish commercial fishery will have 

landed 100 percent of the TAL have 

only recently become available. 

Landings data are updated by dealer 

reports dealers on a weekly basis, and 

NMFS monitors data as catch increases 

toward the limit. This action is routine 

and formulaic. The regulations at 

§ 648.295(b)(2)(ii) require such action to 

ensure that blueline tilefish commercial 

vessels do not exceed the 2023 TAL. If 

implementation of this action is 

delayed, the TAL for the 2023 fishing 

year may be exceeded, thereby 

undermining the conservation 

objectives of the Tilefish Fishery 

Management Plan. Also, the public had 

prior notice and full opportunity to 

comment on this process when the 


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