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 


ddrumheller on DSK120RN23PROD with RULES1
60598 Federal Register / Vol. 88, No. 170 / Tuesday, September 5, 2023 / Rules and Regulations 

provisions regarding closures and the 

2023 quota levels were put in place. 

Authority: 16 U.S.C. 1801 et seq. 

Dated: August 30, 2023. 

Jennifer M. Wallace, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2023–19101 Filed 8–30–23; 4:15 pm] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 230224–0053; RTID 0648– 

XD305] 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Pacific Cod by 

Catcher Vessels Using Trawl Gear in 

the Central Regulatory Area of the Gulf 

of Alaska 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; closure. 

SUMMARY: NMFS is prohibiting directed 

fishing for Pacific cod by catcher vessels 

using trawl gear in the Central 

Regulatory Area of the Gulf of Alaska 

(GOA). This action is necessary to 

prevent exceeding the 2023 total 

allowable catch of Pacific cod by catcher 

vessels using trawl gear in the Central 

Regulatory Area of the GOA. 

DATES: Effective 1200 hours, Alaska 

local time (A.l.t.), September 1, 2023, 

through 2400 hours, A.l.t., December 31, 

2023. 

FOR FURTHER INFORMATION CONTACT: 

Abby Jahn, 907–586–7228. 

SUPPLEMENTARY INFORMATION: NMFS 

manages the groundfish fishery in the 

GOA exclusive economic zone 

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 MagnusonStevens Fishery Conservation and 

Management Act. Regulations governing 

fishing by U.S. vessels in accordance 

with the FMP appear at subpart H of 50 

CFR part 600 and 50 CFR part 679. 

The 2023 Pacific cod total allowable 

catch (TAC) apportioned to catcher 

vessels using trawl gear in the Central 

Regulatory Area of the GOA not 

participating in the cooperative fishery 

of the Rockfish Program is 4,155 metric 

tons (mt) as established by the final 

2023 and 2024 harvest specifications for 

groundfish in the GOA (88 FR 13238, 

March 2, 2023). 

In accordance with § 679.20(d)(1)(i), 

the Regional Administrator has 

determined that the 2023 Pacific cod 

TAC apportioned to catcher vessels 

using trawl gear in the Central 

Regulatory Area of the GOA will soon 

be reached. Therefore, the Regional 

Administrator is establishing a directed 

fishing allowance of 3,155 mt and is 

setting aside the remaining 1,000 mt as 

bycatch to support other anticipated 

groundfish fisheries. In accordance with 

§ 679.20(d)(1)(iii), the Regional 

Administrator finds that this directed 

fishing allowance has been reached. 

Consequently, NMFS is prohibiting 

directed fishing for Pacific cod by 

catcher vessels using trawl gear in the 

Central Regulatory Area of the GOA. 

While this closure is effective the 

maximum retainable amounts at 

§ 679.20(e) and (f) apply at any time 

during a trip. This closure does not 

apply to fishing by vessels participating 

in the cooperative fishery of the 

Rockfish Program for the Central GOA. 

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, as it would prevent 

NMFS from responding to the most 

recent fisheries data in a timely fashion 

and would delay the closure of Pacific 

cod by catcher vessels using trawl gear 

in the Central Regulatory Area of the 

GOA. NMFS was unable to publish a 

notice providing time for public 

comment because the most recent, 

relevant data only became available as 

of August 28, 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: August 29, 2023. 

Jennifer M. Wallace, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2023–19018 Filed 8–31–23; 8:45 am] 

BILLING CODE 3510–22–P 


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