81_FR_67303 81 FR 67113 - Fisheries of the Exclusive Economic Zone Off Alaska; Observer Coverage Requirements for Bering Sea and Aleutian Islands Management Area Trawl Catcher Vessels

81 FR 67113 - Fisheries of the Exclusive Economic Zone Off Alaska; Observer Coverage Requirements for Bering Sea and Aleutian Islands Management Area Trawl Catcher Vessels

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 81, Issue 190 (September 30, 2016)

Page Range67113-67118
FR Document2016-23536

NMFS issues regulations to modify observer coverage requirements for catcher vessels participating in the trawl limited access fisheries in the Bering Sea and Aleutian Islands management area (BSAI). This final rule allows the owner of a trawl catcher vessel to request, on an annual basis, that NMFS place the vessel in the full observer coverage category for all directed fishing for groundfish using trawl gear in the BSAI in the following calendar year. These regulations are necessary to relieve vessel owners who request full observer coverage of the reporting requirements and observer fee liability associated with the partial observer coverage category. Additionally, this final rule makes minor technical corrections to observer program regulations. This final rule is intended to promote the goals and objectives of the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act), the Fishery Management Plan for Groundfish of the Bering Sea and Aleutian Islands Management Area (BSAI FMP), and other applicable laws.

Federal Register, Volume 81 Issue 190 (Friday, September 30, 2016)
[Federal Register Volume 81, Number 190 (Friday, September 30, 2016)]
[Rules and Regulations]
[Pages 67113-67118]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-23536]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

15 CFR Part 902

50 CFR Part 679

[Docket No. 160225146-6851-02]
RIN 0648-BF80


Fisheries of the Exclusive Economic Zone Off Alaska; Observer 
Coverage Requirements for Bering Sea and Aleutian Islands Management 
Area Trawl Catcher Vessels

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: NMFS issues regulations to modify observer coverage 
requirements for catcher vessels participating in the trawl limited 
access fisheries in the Bering Sea and Aleutian Islands management area 
(BSAI). This final rule allows the owner of a trawl catcher vessel to 
request, on an annual basis, that NMFS place the vessel in the full 
observer coverage category for all directed fishing for groundfish 
using trawl gear in the BSAI in the following calendar year. These 
regulations are necessary to relieve vessel owners who request full 
observer coverage of the reporting requirements and observer fee 
liability associated with the partial observer coverage category. 
Additionally, this final rule makes minor technical corrections to 
observer program regulations. This final rule is intended to promote 
the goals and objectives of the Magnuson-Stevens Fishery Conservation 
and Management Act (Magnuson-Stevens Act), the Fishery Management Plan 
for Groundfish of the Bering Sea and Aleutian Islands Management Area 
(BSAI FMP), and other applicable laws.

DATES: Effective October 31, 2016.

ADDRESSES: Electronic copies of the Regulatory Impact Review (RIR), the 
Initial Regulatory Flexibility Analysis (IRFA), and the Categorical 
Exclusion prepared for this action are available from 
www.regulations.gov (search NOAA-NMFS-2016-0020) or from the NMFS 
Alaska Region Web site at alaskafisheries.noaa.gov.
    Written comments regarding the burden-hour estimates or other 
aspects of the collection-of-information requirements contained in this 
rule may be submitted by mail to NMFS Alaska Region, P.O. Box 21668, 
Juneau, AK

[[Page 67114]]

99802-1668, Attn: Ellen Sebastian, Records Officer; in person at NMFS 
Alaska Region, 709 West 9th Street, Room 420A, Juneau, AK; by email to 
[email protected]; or by fax to 202-395-5806.

FOR FURTHER INFORMATION CONTACT: Alicia M. Miller, 907-586-7228.

SUPPLEMENTARY INFORMATION: 

Background

    NMFS published a proposed rule to modify observer coverage 
requirements for catcher vessels participating in the trawl limited 
access fisheries in the BSAI on July 7, 2016 (81 FR 44251). The comment 
period on the proposed rule ended on August 8, 2016. Following is a 
brief description of the North Pacific Groundfish and Halibut Observer 
Program (Observer Program) and elements of the Observer Program 
impacted by this final rule. The preamble of the proposed rule (81 FR 
44251, July 7, 2016) provides a more detailed description of the 
Observer Program and this action.

The Observer Program

    Regulations implementing the Observer Program require observer 
coverage on fishing vessels and at processing plants to allow NMFS-
certified observers (observers) to obtain information necessary for the 
conservation and management of the BSAI and Gulf of Alaska groundfish 
and halibut fisheries. The Observer Program was implemented in 1990 (55 
FR 4839, February 12, 1990). In 2013, NMFS restructured the funding and 
deployment systems of the Observer Program (77 FR 70062, November 21, 
2012). Under the restructured Observer Program, all vessels and 
processors in the groundfish and halibut fisheries off Alaska are 
placed into one of two categories: (1) The full observer coverage 
category, where vessels and processors obtain observer coverage by 
contracting directly with observer providers; and (2) the partial 
observer coverage category, where NMFS has the flexibility to deploy 
observers when and where they are needed, as described in the annual 
deployment plan that is developed by NMFS in consultation with the 
North Pacific Fishery Management Council (Council). NMFS funds observer 
deployment in the partial observer coverage category by assessing a 
1.25 percent fee on the ex-vessel value of retained groundfish and 
halibut from vessels that are not in the full observer coverage 
category.
    Regulations implementing the restructured Observer Program in 2013 
placed all trawl catcher vessels in the full observer coverage category 
when participating in a catch share program with transferable 
prohibited species catch (PSC) limits. For trawl catcher vessels in the 
BSAI, the catch share programs with transferable PSC limits are the 
American Fisheries Act (AFA) pollock fisheries in the Bering Sea and 
the Western Alaska Community Development Quota (CDQ) groundfish 
fisheries. All other trawl catcher vessels subject to observer coverage 
requirements in the BSAI are in the partial observer coverage category 
when participating in the BSAI trawl limited access fisheries.
    Throughout this final rule, the trawl fisheries in the BSAI that 
are not part of a catch share program with transferable PSC limits are 
referred to collectively as ``the BSAI trawl limited access 
fisheries.'' Vessels participating in the BSAI trawl limited access 
fisheries primarily target Pacific cod or yellowfin sole. The BSAI 
trawl limited access fisheries are managed with halibut and crab PSC 
limits that apply to the directed fishery as a whole or to operational 
category and gear type. Section 3.5 in the RIR provides additional 
information about the BSAI trawl limited access fisheries, the Observer 
Program, and observer coverage categories.

Need for This Final Rule

    Since 2013, for reasons detailed in the proposed rule for this 
action (81 FR 44251, July 7, 2016), NMFS has implemented an interim 
policy that allows an owner of a BSAI trawl catcher vessel to request, 
on an annual basis, placement in the full observer coverage category by 
submitting a letter of request to NMFS. Under the interim policy, the 
owner of a trawl catcher vessel complies with full observer coverage 
requirements but is not placed in the full observer coverage category 
by regulation. Therefore, the owner must continue to comply with the 
partial observer coverage category reporting requirements and 
associated observer fee liability. This results in the vessel owner 
paying costs for partial and full observer coverage and additional 
reporting requirements for those vessel owners that have requested full 
observer coverage under the interim policy. This final rule replaces 
the interim policy and establishes in regulation a process for the 
owner of a trawl catcher vessel to request placement in the full 
observer coverage category.
    The major provisions of this final rule are summarized below. 
Additional detail about the rationale for the major provisions is found 
in the proposed rule for this action (81 FR 44251, July 7, 2016) and 
Sections 3.6 and 3.7 of the RIR.

1. Annual Request for Full Observer Coverage

    This final rule allows the owner of a trawl catcher vessel to 
annually request full observer coverage in lieu of partial observer 
coverage for directed fishing for groundfish using trawl gear in the 
BSAI in the following year. This final rule establishes a regulatory 
process to allow the owner of a trawl catcher vessel to submit a 
request for full observer coverage to NMFS. NMFS will then place the 
vessel in the full observer coverage category for all directed fishing 
for groundfish using trawl gear in the BSAI in the following year.
    This final rule does not restrict which trawl catcher vessel owners 
may request full observer coverage, allowing the owner of any trawl 
catcher vessel to request full observer coverage for all directed 
fishing for groundfish using trawl gear in the BSAI in the following 
year. This final rule does not alter existing observer coverage 
requirements for trawl catcher vessels delivering unsorted codends to a 
mothership in the BSAI.

2. Annual Deadline

    This final rule establishes an annual deadline of October 15 for a 
trawl catcher vessel owner to request placement in the full observer 
coverage category for the following year.

This Final Rule

    This final rule revises regulations at 50 CFR part 679 to establish 
a process to allow the owner of a trawl catcher vessel to request, on 
an annual basis, that NMFS place the vessel in the full observer 
coverage category for all directed fishing for groundfish using trawl 
gear in the BSAI in the following calendar year. This final rule adds a 
paragraph at Sec.  679.51(a)(2)(i)(C)(4) describing a new vessel type 
under the list of catcher vessels in the full observer coverage 
category to allow this annual request for placement in the full 
observer coverage category for one year. This final rule adds a new 
paragraph at Sec.  679.51(a)(4) to describe the requirements for this 
annual process.
    The owner of a trawl catcher vessel that requests full observer 
coverage in lieu of partial observer coverage for all directed fishing 
for groundfish in the BSAI trawl limited access fisheries in the 
following year will submit the request to NMFS using the Observer 
Declare and Deploy System (ODDS), which is described at Sec.  
679.51(a)(1)(ii). Once a request is received, NMFS will consider the 
request and will notify the

[[Page 67115]]

vessel owner whether the request is approved or denied. This 
notification will occur through ODDS. Once NMFS has notified the vessel 
owner that a request to be placed in the full observer coverage 
category for the following year is approved, the owner and operator of 
the trawl catcher vessel are subject to full observer coverage 
requirements as described at Sec.  679.51(a)(2) for all directed 
fishing for groundfish using trawl gear in the BSAI in the following 
year. Once approved by NMFS for placement in the full observer coverage 
category, a trawl catcher vessel cannot be placed in the partial 
observer coverage category until the next year. Until NMFS provides 
notification of approval, a catcher vessel remains in the partial 
observer coverage category as described at Sec.  679.51(a)(1)(i).
    The owner of a trawl catcher vessel placed in the full observer 
coverage category contracts directly with a permitted full coverage 
observer provider to procure observer services as described at Sec.  
679.51(d). The owner of a trawl catcher vessel in the full observer 
coverage category is not required to log fishing trips in ODDS under 
Sec.  679.51(a)(1), and landings made by a vessel in the full observer 
coverage category are not subject to the 1.25 percent partial observer 
coverage fee under Sec.  679.55.
    This final rule establishes an annual deadline of October 15 for a 
trawl catcher vessel owner to request that a trawl catcher vessel 
operating in the BSAI be placed in the full observer coverage category 
for the following year as described at Sec.  679.51(a)(4)(iii). NMFS 
will approve all requests that contain the information required by ODDS 
submitted on or before October 15. If NMFS denies a request to place a 
catcher vessel in the full observer coverage category, the catcher 
vessel will remain in the partial observer coverage category as 
described at Sec.  679.51(a)(1)(i).
    This final rule specifies at Sec.  679.51(a)(4)(v) that if NMFS 
denies a request for placement in the full observer coverage category, 
NMFS will issue an Initial Administrative Determination, which will 
explain in writing the reasons for the denial. Under Sec.  
679.51(a)(4)(vi), the vessel owner can appeal a denial to the National 
Appeals Office according to the procedures in 15 CFR part 906.
    This final rule makes minor technical corrections to Observer 
Program regulations, and corrects inaccurate cross references in Sec.  
679.84 and Sec.  679.93 to observer coverage requirements in Sec.  
679.51. This final rule also standardizes references to the observer 
sampling station and the Observer Sampling Manual throughout part 679, 
and updates check-in/check-out report submission methods by removing a 
discontinued email address in Sec.  679.5.

Comments and Responses

    During the comment period for the proposed rule, NMFS received two 
letters of comment from two individuals, each letter containing two 
substantive comments. NMFS' responses to these comments are presented 
below.
    Comment 1: Both commenters expressed support for this action, 
noting that the vessels they represent will be positively impacted by 
this action and that the proposed rule is consistent with changes 
requested by industry in 2012, as well as the recommendations made by 
the Council in February 2016.
    Response: NMFS acknowledges this comment.
    Comment 2: Both commenters support all provisions of the final rule 
as proposed, and request the action be implemented as soon as possible.
    Response: NMFS acknowledges this comment. To ensure this action is 
effective and allow at least 15 days for vessel owners to submit a full 
observer coverage request for the 2017 calendar year, an implementation 
year deadline has been added to this final rule as described in the 
following section.

Changes From the Proposed Rule

    This final rule includes changes to the regulatory text published 
in the proposed rule. These changes are necessary to define an initial 
implementation deadline for the 2017 calendar year and to make a minor 
editorial correction to existing regulatory text that was inadvertently 
altered in the proposed rule.

Initial Implementation Deadline for 2017

    The proposed rule for this action (81 FR 44251, July 7, 2016) 
proposed an annual deadline of October 15 for a trawl catcher vessel 
owner to request that a trawl catcher vessel operating in the BSAI be 
placed in the full observer coverage category for the following year. 
Because the effective date of this final rule is after October 15, 
2016, the deadline for the 2017 calendar year is 15 days after the 
effective date of this final rule. This deadline for 2017 is necessary 
to provide an adequate amount of time after publication of the final 
rule in the Federal Register for the owner of a trawl catcher vessel to 
submit a full observer coverage request to NMFS.

Other Changes

    NMFS corrects Sec.  679.51(a)(2)(i)(C)(2) by changing ``while'' to 
``when'' to be consistent with the terminology used in existing 
regulations.
    NMFS removed the cross reference correction in Sec.  679.21 from 
this final rule because the cross reference was corrected in the final 
rule to implement salmon bycatch management measures under Amendment 
110 to the BSAI FMP (81 FR 37534, June 10, 2016).

OMB Revisions to Paperwork Reduction Act References in 15 CFR 902.1(b)

    Section 3507(c)(B)(i) of the Paperwork Reduction Act requires that 
agencies inventory and display a current control number assigned by the 
Director, Office of Management and Budget (OMB), for each agency 
information collection. Section 902.1(b) identifies the location of 
NOAA regulations for which OMB approval numbers have been issued. 
Because this final rule revises and adds data elements within a 
collection-of-information for recordkeeping and reporting requirements, 
15 CFR 902.1(b) is revised to reference correctly the sections 
resulting from this final rule.

Classification

    Pursuant to section 304(b)(1)(A) and 305(d) of the Magnuson-Stevens 
Act, the Administrator, Alaska Region, NMFS, determined that this final 
rule is necessary for the conservation and management of the BSAI trawl 
limited access fisheries and is consistent with the BSAI FMP, other 
provisions of the Magnuson-Stevens Act, and other applicable law.
    This final rule has been determined to be not significant for 
purposes of Executive Order 12866.

Small Entity Compliance Guide

    Section 212 of the Small Business Regulatory Enforcement Fairness 
Act of 1996 states that, for each rule or group of related rules for 
which an agency is required to prepare a final regulatory flexibility 
analysis, the agency shall publish one or more guides to assist small 
entities in complying with the rule, and shall designate such 
publications as ``small entity compliance guides.'' The agency shall 
explain the actions a small entity is required to take to comply with a 
rule or group of rules. The preamble to the proposed rule (81 FR 44251, 
July 7, 2016) and the preamble to this final rule serve as the small 
entity compliance guide for this action. Copies of the proposed rule, 
this final rule, and additional information about how to comply with 
other requirements of the Observer Program are available on the

[[Page 67116]]

NMFS Alaska Region Web site (https://alaskafisheries.noaa.gov/fisheries/observer-program).

Final Regulatory Flexibility Analysis

    Section 604 of the Regulatory Flexibility Act (RFA) requires an 
agency to prepare a final regulatory flexibility analysis (FRFA) after 
being required by that section or any other law to publish a general 
notice of proposed rulemaking and when an agency promulgates a final 
rule under section 553 of Title 5 of the U.S. Code. The following 
paragraphs constitute the FRFA for this action. Section 604 describes 
the required contents of a FRFA: (1) A statement of the need for, and 
objectives of, the rule; (2) a statement of the significant issues 
raised by the public comments in response to the initial regulatory 
flexibility analysis, a statement of the assessment of the agency of 
such issues, and a statement of any changes made in the proposed rule 
as a result of such comments; (3) the response of the agency to any 
comments filed by the Chief Counsel for Advocacy of the Small Business 
Administration (SBA) in response to the proposed rule, and a detailed 
statement of any change made to the proposed rule in the final rule as 
a result of the comments; (4) a description of and an estimate of the 
number of small entities to which the rule will apply or an explanation 
of why no such estimate is available; (5) a description of the 
projected reporting, recordkeeping and other compliance requirements of 
the rule, including an estimate of the classes of small entities which 
will be subject to the requirement and the type of professional skills 
necessary for preparation of the report or record; and (6) a 
description of the steps the agency has taken to minimize the 
significant economic impact on small entities consistent with the 
stated objectives of applicable statutes, including a statement of the 
factual, policy, and legal reasons for selecting the alternative 
adopted in the final rule and why each one of the other significant 
alternatives to the rule considered by the agency which affect the 
impact on small entities was rejected.
Need for and Objectives of This Rule
    A description of the need for, and objectives of, this rule is 
contained in the preamble to the proposed rule and this final rule and 
is not repeated here. This FRFA incorporates the Initial Regulatory 
Flexibility Analysis (IRFA) (see ADDRESSES) and the summary of the IRFA 
in the proposed rule (81 FR 44251, July 7, 2016).
Summary of Significant Issues Raised During Public Comment
    NMFS published a proposed rule to modify observer coverage 
requirements for catcher vessels participating in the BSAI trawl 
limited access fisheries on July 7, 2016 (81 FR 44251). An IRFA was 
prepared and summarized in the Classification section of the preamble 
to the proposed rule. The comment period on the proposed rule ended on 
August 8, 2016. NMFS received two letters of comment, each in support 
of the action as proposed. These comments letters did not address the 
IRFA. The commenters did request the rulemaking process be completed as 
soon as possible. The Chief Counsel for Advocacy of the SBA did not 
file any comments on the proposed rule.
Number and Description of Small Entities Directly Regulated by this 
Rule
    This final rule directly regulates the owners of trawl catcher 
vessels that participate in the BSAI trawl limited access fisheries. 
The SBA has established size standards for all major industry sectors 
in the United States. For RFA purposes only, NMFS has established a 
small business size standard for businesses, including their 
affiliates, whose primary industry is commercial fishing (see 50 CFR 
200.2). A business primarily engaged in commercial fishing (NAICS code 
11411) 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.
    This final rule provides the owners of BSAI trawl catcher vessels 
that currently are placed in the partial observer coverage category the 
opportunity for placement in the full observer coverage category. In 
2014, 100 catcher vessels used trawl gear in the BSAI. NMFS estimates 
that 13 of these trawl catcher vessels are directly regulated small 
entities. The owners of three of these catcher vessels requested to be 
placed in the full observer coverage category for all their BSAI trawl 
limited access fisheries during at least one year from 2013 through 
2015.
Reporting, Recordkeeping and Other Compliance Requirements
    This final rule includes one new reporting requirement and 
eliminates one reporting requirement for a vessel owner who requests 
placement of their vessel in the full observer coverage category for a 
year. Any trawl catcher vessel owner who requests placement of their 
trawl catcher vessel in the full observer coverage category will be 
required to submit a request to NMFS. This request is a new reporting 
requirement and only applies to those catcher vessel owners who request 
placement of their vessel in the full observer coverage category. The 
reporting requirement to log fishing trips in ODDS does not apply to 
vessels in the full observer coverage category; therefore, this final 
rule removes the reporting requirement for these directly regulated 
small entities to log fishing trips in ODDS.
Description of Significant Alternatives to This Rule That Minimize 
Economic Impacts on Small Entities
    The RFA requires identification of any significant alternatives to 
this rule that accomplish the stated objectives, consistent with 
applicable statutes, and that would minimize any significant economic 
impact of this rule on small entities. This final rule is expected to 
create a net benefit for the directly regulated small entities because 
it offers trawl catcher vessel owners an opportunity to change their 
observer coverage category. The benefits of this final rule to trawl 
catcher vessel owners are expected to outweigh the costs of paying for 
an observer to be on board the vessel during all groundfish fishing in 
the BSAI trawl limited access fisheries, and the cost of the annual 
request to NMFS. If the benefits to a catcher vessel owner do not 
outweigh the costs, a catcher vessel owner can choose not to request 
their vessel be placed in the full observer coverage category, and 
therefore, would not be impacted by this final rule.
    The Council considered the status quo (Alternative 1) and two 
action alternatives (Alternative 2 and Alternative 3). Alternative 3 
included one option and three suboptions. The preferred alternative 
(Alternative 3 with Suboption 3) described in this final rule provides 
the owners of BSAI trawl catcher vessels an option of requesting, on an 
annual basis, placement in the full observer coverage category rather 
than remaining in the partial observer coverage category. No new 
requirements are imposed under the preferred alternative unless the 
catcher vessel owner requests placement in the full observer coverage 
category. Of the action alternatives analyzed, the preferred 
alternative provides the most flexibility for the owner of a trawl 
catcher vessel to request full observer coverage in lieu of partial 
observer coverage.
    Alternative 1 (status quo) would have continued to offer catcher 
vessel owners

[[Page 67117]]

the option of carrying full observer coverage under the interim policy, 
but would not remove the requirement in regulations for continued 
payment of the partial observer coverage fee in addition to the cost of 
full observer coverage. Alternative 2 is more restrictive than the 
preferred alternative because it would have permanently placed AFA 
trawl catcher vessels in the full observer coverage category rather 
than offering the vessel owners an option to request full observer 
coverage on an annual basis. Alternative 3 Option 1 would have allowed 
only the owners of AFA trawl catcher vessels to request placement in 
the full observer coverage category, rather than providing the 
opportunity to the owners of all BSAI trawl catcher vessels. 
Alternative 3 Suboption 1 would have established an earlier deadline to 
submit the request for full observer coverage than under the preferred 
alternative. Directly regulated small entities opposed the earlier 
deadline because they wanted more time to make business decisions about 
observer coverage in the following year. Alternative 3 Suboption 2 
would have established a one-time request to be placed in the full 
observer coverage category rather than an annual request as under the 
preferred alternative. In summary, the preferred alternative of 
Alternative 3 with Suboption 3 (this final rule) offers the widest 
range of options to the widest range of directly regulated small 
entities, as compared to all other alternatives.

Collection-of-Information Requirements

    This final rule contains a collection-of-information requirement 
subject to the Paperwork Reduction Act (PRA) and which has been 
approved by the OMB under Control No. 0648-0731. The public reporting 
burden for Request for Full Observer Coverage Category is estimated to 
average 5 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 on these burden estimates or any other aspects of the 
collection of information, including suggestions for reducing the 
burden, to NMFS (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 shall 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 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 679

    Alaska, Fisheries, Reporting and recordkeeping requirements.

    Dated: September 22, 2016.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.

    For the reasons set out in the preamble, NMFS amends 15 CFR part 
902 and 50 CFR part 679 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'' revise entry for ``679.51'' to read as follows:


Sec.  902.1  OMB control numbers assigned pursuant to the Paperwork 
Reduction Act.

* * * * *
    (b) * * *

------------------------------------------------------------------------
    CFR part or section where the
  information collection requirement     Current OMB  control No. (all
              is located                   numbers begin  with 0648-)
------------------------------------------------------------------------
 
                                 * * * *
50 CFR:
 
                                 * * * *
679.51...............................  -0206, -0269, -0272, -0318, -
                                        0401, -0513, -0545, -0565, -
                                        0731.
 
                                 * * * *
------------------------------------------------------------------------

Title 50--Wildlife and Fisheries

PART 679--FISHERIES OF THE EXCLUSIVE ECONOMIC ZONE OFF ALASKA

0
3. The authority citation for 50 CFR part 679 continues to read as 
follows:

    Authority: 16 U.S.C. 773 et seq.; 1801 et seq.; 3631 et seq.; 
Pub. L. 108-447; Pub. L. 111-281.


0
4. In Sec.  679.51:
0
a. Revise paragraphs (a)(2)(i)(C)(2) and (3); and
0
b. Add paragraphs (a)(2)(i)(C)(4) and (a)(4).
    The revisions and additions read as follows:


Sec.  679.51  Observer requirements for vessels and plants.

* * * * *
    (a) * * *
    (2) * * *
    (i) * * *
    (C) * * *
    (2) Using trawl gear or hook-and-line gear when groundfish CDQ 
fishing (see Sec.  679.2), except for catcher vessels less than or 
equal to 46 ft LOA using hook-and-line gear when groundfish CDQ fishing 
under Sec.  679.32(c)(3)(iii);
    (3) Participating in the Rockfish Program; or
    (4) Using trawl gear in the BSAI if the vessel has been placed in 
the full observer coverage category under paragraph (a)(4) of this 
section.
* * * * *
    (4) BSAI trawl catcher vessel placement in the full observer 
coverage category for one year--(i) Applicability. The owner of a 
catcher vessel in the partial observer coverage category under 
paragraph (a)(1)(i) of this section may request to be placed in the 
full observer coverage category for all directed fishing for groundfish 
using trawl gear in the BSAI for a calendar year.
    (ii) How to request full observer coverage for one year. A trawl 
catcher vessel owner must complete a full observer coverage request and 
submit it to NMFS using ODDS. ODDS is described in paragraph (a)(1)(ii) 
of this section.
    (iii) Deadline. For 2017, a full observer coverage request must be 
submitted by November 15, 2016. For 2018 and every year after 2018, a 
full observer coverage request must be submitted by October 15 of the 
year prior to the calendar year in which the catcher vessel would be 
placed in the full observer coverage category.
    (iv) Notification. NMFS will notify the vessel owner through ODDS 
of approval or denial to place a trawl catcher vessel in the full 
observer coverage category. Unless otherwise specified in paragraph 
(a)(2) of this section, a trawl catcher vessel remains in the partial 
observer coverage category under paragraph (a)(1)(i) of this section 
until a request to place a trawl catcher vessel in the full observer 
coverage category has been approved by NMFS. Once placement in the full 
observer coverage category is approved by NMFS, a trawl catcher vessel 
cannot be placed in the partial

[[Page 67118]]

observer coverage category until the following year.
    (v) Initial Administrative Determination (IAD). If NMFS denies a 
request to place a trawl catcher vessel in the full observer coverage 
category, NMFS will provide an IAD, which will explain the basis for 
the denial.
    (vi) Appeal. If the owner of a trawl catcher vessel wishes to 
appeal NMFS' denial of a request to place a trawl catcher vessel in the 
full observer coverage category, the owner may appeal the determination 
under the appeals procedure set out at 15 CFR part 906.
* * * * *


Sec. Sec.  679.5, 679.28, 679.52, 679.53, 679.84, and 679.93  [Amended]

0
5. At each of the locations shown in the ``Location'' column, remove 
the phrase indicated in the ``Remove'' column and add in its place the 
phrase indicated in the ``Add'' column.

 
----------------------------------------------------------------------------------------------------------------
               Location                           Remove                                Add
----------------------------------------------------------------------------------------------------------------
Sec.   679.5(h)(1)....................  , or by e-mail to          .
                                         [email protected].
Sec.   679.28(d)(9)(ii)...............  Observer sample station..  Observer sampling station
Sec.   679.52(b)(1)(iii)(B)(2)........  Observer manual..........  Observer Sampling Manual
Sec.   679.52(b)(2)(i)................  Observer Manual..........  Observer Sampling Manual
Sec.   679.52(b)(11)(x)(A)(4).........  Observer manual..........  Observer Sampling Manual
Sec.   679.53(b)(2)(i)................  Observer Manual..........  Observer Sampling Manual
Sec.   679.84(c)(3)...................  Sec.   679.50(c)(7)(i)...  Sec.   679.51(a)(2)
Sec.   679.84(e)......................  Sec.   679.50(c)(7)(ii)..  Sec.   679.51(a)(2)
Sec.   679.84(f)(1)...................  Sec.   679.50(c)(7)(ii)..  Sec.   679.51(a)(2)
Sec.   679.84(f)(2)...................  Sec.   679.50(c)(7)(ii)..  Sec.   679.51(a)(2)
Sec.   679.93(c)(3)...................  Sec.   679.50(c)(6)......  Sec.   679.51(a)(2)
Sec.   679.93(c)(6)...................  observer sample station..  observer sampling station
Sec.   679.93(d)(2)...................  Sec.   679.50(c)(6)(ii)..  Sec.   679.51(a)(2)
----------------------------------------------------------------------------------------------------------------

[FR Doc. 2016-23536 Filed 9-29-16; 8:45 am]
 BILLING CODE 3510-22-P



                                                                   Federal Register / Vol. 81, No. 190 / Friday, September 30, 2016 / Rules and Regulations                                      67113

                                                  conditions existing or anticipated at the               Scammon Bay, AK, Scammon Bay, RNAV                    DEPARTMENT OF COMMERCE
                                                  affected airports. Because of the close                   (GPS)–B, Orig-A
                                                  and immediate relationship between                      Camden, AR, Harrell Field, VOR/DME RWY                National Oceanic and Atmospheric
                                                  these SIAPs, Takeoff Minimums and                         1, Amdt 10B                                         Administration
                                                  ODPs, and safety in air commerce, I find                Groveland, CA, Pine Mountain Lake, Takeoff
                                                  that notice and public procedure under                    Minimums and Obstacle DP, Amdt 1                    15 CFR Part 902
                                                  5 U.S.C. 553(b) are impracticable and                   Lodi, CA, Lodi, Takeoff Minimums and
                                                  contrary to the public interest and,                      Obstacle DP, Amdt 2A                                50 CFR Part 679
                                                  where applicable, under 5 U.S.C. 553(d),                Lodi, CA, Lodi, VOR–A, Amdt 3A
                                                                                                          Oakdale, CA, Oakdale, Takeoff Minimums                [Docket No. 160225146–6851–02]
                                                  good cause exists for making some
                                                  SIAPs effective in less than 30 days.                     and Obstacle DP, Amdt 1                             RIN 0648–BF80
                                                     The FAA has determined that this                     Stockton, CA, Stockton Metropolitan, ILS OR
                                                  regulation only involves an established                   LOC RWY 29R, Amdt 20B                               Fisheries of the Exclusive Economic
                                                  body of technical regulations for which                 Stockton, CA, Stockton Metropolitan, VOR              Zone Off Alaska; Observer Coverage
                                                  frequent and routine amendments are                       RWY 29R, Amdt 18E, CANCELED                         Requirements for Bering Sea and
                                                  necessary to keep them operationally                    Tampa, FL, Tampa Executive, RNAV (GPS)                Aleutian Islands Management Area
                                                  current. It, therefore—(1) is not a                       RWY 5, Orig-C                                       Trawl Catcher Vessels
                                                  ‘‘significant regulatory action’’ under                 Macon, GA, Middle Georgia Rgnl, ILS OR
                                                                                                            LOC RWY 5, Amdt 2
                                                                                                                                                                AGENCY:  National Marine Fisheries
                                                  Executive Order 12866; (2) is not a                                                                           Service (NMFS), National Oceanic and
                                                  ‘‘significant rule’’ under DOT                          Macon, GA, Middle Georgia Rgnl, RNAV
                                                                                                            (GPS) RWY 5, Amdt 2                                 Atmospheric Administration (NOAA),
                                                  Regulatory Policies and Procedures (44                                                                        Commerce.
                                                  FR 11034; February 26,1979); and (3)                    Macon, GA, Middle Georgia Rgnl, RNAV
                                                                                                            (GPS) RWY 14, Amdt 2D                               ACTION: Final rule.
                                                  does not warrant preparation of a
                                                  regulatory evaluation as the anticipated                Macon, GA, Middle Georgia Rgnl, RNAV
                                                                                                                                                                SUMMARY:    NMFS issues regulations to
                                                  impact is so minimal. For the same                        (GPS) RWY 23, Amdt 2D
                                                                                                                                                                modify observer coverage requirements
                                                  reason, the FAA certifies that this                     Macon, GA, Middle Georgia Rgnl, RNAV
                                                                                                            (GPS) RWY 32, Amdt 1D
                                                                                                                                                                for catcher vessels participating in the
                                                  amendment will not have a significant                                                                         trawl limited access fisheries in the
                                                  economic impact on a substantial                        Macon, GA, Middle Georgia Rgnl, VOR RWY
                                                                                                            14, Amdt 10C                                        Bering Sea and Aleutian Islands
                                                  number of small entities under the                                                                            management area (BSAI). This final rule
                                                  criteria of the Regulatory Flexibility Act.             Macon, GA, Middle Georgia Rgnl, VOR RWY
                                                                                                            23, Amdt 4D                                         allows the owner of a trawl catcher
                                                  List of Subjects in 14 CFR Part 97                      Macon, GA, Middle Georgia Rgnl, Takeoff               vessel to request, on an annual basis,
                                                                                                            Minimums and Obstacle DP, Amdt 3B                   that NMFS place the vessel in the full
                                                     Air traffic control, Airports,
                                                                                                          Beverly, MA, Beverly Rgnl, RNAV (GPS)                 observer coverage category for all
                                                  Incorporation by reference, Navigation
                                                                                                            RWY 9, Orig                                         directed fishing for groundfish using
                                                  (air).
                                                                                                          Beverly, MA, Beverly Rgnl, RNAV (GPS)                 trawl gear in the BSAI in the following
                                                    Issued in Washington, DC, on September 9,                                                                   calendar year. These regulations are
                                                                                                            RWY 27, Amdt 1
                                                  2016.                                                                                                         necessary to relieve vessel owners who
                                                                                                          Beverly, MA, Beverly Rgnl, RNAV (GPS)
                                                  John S. Duncan,                                                                                               request full observer coverage of the
                                                                                                            RWY 34, Orig-D
                                                  Director, Flight Standards Service.                     Brunswick, ME, Brunswick Executive, ILS               reporting requirements and observer fee
                                                  Adoption of the Amendment                                 OR LOC RWY 1R, Amdt 1                               liability associated with the partial
                                                                                                          Brunswick, ME, Brunswick Executive, RNAV              observer coverage category.
                                                    Accordingly, pursuant to the                                                                                Additionally, this final rule makes
                                                                                                            (GPS) RWY 1R, Amdt 2
                                                  authority delegated to me, Title 14,                                                                          minor technical corrections to observer
                                                                                                          Shamokin, PA, Northumberland County,
                                                  Code of Federal Regulations, Part 97 (14                  Takeoff Minimums and Obstacle DP, Amdt              program regulations. This final rule is
                                                  CFR part 97) is amended by                                2                                                   intended to promote the goals and
                                                  establishing, amending, suspending, or                  State College, PA, University Park, ILS OR            objectives of the Magnuson-Stevens
                                                  removing Standard Instrument                              LOC RWY 24, Amdt 9B                                 Fishery Conservation and Management
                                                  Approach Procedures and/or Takeoff                      State College, PA, University Park, RNAV              Act (Magnuson-Stevens Act), the
                                                  Minimums and Obstacle Departure                           (GPS) RWY 6, Amdt 2                                 Fishery Management Plan for
                                                  Procedures effective at 0901 UTC on the                 State College, PA, University Park, RNAV              Groundfish of the Bering Sea and
                                                  dates specified, as follows:                              (GPS) RWY 24, Amdt 1                                Aleutian Islands Management Area
                                                                                                          Zelienople, PA, Zelienople Muni, RNAV                 (BSAI FMP), and other applicable laws.
                                                  PART 97—STANDARD INSTRUMENT
                                                                                                            (GPS) RWY 17, Amdt 1                                DATES: Effective October 31, 2016.
                                                  APPROACH PROCEDURES
                                                                                                          Zelienople, PA, Zelienople Muni, RNAV
                                                                                                                                                                ADDRESSES: Electronic copies of the
                                                  ■ 1. The authority citation for part 97                   (GPS) RWY 35, Amdt 1
                                                                                                                                                                Regulatory Impact Review (RIR), the
                                                  continues to read as follows:                           Pulaski, WI, Carter, Takeoff Minimums and
                                                                                                                                                                Initial Regulatory Flexibility Analysis
                                                                                                            Obstacle DP, Orig, CANCELED
                                                    Authority: 49 U.S.C. 106(f), 106(g), 40103,                                                                 (IRFA), and the Categorical Exclusion
                                                  40106, 40113, 40114, 40120, 44502, 44514,               [FR Doc. 2016–23411 Filed 9–29–16; 8:45 am]           prepared for this action are available
                                                  44701, 44719, 44721–44722.                              BILLING CODE 4910–13–P                                from www.regulations.gov (search
                                                  ■ 2. Part 97 is amended to read as                                                                            NOAA–NMFS–2016–0020) or from the
asabaliauskas on DSK3SPTVN1PROD with RULES




                                                  follows:                                                                                                      NMFS Alaska Region Web site at
                                                  Effective 10 November 2016                                                                                    alaskafisheries.noaa.gov.
                                                                                                                                                                   Written comments regarding the
                                                  Gulkana, AK, Gulkana, Takeoff Minimums                                                                        burden-hour estimates or other aspects
                                                    and Obstacle DP, Amdt 7A
                                                  Napakiak, AK, Napakiak, RNAV (GPS) RWY                                                                        of the collection-of-information
                                                    16, Orig-A                                                                                                  requirements contained in this rule may
                                                  Napakiak, AK, Napakiak, RNAV (GPS) RWY                                                                        be submitted by mail to NMFS Alaska
                                                    34, Orig-A                                                                                                  Region, P.O. Box 21668, Juneau, AK


                                             VerDate Sep<11>2014   18:28 Sep 29, 2016   Jkt 238001   PO 00000   Frm 00023   Fmt 4700   Sfmt 4700   E:\FR\FM\30SER1.SGM   30SER1


                                                  67114            Federal Register / Vol. 81, No. 190 / Friday, September 30, 2016 / Rules and Regulations

                                                  99802–1668, Attn: Ellen Sebastian,                      full observer coverage category when                  2016) and Sections 3.6 and 3.7 of the
                                                  Records Officer; in person at NMFS                      participating in a catch share program                RIR.
                                                  Alaska Region, 709 West 9th Street,                     with transferable prohibited species
                                                                                                                                                                1. Annual Request for Full Observer
                                                  Room 420A, Juneau, AK; by email to                      catch (PSC) limits. For trawl catcher
                                                                                                                                                                Coverage
                                                  OIRA_Submission@omb.eop.gov; or by                      vessels in the BSAI, the catch share
                                                  fax to 202–395–5806.                                    programs with transferable PSC limits                    This final rule allows the owner of a
                                                  FOR FURTHER INFORMATION CONTACT:                        are the American Fisheries Act (AFA)                  trawl catcher vessel to annually request
                                                  Alicia M. Miller, 907–586–7228.                         pollock fisheries in the Bering Sea and               full observer coverage in lieu of partial
                                                                                                          the Western Alaska Community                          observer coverage for directed fishing
                                                  SUPPLEMENTARY INFORMATION:                                                                                    for groundfish using trawl gear in the
                                                                                                          Development Quota (CDQ) groundfish
                                                  Background                                              fisheries. All other trawl catcher vessels            BSAI in the following year. This final
                                                                                                          subject to observer coverage                          rule establishes a regulatory process to
                                                     NMFS published a proposed rule to
                                                                                                          requirements in the BSAI are in the                   allow the owner of a trawl catcher
                                                  modify observer coverage requirements
                                                                                                          partial observer coverage category when               vessel to submit a request for full
                                                  for catcher vessels participating in the
                                                                                                          participating in the BSAI trawl limited               observer coverage to NMFS. NMFS will
                                                  trawl limited access fisheries in the
                                                                                                          access fisheries.                                     then place the vessel in the full observer
                                                  BSAI on July 7, 2016 (81 FR 44251). The
                                                                                                             Throughout this final rule, the trawl              coverage category for all directed fishing
                                                  comment period on the proposed rule
                                                                                                          fisheries in the BSAI that are not part of            for groundfish using trawl gear in the
                                                  ended on August 8, 2016. Following is                   a catch share program with transferable               BSAI in the following year.
                                                  a brief description of the North Pacific                PSC limits are referred to collectively as               This final rule does not restrict which
                                                  Groundfish and Halibut Observer                         ‘‘the BSAI trawl limited access                       trawl catcher vessel owners may request
                                                  Program (Observer Program) and                          fisheries.’’ Vessels participating in the             full observer coverage, allowing the
                                                  elements of the Observer Program                        BSAI trawl limited access fisheries                   owner of any trawl catcher vessel to
                                                  impacted by this final rule. The                        primarily target Pacific cod or yellowfin             request full observer coverage for all
                                                  preamble of the proposed rule (81 FR                    sole. The BSAI trawl limited access                   directed fishing for groundfish using
                                                  44251, July 7, 2016) provides a more                    fisheries are managed with halibut and                trawl gear in the BSAI in the following
                                                  detailed description of the Observer                    crab PSC limits that apply to the                     year. This final rule does not alter
                                                  Program and this action.                                directed fishery as a whole or to                     existing observer coverage requirements
                                                  The Observer Program                                    operational category and gear type.                   for trawl catcher vessels delivering
                                                                                                          Section 3.5 in the RIR provides                       unsorted codends to a mothership in the
                                                     Regulations implementing the                         additional information about the BSAI                 BSAI.
                                                  Observer Program require observer                       trawl limited access fisheries, the
                                                  coverage on fishing vessels and at                                                                            2. Annual Deadline
                                                                                                          Observer Program, and observer
                                                  processing plants to allow NMFS-                        coverage categories.                                     This final rule establishes an annual
                                                  certified observers (observers) to obtain                                                                     deadline of October 15 for a trawl
                                                  information necessary for the                           Need for This Final Rule                              catcher vessel owner to request
                                                  conservation and management of the                         Since 2013, for reasons detailed in the            placement in the full observer coverage
                                                  BSAI and Gulf of Alaska groundfish and                  proposed rule for this action (81 FR                  category for the following year.
                                                  halibut fisheries. The Observer Program                 44251, July 7, 2016), NMFS has
                                                  was implemented in 1990 (55 FR 4839,                    implemented an interim policy that                    This Final Rule
                                                  February 12, 1990). In 2013, NMFS                       allows an owner of a BSAI trawl catcher                  This final rule revises regulations at
                                                  restructured the funding and                            vessel to request, on an annual basis,                50 CFR part 679 to establish a process
                                                  deployment systems of the Observer                      placement in the full observer coverage               to allow the owner of a trawl catcher
                                                  Program (77 FR 70062, November 21,                      category by submitting a letter of request            vessel to request, on an annual basis,
                                                  2012). Under the restructured Observer                  to NMFS. Under the interim policy, the                that NMFS place the vessel in the full
                                                  Program, all vessels and processors in                  owner of a trawl catcher vessel complies              observer coverage category for all
                                                  the groundfish and halibut fisheries off                with full observer coverage                           directed fishing for groundfish using
                                                  Alaska are placed into one of two                       requirements but is not placed in the                 trawl gear in the BSAI in the following
                                                  categories: (1) The full observer                       full observer coverage category by                    calendar year. This final rule adds a
                                                  coverage category, where vessels and                    regulation. Therefore, the owner must                 paragraph at § 679.51(a)(2)(i)(C)(4)
                                                  processors obtain observer coverage by                  continue to comply with the partial                   describing a new vessel type under the
                                                  contracting directly with observer                      observer coverage category reporting                  list of catcher vessels in the full
                                                  providers; and (2) the partial observer                 requirements and associated observer                  observer coverage category to allow this
                                                  coverage category, where NMFS has the                   fee liability. This results in the vessel             annual request for placement in the full
                                                  flexibility to deploy observers when and                owner paying costs for partial and full               observer coverage category for one year.
                                                  where they are needed, as described in                  observer coverage and additional                      This final rule adds a new paragraph at
                                                  the annual deployment plan that is                      reporting requirements for those vessel               § 679.51(a)(4) to describe the
                                                  developed by NMFS in consultation                       owners that have requested full observer              requirements for this annual process.
                                                  with the North Pacific Fishery                          coverage under the interim policy. This                  The owner of a trawl catcher vessel
                                                  Management Council (Council). NMFS                      final rule replaces the interim policy                that requests full observer coverage in
                                                  funds observer deployment in the                        and establishes in regulation a process               lieu of partial observer coverage for all
asabaliauskas on DSK3SPTVN1PROD with RULES




                                                  partial observer coverage category by                   for the owner of a trawl catcher vessel               directed fishing for groundfish in the
                                                  assessing a 1.25 percent fee on the ex-                 to request placement in the full observer             BSAI trawl limited access fisheries in
                                                  vessel value of retained groundfish and                 coverage category.                                    the following year will submit the
                                                  halibut from vessels that are not in the                   The major provisions of this final rule            request to NMFS using the Observer
                                                  full observer coverage category.                        are summarized below. Additional                      Declare and Deploy System (ODDS),
                                                     Regulations implementing the                         detail about the rationale for the major              which is described at § 679.51(a)(1)(ii).
                                                  restructured Observer Program in 2013                   provisions is found in the proposed rule              Once a request is received, NMFS will
                                                  placed all trawl catcher vessels in the                 for this action (81 FR 44251, July 7,                 consider the request and will notify the


                                             VerDate Sep<11>2014   18:28 Sep 29, 2016   Jkt 238001   PO 00000   Frm 00024   Fmt 4700   Sfmt 4700   E:\FR\FM\30SER1.SGM   30SER1


                                                                   Federal Register / Vol. 81, No. 190 / Friday, September 30, 2016 / Rules and Regulations                                      67115

                                                  vessel owner whether the request is                     sampling station and the Observer                     Other Changes
                                                  approved or denied. This notification                   Sampling Manual throughout part 679,                    NMFS corrects § 679.51(a)(2)(i)(C)(2)
                                                  will occur through ODDS. Once NMFS                      and updates check-in/check-out report                 by changing ‘‘while’’ to ‘‘when’’ to be
                                                  has notified the vessel owner that a                    submission methods by removing a                      consistent with the terminology used in
                                                  request to be placed in the full observer               discontinued email address in § 679.5.                existing regulations.
                                                  coverage category for the following year                                                                        NMFS removed the cross reference
                                                  is approved, the owner and operator of                  Comments and Responses
                                                                                                                                                                correction in § 679.21 from this final
                                                  the trawl catcher vessel are subject to                    During the comment period for the                  rule because the cross reference was
                                                  full observer coverage requirements as                  proposed rule, NMFS received two                      corrected in the final rule to implement
                                                  described at § 679.51(a)(2) for all                     letters of comment from two                           salmon bycatch management measures
                                                  directed fishing for groundfish using                   individuals, each letter containing two               under Amendment 110 to the BSAI FMP
                                                  trawl gear in the BSAI in the following                 substantive comments. NMFS’                           (81 FR 37534, June 10, 2016).
                                                  year. Once approved by NMFS for                         responses to these comments are
                                                  placement in the full observer coverage                                                                       OMB Revisions to Paperwork Reduction
                                                                                                          presented below.
                                                  category, a trawl catcher vessel cannot                                                                       Act References in 15 CFR 902.1(b)
                                                                                                             Comment 1: Both commenters
                                                  be placed in the partial observer                                                                                Section 3507(c)(B)(i) of the Paperwork
                                                                                                          expressed support for this action, noting
                                                  coverage category until the next year.                                                                        Reduction Act requires that agencies
                                                                                                          that the vessels they represent will be
                                                  Until NMFS provides notification of                                                                           inventory and display a current control
                                                                                                          positively impacted by this action and
                                                  approval, a catcher vessel remains in the                                                                     number assigned by the Director, Office
                                                                                                          that the proposed rule is consistent with
                                                  partial observer coverage category as                                                                         of Management and Budget (OMB), for
                                                                                                          changes requested by industry in 2012,
                                                  described at § 679.51(a)(1)(i).                                                                               each agency information collection.
                                                     The owner of a trawl catcher vessel                  as well as the recommendations made
                                                                                                                                                                Section 902.1(b) identifies the location
                                                  placed in the full observer coverage                    by the Council in February 2016.
                                                                                                                                                                of NOAA regulations for which OMB
                                                  category contracts directly with a                         Response: NMFS acknowledges this                   approval numbers have been issued.
                                                  permitted full coverage observer                        comment.                                              Because this final rule revises and adds
                                                  provider to procure observer services as                   Comment 2: Both commenters                         data elements within a collection-of-
                                                  described at § 679.51(d). The owner of a                support all provisions of the final rule              information for recordkeeping and
                                                  trawl catcher vessel in the full observer               as proposed, and request the action be                reporting requirements, 15 CFR 902.1(b)
                                                  coverage category is not required to log                implemented as soon as possible.                      is revised to reference correctly the
                                                  fishing trips in ODDS under                                Response: NMFS acknowledges this                   sections resulting from this final rule.
                                                  § 679.51(a)(1), and landings made by a                  comment. To ensure this action is
                                                  vessel in the full observer coverage                                                                          Classification
                                                                                                          effective and allow at least 15 days for
                                                  category are not subject to the 1.25                    vessel owners to submit a full observer                 Pursuant to section 304(b)(1)(A) and
                                                  percent partial observer coverage fee                   coverage request for the 2017 calendar                305(d) of the Magnuson-Stevens Act, the
                                                  under § 679.55.                                         year, an implementation year deadline                 Administrator, Alaska Region, NMFS,
                                                     This final rule establishes an annual                                                                      determined that this final rule is
                                                                                                          has been added to this final rule as
                                                  deadline of October 15 for a trawl                                                                            necessary for the conservation and
                                                                                                          described in the following section.
                                                  catcher vessel owner to request that a                                                                        management of the BSAI trawl limited
                                                  trawl catcher vessel operating in the                   Changes From the Proposed Rule                        access fisheries and is consistent with
                                                  BSAI be placed in the full observer                                                                           the BSAI FMP, other provisions of the
                                                  coverage category for the following year                   This final rule includes changes to the            Magnuson-Stevens Act, and other
                                                  as described at § 679.51(a)(4)(iii). NMFS               regulatory text published in the                      applicable law.
                                                  will approve all requests that contain                  proposed rule. These changes are                        This final rule has been determined to
                                                  the information required by ODDS                        necessary to define an initial                        be not significant for purposes of
                                                  submitted on or before October 15. If                   implementation deadline for the 2017                  Executive Order 12866.
                                                  NMFS denies a request to place a                        calendar year and to make a minor
                                                                                                          editorial correction to existing                      Small Entity Compliance Guide
                                                  catcher vessel in the full observer
                                                  coverage category, the catcher vessel                   regulatory text that was inadvertently                   Section 212 of the Small Business
                                                  will remain in the partial observer                     altered in the proposed rule.                         Regulatory Enforcement Fairness Act of
                                                  coverage category as described at                       Initial Implementation Deadline for                   1996 states that, for each rule or group
                                                  § 679.51(a)(1)(i).                                      2017                                                  of related rules for which an agency is
                                                     This final rule specifies at                                                                               required to prepare a final regulatory
                                                  § 679.51(a)(4)(v) that if NMFS denies a                    The proposed rule for this action (81              flexibility analysis, the agency shall
                                                  request for placement in the full                       FR 44251, July 7, 2016) proposed an                   publish one or more guides to assist
                                                  observer coverage category, NMFS will                   annual deadline of October 15 for a                   small entities in complying with the
                                                  issue an Initial Administrative                         trawl catcher vessel owner to request                 rule, and shall designate such
                                                  Determination, which will explain in                    that a trawl catcher vessel operating in              publications as ‘‘small entity
                                                  writing the reasons for the denial. Under               the BSAI be placed in the full observer               compliance guides.’’ The agency shall
                                                  § 679.51(a)(4)(vi), the vessel owner can                coverage category for the following year.             explain the actions a small entity is
                                                  appeal a denial to the National Appeals                 Because the effective date of this final              required to take to comply with a rule
                                                  Office according to the procedures in 15                rule is after October 15, 2016, the                   or group of rules. The preamble to the
asabaliauskas on DSK3SPTVN1PROD with RULES




                                                  CFR part 906.                                           deadline for the 2017 calendar year is 15             proposed rule (81 FR 44251, July 7,
                                                     This final rule makes minor technical                days after the effective date of this final           2016) and the preamble to this final rule
                                                  corrections to Observer Program                         rule. This deadline for 2017 is necessary             serve as the small entity compliance
                                                  regulations, and corrects inaccurate                    to provide an adequate amount of time                 guide for this action. Copies of the
                                                  cross references in § 679.84 and § 679.93               after publication of the final rule in the            proposed rule, this final rule, and
                                                  to observer coverage requirements in                    Federal Register for the owner of a trawl             additional information about how to
                                                  § 679.51. This final rule also                          catcher vessel to submit a full observer              comply with other requirements of the
                                                  standardizes references to the observer                 coverage request to NMFS.                             Observer Program are available on the


                                             VerDate Sep<11>2014   18:28 Sep 29, 2016   Jkt 238001   PO 00000   Frm 00025   Fmt 4700   Sfmt 4700   E:\FR\FM\30SER1.SGM   30SER1


                                                  67116            Federal Register / Vol. 81, No. 190 / Friday, September 30, 2016 / Rules and Regulations

                                                  NMFS Alaska Region Web site (https://                   Summary of Significant Issues Raised                  their trawl catcher vessel in the full
                                                  alaskafisheries.noaa.gov/fisheries/                     During Public Comment                                 observer coverage category will be
                                                  observer-program).                                         NMFS published a proposed rule to                  required to submit a request to NMFS.
                                                                                                          modify observer coverage requirements                 This request is a new reporting
                                                  Final Regulatory Flexibility Analysis
                                                                                                          for catcher vessels participating in the              requirement and only applies to those
                                                     Section 604 of the Regulatory                                                                              catcher vessel owners who request
                                                                                                          BSAI trawl limited access fisheries on
                                                  Flexibility Act (RFA) requires an agency                                                                      placement of their vessel in the full
                                                                                                          July 7, 2016 (81 FR 44251). An IRFA
                                                  to prepare a final regulatory flexibility                                                                     observer coverage category. The
                                                                                                          was prepared and summarized in the
                                                  analysis (FRFA) after being required by                                                                       reporting requirement to log fishing
                                                                                                          Classification section of the preamble to
                                                  that section or any other law to publish                                                                      trips in ODDS does not apply to vessels
                                                                                                          the proposed rule. The comment period
                                                  a general notice of proposed rulemaking                                                                       in the full observer coverage category;
                                                                                                          on the proposed rule ended on August
                                                  and when an agency promulgates a final                                                                        therefore, this final rule removes the
                                                                                                          8, 2016. NMFS received two letters of
                                                  rule under section 553 of Title 5 of the                                                                      reporting requirement for these directly
                                                                                                          comment, each in support of the action
                                                  U.S. Code. The following paragraphs                                                                           regulated small entities to log fishing
                                                                                                          as proposed. These comments letters
                                                  constitute the FRFA for this action.                                                                          trips in ODDS.
                                                                                                          did not address the IRFA. The
                                                  Section 604 describes the required                      commenters did request the rulemaking                 Description of Significant Alternatives
                                                  contents of a FRFA: (1) A statement of                  process be completed as soon as                       to This Rule That Minimize Economic
                                                  the need for, and objectives of, the rule;              possible. The Chief Counsel for                       Impacts on Small Entities
                                                  (2) a statement of the significant issues               Advocacy of the SBA did not file any                     The RFA requires identification of
                                                  raised by the public comments in                        comments on the proposed rule.                        any significant alternatives to this rule
                                                  response to the initial regulatory
                                                                                                          Number and Description of Small                       that accomplish the stated objectives,
                                                  flexibility analysis, a statement of the
                                                                                                          Entities Directly Regulated by this Rule              consistent with applicable statutes, and
                                                  assessment of the agency of such issues,
                                                                                                                                                                that would minimize any significant
                                                  and a statement of any changes made in                     This final rule directly regulates the             economic impact of this rule on small
                                                  the proposed rule as a result of such                   owners of trawl catcher vessels that                  entities. This final rule is expected to
                                                  comments; (3) the response of the                       participate in the BSAI trawl limited                 create a net benefit for the directly
                                                  agency to any comments filed by the                     access fisheries. The SBA has                         regulated small entities because it offers
                                                  Chief Counsel for Advocacy of the Small                 established size standards for all major              trawl catcher vessel owners an
                                                  Business Administration (SBA) in                        industry sectors in the United States.                opportunity to change their observer
                                                  response to the proposed rule, and a                    For RFA purposes only, NMFS has                       coverage category. The benefits of this
                                                  detailed statement of any change made                   established a small business size                     final rule to trawl catcher vessel owners
                                                  to the proposed rule in the final rule as               standard for businesses, including their              are expected to outweigh the costs of
                                                  a result of the comments; (4) a                         affiliates, whose primary industry is                 paying for an observer to be on board
                                                  description of and an estimate of the                   commercial fishing (see 50 CFR 200.2).                the vessel during all groundfish fishing
                                                  number of small entities to which the                   A business primarily engaged in                       in the BSAI trawl limited access
                                                  rule will apply or an explanation of why                commercial fishing (NAICS code 11411)                 fisheries, and the cost of the annual
                                                  no such estimate is available; (5) a                    is classified as a small business if it is            request to NMFS. If the benefits to a
                                                  description of the projected reporting,                 independently owned and operated, is                  catcher vessel owner do not outweigh
                                                  recordkeeping and other compliance                      not dominant in its field of operation                the costs, a catcher vessel owner can
                                                  requirements of the rule, including an                  (including its affiliates), and has                   choose not to request their vessel be
                                                  estimate of the classes of small entities               combined annual receipts not in excess                placed in the full observer coverage
                                                  which will be subject to the requirement                of $11 million for all its affiliated                 category, and therefore, would not be
                                                  and the type of professional skills                     operations worldwide.                                 impacted by this final rule.
                                                  necessary for preparation of the report                    This final rule provides the owners of                The Council considered the status quo
                                                  or record; and (6) a description of the                 BSAI trawl catcher vessels that                       (Alternative 1) and two action
                                                  steps the agency has taken to minimize                  currently are placed in the partial                   alternatives (Alternative 2 and
                                                  the significant economic impact on                      observer coverage category the                        Alternative 3). Alternative 3 included
                                                  small entities consistent with the stated               opportunity for placement in the full                 one option and three suboptions. The
                                                  objectives of applicable statutes,                      observer coverage category. In 2014, 100              preferred alternative (Alternative 3 with
                                                  including a statement of the factual,                   catcher vessels used trawl gear in the                Suboption 3) described in this final rule
                                                  policy, and legal reasons for selecting                 BSAI. NMFS estimates that 13 of these                 provides the owners of BSAI trawl
                                                  the alternative adopted in the final rule               trawl catcher vessels are directly                    catcher vessels an option of requesting,
                                                  and why each one of the other                           regulated small entities. The owners of               on an annual basis, placement in the
                                                  significant alternatives to the rule                    three of these catcher vessels requested              full observer coverage category rather
                                                  considered by the agency which affect                   to be placed in the full observer                     than remaining in the partial observer
                                                  the impact on small entities was                        coverage category for all their BSAI                  coverage category. No new requirements
                                                  rejected.                                               trawl limited access fisheries during at              are imposed under the preferred
                                                  Need for and Objectives of This Rule                    least one year from 2013 through 2015.                alternative unless the catcher vessel
                                                                                                                                                                owner requests placement in the full
                                                    A description of the need for, and                    Reporting, Recordkeeping and Other
                                                                                                                                                                observer coverage category. Of the
                                                                                                          Compliance Requirements
asabaliauskas on DSK3SPTVN1PROD with RULES




                                                  objectives of, this rule is contained in                                                                      action alternatives analyzed, the
                                                  the preamble to the proposed rule and                     This final rule includes one new                    preferred alternative provides the most
                                                  this final rule and is not repeated here.               reporting requirement and eliminates                  flexibility for the owner of a trawl
                                                  This FRFA incorporates the Initial                      one reporting requirement for a vessel                catcher vessel to request full observer
                                                  Regulatory Flexibility Analysis (IRFA)                  owner who requests placement of their                 coverage in lieu of partial observer
                                                  (see ADDRESSES) and the summary of the                  vessel in the full observer coverage                  coverage.
                                                  IRFA in the proposed rule (81 FR 44251,                 category for a year. Any trawl catcher                   Alternative 1 (status quo) would have
                                                  July 7, 2016).                                          vessel owner who requests placement of                continued to offer catcher vessel owners


                                             VerDate Sep<11>2014   18:28 Sep 29, 2016   Jkt 238001   PO 00000   Frm 00026   Fmt 4700   Sfmt 4700   E:\FR\FM\30SER1.SGM   30SER1


                                                                   Federal Register / Vol. 81, No. 190 / Friday, September 30, 2016 / Rules and Regulations                                                     67117

                                                  the option of carrying full observer                    currently valid OMB control number.                               ■ 4. In § 679.51:
                                                  coverage under the interim policy, but                  All currently approved NOAA                                       ■ a. Revise paragraphs (a)(2)(i)(C)(2) and
                                                  would not remove the requirement in                     collections of information may be                                 (3); and
                                                  regulations for continued payment of                    viewed at http://www.cio.noaa.gov/                                ■ b. Add paragraphs (a)(2)(i)(C)(4) and
                                                  the partial observer coverage fee in                    services_programs/prasubs.html.                                   (a)(4).
                                                  addition to the cost of full observer                                                                                        The revisions and additions read as
                                                                                                          List of Subjects                                                  follows:
                                                  coverage. Alternative 2 is more
                                                  restrictive than the preferred alternative              15 CFR Part 902
                                                                                                                                                                            § 679.51 Observer requirements for
                                                  because it would have permanently                         Reporting and recordkeeping                                     vessels and plants.
                                                  placed AFA trawl catcher vessels in the                 requirements.
                                                  full observer coverage category rather                                                                                    *       *     *     *    *
                                                  than offering the vessel owners an                      50 CFR Part 679                                                      (a) * * *
                                                  option to request full observer coverage                                                                                     (2) * * *
                                                                                                            Alaska, Fisheries, Reporting and                                   (i) * * *
                                                  on an annual basis. Alternative 3 Option                recordkeeping requirements.                                          (C) * * *
                                                  1 would have allowed only the owners                                                                                         (2) Using trawl gear or hook-and-line
                                                                                                            Dated: September 22, 2016.
                                                  of AFA trawl catcher vessels to request
                                                                                                          Samuel D. Rauch III,                                              gear when groundfish CDQ fishing (see
                                                  placement in the full observer coverage
                                                                                                          Deputy Assistant Administrator for                                § 679.2), except for catcher vessels less
                                                  category, rather than providing the
                                                                                                          Regulatory Programs, National Marine                              than or equal to 46 ft LOA using hook-
                                                  opportunity to the owners of all BSAI
                                                                                                          Fisheries Service.                                                and-line gear when groundfish CDQ
                                                  trawl catcher vessels. Alternative 3
                                                                                                            For the reasons set out in the                                  fishing under § 679.32(c)(3)(iii);
                                                  Suboption 1 would have established an
                                                                                                          preamble, NMFS amends 15 CFR part                                    (3) Participating in the Rockfish
                                                  earlier deadline to submit the request
                                                                                                          902 and 50 CFR part 679 as follows:                               Program; or
                                                  for full observer coverage than under the                                                                                    (4) Using trawl gear in the BSAI if the
                                                  preferred alternative. Directly regulated               Title 15—Commerce and Foreign Trade                               vessel has been placed in the full
                                                  small entities opposed the earlier                                                                                        observer coverage category under
                                                  deadline because they wanted more                       PART 902—NOAA INFORMATION                                         paragraph (a)(4) of this section.
                                                  time to make business decisions about                   COLLECTION REQUIREMENTS UNDER
                                                  observer coverage in the following year.                                                                                  *       *     *     *    *
                                                                                                          THE PAPERWORK REDUCTION ACT:
                                                  Alternative 3 Suboption 2 would have                                                                                         (4) BSAI trawl catcher vessel
                                                                                                          OMB CONTROL NUMBERS
                                                  established a one-time request to be                                                                                      placement in the full observer coverage
                                                  placed in the full observer coverage                    ■ 1. The authority citation for part 902                          category for one year—(i) Applicability.
                                                  category rather than an annual request                  continues to read as follows:                                     The owner of a catcher vessel in the
                                                  as under the preferred alternative. In                                                                                    partial observer coverage category under
                                                                                                              Authority: 44 U.S.C. 3501 et seq.
                                                  summary, the preferred alternative of                                                                                     paragraph (a)(1)(i) of this section may
                                                  Alternative 3 with Suboption 3 (this                    ■ 2. In § 902.1, in the table in paragraph                        request to be placed in the full observer
                                                  final rule) offers the widest range of                  (b), under the entry ‘‘50 CFR’’ revise                            coverage category for all directed fishing
                                                  options to the widest range of directly                 entry for ‘‘679.51’’ to read as follows:                          for groundfish using trawl gear in the
                                                  regulated small entities, as compared to                § 902.1 OMB control numbers assigned
                                                                                                                                                                            BSAI for a calendar year.
                                                  all other alternatives.                                 pursuant to the Paperwork Reduction Act.                             (ii) How to request full observer
                                                                                                                                                                            coverage for one year. A trawl catcher
                                                  Collection-of-Information Requirements                  *       *    *               *           *                        vessel owner must complete a full
                                                                                                              (b) * * *
                                                    This final rule contains a collection-                                                                                  observer coverage request and submit it
                                                  of-information requirement subject to                     CFR part or section                         Current OMB         to NMFS using ODDS. ODDS is
                                                  the Paperwork Reduction Act (PRA) and                    where the information                       control No. (all     described in paragraph (a)(1)(ii) of this
                                                  which has been approved by the OMB                       collection requirement                      numbers begin        section.
                                                  under Control No. 0648–0731. The                                is located                            with 0648–)            (iii) Deadline. For 2017, a full
                                                  public reporting burden for Request for                                                                                   observer coverage request must be
                                                  Full Observer Coverage Category is                         *                  *              *           *
                                                                                                                                                                            submitted by November 15, 2016. For
                                                  estimated to average 5 minutes per                      50 CFR:                                                           2018 and every year after 2018, a full
                                                  response, including the time for                                                                                          observer coverage request must be
                                                  reviewing instructions, searching                          *            *              *               *                  submitted by October 15 of the year
                                                  existing data sources, gathering and                    679.51 ..........................         –0206, –0269,           prior to the calendar year in which the
                                                  maintaining the data needed, and                                                                    –0272, –0318,         catcher vessel would be placed in the
                                                  completing and reviewing the collection                                                             –0401, –0513,         full observer coverage category.
                                                                                                                                                      –0545, –0565,            (iv) Notification. NMFS will notify the
                                                  of information.                                                                                     –0731.
                                                    Send comments on these burden                                                                                           vessel owner through ODDS of approval
                                                  estimates or any other aspects of the                         *               *              *           *                or denial to place a trawl catcher vessel
                                                  collection of information, including                                                                                      in the full observer coverage category.
                                                  suggestions for reducing the burden, to                 Title 50—Wildlife and Fisheries                                   Unless otherwise specified in paragraph
                                                  NMFS (see ADDRESSES), by email to                                                                                         (a)(2) of this section, a trawl catcher
                                                  OIRA_Submission@omb.eop.gov, or fax                     PART 679—FISHERIES OF THE                                         vessel remains in the partial observer
asabaliauskas on DSK3SPTVN1PROD with RULES




                                                  to (202) 395–5806.                                      EXCLUSIVE ECONOMIC ZONE OFF                                       coverage category under paragraph
                                                    Notwithstanding any other provision                   ALASKA                                                            (a)(1)(i) of this section until a request to
                                                  of the law, no person is required to                                                                                      place a trawl catcher vessel in the full
                                                  respond to, and no person shall be                      ■ 3. The authority citation for 50 CFR                            observer coverage category has been
                                                  subject to penalty for failure to comply                part 679 continues to read as follows:                            approved by NMFS. Once placement in
                                                  with, a collection of information subject                 Authority: 16 U.S.C. 773 et seq.; 1801 et                       the full observer coverage category is
                                                  to the requirements of the PRA, unless                  seq.; 3631 et seq.; Pub. L. 108–447; Pub. L.                      approved by NMFS, a trawl catcher
                                                  that collection of information displays a               111–281.                                                          vessel cannot be placed in the partial


                                             VerDate Sep<11>2014   18:28 Sep 29, 2016   Jkt 238001   PO 00000       Frm 00027       Fmt 4700       Sfmt 4700   E:\FR\FM\30SER1.SGM   30SER1


                                                  67118                 Federal Register / Vol. 81, No. 190 / Friday, September 30, 2016 / Rules and Regulations

                                                  observer coverage category until the                                      (vi) Appeal. If the owner of a trawl                                  §§ 679.5, 679.28, 679.52, 679.53, 679.84, and
                                                  following year.                                                         catcher vessel wishes to appeal NMFS’                                   679.93 [Amended]
                                                    (v) Initial Administrative                                            denial of a request to place a trawl
                                                                                                                          catcher vessel in the full observer                                     ■ 5. At each of the locations shown in
                                                  Determination (IAD). If NMFS denies a                                                                                                           the ‘‘Location’’ column, remove the
                                                                                                                          coverage category, the owner may
                                                  request to place a trawl catcher vessel in                                                                                                      phrase indicated in the ‘‘Remove’’
                                                                                                                          appeal the determination under the
                                                  the full observer coverage category,                                                                                                            column and add in its place the phrase
                                                                                                                          appeals procedure set out at 15 CFR part
                                                  NMFS will provide an IAD, which will                                    906.                                                                    indicated in the ‘‘Add’’ column.
                                                  explain the basis for the denial.
                                                                                                                          *     *     *     *    *



                                                                                    Location                                                                            Remove                                                        Add

                                                  § 679.5(h)(1) ...................................................................    , or by e-mail to erreports.alaskafisheries@noaa.gov ...                           .
                                                  § 679.28(d)(9)(ii) .............................................................     Observer sample station ................................................           Observer sampling station
                                                  § 679.52(b)(1)(iii)(B)(2) ...................................................        Observer manual ...........................................................        Observer Sampling Manual
                                                  § 679.52(b)(2)(i) ..............................................................     Observer Manual ...........................................................        Observer Sampling Manual
                                                  § 679.52(b)(11)(x)(A)(4) ..................................................          Observer manual ...........................................................        Observer Sampling Manual
                                                  § 679.53(b)(2)(i) ..............................................................     Observer Manual ...........................................................        Observer Sampling Manual
                                                  § 679.84(c)(3) ..................................................................    § 679.50(c)(7)(i) ..............................................................   § 679.51(a)(2)
                                                  § 679.84(e) ......................................................................   § 679.50(c)(7)(ii) .............................................................   § 679.51(a)(2)
                                                  § 679.84(f)(1) ..................................................................    § 679.50(c)(7)(ii) .............................................................   § 679.51(a)(2)
                                                  § 679.84(f)(2) ..................................................................    § 679.50(c)(7)(ii) .............................................................   § 679.51(a)(2)
                                                  § 679.93(c)(3) ..................................................................    § 679.50(c)(6) .................................................................   § 679.51(a)(2)
                                                  § 679.93(c)(6) ..................................................................    observer sample station .................................................          observer sampling station
                                                  § 679.93(d)(2) .................................................................     § 679.50(c)(6)(ii) .............................................................   § 679.51(a)(2)



                                                  [FR Doc. 2016–23536 Filed 9–29–16; 8:45 am]                             13H submission was a Form 13H–I                                         describes the technical formatting
                                                  BILLING CODE 3510–22–P                                                  (Inactive) to submit a Form 13H–T                                       requirements for the preparation and
                                                                                                                          (Termination) regardless of elapsed                                     submission of electronic filings through
                                                                                                                          time; and make documentation updates                                    the EDGAR system.1 It also describes
                                                  SECURITIES AND EXCHANGE                                                 to Chapter 5 and Chapter 6 of the                                       the requirements for filing using
                                                  COMMISSION                                                              ‘‘EDGAR Filer Manual, Volume II:                                        EDGARLink Online and the Online
                                                                                                                          EDGAR Filing’’ relating to eXtensible                                   Forms/XML Web site.
                                                  17 CFR Part 232                                                         Business Reporting Language (XBRL)                                         The revisions to the Filer Manual
                                                                                                                          format. The EDGAR system was                                            reflect changes within Volume II
                                                  [Release Nos. 33–10217; 34–78883; 39–
                                                                                                                          upgraded to support the new                                             entitled EDGAR Filer Manual, Volume
                                                  2512; IC–32269]
                                                                                                                          submission form types N–MFP2 and N–                                     II: ‘‘EDGAR Filing,’’ Version 38
                                                  Adoption of Updated EDGAR Filer                                         MFP2/A for money market mutual                                          (September 2016). The updated manual
                                                  Manual                                                                  funds on August 29, 2016. The EDGAR                                     will be incorporated by reference into
                                                                                                                          system is scheduled to be upgraded to                                   the Code of Federal Regulations.
                                                  AGENCY:  Securities and Exchange                                        support the other functionalities on                                       The Filer Manual contains all the
                                                  Commission.                                                             September 19, 2016.                                                     technical specifications for filers to
                                                  ACTION: Final rule.                                                                                                                             submit filings using the EDGAR system.
                                                                                                                          DATES: Effective September 30, 2016.
                                                                                                                                                                                                  Filers must comply with the applicable
                                                  SUMMARY:   The Securities and Exchange                                  The incorporation by reference of the
                                                                                                                                                                                                  provisions of the Filer Manual in order
                                                  Commission (the Commission) is                                          EDGAR Filer Manual is approved by the
                                                                                                                                                                                                  to assure the timely acceptance and
                                                  adopting revisions to the Electronic Data                               Director of the Federal Register as of
                                                                                                                                                                                                  processing of filings made in electronic
                                                  Gathering, Analysis, and Retrieval                                      September 30, 2016.
                                                                                                                                                                                                  format.2 Filers may consult the Filer
                                                  System (EDGAR) Filer Manual and                                         FOR FURTHER INFORMATION CONTACT: In                                     Manual in conjunction with our rules
                                                  related rules to reflect updates to the                                 the Division of Investment Management,                                  governing mandated electronic filing
                                                  EDGAR system. The updates are being                                     for questions concerning Form N–MFP2                                    when preparing documents for
                                                  made primarily to support the new                                       and Form N–CR, contact Heather                                          electronic submission.3
                                                  submission form types N–MFP2 and N–                                     Fernandez at (202) 551–6708; in the                                        The EDGAR system will be upgraded
                                                  MFP2/A for money market mutual                                          Division of Corporate Finance, for                                      to Release 16.3 on September 19, 2016
                                                  funds; allow unregistered money market                                  questions concerning Form ABS–EE,                                       and will introduce the following
                                                  fund to file a report on submission form                                contact Vik Sheth at (202) 551–3818; in                                 changes:
                                                  types N–CR and N–CR/A; update the                                       the Division of Trading and Markets, for
                                                  date format for ABS–EE Asset Data                                       questions concerning Form 13H, contact                                     1 We originally adopted the Filer Manual on April

                                                  schemas from MM/YYYY to MM–DD–                                          Kathy Bateman at (202) 551–4345; and                                    1, 1993, with an effective date of April 26, 1993.
asabaliauskas on DSK3SPTVN1PROD with RULES




                                                                                                                          in the Division of Economic and Risk                                    Release No. 33–6986 (April 1, 1993) [58 FR 18638].
                                                  YYYY for CMBS Asset Class: Item 2(c)                                                                                                            We implemented the most recent update to the Filer
                                                  (12), and Debt Securities Asset Class:                                  Analysis, for questions concerning                                      Manual on June 13, 2016. See Release No. 33–10095
                                                  Debt Securities, Item 5(f)(3); update the                               eXtensible Business Reporting Language                                  (July 1, 2016) [81 FR 43047].
                                                  codes and descriptions referencing                                      (XBRL) disseminations; contact Walter                                      2 See Rule 301 of Regulation S–T (17 CFR

                                                  CMSA to reference CREFC for CMBS                                        Hamscher at (202) 551–5397.                                             232.301).
                                                                                                                                                                                                     3 See Release No. 33–10095 in which we
                                                  Asset Class Item 2(d)(28)(xii) and CMBS                                 SUPPLEMENTARY INFORMATION: We are
                                                                                                                                                                                                  implemented EDGAR Release 16.2. For additional
                                                  Asset Class Item 2(d)(28)(xiii); allow a                                adopting an updated EDGAR Filer                                         history of Filer Manual rules, please see the cites
                                                  Large Trader whose most recent Form                                     Manual, Volume II. The Filer Manual                                     therein.



                                             VerDate Sep<11>2014        18:28 Sep 29, 2016        Jkt 238001      PO 00000       Frm 00028       Fmt 4700      Sfmt 4700     E:\FR\FM\30SER1.SGM             30SER1



Document Created: 2018-02-09 13:33:59
Document Modified: 2018-02-09 13:33:59
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule.
DatesEffective October 31, 2016.
ContactAlicia M. Miller, 907-586-7228.
FR Citation81 FR 67113 
RIN Number0648-BF80
CFR Citation15 CFR 902
50 CFR 679
CFR AssociatedReporting and Recordkeeping Requirements; Alaska and Fisheries

2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR