81 FR 1878 - International Fisheries; Pacific Tuna Fisheries; Vessel Register Required Information, International Maritime Organization Numbering Scheme
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration Federal Register Volume 81, Issue 9 (January 14, 2016)
National Oceanic and Atmospheric Administration
Federal Register Volume 81, Issue 9 (January 14, 2016)
| Page Range | 1878-1880 | |
| FR Document | 2016-00586 |
[Federal Register Volume 81, Number 9 (Thursday, January 14, 2016)] [Rules and Regulations] [Pages 1878-1880] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-00586] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 15 CFR Part 902 50 CFR Part 300 [Docket No. 150902807-5999-02] RIN 0648-BE99 International Fisheries; Pacific Tuna Fisheries; Vessel Register Required Information, International Maritime Organization Numbering Scheme AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: NMFS is issuing regulations to implement a resolution adopted by the Inter-American Tropical Tuna Commission (IATTC) that requires U.S. vessels fishing for tuna and tuna-like species with a capacity equal to or greater than 100 gross resister tons (GRT) to have an International Maritime Organization (IMO) number. The IMO number will be included with information the United States sends to the IATTC for vessels authorized to fish for tuna and tuna-like species in the IATTC Convention Area, and will enable more effective tracking of vessels that may be engaging in illegal, unreported, and unregulated fishing. DATES: This final rule is effective February 13, 2016. 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 Chris Fanning, NMFS West Coast Region and by email to [email protected]. Copies of the Regulatory Impact Review (RIR) and other supporting documents are available via the Federal e-Rulemaking Portal: http://www.regulations.gov, docket NOAA-NMFS-2015-0129 or by contacting the Regional Administrator, William W. Stelle, Jr., NMFS West Coast Regional Office, 7600 Sand Point Way NE., Bldg 1, Seattle, WA 98115- 0070, or by email to [email protected]. FOR FURTHER INFORMATION CONTACT: Chris Fanning, NMFS, West Coast Region, 562-980-4198. SUPPLEMENTARY INFORMATION: Background on the Proposed and Final Rulemaking On October 27, 2015, NMFS published a proposed rule in the Federal Register (80 FR 65683) that would revise and add regulations at 50 CFR part 300, subpart C. The purpose of the proposed rule was to implement the new regional vessel register requirements in IATTC Resolution C-14- 01 (Resolution (Amended) on a Regional Vessel Register). It was available for public comment through November 27, 2015. No comments were received. As a Contracting Party to the 1949 Convention for the Establishment of an Inter-American Tropical Tuna Commission, and a member of the IATTC, the United States is legally bound to implement decisions of the IATTC. The Tuna Conventions Act (TCA) (16 U.S.C. 951-962), as amended on November 5, 2015, by Title II of Public Law 114-81, directs the Secretary of Commerce, in consultation with the Secretary of State and, with respect to enforcement measures, the Secretary of the Department of Homeland Security, to promulgate such regulations as may be necessary to carry out the United States' international obligations under the IATTC Convention, including recommendations and decisions adopted by the IATTC. The Secretary's authority to promulgate such regulations has been delegated to NMFS. The proposed rule included background information on the TCA and the IATTC, the international obligations of the United States under the TCA, and the basis for the proposed regulations, and therefore, is not repeated here. There have been no changes from the proposed rule in this final rule. For each of the subject fishing vessels, this final rule requires that the owner of the fishing vessel ensure that an IMO number has been issued for the vessel or apply to NMFS for an exemption from the requirement. In the event that a fishing vessel owner is unable to ensure that an IMO number is issued for the fishing vessel after following the instructions given by the designated manager of the IMO ship identification number scheme, the fishing vessel owner may request an exemption from the requirement from the West Coast Regional Administrator. Upon receipt of a request for an exemption, the West Coast Regional Administrator will assist the fishing vessel owner in requesting an IMO number. If the West Coast Regional Administrator determines that the fishing vessel owner has followed all appropriate procedures but is unable to obtain an IMO number for the fishing vessel, he or she will issue an exemption from the requirements for the vessel and its owner and notify the owner of the exemption. NMFS notes that IHS Maritime, the company that provides fishing vessels with an IMO number, is a private third party. Because of this, it is conceivable that an eligible vessel may not be able to complete the necessary steps and supply the required information, resulting in a denied vessel number request. To minimize the burden on affected U.S. businesses, NMFS is not requiring that vessel owners report the IMO numbers associated with their vessel to NMFS. NMFS will collect that information from IHS Maritime directly and via data available from the United States Coast Guard. Classification The NMFS Assistant Administrator has determined that this final rule is consistent with the TCA and other applicable laws. [[Page 1879]] Executive Order 12866 This final rule has been determined to be not significant for purposes of Executive Order 12866. Regulatory Flexibility Act Pursuant to the Regulatory Flexibility Act, 5 U.S.C. 605(b), the Chief Counsel for Regulation of the Department of Commerce certified to the Chief Counsel for Advocacy of the Small Business Administration that this action 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 Final Regulatory Flexibility Analysis was not required and none was prepared. Paperwork Reduction Act (PRA) Collection of Information This action contains a collection-of-information requirement subject to PRA, which has been approved by the Office of Management and Budget (OMB) under OMB Control Number 0648-0387. A request for revision to account for the additional information that would be required pursuant to this rule is under OMB review. Public reporting burden for obtaining an IMO number, or for making an IMO exemption request are each estimated to average 30 minutes per 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. Send comments regarding this burden estimate, or any other aspect of this data collection, including suggestions for reducing the burden, to NMFS (see ADDRESSES) and to Office of Information and Regulatory Affairs ([email protected] or fax to 202-395-7285). Notwithstanding any other provision of the law, no person is required to respond to, nor shall any person be subject to a 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 NOAA collections of information may be viewed at: http://www.cio.noaa.gov/services_programs/prasubs.html. List of Subjects 15 CFR Part 902 Reporting and recordkeeping requirements. 50 CFR Part 300 Administrative practice and procedure, Fish, Fisheries, Fishing, Marine resources, Vessels, Reporting and recordkeeping requirements, Treaties. Dated: January 8, 2016. Samuel D. Rauch III, Deputy Assistant Administrator for Regulatory Programs, National Marine Fisheries Service. For the reasons set out in the preamble, 15 CFR part 902 and 50 CFR part 300 are amended as follows: Title 15--Commerce and Foreign Trade PART 902--NOAA INFORMATION COLLECTION REQUIREMENTS UNDER THE PAPERWORK REDUCTION ACT: OMB CONTROL NUMBERS 0 1. The authority citation for part 902 continues to read as follows: Authority: 44 U.S.C. 3501 et seq. 0 2. In Sec. 902.1, in the table in paragraph (b), under the entry ``50 CFR'', add an entry for ``300.22(b)(3)'' in alphanumeric order to read as follows: Sec. 902.1 OMB control numbers assigned pursuant to the Paperwork Reduction Act. * * * * * (b) * * * ------------------------------------------------------------------------ Current OMB control CFR part or section where the information collection number (all requirement is located numbers begin with 0648-) ------------------------------------------------------------------------ * * * * * 50 CFR: * * * * * 300.22(b)(3)............................................ -0387 * * * * * ------------------------------------------------------------------------ Title 50--Wildlife and Fisheries PART 300--INTERNATIONAL FISHERIES REGULATIONS Subpart C--Eastern Pacific Tuna Fisheries 0 3. The authority citation for 50 CFR part 300, subpart C, continues to read as follows: Authority: 16 U.S.C. 951 et seq. 0 4. In Sec. 300.22, revise paragraph (b)(3) to read as follows: Sec. 300.22 Eastern Pacific fisheries recordkeeping and written reports. * * * * * (b) * * * (3) Vessel information. (i) Information on each commercial fishing vessel or CPFV authorized to use purse seine, longline, drift gillnet, harpoon, troll, rod and reel, or pole and line fishing gear to fish for tuna and tuna-like species in the Convention Area for sale shall be collected by the Regional Administrator to conform to IATTC resolutions governing the Vessel Register. This information initially includes, but is not limited to, the vessel name and registration number; the name and business address of the owner(s) and managing owner(s); a photograph of the vessel with the registration number legible; previous vessel name(s) and previous flag (if known and if any); port of registry; International Radio Call Sign; vessel length, beam, and moulded depth; gross tonnage, fish hold capacity in cubic meters, and carrying capacity in metric tons and cubic meters; engine horsepower; date and place where built; and type of fishing method or methods used. The required information shall be collected as part of existing information collections as described in this and other parts of the CFR. (ii) IMO numbers. For the purpose of this section, an ``IMO number'' is the unique six or seven digit number issued for a vessel under the ship identification number scheme adopted by the International Maritime Organization (IMO) and managed by the entity identified by the IMO (currently IHS Maritime) and is also known as a Lloyd's Register number. (iii) Requirement for IMO number. The owner of a fishing vessel of the United States used for commercial fishing for tuna and tuna-like species in the IATTC Convention Area shall ensure that an IMO number has been issued for the vessel if the vessel's Certificate of Documentation issued under 46 CFR part 67 indicates that the vessel's total internal volume is 100 gross register tons or greater. A vessel owner may request that an IMO number be issued for a vessel by following the instructions given by the administrator of the IMO ship identification number scheme; those instructions are currently available on the Web site of IHS Maritime. (iv) Request for exemption. In the event that a fishing vessel owner, after following the instructions given by the designated manager of the IMO ship identification number scheme, is unable to ensure that an IMO number is issued for the fishing vessel, the fishing vessel owner may request an exemption from the requirement from the West Coast Regional Administrator. The request must be sent by mail to NMFS West Coast Region, 501 W. Ocean Blvd., Suite [[Page 1880]] 4200, Long Beach, CA 90802, and must include the vessel's name, the vessel's official number, a description of the steps taken to request an IMO number, and a description of any responses from the administrator of the IMO ship identification number scheme. (v) Exemption process. Upon receipt of a request for an exemption under paragraph (b)(3)(iv) of this section, the West Coast Regional Administrator will, to the extent he or she determines appropriate, assist the fishing vessel owner in requesting an IMO number. If the West Coast Regional Administrator determines that the fishing vessel owner has followed all appropriate procedures and yet is unable to obtain an IMO number for the fishing vessel, he or she will issue an exemption from the requirements of paragraph (b)(3)(iii) of this section for the vessel and its owner and notify the owner of the exemption. The West Coast Regional Administrator may limit the duration of the exemption. The West Coast Regional Administrator may rescind an exemption at any time. If an exemption is rescinded, the fishing vessel owner must comply with the requirements of paragraph (b)(3)(iii) of this section within 30 days of being notified of the rescission. If the ownership of a fishing vessel changes, an exemption issued to the former fishing vessel owner becomes void. * * * * * [FR Doc. 2016-00586 Filed 1-13-16; 8:45 am] BILLING CODE 3510-22-P
![1878 Federal Register / Vol. 81, No. 9 / Thursday, January 14, 2016 / Rules and Regulations
§ 71.1 [Amended] Airspace Designations and Reporting Paragraph 2006 United States Area
Points, dated August 6, 2015, and Navigation Routes
■ 2. The incorporation by reference in effective September 15, 2015, is * * * * *
14 CFR 71.1 of the FAA Order 7400.9Z, amended as follows:
Q–35 DRK to IMB [Amended]
DRK VORTAC (Lat. 34°42′09″ N., long. 112°28′49″ W.)
CORKR FIX (Lat. 36°05′02″ N., long. 112°24′01″ W.)
WINEN WP (Lat. 37°56′00″ N., long. 113°30′00″ W.)
NEERO WP (Lat. 41°49′03″ N., long. 118°01′29″ W.)
IMB VORTAC (Lat. 44°38′54″ N., long. 119°42′42″ W.)
Issued in Washington, DC, on December omb.eop.gov. Copies of the Regulatory background information on the TCA and
28, 2015. Impact Review (RIR) and other the IATTC, the international obligations
Kenneth Ready, supporting documents are available via of the United States under the TCA, and
Acting Manager, Airspace Policy Group. the Federal e-Rulemaking Portal: http:// the basis for the proposed regulations,
[FR Doc. 2015–33095 Filed 1–13–16; 8:45 am] www.regulations.gov, docket NOAA– and therefore, is not repeated here.
BILLING CODE 4910–13–P NMFS–2015–0129 or by contacting the There have been no changes from the
Regional Administrator, William W. proposed rule in this final rule.
Stelle, Jr., NMFS West Coast Regional For each of the subject fishing vessels,
DEPARTMENT OF COMMERCE Office, 7600 Sand Point Way NE., Bldg this final rule requires that the owner of
1, Seattle, WA 98115–0070, or by email the fishing vessel ensure that an IMO
National Oceanic and Atmospheric to RegionalAdministrator.WCRHMS@ number has been issued for the vessel
Administration noaa.gov. or apply to NMFS for an exemption
FOR FURTHER INFORMATION CONTACT: from the requirement. In the event that
15 CFR Part 902 Chris Fanning, NMFS, West Coast a fishing vessel owner is unable to
Region, 562–980–4198. ensure that an IMO number is issued for
50 CFR Part 300 the fishing vessel after following the
SUPPLEMENTARY INFORMATION:
[Docket No. 150902807–5999–02] instructions given by the designated
Background on the Proposed and Final manager of the IMO ship identification
RIN 0648–BE99 Rulemaking number scheme, the fishing vessel
On October 27, 2015, NMFS owner may request an exemption from
International Fisheries; Pacific Tuna the requirement from the West Coast
Fisheries; Vessel Register Required published a proposed rule in the
Federal Register (80 FR 65683) that Regional Administrator. Upon receipt of
Information, International Maritime a request for an exemption, the West
Organization Numbering Scheme would revise and add regulations at 50
CFR part 300, subpart C. The purpose of Coast Regional Administrator will assist
AGENCY: National Marine Fisheries the proposed rule was to implement the the fishing vessel owner in requesting
Service (NMFS), National Oceanic and new regional vessel register an IMO number. If the West Coast
Atmospheric Administration (NOAA), requirements in IATTC Resolution C– Regional Administrator determines that
Commerce. 14–01 (Resolution (Amended) on a the fishing vessel owner has followed
ACTION: Final rule. Regional Vessel Register). It was all appropriate procedures but is unable
available for public comment through to obtain an IMO number for the fishing
SUMMARY: NMFS is issuing regulations November 27, 2015. No comments were vessel, he or she will issue an
to implement a resolution adopted by received. exemption from the requirements for the
the Inter-American Tropical Tuna As a Contracting Party to the 1949 vessel and its owner and notify the
Commission (IATTC) that requires U.S. Convention for the Establishment of an owner of the exemption. NMFS notes
vessels fishing for tuna and tuna-like Inter-American Tropical Tuna that IHS Maritime, the company that
species with a capacity equal to or Commission, and a member of the provides fishing vessels with an IMO
greater than 100 gross resister tons IATTC, the United States is legally number, is a private third party. Because
(GRT) to have an International Maritime bound to implement decisions of the of this, it is conceivable that an eligible
Organization (IMO) number. The IMO IATTC. The Tuna Conventions Act vessel may not be able to complete the
number will be included with (TCA) (16 U.S.C. 951–962), as amended necessary steps and supply the required
information the United States sends to on November 5, 2015, by Title II of information, resulting in a denied vessel
the IATTC for vessels authorized to fish Public Law 114–81, directs the number request.
for tuna and tuna-like species in the Secretary of Commerce, in consultation To minimize the burden on affected
IATTC Convention Area, and will with the Secretary of State and, with U.S. businesses, NMFS is not requiring
enable more effective tracking of vessels respect to enforcement measures, the that vessel owners report the IMO
that may be engaging in illegal, Secretary of the Department of numbers associated with their vessel to
unreported, and unregulated fishing. Homeland Security, to promulgate such NMFS. NMFS will collect that
DATES: This final rule is effective regulations as may be necessary to carry information from IHS Maritime directly
February 13, 2016. out the United States’ international and via data available from the United
mstockstill on DSK4VPTVN1PROD with RULES
ADDRESSES: Written comments obligations under the IATTC States Coast Guard.
regarding the burden-hour estimates or Convention, including Classification
other aspects of the collection of recommendations and decisions
information requirements contained in adopted by the IATTC. The Secretary’s The NMFS Assistant Administrator
this final rule may be submitted to Chris authority to promulgate such has determined that this final rule is
Fanning, NMFS West Coast Region and regulations has been delegated to consistent with the TCA and other
by email to OIRA_Submission@ NMFS. The proposed rule included applicable laws.
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![1880 Federal Register / Vol. 81, No. 9 / Thursday, January 14, 2016 / Rules and Regulations
4200, Long Beach, CA 90802, and must SUPPLEMENTARY INFORMATION: The Executive Orders 12866 and 13563—
include the vessel’s name, the vessel’s Bureau removes rules which designated Regulatory Review
official number, a description of the various offenses as sexual offenses for
steps taken to request an IMO number, purposes of 18 U.S.C. 4042(c) because This regulation has been drafted and
and a description of any responses from that provision, which necessitated reviewed in accordance with Executive
the administrator of the IMO ship regulations, has been repealed in Order 12866, ‘‘Regulatory Planning and
identification number scheme. relevant part. The Bureau published a Review’’ section 1(b), Principles of
(v) Exemption process. Upon receipt proposed rule on this subject on Regulation and in accordance with
of a request for an exemption under February 8, 2013 (78 FR 9353). We Executive Order 13563 ‘‘Improving
paragraph (b)(3)(iv) of this section, the Regulation and Regulatory Review’’
received no comments on the proposed
West Coast Regional Administrator will, section 1(b) General Principles of
rule.
to the extent he or she determines Regulation.
appropriate, assist the fishing vessel Previously, section 4042(c) of Title 18,
The Department of Justice has
owner in requesting an IMO number. If United States Code, effective November
determined that this rule is not a
the West Coast Regional Administrator 26, 1998, provided for notification of
‘‘significant regulatory action’’ under
determines that the fishing vessel owner sex offender release and certain related
Executive Order 12866, section 3(f),
has followed all appropriate procedures functions to facilitate effective sex
Regulatory Planning and Review, and
and yet is unable to obtain an IMO offender registration and tracking.
accordingly this rule has not been
number for the fishing vessel, he or she Notifications were required to be made
reviewed by the Office of Management
will issue an exemption from the for persons convicted of the federal
and Budget.
requirements of paragraph (b)(3)(iii) of offenses noted in subsection (c)(4)(A)
this section for the vessel and its owner through (D). Subsection (c)(4)(E) Further, both Executive Orders 12866
and notify the owner of the exemption. authorized the Attorney General to and 13563 direct agencies to assess all
The West Coast Regional Administrator designate other offenses as sexual costs and benefits of available regulatory
may limit the duration of the offenses for purposes of subsection (c). alternatives and, if regulation is
exemption. The West Coast Regional The Attorney General delegated this necessary, to select regulatory
Administrator may rescind an authority to the Director of the Bureau approaches that maximize net benefits
exemption at any time. If an exemption of Prisons. (See 63 FR 69386, December (including potential economic,
is rescinded, the fishing vessel owner 16, 1998, ‘‘1998 interim rule’’.) environmental, public health and safety
must comply with the requirements of effects, distributive impacts, and
The 1998 interim rule designated equity). Executive Order 13563
paragraph (b)(3)(iii) of this section
within 30 days of being notified of the additional offenses which are to be emphasizes the importance of
rescission. If the ownership of a fishing considered sexual offenses for purposes quantifying both costs and benefits, of
vessel changes, an exemption issued to of 18 U.S.C. 4042(c). These additional reducing costs, of harmonizing rules,
the former fishing vessel owner becomes designations, listed in current § 571.72, and of promoting flexibility. The
void. include state sexual offenses, District of Department has assessed the costs and
Columbia Code sexual offenses, and benefits of this regulation and believes
* * * * *
[FR Doc. 2016–00586 Filed 1–13–16; 8:45 am]
certain Uniform Code of Military Justice that the regulatory approach selected
BILLING CODE 3510–22–P
offenses. maximizes net benefits.
The regulations, therefore, were
specifically promulgated in accordance Executive Order 13132
DEPARTMENT OF JUSTICE with language in § 4042(c)(4)(E) This regulation will not have
providing that offenses in addition to substantial direct effects on the States,
Bureau of Prisons those specifically enumerated at on the relationship between the national
§ 4042(c)(4)(A)–(D) may be ‘‘designated government and the States, or on
28 CFR Part 571 by the Attorney General as a sexual distribution of power and
offense for the purposes of this responsibilities among the various
[BOP–1090–F]
subsection.’’ levels of government. Under Executive
RIN 1120–AA85 However, 18 U.S.C. 4042(c)(4) was Order 13132, this rule does not have
repealed by the Sex Offender sufficient federalism implications for
Designation of Offenses Registration and Notification Act which we would prepare a Federalism
AGENCY: Federal Bureau of Prisons. (SORNA), which is Title I of the Adam Assessment.
ACTION: Final rule. Walsh Child Protection and Safety Act Regulatory Flexibility Act
of 2006 (Pub. L. 109–248). Because the
SUMMARY: The Bureau of Prisons revised § 4042(c) requires release notice The Director of the Bureau of Prisons,
(Bureau) removes rules which for persons required to register under under the Regulatory Flexibility Act (5
designated various offenses as sexual SORNA, the Bureau no longer needs to U.S.C. 605(b)), reviewed this regulation.
offenses for purposes of 18 U.S.C. separately designate sexual offenses in By approving it, the Director certifies
4042(c) because that provision, which addition to those set forth by the statute. that it will not have a significant
necessitated regulations, has been The offenses previously listed in the economic impact upon a substantial
mstockstill on DSK4VPTVN1PROD with RULES
repealed in relevant part. regulation are generally incorporated in number of small entities because: This
DATES: This rule is effective on February SORNA’s comprehensive list of covered rule is about the correctional
16, 2016. offenses, thereby rendering the Bureau’s management of offenders committed to
FOR FURTHER INFORMATION CONTACT: current regulations in subpart H of 28 the custody of the Attorney General or
Sarah Qureshi, Office of General CFR part 571 unnecessary. We therefore the Director of the Bureau of Prisons,
Counsel, Bureau of Prisons, phone now remove and reserve 28 CFR part and its economic impact is limited to
(202) 307–2105. 571, subpart H. the Bureau’s appropriated funds.
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Document Created: 2016-01-14 02:50:32
Document Modified: 2016-01-14 02:50:32
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final rule. | |
| Dates | This final rule is effective February 13, 2016. | |
| Contact | Chris Fanning, NMFS, West Coast Region, 562-980-4198. | |
| FR Citation | 81 FR 1878 | |
| RIN Number | 0648-BE99 | |
| CFR Citation | 15
CFR
902 50 CFR 300 | |
| CFR Associated | Reporting and Recordkeeping Requirements; Administrative Practice and Procedure; Fish; Fisheries; Fishing; Marine Resources; Vessels and Treaties |
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