[Federal Register Volume 82, Number 230 (Friday, December 1, 2017)]
[Rules and Regulations]
[Pages 56899-56901]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-25896]


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DEPARTMENT OF TRANSPORTATION

Maritime Administration

46 CFR Part 356

RIN 2133-AB86


Requirements To Document U.S.-Flag Fishing Industry Vessels of 
100 Feet or Greater in Registered Length

AGENCY: Maritime Administration, Department of Transportation.

ACTION: Final rule.

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SUMMARY: The Maritime Administration (``MARAD'') is amending its 
regulations which implement new requirements regarding certain large 
fishing industry vessels set forth in the American Fisheries Act of 
1998 (``AFA''), as amended by the Coast Guard Authorization Act of 2010 
(``CGAA'') and the Coast Guard and Maritime Transportation Act of 2012 
(``CGMTA''). The 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. 
In addition, MARAD is revising its Large Vessel Certification form to 
incorporate these new requirements.

DATES: This final rule becomes effective on January 2, 2018.

FOR FURTHER INFORMATION 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, W24-214, Washington, DC 20590-
0001. You may send electronic mail to [email protected].

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. 
The 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 (``Section 307'') 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 is updating its regulations under 46 CFR part 
356 to reflect these amendments to the AFA and 46 U.S.C. 12113.
    In addition to updating our regulations under 46 CFR part 356, 
MARAD is revising its Large Vessel Certificate to reflect the 
amendments to 46 U.S.C. 12113. Owners of fishing industry vessels 165 
feet or greater in registered length are required to submit a Large 
Vessel Certificate to MARAD on an annual basis under 46 CFR 356.47(e). 
The revisions to the form include provisions for the replacement and 
fish tender vessels as well as a provision that an AFA sector vessel is 
neither participating in nor eligible to participate in the non-AFA 
trawl catcher-processor sector.
    Finally, MARAD is amending 46 CFR 356.47(a) to update the statutory 
citation to the current code sections.

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 final rule is not 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 13771 (Reducing Regulation and Controlling Regulatory 
Costs)

    This rule is not an E.O. 13771 regulatory action because this rule 
is not significant under E.O. 12866.

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

[[Page 56900]]

rulemaking has no substantial effect on the States, 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 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, eliminate 
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 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 updates 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.

Comments on the Proposed Rule

    In response to the agency's Federal Register document seeking 
public comment on its proposed revisions to 46 CFR part 356 published 
on June 10, 2014 (79 FR 33160), a total of three separate comment 
submissions were made by or on behalf of the following entities: 
Groundfish Forum, O'Hara Corporation, and the At-Sea Processors 
Association. The agency responds below to all comments.
    Two commenters suggested that 46 CFR 356.47(b) be revised to 
clarify that the restrictions imposed by Section 307 apply to all the 
vessels listed in paragraphs (1) through (20) of section 208(e) of the 
American Fisheries Act (non-Amendment 80 AFA catcher-

[[Page 56901]]

processor vessels) regardless of which large vessel exemption the 
vessel falls under in 46 U.S.C. 12113(d)(2) in order to preserve the 
statutory distinction between the AFA and Amendment 80 sectors. To 
accomplish this, one of the commenters recommended adopting the 
technical advice provided by the National Oceanic and Atmospheric 
Administration (NOAA) to Congress during its consideration of Section 
307. We acknowledge that Section 307 of the CGMTA is intended to codify 
and maintain the separation of the AFA sector from the non-AFA trawler 
sector as evidenced by statements of Senators Cantwell, Murkowski, and 
Begich in the Congressional Record and the text of the statute. 158 
Cong. Rec. S7972 (Dec. 12, 2012). We note, however, that NOAA's 
technical advice that would have edited Section 307 to accomplish this 
separation was not ultimately adopted by Congress because the non-AFA 
trawler sector restrictions on AFA sector vessels were only inserted in 
the regional fishery management council provision and the replacement 
vessel exemptions to the large vessel prohibition of 46 U.S.C. 12113(d) 
(sections 12113(d)(2)(B) and (C), respectively). In light of the fact 
that the statutory amendments of Section 307 are sufficiently complete 
as to be self-executing, MARAD finds that the best way to implement the 
restrictions on AFA sector vessels consistent with the statutory 
language of Section 307 and Congressional intent is to insert the 
restrictions in our regulations as they appear in the statute. 
Nevertheless, to assure that the sector separation of section 307 is 
clear, MARAD is revising its Large Vessel Certificate (see below) to 
require all AFA sector vessels subject to the large vessel restrictions 
of 46 U.S.C. 12113(d) to certify that they are neither eligible nor 
participating in the non-AFA trawler sector. In order to be eligible 
for a fishery endorsement, all large fishing industry vessels subject 
to 46 U.S.C. 12113(d) must submit a Large Vessel Certificate under 
MARAD regulation 46 CFR 356.47.
    Another commenter noted that the revisions to 46 CFR 356.47(b) 
omitted subsection (2) providing that a large vessel is still eligible 
for a fishery endorsement if it is not placed under foreign registry 
after October 1998. This omission was inadvertent. Neither the CGMTA 
nor the CGAA repealed this provision. The final rule will contain 
subsection (2).

    Authority: 46 U.S.C. 12113(d).

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 amends 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. 12151; 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; Pub. L. 114-
74; 49 CFR 1.93.


0
2. Amend Sec.  356.47 by revising paragraphs (a) through (c) to read as 
follows:


Sec.  356.47   Special requirements for large vessels.

    (a) Unless exempted in paragraph (b), (c) or (d) of this section, a 
vessel is not eligible for a fishery endorsement under 46 U.S.C. 12113 
if:
    (1) It is greater than 165 feet in registered length;
    (2) It is more than 750 gross registered tons (as measured pursuant 
to 46 U.S.C. Chapter 145) or 1900 gross registered tons (as measured 
pursuant to 46 U.S.C. Chapter 143); or
    (3) It possesses a main propulsion engine or engines rated to 
produce a total of more than 3,000 shaft horsepower; such limitation 
shall not include auxiliary engines for hydraulic power, electrical 
generation, bow or stern thrusters, or similar purposes.
    (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)(i) A certificate of documentation was issued for the vessel and 
endorsed with a fishery endorsement that was effective on September 25, 
1997; and
    (ii) The vessel is not placed under foreign registry after October 
1998;
    (2) The vessel--
    (i) Is either a rebuilt vessel or replacement vessel under section 
208(g) of the American Fisheries Act (title II of 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 Agencies 
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.
    (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:
    (1) 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's 
authority; and
    (2) 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 
catcher 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)).
* * * * *


Sec.  356.51   [Amended]

0
3. Amend Sec.  356.51 by removing paragraphs (a) through (d) and 
redesignating paragraphs (e) through (f) as new paragraphs (a) and (b), 
respectively.

    Dated: November 28, 2017.

    By Order of the Maritime Administrator.
T. Mitchell Hudson, Jr.,
Secretary, Maritime Administration.
[FR Doc. 2017-25896 Filed 11-30-17; 8:45 am]
 BILLING CODE 4910-81-P