[Federal Register Volume 63, Number 210 (Friday, October 30, 1998)]
[Rules and Regulations]
[Pages 58328-58329]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-29084]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 980715175-8254-02; I.D. 070198B]
RIN 0648-AL35
Fisheries of the Northeastern United States; Vessel Monitoring
System Power Down Exemption
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule.
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SUMMARY: NMFS issues this final rule to amend the regulations
implementing the Atlantic Sea Scallop and Northeast Multispecies
Fishery Management Plans (FMP). This action changes the name ``Vessel
Tracking System (VTS)'' to ``Vessel Monitoring System (VMS)'' and
changes the VMS operating requirements for vessels to allow the VMS
unit to be turned off if the vessel is out of the water continuously
for more than 72 consecutive hours, provided the owner of the vessel
obtains and complies with a letter of exemption issued to the vessel.
The change in VMS operating requirements is necessary to address the
lack of available power required to keep VMS units operational when
vessels are removed from the water for repair and maintenance.
DATES: Effective November 30, 1998.
ADDRESSES: Copies of the Regulatory Impact Review supporting this
action may be obtained from Jon C. Rittgers, Acting Regional
Administrator, Northeast Regional Office, NMFS, One Blackburn Drive,
Gloucester, MA 01930.
Comments regarding burden-hour estimates for collection-of-
information requirements contained in this final rule should be sent to
Jon C. Rittgers and the Office of Information and Regulatory Affairs,
Office of Management and Budget (OMB), Washington, DC 20502 (Attention:
NOAA Desk Officer).
FOR FURTHER INFORMATION CONTACT: Paul H. Jones, Fishery Policy Analyst,
978-281-9273.
SUPPLEMENTARY INFORMATION: A proposed rule for this action was
published on July 28, 1998 (63 FR 40253). Details of this action are
described in the preamble to the proposed rule and will not be repeated
here.
Approved Management Measures
Under current regulations, required VTS units, hereinafter referred
to as VMS units, in the Atlantic sea scallop fishery must be fully
operational at all times and transmit a signal indicating a vessel's
accurate position at least every hour, 24 hours a day, without
interruption, throughout the year. A vessel out of the water for repair
and maintenance may not have an operational power supply available with
which to power its VMS unit so that it may transmit hourly position
reports. This action amends the operating requirements for a VMS to
allow vessels in those fisheries to turn off the VMS unit if the vessel
will be out of the water continuously for more than 72 hours. Owners of
such vessels must first obtain a letter of exemption issued to the
vessel from the Regional Administrator. This amendment is consistent
with the primary intent of the original requirement, which was to
monitor the at-sea activity of these vessels for compliance with the
regulatory requirements.
In addition to the management measure described above, this final
rule also changes the names and related definitions for ``Vessel
Tracking System (VTS)'' to ``Vessel Monitoring System (VMS)'' and ``VTS
unit'' to ``VMS unit'' to provide consistency with other NMFS Regions.
Comments and Responses
NMFS received written comments on the proposed rule from one
individual and one fishing industry association. Specific comments are
discussed and responded to here.
Comment: The fishing industry association supports implementation
of the amendment that would allow vessels to turn off the VMS unit if
the vessel will be out of the water continuously for more than 72
consecutive hours.
Response: The comment has been noted and the regulatory amendment
is approved.
Comment: One individual and one fishing industry association
expressed concern over the requirement of requiring VMS units to be
fully operational at all times and transmit a signal indicating a
vessel's accurate position at least every hour, 24 hours a day, without
interruption, throughout the year. They state that most docks do not
have shore power hook-ups, and
[[Page 58329]]
many do not have generators, making the 24-hours a day requirement
impractical.
Response: NMFS understands this problem and may further adjust the
VMS power down regulations through a regulatory amendment, if
information becomes available to support such a change.
Classification
This final rule has been determined to be not significant for
purposes of E.O. 12866.
The Assistant General Counsel for Legislation and Regulation of the
Department of Commerce certified to the Chief Counsel for Advocacy of
the Small Business Administration that this rule would not have a
significant economic impact on a substantial number of small entities.
No comments were received regarding this certification. As a result, a
regulatory flexibility analysis was not prepared.
Notwithstanding any other provision of law, no person is required
to respond to, nor shall a person be subject to a penalty for failure
to comply with, a collection of information subject to the requirements
of the Paperwork Reduction Act (PRA) unless that collection of
information displays a currently valid OMB control number.
The rule contains one new collection-of-information requirement
subject to the PRA. The collection-of-information requirement has been
approved by the Office of Management and Budget, OMB control number OMB
0648-0202.
The estimated response time includes the time needed for reviewing
instructions, searching existing data sources, gathering and
maintaining the data needed, and completing and reviewing the
collection of information. Public comment is sought regarding whether
this collection of information is necessary for the proper performance
of the functions of the agency, including whether the information has
practical utility; the accuracy of the burden estimate; ways to enhance
the quality, utility, and clarity of the information to be collected;
and ways to minimize the burden of the collection of information,
including through the use of automated collection techniques or other
forms of information technology. Send comments regarding this burden
estimate or any other aspect of this data collection to NMFS and OMB
(see ADDRESSES).
List of Subjects in 50 CFR Part 648
Fisheries, Fishing, Reporting and recordkeeping requirements.
Dated: October 22, 1998.
Gary Matlock,
Acting Assistant Administrator for Fisheries, National Marine Fisheries
Service.
For the reasons set out in the preamble, 50 CFR part 648 is amended
as follows:
PART 648--FISHERIES OF THE NORTHEASTERN UNITED STATES
1. The authority citation for part 648 continues to read as
follows:
Authority: 16 U.S.C. 1801 et seq.
2. In Sec. 648.2, the definitions for ``Vessel Tracking System
(VTS)'' and ``VTS unit'' are removed, and the definitions for ``Vessel
Monitoring System (VMS)'' and ``VMS unit'' are added in alphabetical
order to read as follows:
Sec. 648.2 Definitions.
* * * * *
Vessel Monitoring System (VMS) means a vessel monitoring system as
set forth in Sec. 648.9 and approved by NMFS for use by scallop and NE
multispecies vessels, as required by this part.
VMS unit means a device installed on board a vessel used for vessel
monitoring and transmitting the vessel's position as required by this
part.
* * * * *
3. In Sec. 648.9, the acronym ``VTS'' in the section heading is
replaced with the acronym ``VMS'' and paragraph (b)(2), the first
sentence of paragraph (b)(5), and paragraphs (b)(7) and (c) are revised
to read as follows:
Sec. 648.9 VMS requirements.
* * * * *
(b) * * *
(2) The VMS shall be fully automatic and operational at all times,
regardless of weather and environmental conditions, unless exempted
under paragraph (c)(2) of this section.
* * * * *
(5) The VMS shall provide accurate hourly position transmissions
every day of the year unless exempted under paragraph (c)(2) of this
section. * * *
* * * * *
(7) The VMS vendor shall be capable of transmitting position data
to a NMFS-designated computer system via a modem at a minimum speed of
9600 baud. Transmission shall be in a file format acceptable to NMFS.
* * * * *
(c) Operating requirements. (1) All required VMS units must
transmit a signal indicating the vessel's accurate position at least
every hour, 24 hours a day, unless such vessel is exempted under
paragraph (c)(2) of this section.
(2) Power Down Exemption. (i) Any vessel required to have on board
a fully operational VMS unit at all times, as specified in paragraph
(b)(2) of this section, is exempt from this requirement provided:
(A) The vessel will be continuously out of the water for more than
72 consecutive hours; and
(B) A valid letter of exemption obtained pursuant to paragraph
(c)(2)(ii) of this section has been issued to the vessel and is on
board the vessel and the vessel is in compliance with all conditions
and requirements of said letter.
(ii) Letter of Exemption--(A) Application. A vessel owner may apply
for a letter of exemption from the operating requirements specified in
paragraph (c)(1) of this section for his/her vessel by sending a
written request to the Regional Administrator and providing the
following: Sufficient information to determine that the vessel will be
out of the water for more than 72 continuous hours; the location of the
vessel during the time an exemption is sought; and the exact time
period for which an exemption is needed (i.e., the time the VMS will be
turned off and turned on again).
(B) Issuance. Upon receipt of an application, the Regional
Administrator may issue a letter of exemption to the vessel if it is
determined that the vessel owner provided sufficient information as
required under paragraph (c)(2)(ii)(A) of this section and that the
issuance of the letter of exemption will not jeopardize accurate
monitoring of the vessel's DAS. Upon written request, the Regional
Administrator may change the time period for which the exemption was
granted.
* * * * *
4. In addition to the amendments set forth above, the acronym
``VTS'' is replaced with the acronym ``VMS'', and the acronym ``VTSs''
is replaced with the acronym ``VMSs'' wherever they appear throughout
the following places:
a. Section 648.4(c)(2)(iii)(A), (c)(2)(iv)(B), and (e)(1)(iv);
b. Section 648.7(b)(1)(i) and (b)(1)(iii);
c. Section 648.9(a), (b) introductory text, (b)(1), (b)(3)-(b)(6),
(b)(8)-(b)(9), and (d)-(g);
d. Section 648.10(a), (b) introductory text, (b)(1), (b)(2),
(b)(4), (b)(5), (c) introductory text, (e) introductory text, (e)(1),
(e)(1)(ii), and (f)(1); and
e. Section 648.14(a)(7), (c)(2) introductory text, (c)(2)(i),
(c)(2)(ii), (h)(3), and (h)(4).
[FR Doc. 98-29084 Filed 10-29-98 8:45 am]
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