82 FR 56899 - Requirements To Document U.S.-Flag Fishing Industry Vessels of 100 Feet or Greater in Registered Length

DEPARTMENT OF TRANSPORTATION
Maritime Administration

Federal Register Volume 82, Issue 230 (December 1, 2017)

Page Range		56899-56901
FR Document		2017-25896

The Maritime Administration (``MARAD'') is amending its regulations which implement new requirements regarding certain large fishing industry vessels set forth in the American Fisheries Act of 1998 (``AFA''), as amended by the Coast Guard Authorization Act of 2010 (``CGAA'') and the Coast Guard and Maritime Transportation Act of 2012 (``CGMTA''). The revisions to the regulation adds two new exceptions to the restrictions on the eligibility of vessels over 165 feet in registered length to be documented with fishery endorsements, eliminates the 15-day application deadline for vessels whose fishery endorsements have become invalid, limits fishery endorsement eligibility for certain large fishing industry vessels, and eliminates certain exemptions for specific vessels that were deleted in the CGMTA. In addition, MARAD is revising its Large Vessel Certification form to incorporate these new requirements.

Federal Register, Volume 82 Issue 230 (Friday, December 1, 2017)

[Federal Register Volume 82, Number 230 (Friday, December 1, 2017)]
[Rules and Regulations]
[Pages 56899-56901]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-25896]


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DEPARTMENT OF TRANSPORTATION

Maritime Administration

46 CFR Part 356

RIN 2133-AB86


Requirements To Document U.S.-Flag Fishing Industry Vessels of 
100 Feet or Greater in Registered Length

AGENCY: Maritime Administration, Department of Transportation.

ACTION: Final rule.

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

SUMMARY: The Maritime Administration (``MARAD'') is amending its 
regulations which implement new requirements regarding certain large 
fishing industry vessels set forth in the American Fisheries Act of 
1998 (``AFA''), as amended by the Coast Guard Authorization Act of 2010 
(``CGAA'') and the Coast Guard and Maritime Transportation Act of 2012 
(``CGMTA''). The revisions to the regulation adds two new exceptions to 
the restrictions on the eligibility of vessels over 165 feet in 
registered length to be documented with fishery endorsements, 
eliminates the 15-day application deadline for vessels whose fishery 
endorsements have become invalid, limits fishery endorsement 
eligibility for certain large fishing industry vessels, and eliminates 
certain exemptions for specific vessels that were deleted in the CGMTA. 
In addition, MARAD is revising its Large Vessel Certification form to 
incorporate these new requirements.

DATES: This final rule becomes effective on January 2, 2018.

FOR FURTHER INFORMATION CONTACT: Michael C. Pucci, Attorney Advisor, 
Division of Maritime Programs, Maritime Administration, at (202) 366-
5320. You may send mail to Michael C. Pucci at Maritime Administration, 
1200 New Jersey Avenue SE., MAR 222, W24-214, Washington, DC 20590-
0001. You may send electronic mail to [email protected].

SUPPLEMENTARY INFORMATION: 

Background

    Section 602(a) of the CGAA added two new exceptions to the 
restrictions on the eligibility of vessels over 165 feet in registered 
length to be documented with fishery endorsements found at 46 U.S.C. 
12113(d): (1) Replaced or rebuilt vessels and (2) fish tender vessels. 
The CGAA also eliminated the 15-day application deadline for vessels 
whose fishery endorsements had become invalid. Exemptions from the 
large fishing industry vessel restrictions are found in our regulations 
at 46 CFR 356.47.
    In addition, section 601(b)(2) of the CGAA repealed section 203(g) 
of the AFA, which exempted particular vessels from the ownership 
requirements of 46 U.S.C. 12113. These exempt vessels are currently 
listed in our regulations at 46 CFR 356.51.
    Section 307 of the CGMTA (``Section 307'') added further 
restrictions on large vessels under 46 U.S.C. 12113(d) by limiting 
those vessels from participating in the non-AFA trawl catcher processor 
subsector.
    Accordingly, MARAD is updating its regulations under 46 CFR part 
356 to reflect these amendments to the AFA and 46 U.S.C. 12113.
    In addition to updating our regulations under 46 CFR part 356, 
MARAD is revising its Large Vessel Certificate to reflect the 
amendments to 46 U.S.C. 12113. Owners of fishing industry vessels 165 
feet or greater in registered length are required to submit a Large 
Vessel Certificate to MARAD on an annual basis under 46 CFR 356.47(e). 
The revisions to the form include provisions for the replacement and 
fish tender vessels as well as a provision that an AFA sector vessel is 
neither participating in nor eligible to participate in the non-AFA 
trawl catcher-processor sector.
    Finally, MARAD is amending 46 CFR 356.47(a) to update the statutory 
citation to the current code sections.

Rulemaking Analysis and Notices

    Executive Orders 12866 (Regulatory Planning and Review), 13563 
(Improving Regulation and Regulatory Review) and DOT Regulatory 
Policies and Procedures. Under E.O. 12866 (58 FR 51735, October 4, 
1993), supplemented by E.O. 13563 (76 FR 3821, January 18, 2011) and 
DOT policies and procedures, MARAD must determine whether a regulatory 
action is ``significant,'' and, therefore, subject to OMB review and 
the requirements of the E.O. The Order defines ``significant regulatory 
action'' as one likely to result in a rule that may: (1) Have an annual 
effect on the economy of $100 million or more or adversely affect in a 
material way the economy, a sector of the economy, productivity, 
competition, jobs, the environment, public health or safety, or State, 
local, or tribal government or communities. (2) Create a serious 
inconsistency or otherwise interfere with an action taken or planned by 
another Agency. (3) Materially alter the budgetary impact of 
entitlements, grants, user fees, or loan programs or the rights and 
obligations of recipients thereof. (4) Raise novel legal or policy 
issues arising out of legal mandates, the President's priorities, or 
the principles set forth in the E.O.
    MARAD has determined that this final rule is not a significant 
regulatory action under section 3(f) of Executive Order 12866 and, 
therefore, it was not reviewed by the Office of Management and Budget. 
This rulemaking will not result in an annual effect on the economy of 
$100 million or more. It is also not considered a major rule for 
purposes of Congressional review under Public Law 104-121. This 
rulemaking is also not significant under the Regulatory Policies and 
Procedures of the Department of Transportation (44 FR 11034, February 
26, 1979). The costs and overall economic impact of this rulemaking do 
not require further analysis.

Executive Order 13771 (Reducing Regulation and Controlling Regulatory 
Costs)

    This rule is not an E.O. 13771 regulatory action because this rule 
is not significant under E.O. 12866.

Executive Order 13132 (Federalism)

    We analyzed this rulemaking in accordance with the principles and 
criteria contained in Executive Order 13132 (``Federalism'') and have 
determined that it does not have sufficient Federalism implications to 
warrant the preparation of a Federalism summary impact statement. This

[[Page 56900]]

rulemaking has no substantial effect on the States, on the current 
Federal-State relationship, or on the current distribution of power and 
responsibilities among the various local officials. Nothing in this 
document preempts any State law or regulation. Therefore, MARAD did not 
consult with State and local officials because it was not necessary.

Executive Order 13175 (Consultation and Coordination With Indian Tribal 
Governments)

    MARAD does not believe that this rulemaking will significantly or 
uniquely affect the communities of Indian tribal governments when 
analyzed under the principles and criteria contained in Executive Order 
13175 (Consultation and Coordination with Indian Tribal Governments). 
Therefore, the funding and consultation requirements of this Executive 
Order do not apply.

Executive Order 12372 (Intergovernmental Review)

    The regulations implementing Executive Order 12372 regarding 
intergovernmental consultation on Federal programs and activities do 
not apply to this rulemaking.

Regulatory Flexibility Act

    The Regulatory Flexibility Act of 1980 requires MARAD to assess 
whether this rulemaking would have a significant economic impact on a 
substantial number of small entities and to minimize any adverse 
impact. MARAD certifies that this rulemaking will not have a 
significant economic impact on a substantial number of small entities.

Environmental Assessment

    We have analyzed this rulemaking for purposes of compliance with 
the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) 
and have concluded that under the categorical exclusions provision in 
section 4.05 of Maritime Administrative Order (MAO) 600-1, ``Procedures 
for Considering Environmental Impacts,'' 50 FR 11606 (March 22, 1985), 
neither the preparation of an Environmental Assessment, an 
Environmental Impact Statement, nor a Finding of No Significant Impact 
for this rulemaking is required. This rulemaking has no environmental 
impact.

Executive Order 13211 (Energy Supply, Distribution, or Use)

    MARAD has determined that this rulemaking will not significantly 
affect energy supply, distribution, or use. Therefore, no Statement of 
Energy Effects is required.

Executive Order 13045 (Protection of Children)

    Executive Order 13045, Protection of Children from Environmental 
Health Risks and Safety Risks, requires agencies issuing ``economically 
significant'' rules that involve an environmental health or safety risk 
that may disproportionately affect children, to include an evaluation 
of the regulation's environmental health and safety effects on 
children. As discussed previously, this rulemaking is not economically 
significant, and will cause no environmental or health risk that 
disproportionately affects children.

Executive Order 12988 (Civil Justice Reform)

    This action meets applicable standards in sections 3(a) and 3(b)(2) 
of E.O. 12988, Civil Justice Reform, to minimize litigation, eliminate 
ambiguity, and reduce burden.

Executive Order 12630 (Taking of Private Property)

    This rulemaking will not effect a taking of private property or 
otherwise have taking implications under Executive Order 12630, 
Governmental Actions and Interference with Constitutionally Protected 
Property Rights.

International Trade Impact Assessment

    This rulemaking is not expected to contain standards-related 
activities that create unnecessary obstacles to the foreign commerce of 
the United States.

Privacy Impact Assessment

    Section 522(a)(5) of the Transportation, Treasury, Independent 
Agencies, and General Government Appropriations Act, 2005 (Pub. L. 108-
447, div. H, 118 Stat. 2809 at 3268) requires the Department of 
Transportation and certain other Federal agencies to conduct a privacy 
impact assessment of each proposed rule that will affect the privacy of 
individuals. Claims submitted under this rule will be treated the same 
as all legal claims received by MARAD. The processing and treatment of 
any claim within the scope of this rulemaking by MARAD shall comply 
with all legal, regulatory and policy requirements regarding privacy.

Unfunded Mandates Reform Act of 1995

    The Unfunded Mandates Reform Act of 1995 requires agencies to 
evaluate whether an Agency action would result in the expenditure by 
State, local, and tribal governments, in the aggregate, or by the 
private sector, of $141.3 million or more (as adjusted for inflation) 
in any 1 year, and if so, to take steps to minimize these unfunded 
mandates. This rulemaking will not impose unfunded mandates under the 
Unfunded Mandates Reform Act of 1995. It will not result in costs of 
$141.3 million or more to either State, local, or tribal governments, 
in the aggregate, or to the private sector, and is the least burdensome 
alternative that achieves the objectives of the rule.

Regulation Identifier Number (RIN)

    A regulation identifier number (RIN) is assigned to each regulatory 
action listed in the Unified Agenda of Federal Regulations. The 
Regulatory Information Service Center publishes the Unified Agenda in 
April and October of each year. The RIN contained in the heading of 
this document can be used to cross-reference this action with the 
Unified Agenda.

Paperwork Reduction Act

    Under the Paperwork Reduction Act of 1995 (PRA) (44 U.S.C. 3501 et 
seq.), Federal agencies must obtain approval from OMB for each 
collection of information they conduct, sponsor, or require through 
regulations. This rulemaking updates the regulations with two new 
exceptions to the restrictions on the eligibility of vessels over 165 
feet in registered length to be documented with fishery endorsements, 
removes certain exemptions relating to specific vessels, and adds 
restrictions on large vessels by limiting those vessels from 
participating in the non-AFA trawl catcher processor subsector. This 
rulemaking contains no new or amended information collection or 
recordkeeping requirements that have been approved or require approval 
by the Office of Management and Budget.

Comments on the Proposed Rule

    In response to the agency's Federal Register document seeking 
public comment on its proposed revisions to 46 CFR part 356 published 
on June 10, 2014 (79 FR 33160), a total of three separate comment 
submissions were made by or on behalf of the following entities: 
Groundfish Forum, O'Hara Corporation, and the At-Sea Processors 
Association. The agency responds below to all comments.
    Two commenters suggested that 46 CFR 356.47(b) be revised to 
clarify that the restrictions imposed by Section 307 apply to all the 
vessels listed in paragraphs (1) through (20) of section 208(e) of the 
American Fisheries Act (non-Amendment 80 AFA catcher-

[[Page 56901]]

processor vessels) regardless of which large vessel exemption the 
vessel falls under in 46 U.S.C. 12113(d)(2) in order to preserve the 
statutory distinction between the AFA and Amendment 80 sectors. To 
accomplish this, one of the commenters recommended adopting the 
technical advice provided by the National Oceanic and Atmospheric 
Administration (NOAA) to Congress during its consideration of Section 
307. We acknowledge that Section 307 of the CGMTA is intended to codify 
and maintain the separation of the AFA sector from the non-AFA trawler 
sector as evidenced by statements of Senators Cantwell, Murkowski, and 
Begich in the Congressional Record and the text of the statute. 158 
Cong. Rec. S7972 (Dec. 12, 2012). We note, however, that NOAA's 
technical advice that would have edited Section 307 to accomplish this 
separation was not ultimately adopted by Congress because the non-AFA 
trawler sector restrictions on AFA sector vessels were only inserted in 
the regional fishery management council provision and the replacement 
vessel exemptions to the large vessel prohibition of 46 U.S.C. 12113(d) 
(sections 12113(d)(2)(B) and (C), respectively). In light of the fact 
that the statutory amendments of Section 307 are sufficiently complete 
as to be self-executing, MARAD finds that the best way to implement the 
restrictions on AFA sector vessels consistent with the statutory 
language of Section 307 and Congressional intent is to insert the 
restrictions in our regulations as they appear in the statute. 
Nevertheless, to assure that the sector separation of section 307 is 
clear, MARAD is revising its Large Vessel Certificate (see below) to 
require all AFA sector vessels subject to the large vessel restrictions 
of 46 U.S.C. 12113(d) to certify that they are neither eligible nor 
participating in the non-AFA trawler sector. In order to be eligible 
for a fishery endorsement, all large fishing industry vessels subject 
to 46 U.S.C. 12113(d) must submit a Large Vessel Certificate under 
MARAD regulation 46 CFR 356.47.
    Another commenter noted that the revisions to 46 CFR 356.47(b) 
omitted subsection (2) providing that a large vessel is still eligible 
for a fishery endorsement if it is not placed under foreign registry 
after October 1998. This omission was inadvertent. Neither the CGMTA 
nor the CGAA repealed this provision. The final rule will contain 
subsection (2).

    Authority: 46 U.S.C. 12113(d).

List of Subjects in 46 CFR Part 356

    Citizenship and naturalization, Fishing vessels, Mortgages, 
Penalties, Reporting and recordkeeping requirements, Vessels.

    For the reasons set out in the preamble, the Maritime 
Administration amends 46 CFR part 356 as follows:

PART 356--REQUIREMENTS FOR VESSELS OF 100 FEET OR GREATER IN 
REGISTERED LENGTH TO OBTAIN A FISHERY ENDORSEMENT TO THE VESSEL'S 
DOCUMENTATION

0
1. The authority citation for part 356 continues to read as follows:

    Authority:  46 U.S.C. 12102; 46 U.S.C. 12151; 46 U.S.C. 31322; 
Pub. L. 105-277, division C, title II, subtitle I, section 203 (46 
U.S.C. 12102 note), section 210(e), and section 213(g), 112 Stat. 
2681; Pub. L. 107-20, section 2202, 115 Stat. 168-170; Pub. L. 114-
74; 49 CFR 1.93.


0
2. Amend Sec.  356.47 by revising paragraphs (a) through (c) to read as 
follows:


Sec.  356.47   Special requirements for large vessels.

    (a) Unless exempted in paragraph (b), (c) or (d) of this section, a 
vessel is not eligible for a fishery endorsement under 46 U.S.C. 12113 
if:
    (1) It is greater than 165 feet in registered length;
    (2) It is more than 750 gross registered tons (as measured pursuant 
to 46 U.S.C. Chapter 145) or 1900 gross registered tons (as measured 
pursuant to 46 U.S.C. Chapter 143); or
    (3) It possesses a main propulsion engine or engines rated to 
produce a total of more than 3,000 shaft horsepower; such limitation 
shall not include auxiliary engines for hydraulic power, electrical 
generation, bow or stern thrusters, or similar purposes.
    (b) A vessel that meets one or more of the conditions in paragraph 
(a) of this section may still be eligible for a fishery endorsement if:
    (1)(i) A certificate of documentation was issued for the vessel and 
endorsed with a fishery endorsement that was effective on September 25, 
1997; and
    (ii) The vessel is not placed under foreign registry after October 
1998;
    (2) The vessel--
    (i) Is either a rebuilt vessel or replacement vessel under section 
208(g) of the American Fisheries Act (title II of division C of Pub. L. 
105-277; 112 Stat. 2681-627);
    (ii) Is eligible for a fishery endorsement under this section; and
    (iii) In the case of a vessel listed in paragraphs (1) through (20) 
of section 208(e) of the American Fisheries Act (title II of division C 
of Pub. L. 105-277; 112 Stat. 2681-625 et seq.) is neither 
participating in nor eligible to participate in the non-AFA trawl 
catcher processor subsector (as that term is defined under section 
219(a)(7) of the Department of Commerce and Related Agencies 
Appropriations Act, 2005 (Pub. L. 108-447; 118 Stat. 2887)); or
    (3) The vessel is a fish tender vessel that is not engaged in 
harvesting or processing of fish.
    (c) A vessel that is prohibited from receiving a fishery 
endorsement under paragraph (a) of this section will be eligible if the 
owner of such vessel demonstrates to MARAD that:
    (1) The regional fishery management council of jurisdiction 
established under section 302(a)(1) of the Magnuson-Stevens Fishery 
Conservation and Management Act (16 U.S.C. 1852(a)(1)) has recommended 
after October 21, 1998, and the Secretary of Commerce has approved, 
conservation and management measures in accordance with the American 
Fisheries Act (Pub. L. 105-277, div. C, title II) (16 U.S.C. 1851 note) 
to allow the vessel to be used in fisheries under the council's 
authority; and
    (2) In the case of a vessel listed in paragraphs (1) through (20) 
of section 208(e) of the American Fisheries Act (title II of division C 
of Pub. L. 105-277; 112 Stat. 2681-625 et seq.), the vessel is neither 
participating in nor eligible to participate in the non-AFA trawl 
catcher processor subsector (as that term is defined under section 
219(a)(7) of the Department of Commerce and Related Agencies 
Appropriations Act, 2005 (Pub. L. 108-447; 118 Stat. 2887)).
* * * * *


Sec.  356.51   [Amended]

0
3. Amend Sec.  356.51 by removing paragraphs (a) through (d) and 
redesignating paragraphs (e) through (f) as new paragraphs (a) and (b), 
respectively.

    Dated: November 28, 2017.

    By Order of the Maritime Administrator.
T. Mitchell Hudson, Jr.,
Secretary, Maritime Administration.
[FR Doc. 2017-25896 Filed 11-30-17; 8:45 am]
 BILLING CODE 4910-81-P

56900 Federal Register / Vol. 82, No. 230 / Friday, December 1, 2017 / Rules and Regulations

rulemaking has no substantial effect on Therefore, no Statement of Energy tribal governments, in the aggregate, or
the States, on the current Federal-State Effects is required. by the private sector, of $141.3 million
relationship, or on the current or more (as adjusted for inflation) in any
Executive Order 13045 (Protection of
distribution of power and 1 year, and if so, to take steps to
Children)
responsibilities among the various local minimize these unfunded mandates.
officials. Nothing in this document Executive Order 13045, Protection of This rulemaking will not impose
preempts any State law or regulation. Children from Environmental Health unfunded mandates under the
Therefore, MARAD did not consult with Risks and Safety Risks, requires Unfunded Mandates Reform Act of
State and local officials because it was agencies issuing ‘‘economically 1995. It will not result in costs of $141.3
not necessary. significant’’ rules that involve an million or more to either State, local, or
environmental health or safety risk that tribal governments, in the aggregate, or
Executive Order 13175 (Consultation may disproportionately affect children, to the private sector, and is the least
and Coordination With Indian Tribal to include an evaluation of the burdensome alternative that achieves
Governments) regulation’s environmental health and the objectives of the rule.
MARAD does not believe that this safety effects on children. As discussed
Regulation Identifier Number (RIN)
rulemaking will significantly or previously, this rulemaking is not
uniquely affect the communities of economically significant, and will cause A regulation identifier number (RIN)
Indian tribal governments when no environmental or health risk that is assigned to each regulatory action
analyzed under the principles and disproportionately affects children. listed in the Unified Agenda of Federal
criteria contained in Executive Order Regulations. The Regulatory Information
Executive Order 12988 (Civil Justice Service Center publishes the Unified
13175 (Consultation and Coordination Reform)
with Indian Tribal Governments). Agenda in April and October of each
Therefore, the funding and consultation This action meets applicable year. The RIN contained in the heading
requirements of this Executive Order do standards in sections 3(a) and 3(b)(2) of of this document can be used to cross-
not apply. E.O. 12988, Civil Justice Reform, to reference this action with the Unified
minimize litigation, eliminate Agenda.
Executive Order 12372 ambiguity, and reduce burden.
(Intergovernmental Review) Paperwork Reduction Act
Executive Order 12630 (Taking of Under the Paperwork Reduction Act
The regulations implementing Private Property) of 1995 (PRA) (44 U.S.C. 3501 et seq.),
Executive Order 12372 regarding Federal agencies must obtain approval
This rulemaking will not effect a
intergovernmental consultation on from OMB for each collection of
taking of private property or otherwise
Federal programs and activities do not information they conduct, sponsor, or
have taking implications under
apply to this rulemaking. require through regulations. This
Executive Order 12630, Governmental
Regulatory Flexibility Act Actions and Interference with rulemaking updates the regulations with
Constitutionally Protected Property two new exceptions to the restrictions
The Regulatory Flexibility Act of 1980 on the eligibility of vessels over 165 feet
Rights.
requires MARAD to assess whether this in registered length to be documented
rulemaking would have a significant International Trade Impact Assessment with fishery endorsements, removes
economic impact on a substantial This rulemaking is not expected to certain exemptions relating to specific
number of small entities and to contain standards-related activities that vessels, and adds restrictions on large
minimize any adverse impact. MARAD create unnecessary obstacles to the vessels by limiting those vessels from
certifies that this rulemaking will not foreign commerce of the United States. participating in the non-AFA trawl
have a significant economic impact on catcher processor subsector. This
a substantial number of small entities. Privacy Impact Assessment
rulemaking contains no new or
Environmental Assessment Section 522(a)(5) of the amended information collection or
Transportation, Treasury, Independent recordkeeping requirements that have
We have analyzed this rulemaking for Agencies, and General Government been approved or require approval by
purposes of compliance with the Appropriations Act, 2005 (Pub. L. 108– the Office of Management and Budget.
National Environmental Policy Act of 447, div. H, 118 Stat. 2809 at 3268)
1969 (42 U.S.C. 4321 et seq.) and have requires the Department of Comments on the Proposed Rule
concluded that under the categorical Transportation and certain other Federal In response to the agency’s Federal
exclusions provision in section 4.05 of agencies to conduct a privacy impact Register document seeking public
Maritime Administrative Order (MAO) assessment of each proposed rule that comment on its proposed revisions to 46
600–1, ‘‘Procedures for Considering will affect the privacy of individuals. CFR part 356 published on June 10,
Environmental Impacts,’’ 50 FR 11606 Claims submitted under this rule will be 2014 (79 FR 33160), a total of three
(March 22, 1985), neither the treated the same as all legal claims separate comment submissions were
preparation of an Environmental received by MARAD. The processing made by or on behalf of the following
Assessment, an Environmental Impact and treatment of any claim within the entities: Groundfish Forum, O’Hara
Statement, nor a Finding of No scope of this rulemaking by MARAD Corporation, and the At-Sea Processors
Significant Impact for this rulemaking is shall comply with all legal, regulatory Association. The agency responds below
required. This rulemaking has no and policy requirements regarding to all comments.
jstallworth on DSKBBY8HB2PROD with RULES

environmental impact. privacy. Two commenters suggested that 46
CFR 356.47(b) be revised to clarify that
Executive Order 13211 (Energy Supply, Unfunded Mandates Reform Act of 1995 the restrictions imposed by Section 307
Distribution, or Use)
The Unfunded Mandates Reform Act apply to all the vessels listed in
MARAD has determined that this of 1995 requires agencies to evaluate paragraphs (1) through (20) of section
rulemaking will not significantly affect whether an Agency action would result 208(e) of the American Fisheries Act
energy supply, distribution, or use. in the expenditure by State, local, and (non-Amendment 80 AFA catcher-

VerDate Sep<11>2014 14:57 Nov 30, 2017 Jkt 244001 PO 00000 Frm 00042 Fmt 4700 Sfmt 4700 E:\FR\FM\01DER1.SGM 01DER1

Federal Register / Vol. 82, No. 230 / Friday, December 1, 2017 / Rules and Regulations 56901

processor vessels) regardless of which List of Subjects in 46 CFR Part 356 (title II of division C of Pub. L. 105–277;
large vessel exemption the vessel falls Citizenship and naturalization, 112 Stat. 2681–625 et seq.) is neither
under in 46 U.S.C. 12113(d)(2) in order Fishing vessels, Mortgages, Penalties, participating in nor eligible to
to preserve the statutory distinction Reporting and recordkeeping participate in the non-AFA trawl
between the AFA and Amendment 80 requirements, Vessels. catcher processor subsector (as that term
sectors. To accomplish this, one of the For the reasons set out in the is defined under section 219(a)(7) of the
commenters recommended adopting the preamble, the Maritime Administration Department of Commerce and Related
technical advice provided by the amends 46 CFR part 356 as follows: Agencies Appropriations Act, 2005
National Oceanic and Atmospheric (Pub. L. 108–447; 118 Stat. 2887)); or
Administration (NOAA) to Congress PART 356—REQUIREMENTS FOR (3) The vessel is a fish tender vessel
during its consideration of Section 307. VESSELS OF 100 FEET OR GREATER that is not engaged in harvesting or
We acknowledge that Section 307 of the IN REGISTERED LENGTH TO OBTAIN processing of fish.
CGMTA is intended to codify and A FISHERY ENDORSEMENT TO THE
VESSEL’S DOCUMENTATION (c) A vessel that is prohibited from
maintain the separation of the AFA
receiving a fishery endorsement under
sector from the non-AFA trawler sector
■ 1. The authority citation for part 356 paragraph (a) of this section will be
as evidenced by statements of Senators continues to read as follows: eligible if the owner of such vessel
Cantwell, Murkowski, and Begich in the
Authority: 46 U.S.C. 12102; 46 U.S.C. demonstrates to MARAD that:
Congressional Record and the text of the
12151; 46 U.S.C. 31322; Pub. L. 105–277, (1) The regional fishery management
statute. 158 Cong. Rec. S7972 (Dec. 12, division C, title II, subtitle I, section 203 (46
2012). We note, however, that NOAA’s council of jurisdiction established under
U.S.C. 12102 note), section 210(e), and
technical advice that would have edited section 213(g), 112 Stat. 2681; Pub. L. 107– section 302(a)(1) of the Magnuson-
Section 307 to accomplish this 20, section 2202, 115 Stat. 168–170; Pub. L. Stevens Fishery Conservation and
separation was not ultimately adopted 114–74; 49 CFR 1.93. Management Act (16 U.S.C. 1852(a)(1))
by Congress because the non-AFA ■ 2. Amend § 356.47 by revising has recommended after October 21,
trawler sector restrictions on AFA sector paragraphs (a) through (c) to read as 1998, and the Secretary of Commerce
vessels were only inserted in the follows: has approved, conservation and
regional fishery management council management measures in accordance
§ 356.47 Special requirements for large with the American Fisheries Act (Pub.
provision and the replacement vessel
vessels. L. 105–277, div. C, title II) (16 U.S.C.
exemptions to the large vessel
(a) Unless exempted in paragraph (b), 1851 note) to allow the vessel to be used
prohibition of 46 U.S.C. 12113(d)
(c) or (d) of this section, a vessel is not in fisheries under the council’s
(sections 12113(d)(2)(B) and (C),
eligible for a fishery endorsement under authority; and
respectively). In light of the fact that the 46 U.S.C. 12113 if:
statutory amendments of Section 307 (1) It is greater than 165 feet in (2) In the case of a vessel listed in
are sufficiently complete as to be self- registered length; paragraphs (1) through (20) of section
executing, MARAD finds that the best (2) It is more than 750 gross registered 208(e) of the American Fisheries Act
way to implement the restrictions on tons (as measured pursuant to 46 U.S.C. (title II of division C of Pub. L. 105–277;
AFA sector vessels consistent with the Chapter 145) or 1900 gross registered 112 Stat. 2681–625 et seq.), the vessel is
statutory language of Section 307 and tons (as measured pursuant to 46 U.S.C. neither participating in nor eligible to
Congressional intent is to insert the Chapter 143); or participate in the non-AFA trawl
restrictions in our regulations as they (3) It possesses a main propulsion catcher processor subsector (as that term
appear in the statute. Nevertheless, to engine or engines rated to produce a is defined under section 219(a)(7) of the
assure that the sector separation of total of more than 3,000 shaft Department of Commerce and Related
section 307 is clear, MARAD is revising horsepower; such limitation shall not Agencies Appropriations Act, 2005
its Large Vessel Certificate (see below) include auxiliary engines for hydraulic (Pub. L. 108–447; 118 Stat. 2887)).
to require all AFA sector vessels subject power, electrical generation, bow or
* * * * *
to the large vessel restrictions of 46 stern thrusters, or similar purposes.
U.S.C. 12113(d) to certify that they are (b) A vessel that meets one or more of § 356.51 [Amended]
neither eligible nor participating in the the conditions in paragraph (a) of this
section may still be eligible for a fishery ■ 3. Amend § 356.51 by removing
non-AFA trawler sector. In order to be
endorsement if: paragraphs (a) through (d) and
eligible for a fishery endorsement, all
(1)(i) A certificate of documentation redesignating paragraphs (e) through (f)
large fishing industry vessels subject to was issued for the vessel and endorsed as new paragraphs (a) and (b),
46 U.S.C. 12113(d) must submit a Large with a fishery endorsement that was respectively.
Vessel Certificate under MARAD effective on September 25, 1997; and
regulation 46 CFR 356.47. (ii) The vessel is not placed under Dated: November 28, 2017.
Another commenter noted that the foreign registry after October 1998; By Order of the Maritime Administrator.
revisions to 46 CFR 356.47(b) omitted (2) The vessel— T. Mitchell Hudson, Jr.,
subsection (2) providing that a large (i) Is either a rebuilt vessel or Secretary, Maritime Administration.
vessel is still eligible for a fishery replacement vessel under section 208(g) [FR Doc. 2017–25896 Filed 11–30–17; 8:45 am]
endorsement if it is not placed under of the American Fisheries Act (title II of
jstallworth on DSKBBY8HB2PROD with RULES

BILLING CODE 4910–81–P
foreign registry after October 1998. This division C of Pub. L. 105–277; 112 Stat.
omission was inadvertent. Neither the 2681–627);
(ii) Is eligible for a fishery
CGMTA nor the CGAA repealed this
endorsement under this section; and
provision. The final rule will contain (iii) In the case of a vessel listed in
subsection (2). paragraphs (1) through (20) of section
Authority: 46 U.S.C. 12113(d). 208(e) of the American Fisheries Act

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Document Created: 2018-10-25 10:46:20
Document Modified: 2018-10-25 10:46:20

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Rules and Regulations
Action		Final rule.
Dates		This final rule becomes effective on January 2, 2018.
Contact		Michael C. Pucci, Attorney Advisor, Division of Maritime Programs, Maritime Administration, at (202) 366- 5320. You may send mail to Michael C. Pucci at Maritime Administration, 1200 New Jersey Avenue SE., MAR 222, W24-214, Washington, DC 20590- 0001. You may send electronic mail to [email protected]
FR Citation		82 FR 56899
RIN Number		2133-AB86
CFR Associated		Citizenship and Naturalization; Fishing Vessels; Mortgages; Penalties; Reporting and Recordkeeping Requirements and Vessels

82 FR 56899 - Requirements To Document U.S.-Flag Fishing Industry Vessels of 100 Feet or Greater in Registered Length

DEPARTMENT OF TRANSPORTATIONMaritime Administration

Federal Register Volume 82, Issue 230 (December 1, 2017)

DEPARTMENT OF TRANSPORTATION
Maritime Administration