82 FR 57419 - Requirements of the Vessel Monitoring System Type-Approval
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration Federal Register Volume 82, Issue 232 (December 5, 2017)
National Oceanic and Atmospheric Administration
Federal Register Volume 82, Issue 232 (December 5, 2017)
| Page Range | 57419-57422 | |
| FR Document | 2017-26197 |
[Federal Register Volume 82, Number 232 (Tuesday, December 5, 2017)] [Proposed Rules] [Pages 57419-57422] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-26197] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 600 [Docket No. 160908833-7999-01] RIN 0648-BG34 Requirements of the Vessel Monitoring System Type-Approval AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Proposed rule; request for comments. ----------------------------------------------------------------------- [[Page 57420]] SUMMARY: All owners of vessels participating in a NOAA Vessel Monitoring System (VMS) program are required to acquire a NMFS-approved Enhanced Mobile Transmitting Unit (EMTU) or Mobile Transmitting Unit (MTU) to comply with the Vessel Monitoring System requirements. This proposed action would amend the existing VMS Type-Approval regulations by removing the requirement for VMS vendors to periodically renew their EMTU/MTU type-approvals. This renewal process has proved to be unnecessary, has cost fishermen and approved VMS vendors additional time and expense, and has imposed unnecessary costs on the government. Removing the type-approval renewal requirement will spare fishermen, VMS vendors and the government the time and expense associated with the renewal process. DATES: Comments must be received January 4, 2018. ADDRESSES: You may submit comments on this proposed rule identified by ``NOAA-HQ-2017-0141'' by any of the following methods:Electronic Submission: Submit all electronic public comments via the Federal e-Rulemaking Portal. Go to http://www.regulations.gov/#!docketDetail;D=NOAA-HQ-2017-0141, click the ``Comment Now!'' icon, complete the required fields, and enter or attach your comments. Mail: Send written comments to Kelly Spalding, 1315 East West Highway, Room 3207, Silver Spring, MD 20910. Instructions: Comments sent by any other method, to any other address or individual, or received after the end of the comment period, may not be considered by NMFS. All comments received are a part of the public record and will generally be posted for public viewing on www.regulations.gov without change. All personal identifying information (e.g. name, address, etc.), confidential business information, or otherwise sensitive information submitted voluntarily by the sender will be publicly accessible. NMFS will accept anonymous comments (enter ``N/A'' in the required fields if you wish to remain anonymous). FOR FURTHER INFORMATION CONTACT: Kelly Spalding, Vessel Monitoring System Program Manager, Headquarters: 301-427-8269 or [email protected]. SUPPLEMENTARY INFORMATION: Background In December 2014, NMFS published a final rule to codify national VMS type-approval standards for the approval by NMFS of an EMTU/MTU, any associated software, and mobile communications service (MCS; collectively referred to as a VMS) before they are authorized for use in the NMFS VMS program. See 79 FR 77399 (December 24, 2014). Those standards are set out in 50 CFR part 600, subpart Q, Vessel Monitoring System Type-Approval. Fishers must comply with applicable Federal fishery VMS regulations, and in doing so, may select from a variety of EMTU/MTU vendors that have been approved by NMFS to participate in the VMS program for specific fisheries. The NOAA Office of Law Enforcement (OLE) maintains the list of type-approved VMS units at http://www.nmfs.noaa.gov/ole/about/our_programs/vessel_monitoring.html. The EMTU/MTU allows OLE to determine the geographic position of the vessel at specified intervals or during specific events, via mobile communications services between NMFS OLE and the vessel using a NMFS- approved MCS provider. These communications are secure and the information is only made available to authorized personnel. This proposed action would remove the two sections of 50 CFR part 600, subpart Q, that require VMS type-approval holders (VMS vendors) to periodically renew their type-approvals. Currently, Sec. 600.1512 of the VMS type approval regulations provides that type-approvals are valid for three years from the date on which NMFS publishes a notice in the Federal Register of the approval. Prior to the expiration of the three-year type-approval period, the VMS vendor must apply for a type- approval renewal pursuant to Sec. 600.1513. In the nearly three years since the type-approval regulations were issued, NMFS has found that the renewal process is unnecessary, has cost fishermen and approved VMS vendors additional time and expense, and has imposed unnecessary cost on the government. Removing the type-approval renewal requirement will spare fishermen, VMS vendors and the government the time and expense associated with the renewal process without impairing the effectiveness of the VMS program. Section 600.1513 of Subpart Q sets out the type-approval renewal process. A VMS vendor seeking renewal of a VMS type-approval must submit a written renewal request and supporting materials to NOAA OLE at least 30 days, but not more than six months, prior to the end of the three-year type approval period. To do so, the type-approval holder must submit a written request letter containing the following information and documentation. The type-approval holder must certify that the features, components, configuration and services of their type-approved EMTU/MTU and/or MCS remain in compliance with the standards set out in 50 CFR 600.1502 through 600.1509 (or for an MTU, requirements applicable when the MTU was originally type-approved) and with applicable VMS regulations and requirements in effect for the region(s) and Federal fisheries for which they are type-approved. The type-approval holder must also certify that, since the holder's type-approval or last renewal (whichever was later), there have been no modifications to or replacements of any functional component or piece of their type- approved configuration. The renewal request letter must also include a table that lists in one column each requirement set out in Sec. Sec. 600.1502-600.1509. The subsequent columns must show for each requirement: (1) Whether the requirement applies to their type-approval; (2) Whether the requirement is still being met; (3) Whether any modifications or replacements were made to the type-approved configuration or process since type-approval or the last renewal; (4) An explanation of any modifications or replacements that were made since type-approval or the last renewal; and (5) The date that any modifications or replacements were made. If the type-approval renewal is for an MCS or EMTU/MTU and MCS combined, the renewal request letter must also include vessel position report statistics regarding the processing and transmission of position reports from the onboard EMTUs and MTUs to the MCS or MCSP's VMS data processing center. At a minimum, the statistics must include successful position report transmission and delivery rates, the rate of position report latencies, and the minimum/maximum/average lengths of time for those latencies. The showing must be demonstrated in graph form, be divided out by each NMFS region and any relevant international agreement area and relevant high seas area, and cover 6 full and consecutive months of data for all of the type-approval holder's U.S. federal fishery customers. Currently, NMFS reviews all documentation, analyses and data, and addresses any omissions, inconsistencies and failures. Within 30 days of receipt of a complete renewal request letter, NMFS notifies the type-approval holder of the approval or partial approval of the renewal request [[Page 57421]] or send a letter to the type-approval holder that explains the reasons for denial or partial denial of the request. These type-approval renewal provisions were designed to provide for an in-depth look at the type-approval holder's overall record of compliance with type-approval requirements. However, NMFS' experience with the renewal process has shown that it is cumbersome for both type- approval holders and NMFS OLE. In some cases, type-approval holders have opted to apply for type-approval of newer VMS units rather than seek renewal of their older VMS units. When a type-approval lapses due to non-renewal, fishermen are required to replace their VMS units that are no longer type approved, despite the fact that the unit may still be functional and compliant with all current VMS standards. Doing so imposes unnecessary cost on fishermen who must purchase a new VMS unit and may lead to lost fishing opportunities while the VMS unit is being replaced. In addition to being costly and burdensome for type-approval holders, fishermen and NMFS, the renewal process is not necessary because Sec. 600.1514 sets out an EMTU type-approval revocation process. In the event that a type-approved EMTU model fails to meet the VMS EMTU specifications, NMFS can remove it from the VMS program through this revocation process. The revocation process provides OLE with a timely way to remove an underperforming EMTU/MTU, if necessary. The VMS Program works with the fishermen and VMS industry on a daily basis and is continuously monitoring issues, concerns and anomalies that arise with any EMTU's performance. When an EMTU has performance issues, or anomalies that cannot be resolved informally, NMFS can initiate the type-approval revocation process as provided in Sec. 600.1514. The type-approval period and renewal process at Sec. 600.1512 and Sec. 600.1513 are therefore unnecessary in addition to being burdensome and costly. With the proposed removal of the three- year period for type-approval and the renewal requirement, type- approval would remain valid indefinitely unless NMFS initiates the revocation process pursuant to Sec. 600.1514, or the type-approval holder chooses or agrees to forfeit their type-approval. Classification The NMFS Assistant Administrator has determined that this proposed rule is consistent with the provisions of the Magnuson-Stevens Act, and other applicable law, subject to further consideration after public comment. This proposed rule has been determined to be not significant for purposes of Executive Order 12866. This proposed rule is expected to be an Executive Order 13771 deregulatory action. Details on the estimated cost savings of this proposed rule can be found in the accompanying Regulatory Impact Review available from October 2016. The Chief Counsel for Regulation of the Department of Commerce certified to the Chief Counsel for Advocacy of the Small Business Administration (SBA) that this proposed rule, if adopted, would not have a significant economic impact on a substantial number of small entities. The basis for that determination was summarized in the letter to SBA as follows: The proposed rule would remove the two sections of Subpart Q that require VMS type-approval holders to periodically renew their type- approvals. Section 600.1512 of the VMS type-approval regulations provides that type-approvals are valid for three years, after which time, the VMS vendor must apply for a type-approval renewal pursuant to section 600.1513. The objective of the proposed action is to eliminate the unnecessary time and cost to the fishermen, VMS vendors, and the government associated with VMS type-approval renewal process. The type- approval renewal provisions were designed to provide for an in-depth look at the type-approval holder's overall record of compliance with type-approval requirements. However, NMFS' experience with the renewal process has shown that it is cumbersome for both type-approval holders and NMFS OLE. The type-approval holder must certify that the features, components, configuration and services of their type-approved EMTU and/ or MCS remain in compliance with the standards set out in 50 CFR 600.1502 through 600.1509 and with applicable VMS regulations and requirements in effect for the region(s) and Federal fisheries for which they are type-approved. The type-approval holder must also certify that, since the holder's type-approval or last renewal (whichever was later), there have been no modifications to or replacements of any functional component or piece of their type- approved configuration. The renewal request letter must also include a table that lists each requirement set out in Sec. Sec. 600.1502- 600.1509 and whether those requirements are still being met. Within 30 days of receipt of a complete renewal request letter, NMFS must review the renewal request and notify the type-approval holder of the approval or partial approval of the renewal request or send a letter to the type-approval holder that explains the reasons for denial or partial denial of the request. The process is not only cumbersome, but also unnecessary because NMFS OLE works with fishermen and the VMS industry on a daily basis and is continuously monitoring issues and anomalies that may arise with the performance and reliability of type-approved VMS units. In the event that NMFS cannot correct the issues through informal discussion with the type-approval holder, section 600.1514 of Subpart Q sets out a VMS type-approval revocation process, which NMFS can initiate to remove a VMS unit from the VMS type-approved list. The renewal process can also indirectly impose costs on fishers. In some cases, type-approval holders have opted to apply for type-approval of newer VMS units rather than seek renewal of their older VMS units. When a type-approval lapses due to non-renewal, fishermen are required to replace their VMS units that are no longer type approved, despite the fact that the unit may still be functional and compliant with all current VMS standards. Doing so imposes unnecessary cost on fishermen who must purchase a new VMS unit and may lead to lost fishing opportunities while the VMS unit is being replaced. The economic effects of this proposed rule would not result in any significant adverse economic impacts on the six existing VMS vendors, and would actually reduce the business costs currently associated with the type-approval renewal process every three years. NMFS estimates that this renewal process involves up to 16 hours of engineering labor and 8 hours of product management labor to compile the compliance report for renewal along with any supporting materials. Based on the Bureau of Labor Statistics May 2016 National Occupational Employment and Wage Estimates, the mean hourly wage for engineers is approximately $46 per hour and for general and operations managers it is approximately $59 per hour. Based on those labor rate estimates, NMFS estimates eliminating the renewal process will result in reduced costs of up to $1,208 per type-approval that would have occurred every three years under the current regulations. Overall, there would not be a significant economic impact to VMS type-approval holders as a result of this rule. The removal of the type-approval renewal requirement would reduce [[Page 57422]] costs to type-approval holders, fishermen and NMFS associated with the renewal process. The change in the regulations are not expected to place small entities at a significant competitive disadvantage to large entities and removing the type-approval renewal process may in fact help smaller vendors more given their more limited resources for dealing with the administrative and technical costs associated with the current type-approval renewal process. Thus, NMFS certifies that this proposed rule to remove the type- approval period and renewal process will not have a significant economic impact on a substantial number of small entities. As a result, an initial regulatory flexibility analysis is not required and none has been prepared. NMFS requests public comment on this decision, the associated analysis and all other aspects of this proposed rule. Send comments to NMFS Headquarters at the ADDRESSES above. List of Subjects in 50 CFR Part 600 Administrative practice and procedure, Fisheries, Fishing, Reporting and recordkeeping requirements. Dated: November 30, 2017. Alan D. Risenhoover, Acting Deputy Assistant Administrator for Regulatory Programs, National Marine Fisheries Service. For the reasons set out in the preamble, 50 CFR part 600 is proposed to be amended as follows: PART 600--MAGNUSON-STEVENS ACT PROVISIONS 0 1. The authority citation for part 600 continues to read as follows: Authority: 5 U.S.C. 561 and 16 U.S.C. 1801 et seq. 0 2. In Sec. 600.1510, revise paragraph (a) to read as follows: Sec. 600.1510 Notification of type-approval. (a) If a request made pursuant to Sec. 600.1501 (type-approval) is approved or partially approved, NMFS will issue a type approval letter and publish a notice in the Federal Register to indicate the specific EMTU model, MCSP or bundle that is approved for use, the MCS or class of MCSs permitted for use with the type-approved EMTU, and the regions or fisheries in which the EMTU, MCSP, or bundle is approved for use. * * * * * Sec. Sec. 600.1512-600.1518 [Amended] 0 3. Remove Sec. Sec. 600.1512 and 600.1513 and redesignate Sec. Sec. 600.1514 through 600.1518 as Sec. Sec. 600.1512 through 600.1516, respectively. [FR Doc. 2017-26197 Filed 12-4-17; 8:45 am] BILLING CODE 3510-22-P
![Federal Register / Vol. 82, No. 232 / Tuesday, December 5, 2017 / Proposed Rules 57419
According to West Virginia, the five provides relevant documentation five sources have permanently ceased
facilities listed in Table 1 have verifying the permanent closure of these operation and their emissions have been
permanently shutdown and ceased sources (see Table 2). EPA has permanently reduced to zero, their
operation. West Virginia’s August 25, confirmed that all permits, where source-specific SIP requirements have
2017 submittal lists the dates of facility applicable, have been surrendered and been rendered obsolete.
closures and closure inspections, and are inactive (see Table 2). Because these
TABLE 2—CLOSURE DATES AND CLOSURE INSPECTION DATES FOR FIVE PERMANENTLY SHUTDOWN FACILITIES
Verification of
closure
Permanent
Source name Source location Title V facility inspection Permit surrendered
closure date conducted by
West Virginia
Mountaineer Carbon Company ... Marshall County ........................... Yes 10/9/2015 6/2/2017 Yes.
Standard Lafarge ......................... Hancock County .......................... No 7/20/2011 6/2/2017 Yes.
Follansbee Steel Corporation ...... Brooke County ............................. No 7/12/2012 5/31/2017 Not applicable.1
International Mill Service, Inc ...... Brooke County ............................. No 6/27/2000 5/31/2017 Not applicable.2
Columbian Chemicals Company Marshall County ........................... Yes 10/9/2015 6/2/2017 Yes.
1 Follansbee Steel Corporation was grandfathered into the West Virginia Department of Environmental Protection—Division of Air Quality’s
(WVDEP—DAQ) permitting program. Therefore, no permits were ever issued for this facility.
2 International Mill Service, Inc. was grandfathered into the WVDEP—DAQ permitting program. Therefore, no permits were ever issued for this
facility.
III. Proposed Action • Is not an Executive Order 13771 (82 SIP, does not have tribal implications as
FR 9339, February 2, 2017) regulatory specified by Executive Order 13175 (65
EPA has reviewed West Virginia’s SIP action because SIP approvals are FR 67249, November 9, 2000), because
revision seeking removal of obsolete exempted under Executive Order 12866; the SIP is not approved to apply in
source-specific SIP requirements from • Does not impose an information Indian country located in the state, and
the West Virginia SIP. These five collection burden under the provisions EPA notes that it will not impose
sources have permanently ceased of the Paperwork Reduction Act (44 substantial direct costs on tribal
operation, rendering source-specific SIP U.S.C. 3501 et seq.); governments or preempt tribal law.
requirements for these sources obsolete. • Is certified as not having a
EPA has confirmed that all permits have significant economic impact on a List of Subjects in 40 CFR Part 52
been surrendered and are inactive. substantial number of small entities Environmental protection, Air
Therefore, EPA is proposing to approve under the Regulatory Flexibility Act (5 pollution control, Carbon monoxide,
the West Virginia August 25, 2017 SIP U.S.C. 601 et seq.); Incorporation by reference, Lead,
revision, which sought removal of • Does not contain any unfunded Nitrogen dioxide, Ozone, Particulate
source-specific revisions related to five mandate or significantly or uniquely matter, Reporting and recordkeeping
now closed facilities in accordance with affect small governments, as described requirements, Sulfur oxides, Volatile
section 110 of the CAA. EPA is in the Unfunded Mandates Reform Act organic compounds.
soliciting public comments on the of 1995 (Pub. L. 104–4); Authority: 42 U.S.C. 7401 et seq.
issues discussed in this document. • Does not have federalism
These comments will be considered implications as specified in Executive Dated: November 22, 2017.
before taking final action. Order 13132 (64 FR 43255, August 10, Cosmo Servidio,
1999); Regional Administrator, Region III.
IV. Statutory and Executive Order • Is not an economically significant [FR Doc. 2017–26183 Filed 12–4–17; 8:45 am]
Reviews regulatory action based on health or BILLING CODE 6560–50–P
Under the CAA, the Administrator is safety risks subject to Executive Order
required to approve a SIP submission 13045 (62 FR 19885, April 23, 1997);
• Is not a significant regulatory action DEPARTMENT OF COMMERCE
that complies with the provisions of the
subject to Executive Order 13211 (66 FR
CAA and applicable federal regulations.
28355, May 22, 2001); National Oceanic and Atmospheric
42 U.S.C. 7410(k); 40 CFR 52.02(a).
• Is not subject to requirements of Administration
Thus, in reviewing SIP submissions,
section 12(d) of the National
EPA’s role is to approve state choices,
Technology Transfer and Advancement 50 CFR Part 600
provided that they meet the criteria of
Act of 1995 (15 U.S.C. 272 note) because
the CAA. Accordingly, this action [Docket No. 160908833–7999–01]
application of those requirements would
merely approves state law as meeting
be inconsistent with the CAA; and RIN 0648–BG34
federal requirements and does not • Does not provide EPA with the
impose additional requirements beyond discretionary authority to address, as Requirements of the Vessel Monitoring
sradovich on DSK3GMQ082PROD with PROPOSALS
those imposed by state law. For that appropriate, disproportionate human System Type-Approval
reason, this proposed action: health or environmental effects, using AGENCY: National Marine Fisheries
• Is not a ‘‘significant regulatory practicable and legally permissible Service (NMFS), National Oceanic and
action’’ subject to review by the Office methods, under Executive Order 12898 Atmospheric Administration (NOAA),
of Management and Budget under (59 FR 7629, February 16, 1994). Commerce.
Executive Orders 12866 (58 FR 51735, In addition, this proposed rule,
ACTION: Proposed rule; request for
October 4, 1993) and 13563 (76 FR 3821, pertaining to removal of source-specific
comments.
January 21, 2011); requirements from the West Virginia
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![57422 Federal Register / Vol. 82, No. 232 / Tuesday, December 5, 2017 / Proposed Rules
costs to type-approval holders, rule. Send comments to NMFS § 600.1510 Notification of type-approval.
fishermen and NMFS associated with Headquarters at the ADDRESSES above. (a) If a request made pursuant to
the renewal process. The change in the List of Subjects in 50 CFR Part 600 § 600.1501 (type-approval) is approved
regulations are not expected to place or partially approved, NMFS will issue
small entities at a significant Administrative practice and
procedure, Fisheries, Fishing, Reporting a type approval letter and publish a
competitive disadvantage to large
and recordkeeping requirements. notice in the Federal Register to
entities and removing the type-approval
Dated: November 30, 2017.
indicate the specific EMTU model,
renewal process may in fact help
MCSP or bundle that is approved for
smaller vendors more given their more Alan D. Risenhoover,
use, the MCS or class of MCSs permitted
limited resources for dealing with the Acting Deputy Assistant Administrator for
Regulatory Programs, National Marine for use with the type-approved EMTU,
administrative and technical costs
associated with the current type- Fisheries Service. and the regions or fisheries in which the
approval renewal process. For the reasons set out in the EMTU, MCSP, or bundle is approved for
preamble, 50 CFR part 600 is proposed use.
Thus, NMFS certifies that this to be amended as follows:
proposed rule to remove the type- * * * * *
approval period and renewal process PART 600—MAGNUSON-STEVENS § § 600.1512–600.1518 [Amended]
will not have a significant economic ACT PROVISIONS
impact on a substantial number of small ■ 3. Remove §§ 600.1512 and 600.1513
entities. As a result, an initial regulatory ■ 1. The authority citation for part 600 and redesignate §§ 600.1514 through
flexibility analysis is not required and continues to read as follows: 600.1518 as §§ 600.1512 through
none has been prepared. Authority: 5 U.S.C. 561 and 16 U.S.C. 600.1516, respectively.
NMFS requests public comment on 1801 et seq. [FR Doc. 2017–26197 Filed 12–4–17; 8:45 am]
this decision, the associated analysis ■ 2. In § 600.1510, revise paragraph (a) BILLING CODE 3510–22–P
and all other aspects of this proposed to read as follows:
sradovich on DSK3GMQ082PROD with PROPOSALS
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Document Created: 2017-12-04 23:45:23
Document Modified: 2017-12-04 23:45:23
| 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 | Proposed Rules | |
| Action | Proposed rule; request for comments. | |
| Dates | Comments must be received January 4, 2018. | |
| Contact | Kelly Spalding, Vessel Monitoring System Program Manager, Headquarters: 301-427-8269 or [email protected] | |
| FR Citation | 82 FR 57419 | |
| RIN Number | 0648-BG34 | |
| CFR Associated | Administrative Practice and Procedure; Fisheries; Fishing and Reporting and Recordkeeping Requirements |
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