71520 Federal Register / Vol. 88, No. 199 / Tuesday, October 17, 2023 / Proposed Rules 

under the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.); 

• Does not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4); 

• Does not have federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• Is not subject to Executive Order 

13045 (62 FR 19885, April 23, 1997) 

because it proposes to approve a state 

program; 

• Is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); and 

• Is not subject to requirements of 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) because 

application of those requirements would 

be inconsistent with the Act. 

In addition, the SIP is not approved 

to apply on any Indian reservation land 

or in any other area where the EPA or 

an Indian tribe has demonstrated that a 

tribe has jurisdiction. In those areas of 

Indian country, the rule does not have 

tribal implications and will not impose 

substantial direct costs on tribal 

governments or preempt tribal law as 

specified by Executive Order 13175 (65 

FR 67249, November 9, 2000). 

Executive Order 12898 (Federal 

Actions To Address Environmental 

Justice in Minority Populations and 

Low-Income Populations, 59 FR 7629, 

Feb. 16, 1994) directs Federal agencies 

to identify and address 

‘‘disproportionately high and adverse 

human health or environmental effects’’ 

of their actions on minority populations 

and low-income populations to the 

greatest extent practicable and 

permitted by law. EPA defines 

environmental justice (EJ) as ‘‘the fair 

treatment and meaningful involvement 

of all people regardless of race, color, 

national origin, or income with respect 

to the development, implementation, 

and enforcement of environmental laws, 

regulations, and policies.’’ EPA further 

defines the term fair treatment to mean 

that ‘‘no group of people should bear a 

disproportionate burden of 

environmental harms and risks, 

including those resulting from the 

negative environmental consequences of 

industrial, governmental, and 

commercial operations or programs and 

policies.’’ 

The air agency did not evaluate 

environmental justice considerations as 

part of its SIP submittal; the CAA and 

applicable implementing regulations 

neither prohibit nor require such an 

evaluation. EPA did not perform an EJ 

analysis and did not consider EJ in this 

action. Consideration of EJ is not 

required as part of this action, and there 

is no information in the record 

inconsistent with the stated goal of E.O. 

12898 of achieving environmental 

justice for people of color, low-income 

populations, and Indigenous peoples. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Carbon oxides, 

Incorporation by reference, 

Intergovernmental relations, Nitrogen 

dioxide, Ozone, Reporting and 

recordkeeping requirements, Volatile 

organic compounds. 

Dated: October 3, 2023. 

Martha Guzman Aceves, 

Regional Administrator, Region IX. 

[FR Doc. 2023–22372 Filed 10–16–23; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

50 CFR Part 17 

[Docket No. FWS–R1–ES–2020–0104; 

FF09E22000 FXES11130900000 234] 

RIN 1018–BC98 

Endangered and Threatened Wildlife 

and Plants; Removing Phyllostegia 

glabra var. lanaiensis From the List of 

Endangered or Threatened Plants 

AGENCY: Fish and Wildlife Service, 

Interior. 

ACTION: Proposed rule; withdrawal. 

SUMMARY: We, the U.S. Fish and 

Wildlife Service (Service), withdraw the 

proposal to remove Phyllostegia glabra 

var. lanaiensis from the Federal List of 

Endangered and Threatened Plants 

(List). This withdrawal is based on new 

surveys conducted over the past 3 years 

since completing the 5-year review for 

the species; these surveys have 

identified new suitable habitats 

comprised of native vegetation within 

the former range of P. glabra var. 

lanaiensis. Therefore, we determined 

that additional information is needed 

before concluding that the species is 

extinct. With this withdrawal of the 

proposal, P. glabra var. lanaiensis will 

remain on the List as endangered. 

Elsewhere in this issue of the Federal 

Register, we publish a final rule 

removing 21 species that were part of 

our September 30, 2021, proposed rule. 

DATES: The proposal to remove P. glabra 

var. lanaiensis from the Federal List of 

Endangered and Threatened Plants, 

which published on September 30, 2021 

(86 FR 54298), is withdrawn on October 

17, 2023. 

ADDRESSES: Relevant documents used in 

the preparation of this withdrawal are 

available on the internet at https://

www.regulations.gov at Docket No. 

FWS–R1–ES–2020–0104. 

FOR FURTHER INFORMATION CONTACT: Earl 

Campbell, Field Supervisor, Pacific 

Islands Fish and Wildlife Office (see 

ADDRESSES); telephone 808–792–9400; 

facsimile 505–346–2542. Individuals in 

the United States who are deaf, 

deafblind, hard of hearing, or have a 

speech disability may dial 711 (TTY, 

TDD, or TeleBraille) to access 

telecommunications relay services. 

Individuals outside the United States 

should use the relay services offered 

within their country to make 

international calls to the point-ofcontact in the United States. 

SUPPLEMENTARY INFORMATION: 

Previous Federal Actions 

We published a final rule to list 

Phyllostegia glabra var. lanaiensis as an 

endangered species on September 20, 

1991 (56 FR 47686), and P. glabra var. 

lanaiensis was included in the Lanai 

plant cluster recovery plan in 1995 

(USFWS 1995, entire). At the time of 

listing, no wild individuals had been 

seen since 1914, although there was one 

questionable sighting from the 1980s 

that was later considered to be P. glabra 

var. glabra (USFWS 1995, pp. 31–35; 

USFWS 2012, p. 7). Threats included 

habitat degradation and herbivory by 

feral ungulates, the establishment of 

ecosystem-altering invasive plant 

species, and the consequences of small 

population sizes (low numbers) 

(USFWS 1995, p. 56). In 2000, 

designation of critical habitat was 

considered not prudent for P. glabra var. 

lanaiensis because this plant had not 

been observed in the wild in over 20 

years, and no viable genetic material 

was available for recovery efforts (65 FR 

82086; December 27, 2000). Two 5-year 

status reviews have been completed; the 

2012 review (initiated on April 8, 2010; 

see 75 FR 17947) recommended surveys 

within the historical range and within 

suitable habitat on Lanai, with no 

change in status. Despite repeated 

surveys of historical and suitable habitat 

by botanists since 2006, P. glabra var. 

lanaiensis has not been found (Plant 

Extinction Prevention Program (PEPP) 

2012, p. 45; Oppenheimer 2019, in litt.). 

In 2012, PEPP reported that P. glabra 

var. lanaiensis was likely extinct. The 5- 

year status review completed in 2019 

(initiated on February 12, 2016; see 81 


lotter on DSK11XQN23PROD with PROPOSALS1
Federal Register / Vol. 88, No. 199 / Tuesday, October 17, 2023 / Proposed Rules 71521 

FR 7571) recommended delisting due to 

extinction. 

On September 30, 2021, we published 

a proposed rule to remove 23 species, 

including P. glabra var. lanaiensis, from 

the Federal Lists of Endangered and 

Threatened Wildlife and Plants (i.e., to 

‘‘delist’’ the species) due to extinction 

(86 FR 54298). At that time, we invited 

the public to comment on the proposal. 

Elsewhere in this issue of the Federal 

Register, we publish a final rule to 

remove 21 of the 23 species included in 

our September 30, 2021, proposed rule 

from the Federal List of Endangered and 

Threatened Wildlife. That final rule’s 

Summary of Changes from the Proposed 

Rule references this rule withdrawing 

the proposed delisting of P. glabra var. 

lanaiensis. 

Supporting Documents 

Prior to publishing the proposed 

delisting rule (86 FR 54298; September 

30, 2021), we conducted a status 

assessment for P. glabra var. lanaiensis. 

The results of this assessment are 

summarized in a species assessment 

form, which represents a compilation of 

the best scientific and commercial data 

available concerning the status of the 

species, including the past, present, and 

future stressors to this species (Service 

2021, entire). 

In accordance with our policy, 

‘‘Notice of Interagency Cooperative 

Policy for Peer Review in Endangered 

Species Act Activities,’’ which was 

published on July 1, 1994 (59 FR 34270) 

and our August 22, 2016, Director’s 

Memorandum ‘‘Peer Review Process,’’ 

we sought the expert opinion of five 

appropriate and independent specialists 

regarding scientific data and 

interpretations contained in the 5-year 

review for P. glabra var. lanaiensis. We 

sent copies of the 5-year review to the 

peer reviewers immediately following 

publication of the proposed rule in the 

Federal Register (86 FR 54298; 

September 30, 2021). The purpose of 

such review is to ensure that our 

decisions are based on scientifically 

sound data, assumptions, and analysis. 

We received feedback from one of the 

five peer reviewers. We have 

incorporated the results of this review, 

as appropriate, into the species 

assessment form and this document. 

Summary of Comments and 

Recommendations 

In the proposed rule published on 

September 30, 2021 (86 FR 54298), we 

requested that all interested parties 

submit written comments on the 

proposal by November 29, 2021. We 

also contacted appropriate State 

agencies, scientific experts and 

organizations, and other interested 

parties and invited them to comment on 

the proposal. A newspaper notice 

inviting the public to provide comments 

was published in USA Today on 

October 8, 2021. All substantive 

information regarding the delisting of P. 

glabra var. lanaiensis that was provided 

during peer review and the comment 

period has been incorporated directly 

into this final determination or into our 

species assessment form, as appropriate, 

or is addressed below. 

Peer Review Comments 

We reviewed all comments we 

received from the peer reviewer for 

substantive issues and new information 

regarding P. glabra var. lanaiensis. The 

peer reviewer provided additional 

information and clarifications on results 

of surveys, which we incorporated into 

the species assessment form and this 

document. 

Public Comments 

We reviewed all public comments 

that we received on the proposed rule 

(86 FR 54298; September 30, 2021). 

While there were many comments that 

discussed other species in the proposed 

rule, there were no comments that 

specifically addressed P. glabra var. 

lanaiensis. We did not receive a request 

for a public hearing for this species. 

Background 

A thorough review of the taxonomy, 

range and distribution, life history, and 

ecology of P. glabra var. lanaiensis is 

presented in the species assessment 

form (Service 2021, entire) and is briefly 

summarized here. Phyllostegia glabra 

var. lanaiensis is a short-lived perennial 

herb. Flowering cycles, pollination 

vectors, seed dispersal agents, longevity, 

specific environmental requirements, 

and limiting factors of P. glabra var. 

lanaiensis remain unknown (USFWS 

1995, p. 19; USFWS 2012, p. 7). P. 

glabra var. lanaiensis was described as 

a variety of P. glabra from specimens 

collected from Lanai by Ballieu, Munro, 

and Mann and Brigham. It differed from 

P. glabra var. glabra in its longer calyx 

(the collection of modified leaves that 

enclose the petals and other parts of a 

flower) (0.3 inches or 10–11 

millimeters) and narrowly lanceolate 

leaves (Wagner et al. 1990, p. 816). No 

taxonomic changes have been made 

since the variety was described in 1934. 

Historically, P. glabra var. lanaiensis 

was known from only two collections 

from Lanai, one from the ‘‘mountains of 

Lanai,’’ and the other from Kaiholena 

Gulch, where it was last collected in 

1914 (USFWS 1991, p. 47688; USFWS 

1995, pp. 31–35; Wagner 1999, p. 269; 

Hawaii Biodiversity and Mapping 

Program 2010, entire). A report of this 

species from the early 1980s in a gulch 

feeding into the back of Maunalei Valley 

probably was erroneous and likely P. 

glabra var. glabra (USFWS 1995, pp. 

31–35; USFWS 2003, p. 1223; Wagner 

1999, p. 269). Very little is known of the 

preferred habitat or associated species of 

P. glabra var. lanaiensis on the island of 

Lanai. It has been observed in lowland 

wet-mesic forest in gulch bottoms and 

sides, often in quite steep areas, in the 

same habitat as the endangered Cyanea 

gibsonii (also known as Cyanea 

macrostegia ssp. gibsonii) (USFWS 

1995, p. 23). 

Regulatory and Analytical Framework 

Section 4 of the Act (16 U.S.C. 1533) 

and the implementing regulations in 

title 50 of the Code of Federal 

Regulations set forth the procedures for 

determining whether a species is an 

endangered species or a threatened 

species, issuing protective regulations 

for threatened species, and designating 

critical habitat for endangered and 

threatened species. In 2019, jointly with 

the National Marine Fisheries Service, 

the Service issued a final rule that 

revised the regulations in 50 CFR part 

424 regarding how we add, remove, and 

reclassify endangered and threatened 

species and the criteria for designating 

listed species’ critical habitat (84 FR 

45020; August 27, 2019). 

Under the Act (16 U.S.C. 1531 et seq.), 

we must review the status of all listed 

species at least once every 5 years. We 

must delist a species if we determine, 

on the basis of the best available 

scientific and commercial data, that the 

species is neither a threatened species 

nor an endangered species. Our 

regulations at 50 CFR 424.11(e) identify 

three reasons why we might determine 

that a listed species is neither an 

endangered species nor a threatened 

species: (1) The species is extinct; (2) 

the species does not meet the definition 

of an endangered species or a threatened 

species; or (3) the listed entity does not 

meet the statutory definition of a 

species. 

In this document to withdraw the 

proposal to delist P. glabra var. 

lanaiensis, we use the commonly 

understood biological definition of 

‘‘extinction’’ as meaning that no living 

individuals of the species remain in 

existence. A determination of extinction 

will be informed by the best available 

information to indicate that no 

individuals of the species remain alive, 

either in the wild or captivity. This is 

in contrast to ‘‘functional extinction,’’ 

where individuals of the species remain 

alive, but the species is no longer viable 


lotter on DSK11XQN23PROD with PROPOSALS1
71522 Federal Register / Vol. 88, No. 199 / Tuesday, October 17, 2023 / Proposed Rules 

and/or no reproduction will occur (e.g., 

any remaining females cannot 

reproduce, only males remain, etc.). 

In our analyses, we attempt to 

minimize the possibility of either (1) 

prematurely determining that the 

species is extinct where individuals 

exist but remain undetected, or (2) 

assuming the species is extant when 

extinction has already occurred. Our 

determination of whether the best 

available information indicates that the 

species is extinct includes an analysis of 

the following criteria: detectability of 

the species, adequacy of survey efforts, 

and time since last detection. All three 

criteria take into account applicable 

aspects of the species’ life history. Other 

lines of evidence may also support the 

determination and be included in our 

analysis. 

In conducting our analysis of whether 

P. glabra var. lanaiensis is extinct, we 

considered and thoroughly evaluated 

the best scientific and commercial data 

available. We reviewed the information 

available in our files, and other 

available published and unpublished 

information, including information from 

recognized experts; Federal, State, and 

Tribal governments; academic 

institutions; foreign governments; 

private entities; and other members of 

the public. 

The 5-year reviews of P. glabra var. 

lanaiensis contain more detailed 

biological information. This supporting 

information can be found on the 

internet at https://www.regulations.gov 

under Docket No. FWS–R1–ES–2020– 

0104. The following information 

summarizes the analysis for P. glabra 

var. lanaiensis. 

Summary of Biological Status and 

Threats 

Information on Detectability, Survey 

Effort, and Time Since Last Detection 

Species Detectability 

Phyllostegia glabra var. lanaiensis is a 

short-lived perennial herb. This taxon 

differs from the other variety by its 

longer calyces and narrowly lanceolate 

leaves, suggesting that flowers should be 

present in order to confirm 

identification. Most congeners (an 

organism belonging to the same 

taxonomic genus as another organism) 

tend to flower year-round, with peak 

flowering from April through June, 

indicating that it would be easier to 

detect and confirm the species during 

this time period. 

Survey Effort 

The PEPP surveys and monitors rare 

plant species on Lanai; botanical 

surveys are conducted on a rotational 

basis, based on the needs for collections 

and monitoring. Opportunistic surveys 

are also conducted when botanists are 

within the known range and suitable 

habitat when other work brings them to 

that area. No observations of P. glabra 

var. lanaiensis have been reported since 

1914. By 2012, PEPP determined that 

this variety was likely extirpated (PEPP 

2012, p. 45), with very little chance of 

rediscovery due to the restricted known 

range, thorough search effort, and extent 

of habitat degradation. However, 

botanists were still searching for this 

taxon on any surveys in or near its last 

known location and other suitable 

habitat, including in January 2019 

(Oppenheimer 2019, in litt.). In 2021, a 

new population for each of two other 

endangered plant taxa, Cyanea lobata 

ssp. baldwinii and C. gibsonii, were 

surprisingly discovered in gulches (deep 

ravines), where these species had not 

recently been known to occur, in small 

pockets of remnant native habitat within 

larger disturbed habitat. C. gibsonii is a 

known associated species of P. glabra 

var. lanaiensis. In January 2022, 

additional pockets of remnant native 

habitat were discovered on the slopes of 

Kaiholena gulch, where P. glabra var. 

lanaiensis had previously been known, 

and new locations for a third 

endangered plant, Pleomele fernaldii, 

were discovered. These pockets were 

observed from afar during survey efforts 

within the gulch bottom, and additional 

surveys are needed to identify and 

search these pockets within the lowland 

wet-mesic forest in this area, as well as 

in adjacent gulches. 

Time Since Last Detection 

All P. glabra identified since 1914 

have been determined to be P. glabra 

var. glabra, and, therefore, P. glabra var. 

lanaiensis has not been detected since 

1914. 

Analysis 

Threats to the species included 

habitat degradation and herbivory by 

feral ungulates such as axis deer (Axis 

axis), the establishment of ecosystemaltering invasive plant species, and the 

consequences of small population sizes. 

Historically, much of the native 

vegetation on Lanai was altered by early 

land practices with the ranching of 

cattle and sheep, clearing for pineapple 

cultivation, and introduction of other 

feral animals such as goats and deer 

(USFWS 1990, pp. 38239–38240). While 

many of these foreign introduced 

animals have been removed from the 

island, habitat degradation and 

predation due to animals such as axis 

deer remain a threat. 

Since the 1990s, several species of 

exotic plants have become common on 

the summit and in the gulches and 

valleys of Lanai. Strawberry guava 

(Psidium cattleianum) is most common 

on the northern end of Lanaihale (the 

highest point of the island of Lanai), 

firebush (Myrica faya) is most common 

on the south end, and manuka 

(Leptospermum scoparium) has spread 

throughout the island (USFWS 2020, p. 

11). Kahili ginger (Hedychium 

gardnerianum) is common on some of 

the valley floors, as in Kaiholena Gulch, 

for instance, while koa haole (Leucaena 

leucocephala), lantana (Lantana 

camara), and sourbush (Pluchea 

carolinensis) also are aggressive 

invaders. These weedy plants are more 

aggressive than the native species and 

more successfully compete for water, 

minerals, space, and light. In the drier 

areas, broomsedge (Andropogon 

virginicus) and Guinea grass 

(Megathyrsus maximus) are the 

dominant exotic species (USFWS 2020, 

p. 11). Not only do these species replace 

native plants, but they are a source of 

fuel, increasing the potential threat of 

fire in the area. 

Despite repeated surveys of historical 

and suitable habitat by botanists from 

2006 through 2019, P. glabra var. 

lanaiensis has not been found since 

1914 (PEPP 2012, p. 45; Oppenheimer 

2019, in litt.). In 2012, PEPP reported 

that P. glabra var. lanaiensis was likely 

extinct. In 2019, the species was 

included on the list of possibly extinct 

Hawaiian vascular plant taxa (Wood et 

al. 2019, p. 11). Since 2019, however, 

new surveys have indicated that several 

endangered species have persisted in 

small pockets of remnant native forest 

within largely degraded habitat. Due to 

the presence and location of these 

pockets, as well as the associated 

species observed to date, we conclude 

that additional surveys should be 

conducted for this taxon. 

Summary of Analysis 

At the time of its listing in 1991, P. 

glabra var. lanaiensis had not been 

detected in over 75 years. Since its last 

detection in 1914, botanical surveys 

have not detected the species. Available 

information indicates that, while there 

are currently no known individuals of 

the species, suitable habitat consisting 

of small patches of native forest on steep 

slopes of gulches may provide refuge for 

individuals of this taxon. These small 

remnant native forest patches, 

especially in steeper locations along 

slopes of gulches where this taxon had 

previously been observed, may offer 

some escape from direct feral ungulate 

damage when animals cannot traverse 


lotter on DSK11XQN23PROD with PROPOSALS1
Federal Register / Vol. 88, No. 199 / Tuesday, October 17, 2023 / Proposed Rules 71523 

some small, extremely steep microsites. 

Additional surveys are needed for this 

taxon before we can conclude it is 

extinct. Therefore, we are withdrawing 

our proposed rule to remove P. glabra 

var. lanaiensis from the List of 

Endangered and Threatened Plants. 

References Cited 

A complete list of references cited in 

this document is available on the 

internet at https://www.regulations.gov 

at Docket No. FWS–R1–ES–2020–0104 

and upon request from the Pacific 

Islands Fish and Wildlife Office (see FOR

FURTHER INFORMATION CONTACT). 

Authors 

The primary authors of this document 

are the staff members of the Branch of 

Delisting and Foreign Species, 

Ecological Services Program, and Pacific 

Islands Fish and Wildlife Office. 

Authority 

The authority for this action is the 

Endangered Species Act of 1973, as 

amended (16 U.S.C. 1531 et seq.). 

Martha Williams, 

Director, U.S. Fish and Wildlife Service. 

[FR Doc. 2023–22376 Filed 10–16–23; 8:45 am] 

BILLING CODE 4333–15–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 223 

[Docket No. 230802–0182] 

RIN 0648–BL87 

Endangered and Threatened Wildlife 

and Plants; Proposed Protective 

Regulations for the Threatened 

Banggai Cardinalfish (Pterapogon 

Kauderni); Extension of Comment 

Period 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Proposed rule; extension of 

comment period. 

SUMMARY: We, NMFS, are extending the 

public comment period by 60 days for 

our proposed rule to promulgate 

protective regulations for the Banggai 

cardinalfish (Pterapogon kauderni). The 

end of the public comment period is 

extended from October 16, 2023, to 

December 15, 2023. 

DATES: The comment period for the 

proposed rule to promulgate protective 

regulations for the Banggai cardinalfish 

under the Endangered Species Act 

(ESA), published on August 15, 2023 

(88 FR 55431), is extended from October 

16, 2023, to December 15, 2023. 

Comments received after December 15, 

2023, may not be accepted. 

A virtual public hearing on the 

proposed rule will be held at a later date 

and notice of the date and time of any 

such hearing will be published in the 

Federal Register not less than 15 days 

before the hearing is held. 

ADDRESSES: You may submit comments, 

identified by NOAA–NMFS–2023–0099, 

by Electronic Submissions: Submit all 

electronic public comments via the 

Federal eRulemaking Portal https://

www.regulations.gov and enter NOAA– 

NMFS–2023–0099 in the Search box. 

Click on the ‘‘Comment’’ icon, complete 

the required fields, and enter or attach 

your comments. 

Instructions: Comments sent by any 

other method, to any other address or 

individual, or received after the end of 

the comment period, may not be 

considered by NMFS. All comments 

received are a part of the public record 

and will generally be posted for public 

viewing on https://www.regulations.gov 

without change. All Personal Identifying 

Information (e.g., name, address, etc.) 

voluntarily submitted by the commenter 

may be publicly accessible. Do not 

submit Confidential Business 

Information or otherwise sensitive or 

protected information. 

We will accept anonymous comments 

(enter N/A in the required fields if you 

wish to remain anonymous). 

Attachments to electronic comments 

will be accepted in Microsoft Word, 

Excel, or Adobe PDF file formats only. 

FOR FURTHER INFORMATION CONTACT: 

Celeste Stout, NMFS, Office of Protected 

Resources, celeste.stout@noaa.gov, (301) 

427–8436; Erin Markin, NMFS, Office of 

Protected Resources, erin.markin@

noaa.gov, (301) 427–8416. 

SUPPLEMENTARY INFORMATION: On August 

15, 2023, NMFS published a proposed 

rule to promulgate protective 

regulations for the Banggai cardinalfish 

under the ESA (88 FR 55431). In that 

proposed rule, we also announced a 60- 

day public comment period, and an 

option to request a public hearing. On 

September 27, 2023, we received a letter 

requesting a public hearing be held as 

well as a 90-day extension to the public 

comment period. In response, we are 

extending the public comment period 

by another 60 days, and are accepting 

public comments for the proposed rule 

through December 15, 2023. Public 

comments can be submitted as 

described under ADDRESSES. 

Additionally, the date and time of any 

public hearing will be published in the 

Federal Register not less than 15 days 

before the hearing is held. 

Authority: The authority for this action is 

the Endangered Species Act of 1973, as 

amended (16 U.S.C. 1531 et seq.). 

Dated: October 11, 2023. 

Samuel D. Rauch, III, 

Deputy Assistant Administrator for 

Regulatory Programs, National Marine 

Fisheries Service. 

[FR Doc. 2023–22821 Filed 10–12–23; 4:15 pm] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 665 

[Docket No. 231010–0243] 

RIN 0648–BL34 

Pacific Island Fisheries; Modification 

of Seabird Interaction Mitigation 

Measures in the Hawaii Deep-Set 

Longline Fishery 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Proposed rule; request for 

comments. 

SUMMARY: NMFS proposes to modify 

seabird interaction mitigation measures 

to require federally permitted Hawaii 

deep-set longline vessels that set fishing 

gear from the stern to use a tori line 

(bird scaring streamer) in place of the 

currently required thawed, blue-dyed 

bait and strategic offal (fish, fish parts, 

or spent bait) discharge when fishing 

above 23° N latitude. This action is 

expected to improve the overall efficacy 

and operational practicality of required 

seabird mitigation measures by reducing 

seabird bycatch and creating operational 

and administrative efficiency for 

fishermen and NMFS. 

DATES: NMFS must receive comments 

by November 16, 2023. 

ADDRESSES: You may submit comments 

on this proposed rule, identified by 

NOAA–NMFS–2022–0131, by either of 

the following methods: 

• Electronic Submission: Submit all 

electronic comments via the Federal eRulemaking Portal. Go to https://

www.regulations.gov and enter NOAA– 

NMFS–2022–0131 in the Search box, 

click the ‘‘Comment’’ icon, complete the 

required fields, and enter or attach your 

comments. 


lotter on DSK11XQN23PROD with PROPOSALS1