Federal Register / Vol. 88, No. 213 / Monday, November 6, 2023 / Rules and Regulations 76141 

IV. Statutory and Executive Order 

Reviews 

Under the Clean Air Act, the 

Administrator is required to approve a 

SIP submission that complies with the 

provisions of the Act and applicable 

federal regulations. 42 U.S.C. 7410(k); 

40 CFR 52.02(a). Thus, in reviewing SIP 

submissions, the EPA’s role is to 

approve state choices, provided that 

they meet the criteria of the Clean Air 

Act. Accordingly, this action merely 

approves state law as meeting Federal 

requirements and does not impose 

additional requirements beyond those 

imposed by state law. For that reason, 

this action: 

• Is not a ‘‘significant regulatory 

action’’ subject to review by the Office 

of Management and Budget under 

Executive Orders 12866 (58 FR 51735, 

October 4, 1993) and 14094 (88 FR 

21879, April 11, 2023); 

• Does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

U.S.C. 3501 et seq.); 

• Is certified as not having a 

significant economic impact on a 

substantial number of small entities 

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 an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

13045 (62 FR 19885, April 23, 1997); 

• 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 Clean Air 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, this rulemaking 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. The 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.’’ The 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 State 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. The EPA did not perform an 

EJ analysis and did not consider EJ in 

this action. This final action is expected 

to have a neutral to positive impact on 

the air quality of the affected area. 

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 Executive Order 

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, Incorporation by 

reference, Intergovernmental relations, 

Ozone, Reporting and recordkeeping 

requirements. 

Authority: 42 U.S.C. 7401 et seq. 

Dated: October 25, 2023. 

Martha Guzman Aceves, 

Regional Administrator, Region IX. 

For the reasons stated in the 

preamble, the EPA amends part 52, 

chapter I, title 40 of the Code of Federal 

Regulations as follows: 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 1. The authority citation for part 52 

continues to read as follows: 

Authority: 42 U.S.C. 7401, et seq. 

Subpart F—California 

■ 2. Section 52.220 is amended by 

adding paragraphs (c)(589)(ii)(A)(2) and 

(c)(605) to read as follows: 

§ 52.220 Identification of plan—in part. 

* * * * * 

(c) * * * 

(589) * * * 

(ii) * * * 

(A) * * * 

(2) California Air Resources Board ‘‘70 

ppb Ozone SIP Submittal,’’ section III, 

‘‘VMT Offset Demonstration,’’ adopted 

on June 25, 2020. 

* * * * * 

(605) The following materials were 

submitted electronically on December 

29, 2020, by the Governor’s designee as 

an attachment to a letter dated 

December 28, 2020. 

(i) [Reserved] 

(ii) Additional materials. 

(A) California Air Resources Board. 

(1) ‘‘West Mojave Desert VehicleMiles Traveled Offset Demonstration,’’ 

adopted on October 22, 2020. 

(2) [Reserved] 

(B) [Reserved] 

[FR Doc. 2023–24001 Filed 11–3–23; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 230224–0053; RTID 0648– 

XD509] 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Reallocation of 

Pacific Cod in the Western Regulatory 

Area of the Gulf of Alaska 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; reallocation. 

SUMMARY: NMFS is reallocating the 

projected unused amount of Pacific cod 

from catcher vessels using trawl gear 

and vessels using pot gear to catcher 

vessels using hook-and-line gear and 

catcher/processors using hook-and-line 

gear in the Western Regulatory Area of 

the Gulf of Alaska (GOA). This action is 

necessary to allow the 2023 total 

allowable catch (TAC) of Pacific cod to 

be harvested. 

DATES: Effective November 1, 2023, 

through 2400 hours, Alaska local time 

(A.l.t.), December 31, 2023. 


ddrumheller on DSK120RN23PROD with RULES1
76142 Federal Register / Vol. 88, No. 213 / Monday, November 6, 2023 / Rules and Regulations 

FOR FURTHER INFORMATION CONTACT: 

Adam Zaleski, 907–586–7228. 

SUPPLEMENTARY INFORMATION: NMFS 

manages the groundfish fishery in the 

GOA according to the Fishery 

Management Plan for Groundfish of the 

Gulf of Alaska (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 parts 600 and 679. 

The 2023 Pacific cod TAC specified 

for catcher vessels using trawl gear in 

the Western Regulatory Area of the GOA 

is 1,956 metric tons (mt), as established 

by the final 2023 and 2024 harvest 

specifications for groundfish in the GOA 

(88 FR 13238, March 2, 2023). 

The 2023 Pacific cod TAC specified 

for vessels using pot gear in the Western 

Regulatory Area of the GOA is 1,936 mt, 

as established by the final 2023 and 

2024 harvest specifications for 

groundfish in the GOA (88 FR 13238, 

March 2, 2023). 

The 2023 Pacific cod TAC specified 

for catcher vessels using hook-and-line 

gear in the Western Regulatory Area of 

the GOA is 71 mt, as established by the 

final 2023 and 2024 harvest 

specifications for groundfish in the GOA 

(88 FR 13238, March 2, 2023). 

The 2023 Pacific cod TAC specified 

for catcher/processors using hook-andline gear in the Western Regulatory Area 

of the GOA is 1,009 mt, as established 

by the final 2023 and 2024 harvest 

specifications for groundfish in the GOA 

(88 FR 13238, March 2, 2023). 

The Administrator, Alaska Region, 

NMFS, (Regional Administrator) has 

determined that catcher vessels using 

trawl gear will not be able to harvest 430 

mt of the 2023 Pacific cod TAC 

allocated to those vessels under 

§ 679.20(a)(12)(i)(A)(3), and vessels 

using pot gear will not be able to harvest 

220 mt of the 2023 Pacific cod TAC 

allocated to those vessels under 

§ 679.20(a)(12)(i)(A)(5). 

Therefore, in accordance with 

§ 679.20(a)(12)(ii)(B), NMFS apportions 

430 mt of Pacific cod from catcher 

vessels using trawl gear to the annual 

amount specified for catcher/processors 

using hook-and-line gear, and 220 mt of 

Pacific cod from vessels using pot gear 

to the annual amount specified for 

catcher vessels using hook-and-line 

gear. 

The harvest specifications for 2023 

Pacific cod included in the final 2023 

and 2024 harvest specifications for 

groundfish in the Western Regulatory 

Area of the GOA (88 FR 13238, March 

2, 2023) is revised as follows: 1,526 mt 

to catcher vessels using trawl gear, 1,716 

mt to vessels using pot gear, 291 mt to 

catcher vessels using hook-and-line 

gear, and 1,439 mt to catcher/processors 

using hook-and-line gear. 

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. This requirement is 

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 

allow for harvests that exceed the 

originally specified apportionment of 

the Pacific cod TAC. NMFS was unable 

to publish a notice providing time for 

public comment because the most 

recent, relevant data only became 

available as of October 31, 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: November 1, 2023. 

Jennifer M. Wallace, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2023–24461 Filed 11–1–23; 4:15 pm] 

BILLING CODE 3510–22–P 


ddrumheller on DSK120RN23PROD with RULES1