Federal Register / Vol. 88, No. 191 / Wednesday, October 4, 2023 / Rules and Regulations 68495 

not less than 60 days for public 

comment. In addition, section 553(d) of 

the APA and section 1871(e)(1)(B)(i) of 

the Act mandate a 30-day delay in 

effective date after issuance or 

publication of a rule. Sections 553(b)(B) 

and 553(d)(3) of the APA provide for 

exceptions from the APA notice and 

comment, and delay in effective date 

requirements; in cases in which these 

exceptions apply, sections 1871(b)(2)(C) 

and 1871(e)(1)(B)(ii) of the Act provide 

exceptions from the notice and 60-day 

comment period and delay in effective 

date requirements of the Act as well. 

Section 553(b)(B) of the APA and 

section 1871(b)(2)(C) of the Act 

authorize an agency to dispense with 

normal notice and comment rulemaking 

procedures for good cause if the agency 

makes a finding that the notice and 

comment process is impracticable, 

unnecessary, or contrary to the public 

interest, and includes a statement of the 

finding and the reasons for it in the rule. 

In addition, section 553(d)(3) of the 

APA and section 1871(e)(1)(B)(ii) of the 

Act allow the agency to avoid the 30- 

day delay in effective date where the 

agency finds that such delay is contrary 

to the public interest and the agency 

includes in the rule a statement of the 

finding and the reasons for it. 

In our view, this correcting document 

does not constitute a rulemaking that 

would be subject to these requirements. 

This document merely corrects 

technical errors in the FY 2024 IRF final 

rule. The corrections contained in this 

document are consistent with, and do 

not make substantive changes to, the 

policies and payment methodologies 

that were proposed, subject to notice 

and comment procedures, and adopted 

in the FY 2024 IRF final rule. As a 

result, the corrections made through this 

correcting document are intended to 

resolve inadvertent errors so that the 

rule accurately reflects the policies 

adopted in the final rule. Even if this 

were a rulemaking to which the notice 

and comment and delayed effective date 

requirements applied, we find that there 

is good cause to waive such 

requirements. Undertaking further 

notice and comment procedures to 

incorporate the corrections in this 

document into the FY 2024 IRF final 

rule or delaying the effective date of the 

corrections would be contrary to the 

public interest because it is in the 

public interest to ensure that the rule 

accurately reflects our policies as of the 

date they take effect. Further, such 

procedures would be unnecessary 

because we are not making any 

substantive revisions to the final rule, 

but rather, we are simply correcting the 

Federal Register document to reflect the 

policies that we previously proposed, 

received public comment on, and 

subsequently finalized in the final rule. 

For these reasons, we believe there is 

good cause to waive the requirements 

for notice and comment and delay in 

effective date. 

IV. Correction of Errors in the Preamble 

In FR Doc. 2023–16050 of August 2, 

2023 (88 FR 50956), make the following 

corrections: 

1. On page 50978, second column, last 

full paragraph, line 28, the percentage 

that reads ‘‘97 percent’’ is corrected to 

read ‘‘96 percent’’. 

2. On page 51017, second column, 

first full paragraph: 

a. Line 29, the measure name that 

reads ‘‘Discharge in Mobility Score’’ is 

corrected to read ‘‘Discharge Mobility 

Score’’. 

b. Line 30, the measure name that 

reads ‘‘Discharge in Self-Care Score’’ is 

corrected to read ‘‘Discharge Self-Care 

Score’’. 

3. On page 51020, third column, 

second full paragraph: 

a. Lines 25 and 26, the measure name 

that reads ‘‘Discharge in Mobility Score’’ 

is corrected to read ‘‘Discharge Mobility 

Score’’. 

b. Line 26, the measure name that 

reads ‘‘Discharge in Self-Care Score’’ is 

corrected to read ‘‘Discharge Self-Care 

Score’’. 

4. On page 51025, second column, 

first partial paragraph: 

a. Lines 3 and 4, the measure name 

that reads ‘‘Discharge in Mobility Score’’ 

is corrected to read ‘‘Discharge Mobility 

Score’’. 

b. Line 14, the measure name that 

reads ‘‘Discharge in Mobility Score’’ is 

corrected to read ‘‘Discharge Mobility 

Score’’. 

5. On page 51040, third column, 

second to last full paragraph, line 9, the 

public display date of the Transfer of 

Health (TOH) Information to the 

Provider and TOH Information to the 

Patient measure that reads ‘‘September 

2025’’ is corrected to read ‘‘September 

2024’’. 

6. On page 51048, Table 21 ‘‘titled 

‘‘IRF Impact for FY 2024 (Columns 4 

through 7 in percentage)’’, row 29, 

column 7, the Total Percent change that 

reads ‘‘3.9’’ is corrected to read ‘‘4.0’’. 

Wilma Robinson, 

Deputy Executive Secretary, Department of 

Health and Human Services. 

[FR Doc. 2023–22051 Filed 9–29–23; 4:15 pm] 

BILLING CODE 4120–01–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 622 

[Docket No. 230427–0115; RTID 0648– 

XD439] 

Fisheries of the Caribbean, Gulf of 

Mexico, and South Atlantic; Reef Fish 

Resources of the Gulf of Mexico; 2023 

Recreational Harvest Closure for Gag 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; closure. 

SUMMARY: NMFS implements an 

accountability measure (AM) for the 

recreational harvest of gag in the 

exclusive economic zone (EEZ) of the 

Gulf of Mexico (Gulf) for the 2023 

fishing year. NMFS has projected that 

the 2023 recreational annual catch limit 

(ACL) for gag will be reached by October 

19, 2023. Therefore, NMFS closes the 

recreational sector for gag to protect the 

gag resource. 

DATES: This temporary rule is effective 

from 12:01 a.m. local time on October 

19, 2023, through December 31, 2023. 

FOR FURTHER INFORMATION CONTACT: Dan 

Luers, NMFS Southeast Regional Office, 

telephone: 727–551–5719, email: 

daniel.luers@noaa.gov. 

SUPPLEMENTARY INFORMATION: NMFS 

manages the Gulf reef fish fishery and 

gag under the Fishery Management Plan 

for the Reef Fish Resources of the Gulf 

of Mexico (FMP). The FMP was 

prepared by the Gulf of Mexico Fishery 

Management Council (Council) and is 

implemented by NMFS under the 

authority of the Magnuson-Stevens 

Fishery Conservation and Management 

Act (Magnuson-Stevens Act) through 

regulations at 50 CFR part 622. All 

weights described in this temporary rule 

are in gutted weight. 

On May 3, 2023, NMFS implemented 

a final temporary rule for gag in the Gulf 

EEZ (88 FR 27701, May 3, 2023). That 

2023 temporary rule resulted from a 

2021 gag stock assessment and 

determination that the stock is 

overfished and is undergoing 

overfishing, and a subsequent request 

from the Council for NMFS to 

implement interim measures gag during 

the 2023 fishing year. The purpose of 

the requested interim measures and the 

2023 temporary rule was to reduce 

overfishing of gag while long-term 

management measures are developed in 

Amendment 56 to the FMP. The 


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68496 Federal Register / Vol. 88, No. 191 / Wednesday, October 4, 2023 / Rules and Regulations 

effective period of the 2023 temporary 

rule is 180 days and would end after 

October 29, 2023. However, NMFS 

intends to extend the interim measures 

for an additional 186 days. 

The interim measures reduced 

commercial and recreational catch 

limits for gag and revised the opening of 

the recreational season from June 1, 

2023, to September 1, 2023. Under the 

interim measures, gag has a recreational 

ACL of 403,759 lb (183,142 kg) and a 

recreational annual catch target (ACT) of 

362,374 lb (164,370 kg). The 2023 

recreational season for gag was 

scheduled to be open through November 

9, unless NMFS projected that the 

recreational ACL will be reached sooner 

and closes the recreational sector as 

required by the AMs specified in 50 

CFR 622.41(r)(2). 

NMFS projects that recreational 

landings of gag from the Gulf EEZ will 

reach the recreational ACL on October 

19, 2023. Accordingly, this temporary 

rule closes the recreational harvest of 

gag in or from the Gulf EEZ from 

October 19 through the end of the 

fishing year, December 31, 2023. 

During the recreational closure, the 

bag and possession limits of gag in or 

from the Gulf EEZ are zero. The 

prohibition on possession of gag also 

applies in state waters of the Gulf for 

any vessel issued a valid Federal charter 

vessel/headboat permit for Gulf reef 

fish. 

Classification 

NMFS issues this action pursuant to 

section 305(d) of the Magnuson-Stevens 

Act. This action is required by 50 CFR 

622.41(r)(2)(i), which was issued 

pursuant to section 304(b) of the 

Magnuson-Stevens Act, 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 are 

unnecessary and contrary to the public 

interest. Such procedures are 

unnecessary because the regulations 

associated with the closure of 

recreational harvest of gag at 50 CFR 

622.41(r)(2)(i) have already been subject 

to notice and public comment, and all 

that remains is to notify the public of 

the closure. Prior notice and 

opportunity for public comment are 

contrary to the public interest, because 

there is a need to immediately 

implement this action to protect the gag 

stock. Prior notice and opportunity for 

public comment would require time and 

could result in a harvest well in excess 

of the established ACL. In addition, 

many charter vessel and headboat 

businesses reserve trips for clients in 

advance and require as much notice as 

NMFS is able to provide to adjust their 

business plans to account for changes to 

the recreational fishing season. 

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. 

Jennifer M. Wallace, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2023–22054 Filed 9–29–23; 4:15 pm] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 622 

[Docket No. 121004515–3608–02; RTID 

0648–XD408] 

Fisheries of the Caribbean, Gulf of 

Mexico, and South Atlantic; ReOpening of the Commercial Sector for 

Red Snapper in the South Atlantic 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; re-opening. 

SUMMARY: NMFS announces the reopening of the commercial sector for red 

snapper in the exclusive economic zone 

(EEZ) of the South Atlantic through this 

temporary rule. The most recent data for 

commercial landings of red snapper 

indicate the commercial annual catch 

limit (ACL) for the 2023 fishing year has 

not yet been reached. Therefore, NMFS 

re-opens the commercial sector to 

harvest red snapper in the South 

Atlantic EEZ for 4 days. The purpose of 

this temporary rule is to allow for the 

red snapper commercial ACL to be 

harvested while minimizing the risk of 

exceeding the commercial ACL. 

DATES: This temporary rule is effective 

from 12:01 a.m. eastern time on October 

6, 2023, until 12:01 a.m. eastern time 

October 10, 2023. 

FOR FURTHER INFORMATION CONTACT: 

Mary Vara, NMFS Southeast Regional 

Office, telephone: 727–824–5305, email: 

mary.vara@noaa.gov. 

SUPPLEMENTARY INFORMATION: The 

snapper-grouper fishery of the South 

Atlantic includes red snapper and is 

managed under the Fishery 

Management Plan for the SnapperGrouper Fishery of the South Atlantic 

Region (FMP). The FMP was prepared 

by the South Atlantic Fishery 

Management Council (Council) and is 

implemented by NMFS under the 

authority of the Magnuson-Stevens 

Fishery Conservation and Management 

Act (Magnuson-Stevens Act) by 

regulations at 50 CFR part 622. All 

weights in this temporary rule are given 

in round weight. 

The commercial ACL for red snapper 

in the South Atlantic is 124,815 lb 

(56,615 kg) as specified at 50 CFR 

622.193(y)(1). 

Under 50 CFR 622.193(y)(1), NMFS is 

required to close the commercial sector 

for red snapper when the commercial 

ACL is reached, or is projected to be 

reached, by filing a notification to that 

effect with the Office of the Federal 

Register. For the 2023 fishing year, 

NMFS had already projected that 

commercial landings of red snapper 

would reach the commercial ACL on 

August 18, 2023, and therefore closed 

commercial harvest for the rest of the 

2023 fishing year on that date (88 FR 

55585, August 16, 2023). However, a 

recent update of commercial landings 

data indicates that the commercial ACL 

for red snapper was not reached on 

August 18, 2023. 

In accordance with 50 CFR 622.8(c), 

NMFS temporarily re-opens the 

commercial sector for red snapper on 

October 6, 2023. The commercial sector 

will be open for 4 days or through 

October 9, 2023, to allow for the 

commercial ACL to be reached. The 

commercial sector will close again on 

October 10, 2023, and remain closed 

through December 31, 2023. For the 

2024 fishing year, unless otherwise 

specified, the commercial season will 

begin on the second Monday in July (50 

CFR 622.183(b)(5)(i)). NMFS has 

determined that this re-opening will 

allow for an additional opportunity to 

commercially harvest red snapper while 

reducing the risk of exceeding the 

commercial ACL. 

The operator of a vessel with a valid 

Federal commercial vessel permit for 

South Atlantic snapper-grouper having 

red snapper on board must have landed 

and bartered, traded, or sold such red 

snapper prior to 12:01 a.m., eastern 

time, on October 10, 2023. During the 

subsequent commercial closure from 

October 10, 2023, through December 31, 

2023, all sale or purchase of red snapper 

is prohibited. Because the recreational 

sector closed on July 16, 2023 (88 FR 

33838, May 25, 2023), after the 

commercial closure that is effective on 

October 10, 2023, all harvest and 

possession of red snapper in or from the 

South Atlantic EEZ is prohibited for the 

remainder of the 2023 fishing year. 


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