77532 Federal Register / Vol. 88, No. 217 / Monday, November 13, 2023 / Rules and Regulations 

Unfunded Mandates Reform Act 

(UMRA) 

The UMRA of 1995 requires Federal 

agencies to prepare a written assessment 

of the costs, benefits and other effects of 

proposed or final rules that include a 

Federal mandate likely to result in the 

expenditure by State, local or tribal 

governments, in the aggregate, or by the 

private sector, of more than $100 

million annually (adjusted annually for 

inflation, with base year of 1995). This 

final rule will not result in expenditures 

by State, local or Tribal Governments, in 

the aggregate, or by the private sector in 

excess of $100 million annually. 

National Environmental Policy Act 

(NEPA) 

NHTSA has analyzed this final rule 

for the purposes of the NEPA. The 

agency has determined that 

implementation of this action will not 

have any significant impact on the 

quality of the human environment. 

Executive Order 12988 (Civil Justice 

Reform) 

With respect to the review of the 

promulgation of a new regulation, 

section 3(b) of E.O. 12988, ‘‘Civil Justice 

Reform’’ (61 FR 4729, February 7, 1996) 

requires that Executive agencies make 

every reasonable effort to ensure that the 

regulation: (1) Clearly specifies the 

preemptive effect; (2) clearly specifies 

the effect on existing Federal law or 

regulation; (3) provides a clear legal 

standard for affected conduct, while 

promoting simplification and burden 

reduction; (4) clearly specifies the 

retroactive effect, if any; (5) adequately 

defines key terms; and (6) addresses 

other important issues affecting clarity 

and general draftsmanship under any 

guidelines issued by the Attorney 

General. This document is consistent 

with that requirement. 

Pursuant to this Order, NHTSA notes 

as follows. The issue of preemption is 

discussed above. NHTSA notes further 

that there is no requirement that 

individuals submit a petition for 

reconsideration or pursue other 

administrative proceeding before they 

may file suit in court. 

Paperwork Reduction Act (PRA) 

Under the PRA of 1995, a person is 

not required to respond to a collection 

of information by a Federal agency 

unless the collection displays a valid 

Office of Management and Budget 

(OMB) control number. This rulemaking 

action would not establish any new 

information collection requirements. 

National Technology Transfer and 

Advancement Act (NTTAA) 

Under the NTTAA of 1995 (Pub. L. 

104–113), all Federal agencies and 

departments shall use technical 

standards that are developed or adopted 

by voluntary consensus standards 

bodies, using such technical standards 

as a means to carry out policy objectives 

or activities determined by the agencies 

and departments. 

Voluntary consensus standards are 

technical standards (e.g., materials 

specifications, test methods, sampling 

procedures, and business practices) that 

are developed or adopted by voluntary 

consensus standards bodies, such as the 

International Organization for 

Standardization and the Society of 

Automotive Engineers. The NTTAA 

directs us to provide Congress, through 

OMB, explanations when we decide not 

to use available and applicable 

voluntary consensus standards. 

There are no voluntary consensus 

standards applicable to this final rule 

that have not been previously discussed 

in the December 29, 2021 final rule. 

Plain Language 

Executive Order 12866 requires each 

agency to write all rules in plain 

language. Application of the principles 

of plain language includes consideration 

of the following questions: 

• Have we organized the material to 

suit the public’s needs? 

• Are the requirements in the rule 

clearly stated? 

• Does the rule contain technical 

language or jargon that isn’t clear? 

• Would a different format (grouping 

and order of sections, use of headings, 

paragraphing) make the rule easier to 

understand? 

• Would more (but shorter) sections 

be better? 

• Could we improve clarity by adding 

tables, lists, or diagrams? 

• What else could we do to make the 

rule easier to understand? 

If you have any responses to these 

questions, please write to us with your 

views. 

List of Subjects in 49 CFR Part 571 

Imports, Motor vehicle safety, Motor 

vehicles, Reporting and recordkeeping 

requirements, Rubber and rubber 

products. 

In consideration of the foregoing, 

NHTSA amends 49 CFR part 571 as 

follows: 

PART 571—FEDERAL MOTOR 

VEHICLE SAFETY STANDARDS 

■ 1. The authority citation for part 571 

continues to read as follows: 

Authority: 49 U.S.C. 322, 30111, 30115, 

30117, and 30166; delegation of authority at 

49 CFR 1.95. 

■ 2. Section 571.227 is amended by: 

■ a. Revising the definition of ‘‘Transit 

bus’’ in S4; 

■ b. Revising S5.1(a); and 

■ c. Revising the introductory text of 

S6.1.4. 

The revisions read as follows: 

§ 571.227 Standard No. 227; Bus rollover 

structural integrity. 

* * * * * 

S4. * * * 

Transit bus means a bus that is 

equipped with a stop-request system 

sold for public transportation provided 

by, or on behalf of, a Federal, State, or 

local government and that is not an 

over-the-road bus. 

* * * * * 

S5.1 * * * 

(a) Items separated from the vehicle 

and with a mass less than 60.0 grams 

that enter the survival space will not be 

considered for this evaluation of 

survival space intrusion. 

* * * * * 

S6.1.4 The tilting platform is 

equipped with rigid wheel supports on 

the top surface as illustrated in Figure 

3 of this section (figure provided for 

illustration purposes only). At each 

vehicle axle, the wheel closest to the 

platform’s axis of rotation is supported. 

The rigid wheel supports are positioned 

to make contact with the outboard tire 

sidewall of the supported wheels with 

the vehicle positioned as specified in 

S7(a) to prevent sliding of the vehicle 

during the test. Each rigid wheel 

support has the following dimensions: 

* * * * * 

Authority: 49 U.S.C. 322, 30111, 30115, 

30117, 30122 and 30166; delegation of 

authority at 49 CFR 1.95. 

Ann Carlson, 

Acting Administrator. 

[FR Doc. 2023–24381 Filed 11–9–23; 8:45 am] 

BILLING CODE 4910–59–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 648 

[Docket No. 230316–0077; RTID 0648– 

XD519] 

Fisheries of the Northeastern United 

States; Atlantic Herring Fishery; 2023 

Management Area 1A Possession Limit 

Adjustment 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 


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Federal Register / Vol. 88, No. 217 / Monday, November 13, 2023 / Rules and Regulations 77533 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; possession 

limit adjustment. 

SUMMARY: NMFS is implementing a 

2,000 lb (907.2 kg) possession limit for 

Atlantic herring for Management Area 

1A. This is required because NMFS 

projects that herring catch from Area 1A 

will reach 92 percent of the Area’s subannual catch limit before the end of the 

fishing year. This action is intended to 

prevent overharvest of herring in Area 

1A, which would result in additional 

catch limit reductions in a subsequent 

year. 

DATES: Effective 00:01 hour (hr) local 

time, November 8, 2023, through 

December 31, 2023. 

FOR FURTHER INFORMATION CONTACT: 

Louis Forristall, Fishery Management 

Specialist, (978) 281–9321. 

SUPPLEMENTARY INFORMATION: The 

Regional Administrator of the Greater 

Atlantic Regional Office monitors 

Atlantic herring fishery catch in each 

Management Area based on vessel and 

dealer reports, state data, and other 

available information. Regulations at 50 

CFR 648.201(a)(1)(i)(A) require that 

NMFS implement a 2,000 lb (907.2 kg) 

possession limit for herring for Area 1A 

beginning on the date that catch is 

projected to reach 92 percent of the subannual catch limit (ACL) for that area. 

Based on vessel reports, dealer 

reports, and other available information, 

the Regional Administrator projects that 

the herring fleet will have caught 92 

percent of the Area 1A sub-ACL by 

November 6, 2023. Therefore, effective 

00:01 hr local time November 8, 2023, 

through December 31, 2023, a person 

may not attempt or do any of the 

following: Fish for; possess; transfer; 

purchase; receive; land; or sell more 

than 2,000 lb (907.2 kg) of herring per 

trip or more than once per calendar day 

in or from Area 1A. 

Vessels that enter port before 00:01 hr 

local time on November 8, 2023, may 

land and sell more than 2,000 lb (907.2 

kg) of herring from Area 1A from that 

trip, provided that catch is landed in 

accordance with state management 

measures. Vessels may transit or land in 

Area 1A with more than 2,000 lb (907.2 

kg) of herring on board, provided that: 

The herring were caught in an area not 

subject to a 2,000 lb (907.2 kg) limit; all 

fishing gear is stowed and not available 

for immediate use; and the vessel is 

issued a permit appropriate to the 

amount of herring on board and the area 

where the herring was harvested. 

Also effective 00:01 hr local time, 

November 8, 2023, through 24:00 hr 

local time, December 31, federally 

permitted dealers may not attempt or do 

any of the following: Purchase; receive; 

possess; have custody or control of; sell; 

barter; trade; or transfer more than 2,000 

lb (907.2 kg) of herring per trip or 

calendar day from Area 1A, unless it is 

from a vessel that enters port before 

00:01 hr local time on November 8, 2023 

and catch is landed in accordance with 

state management measures. 

Classification 

This action is required by 50 CFR part 

648 and is exempt from review under 

Executive Order 12866. 

NMFS finds good cause pursuant to 5 

U.S.C. 553(b)(3)(B) to waive prior notice 

and the opportunity for public comment 

because it is unnecessary, contrary to 

the public interest, and impracticable. 

Ample prior notice and opportunity for 

public comment has been provided for 

the required implementation of this 

action. The requirement to implement 

this possession limit was developed by 

the New England Fishery Management 

Council using public meetings that 

invited public comment on the 

measures when they were developed 

and considered along with alternatives. 

Further, the regulations requiring NMFS 

to implement this possession limit also 

were subject to public notice and 

opportunity to comment, when they 

were first adopted in 2014. Herring 

fishing industry participants monitor 

catch closely and anticipate potential 

possession limit adjustments as catch 

totals approach Area sub-ACLs. The 

regulation provides NMFS with no 

discretion and is designed for 

implementation as quickly as possible 

to prevent catch from exceeding limits 

designed to prevent overfishing while 

allowing the fishery to achieve optimum 

yield. 

The 2023 herring fishing year began 

on January 1, 2023, and Management 

Area 1A opened to fishing on June 1, 

2023. Data indicating that the herring 

fleet will have landed at least 92 percent 

of the 2023 sub-ACL allocated to Area 

1A only recently became available. 

High-volume catch and landings in this 

fishery can increase total catch relative 

to the sub-ACL quickly, especially in 

this fishing year where annual catch 

limits are unusually low. If 

implementation of this possession limit 

adjustment is delayed to solicit prior 

public comment, the 2023 sub-ACL for 

Area 1A will likely be exceeded; thereby 

undermining the conservation 

objectives of the Herring Fishery 

Management Plan (FMP). If sub-ACLs 

are exceeded, the excess must be 

deducted from a future sub-ACL and 

would reduce future fishing 

opportunities. The public expects these 

actions to occur in a timely way 

consistent with the FMP’s objectives. 

For the reasons stated above, NMFS also 

finds good cause to waive the 30-day 

delayed effectiveness in accordance 

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

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

Dated: November 7, 2023. 

Kelly Denit, 

Director, Office of Sustainable Fisheries, 

National Marine Fisheries Service. 

[FR Doc. 2023–24921 Filed 11–7–23; 4:15 pm] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 660 

[Docket No. 230508–0124; RTID 0648– 

XD444] 

Fisheries Off West Coast States; 

Modification of the West Coast Salmon 

Fisheries; Inseason Actions #27–#31 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Inseason modification of 2023 

management measures. 

SUMMARY: NMFS announces five 

inseason actions for the 2023–2024 

ocean salmon fishing season. These 

inseason actions modify the recreational 

and commercial salmon fisheries in the 

area from the U.S./Canada border to 

Humbug Mountain, Oregon. 

DATES: The effective dates for these 

inseason actions are set out in this 

document under the heading ‘‘Inseason 

Actions’’ and the actions remain in 

effect until superseded or modified. 

FOR FURTHER INFORMATION CONTACT: 

Shannon Penna, 562–980–4239, 

Shannon.Penna@noaa.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

The annual management measures for 

the 2023 and early 2024 ocean salmon 

fisheries (88 FR 30235, May 11, 2023) 

govern the commercial and recreational 

fisheries in the area from the U.S./ 

Canada border to the U.S./Mexico 

border, effective from 0001 hours Pacific 

Daylight Time (PDT), May 16, 2023, 

until the effective date of the 2024 

management measures, as published in 

the Federal Register. NMFS is 

authorized to implement inseason 

management actions to modify fishing 

seasons, catch limits, and quotas as 


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