[Federal Register Volume 79, Number 111 (Tuesday, June 10, 2014)]
[Proposed Rules]
[Pages 33160-33163]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-13282]
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DEPARTMENT OF TRANSPORTATION
Maritime Administration
46 CFR Part 356
[Docket Number MARAD-2014-0043]
RIN 2133-AB86
Requirements To Document U.S.-Flag Fishing Industry Vessels of
100 Feet or Greater in Registered Length
AGENCY: Maritime Administration, DOT.
ACTION: Notice of proposed rulemaking, request for comments.
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SUMMARY: The Maritime Administration (``MARAD'') is soliciting public
comments on amendments to its regulations which implement new
requirements regarding certain large fishing industry vessels set forth
in the American Fisheries Act of 1998, as amended by the Coast Guard
Authorization Act of 2010 (``CGAA'') and the Coast Guard and Maritime
Transportation Act of 2012 (``CGMTA''). The proposed revisions to the
regulation adds two new exceptions to the restrictions on the
eligibility of vessels over 165 feet in registered length to be
documented with fishery endorsements, eliminates the 15-day application
deadline for vessels whose fishery endorsements have become invalid,
limits fishery endorsement eligibility for certain large fishing
industry vessels, and eliminates certain exemptions for specific
vessels that were deleted in the CGMTA.
DATES: Comments must be received on or before August 11, 2014. MARAD
will consider comments filed after this date to the extent practicable.
ADDRESSES: You may submit comments identified by DOT Docket Number
MARAD-2014-0043 by any of the following methods:
Federal eRulemaking Portal: http://www.regulations.gov.
Search MARAD-2014-0043 and follow the instructions for submitting
comments.
Email: [email protected]. Include MARAD-2014-0043
in the subject line of the message.
Fax: (202) 493-2251.
Mail: Docket Management Facility, U.S. Department of
Transportation, 1200 New Jersey Avenue SE., West Building, Room W12-
140, Washington, DC 20590. If you would like to know that your comments
reached the facility, please enclose a stamped, self-addressed postcard
or envelope.
Hand Delivery/Courier: Docket Management Facility, U.S.
Department of Transportation, 1200 New Jersey Avenue SE., West
Building, Room W12-140, Washington, DC 20590. The Docket Management
Facility is open 9 a.m. to 5 p.m., Monday through Friday, except on
Federal holidays.
Note: If you fax, mail or hand deliver your input we recommend
that you include your name and a mailing address, an email address,
or a telephone number in the body of your document so that we can
contact you if we have questions regarding your submission. If you
submit your inputs by mail or hand delivery, submit them in an
unbound format, no larger than 8 \1/2\ by 11 inches, suitable for
copying and electronic filing.
Instructions: All submissions received must include the agency name
and docket number or Regulatory Information Number (RIN) for this
rulemaking. All comments received will be posted without change to the
docket at www.regulations.gov, including any personal information
provided. For detailed instructions on submitting comments and
additional information on the rulemaking process, see the section
entitled Public Participation.
FOR FURTHER INFORMATION CONTACT: You may contact Michael C. Pucci,
Attorney Advisor, Division of Maritime Programs, Maritime
Administration, at (202) 366-5320. You may send mail to Michael C.
Pucci at Maritime Administration, 1200 New Jersey Avenue SE., MAR 222,
W24-217, Washington, DC 20590-0001. You may send electronic mail to
[[Page 33161]]
[email protected]. If you have questions on viewing the Docket,
call Cheryl Collins, Program Manager, Docket Operations, telephone:
(800) 647-5527.
SUPPLEMENTARY INFORMATION:
Background
Section 602(a) of the CGAA added two new exceptions to the
restrictions on the eligibility of vessels over 165 feet in registered
length to be documented with fishery endorsements found at 46 U.S.C.
12113(d): (1) Replaced or rebuilt vessels and (2) fish tender vessels.
CGAA also eliminated the 15-day application deadline for vessels whose
fishery endorsements had become invalid. Exemptions from the large
fishing industry vessel restrictions are found in our regulations at 46
CFR 356.47.
In addition, section 601(b)(2) of the CGAA repealed section 203(g)
of the AFA, which exempted particular vessels from the ownership
requirements of 46 U.S.C. 12113. These exempt vessels are currently
listed in our regulations at 46 CFR 356.51.
Section 307 of the CGMTA added further restrictions on large
vessels under 46 U.S.C. 12113(d) by limiting those vessels from
participating in the non-AFA trawl catcher processor subsector.
Accordingly, MARAD finds it necessary to update its regulations
under 46 CFR part 356 to reflect these amendments to the AFA and 46
U.S.C. 12113.
Public Participation
Your comments must be written and in English. To ensure that your
comments are correctly filed in the Docket, please include the docket
number in your comments. MARAD encourages you to provide concise
comments. However, you may attach necessary additional documents to
your comments. There is no limit on the length of the attachments.
Please submit your comments, including the attachments, following the
instructions provided under the above heading entitled ADDRESSES.
If you wish to submit any information under a claim of
confidentiality, you should submit three copies of your complete
submission, including the information you claim to be confidential
business information, to the Department of Transportation, Maritime
Administration, Office of Legislation and Regulations, MAR-225, W24-
220, 1200 New Jersey Avenue SE., Washington, DC 20590. When you send
comments containing information claimed to be confidential information,
you should include a cover letter setting forth with specificity the
basis for any such claim.
MARAD will consider all comments received before the close of
business on the comment closing date indicated above under DATES. To
the extent possible, MARAD will also consider comments received after
that date. If a comment is received too late for MARAD to consider in
developing a final rule (assuming that one is issued), MARAD will
consider that comment as an informal suggestion for future rulemaking
action.
For access to the docket to read background documents, including
those referenced in this document, or to submit or read comments
received, go to the Docket Management Facility, U.S. Department of
Transportation, 1200 New Jersey Avenue SE., West Building, Room W12-
140, Washington, DC 20590. The Docket Management Facility is open 9
a.m. to 5 p.m., Monday through Friday, except on Federal holidays. To
review documents, read comments or to submit comments, the docket is
also available online at http://www.regulations.gov, keyword search
MARAD-2014-0043.
Please note that even after the comment period has closed, MARAD
will continue to file relevant information in the Docket as it becomes
available. Further, some people may submit late comments. Accordingly,
MARAD recommends that you periodically check the Docket for new
material.
Privacy Act
Anyone is able to search the electronic form of all comments
received into any of our dockets by the name of the individual
submitting the comment (or signing the comment, if submitted on behalf
of an association, business, labor union, etc.). You may review the DOT
Privacy Act system of records notice for the Federal Docket Management
System (FDMS) in the Federal Register published on January 17, 2008,
(73 FR 3316) at http://edocket.access.gpo.gov/2008/pdf/E8-785.pdf.
Rulemaking Analysis and Notices
Executive Orders 12866 (Regulatory Planning and Review), 13563
(Improving Regulation and Regulatory Review) and DOT Regulatory
Policies and Procedures. Under E.O. 12866 (58 FR 51735, October 4,
1993), supplemented by E.O. 13563 (76 FR 3821, January 18, 2011) and
DOT policies and procedures, MARAD must determine whether a regulatory
action is ``significant,'' and therefore subject to OMB review and the
requirements of the E.O. The Order defines ``significant regulatory
action'' as one likely to result in a rule that may: (1) Have an annual
effect on the economy of $100 million or more or adversely affect in a
material way the economy, a sector of the economy, productivity,
competition, jobs, the environment, public health or safety, or State,
local, or tribal government or communities. (2) Create a serious
inconsistency or otherwise interfere with an action taken or planned by
another Agency. (3) Materially alter the budgetary impact of
entitlements, grants, user fees, or loan programs or the rights and
obligations of recipients thereof. (4) Raise novel legal or policy
issues arising out of legal mandates, the President's priorities, or
the principles set forth in the E.O.
MARAD has determined that this notice of proposed rulemaking is not
considered a significant regulatory action under section 3(f) of
Executive Order 12866 and, therefore, it was not reviewed by the Office
of Management and Budget. This rulemaking will not result in an annual
effect on the economy of $100 million or more. It is also not
considered a major rule for purposes of Congressional review under
Public Law 104-121. This rulemaking is also not significant under the
Regulatory Policies and Procedures of the Department of Transportation
(44 FR 11034, February 26, 1979). The costs and overall economic impact
of this rulemaking do not require further analysis.
Executive Order 13132 (Federalism)
We analyzed this rulemaking in accordance with the principles and
criteria contained in Executive Order 13132 (``Federalism'') and have
determined that it does not have sufficient Federalism implications to
warrant the preparation of a Federalism summary impact statement. This
rulemaking has no substantial effect on the States, or on the current
Federal-State relationship, or on the current distribution of power and
responsibilities among the various local officials. Nothing in this
document preempts any State law or regulation. Therefore, MARAD did not
consult with State and local officials because it was not necessary.
Executive Order 13175 (Consultation and Coordination With Indian Tribal
Governments)
MARAD does not believe that this rulemaking will significantly or
uniquely affect the communities of Indian tribal governments when
analyzed under the principles and
[[Page 33162]]
criteria contained in Executive Order 13175 (Consultation and
Coordination with Indian Tribal Governments). Therefore, the funding
and consultation requirements of this Executive Order do not apply.
Executive Order 12372 (Intergovernmental Review)
The regulations implementing Executive Order 12372 regarding
intergovernmental consultation on Federal programs and activities do
not apply to this rulemaking.
Regulatory Flexibility Act
The Regulatory Flexibility Act of 1980 requires MARAD to assess
whether this rulemaking would have a significant economic impact on a
substantial number of small entities and to minimize any adverse
impact. MARAD certifies that this rulemaking will not have a
significant economic impact on a substantial number of small entities.
Environmental Assessment
We have analyzed this rulemaking for purposes of compliance with
the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.)
and have concluded that under the categorical exclusions provision in
section 4.05 of Maritime Administrative Order (MAO) 600-1, ``Procedures
for Considering Environmental Impacts,'' 50 FR 11606 (March 22, 1985),
neither the preparation of an Environmental Assessment, an
Environmental Impact Statement, nor a Finding of No Significant Impact
for this rulemaking is required. This rulemaking has no environmental
impact.
Executive Order 13211 (Energy Supply, Distribution, or Use)
MARAD has determined that this rulemaking will not significantly
affect energy supply, distribution, or use. Therefore, no Statement of
Energy Effects is required.
Executive Order 13045 (Protection of Children)
Executive Order 13045, Protection of Children from Environmental
Health Risks and Safety Risks, requires agencies issuing ``economically
significant'' rules that involve an environmental health or safety risk
that may disproportionately affect children, to include an evaluation
of the regulation's environmental health and safety effects on
children. As discussed previously, this rulemaking is not economically
significant, and will cause no environmental or health risk that
disproportionately affects children.
Executive Order 12988 (Civil Justice Reform)
This action meets applicable standards in sections 3(a) and 3(b)(2)
of E.O. 12988, Civil Justice Reform, to minimize litigation, eliminates
ambiguity, and reduce burden.
Executive Order 12630 (Taking of Private Property)
This rulemaking will not effect a taking of private property or
otherwise have taking implications under Executive Order 12630,
Governmental Actions and Interference with Constitutionally Protected
Property Rights.
International Trade Impact Assessment
This rulemaking is not expected to contain standards-related
activities that create unnecessary obstacles to the foreign commerce of
the United States.
Privacy Impact Assessment
Section 522(a)(5) of the Transportation, Treasury, Independent
Agencies, and General Government Appropriations Act, 2005 (Pub. L. 108-
447, div. H, 118 Stat. 2809 at 3268) requires the Department of
Transportation and certain other Federal agencies to conduct a privacy
impact assessment of each proposed rule that will affect the privacy of
individuals. Claims submitted under this rule will be treated the same
as all legal claims received by MARAD. The processing and treatment of
any claim within the scope of this rulemaking by MARAD shall comply
with all legal, regulatory and policy requirements regarding privacy.
Unfunded Mandates Reform Act of 1995
The Unfunded Mandates Reform Act of 1995 requires Agencies to
evaluate whether an Agency action would result in the expenditure by
State, local, and tribal governments, in the aggregate, or by the
private sector, of $141.3 million or more (as adjusted for inflation)
in any 1 year, and if so, to take steps to minimize these unfunded
mandates. This rulemaking will not impose unfunded mandates under the
Unfunded Mandates Reform Act of 1995. It will not result in costs of
$141.3 million or more to either State, local, or tribal governments,
in the aggregate, or to the private sector, and is the least burdensome
alternative that achieves the objectives of the rule.
Regulation Identifier Number (RIN)
A regulation identifier number (RIN) is assigned to each regulatory
action listed in the Unified Agenda of Federal Regulations. The
Regulatory Information Service Center publishes the Unified Agenda in
April and October of each year. The RIN number contained in the heading
of this document can be used to cross-reference this action with the
Unified Agenda.
Paperwork Reduction Act
Under the Paperwork Reduction Act of 1995 (PRA) (44 U.S.C. 3501 et
seq.), Federal agencies must obtain approval from OMB for each
collection of information they conduct, sponsor, or require through
regulations. This rulemaking proposes to update the regulations with
two new exceptions to the restrictions on the eligibility of vessels
over 165 feet in registered length to be documented with fishery
endorsements, removes certain exemptions relating to specific vessels,
and adds restrictions on large vessels by limiting those vessels from
participating in the non-AFA trawl catcher processor subsector. This
rulemaking contains no new or amended information collection or
recordkeeping requirements that have been approved or require approval
by the Office of Management and Budget.
List of Subjects in 46 CFR Part 356
Citizenship and naturalization, Fishing vessels, Mortgages,
Penalties, Reporting and recordkeeping requirements, Vessels.
For the reasons set out in the preamble, the Maritime
Administration proposes to amend 46 CFR part 356 as follows:
PART 356--REQUIREMENTS FOR VESSELS OF 100 FEET OR GREATER IN
REGISTERED LENGTH TO OBTAIN A FISHERY ENDORSEMENT TO THE VESSEL'S
DOCUMENTATION
0
1. The authority citation for part 356 continues to read as follows:
Authority: 46 U.S.C. 12102; 46 U.S.C. 31322; Pub. L. 105-277,
division C, title II, subtitle I, section 203 (46 U.S.C. 12102
note), section 210(e), and section 213(g), 112 Stat. 2681; Pub. L.
107-20, section 2202, 115 Stat. 168-170; 49 CFR 1.66.
0
2. Revise Sec. 356.47(b) to read as follows:
(b) A vessel that meets one or more of the conditions in paragraph
(a) of this section may still be eligible for a fishery endorsement if:
(1) A certificate of documentation was issued for the vessel and
endorsed with a fishery endorsement that was effective on September 25,
1997;
(2) The vessel--
(i) is either a rebuilt vessel or replacement vessel under section
208(g) of the American Fisheries Act (title II of
[[Page 33163]]
division C of Pub. L. 105-277; 112 Stat. 2681-627);
(ii) is eligible for a fishery endorsement under this section; and
(iii) in the case of a vessel listed in paragraphs (1) through (20)
of section 208(e) of the American Fisheries Act (title II of division C
of Pub. L. 105-277; 112 Stat. 2681-625 et seq.) is neither
participating in nor eligible to participate in the non-AFA trawl
catcher processor subsector (as that term is defined under section
219(a)(7) of the Department of Commerce and Related Appropriations Act,
2005 (Pub. L. 108-447; 118 Stat. 2887); or
(3) The vessel is a fish tender vessel that is not engaged in
harvesting or processing of fish.
0
3. Revise Sec. 356.47(c) to read as follows:
(c) A vessel that is prohibited from receiving a fishery
endorsement under paragraph (a) of this section will be eligible if the
owner of such vessel demonstrates to MARAD that
(i) The regional fishery management council of jurisdiction
established under section 302(a)(1) of the Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C. 1852(a)(1)) has recommended
after October 21, 1998, and the Secretary of Commerce has approved,
conservation and management measures in accordance with the American
Fisheries Act (Pub. L. 105-277, div. C, title II) (16 U.S.C. 1851 note)
to allow the vessel to be used in fisheries under the
council'sAuthority; and
(ii) In the case of a vessel listed in paragraphs (1) through (20)
of section 208(e) of the American Fisheries Act (title II of division C
of Pub. L. 105-277; 112 Stat. 2681-625 et seq.), the vessel is neither
participating in nor eligible to participate in the non-AFA trawl catch
processor subsector (as that term is defined under section 219(a)(7) of
the Department of Commerce and Related Agencies Appropriations Act,
2005 (Pub. L. 108-447; 118 Stat. 2887)).
0
4. Remove Sec. 356.51(a) through (d) and redesignate Sec. 356.51(e)
through (f) as Sec. 356.51(a) and (b), respectively.
By Order of the Maritime Administrator.
Dated: June 3, 2014.
Christine Gurland,
Acting Secretary, Maritime Administration.
[FR Doc. 2014-13282 Filed 6-9-14; 8:45 am]
BILLING CODE 4910-81-P