Federal Register / Vol. 88, No. 200 / Wednesday, October 18, 2023 / Rules and Regulations 71775 

The information supporting this 

Executive Order review is contained in 

the docket as part of the Assessment of 

the Potential Costs, Benefits, and Other 

Impacts of the Final Rule. 

K. Congressional Review Act (CRA) 

This action is subject to the CRA, and 

the EPA will submit a rule report to 

each House of the Congress and to the 

Comptroller General of the United 

States. This action is not a ‘‘major rule’’ 

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

List of Subjects in 40 CFR Part 241 

Environmental protection, Air 

pollution control, Non-Hazardous 

Secondary Materials, Waste treatment 

and disposal. 

Michael Regan, 

Administrator. 

For the reasons set forth in the 

preamble, the EPA amends 40 CFR part 

241 as follows: 

PART 241—SOLID WASTES USED AS 

FUELS OR INGREDIENTS IN 

COMBUSTION UNITS 

■ 1. The authority citation for part 241 

continues to read as follows: 

Authority: 42 U.S.C. 6903, 6912, 7429. 

■ 2. Section 241.2 is amended by 

revising the definition of ‘‘Paper 

recycling residuals’’ to read as follows: 

§ 241.2 Definitions. 

* * * * * 

Paper recycling residuals means the 

secondary material generated from the 

recycling of paper, paperboard and 

corrugated containers composed 

primarily of fibers that are too small or 

weak to be used to make new paper and 

paperboard products. Secondary 

material from paper recycling processes 

with a heating value below 6,300 Btu/ 

lb on a dry basis due to excessive nonfiber material content (including 

polystyrene foam, polyethylene film, 

other plastics, waxes, adhesives, dyes 

and inks, clays, starches and other 

coating and filler material) are not paper 

recycling residuals for the purposes of 

this definition. 

* * * * * 

[FR Doc. 2023–22878 Filed 10–17–23; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 230306–0065; RTID 0648– 

XD274] 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Pacific Cod in the 

Bering Sea Subarea of the Bering Sea 

and Aleutian Islands Management Area 

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, except for the 

Community Development Quota 

program (CDQ), in the Bering Sea 

subarea of the Bering Sea and Aleutian 

Islands management area (BSAI). This 

action is necessary to prevent exceeding 

the non-CDQ allocation of the 2023 

Pacific cod total allowable catch (TAC) 

in the Bering Sea subarea of the BSAI. 

DATES: Effective 1200 hrs, Alaska local 

time (A.l.t.), October 16, 2023, through 

2400 hrs, A.l.t., December 31, 2023. 

FOR FURTHER INFORMATION CONTACT: 

Krista Milani, 907–581–2062. 

SUPPLEMENTARY INFORMATION: NMFS 

manages the groundfish fishery in the 

BSAI according to the Fishery 

Management Plan for Groundfish of the 

Bering Sea and Aleutian Islands 

Management Area (FMP) prepared by 

the North Pacific Fishery Management 

Council under authority of the 

Magnuson-Stevens Fishery 

Conservation and Management Act 

(Magnuson-Stevens 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 non-CDQ allocation of the 2023 

Pacific cod TAC in the Bering Sea 

subarea of the BSAI is 113,776 metric 

tons (mt) as established by the final 

2023 and 2024 harvest specifications for 

groundfish in the BSAI (88 FR 14926, 

March 10, 2023) and correction (88 FR 

18258, March 28, 2023). In accordance 

with § 679.20(d)(1)(i), the 

Administrator, Alaska Region, NMFS, 

has determined that the non-CDQ 

allocation of the 2023 Pacific cod TAC 

in the Bering Sea subarea of the BSAI 

will soon be reached. Therefore, the 

Regional Administrator is establishing a 

directed fishing allowance of 110,976 

mt, and is setting aside the remaining 

2,800 mt as incidental catch in directed 

fishing for other species. 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 in the 

Bering Sea subarea of the BSAI. 

While this closure is effective, the 

maximum retainable amounts at 50 CFR 

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

during a trip. 

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 directed fishing 

closure of non-CDQ Pacific cod in the 

Bering Sea subarea of the BSAI. NMFS 

was unable to publish notice providing 

time for public comment because the 

most recent, relevant data only became 

available as of October 12, 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: October 13, 2023. 

Jennifer M. Wallace, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2023–22958 Filed 10–13–23; 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– 

XD331] 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Pollock in Statistical 

Area 630 in the Gulf of Alaska 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 


ddrumheller on DSK120RN23PROD with RULES1