83_FR_30654 83 FR 30528 - Fisheries of the Exclusive Economic Zone Off Alaska; Nontrawl Lead Level 2 Observers

83 FR 30528 - Fisheries of the Exclusive Economic Zone Off Alaska; Nontrawl Lead Level 2 Observers

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 83, Issue 126 (June 29, 2018)

Page Range30528-30533
FR Document2018-14071

NMFS issues regulations to modify specific provisions of the North Pacific Observer Program. The first two elements of this final rule implement requirements for an observer to obtain a nontrawl lead level 2 (LL2) deployment endorsement and implement a pre-cruise meeting requirement for vessels required to carry an observer with a nontrawl LL2 deployment endorsement. These two elements are intended to increase the number of observers that qualify for a nontrawl LL2 deployment endorsement and maintain observer safety and data quality. The third element of this final rule removes duplicative and unnecessary reporting requirements and makes minor changes to reduce observer requirements for specific vessels when participating in the Western Alaska Community Development Quota (CDQ) Program. This action is intended to promote the goals and objectives of the Magnuson-Stevens Fishery Conservation and Management Act, the Fishery Management Plan for Groundfish of the Gulf of Alaska, and the Fishery Management Plan for Groundfish of the Bering Sea and Aleutian Islands Management Area, and other applicable law.

Federal Register, Volume 83 Issue 126 (Friday, June 29, 2018)
[Federal Register Volume 83, Number 126 (Friday, June 29, 2018)]
[Rules and Regulations]
[Pages 30528-30533]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-14071]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

15 CFR Part 902

50 CFR Part 679

[Docket No. 170621579-8522-02]
RIN 0648-BG96


Fisheries of the Exclusive Economic Zone Off Alaska; Nontrawl 
Lead Level 2 Observers

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

ACTION: Final rule.

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SUMMARY: NMFS issues regulations to modify specific provisions of the 
North Pacific Observer Program. The first two elements of this final 
rule implement requirements for an observer to obtain a nontrawl lead 
level 2 (LL2) deployment endorsement and implement a pre-cruise meeting 
requirement for vessels required to carry an observer with a nontrawl 
LL2 deployment endorsement. These two elements are intended to increase 
the number of observers that qualify for a nontrawl LL2 deployment 
endorsement and maintain observer safety and data quality. The third 
element of this final rule removes duplicative and unnecessary 
reporting requirements and makes minor changes to reduce observer 
requirements for specific vessels when participating in the Western 
Alaska Community Development Quota (CDQ) Program. This action is 
intended to promote the goals and objectives of the Magnuson-Stevens 
Fishery Conservation and Management Act, the Fishery Management Plan 
for Groundfish of the Gulf of Alaska, and the Fishery Management Plan 
for Groundfish of the Bering Sea and Aleutian Islands Management Area, 
and other applicable law.

DATES: Effective July 30, 2018.

ADDRESSES: Electronic copies of the Regulatory Impact Review (RIR) and 
the Categorical Exclusion prepared for this action are available from 
www.regulations.gov or from the NMFS Alaska Region website at 
alaskafisheries.noaa.gov. All public comment letters submitted during 
the comment period may be obtained from www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2017-0071.
    Written comments regarding the burden-hour estimates or other 
aspects of the collection-of-information requirements contained in this 
final rule may be submitted by mail to NMFS Alaska Region, P.O. Box 
21668, Juneau, AK 99802-1668, Attn: Ellen Sebastian, Records Officer; 
in person at NMFS Alaska Region, 709 West 9th Street, Room 420A, 
Juneau, AK; and to OIRA by email to [email protected] or by 
fax to 202-395-5806.

FOR FURTHER INFORMATION CONTACT: Alicia M Miller, (907) 586-7228 or 
[email protected].

SUPPLEMENTARY INFORMATION:

Authority for Action

    NMFS manages the groundfish fisheries in the exclusive economic 
zone under the Fishery Management Plan for Groundfish of the Gulf of 
Alaska (GOA FMP) and under the Fishery Management Plan for Groundfish 
of the

[[Page 30529]]

Bering Sea and Aleutian Islands Management Area (BSAI FMP). The North 
Pacific Fishery Management Council (Council) prepared the FMPs under 
the authority of the Magnuson-Stevens Fishery Conservation and 
Management Act (Magnuson-Stevens Act), 16 U.S.C. 1801 et seq. 
Regulations governing U.S. fisheries and implementing the FMPs appear 
at 50 CFR parts 600 and 679.
    NMFS published the proposed rule for this action on December 27, 
2017 (82 FR 61243), with comments invited through January 26, 2018.
    NMFS received five comment letters during the applicable comment 
period. Four of these comment letters were on topics that were outside 
the scope of this action. One comment letter addressed the proposed 
rule and contained five substantive comments which are summarized and 
responded to under the heading ``Response to Comments'' below.
    A detailed review of the provisions of the regulations to modify 
specific provisions of the North Pacific Observer Program (Observer 
Program) and the rationale for these regulations are provided in the 
preamble to the proposed rule (82 FR 61243, December 27, 2017) and are 
briefly summarized in this final rule.

Background

    Regulations at subpart E of 50 CFR part 679 require that most 
vessels fishing for groundfish or halibut must carry an observer for 
some or all fishing activities to ensure the collection of data 
necessary to manage the groundfish and halibut fisheries.
    The Observer Program is an integral component in the management of 
North Pacific fisheries. The Observer Program has two observer coverage 
categories: Partial and full. Regulations at 50 CFR 679.51 require 
vessels and processors in the full coverage category to carry an 
observer at all times when fish are caught or processed. This final 
rule affects catcher/processors in the full coverage category (i.e., 
vessels that catch and process their own catch at-sea), and all 
motherships (i.e., those vessels that receive unsorted catch from other 
vessels and process that catch at-sea). Owners of vessels or processors 
in the full coverage category must contract directly with a permitted 
observer provider and pay for required observer coverage. Two groups of 
vessels are required to carry an observer with a nontrawl LL2 
deployment endorsement.
    The first group of vessels includes vessels named on a License 
Limitation Program license with a Pacific cod catcher/processor hook-
and-line endorsement for the Bering Sea, Aleutian Islands, or both the 
Bering Sea and Aleutian Islands (BSAI). These vessels are subject to 
monitoring requirements at 50 CFR 679.100 and are referred to as 
``freezer longline vessels'' throughout this final rule. Pursuant to 50 
CFR 679.100, a freezer longline vessel must carry an observer with a 
nontrawl LL2 deployment endorsement when the vessel (1) operates in 
either the BSAI or Gulf of Alaska groundfish fisheries and directed 
fishing for Pacific cod is open in the BSAI, or (2) when the vessel 
participates in the CDQ groundfish fisheries. These monitoring 
requirements for freezer longline vessels were implemented in 2012 and 
require freezer longline vessel owners and operators to select between 
one of two monitoring options: Either carry two observers so that all 
catch can be sampled, or carry one observer and use a motion-
compensated flow scale to weigh Pacific cod before it is processed. 
Both monitoring options require the vessel to carry one observer 
endorsed as a nontrawl LL2 observer (77 FR 59053; September 26, 2012).
    The second group of vessels that is required to carry an observer 
with a nontrawl LL2 deployment endorsement includes catcher/processors 
that use pot gear when participating in the CDQ groundfish fisheries 
(groundfish CDQ fishing) (77 FR 6492; February 8, 2012). These pot 
catcher/processors are required to carry an observer with a nontrawl 
LL2 deployment endorsement when groundfish CDQ fishing and may 
participate in other fisheries that do not require a nontrawl LL2 
observer. Regulations at 50 CFR 679.32 describe the specific monitoring 
requirements for vessels when participating in the sablefish CDQ, 
pollock CDQ, and other groundfish CDQ fisheries.
    Since 2014, observer providers contracted by vessels in the full 
coverage category have reported that they have been unable to create 
and retain an adequate pool of qualified nontrawl LL2 observers 
resulting in a diminishing pool of qualified observers employed by 
those observer providers. The requirements in this final rule are 
intended to increase the number of observers that qualify for a 
nontrawl LL2 deployment endorsement and thereby minimize additional 
costs to affected entities for an observer to obtain a nontrawl LL2 
deployment endorsement. This final rule also implements provisions that 
are intended to maintain observer safety and data quality.

This Final Rule

    This final rule includes three elements. The first element 
implements new sampling experience requirements for an observer to 
obtain a nontrawl LL2 deployment endorsement. These sampling 
requirements allow sampling experience on a trawl catcher/processor or 
mothership vessel to count toward a nontrawl LL2 deployment 
endorsement. These requirements also authorize the Observer Program to 
require additional training for observers as necessary to adequately 
prepare them to safely perform data collection duties relevant to the 
nontrawl LL2 deployment endorsement.
    The second element of this final rule requires the operator or 
manager of a vessel that carries nontrawl LL2 observers to participate 
in a pre-cruise meeting with the observer assigned to the vessel if 
notified to do so by NMFS. This final rule requires freezer longline 
vessels and pot catcher/processors when groundfish CDQ fishing to 
notify the Observer Program prior to embarking on a trip with a 
nontrawl LL2 observer who has not deployed on that vessel in the past 
12 months. Subsequently, the Observer Program may contact the vessel 
and require the vessel operator or manager and the observer assigned to 
the vessel to participate in a pre-cruise meeting prior to embarking on 
a trip.
    The third element of this final rule removes duplicative and 
unnecessary reporting requirements and makes minor changes to reduce 
observer requirements for specific vessels participating in the CDQ 
Program.

Response to Comments

    NMFS received five comment letters during the comment period. Four 
of these comment letters were outside the scope of this action. These 
letters raised issues not relevant to this rulemaking and are not 
addressed in this final rule. One comment letter directly addressed the 
proposed rule and contained five substantive comments that are 
summarized and responded to below. This comment letter was from the 
Freezer Longline Coalition (FLC) that represents members of the Freezer 
Longline Conservation Cooperative (FLCC), which includes freezer 
longline vessels impacted by this action.
    Comment 1: We support implementing new requirements for an observer 
to obtain a nontrawl LL2 deployment endorsement, and for the operator 
or manager of a vessel required to carry an observer with a nontrawl 
LL2 deployment endorsement to participate in a pre-cruise meeting with

[[Page 30530]]

the observer if notified by NMFS to do so.
    Response: NMFS acknowledges this comment.
    Comment 2: We agree that increasing the number of observers that 
may qualify for a nontrawl LL2 deployment endorsement will reduce costs 
to vessel owners required to carry a nontrawl LL2 endorsed observer.
    Response: NMFS acknowledges this comment.
    Comment 3: NMFS' proposed rule did not include sufficient 
explanation about how the implementation of the nontrawl LL2 observer 
training class will result in enough observers receiving a nontrawl LL2 
deployment endorsement to minimize additional costs to the industry.
    Response: NMFS disagrees. The preamble to the proposed rule 
includes a description of the minimum and potential maximum demand for 
nontrawl LL2 observer training classes (82 FR 61243, December 27, 
2017). As described in the preamble to the proposed rule and the RIR, 
observer providers and representatives of freezer longline vessels 
reported shortages in 2014 of nontrawl LL2 observers on freezer 
longline vessels, and that this shortage resulted in delayed fishing 
operations in some cases. This final rule provides a path for observers 
with sampling experience on trawl vessels to qualify for a nontrawl LL2 
deployment endorsement. NMFS expects this to increase the availability 
of qualified nontrawl LL2 observers, which would reduce the potential 
for delayed fishing operations and would reduce costs associated with 
delays, such as costs for crew time, food, and missed fishing 
opportunities. Section 4.3.2 and Table 16 of the RIR and the preamble 
to the proposed rule include additional information about the costs to 
industry created by a shortage of nontrawl LL2 observers.
    In addition, the proposed rule cites the best scientific 
information available, and Section 3.3.5 of the RIR provided a 
description of the estimated costs to the freezer longline fleet due to 
the shortage of nontrawl LL2 endorsed observers. Specifically, Section 
3.3.5 of the RIR summarizes the costs of voluntarily carrying a second 
observer to allow the observer to gain experience required for a 
nontrawl LL2 deployment endorsement. That cost is estimated to be 
$11,130 per observer for a 30-day trip. NMFS estimated this cost per 
trip by using information provided in Table 16 of the RIR. NMFS 
multiplied the estimated length of a freezer longline trip (30 days) by 
the estimated cost per day to deploy an observer ($371). NMFS then 
multiplied that total by the number of trips for which a freezer 
longline vessel voluntarily carried a second observer to obtain the 
total annual estimated cost.
    NMFS expects that the cost for an observer with the requisite 
experience aboard a vessel using trawl gear to obtain a LL2 deployment 
endorsement through a two to three day training course will be 
significantly lower than the cost associated with a 30-day deployment. 
Based on the best available scientific information, NMFS anticipates 
that providing at least one nontrawl LL2 observer training class 
annually will meet the demand for additional nontrawl LL2 deployment 
endorsements, and freezer longline vessels will not need to voluntarily 
carry a second observer and incur associated additional costs.
    In addition, the Observer Program routinely determines the training 
necessary for an observer to receive certification, annual endorsements 
and deployment endorsements, and responds to requests from observer 
providers to schedule training classes at NMFS facilities. The Observer 
Program may adjust the number of nontrawl LL2 training classes offered 
each year if required to meet demand.
    Comment 4: NMFS should not apply the Small Business Administration 
(SBA) principles of affiliation for the purpose of determining if 
members of the FLCC are considered small entities under the Regulatory 
Flexibility Act (RFA). In addition, SBA's principles are not the best 
guide for considering affiliation for RFA analyses performed by NMFS.
    Response: NMFS disagrees. Under Executive Order 13272, signed on 
August 13, 2002, the SBA's Office of Advocacy is directed to provide 
Federal agencies with training and information on how to comply with 
the RFA. The SBA provides information about how to comply with the RFA 
through its regulations at 13 CFR part 121 and guidance posted on its 
website at www.sba.gov. Therefore, it is appropriate for NMFS to apply 
regulations and guidelines developed by the SBA in classifying entities 
for RFA analyses.
    Based on the contractual relationships, recognized since the 
formation of the FLCC in August 2010, NMFS determined that all members 
of the FLCC are affiliated as described under 13 CFR 121.103(f) for the 
purpose of analyses prepared under the RFA. This application of the SBA 
principles of affiliation is consistent with how NMFS has applied this 
size standard to vessels and processors in fishing cooperatives in the 
North Pacific since at least 2001 (66 FR 65028; December 17, 2001). 
NMFS has applied this same determination to vessels and processors in 
fishing cooperatives under the American Fisheries Act, the Crab 
Rationalization Program, the Amendment 80 Program, the Gulf of Alaska 
Rockfish Program, and for the FLCC.
    The FLCC is a registered active non-profit corporation in the State 
of Washington and, through the FLC, maintains an active website 
identifying all member vessels (http://www.freezerlonglinecoalition.com/members.html). In addition, the FLC 
affirms that the FLCC operates as a voluntary fishery cooperative in 
its letter of comment on the proposed rule by stating that ``All 
members of the FLC [Freezer Longline Coalition] are also members of the 
Freezer Longline Conservation Cooperative (FLCC), a voluntary fishing 
cooperative established in 2010.''
    Thus, NMFS maintains that the members of the FLCC are recognized as 
members of a voluntary fishing cooperative with a single identity of 
interest in the harvest of the annual allocation of Pacific cod to the 
BSAI freezer longline vessels such that interests should be aggregated 
for the purpose of analysis prepared under the RFA. The contractual 
relationship among vessels in the cooperative allows members to work 
together to more efficiently harvest fishery allocations. The ability 
to plan ahead, cooperate in harvest decisions, and share some expenses 
constitutes a degree of economic dependence not available to 
independent fishing vessels. In addition, the conclusion that the 
members of the FLCC are affiliated for purposes of the RFA is 
consistent with previous actions implemented since the formation of the 
FLCC in 2010 and impacting the same fleet prosecuting the same 
resources (77 FR 59053, September 26, 2012; 77 FR 58775, September 24, 
2012; 79 FR 603, January 6, 2014; 79 FR 68610, November 18, 2014).
    Comment 5: NMFS incorrectly classifies freezer longline vessels as 
predominantly engaged in fish harvesting rather than fish processing 
for the purpose of analysis required under the RFA. The commenter 
asserts that catcher/processors should be classified as predominantly 
involved in fish processing and the associated threshold of employing 
750 or fewer persons on a full-time, part-time, temporary, or other 
basis, at all affiliated operations worldwide should be applied to 
determine if an entity is considered small under the RFA.

[[Page 30531]]

    Response: NMFS disagrees. As described in the response to Comment 
4, all freezer longline vessels impacted by this action are members of 
the FLCC. In a letter received by NMFS on May 19, 2011 from the FLCC, 
the FLCC describes itself as a voluntary fishing cooperative with the 
purpose of ``promoting, fostering, and encouraging the intelligent and 
orderly harvest of Pacific cod and other groundfish species in the 
Bering Sea/Aleutian Islands longline fisheries off Alaska . . .'' The 
FLCC's description of its members refers to coordinating the harvest of 
finfish and does not refer to processing as a primary activity. 
Further, the members of the FLCC have exclusive harvesting rights to 
the annual allocation in the BSAI to the defined class of longline 
catcher/processor subsector participants rather than exclusive 
processing rights. Additionally, none of the FLCC members purchase 
unprocessed catch for the sole purpose of increasing processing 
activity; therefore, the processing activity of an individual freezer 
longline vessel is limited by its harvesting activity. Without the 
primary harvesting activity, the secondary processing activity does not 
occur. For these reasons, NMFS affirms its determination that, for 
purposes of RFA analyses, the freezer longline vessels affected by this 
action are primarily engaged in commercial fishing. Therefore, it is 
appropriate for NMFS to classify freezer longline vessels in the 
commercial fishing industry category (NAICS 11411), and to apply the 
small business size standard of $11 million in annual gross receipts to 
the group of affiliated vessels.

Changes From Proposed to Final Rule

    NMFS made three changes to this final rule. These changes provide 
minor clarifications that do not substantively modify the regulations 
as proposed.
    The first change adds the word ``either'' and the regulatory text 
in paragraph (a)(5)(v)(C)(4) of the proposed rule to paragraph Sec.  
679.53(a)(5)(v)(C)(3) to clarify that either one of the two minimum 
sampling experience requirements may satisfy one of the three 
conditions set forth in paragraph (a)(5)(v)(C) necessary to deploy as a 
nontrawl lead level 2 observer.
    The second change adds the words ``at least'' to Sec.  
679.53(a)(5)(v)(C)(3) to clarify that at least 100 or more sampled 
hauls on catcher/processors using trawl gear satisfies the minimum 
sampling experience requirement specified in this paragraph.
    The third change correctly identifies the locations in 50 CFR part 
679 where the term ``Observer Program Office'' will be replaced with 
the term ``Observer Program'' by including Sec.  679.52(a)(2), 
(b)(1)(iii)(A), (b)(2)(iv), (b)(3)(ii)(B), and (b)(8) introductory 
text. These paragraphs were inadvertently incorrectly listed in the 
table as paragraphs of Sec.  679.51 in the proposed rule.

OMB Revisions to PRA References in 15 CFR 902.1(b)

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

Classification

    The Administrator, Alaska Region, NMFS, has determined that this 
final rule is necessary for the conservation and management of the 
groundfish fishery and is consistent with the GOA and BSAI FMPs, the 
Magnuson-Stevens Act, and other applicable law.
    This final rule has been determined to be not significant for the 
purposes of Executive Order 12866.
    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 final rule will not have a significant 
economic impact on a substantial number of small entities. NMFS 
published a proposed rule on December 27, 2017 (82 FR 61243). An IRFA 
was prepared and included in the ``Classification'' section of the 
preamble to the proposed rule. The comment period closed on January 26, 
2018. NMFS received five letters of comment on the proposed rule. One 
comment letter contained two comments on the IRFA, which are summarized 
in the ``Response to Comments'' section (Comments 4 and 5). The 
comments on the IRFA were considered by NMFS in the decision to certify 
this final rule. The Chief Counsel for Advocacy of the SBA did not file 
any comments on the proposed rule.
    The factual basis for certification of this final rule is described 
below. This action includes three elements that modify specific 
provisions of the Observer Program. The first element modifies sampling 
experience requirements for an observer to obtain a nontrawl LL2 
deployment endorsement. The second element requires the operator or 
manager of a vessel required to carry an observer with a nontrawl LL2 
deployment endorsement to participate in a pre-cruise meeting when 
notified to do so by NMFS. The third element removes duplicative and 
unnecessary reporting requirements and makes minor changes to reduce or 
remove observer-related requirements for specific vessels when 
participating in the CDQ Program.
    This action directly regulates observers and owners and operators 
of the following vessels: (1) Freezer longline vessels that participate 
in the BSAI hook-and-line Pacific cod fishery; and (2) pot catcher/
processors, trawl catcher/processors, nontrawl catcher/processors, and 
motherships when groundfish CDQ fishing. For reasons explained in more 
detail in the IRFA and in responses to Comment 4 and Comment 5 in the 
preamble to this final rule, NMFS has determined that there are no 
small entities directly regulated by this final rule.
    In addition, this action is expected to reduce the cost for vessels 
to comply with observer coverage requirements and is not expected to 
impose significant costs of complying with new reporting requirements. 
This action will benefit all affected vessels by increasing the number 
of observers that may qualify for a nontrawl LL2 deployment endorsement 
and will remove observer-related requirements for specific vessels when 
participating in the CDQ Program.
    For all of these reasons, this action is not expected to have a 
significant economic impact on a substantial number of small entities. 
As a result, a final regulatory flexibility analysis is not required, 
and none has been prepared. The economic analysis contained in the RIR 
(see ADDRESSES) and in the IRFA included in the ``Classification'' 
section of the proposed rule prepared for this action further describes 
the regulatory and operational characteristics of the affected vessels, 
including the history of this action, and the details of the 
alternatives considered for this action, including the preferred 
alternative.

Collection-of-Information Requirements

    This final rule contains collection-of-information requirements 
subject to the Paperwork Reduction Act (PRA) and which have been 
approved by the Office of Management and Budget (OMB) under OMB control 
number 0648-0318 (North Pacific Observer Program). The public reporting 
burden for these

[[Page 30532]]

collection-of-information requirements includes the time for reviewing 
instructions, searching existing data sources, gathering and 
maintaining the data needed, and completing and reviewing the 
collection of information.
    This final rule will require that the Observer Program be notified 
by phone at least 24 hours prior to departure when a vessel will carry 
an observer who has not deployed on that vessel in the past 12 months. 
Public reporting burden per response to notify the Observer Program by 
phone is estimated to be five minutes.
    Send comments on these burden estimates or any other aspect of this 
data collection, including suggestions for reducing the burden, to NMFS 
Alaska Region (see ADDRESSES), and by email to 
[email protected], or by 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, Recordkeeping and reporting requirements.

    Dated: June 26, 2018.
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.  [thinsp]902.1, in the table in paragraph (b), under the 
entry ``50 CFR'', add entries in alphanumeric order for 
``679.84(c)(7)'' and ``679.93(c)(7)''; remove the entry for ``679.100 
(a) and (b)''; and add entries in alphanumeric order for ``679.100(a)'' 
and ``679.100(b)'' to read as follows:


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

* * * * *
    (b) * * *

------------------------------------------------------------------------
                                             Current OMB control number
 CFR part or section where the information  (all numbers begin with 0648-
     collection requirement is located                    )
------------------------------------------------------------------------
 
                                * * * * *
50 CFR:
 
                                * * * * *
679.84(c)(7)..............................  -0318.
 
                                * * * * *
679.93(c)(7)..............................  -0318.
 
                                * * * * *
679.100(a)................................  -0330 and -0515.
679.100(b)................................  -0318, -0330, and -0515.
 
                                * * * * *
------------------------------------------------------------------------

* * * * *

Title 50--Wildlife and Fisheries

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

0
3. The authority citation for 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.  679.2:
0
a. Remove the definition for ``Observer Program Office''; and
0
b. Add the definitions for ``Cruise'' and ``Observer Program'' in 
alphabetical order to read as follows:


Sec.  679.2  Definitions.

* * * * *
    Cruise means an observer deployment with a unique cruise number. A 
cruise begins when an observer receives an endorsement to deploy and 
ends when the observer completes all debriefing responsibilities.
* * * * *
    Observer Program means the administrative office of the North 
Pacific Observer Program located at the Alaska Fisheries Science Center 
(See Sec.  679.51(c)(3) for contact information).
* * * * *

0
5. In Sec.  679.32:
0
a. Remove and reserve paragraphs (c)(3)(i)(B)(2), (c)(3)(i)(C)(2), and 
(c)(3)(i)(E)(2); and
0
b. Add paragraph (c)(3)(i)(E)(4) to read as follows:


Sec.  679.32  Groundfish and halibut CDQ catch monitoring.

* * * * *
    (c) * * *
    (3) * * *
    (i) * * *
    (E) * * *
    (4) Notify the Observer Program by phone at 1 (907) 581-2060 (Dutch 
Harbor, AK) or 1 (907) 481-1770 (Kodiak, AK) at least 24 hours prior to 
departure when the vessel will be carrying an observer who has not 
previously been deployed on that vessel within the last 12 months. 
Subsequent to the vessel's departure notification, but prior to 
departure, NMFS may contact the vessel to arrange for a pre-cruise 
meeting. The pre-cruise meeting must minimally include the vessel 
operator or manager and any observers assigned to the vessel.
* * * * *

0
6. Revise the heading of subpart E to read as follows:

Subpart E--North Pacific Observer Program

0
7. In Sec.  679.50, revise paragraph (a)(2) to read as follows:


Sec.  679.50  Applicability.

    (a) * * *
    (2) Exceptions. A catcher vessel is not subject to the requirements 
of this subpart when delivering unsorted codends to a mothership.
* * * * *

0
8. In Sec.  679.51, revise paragraph (a)(2)(vi)(A)(5) to read as 
follows:


Sec.  679.51  Observer and Electronic Monitoring System requirements 
for vessels and plants.

    (a) * * *
    (2) * * *
    (vi) * * *
    (A) * * *
    (5) Motherships. A mothership that receives unsorted codends from 
catcher vessels groundfish CDQ fishing must have at least two observers 
aboard the mothership, at least one of whom must be endorsed as a lead 
level 2 observer. More than two observers must be aboard if the 
observer workload restriction would otherwise preclude sampling as 
required.
* * * * *

0
9. In Sec.  679.53:
0
a. Remove and reserve paragraph (a)(5)(v)(B); and
0
b. Revise paragraph (a)(5)(v)(C) to read as follows:


Sec.  679.53  Observer certification and responsibilities.

    (a) * * *

[[Page 30533]]

    (5) * * *
    (v) * * *
    (C) A lead level 2 observer on a vessel using nontrawl gear must 
have completed the following:
    (1) Two observer cruises (contracts) of at least 10 days each;
    (2) Successfully completed training or briefing as prescribed by 
the Observer Program; and
    (3) Either sampled at least 30 sets on a vessel using nontrawl gear 
or sampled at least 100 hauls on a catcher/processor using trawl gear 
or on a mothership.
* * * * *


Sec. Sec.  679.51, 679.52, and 679.53  [Amended]

0
10. In the table below, for each section indicated in the ``Location'' 
column, remove the phrase indicated in the ``Remove'' column from 
wherever it appears in the section and add the word indicated in the 
``Add'' column:

----------------------------------------------------------------------------------------------------------------
                Location                            Remove                        Add                Frequency
----------------------------------------------------------------------------------------------------------------
Sec.   679.51(a)(2)(vi)(B)(1),            certified.................  endorsed..................               1
 (a)(2)(vi)(B)(3), (a)(2)(vi)(B)(4),
 (a)(2)(vi)(C), (a)(2)(vi)(D)(1),
 (a)(2)(vi)(D)(2), and (a)(2)(vi)(E)(1).
Sec.   679.51(c)(3).....................  Observer Program Office...  Observer Program..........               1
Sec.   679.52(a)(2), (b)(1)(iii)(A),      Observer Program Office...  Observer Program..........               1
 (b)(2)(iv), (b)(3)(ii)(B), and (b)(8)
 introductory text.
Sec.   679.52(b)(11) introductory text..  Observer Program Office...  Observer Program..........               2
Sec.   679.52(b)(11)(i) introductory      Observer Program Office...  Observer Program..........               1
 text, (b)(11)(ii), (b)(11)(iii), and
 (b)(11)(vi) introductory text.
Sec.   679.52(b)(11)(vii) introductory    Observer Program Office...  Observer Program..........               3
 text.
Sec.   679.52(b)(11)(viii) introductory   Observer Program Office...  Observer Program..........               1
 text, (b)(11)(viii)(A), (b)(11)(ix),
 (b)(11)(x) introductory text, and
 (b)(12).
Sec.   679.53(a)(1).....................  Observer Program Office...  Observer Program..........               1
Sec.   679.53(a)(5)(v) introductory       ``lead''..................  lead......................               1
 text, and (a)(5)(v)(A).
Sec.   679.53(b)(2)(i)..................  Observer Program Office...  Observer Program..........               1
----------------------------------------------------------------------------------------------------------------


0
11. In Sec.  679.84, revise paragraph (c)(7) to read as follows:


Sec.  679.84  Rockfish Program Recordkeeping, permits, monitoring, and 
catch accounting.

* * * * *
    (c) * * *
    (7) Pre-cruise meeting. The Observer Program is notified by phone 
at 1 (907) 481-1770 (Kodiak, AK) at least 24 hours prior to departure 
when the vessel will be carrying an observer who has not previously 
been deployed on that vessel within the last 12 months. Subsequent to 
the vessel's departure notification, but prior to departure, NMFS may 
contact the vessel to arrange for a pre-cruise meeting. The pre-cruise 
meeting must minimally include the vessel operator or manager and any 
observers assigned to the vessel.
* * * * *

0
12. In Sec.  679.93, revise paragraph (c)(7) to read as follows:


Sec.  679.93  Amendment 80 Program recordkeeping, permits, monitoring, 
and catch accounting.

* * * * *
    (c) * * *
    (7) Pre-cruise meeting. The Observer Program is notified by phone 
at 1 (907) 581-2060 (Dutch Harbor, AK) or 1 (907) 481-1770 (Kodiak, AK) 
at least 24 hours prior to departure when the vessel will be carrying 
an observer who has not previously been deployed on that vessel within 
the last 12 months. Subsequent to the vessel's departure notification, 
but prior to departure, NMFS may contact the vessel to arrange for a 
pre-cruise meeting. The pre-cruise meeting must minimally include the 
vessel operator or manager and any observers assigned to the vessel.
* * * * *

0
13. In Sec.  679.100, add paragraphs (b)(1)(v) and (b)(2)(i)(E) to read 
as follows:


Sec.  679.100  Applicability.

* * * * *
    (b) * * *
    (1) * * *
    (v) The Observer Program is notified by phone at 1 (907) 581-2060 
(Dutch Harbor, AK) or 1 (907) 481-1770 (Kodiak, AK) at least 24 hours 
prior to departure when the vessel will be carrying an observer who has 
not previously been deployed on that vessel within the last 12 months. 
Subsequent to the vessel's departure notification, but prior to 
departure, NMFS may contact the vessel to arrange for a pre-cruise 
meeting. The pre-cruise meeting must minimally include the vessel 
operator or manager and any observers assigned to the vessel.
    (2) * * *
    (i) * * *
    (E) The Observer Program is notified by phone at 1 (907) 581-2060 
(Dutch Harbor, AK) or 1 (907) 481-1770 (Kodiak, AK) at least 24 hours 
prior to departure when the vessel will be carrying an observer who has 
not previously been deployed on that vessel within the last 12 months. 
Subsequent to the vessel's departure notification, but prior to 
departure, NMFS may contact the vessel to arrange for a pre-cruise 
meeting. The pre-cruise meeting must minimally include the vessel 
operator or manager and any observers assigned to the vessel.
* * * * *
[FR Doc. 2018-14071 Filed 6-28-18; 8:45 am]
BILLING CODE 3510-22-P



                                              30528                Federal Register / Vol. 83, No. 126 / Friday, June 29, 2018 / Rules and Regulations

                                              injury. The means of protection must                    inflatable lap-belt system is considered               SUMMARY:   NMFS issues regulations to
                                              take into consideration a range of stature              a ‘‘critical system’’ if its deployment                modify specific provisions of the North
                                              from a two-year-old child to a 95th                     could have a hazardous effect on the                   Pacific Observer Program. The first two
                                              percentile male. The inflatable lap belt                airplane; otherwise it is considered an                elements of this final rule implement
                                              must provide a consistent approach to                   ‘‘essential’’ system.                                  requirements for an observer to obtain a
                                              energy absorption throughout that range                    10. The inflatable lap belt must                    nontrawl lead level 2 (LL2) deployment
                                              of occupants. In addition, the following                function properly after loss of normal                 endorsement and implement a pre-
                                              situations must be considered.                          airplane electrical power, and after a                 cruise meeting requirement for vessels
                                                 The seat occupant is:                                transverse separation of the fuselage at               required to carry an observer with a
                                              • Holding an infant                                     the most critical location. A separation               nontrawl LL2 deployment endorsement.
                                              • a child in a child-restraint device                   at the location of the lap belt does not               These two elements are intended to
                                              • a child not using a child-restraint                   have to be considered.                                 increase the number of observers that
                                                 device                                                  11. The inflatable lap belt must be                 qualify for a nontrawl LL2 deployment
                                              • a pregnant woman                                      shown to not release hazardous                         endorsement and maintain observer
                                                                                                      quantities of gas or particulate matter                safety and data quality. The third
                                                 2. The inflatable lap belt must provide              into the cabin.
                                              adequate protection for each occupant                                                                          element of this final rule removes
                                                                                                         12. The inflatable lap-belt installation            duplicative and unnecessary reporting
                                              regardless of the number of occupants of                must be protected from the effects of fire
                                              the seat assembly, considering that                                                                            requirements and makes minor changes
                                                                                                      such that no hazard to occupants will                  to reduce observer requirements for
                                              unoccupied seats may have an active                     result.
                                              airbag system in the lap belt.                                                                                 specific vessels when participating in
                                                                                                         13. A means must be available for a
                                                 3. The design must prevent the                                                                              the Western Alaska Community
                                                                                                      crewmember to verify the integrity of
                                              inflatable lap belt from being either                                                                          Development Quota (CDQ) Program.
                                                                                                      the inflatable-lap-belt-activation system
                                              incorrectly buckled or incorrectly                                                                             This action is intended to promote the
                                                                                                      prior to each flight, or it must be
                                              installed such that the inflatable lap belt                                                                    goals and objectives of the Magnuson-
                                                                                                      demonstrated to reliably operate
                                              would not properly deploy.                                                                                     Stevens Fishery Conservation and
                                                                                                      between inspection intervals.
                                              Alternatively, it must be shown that                       14. The inflatable material may not                 Management Act, the Fishery
                                              such deployment is not hazardous to the                 have an average burn rate of greater than              Management Plan for Groundfish of the
                                              occupant, and will provide the required                 2.5 inches per minute when tested using                Gulf of Alaska, and the Fishery
                                              head-injury protection.                                 the horizontal-flammability test as                    Management Plan for Groundfish of the
                                                 4. The inflatable lap-belt system must               defined in 14 CFR part 25, appendix F,                 Bering Sea and Aleutian Islands
                                              be shown not to be susceptible to                       section I(b)(5).                                       Management Area, and other applicable
                                              inadvertent deployment as a result of                      15. The airbag system in the lap belt,              law.
                                              wear and tear, or inertial loads resulting              once deployed, must not adversely                      DATES: Effective July 30, 2018.
                                              from in-flight or ground maneuvers                      affect the emergency-lighting system                   ADDRESSES: Electronic copies of the
                                              (including gusts and hard landings),                    (i.e., block floor-proximity lights to the             Regulatory Impact Review (RIR) and the
                                              likely to be experienced in service.                    extent that the lights no longer meet                  Categorical Exclusion prepared for this
                                                 5. Deployment of the inflatable lap                  their intended function).                              action are available from
                                              belt must not introduce injury                            Issued in Des Moines, Washington, on June            www.regulations.gov or from the NMFS
                                              mechanisms to the seated occupant, nor                  25, 2018.                                              Alaska Region website at
                                              result in injuries that could impede                    Victor Wicklund,                                       alaskafisheries.noaa.gov. All public
                                              rapid egress. This assessment should                    Manager, Transport Standards Branch, Policy            comment letters submitted during the
                                              include an occupant who is in the brace                 and Innovation Division, Aircraft                      comment period may be obtained from
                                              position when it deploys, and an                        Certification Service.                                 www.regulations.gov/#!docketDetail;D=
                                              occupant whose inflatable lap belt is                   [FR Doc. 2018–13999 Filed 6–28–18; 8:45 am]            NOAA-NMFS-2017-0071.
                                              loosely fastened.                                       BILLING CODE 4910–13–P
                                                                                                                                                               Written comments regarding the
                                                 6. An inadvertent deployment that                                                                           burden-hour estimates or other aspects
                                              could cause injury to a standing or                                                                            of the collection-of-information
                                              sitting person must be shown to be                                                                             requirements contained in this final rule
                                                                                                      DEPARTMENT OF COMMERCE
                                              improbable.                                                                                                    may be submitted by mail to NMFS
                                                 7. It must be shown that inadvertent                 National Oceanic and Atmospheric                       Alaska Region, P.O. Box 21668, Juneau,
                                              deployment of the airbag system in the                  Administration                                         AK 99802–1668, Attn: Ellen Sebastian,
                                              lap belt, during the most critical part of                                                                     Records Officer; in person at NMFS
                                              the flight, either will not cause a hazard              15 CFR Part 902                                        Alaska Region, 709 West 9th Street,
                                              to the airplane or its occupants, or meets                                                                     Room 420A, Juneau, AK; and to OIRA
                                              the requirement of § 25.1309(b).                        50 CFR Part 679                                        by email to OIRA_Submission@
                                                 8. The inflatable lap belt must be                                                                          omb.eop.gov or by fax to 202–395–5806.
                                              shown to not impede rapid egress of                     [Docket No. 170621579–8522–02]
                                                                                                                                                             FOR FURTHER INFORMATION CONTACT:
                                              occupants 10 seconds after its                          RIN 0648–BG96                                          Alicia M Miller, (907) 586–7228 or
                                              deployment.                                                                                                    alicia.m.miller@noaa.gov.
                                                 9. The inflatable lap-belt system must               Fisheries of the Exclusive Economic                    SUPPLEMENTARY INFORMATION:
                                              be protected from lightning and HIRF.                   Zone Off Alaska; Nontrawl Lead Level
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                                              The threats specified in existing                       2 Observers                                            Authority for Action
                                              regulations regarding lightning,                        AGENCY:  National Marine Fisheries                        NMFS manages the groundfish
                                              § 25.1316, and HIRF, § 25.1317, are                     Service (NMFS), National Oceanic and                   fisheries in the exclusive economic zone
                                              incorporated by reference for the                       Atmospheric Administration (NOAA),                     under the Fishery Management Plan for
                                              purpose of measuring lightning and                      Commerce.                                              Groundfish of the Gulf of Alaska (GOA
                                              HIRF protection. For the purposes of                                                                           FMP) and under the Fishery
                                                                                                      ACTION: Final rule.
                                              complying with HIRF requirements, the                                                                          Management Plan for Groundfish of the


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                                                                   Federal Register / Vol. 83, No. 126 / Friday, June 29, 2018 / Rules and Regulations                                         30529

                                              Bering Sea and Aleutian Islands                         endorsement for the Bering Sea,                        This Final Rule
                                              Management Area (BSAI FMP). The                         Aleutian Islands, or both the Bering Sea
                                              North Pacific Fishery Management                                                                                  This final rule includes three
                                                                                                      and Aleutian Islands (BSAI). These
                                              Council (Council) prepared the FMPs                                                                            elements. The first element implements
                                                                                                      vessels are subject to monitoring
                                              under the authority of the Magnuson-                                                                           new sampling experience requirements
                                                                                                      requirements at 50 CFR 679.100 and are                 for an observer to obtain a nontrawl LL2
                                              Stevens Fishery Conservation and                        referred to as ‘‘freezer longline vessels’’
                                              Management Act (Magnuson-Stevens                                                                               deployment endorsement. These
                                                                                                      throughout this final rule. Pursuant to                sampling requirements allow sampling
                                              Act), 16 U.S.C. 1801 et seq. Regulations                50 CFR 679.100, a freezer longline
                                              governing U.S. fisheries and                                                                                   experience on a trawl catcher/processor
                                                                                                      vessel must carry an observer with a                   or mothership vessel to count toward a
                                              implementing the FMPs appear at 50                      nontrawl LL2 deployment endorsement
                                              CFR parts 600 and 679.                                                                                         nontrawl LL2 deployment endorsement.
                                                                                                      when the vessel (1) operates in either                 These requirements also authorize the
                                                NMFS published the proposed rule
                                                                                                      the BSAI or Gulf of Alaska groundfish                  Observer Program to require additional
                                              for this action on December 27, 2017 (82
                                                                                                      fisheries and directed fishing for Pacific             training for observers as necessary to
                                              FR 61243), with comments invited
                                              through January 26, 2018.                               cod is open in the BSAI, or (2) when the               adequately prepare them to safely
                                                NMFS received five comment letters                    vessel participates in the CDQ                         perform data collection duties relevant
                                              during the applicable comment period.                   groundfish fisheries. These monitoring                 to the nontrawl LL2 deployment
                                              Four of these comment letters were on                   requirements for freezer longline vessels              endorsement.
                                              topics that were outside the scope of                   were implemented in 2012 and require                      The second element of this final rule
                                              this action. One comment letter                         freezer longline vessel owners and                     requires the operator or manager of a
                                              addressed the proposed rule and                         operators to select between one of two                 vessel that carries nontrawl LL2
                                              contained five substantive comments                     monitoring options: Either carry two                   observers to participate in a pre-cruise
                                              which are summarized and responded                      observers so that all catch can be                     meeting with the observer assigned to
                                              to under the heading ‘‘Response to                      sampled, or carry one observer and use                 the vessel if notified to do so by NMFS.
                                              Comments’’ below.                                       a motion-compensated flow scale to                     This final rule requires freezer longline
                                                A detailed review of the provisions of                weigh Pacific cod before it is processed.              vessels and pot catcher/processors when
                                              the regulations to modify specific                      Both monitoring options require the                    groundfish CDQ fishing to notify the
                                              provisions of the North Pacific Observer                vessel to carry one observer endorsed as               Observer Program prior to embarking on
                                              Program (Observer Program) and the                      a nontrawl LL2 observer (77 FR 59053;                  a trip with a nontrawl LL2 observer who
                                              rationale for these regulations are                     September 26, 2012).                                   has not deployed on that vessel in the
                                              provided in the preamble to the                                                                                past 12 months. Subsequently, the
                                              proposed rule (82 FR 61243, December                       The second group of vessels that is
                                                                                                      required to carry an observer with a                   Observer Program may contact the
                                              27, 2017) and are briefly summarized in                                                                        vessel and require the vessel operator or
                                              this final rule.                                        nontrawl LL2 deployment endorsement
                                                                                                                                                             manager and the observer assigned to
                                                                                                      includes catcher/processors that use pot
                                              Background                                                                                                     the vessel to participate in a pre-cruise
                                                                                                      gear when participating in the CDQ
                                                                                                                                                             meeting prior to embarking on a trip.
                                                 Regulations at subpart E of 50 CFR                   groundfish fisheries (groundfish CDQ
                                              part 679 require that most vessels                      fishing) (77 FR 6492; February 8, 2012).                  The third element of this final rule
                                              fishing for groundfish or halibut must                  These pot catcher/processors are                       removes duplicative and unnecessary
                                              carry an observer for some or all fishing               required to carry an observer with a                   reporting requirements and makes
                                              activities to ensure the collection of data             nontrawl LL2 deployment endorsement                    minor changes to reduce observer
                                              necessary to manage the groundfish and                                                                         requirements for specific vessels
                                                                                                      when groundfish CDQ fishing and may
                                              halibut fisheries.                                                                                             participating in the CDQ Program.
                                                                                                      participate in other fisheries that do not
                                                 The Observer Program is an integral                  require a nontrawl LL2 observer.                       Response to Comments
                                              component in the management of North                    Regulations at 50 CFR 679.32 describe
                                              Pacific fisheries. The Observer Program                 the specific monitoring requirements for                  NMFS received five comment letters
                                              has two observer coverage categories:                                                                          during the comment period. Four of
                                                                                                      vessels when participating in the
                                              Partial and full. Regulations at 50 CFR                                                                        these comment letters were outside the
                                                                                                      sablefish CDQ, pollock CDQ, and other
                                              679.51 require vessels and processors in                                                                       scope of this action. These letters raised
                                                                                                      groundfish CDQ fisheries.
                                              the full coverage category to carry an                                                                         issues not relevant to this rulemaking
                                                                                                         Since 2014, observer providers                      and are not addressed in this final rule.
                                              observer at all times when fish are
                                              caught or processed. This final rule                    contracted by vessels in the full                      One comment letter directly addressed
                                              affects catcher/processors in the full                  coverage category have reported that                   the proposed rule and contained five
                                              coverage category (i.e., vessels that catch             they have been unable to create and                    substantive comments that are
                                              and process their own catch at-sea), and                retain an adequate pool of qualified                   summarized and responded to below.
                                              all motherships (i.e., those vessels that               nontrawl LL2 observers resulting in a                  This comment letter was from the
                                              receive unsorted catch from other                       diminishing pool of qualified observers                Freezer Longline Coalition (FLC) that
                                              vessels and process that catch at-sea).                 employed by those observer providers.                  represents members of the Freezer
                                              Owners of vessels or processors in the                  The requirements in this final rule are                Longline Conservation Cooperative
                                              full coverage category must contract                    intended to increase the number of                     (FLCC), which includes freezer longline
                                              directly with a permitted observer                      observers that qualify for a nontrawl                  vessels impacted by this action.
                                              provider and pay for required observer                  LL2 deployment endorsement and                            Comment 1: We support
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                                              coverage. Two groups of vessels are                     thereby minimize additional costs to                   implementing new requirements for an
                                              required to carry an observer with a                    affected entities for an observer to                   observer to obtain a nontrawl LL2
                                              nontrawl LL2 deployment endorsement.                    obtain a nontrawl LL2 deployment                       deployment endorsement, and for the
                                                 The first group of vessels includes                  endorsement. This final rule also                      operator or manager of a vessel required
                                              vessels named on a License Limitation                   implements provisions that are intended                to carry an observer with a nontrawl
                                              Program license with a Pacific cod                      to maintain observer safety and data                   LL2 deployment endorsement to
                                              catcher/processor hook-and-line                         quality.                                               participate in a pre-cruise meeting with


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                                              30530                Federal Register / Vol. 83, No. 126 / Friday, June 29, 2018 / Rules and Regulations

                                              the observer if notified by NMFS to do                  then multiplied that total by the number               cooperatives in the North Pacific since
                                              so.                                                     of trips for which a freezer longline                  at least 2001 (66 FR 65028; December
                                                 Response: NMFS acknowledges this                     vessel voluntarily carried a second                    17, 2001). NMFS has applied this same
                                              comment.                                                observer to obtain the total annual                    determination to vessels and processors
                                                 Comment 2: We agree that increasing                  estimated cost.                                        in fishing cooperatives under the
                                              the number of observers that may                           NMFS expects that the cost for an                   American Fisheries Act, the Crab
                                              qualify for a nontrawl LL2 deployment                   observer with the requisite experience                 Rationalization Program, the
                                              endorsement will reduce costs to vessel                 aboard a vessel using trawl gear to                    Amendment 80 Program, the Gulf of
                                              owners required to carry a nontrawl LL2                 obtain a LL2 deployment endorsement                    Alaska Rockfish Program, and for the
                                              endorsed observer.                                      through a two to three day training                    FLCC.
                                                 Response: NMFS acknowledges this                     course will be significantly lower than                   The FLCC is a registered active non-
                                              comment.                                                the cost associated with a 30-day                      profit corporation in the State of
                                                 Comment 3: NMFS’ proposed rule did                   deployment. Based on the best available                Washington and, through the FLC,
                                              not include sufficient explanation about                scientific information, NMFS                           maintains an active website identifying
                                              how the implementation of the nontrawl                  anticipates that providing at least one                all member vessels (http://www.freezer
                                              LL2 observer training class will result in              nontrawl LL2 observer training class                   longlinecoalition.com/members.html).
                                              enough observers receiving a nontrawl                   annually will meet the demand for                      In addition, the FLC affirms that the
                                              LL2 deployment endorsement to                           additional nontrawl LL2 deployment                     FLCC operates as a voluntary fishery
                                              minimize additional costs to the                        endorsements, and freezer longline                     cooperative in its letter of comment on
                                              industry.                                               vessels will not need to voluntarily                   the proposed rule by stating that ‘‘All
                                                 Response: NMFS disagrees. The                        carry a second observer and incur                      members of the FLC [Freezer Longline
                                              preamble to the proposed rule includes                  associated additional costs.                           Coalition] are also members of the
                                              a description of the minimum and                           In addition, the Observer Program                   Freezer Longline Conservation
                                              potential maximum demand for                            routinely determines the training                      Cooperative (FLCC), a voluntary fishing
                                              nontrawl LL2 observer training classes                  necessary for an observer to receive                   cooperative established in 2010.’’
                                              (82 FR 61243, December 27, 2017). As                    certification, annual endorsements and                    Thus, NMFS maintains that the
                                              described in the preamble to the                        deployment endorsements, and                           members of the FLCC are recognized as
                                              proposed rule and the RIR, observer                     responds to requests from observer                     members of a voluntary fishing
                                              providers and representatives of freezer                providers to schedule training classes at              cooperative with a single identity of
                                              longline vessels reported shortages in                  NMFS facilities. The Observer Program                  interest in the harvest of the annual
                                              2014 of nontrawl LL2 observers on                       may adjust the number of nontrawl LL2                  allocation of Pacific cod to the BSAI
                                              freezer longline vessels, and that this                 training classes offered each year if                  freezer longline vessels such that
                                              shortage resulted in delayed fishing                    required to meet demand.                               interests should be aggregated for the
                                              operations in some cases. This final rule                  Comment 4: NMFS should not apply                    purpose of analysis prepared under the
                                              provides a path for observers with                      the Small Business Administration                      RFA. The contractual relationship
                                              sampling experience on trawl vessels to                 (SBA) principles of affiliation for the                among vessels in the cooperative allows
                                              qualify for a nontrawl LL2 deployment                   purpose of determining if members of                   members to work together to more
                                              endorsement. NMFS expects this to                       the FLCC are considered small entities                 efficiently harvest fishery allocations.
                                              increase the availability of qualified                  under the Regulatory Flexibility Act                   The ability to plan ahead, cooperate in
                                              nontrawl LL2 observers, which would                     (RFA). In addition, SBA’s principles are               harvest decisions, and share some
                                              reduce the potential for delayed fishing                not the best guide for considering                     expenses constitutes a degree of
                                              operations and would reduce costs                       affiliation for RFA analyses performed                 economic dependence not available to
                                              associated with delays, such as costs for               by NMFS.                                               independent fishing vessels. In
                                              crew time, food, and missed fishing                        Response: NMFS disagrees. Under                     addition, the conclusion that the
                                              opportunities. Section 4.3.2 and Table                  Executive Order 13272, signed on                       members of the FLCC are affiliated for
                                              16 of the RIR and the preamble to the                   August 13, 2002, the SBA’s Office of                   purposes of the RFA is consistent with
                                              proposed rule include additional                        Advocacy is directed to provide Federal                previous actions implemented since the
                                              information about the costs to industry                 agencies with training and information                 formation of the FLCC in 2010 and
                                              created by a shortage of nontrawl LL2                   on how to comply with the RFA. The                     impacting the same fleet prosecuting the
                                              observers.                                              SBA provides information about how to                  same resources (77 FR 59053,
                                                 In addition, the proposed rule cites                 comply with the RFA through its                        September 26, 2012; 77 FR 58775,
                                              the best scientific information available,              regulations at 13 CFR part 121 and                     September 24, 2012; 79 FR 603, January
                                              and Section 3.3.5 of the RIR provided a                 guidance posted on its website at                      6, 2014; 79 FR 68610, November 18,
                                              description of the estimated costs to the               www.sba.gov. Therefore, it is                          2014).
                                              freezer longline fleet due to the shortage              appropriate for NMFS to apply                             Comment 5: NMFS incorrectly
                                              of nontrawl LL2 endorsed observers.                     regulations and guidelines developed by                classifies freezer longline vessels as
                                              Specifically, Section 3.3.5 of the RIR                  the SBA in classifying entities for RFA                predominantly engaged in fish
                                              summarizes the costs of voluntarily                     analyses.                                              harvesting rather than fish processing
                                              carrying a second observer to allow the                    Based on the contractual                            for the purpose of analysis required
                                              observer to gain experience required for                relationships, recognized since the                    under the RFA. The commenter asserts
                                              a nontrawl LL2 deployment                               formation of the FLCC in August 2010,                  that catcher/processors should be
                                              endorsement. That cost is estimated to                  NMFS determined that all members of                    classified as predominantly involved in
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                                              be $11,130 per observer for a 30-day                    the FLCC are affiliated as described                   fish processing and the associated
                                              trip. NMFS estimated this cost per trip                 under 13 CFR 121.103(f) for the purpose                threshold of employing 750 or fewer
                                              by using information provided in Table                  of analyses prepared under the RFA.                    persons on a full-time, part-time,
                                              16 of the RIR. NMFS multiplied the                      This application of the SBA principles                 temporary, or other basis, at all affiliated
                                              estimated length of a freezer longline                  of affiliation is consistent with how                  operations worldwide should be applied
                                              trip (30 days) by the estimated cost per                NMFS has applied this size standard to                 to determine if an entity is considered
                                              day to deploy an observer ($371). NMFS                  vessels and processors in fishing                      small under the RFA.


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                                                                   Federal Register / Vol. 83, No. 126 / Friday, June 29, 2018 / Rules and Regulations                                           30531

                                                 Response: NMFS disagrees. As                         be replaced with the term ‘‘Observer                   Observer Program. The first element
                                              described in the response to Comment                    Program’’ by including § 679.52(a)(2),                 modifies sampling experience
                                              4, all freezer longline vessels impacted                (b)(1)(iii)(A), (b)(2)(iv), (b)(3)(ii)(B), and         requirements for an observer to obtain a
                                              by this action are members of the FLCC.                 (b)(8) introductory text. These                        nontrawl LL2 deployment endorsement.
                                              In a letter received by NMFS on May 19,                 paragraphs were inadvertently                          The second element requires the
                                              2011 from the FLCC, the FLCC describes                  incorrectly listed in the table as                     operator or manager of a vessel required
                                              itself as a voluntary fishing cooperative               paragraphs of § 679.51 in the proposed                 to carry an observer with a nontrawl
                                              with the purpose of ‘‘promoting,                        rule.                                                  LL2 deployment endorsement to
                                              fostering, and encouraging the                                                                                 participate in a pre-cruise meeting when
                                                                                                      OMB Revisions to PRA References in 15
                                              intelligent and orderly harvest of Pacific                                                                     notified to do so by NMFS. The third
                                                                                                      CFR 902.1(b)
                                              cod and other groundfish species in the                                                                        element removes duplicative and
                                              Bering Sea/Aleutian Islands longline                       Section 3507(c)(B)(i) of the Paperwork              unnecessary reporting requirements and
                                              fisheries off Alaska . . .’’ The FLCC’s                 Reduction Act (PRA) requires that                      makes minor changes to reduce or
                                              description of its members refers to                    agencies inventory and display a current               remove observer-related requirements
                                              coordinating the harvest of finfish and                 control number assigned by the Director                for specific vessels when participating
                                              does not refer to processing as a primary               of the Office of Management and Budget                 in the CDQ Program.
                                              activity. Further, the members of the                   (OMB), for each agency information                        This action directly regulates
                                              FLCC have exclusive harvesting rights                   collection. Section 902.1(b) identifies                observers and owners and operators of
                                              to the annual allocation in the BSAI to                 the location of NOAA regulations for                   the following vessels: (1) Freezer
                                              the defined class of longline catcher/                  which OMB control numbers have been                    longline vessels that participate in the
                                              processor subsector participants rather                 issued. Because this final rule revises                BSAI hook-and-line Pacific cod fishery;
                                              than exclusive processing rights.                       and adds data elements within a                        and (2) pot catcher/processors, trawl
                                              Additionally, none of the FLCC                          collection-of-information for                          catcher/processors, nontrawl catcher/
                                              members purchase unprocessed catch                      recordkeeping and reporting                            processors, and motherships when
                                              for the sole purpose of increasing                      requirements, this final rule includes                 groundfish CDQ fishing. For reasons
                                              processing activity; therefore, the                     revisions to 15 CFR 902.1(b) to correctly              explained in more detail in the IRFA
                                              processing activity of an individual                    reference the control number and                       and in responses to Comment 4 and
                                              freezer longline vessel is limited by its               associated regulation sections included                Comment 5 in the preamble to this final
                                              harvesting activity. Without the primary                in this final rule.                                    rule, NMFS has determined that there
                                              harvesting activity, the secondary                                                                             are no small entities directly regulated
                                                                                                      Classification
                                              processing activity does not occur. For                                                                        by this final rule.
                                              these reasons, NMFS affirms its                            The Administrator, Alaska Region,                      In addition, this action is expected to
                                              determination that, for purposes of RFA                 NMFS, has determined that this final                   reduce the cost for vessels to comply
                                              analyses, the freezer longline vessels                  rule is necessary for the conservation                 with observer coverage requirements
                                              affected by this action are primarily                   and management of the groundfish                       and is not expected to impose
                                              engaged in commercial fishing.                          fishery and is consistent with the GOA                 significant costs of complying with new
                                              Therefore, it is appropriate for NMFS to                and BSAI FMPs, the Magnuson-Stevens                    reporting requirements. This action will
                                              classify freezer longline vessels in the                Act, and other applicable law.                         benefit all affected vessels by increasing
                                              commercial fishing industry category                       This final rule has been determined to              the number of observers that may
                                              (NAICS 11411), and to apply the small                   be not significant for the purposes of                 qualify for a nontrawl LL2 deployment
                                              business size standard of $11 million in                Executive Order 12866.                                 endorsement and will remove observer-
                                              annual gross receipts to the group of                      The Chief Counsel for Regulation of                 related requirements for specific vessels
                                              affiliated vessels.                                     the Department of Commerce certified                   when participating in the CDQ Program.
                                                                                                      to the Chief Counsel for Advocacy of the                  For all of these reasons, this action is
                                              Changes From Proposed to Final Rule                     Small Business Administration (SBA)                    not expected to have a significant
                                                 NMFS made three changes to this                      that this final rule will not have a                   economic impact on a substantial
                                              final rule. These changes provide minor                 significant economic impact on a                       number of small entities. As a result, a
                                              clarifications that do not substantively                substantial number of small entities.                  final regulatory flexibility analysis is not
                                              modify the regulations as proposed.                     NMFS published a proposed rule on                      required, and none has been prepared.
                                                 The first change adds the word                       December 27, 2017 (82 FR 61243). An                    The economic analysis contained in the
                                              ‘‘either’’ and the regulatory text in                   IRFA was prepared and included in the                  RIR (see ADDRESSES) and in the IRFA
                                              paragraph (a)(5)(v)(C)(4) of the proposed               ‘‘Classification’’ section of the preamble             included in the ‘‘Classification’’ section
                                              rule to paragraph § 679.53(a)(5)(v)(C)(3)               to the proposed rule. The comment                      of the proposed rule prepared for this
                                              to clarify that either one of the two                   period closed on January 26, 2018.                     action further describes the regulatory
                                              minimum sampling experience                             NMFS received five letters of comment                  and operational characteristics of the
                                              requirements may satisfy one of the                     on the proposed rule. One comment                      affected vessels, including the history of
                                              three conditions set forth in paragraph                 letter contained two comments on the                   this action, and the details of the
                                              (a)(5)(v)(C) necessary to deploy as a                   IRFA, which are summarized in the                      alternatives considered for this action,
                                              nontrawl lead level 2 observer.                         ‘‘Response to Comments’’ section                       including the preferred alternative.
                                                 The second change adds the words                     (Comments 4 and 5). The comments on
                                              ‘‘at least’’ to § 679.53(a)(5)(v)(C)(3) to              the IRFA were considered by NMFS in                    Collection-of-Information Requirements
                                              clarify that at least 100 or more sampled               the decision to certify this final rule.                 This final rule contains collection-of-
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                                              hauls on catcher/processors using trawl                 The Chief Counsel for Advocacy of the                  information requirements subject to the
                                              gear satisfies the minimum sampling                     SBA did not file any comments on the                   Paperwork Reduction Act (PRA) and
                                              experience requirement specified in this                proposed rule.                                         which have been approved by the Office
                                              paragraph.                                                 The factual basis for certification of              of Management and Budget (OMB)
                                                 The third change correctly identifies                this final rule is described below. This               under OMB control number 0648–0318
                                              the locations in 50 CFR part 679 where                  action includes three elements that                    (North Pacific Observer Program). The
                                              the term ‘‘Observer Program Office’’ will               modify specific provisions of the                      public reporting burden for these


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                                              30532                Federal Register / Vol. 83, No. 126 / Friday, June 29, 2018 / Rules and Regulations

                                              collection-of-information requirements                  order for ‘‘679.100(a)’’ and ‘‘679.100(b)’’                    § 679.32 Groundfish and halibut CDQ
                                              includes the time for reviewing                         to read as follows:                                            catch monitoring.
                                              instructions, searching existing data                                                                                  *     *     *     *    *
                                              sources, gathering and maintaining the                  § 902.1 OMB control numbers assigned                             (c) * * *
                                                                                                      pursuant to the Paperwork Reduction Act.
                                              data needed, and completing and                                                                                          (3) * * *
                                              reviewing the collection of information.                *       *    *            *          *                           (i) * * *
                                                 This final rule will require that the                    (b) * * *                                                    (E) * * *
                                              Observer Program be notified by phone                                                                                    (4) Notify the Observer Program by
                                              at least 24 hours prior to departure                    CFR part or section                                            phone at 1 (907) 581–2060 (Dutch
                                                                                                                                           Current OMB control
                                                                                                      where the information
                                              when a vessel will carry an observer                    collection requirement               number (all numbers       Harbor, AK) or 1 (907) 481–1770
                                              who has not deployed on that vessel in                                                       begin with 0648–)         (Kodiak, AK) at least 24 hours prior to
                                                                                                      is located
                                              the past 12 months. Public reporting                                                                                   departure when the vessel will be
                                              burden per response to notify the                                                                                      carrying an observer who has not
                                              Observer Program by phone is estimated                     *              *              *           *          *      previously been deployed on that vessel
                                                                                                      50 CFR:                                                        within the last 12 months. Subsequent
                                              to be five minutes.
                                                 Send comments on these burden                                                                                       to the vessel’s departure notification,
                                                                                                         *         *              *       *                   *
                                              estimates or any other aspect of this data              679.84(c)(7) ............... ¥0318.                            but prior to departure, NMFS may
                                              collection, including suggestions for                                                                                  contact the vessel to arrange for a pre-
                                              reducing the burden, to NMFS Alaska                        *         *              *       *                   *      cruise meeting. The pre-cruise meeting
                                              Region (see ADDRESSES), and by email to                 679.93(c)(7) ............... ¥0318.                            must minimally include the vessel
                                              OIRA_Submission@omb.eop.gov, or by                                                                                     operator or manager and any observers
                                              fax to (202) 395–5806.                                     *         *              *      *        *                  assigned to the vessel.
                                                 Notwithstanding any other provision                  679.100(a) ................. ¥0330 and ¥0515.
                                                                                                                                                                     *     *     *     *    *
                                              of the law, no person is required to                    679.100(b) ................. ¥0318, ¥0330, and
                                                                                                                                    ¥0515.                           ■ 6. Revise the heading of subpart E to
                                              respond to, and no person shall be                                                                                     read as follows:
                                              subject to penalty for failure to comply                      *           *              *           *          *
                                              with, a collection of information subject                                                                              Subpart E—North Pacific Observer
                                              to the requirements of the PRA, unless                  *          *      *       *          *                         Program
                                              that collection of information displays a
                                              currently valid OMB control number.                     Title 50—Wildlife and Fisheries                                ■ 7. In § 679.50, revise paragraph (a)(2)
                                              All currently approved NOAA                                                                                            to read as follows:
                                              collections of information may be                       PART 679—FISHERIES OF THE
                                                                                                      EXCLUSIVE ECONOMIC ZONE OFF                                    § 679.50   Applicability.
                                              viewed at http://www.cio.noaa.gov/
                                              services_programs/prasubs.html.                         ALASKA                                                            (a) * * *
                                                                                                                                                                        (2) Exceptions. A catcher vessel is not
                                              List of Subjects                                        ■ 3. The authority citation for part 679                       subject to the requirements of this
                                                                                                      continues to read as follows:                                  subpart when delivering unsorted
                                              15 CFR Part 902
                                                                                                        Authority: 16 U.S.C. 773 et seq.; 1801 et                    codends to a mothership.
                                                Reporting and recordkeeping                           seq.; 3631 et seq.; Pub. L. 108–447; Pub. L.
                                              requirements.                                                                                                          *      *    *      *    *
                                                                                                      111–281.
                                                                                                                                                                     ■ 8. In § 679.51, revise paragraph
                                              50 CFR Part 679                                         ■ 4. In § 679.2:                                               (a)(2)(vi)(A)(5) to read as follows:
                                                Alaska, Fisheries, Recordkeeping and                  ■ a. Remove the definition for
                                                                                                                                                                     § 679.51 Observer and Electronic
                                              reporting requirements.                                 ‘‘Observer Program Office’’; and                               Monitoring System requirements for
                                                Dated: June 26, 2018.                                 ■ b. Add the definitions for ‘‘Cruise’’                        vessels and plants.
                                              Samuel D. Rauch, III,                                   and ‘‘Observer Program’’ in alphabetical
                                                                                                                                                                        (a) * * *
                                                                                                      order to read as follows:
                                              Deputy Assistant Administrator for                                                                                        (2) * * *
                                              Regulatory Programs, National Marine                    § 679.2        Definitions.                                       (vi) * * *
                                              Fisheries Service.                                                                                                        (A) * * *
                                                                                                      *     *      *      *      *
                                                For the reasons set out in the                           Cruise means an observer deployment                            (5) Motherships. A mothership that
                                              preamble, NMFS amends 15 CFR part                       with a unique cruise number. A cruise                          receives unsorted codends from catcher
                                              902 and 50 CFR part 679 as follows:                     begins when an observer receives an                            vessels groundfish CDQ fishing must
                                                                                                      endorsement to deploy and ends when                            have at least two observers aboard the
                                              Title 15—Commerce and Foreign Trade                                                                                    mothership, at least one of whom must
                                                                                                      the observer completes all debriefing
                                              PART 902—NOAA INFORMATION                               responsibilities.                                              be endorsed as a lead level 2 observer.
                                              COLLECTION REQUIREMENTS UNDER                                                                                          More than two observers must be aboard
                                                                                                      *     *      *      *      *                                   if the observer workload restriction
                                              THE PAPERWORK REDUCTION ACT:                               Observer Program means the
                                              OMB CONTROL NUMBERS                                                                                                    would otherwise preclude sampling as
                                                                                                      administrative office of the North                             required.
                                                                                                      Pacific Observer Program located at the
                                              ■ 1. The authority citation for part 902                Alaska Fisheries Science Center (See                           *      *    *     *   *
                                              continues to read as follows:                           § 679.51(c)(3) for contact information).                       ■ 9. In § 679.53:
                                                  Authority: 44 U.S.C. 3501 et seq.                                                                                  ■ a. Remove and reserve paragraph
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                                                                                                      *     *      *      *      *
                                                                                                                                                                     (a)(5)(v)(B); and
                                              ■  2. In § 902.1, in the table in paragraph             ■ 5. In § 679.32:                                              ■ b. Revise paragraph (a)(5)(v)(C) to read
                                              (b), under the entry ‘‘50 CFR’’, add                    ■ a. Remove and reserve paragraphs                             as follows:
                                              entries in alphanumeric order for                       (c)(3)(i)(B)(2), (c)(3)(i)(C)(2), and
                                              ‘‘679.84(c)(7)’’ and ‘‘679.93(c)(7)’’;                  (c)(3)(i)(E)(2); and                                           § 679.53 Observer certification and
                                              remove the entry for ‘‘679.100 (a) and                  ■ b. Add paragraph (c)(3)(i)(E)(4) to read                     responsibilities.
                                              (b)’’; and add entries in alphanumeric                  as follows:                                                        (a) * * *


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                                                                          Federal Register / Vol. 83, No. 126 / Friday, June 29, 2018 / Rules and Regulations                                                                                      30533

                                                 (5) * * *                                                               (2) Successfully completed training or                                §§ 679.51, 679.52, and 679.53                   [Amended]
                                                 (v) * * *                                                            briefing as prescribed by the Observer
                                                                                                                      Program; and                                                             ■  10. In the table below, for each section
                                                 (C) A lead level 2 observer on a vessel                                 (3) Either sampled at least 30 sets on                                indicated in the ‘‘Location’’ column,
                                              using nontrawl gear must have                                           a vessel using nontrawl gear or sampled                                  remove the phrase indicated in the
                                              completed the following:                                                at least 100 hauls on a catcher/processor                                ‘‘Remove’’ column from wherever it
                                                 (1) Two observer cruises (contracts) of                              using trawl gear or on a mothership.                                     appears in the section and add the word
                                              at least 10 days each;                                                  *      *    *     *    *                                                 indicated in the ‘‘Add’’ column:

                                                                                     Location                                                                Remove                                               Add                           Frequency

                                              § 679.51(a)(2)(vi)(B)(1),           (a)(2)(vi)(B)(3),              (a)(2)(vi)(B)(4),          certified ...................................     endorsed .................................                    1
                                                 (a)(2)(vi)(C),     (a)(2)(vi)(D)(1),              (a)(2)(vi)(D)(2),               and
                                                 (a)(2)(vi)(E)(1).
                                              § 679.51(c)(3) ............................................................................   Observer Program Office ........                  Observer Program ..................                           1
                                              § 679.52(a)(2), (b)(1)(iii)(A), (b)(2)(iv), (b)(3)(ii)(B), and (b)(8)                         Observer Program Office ........                  Observer Program ..................                           1
                                                 introductory text.
                                              § 679.52(b)(11) introductory text ...............................................             Observer Program Office ........                  Observer Program ..................                           2
                                              § 679.52(b)(11)(i) introductory text, (b)(11)(ii), (b)(11)(iii), and                          Observer Program Office ........                  Observer Program ..................                           1
                                                 (b)(11)(vi) introductory text.
                                              § 679.52(b)(11)(vii) introductory text .........................................              Observer Program Office ........                  Observer Program ..................                           3
                                              § 679.52(b)(11)(viii)        introductory             text,         (b)(11)(viii)(A),         Observer Program Office ........                  Observer Program ..................                           1
                                                 (b)(11)(ix), (b)(11)(x) introductory text, and (b)(12).
                                              § 679.53(a)(1) ............................................................................   Observer Program Office ........                  Observer Program ..................                           1
                                              § 679.53(a)(5)(v) introductory text, and (a)(5)(v)(A) .................                       ‘‘lead’’ ......................................   lead .........................................                1
                                              § 679.53(b)(2)(i) ........................................................................    Observer Program Office ........                  Observer Program ..................                           1



                                              ■ 11. In § 679.84, revise paragraph (c)(7)                              cruise meeting. The pre-cruise meeting                                   must minimally include the vessel
                                              to read as follows:                                                     must minimally include the vessel                                        operator or manager and any observers
                                                                                                                      operator or manager and any observers                                    assigned to the vessel.
                                              § 679.84 Rockfish Program                                               assigned to the vessel.
                                              Recordkeeping, permits, monitoring, and                                                                                                          *     *    *     *     *
                                              catch accounting.                                                       *     *     *     *      *                                               [FR Doc. 2018–14071 Filed 6–28–18; 8:45 am]

                                              *     *     *     *     *                                               ■ 13. In § 679.100, add paragraphs                                       BILLING CODE 3510–22–P

                                                (c) * * *                                                             (b)(1)(v) and (b)(2)(i)(E) to read as
                                                (7) Pre-cruise meeting. The Observer                                  follows:
                                              Program is notified by phone at 1 (907)                                                                                                          COMMODITY FUTURES TRADING
                                                                                                                      § 679.100        Applicability.
                                              481–1770 (Kodiak, AK) at least 24 hours                                                                                                          COMMISSION
                                                                                                                      *     *     *     *    *
                                              prior to departure when the vessel will                                   (b) * * *
                                              be carrying an observer who has not                                                                                                              17 CFR Part 1
                                                                                                                        (1) * * *
                                              previously been deployed on that vessel                                   (v) The Observer Program is notified                                   RIN 3038–AD53
                                              within the last 12 months. Subsequent                                   by phone at 1 (907) 581–2060 (Dutch
                                              to the vessel’s departure notification,                                 Harbor, AK) or 1 (907) 481–1770                                          Adaptation of Regulations to
                                              but prior to departure, NMFS may                                        (Kodiak, AK) at least 24 hours prior to                                  Incorporate Swaps; Correction
                                              contact the vessel to arrange for a pre-                                departure when the vessel will be                                        AGENCY:  Commodity Futures Trading
                                              cruise meeting. The pre-cruise meeting                                  carrying an observer who has not                                         Commission.
                                              must minimally include the vessel                                       previously been deployed on that vessel
                                              operator or manager and any observers                                                                                                            ACTION: Correcting amendments.
                                                                                                                      within the last 12 months. Subsequent
                                              assigned to the vessel.                                                 to the vessel’s departure notification,                                  SUMMARY:   On November 2, 2012, the
                                              *     *     *     *     *                                               but prior to departure, NMFS may                                         Commodity Futures Trading
                                              ■ 12. In § 679.93, revise paragraph (c)(7)                              contact the vessel to arrange for a pre-                                 Commission revised its rules. That
                                              to read as follows:                                                     cruise meeting. The pre-cruise meeting                                   document inadvertently failed to
                                                                                                                      must minimally include the vessel                                        remove several obsolete provisions in
                                              § 679.93 Amendment 80 Program                                           operator or manager and any observers                                    the regulation. This document corrects
                                              recordkeeping, permits, monitoring, and                                 assigned to the vessel.
                                              catch accounting.
                                                                                                                                                                                               the final regulations.
                                                                                                                        (2) * * *                                                              DATES: Effective on June 29, 2018.
                                              *     *     *     *    *                                                  (i) * * *
                                                (c) * * *                                                               (E) The Observer Program is notified                                   FOR FURTHER INFORMATION CONTACT:
                                                (7) Pre-cruise meeting. The Observer                                  by phone at 1 (907) 581–2060 (Dutch                                      Jacob Chachkin, Special Counsel, 202–
                                              Program is notified by phone at 1 (907)                                 Harbor, AK) or 1 (907) 481–1770                                          418–5496, email: jchachkin@cftc.gov,
                                              581–2060 (Dutch Harbor, AK) or 1 (907)                                  (Kodiak, AK) at least 24 hours prior to                                  Division of Swap Dealer and
                                              481–1770 (Kodiak, AK) at least 24 hours                                 departure when the vessel will be                                        Intermediary Oversight, Commodity
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                                              prior to departure when the vessel will                                 carrying an observer who has not                                         Futures Trading Commission.
                                              be carrying an observer who has not                                     previously been deployed on that vessel                                  SUPPLEMENTARY INFORMATION: In the
                                              previously been deployed on that vessel                                 within the last 12 months. Subsequent                                    Federal Register of November 2, 2012
                                              within the last 12 months. Subsequent                                   to the vessel’s departure notification,                                  (77 FR 66287), the Commodity Futures
                                              to the vessel’s departure notification,                                 but prior to departure, NMFS may                                         Trading Commission published final
                                              but prior to departure, NMFS may                                        contact the vessel to arrange for a pre-                                 rules adopting new regulations to
                                              contact the vessel to arrange for a pre-                                cruise meeting. The pre-cruise meeting                                   implement particular provisions of the


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Document Created: 2018-06-29 01:12:51
Document Modified: 2018-06-29 01:12:51
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 July 30, 2018.
ContactAlicia M Miller, (907) 586-7228 or [email protected]
FR Citation83 FR 30528 
RIN Number0648-BG96
CFR Citation15 CFR 902
50 CFR 679
CFR AssociatedReporting and Recordkeeping Requirements; Alaska; Fisheries and Recordkeeping and Reporting Requirements

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