[Federal Register Volume 72, Number 237 (Tuesday, December 11, 2007)]
[Proposed Rules]
[Pages 70286-70288]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-24008]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Parts 300, 600 and 697

[Docket No. 070717337-7338-01]
RIN 0648-AV78


General Provisions for Domestic Fisheries; Specifications for 
Boarding Ladders

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Proposed rule, request for comments.

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SUMMARY: NMFS proposes regulations to require domestic fishing vessel 
operators to provide a U.S. Coast Guard-approved pilot ladder as a 
safer and more enforceable means for authorized personnel to board 
certain domestic fishing vessels in carrying out their duties under the 
Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-
Stevens Act), the Atlantic Tunas Convention Act, and other applicable 
fisheries laws and treaties. This action is necessary to provide for 
the safety of personnel boarding domestic fishing vessels, as current 
standards have proven to be inadequate. The proposed regulations would 
establish a safer and more enforceable national standard for ladders 
used by authorized officers for boarding domestic fishing vessels 
subject to Federal regulation.

DATES: Comments must be received at the following address by January 
10, 2008.

ADDRESSES: You may submit comments, identified by ``RIN 0648-AV78,'' by 
any one of the following methods:
     Electronic Submissions: Submit all electronic public 
comments via the Federal eRulemaking Portal http://www.regulations.gov.
     Fax: 301-713-1175, Attn: William D. Chappell.
     Mail: Alan Risenhoover, Director, Office of Sustainable 
Fisheries, National Marine Fisheries Service, 1315 East-West Highway, 
Silver Spring, MD 20910. Please mark the outside of the envelope 
``Comments on Boarding Ladder Rule.''
    Instructions: All comments received are a part of the public record 
and will generally be posted to http://www.regulations.gov without 
change. All Personal Identifying Information (for example, name, 
address, etc.) voluntarily submitted by the commenter may be publicly 
accessible. Do not submit Confidential Business Information or 
otherwise sensitive or protected information.
    NMFS will accept anonymous comments. Attachments to electronic 
comments will be accepted in Microsoft Word, Excel, WordPerfect, or 
Adobe PDF file formats only.
    Copies of the Initial Regulatory Flexibility Analysis/Regulatory 
Impact Review (IRFA/RIR) may be obtained from the same address.

FOR FURTHER INFORMATION CONTACT: William D. Chappell, 301-713-2337.

SUPPLEMENTARY INFORMATION: 
    The Magnuson-Stevens Act established U.S. jurisdiction over the 
fishery resources in the exclusive economic zone (EEZ). NMFS is 
responsible for implementation of the Magnuson-Stevens Act and the 
Fishery Management Plans (FMPs) prepared by eight Regional Fishery 
Management Councils (Councils) and for the FMP governing Atlantic 
Highly Migratory Species. While each Council prepares FMPs for those 
fishery resources within the Council's area of authority that require 
conservation, NMFS implements certain requirements common to all 
fisheries, such as facilitation of enforcement. Associated regulations 
are codified at 50 CFR parts 600 through 697.
    These general regulations to facilitate enforcement also apply to 
U.S. fishing vessels fishing under the requirements of other fisheries 
laws and treaties. For example, they apply to fishing activities 
subject to the Atlantic Coastal Fisheries Cooperative Management Act 
regulations at 50 CFR part 697. In addition, there are several 
international fisheries regimes in which U.S. fishing vessels 
participate, such as the Atlantic fisheries under conservation and 
management measures adopted by the International Commission for the 
Conservation of Atlantic Tunas (ICCAT) and implemented domestically by 
the Atlantic Tunas Convention Act and regulations at 50 CFR part 635. 
U.S. fishing vessels are regulated on the high seas and under other 
international fishing regimes, including the High Seas Fishing 
Compliance Act of 1995, the Tuna Conventions Act of 1950, the South 
Pacific Tuna Act of 1988, the North Pacific Halibut Act of 1982, the 
Pacific Salmon Treaty Act of 1985, the Antarctic Marine Living 
Resources Convention Act of 1984, and a number of international 
treaties, including the 1972 Treaty Between the Government of the 
United States of America and the Government of the Republic of Columbia 
Concerning the Status of Quita Sueno, Roncador and Serrana, and the 
1981 Treaty Between the Government of the United States of America and 
the Government of Canada on Pacific Coast Albacore Tuna Vessels and 
Port Privileges as amended in 2002.
    Current regulations at Sec.  600.730(c)(3) require a fishing vessel 
to ``provide a safe ladder'' to be used for boarding purposes by 
authorized personnel including authorized officers (e.g., Coast Guard 
personnel, and Enforcement Agents), observers, and scientists enforcing 
regulations and documenting fishing effort at sea. However, a ``safe 
boarding ladder'' is not defined in regulations for domestic fishing 
vessels. This has led to fishing vessel operators providing a variety 
of ladders for boarding.
    Safety is compromised when authorized personnel use ladders that 
are inadequate. Within the last few years, several boarding officers 
fell into the water when the ladders provided for boarding failed or 
when they were inadequate to allow the boarding officer to maintain a 
grip on the ladder. This is a highly dangerous situation. Colliding 
with the fishing vessel, the small boat delivering the boarding party, 
and even the ladder itself can injure or kill a falling person or one 
in the water. In addition, especially in Alaskan and Northwestern 
Atlantic waters, cold water temperature can cause shock and the quick 
onset of hypothermia, which quickly becomes life threatening. Although 
boarding parties wear flotation gear, the threat of drowning through 
unconsciousness or entanglement in a ladder or other gear from the 
vessel are concerns.
    Some vessels have provided ladders wholly unsuited to boarding a 
vessel at sea, such as swimming pool ladders,

[[Page 70287]]

aluminum step ladders, rigid wooden ladders, or metal rungs welded to 
the side of the vessel. While U.S. Coast Guard boarding parties can 
sometimes provide their own ladder, the process of rigging the ladder 
to the fishing vessel is slow and the ladder is bulky and hazardous to 
carry on board a small boat. In addition, observers transferring from 
one fishing vessel to another at sea cannot take a boarding ladder with 
them.
    NMFS proposes to require the use of a pilot ladder on all fishing 
vessels with a freeboard of 4 ft (1.25 m) or greater in order to 
provide an easily identifiable and obtainable ladder to provide safe 
means for personnel to embark and disembark vessels at sea.
    In addition to defining and requiring the use of a pilot ladder, 
this proposed rule would define the term ``freeboard'' with regard to 
this rule. This change would clarify the requirements of existing and 
proposed regulations. In some cases the term freeboard has been 
interpreted as the height of the lowest deck open to the weather 
(weather deck) from the water's surface. In other cases it has been 
considered as the height of the gunwale (railing around the weather 
deck bulwarks) from the water's surface. The difference between these 
two measurements can be from a few inches to over 6 feet (1.8 m). In 
order to make the regulations more useful and consistent, NMFS proposes 
to define freeboard as the working distance between the top rail of the 
gunwale of a vessel to the water's surface. Because some vessels have 
openings in the bulwarks specifically for embarking and debarking 
personnel, NMFS proposes that, where cut-outs are provided in the 
bulwarks for the sole purpose of personnel boarding, freeboard means 
the distance between the top of the lowest portion of the structure to 
the water's surface.

Classification

    Pursuant to section 305(d) of the Magnuson-Stevens Act, the NMFS 
Assistant Administrator has determined that this proposed rule is 
consistent with the Magnuson-Stevens Act and other applicable law, 
subject to further consideration after public comment.
    An initial regulatory flexibility analysis (IRFA) was prepared, as 
required by section 603 of the Regulatory Flexibility Act (RFA). The 
IRFA describes the economic impact this proposed rule, if adopted, 
would have on small entities. A description of the action, why it is 
being considered, and the legal basis for this action are contained at 
the beginning of this section in the preamble and in the SUMMARY 
section of the preamble. A summary of the analysis follows. A copy of 
this analysis is available from NMFS (see ADDRESSES).

Small Entities Affected

    In determining the number of vessels that might be affected by this 
rule, NMFS and the Coast Guard first determined that vessels 65 ft 
(20.0 m) or greater in length have a freeboard (defined as the working 
distance between the top rail of the gunwale to the water's surface) of 
4 ft (1.25 m) or greater. While some vessels 65 ft (20.0 m) or greater 
in length may have a freeboard of less than 4 ft (1.25 m), NMFS assumed 
for purposes of this analysis that all of these vessels, as well as an 
unknown number of smaller vessels, would be required to carry a pilot 
ladder if this proposed rule were implemented. According to U.S. Coast 
Guard vessel documentation records, 6,050 documented fishing vessels 
are 65 ft (20 m) long or longer and could be affected by this 
requirement. Because some vessels already have ladders that would meet 
the new requirements, it is unlikely that all of the identified fishing 
vessels would need to purchase a ladder. Except for some large catcher-
processor vessels, mostly engaged in the Alaska fisheries, these 
vessels are all considered small entities for the purpose of this rule.

Reporting and Recordkeeping Requirements

    This rule has no reporting or recordkeeping requirements.

Duplicating, Overlapping or Conflicting Federal Rules

    This rule refers to 46 CFR subpart 163.003, which provides 
standards and approval and production tests for pilot ladders that 
would be required by this proposed rule. There are no conflicting 
rules.

Alternatives Considered

    This action considered 5 alternatives including the preferred 
alternative and the status quo. The proposed alternative (proposed 
action) is to require the operators of all fishing vessels with a 
freeboard of over 4 feet (1.25 m) to provide a U.S. Coast Guard-
approved pilot ladder for boarding parties, observers and other 
officials required to board the vessel. The term ``pilot ladder'' would 
replace the currently required ``safe boarding ladder.'' That term has 
been undefined and, as a result, fishing vessel operators have provided 
ladders that have been both inadequate and unsafe. Approved boarding 
ladders come in several approved versions and vary in cost. Typically, 
vessels would need a 10- or 12-foot (3.0 or 3.7 m) ladder that costs 
approximately $517-$620 for a wooden rung ladder, and $1,160-$1,392 for 
a synthetic rung ladder. The largest vessels may have to buy a longer 
ladder at a proportionate increase (approximately $50-$60 per foot) in 
cost. NMFS estimates the total cost to fishing vessel owners of this 
rule to be from $3,127,850 ($517 x 6,050 vessels) to $8,421,600 ($1,392 
x 6,050 vessels).
    The second alternative is the status quo, or no change to the 
regulations. The status quo does not meet the objectives of the action. 
This alternative would not increase costs to fishermen; however, 
neither would it provide any increased safety to persons attempting to 
board fishing vessels at sea. The regulations would continue to be 
ambiguous and vessel operators may continue to provide unsafe ladders, 
resulting in delayed boardings and accidents, some of which could be 
serious or fatal.
    A third alternative considered would limit this requirement to 
Alaskan and Northwestern Atlantic waters where cold water and rough 
seas are common. This alternative does not meet the objectives of the 
action. The limitation would reduce the cost to fishermen, but would 
not reduce the hazard to boarding parties in the areas that are not 
subject to the requirements, since boardings are conducted in rough 
seas off all coasts and during all periods of the year. Therefore, 
limiting the extent of this requirement would compromise the safety of 
boarding parties in any areas of the EEZ that are not subject to the 
requirements.
    A fourth alternative would require vessels with a freeboard of 3 
feet (0.9 m) or more to provide a ladder. Some reports from U.S. Coast 
Guard boarding parties indicate that ladders would facilitate boarding 
operations in those cases. NMFS rejected this alternative because of 
the marginal benefit in safety and the relative difficulty in 
determining the number of vessels that would have to obtain ladders.
    A fifth alternative would allow fishing vessel owners or operators 
to make their own ladders according to specifications found at 46 CFR 
subpart 163.003, without going through the procedures for CG approval. 
While fishermen could potentially make such ladders cheaper than buying 
them, the ladders would not be approved and there would be no assurance 
that they would actually perform as required. Therefore, this 
alternative was not adopted.

[[Page 70288]]

    This proposed rule has been determined to be not significant for 
purposes of Executive Order 12866.

List of Subjects

50 CFR Part 300

    Administrative practice and procedure, Antarctica, Canada, Exports, 
Fish, Fisheries, Fishing, Imports, Indians, Labeling, Marine resources, 
Reporting and recordkeeping requirements, Russian Federation, 
Transportation, Treaties, Wildlife.

50 CFR Part 600

    Administrative practice and procedure, Confidential business 
information, Fisheries, Fishing, Fishing vessels, Foreign relations, 
Intergovernmental relations, Penalties, Reporting and recordkeeping 
requirements, Statistics.

50 CFR Part 697

    Administrative practice and procedure, Fisheries, Fishing, 
Intergovernmental relations, Reporting and recordkeeping requirements.

    Dated: December 4, 2007.
John Oliver
Deputy Assistant Administrator for Operations, National Marine 
Fisheries Service.
    For the reasons set out in the preamble, 50 CFR parts 300, 600, and 
697 are proposed to be amended as follows.

CHAPTER III

PART 300--INTERNATIONAL FISHERIES REGULATIONS

    1. The authority citation for part 300 continues to read as 
follows:

    Authority: 16 U.S.C. 773 et seq., 16 U.S.C. 951-961 and 971 et 
seq., 16 U.S.C. 973-973r, 16 U.S.C. 2431 et seq., 16 U.S.C. 3371-
3378, 16 U.S.C. 3636(b), 16 U.S.C. 5501 et seq., and 16 U.S.C. 1801 
et seq.
    2. In Sec.  300.2, add definitions for ``freeboard'' and ``pilot 
ladder'' in alphabetical order to read as follows:


Sec.  300.2  Definitions.

* * * * *
    Freeboard means the working distance between the top rail of the 
gunwale of a vessel and the water's surface. Where cut-outs are 
provided in the bulwarks for the purpose of personnel boarding, 
freeboard means the distance between the top of the lowest portion of 
the cut-out and the water's surface.
* * * * *
    Pilot ladder means a flexible ladder constructed and approved to 
meet the U.S. Coast Guard standards for pilot ladders at 46 CFR subpart 
163.003 entitled Pilot Ladder.
* * * * *
    3. In Sec.  300.5, paragraphs (c)(3) and (4) are revised to read as 
follows:


Sec.  300.5  Facilitation of enforcement.

* * * * *
    (c) * * *
    (3) Except for fishing vessels with a freeboard of 4 feet (1.25 m) 
or less, provide, when requested by an authorized officer or CCAMLR 
inspector, a pilot ladder capable of being used for the purpose of 
enabling the authorized officer or CCAMLR inspector to embark and 
disembark the vessel safely. The pilot ladder must be maintained in 
good condition and kept clean.
    (4) When necessary to facilitate the boarding or when requested by 
an authorized officer or CCAMLR inspector, provide a manrope or safety 
line, and illumination for the pilot ladder.
* * * * *

CHAPTER VI

PART 600--MAGNUSON-STEVENS ACT PROVISIONS

    4. The authority citation for part 600 continues to read as 
follows:

    Authority: 16 U.S.C. 1801 et seq.
    5. In Sec.  600.10, add definitions for ``freeboard'' and ``pilot 
ladder'' in alphabetical order to read as follows:


Sec.  600.10  Definitions.

* * * * *
    Freeboard means the working distance between the top rail of the 
gunwale of a vessel and the water's surface. Where cut-outs are 
provided in the bulwarks for the purpose of personnel boarding, 
freeboard means the distance between the top of the lowest portion of 
the cut-out and the water's surface.
* * * * *
    Pilot ladder means a flexible ladder constructed and approved to 
meet the U.S. Coast Guard standards for pilot ladders at 46 CFR subpart 
163.003 entitled Pilot Ladder.
* * * * *
    6. In Sec.  600.730, paragraphs (c)(3) and (4) are revised to read 
as follows:


Sec.  600.730  Facilitation of enforcement.

* * * * *
    (c) * * *
    (3) Except for fishing vessels with a freeboard of 4 feet (1.25 m) 
or less, provide, when requested by authorized officer or observer 
personnel, a pilot ladder capable of being used for the purpose of 
enabling personnel to embark and disembark the vessel safely. The pilot 
ladder must be maintained in good condition and kept clean.
    (4) When necessary to facilitate the boarding or when requested by 
an authorized officer or observer, provide a manrope or safety line, 
and illumination for the pilot ladder.
* * * * *

PART 697--ATLANTIC COASTAL FISHERIES COOPERATIVE MANAGEMENT

    7. The authority citation for part 697 continues to read as 
follows:

    Authority: 16 U.S.C. 1501 et seq.
    8. In Sec.  697.9, paragraph (a) is revised to read as follows:


Sec.  697.9  Facilitation of enforcement.

    (a) General. See Sec.  600.730 of this chapter.
* * * * *
[FR Doc. E7-24008 Filed 12-10-07; 8:45 am]
BILLING CODE 3510-22-S