[Federal Register Volume 83, Number 148 (Wednesday, August 1, 2018)]
[Proposed Rules]
[Pages 37455-37458]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-16462]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 171128999-8625-01]
RIN 0648-BH43


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Permit Renewal Applications

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 to make administrative revisions to the renewal 
process for Federal vessel permits, licenses, and endorsements, and 
dealer permits (hereafter referred to collectively as permits) in the 
NMFS Southeast Region. This proposed rule would remove the regulatory 
requirement that NMFS must mail a renewal application to a permit 
holder (vessel or dealer) whose Federal permit is expiring. NMFS will 
continue to provide notice of the upcoming expiration date to the 
permit holder. This proposed rule would also remove the regulatory 
requirement that NMFS must notify an applicant of any deficiency in a 
renewal application only through sending a letter via traditional mail, 
such as through the U.S. Postal Service, which would allow NMFS 
expanded options for notifying permit holders. The purpose of this 
proposed rule is to reduce the administrative costs and burden to NMFS 
of renewing Federal permits, while still maintaining the needed 
information and services to the public.

DATES: Written comments must be received by August 31, 2018.

ADDRESSES: You may submit comments on the proposed rule identified by

[[Page 37456]]

``NOAA-NMFS-2018-0064'' by either of the following methods:
     Electronic Submission: Submit all electronic public 
comments via the Federal e-Rulemaking Portal. Go to 
www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2018-0064, click the 
``Comment Now!'' icon, complete the required fields, and enter or 
attach your comments.
     Mail: Submit all written comments to Sarah Stephenson, 
NMFS Southeast Regional Office, 263 13th Avenue South, St. Petersburg, 
FL 33701.
    Instructions: Comments sent by any other method, to any other 
address or individual, or received after the end of the comment period, 
may not be considered by NMFS. All comments received are a part of the 
public record and will generally be posted for public viewing on 
www.regulations.gov without change. All personal identifying 
information (e.g., name, address, etc.), confidential business 
information, or otherwise sensitive information submitted voluntarily 
by the sender will be publicly accessible. NMFS will accept anonymous 
comments (enter ``N/A'' in the required fields if you wish to remain 
anonymous).
    Written comments regarding the burden-hour estimates or other 
aspects of the collection-of-information requirement contained in this 
proposed rule may be submitted to Adam Bailey, NMFS Southeast Regional 
Office (see mailing address above), by email to 
[email protected], or by fax to 202-395-5806.

FOR FURTHER INFORMATION CONTACT: Sarah Stephenson, NMFS Southeast 
Regional Office, telephone: 727-824-5305, email: 
[email protected].

SUPPLEMENTARY INFORMATION: In the U.S. southeast region, NMFS and 
regional fishery management councils manage fisheries in Federal waters 
under the under the authority of the Magnuson-Stevens Fishery 
Conservation and Management Act (Magnuson-Stevens Act) (16 U.S.C. 1801 
et seq.) and through regulations implemented by NMFS at 50 CFR part 
622.

Background

    NMFS issues permits, licenses, or endorsements to vessel owners and 
seafood dealers for species managed under multiple fishery management 
plans (FMPs) developed by Gulf of Mexico (Gulf) and South Atlantic 
Fishery Management Councils. These permits are valid for 1 year from 
the date of issuance by NMFS. Current regulations require the Regional 
Administrator (RA) for the NMFS Southeast Region to mail a paper 
renewal application with instructions to a permit holder whose Federal 
permit is expiring approximately 2 months prior to the expiration date 
(50 CFR 622.4(g)(1)).
    This requirement creates an administrative cost and time burden on 
NMFS, and other more efficient methods to obtain an application exist. 
The vessel permit application form with instructions totals nine pages, 
double sided, and the dealer permit application form with instructions 
totals five pages, double sided. Each of the application renewals 
incurs unnecessary labor and material costs for the printing and 
mailing of the renewal forms. In 2017, a total of 5,269 permit holders 
were estimated to collectively hold 18,188 permits that must be renewed 
annually. Depending on the renewal application package required, the 
corresponding number of pages mailed by the Southeast Permits Office 
each year for these renewals is between 26,345 and 47,421 pages.
    Additionally, the current regulation for permit renewals requires 
NMFS to notify an applicant of any deficiency in a renewal application 
by a letter, which NMFS sends through traditional mail (50 CFR 
622.4(g)(1)). In 2017, the NMFS Southeast Permits Office received 
approximately 8,060 separate applications for vessel permits, licenses, 
or endorsements, and dealer permits, of which NMFS subsequently mailed 
letters to 4,305 applicants (53 percent) to address application 
deficiencies. These notifications also incur unnecessary labor and 
material costs for the printing and mailing of these letters.

Management Measures Contained in This Proposed Rule

    This proposed rule would remove the requirement that the RA mail a 
renewal application to a permit holder whose Federal permit is 
expiring. Instead, the RA would notify the permit holder approximately 
2 months prior to the expiration date of the permit through a letter, 
email, or other appropriate means that may be available. NMFS would 
continue to mail applications upon request from an applicant, and 
applications to renew a Federal vessel permit, license, or endorsement, 
and dealer permit are currently available for download from the NMFS 
Southeast Permits Office website at http://sero.nmfs.noaa.gov/operations_management_information_services/constituency_services_branch/permits/index.html. NMFS is also 
continuing to expand the number of applications that applicants can 
submit online. As of July 1, 2018, applicants can access and submit 
applications online to renew 13 permits.
    This proposed rule would also remove the requirement that the RA 
notify an applicant of any deficiency in a renewal application only by 
a letter sent through traditional mail.
    NMFS expects this proposed rule to reduce administrative labor and 
material costs associated with mailing permit renewal applications and 
letters of application deficiency to permit holders by allowing NMFS 
the flexibility to use more efficient means to provide the permit 
renewal applications and notifications of application deficiency.
    NMFS does not expect this proposed rule to affect the overall 
number of annual permit renewals that NMFS receives or change the 
average time necessary for an applicant to complete an application. 
This proposed rule would not result in any change to fisheries 
operations.

Additional Change not Contained in This Proposed Rule

    Although not a regulatory requirement, NMFS has historically mailed 
renewal applications for Federal operator cards to vessel operators 
prior to the expiration date. If NMFS implements this proposed rule, a 
renewal application would not automatically be mailed to individuals 
with an operator card prior to the expiration date; however, similar to 
the notification of permit holders with Federal permits discussed in 
this proposed rule, NMFS intends to continue providing notification to 
a vessel operator with an operator card of its upcoming expiration 
prior to that date. Additionally, NMFS may use methods other than by 
letter to notify applicants that a renewal application contains 
deficiencies.

Classification

    The NMFS Assistant Administrator has determined that this proposed 
rule is consistent with the applicable FMPs in the Gulf and South 
Atlantic, the Magnuson-Stevens Act, and other applicable laws, subject 
to further consideration after public comment.
    This proposed rule has been determined to be not significant for 
purposes of Executive Order 12866.
    The Magnuson-Stevens Act provides the statutory basis for this 
proposed rule. No duplicative, overlapping, or conflicting Federal 
rules have been identified. A description of this proposed rule and its 
purpose and need are contained in the SUMMARY section of the preamble.

[[Page 37457]]

    The Chief Counsel for Regulation of the Department of Commerce 
certified to the Chief Counsel for Advocacy of the Small Business 
Administration (SBA) that this proposed rule, if adopted, would not 
have a significant economic impact on a substantial number of small 
entities. The factual basis for this certification is as follows.
    This proposed rule would directly apply to businesses that operate 
in the commercial fishing (NAICS code 11411), charter vessel and 
headboat (for-hire) fishing (NAICS code 487210), and fish and seafood 
market industries (NAICS code 445220) that are required to renew 
permits, licenses, and endorsements to continue to participate in 
fisheries managed by the Gulf of Mexico and South Atlantic Fishery 
Management Councils.
    For RFA purposes only, NMFS has established a small business size 
standard for businesses, including their affiliates, whose primary 
industry is commercial fishing. A business primarily engaged in 
commercial fishing is classified as a small business if it is 
independently owned and operated, is not dominant in its field of 
operation (including its affiliates), and has combined annual receipts 
not in excess of $11 million for all its affiliated operations 
worldwide. The SBA's annual revenue threshold for a business involved 
in either the for-hire fishing, or fish and seafood marketing industry 
is $7.5 million. It is initially expected that almost all to all of the 
businesses directly affected by this action are small.
    In 2017, 5,269 unique entities were estimated to collectively hold 
18,188 permits, licenses, or endorsements that must be renewed 
annually, and these unique entities are expected to represent up to 
5,269 unique small businesses.
    The proposed rule would eliminate the requirement that the RA print 
and mail renewal applications to every applicable permit, license, or 
endorsement holder every year. Instead, the RA would notify small 
businesses whose permits are expiring and instruct them of the various 
alternative methods of acquiring the renewal application, which are: 
submit an electronic application form online, if available; download 
and print an application form; call the NMFS Southeast Permits Office 
toll-free number and request an application form by mail; or acquire an 
application form in person from the NMFS Southeast Permits Office.
    Currently, all small businesses can acquire a paper renewal 
application by either waiting for the application in the mail, 
downloading and printing one, or coming to the Permits Office. An 
increasing number of applicants can access and submit an electronic 
renewal application online, but this service is not available for all 
applicants because not all renewal applications can be submitted online 
at this time. As of July 1, 2018, applicants can access and submit 
applications online to renew 13 permits (of the 27 permits issued under 
the FMPs), and NMFS is working to increase the number of permits that 
can be renewed in this manner.
    This action would have no impact on any small businesses that 
currently submit an online application to renew their permit, download 
and print an application, or get an application in-person from the 
Permits Office. However, it would have impacts on those small 
businesses that currently rely on or otherwise use the application 
automatically mailed to them.
    NMFS expects that this proposed rule would divide those latter 
small businesses into four subgroups depending on which option to 
obtain an application they prefer and are able to choose. The number of 
small businesses that would choose any particular option is unknown. 
All options would require the same average amount of time to complete 
an application.
    As NMFS continues to expand the number of permit applications that 
are available to submit online, small businesses that presently cannot 
submit their permit renewal applications online would receive multiple 
direct and indirect benefits. These include the convenience and 
efficiency of accessing and submitting an application online, 
eliminating the cost of mailing a completed paper application 
(estimated to be, on average, $0.91 per application annually), and a 
small business' ability to pay the renewal fee(s) by either credit card 
or electronic check via Pay.gov accessed through the Southeast 
Fisheries Online Permit System, rather than by check or money order. 
Benefits of paying electronically include, but are not restricted to, 
higher transaction speed, reduced check-associated costs, and greater 
transaction transparency.
    The existing option to download and print out a paper application 
would have added benefits and costs to those who currently do not 
choose this option. These include the flexibility to acquire the 
application at their convenience and the additional direct cost of 
downloading and printing each application form (expected to vary from 
$1 to $10). This option would not change baseline mailing costs ($0.91) 
or payment options. Payment submitted with paper applications must be 
made by either check or money order.
    The proposed rule would also give small businesses the option to 
call the NMFS Southeast Permits Office toll-free to request that NMFS 
mail a paper application to them. This would require a small business 
to take the time to call NMFS to request the application be mailed. 
This option is essentially a no-action alternative; there would be no 
change in baseline mailing costs or payment options to small businesses 
for each application.
    A fourth option would be for an applicant to travel to the NMFS 
Southeast Permits Office in St. Petersburg, Florida, to obtain an 
application. However, NMFS expects that most small businesses would not 
select this option because of time and travel costs.
    The added cost to acquire an application by telephone request, 
download, online access and submission, or traveling to the Permits 
Office is expected to be minimal. In conclusion, NMFS expects this 
proposed rule would not have a significant economic impact on a 
substantial number of small entities, and an initial regulatory 
flexibility analysis is not required and none has been prepared.
    This proposed rule contains collection-of-information requirements 
subject to the Paperwork Reduction Act (PRA) and which have been 
approved by the Office of Management and Budget (OMB) under control 
number 0648-0205. Public reporting burden for renewal applications in 
the Southeast Region Permit Family of Forms is estimated to vary 
between 30 and 55 minutes, depending on the applicable form. The 
estimated reporting burdens are based on an individual response, 
including the time for reviewing instructions, searching existing data 
sources, gathering and maintaining the data needed, and completing and 
reviewing the collection of information. This proposed rule would not 
change existing collection-of-information requirements or estimated 
reporting burdens. Send comments regarding the burden estimates, or any 
other aspect of this data collection, including suggestions for 
reducing the burden to Adam Bailey, NMFS Southeast Regional Office (see 
ADDRESSES), by email to [email protected], or fax to 202-395-
5806.
    Notwithstanding any other provision of the law, no person is 
required to respond to, and no person will be subject to penalty for 
failure to comply with, a collection of information subject to the 
requirements of the PRA, unless that collection of information displays 
a currently valid OMB control number. All currently approved 
collections of information may be viewed at http://

[[Page 37458]]

www.cio.noaa.gov/services_programs/prasubs.html.

List of Subjects in 50 CFR Part 622

    Commercial, Dealer, Endorsement, Fisheries, Fishing, Gulf of 
Mexico, License, Permit, South Atlantic.

    Dated: July 27, 2018.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.

    For the reasons set out in the preamble, 50 CFR part 622 is 
proposed to be amended as follows:

PART 622--FISHERIES OF THE CARIBBEAN, GULF OF MEXICO, AND SOUTH 
ATLANTIC

0
1. The authority citation for part 622 continues to read as follows:

    Authority:  16 U.S.C. 1801 et seq.

0
2. In Sec.  622.4, revise paragraph (g)(1) to read as follows:


Sec.  622.4   Permits and fees--general.

* * * * *
    (g) * * *
    (1) Vessel permits, licenses, and endorsements, and dealer permits. 
Unless specified otherwise, a vessel or dealer permit holder who has 
been issued a permit, license, or endorsement under this part must 
renew such permit, license, or endorsement on an annual basis. The RA 
will notify a vessel or dealer permit holder whose permit, license, or 
endorsement is expiring approximately 2 months prior to the expiration 
date. A vessel or dealer permit holder who does not receive a 
notification is still required to submit an application form as 
specified below. The applicant must submit a completed renewal 
application form and all required supporting documents to the RA prior 
to the applicable deadline for renewal of the permit, license, or 
endorsement, and at least 30 calendar days prior to the date on which 
the applicant desires to have the permit made effective. Application 
forms and instructions for renewal are available online at 
sero.nmfs.noaa.gov or from the RA (Southeast Permits Office) at 1-877-
376-4877, Monday through Friday between 8 a.m. and 4:30 p.m., eastern 
time. If the RA receives an incomplete application, the RA will notify 
the applicant of the deficiency. If the applicant fails to correct the 
deficiency within 30 calendar days of the notification date by the RA, 
the application will be considered abandoned. A permit, license, or 
endorsement that is not renewed within the applicable deadline will not 
be reissued.
* * * * *
[FR Doc. 2018-16462 Filed 7-31-18; 8:45 am]
 BILLING CODE 3510-22-P