[Federal Register Volume 83, Number 239 (Thursday, December 13, 2018)]
[Rules and Regulations]
[Pages 64032-64034]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-26984]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 171128999-8999-02]
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: Final rule.

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SUMMARY: NMFS issues this final rule to implement administrative 
revisions to the renewal process for Federal vessel permits, licenses, 
and endorsements, and dealer permits in the NMFS Southeast Region. This 
final rule removes the regulatory requirement that NMFS must mail a 
renewal application to a permit holder whose Federal vessel, license, 
or endorsement, or dealer permit is expiring. NMFS will continue to 
provide notice of the upcoming expiration date to the permit holder. 
This final rule also removes 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 allows NMFS expanded options for notifying permit 
holders. The purpose of this final rule is to reduce the administrative 
costs and burden to NMFS of renewing Federal permits, while still 
maintaining the renewal notice, information, and services to the 
public.

DATES: This final rule is effective on January 14, 2019.

ADDRESSES: Written comments regarding the burden-hour estimates or 
other aspects of the collection-of-information requirements contained 
in this final rule may be submitted to Adam Bailey, NMFS Southeast 
Regional Office, 263 13th Avenue South, St. Petersburg, FL 33701, or 
the Office of Management and Budget (OMB) 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.
    On August 1, 2018, NMFS published a proposed rule and requested 
public comment on possible administrative process revisions to the 
renewal of Federal vessel permits, licenses, or endorsements, and 
Federal dealer permits (hereafter referred to collectively as permits) 
for species managed under multiple fishery management plans (FMPs) 
developed by Gulf of Mexico (Gulf) and South Atlantic Fishery 
Management Councils (83 FR 37455). The proposed rule outlined the 
rationale for the actions contained in this final rule. A summary of 
the management measures described in the proposed rule and implemented 
by this final rule is provided below.

Management Measures Contained in This Final Rule

    This final rule removes the requirement that the Regional 
Administrator (RA) for the NMFS Southeast Region automatically mails a 
renewal application with the notice sent to a permit holder whose 
Federal permit is expiring. Instead, approximately 2 months prior to 
the expiration date of the permit, the RA will continue to provide 
notice to each permit holder through a letter, email, or other 
appropriate means, and in the notice provide the available options for 
an applicant to obtain a permit renewal application.
    NMFS will continue to mail renewal applications upon request from 
an applicant. Permit holders may call the NMFS Southeast Permits Office 
to make that request at 1-877-376-4877, Monday through Friday between 8 
a.m. and 4:30 p.m., eastern time. Permit holders may also obtain 
applications in person or through written request from the NMFS 
Southeast Permits Office, located at 263 13th Ave. South, St. 
Petersburg, Florida 33701.
    Applications to renew a Federal permit are currently available for 
download and printing from the NMFS Southeast Permits Office website at 
http://sero.nmfs.noaa.gov/operations_management_information_services/constituency_services_branch/permits/index.html.
    In addition, NMFS has continued to expand the number of renewal 
applications that can be accessed and submitted online at the Southeast 
Permits Office website. This option includes the ability to pay 
application fees electronically. As of October 3, 2018, applicants can 
submit applications online to renew the majority of the Federal permits 
in the southeast region.
    This final rule also removes the requirement that the RA must 
notify an applicant of any deficiency in a renewal application only by 
a letter sent through traditional mail. NMFS may notify a permit holder 
of an application

[[Page 64033]]

deficiency through a letter, email, or other appropriate means that may 
be available.
    NMFS expects this final 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 final 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 final rule 
will not result in any change to fisheries operations.
    As described in 50 CFR 622.4(g)(1), NMFS reminds permit holders 
that a completed renewal application along with required supporting 
documentation, must be submitted to the RA at least 30 days prior to 
the date on which the applicant desires to have the permit effective. 
This final rule does not revise this permit renewal requirement.

Additional Change Not Part of This Final Rule

    Although not a regulatory requirement, NMFS has historically mailed 
renewal applications for Federal operator cards (required for the 
Atlantic dolphin and wahoo, and South Atlantic rock shrimp commercial 
fisheries) to vessel operators prior to the expiration date. Upon 
implementation of this final rule, NMFS will not automatically mail a 
renewal application 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 final 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.

Comments and Responses

    NMFS received 23 comments from individuals and a fisheries 
consulting company on the proposed rule. The majority of the comments 
were in support of the proposed rule. NMFS acknowledges the comments in 
favor of all or part of the proposed rule, and agrees with them. 
Comments that were beyond the scope of the proposed rule are not 
responded to in this final rule. Comments specifically in opposition to 
all or some of the actions in the proposed rule, as well as NMFS' 
respective responses, are summarized below.
    Comment 1: The proposed rule will result in additional burdens to 
permit holders such as additional time requirements and steps in the 
permit renewal process, and as a result, could cause permits to expire.
    Response: As discussed in the proposed rule, although permit 
holders who currently rely on the application being automatically 
mailed to them will be affected, any added cost or time to permit 
holders to acquire an application by the most commonly anticipated 
methods, that is, by telephone request, digital download, or online 
access and submission, is expected to be minimal. All of these methods 
to acquire an application already exist, and an applicant may select a 
different option based on their preference each time they need to renew 
a permit. As of October 2018, applicants can access and submit 
applications online for the majority of the permits issued under the 
FMPs, and NMFS continues to expand the number of permit renewal 
applications that are available to submit online. For those permit 
holders with access to a computer and the internet, accessing and 
submitting a renewal application online will provide a direct benefit 
to permit holders by eliminating the cost of mailing a completed paper 
application and a check or money order. By providing the ability to pay 
the permit renewal fee electronically, the benefits include, but are 
not restricted to, higher transaction speed, reduced check-associated 
costs, and greater transaction transparency. Those permit holders that 
do not have access to a computer or the internet can call and request 
that NMFS mail them an application.
    NMFS does not expect this final rule to change the average time 
required for an applicant to complete a permit renewal application. 
NMFS will continue to provide permit reporting requirements and 
instructions for viewing vessel reporting status in the permit renewal 
notification, which NMFS sends to every permit holder approximately 2 
months prior to the expiration date of a permit. NMFS does not expect 
this final rule to affect the ability of any permit holder to renew a 
permit.
    Comment 2: Renewing permits should continue via printed and mailed 
applications. Receiving an application in the mail has helped remind 
permit holders to renew their permits, and not all permit holders have 
access to a computer or prefer not to use electronic methods to obtain 
an application (e.g., through email or digital download).
    Response: Those permit holders who continue to need NMFS to send a 
paper application can request one. Removing the requirement to mail all 
permit renewal applications will reduce costs, while still allowing 
NMFS to provide paper applications to those permit holders who want 
them.
    This final rule also allows NMFS to use expanded options for 
notifying permit holders about permit renewals. NMFS will continue to 
notify the permit holder approximately 2 months prior to the expiration 
date of their permit through a letter, email, or other appropriate 
means that may be available. That renewal notification will also 
include instructions for obtaining an application.
    Comment 3: Commercial fishermen in catch share programs pay a 3 
percent cost recovery fee to NMFS. Because commercial fishermen pay 
these administrative costs, it is not fair to reduce administrative 
costs to the government and impose additional administrative duties on 
commercial fishermen.
    Response: Cost recovery fees can only be used to pay for 
incremental costs directly related to the management and enforcement of 
the red snapper and grouper-tilefish individual fishing quota (IFQ) 
programs. The costs incurred by NMFS to mail renewal applications to 
permit holders are unrelated to the management and enforcement of those 
programs. Permits are required to harvest and possess multiple species 
of fish regardless of whether someone participates in one of IFQ 
programs, and this final rule applies to all permits issued by the 
Southeast Permits Office.
    Further, as discussed in the response to Comment 1, any added cost 
or time to permit holders to acquire an application by the most 
commonly anticipated methods, that is, by telephone request, digital 
download, or online access and submission, is expected to be minimal. 
However, this final rule gives NMFS the flexibility to use more 
efficient means to provide permit renewal applications and 
notifications of application deficiency.

Classification

    The RA for the NMFS Southeast Region has determined that this final 
rule is consistent with the applicable FMPs in the Gulf and South 
Atlantic, the Magnuson-Stevens Act, and other applicable laws.
    This final rule has been determined to be not significant for 
purposes of Executive Order 12866.

[[Page 64034]]

    The Magnuson-Stevens Act provides the statutory basis for this 
final rule. No duplicative, overlapping, or conflicting Federal rules 
have been identified. In addition, no new reporting, recordkeeping, or 
other compliance requirements are introduced by this final rule.
    The Chief Counsel for Regulation of the Department of Commerce 
certified to the Chief Counsel for Advocacy of the Small Business 
Administration during the proposed rule stage that this rule would not 
have a significant adverse economic impact on a substantial number of 
small entities. The factual basis for this determination was published 
in the proposed rule and is not repeated here. No significant issues 
were raised by public comments related to the economic impacts on small 
businesses, and no changes to this final rule were made in response to 
public comments. As a result, a final regulatory flexibility analysis 
was not required and none was prepared.
    This final rule contains collection-of-information requirements 
subject to the Paperwork Reduction Act (PRA) that OMB has approved 
under control number 0648-0205. Public reporting burdens for renewal 
applications in the Southeast Region Permit Family of Forms are 
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 final rule does 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://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: December 10, 2018.
Alan D. Risenhoover,
Acting Deputy Assistant Administrator for Regulatory Programs, National 
Marine Fisheries Service.

    For the reasons set out in the preamble, 50 CFR part 622 is 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. 2018-26984 Filed 12-12-18; 8:45 am]
 BILLING CODE 3510-22-P