Federal Register / Vol. 88, No. 193 / Friday, October 6, 2023 / Rules and Regulations 69553 

TABLE 1 TO § 102.3—CIVIL MONETARY PENALTY AUTHORITIES ADMINISTERED BY HHS—Continued 

U.S.C. section(s) CFR 1 HHS 

agency Description 2

Date of last 

penalty 

figure or 

adjustment 3

2022 

Maximum 

adjusted 

penalty 

($) 

2023 

Maximum 

adjusted 

penalty 

($) 4

45 CFR 79.3(b)(1)(ii) ....... HHS Penalty against any individual who— 

with knowledge or reason to know— 

makes, presents or submits a false, 

fictitious or fraudulent claim to the 

Department.

2022 11,507 12,398 

1Some HHS components have not promulgated regulations regarding their civil monetary penalty-specific statutory authorities. 

2The description is not intended to be a comprehensive explanation of the underlying violation; the statute and corresponding regulation, if applicable, should be 

consulted. 3Statutory or Inflation Act Adjustment. 

4OMB Memorandum M–16–06, Implementation of the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015, published February 24, 2016, 

guided agencies on initial ‘‘catch-up’’ adjustment requirements, and M–17–11, Implementation of the 2017 annual adjustment pursuant to the Federal Civil Penalties 

Inflation Adjustment Act Improvements Act of 2015, published December 16, 2016; followed by M–18–03, M–19–04, M–20–05, M–21–10, M–22–07, and M–23–05 

guided agencies on annual adjustment requirements 5OMB Circular A–136, Financial Reporting Requirements, Section II.4.9, directs that agencies must make annual inflation adjustments to civil monetary penalties 

and report on the adjustments in the Agency Financial Report (AFR) or Performance and Accountability Report (PAR). 6Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015, § 701(b)(1)(A) (codified as amended at 28 U.S.C. 2461 note). 

7Annual inflation adjustments are based on the percent change between each published October’s CPI–U. In this case, October 2022 CPI–U (298.012) / October 

2021 CPI–U (276.589) = 1.07745. 

Dated: October 2, 2023. 

Xavier Becerra, 

Secretary, Department of Health and Human 

Services. 

[FR Doc. 2023–22264 Filed 10–5–23; 8:45 am] 

BILLING CODE 4150–24–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 622 

[Docket No. 230427–0115] 

RIN 0648–BL89 

Fisheries of the Caribbean, Gulf of 

Mexico, and South Atlantic; Reef Fish 

Resources of the Gulf of Mexico; 

Temporary Measures To Reduce 

Overfishing of Gag 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; interim 

measures extended. 

SUMMARY: NMFS issues this temporary 

rule to extend the expiration date of 

interim measures to reduce overfishing 

of gag in Federal waters of the Gulf of 

Mexico. This temporary rule extends the 

commercial and recreational harvest 

levels and the revised recreational 

fishing season for gag for an additional 

186 days. The purpose of this temporary 

rule extension is to reduce overfishing 

of gag while NMFS implements 

management measures to end 

overfishing of gag on a permanent basis. 

DATES: As of October 6, 2023, the 

expiration date for the final temporary 

rule published at 88 FR 27701 on May 

3, 2023, is extended from October 30, 

2023, through May 2, 2024, unless 

NMFS publishes a superseding 

document in the Federal Register. 

ADDRESSES: An electronic copy of the 

environmental assessment (EA) 

supporting these temporary measures 

may be obtained from the Southeast 

Regional Office website at https://

www.fisheries.noaa.gov/action/interimaction-reduce-overfishing-gag-gulfmexico. The EA includes a regulatory 

impact review and a Regulatory 

Flexibility Act (RFA) analysis. 

FOR FURTHER INFORMATION CONTACT: Dan 

Luers, NMFS Southeast Regional Office, 

telephone: 727–824–5305, or email: 

daniel.luers@noaa.gov. 

SUPPLEMENTARY INFORMATION: The reef 

fish fishery in the Gulf of Mexico (Gulf) 

is managed under the Fishery 

Management Plan for the Reef Fish 

Resources of the Gulf (FMP) and 

includes gag and other federally 

managed reef fish species. The FMP was 

prepared by the Gulf of Mexico Fishery 

Management Council (Council) and is 

implemented by NMFS through 

regulations at 50 CFR part 622 under 

authority of the Magnuson-Stevens 

Fishery Conservation and Management 

Act (Magnuson-Stevens Act). 

All weights described in this 

temporary rule are in gutted weight. 

On May 3, 2023, NMFS published the 

final temporary rule for interim 

measures to reduce overfishing of gag in 

Gulf Federal waters (88 FR 27701). The 

final temporary rule reduced the total 

annual catch limit (ACL) for gag to 

661,901 lb (300,233 kg). In addition, the 

final temporary rule specified the 

commercial and recreational ACLs, 

commercial quota, and recreational 

annual catch target (ACT) using the 

existing sector allocations of the total 

ACL of 39 percent commercial and 61 

percent recreational. Therefore, during 

the effectiveness of the final temporary 

rule and this temporary rule extension, 

the commercial ACL and commercial 

quota are 258,000 lb (117,027 kg) and 

199,000 lb (90,265 kg), respectively. The 

recreational ACL and ACT are 403,759 

lb (183,142 kg) and 362,374 lb (164,370 

kg), respectively. 

In addition to the reduced catch limits 

for gag, the final temporary rule changed 

the gag recreational fishing season for 

the 2023 fishing year. This temporary 

rule extension continues the same 

recreational fishing season of September 

1 through November 9, 2023, unless 

NMFS projects that recreational 

landings of gag will reach the 

recreational ACL sooner than November 

9, 2023, and will close the recreational 

sector as required by the accountability 

measures specified in 50 CFR 

622.41(r)(2). 

This temporary rule extension 

continues the measures in the final 

temporary rule unchanged for an 

additional 186 days, unless this 

temporary rule extension is superseded 

by subsequent rulemaking. The purpose 

of these interim measures is to reduce 

the overfishing of gag in Gulf Federal 

waters while NMFS implements longterm management measures to end 

overfishing and rebuild the Gulf gag 

stock. 

Amendment 56 was approved by the 

Council at the June 2023 meeting and 

includes management measures to end 

overfishing of gag on a long-term basis. 

NMFS is currently reviewing 

Amendment 56 and developing the 

proposed rule for Amendment 56 and, 

if approved, expects to implement a 

final rule before the expiration of the 

interim measures in this temporary rule 

extension in the 2024 fishing year. 


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69554 Federal Register / Vol. 88, No. 193 / Friday, October 6, 2023 / Rules and Regulations 

Section 305(c)(2) of the MagnusonStevens Act provides the Council the 

authority to request interim measures, if 

necessary, to reduce overfishing. The 

Council sent a letter to NMFS, dated 

June 18, 2022, requesting that NMFS 

implement interim measures to 

immediately reduce overfishing of gag 

while long-term management measures 

were developed to end overfishing of 

gag. Section 305(c)(3)(B) of the 

Magnuson-Stevens Act allows for 

interim measures to be extended for one 

additional period of 186 days provided 

that the public has had an opportunity 

to comment on the interim measures 

and that the Council is actively 

preparing an FMP amendment to 

address the overfishing on a permanent 

basis. NMFS published in the Federal 

Register a proposed temporary rule on 

February 3, 2023, and requested public 

comments on these interim measures 

(88 FR 7388). NMFS responded to 

public comments in the final temporary 

rule that was published in the Federal 

Register on May 3, 2023 (88 FR 27701). 

Classification 

This action is issued pursuant to 

section 305(c) of the Magnuson-Stevens 

Act, 16 U.S.C. 1855(c). The NMFS 

Assistant Administrator has determined 

that this temporary rule extension is 

consistent with the Magnuson-Stevens 

Act and other applicable law. 

This temporary rule extension has 

been determined to be not significant for 

purposes of Executive Order 12866. 

This temporary rule extension is 

exempt from the procedures of the RFA, 

because this temporary rule extension is 

issued without the opportunity for prior 

notice and public comment. 

NMFS prepared an EA for the interim 

measures contained in the January 2, 

2018, final temporary rule (83 FR 65). 

The EA analyzed the impacts of reduced 

commercial and recreational harvest 

and the change to the 2023 recreational 

season through the 2023 fishing year, 

which includes the impacts related to 

extending the interim measures. If 

additional management measures are 

not implemented after the extension 

expires, the recreational season would 

open on June 1, 2024, and the 

commercial and recreational catch 

limits would increase to the levels in 

place prior to the final temporary rule. 

Impacts during the 2024 fishing year 

would be a result of the implementation 

of the management measures included 

in Amendment 56, which are 

considered in the EA supporting that 

amendment. Therefore, the impacts of 

extending the interim measures through 

this temporary rule have already been 

considered. An electronic copy of the 

EA supporting the interim measures is 

available from NMFS (see the 

ADDRESSES section). 

This temporary rule extension 

contains no information collection 

requirements under the Paperwork 

Reduction Act of 1995. 

Pursuant to the authority set forth in 

5 U.S.C. 553(b)(B), there is good cause 

to waive the requirements to provide 

prior notice and opportunity for public 

comment on this action as such 

procedures for this temporary rule 

extension are unnecessary and contrary 

to the public interest. Such procedures 

are unnecessary because NMFS already 

published a proposed temporary rule on 

February 3, 2023, and requested public 

comments on these interim measures, 

including their potential extension. 

NMFS responded to public comments in 

the final temporary rule published on 

May 3, 2023. This temporary rule 

extension continues the interim 

measures unchanged for up to an 

additional 186 days. 

Additional notice and opportunity for 

public comment are contrary to the 

public interest because of the need to 

continue these interim measures 

without interruption to protect the gag 

stock until NMFS can implement 

management measures to end 

overfishing and rebuild the Gulf gag 

stock. Prior notice and opportunity for 

public comment would require 

additional time and could result in an 

interruption of the interim measures 

and, therefore, allow harvest in excess 

of the catch limits implemented by this 

temporary rule extension. Increased 

harvest of gag would be inconsistent 

with the purpose of implementing the 

interim measures under section 305(c) 

of the of the Magnuson-Stevens Act, 

which is to reduce overfishing while 

permanent measures can be developed 

and implemented. 

For the reasons just stated, there is 

also good cause to waive the 30-day 

delay in the effectiveness of this action 

under 5 U.S.C. 553(d)(3). 

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

Dated: September 29, 2023. 

Samuel D. Rauch, III, 

Deputy Assistant Administrator for 

Regulatory Programs, National Marine 

Fisheries Service. 

[FR Doc. 2023–22263 Filed 10–5–23; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 665 

[RTID 0648–XD434] 

Pacific Island Fisheries; 2023 

Northwestern Hawaiian Islands 

Lobster Harvest Guideline 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notification of lobster harvest 

guideline. 

SUMMARY: NMFS establishes the annual 

harvest guideline for the commercial 

lobster fishery in the Northwestern 

Hawaiian Islands (NWHI) for calendar 

year 2023 at zero lobsters. 

DATES: October 6, 2023. 

FOR FURTHER INFORMATION CONTACT: 

Keith Kamikawa, NMFS PIRO 

Sustainable Fisheries, 808–725–5177. 

SUPPLEMENTARY INFORMATION: NMFS 

manages the NWHI commercial lobster 

fishery under the Fishery Ecosystem 

Plan for the Hawaiian Archipelago. The 

regulations at 50 CFR 665.252(b) require 

NMFS to publish an annual harvest 

guideline for lobster Permit Area 1, 

comprised of Federal waters around the 

NWHI. 

Regulations governing the 

Papahanaumokuakea Marine National 

Monument in the NWHI prohibit the 

unpermitted removal of monument 

resources (50 CFR 404.7), and establish 

a zero annual harvest guideline for 

lobsters (50 CFR 404.10(a)). 

Accordingly, NMFS establishes the 

harvest guideline for the NWHI 

commercial lobster fishery for calendar 

year 2023 at zero lobsters. Harvest of 

NWHI lobster resources is not allowed. 

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

Dated: October 3, 2023. 

Jennifer M. Wallace, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2023–22288 Filed 10–5–23; 8:45 am] 

BILLING CODE P 


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