[Federal Register Volume 84, Number 71 (Friday, April 12, 2019)]
[Rules and Regulations]
[Pages 14886-14887]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-07304]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 600
[Docket No. 160908833-9240-02]
RIN 0648-BG34
Requirements of the Vessel Monitoring System Type-Approval
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule.
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SUMMARY: All owners of vessels participating in a NOAA Vessel
Monitoring System (VMS) program are required to acquire a NMFS-approved
Enhanced Mobile Transmitting Unit (EMTU) or Mobile Transmitting Unit
(MTU) to comply with the Vessel Monitoring System requirements. This
final action amends the existing VMS Type-Approval regulations by
removing the requirement for VMS vendors to periodically renew their
EMTU/MTU type-approvals. This renewal process has proven to be
unnecessary, has cost fishermen and approved VMS vendors additional
time and expense, and has imposed unnecessary costs on the government.
Removing the type-approval renewal requirement will spare fishermen,
VMS vendors and the government the time and expense associated with the
renewal process.
DATES: The final rule will be effective April 12, 2019.
FOR FURTHER INFORMATION CONTACT: Kelly Spalding, Vessel Monitoring
System Program Manager, Headquarters: 301-427-8269 or
[email protected].
SUPPLEMENTARY INFORMATION:
Background
In December 2014, NMFS published a final rule to codify national
VMS type-approval standards for the approval by NMFS of an EMTU/MTU,
any associated software, and mobile communications service (MCS;
collectively referred to as a VMS) before they are authorized for use
in the NMFS VMS program. See 79 FR 77399 (December 24, 2014). Those
standards are set out in 50 CFR part 600, subpart Q, Vessel Monitoring
System Type-Approval.
Fishers must comply with applicable Federal fishery VMS
regulations, and in doing so, may select from a variety of EMTU/MTU
vendors that have been approved by NMFS to participate in the VMS
program for specific fisheries. The NOAA Office of Law Enforcement
(OLE) maintains the list of type-approved VMS units at http://www.nmfs.noaa.gov/ole/about/our_programs/vessel_monitoring.html. The
EMTU/MTU allows OLE to determine the geographic position of the vessel
at specified intervals or during specific events, via mobile
communications services between NMFS OLE and the vessel using a NMFS-
approved MCS provider. These communications are secure and the
information is only made available to authorized personnel.
This action removes the two sections of 50 CFR part 600, subpart Q,
that require VMS type-approval holders (VMS vendors) to periodically
renew their type-approvals. Section 600.1512 of the VMS type approval
regulations previously provided that type-approvals were valid for
three years from the date on which NMFS publishes a notice in the
Federal Register of the approval; and that prior to the expiration of
that three-year type-approval period, the VMS vendor was required to
apply for a type-approval renewal. NMFS found that the renewal process
is unnecessary, has cost fishermen and approved VMS vendors additional
time and expense, and imposed unnecessary cost on the government.
Removing the type-approval renewal requirement spares fishermen, VMS
vendors and the government the time and expense associated with the
renewal process without impairing the effectiveness of the VMS program.
Section 600.1513 of Subpart Q set out the type-approval renewal
process. A VMS vendor seeking renewal of a VMS type-approval was
required to submit a written renewal request and supporting materials
to NOAA OLE at least 30 days, but not more than six months, prior to
the end of the three-year type-approval period. To do so, the type-
approval holder was required to submit a written request letter
containing the information and documentation regarding their continued
compliance with their Vessel Monitoring System Type-Approval.
The type-approval renewal provisions were designed to provide for
an in-depth look at the type-approval holder's overall record of
compliance with type-approval requirements. However, NMFS' experience
with the renewal process showed it to be cumbersome for both type-
approval holders and NMFS OLE. In some cases, type-approval holders
opted to apply for type-approval of newer VMS units rather than seek
renewal of their older VMS units. When a type-approval lapsed due to
non-renewal, fishermen were required to replace their VMS units that
were no longer type approved, despite the fact that the unit may still
have been functional and compliant with all current VMS standards.
Doing so imposed unnecessary cost on fishermen who had to purchase a
new VMS unit and may have led to lost fishing opportunities while the
VMS unit was being replaced.
In addition to being costly and burdensome for type-approval
holders, fishermen and NMFS, the renewal process was not necessary
because 50 CFR 600.1514 (re-designated as Sec. 600.1512 by this final
rule) sets out an EMTU type-approval revocation process. In the event
that a type-approved EMTU model fails to meet the VMS EMTU
specifications, NMFS can remove it from the VMS program through this
revocation process. With this action, the type-approval will remain
valid indefinitely unless NMFS initiates the revocation process
pursuant
[[Page 14887]]
to Sec. 600.1514, or the type-approval holder chooses or agrees to
forfeit their type-approval. Due to the removal of the type-approval
renewal process in Sec. 600.1513, NMFS is removing the reference to
that section in Sec. 600.1510 (Notification of type-approval). NMFS is
also re-designating Sec. Sec. 600.1514 through 600.1518 as Sec. Sec.
600.1512 through 600.1516, in light of the removal of the former
Sec. Sec. 600.1512 and 600.1513.
NMFS issued a proposed rule on December 5, 2017, to remove the VMS
type-approval renewal requirement discussed above. See 82 FR 57419
(December 5, 2017). NMFS received no comments during the initial 30-day
comment period on the rule and re-opened the comment period for an
additional 30 days in February 2018. See 83 FR 8416 (Feb. 27, 2018).
Changes From the Proposed Rule
There are no changes from the proposed rule.
Responses to Public Comments
NMFS received six public comments on the proposed rule. Two
individuals provided comments in support of the rule. NMFS received
four comments that compared U.S. air quality to that of other countries
and expressed the view that U.S. environmental regulations hinder
business growth. These comments are not directly relevant to this
rulemaking, so we did not prepare a response.
Classification
The NMFS Assistant Administrator has determined that this rule is
consistent with the provisions of the Magnuson-Stevens Fishery
Conservation and Management Act, and other applicable law.
This rule has been determined to be not significant for purposes of
Executive Order 12866. This rule is an Executive Order 13771
deregulatory action.
Because this rule relieves a restriction by removing the
requirement that VMS type-approval holders renew their type approval
every three years, it falls within an exception to the 30-day delay in
the date of effectiveness provision of the Administrative Procedure Act
(5 U.S.C. 553(d)(1)). As noted in the Background section above, this
final rule removes two sections of 50 CFR part 600, subpart Q that
require VMS type approval holders to periodically renew their type
approval. This final rule eliminates the requirement for type-approval
holders to submit to NMFS a written renewal request and supporting
documentation demonstrating their compliance with the detailed VMS
type-approval requirements over the preceding three years.
The Chief Counsel for Regulation of the Department of Commerce
certified to the Chief Counsel for Advocacy of the Small Business
Administration (SBA) during the proposed rule stage that this rule
would not have a significant economic impact on a substantial number of
small entities. The factual basis for the certification was published
in the proposed rule and is not repeated here. No comments were
received regarding this certification. As a result, a regulatory
flexibility analysis was not required and none was prepared.
List of Subjects in 50 CFR Part 600
Administrative practice and procedure, Fisheries, Fishing,
Reporting and recordkeeping requirements.
Dated: April 9, 2019.
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 600 is amended
as follows:
PART 600--MAGNUSON-STEVENS ACT PROVISIONS
0
1. The authority citation for part 600 continues to read as follows:
Authority: 5 U.S.C. 561 and 16 U.S.C. 1801 et seq.
0
2. In Sec. 600.1510, revise paragraph (a) to read as follows:
Sec. 600.1510 Notification of type-approval.
(a) If a request made pursuant to Sec. 600.1501 (type-approval) is
approved or partially approved, NMFS will issue a type approval letter
and publish a notice in the Federal Register to indicate the specific
EMTU model, MCSP or bundle that is approved for use, the MCS or class
of MCSs permitted for use with the type-approved EMTU, and the regions
or fisheries in which the EMTU, MCSP, or bundle is approved for use.
* * * * *
Sec. Sec. 600.1512 and 600.1513 [Removed]
0
3. Remove Sec. Sec. 600.1512 and 600.1513.
Sec. Sec. 600.1514 through 600.1518 [Redesignated as Sec. Sec.
600.1512 through 600.1516]
0
4. Redesignate Sec. Sec. 600.1514 through 600.1518 as Sec. Sec.
600.1512 through 600.1516, respectively.
[FR Doc. 2019-07304 Filed 4-11-19; 8:45 am]
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