72038 Federal Register / Vol. 88, No. 201 / Thursday, October 19, 2023 / Proposed Rules 

produced at each facility for use as a 

process agent; 

(ii) Records identifying the producer

or importer of the class II controlled 

substance received at each facility for 

use as a process agent by the person; 

(iii) For each facility, copies of the

invoices or receipts documenting the 

sale or other transfer of ownership of 

each class II controlled substance for 

use as a process agent to the person; 

(iv) Dated records identifying the

quantity of each product manufactured 

within each facility by using a class II 

controlled substance as a process agent; 

(v) For each facility, records of the

date and the estimated quantity of any 

spill or release of each class II 

controlled substance used as a process 

agent that equals or exceeds 100 

pounds; 

(vi) For each facility, a description of

the methodology used to measure and 

calculate emissions, and dated records 

of equipment parameters, measured 

data, supporting calculations, and other 

rationale used to validate reported 

emission quantities; 

(vii) For each facility, dated records of

the quantity of each class II controlled 

substance used as a process agent which 

is subsequently transformed or 

destroyed; 

(viii) In the case where class II

controlled substances used as a process 

agent were ultimately transformed by an 

entity other the entity which last used 

the class II controlled substances as a 

process agent, a copy of the person’s 

transformation verification as provided 

under paragraph (e)(3) of this section; 

and 

(ix) In the case where class II

controlled substances used as a process 

agent were ultimately destroyed by an 

entity other the entity which last used 

the class II controlled substances as a 

process agent, a copy of the person’s 

destruction verification, as provided 

under paragraph (e)(5) of this section. 

(4) Reports are no longer required for

process agent use in the year after an 

entity notifies the Administrator that 

they have permanently ceased use of all 

process agents, but the entity must 

continue to comply with all applicable 

recordkeeping requirements. 

■ 6. Add § 82.25 to read as follows: 

§ 82.25 Treatment of data submitted under

this subpart.

(a) Sections 2.201 through 2.215 and

2.301 of this chapter do not apply to 

data submitted under this subpart that 

EPA has determined through 

rulemaking to be either of the following: 

(1) Emission data, as defined in

§ 2.301(a)(2) of this chapter, determined

in accordance with section 114(c) and

307(d) of the Clean Air Act; or

(2) Data not otherwise entitled to

confidential treatment. 

(b) Except as otherwise provided in

paragraph (d) of this section, §§ 2.201 

through 2.208 and 2.301(c) and (d) of 

this chapter do not apply to data 

submitted under this part that EPA has 

determined through rulemaking to be 

entitled to confidential treatment. EPA 

shall treat that information as 

confidential in accordance with the 

provisions of § 2.211 of this chapter, 

subject to paragraph (d) of this section 

and § 2.209 of this chapter. 

(c) Upon receiving a request under 5

U.S.C. 552 for data submitted under this 

part that EPA has determined through 

rulemaking to be entitled to confidential 

treatment, the relevant Agency official 

shall furnish the requestor a notice that 

the information has been determined to 

be entitled to confidential treatment and 

that the request is therefore denied. The 

notice shall include or cite to the 

appropriate EPA determination. 

(d) A determination made through

rulemaking that information submitted 

under this part is entitled to 

confidential treatment shall continue in 

effect unless, subsequent to the 

confidentiality determination through 

rulemaking, EPA takes one of the 

following actions: 

(1) EPA determines through a

subsequent rulemaking that the 

information is emission data or data not 

otherwise entitled to confidential 

treatment; or 

(2) The Office of General Counsel

issues a final determination, based on 

the requirements of 5 U.S.C. 552(b)(4), 

stating that the information is no longer 

entitled to confidential treatment 

because of change in the applicable law 

or newly discovered or changed facts. 

Prior to making such final 

determination, EPA shall afford the 

business an opportunity to submit 

comments on pertinent issues in the 

manner described by §§ 2.204(e) and 

2.205(b) of this chapter. If, after 

consideration of any timely comments 

submitted by the business, the Office of 

General Counsel makes a revised final 

determination that the information is 

not entitled to confidential treatment, 

the relevant agency official will notify 

the business in accordance with the 

procedures described in § 2.205(f)(2) of 

this chapter. 

[FR Doc. 2023–22182 Filed 10–18–23; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 600 

[Docket No. 231013–0247] 

RIN 0648–BL70 

Magnuson-Stevens Act Provisions; 

Prohibition of Commercial Fishing in 

the Northeast Canyons and Seamounts 

Marine National Monument 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Proposed rule; request for 

comments. 

SUMMARY: This action proposes 

regulations for the Northeast Canyons 

and Seamounts Marine National 

Monument (the Monument). This action 

is necessary to conform U.S. fishing 

regulations consistent with Presidential 

Proclamations 9496 and 10287, which 

prohibited commercial fishing in the 

Northeast Canyons and Seamounts 

Marine National Monument and 

directed the Secretaries of Commerce 

and Interior to promulgate regulations 

necessary for the proper care and 

management of the Northeast Canyons 

and Seamounts Marine National 

Monument. The measures herein are 

intended to define the boundary 

coordinates of the Monument area and 

reflect the prohibition on commercial 

fishing in the Magnuson-Stevens Act 

regulations. 

DATES: Comments must be received on 

or before November 20, 2023. 

ADDRESSES: You may submit comments 

on this document, identified by NOAA– 

NMFS–2023–0093, by the following 

method: 

• Electronic Submission: Submit all

electronic public comments via the 

Federal e-Rulemaking Portal. Go to 

https://www.regulations.gov and enter 

NOAA–NMFS–2023–0093 in the Search 

box. Click 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.), 

confidential business information, or 

otherwise sensitive information 


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Federal Register / Vol. 88, No. 201 / Thursday, October 19, 2023 / Proposed Rules 72039 

submitted voluntarily by the sender will 

be publicly accessible. NMFS will 

accept anonymous comments (enter ‘‘N/ 

A’’ in the required fields if you wish to 

remain anonymous). 

FOR FURTHER INFORMATION CONTACT: 

Laura Deighan, Fishery Management 

Specialist, 978–281–9184. 

SUPPLEMENTARY INFORMATION: 

Background 

On September 15, 2016, the 

Monument was designated in the waters 

of the North Atlantic (Presidential 

Proclamation 9496; 81 FR 65161; 

September 21, 2016) to include both a 

Canyons unit and a Seamounts Unit. 

This Proclamation prohibited 

commercial fishing within the 

Monument, with a 7-year exemption for 

the American lobster and Atlantic deepsea red crab fisheries. In June 2020, 

Monument prohibitions were revised 

via Proclamation 10049 (85 FR 35793, 

June 11, 2020) removing commercial 

fishing from the list of prohibited 

activities set forth in the 2016 

Proclamation. Most recently, in October 

2021, Proclamation 10287 (86 FR 57349; 

October 15, 2021) restored commercial 

fishing to the list of prohibited 

activities, providing ‘‘for the prohibition 

of all commercial fishing in the 

Monument, except for red crab and 

American lobster commercial fishing, 

which may be permitted until 

September 15, 2023.’’ 

Proposed Measures 

Consistent with Proclamation 10287 

(68 FR 57349; October 15, 2021) and the 

requirements of the Magnuson-Stevens 

Fishery Conservation and Management 

Act (Magnuson-Stevens Act), this action 

proposes to define the boundary 

coordinates of the Monument area in the 

Magnuson-Stevens Act regulations at 50 

CFR 600.10. Tables 1 and 2 below 

include coordinates for the Canyons and 

Seamounts Units. 

TABLE 1—CANYONS UNIT

COORDINATES

Point N latitude W longitude 

1 .......... 40°31.62′ 68°16.08′ 

2 .......... 40°36.00′ 67°37.68′ 

3 .......... 40°12.42′ 67°34.68′ 

4 .......... 40°7.32′ 68°12.72′ 

1 .......... 40°31.62′ 68°16.08′ 

TABLE 2—SEAMOUNTS UNIT

COORDINATES

Point N latitude W longitude 

1 .......... 40°2.64′ 67°43.32′ 

2 .......... 39°56.34′ (a) 

TABLE 2—SEAMOUNTS UNIT

COORDINATES—Continued 

Point N latitude W longitude 

3 .......... 38°51.90′ (b) 

1 .......... 40°2.64′ 67°43.32′ 

a U.S. exclusive economic zone (EEZ) longitude, approximately 65°56.58′. b U.S. EEZ longitude, approximately 

66°55.86′. 

This rule also proposes to reflect the 

Proclamation’s prohibition on 

commercial fishing within the 

boundaries of the Monument in the 

Magnuson-Stevens Act prohibitions at 

§ 600.725 and clarify that commercial 

fishermen may transit through the 

Monument area if fishing gear is stowed 

and not available for immediate use 

during passage through the Monument. 

We are soliciting public comments on 

the proposed regulations, as 

summarized in this rule. 

Classification 

NMFS is issuing this rule pursuant to 

section 305(d) of the Magnuson-Stevens 

Act to carry out section 303(a)(1)(C). 

This action is necessary to promulgate 

regulations (at § 600.10 and § 600.725) 

to ensure that all fishery management 

plans implemented by the Secretary of 

Commerce are consistent with, and 

conform to, the Proclamations and the 

Antiquities Act by ensuring clearly 

articulated measures that apply to all 

commercial fishing vessels operating in 

the EEZ. The NMFS Assistant 

Administrator has determined that this 

proposed rule is consistent with other 

applicable law, subject to further 

consideration after public comment. 

Because this action serves to bring the 

Magnuson-Stevens Act regulations into 

compliance with Presidential 

Proclamations 9496 and 10287, there is 

no decision-making process for NMFS. 

NMFS has no discretion. As a result, 

there is no decision-making process, no 

alternatives to comply with the 

Proclamations, and no public 

involvement in the decision. There is no 

‘‘proposal’’ for action, as defined in 

section 1501.1(a)(5) of the Council on 

Environmental Quality regulations 

implementing the National 

Environmental Policy Act (NEPA). 

Therefore, NEPA does not apply to this 

action. 

This proposed rule has been 

determined to be significant for 

purposes of Executive Order 12866. 

Regulatory Flexibility Act (RFA) 

The Chief Counsel for Regulation of 

the Department of Commerce certified 

to the Chief Counsel for Advocacy of the 

Small Business Administration that this 

proposed rule, if adopted, would not 

have a significant economic impact on 

a substantial number of small entities. 

This action incorporates the boundaries 

of the Monument area into the 

Magnuson-Stevens Act definitions at 50 

CFR 600.10 and the commercial fishing 

prohibition into the Magnuson-Stevens 

Act prohibitions at § 600.725. 

For RFA purposes only, NMFS has 

established a small business size 

standard for businesses, including their 

affiliates, whose primary industry is 

commercial fishing (see 50 CFR 200.2). 

A business primarily engaged in 

commercial fishing (NAICS code 11411) 

is classified as a small business if it is 

independently owned and operated, is 

not dominant in its field of operation 

(including its affiliates), and has 

combined annual receipts not in excess 

of $11 million for all its affiliated 

operations worldwide. The 

determination as to whether the entity 

is large or small is based on the average 

annual revenue for the three years, here 

from 2019 through 2021. The Small 

Business Administration (SBA) has 

established size standards for all other 

major industry sectors in the U.S., 

including for-hire fishing (NAICS code 

487210). These entities are classified as 

small businesses if combined annual 

receipts are not in excess of $8.0 million 

for all its affiliated operations. As with 

commercial fishing businesses, the 

annual average of the three most recent 

years (2019–2021) is utilized in 

determining annual receipts for 

businesses primarily engaged in for-hire 

fishing. 

The directly regulated entities are the 

firms that currently hold at least one 

Greater Atlantic Region commercial 

fishing permit that could be used to fish 

in the Monument. A few permit 

categories (Lobster: Areas 1, 2, 4, 5, 5 

waiver program, 6, and Outer Cape Cod; 

General Category Scallop B) were not 

included when constructing the set of 

directly regulated entities because these 

permit categories do not enable a firm 

to fish in the Monument areas. There are 

a total of 1,338 small firms and 11 large 

firms subject to this action. Of those, a 

total of 1,024 small firms derive the 

majority of their revenue from 

commercial fishing operations, while 

314 derive the majority of their revenue 

from for-hire recreational activities. 

Firms that are classified as ‘‘for-hire’’ 

may still fish commercially—these firms 

are included in the tabulation of directly 

regulated entities, although their main 

source of income (for-hire fishing) 

would not be directly impacted by the 

proposed action. 

Table 3 describes numbers of directly 

regulated entities, their main activities, 


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I I 
72040 Federal Register / Vol. 88, No. 201 / Thursday, October 19, 2023 / Proposed Rules 

and their revenues from various sources. 

The distribution of gross receipts for 

both classes is highly right-skewed: 

There are many firms with a small to 

moderate amount of gross receipts and 

a handful of firms with much more 

economic activity. This results in the 

average receipts being higher than the 

75th percentile of gross receipts for 

these two groups. 

TABLE 3—NUMBER AND CHARACTERIZATION OF THE DIRECTLY REGULATED ENTITIES

[2020 dollars] 

Size Type Firms Vessels 

Average 

gross 

receipts 

Average 

for-hire 

receipts 

25th Percentile 

gross receipts 

75th Percentile 

gross receipts 

Large ................................ Fishing ............................. 11 151 $19,944,000 $0 $15,463,000 $24,445,000 

Small ................................ Fishing ............................. 1,024 1,519 717,000 1,000 56,000 681,000 

Small ................................ For-Hire ............................ 314 380 144,000 142,000 7,000 85,000 

As stated above, this action 

incorporates the boundaries of the 

Monument area into the MagnusonStevens Act definitions at 50 CFR 

600.10 and the commercial fishing 

prohibition into the Magnuson-Stevens 

Act prohibitions at § 600.725. While 

1,338 small firms and 11 large firms 

hold permits that overlap with the 

Monument area, the monument has 

been closed to commercial fishing since 

October 2021. Because fishing was 

previously prohibited, this action will 

have no additional effect on regulated 

entities. As a result, an initial regulatory 

flexibility analysis is not required and 

none has been prepared. 

This proposed rule contains no 

information collection requirements 

under the Paperwork Reduction Act of 

1995. 

List of Subjects in 50 CFR Part 600 

Fisheries, Fishing. 

Dated: October 13, 2023. 

Samuel D. Rauch, III, 

Deputy Assistant Administrator for 

Regulatory Programs, National Marine 

Fisheries Service. 

For the reasons set out in the 

preamble, NMFS proposes to amend 50 

CFR part 600 as follows: 

PART 600—MAGNUSON-STEVENS 

ACT PROVISIONS 

■ 1. The authority citation for part 600 

continues to read as follows: 

Authority: 5 U.S.C. 561 and 16 U.S.C. 

1801 et seq. 

■ 2. In § 600.10, add the definition for 

‘‘Northeast Canyons and Seamounts 

Marine National Monument’’ in 

alphabetical order to read as follows: 

§ 600.10 Definitions. 

* * * * * 

Northeast Canyons and Seamounts 

Marine National Monument means the 

area designated by Presidential 

Proclamation 9496, consisting of: 

(1) Canyons Unit. The Canyons Unit 

is defined by the area bounded by 

straight lines connecting the following 

points, in the order stated: 

Point N latitude W longitude 

1 ...... 40°31.62′ ............ 68°16.08′ 

2 ...... 40°36.00′ ............ 67°37.68′ 

3 ...... 40°12.42′ ............ 67°34.68′ 

4 ...... 40°7.32′ .............. 68°12.72′ 

1 ...... 40°31.62′ ............ 68°16.08′ 

(2) Seamounts Unit. The Seamounts 

Unit is defined by the area bounded by 

straight lines connecting the following 

points, except between points 1 and 2, 

where the boundary follows the outer 

limits of the U.S. EEZ: 

Point N latitude W longitude 

1 ...... 40°2.64′ .............. 67°43.32′ 

2 ...... 39°56.34′ ............ (a) 

3 ...... 38°51.90′ ............ (b) 

1 ...... 40°2.64′ .............. 67°43.32′ 

a U.S. EEZ longitude, approximately 

65°56.58′. b U.S. EEZ longitude, approximately 

66°55.86′. 

* * * * * 

■ 3. In § 600.725, add paragraph (x) to 

read as follows: 

§ 600.725 General prohibitions. 

* * * * * 

(x) Fish for commercial purposes 

within the Northeast Canyons and 

Seamounts Marine National Monument, 

as defined in § 600.10, consistent with 

Presidential Proclamations 9496 and 

10287. Fishing for commercial purposes 

means fishing that is intended to, or 

results in, the barter, trade, transfer, or 

sale of fish, either in whole or in part. 

(1) Vessels may transit the Northeast 

Canyons and Seamounts Marine 

National Monument, provided 

commercial fishing gear is stowed and 

not available for immediate use during 

passage without interruption through 

the Northeast Canyons and Seamounts 

Marine National Monument. 

(2) [Reserved] 

* * * * * 

[FR Doc. 2023–23053 Filed 10–18–23; 8:45 am] 

BILLING CODE 3510–22–P 


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