83 FR 32829 - Request for Information on National Reform of Regional Observer Program Insurance Requirements
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration Federal Register Volume 83, Issue 136 (July 16, 2018)
National Oceanic and Atmospheric Administration
Federal Register Volume 83, Issue 136 (July 16, 2018)
| Page Range | 32829-32831 | |
| FR Document | 2018-15057 |
[Federal Register Volume 83, Number 136 (Monday, July 16, 2018)] [Proposed Rules] [Pages 32829-32831] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-15057] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Parts 648, 660, and 679 RIN 0648-XG338 Request for Information on National Reform of Regional Observer Program Insurance Requirements AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notification; Request for Information (RFI). ----------------------------------------------------------------------- SUMMARY: NMFS requests information from the public to support a national initiative to reform and streamline observer program insurance requirements. The goals of this reform effort are to: ease the regulatory burden and reduce costs for private companies that provide observer staffing to NMFS observer programs through more efficient, nationally applicable insurance requirements; eliminate outdated and/or inappropriate regulatory requirements; reduce observer deployment risks for vessel owners and shore side processors; and identify insurance that could improve observer safety and facilitate full compensation for observer occupational injuries. To proceed with this effort, NMFS seeks technical information on the types of insurance and minimum coverage amounts (in dollars) that [[Page 32830]] would minimize observer deployment risks to the extent practicable considering costs and other factors. Additionally, NMFS seeks public comment on Federal Employees Compensation Act (FECA) claims and benefits processing for observer occupational injuries and whether observer companies should carry private insurance to supplement FECA benefits for observers. DATES: Interested persons are invited to submit comments on or before September 14, 2018. ADDRESSES: You may submit written comments by any of the following methods:Email: NMFS-HQ-ST.Insurance-Reform@NOAA.GOV. Please include the subject heading of ``Comments on Regional Observer Program RFI''. Attachments to electronic comments will be accepted in Microsoft Word or Excel, or Adobe PDF formats only. Mail: Dennis Hansford, 1315 East West Highway, Room 12506, Silver Spring, MD 20910. Instructions: Comments containing references, studies, research, and other empirical data that are not widely published should include copies or electronic links of the referenced materials. All submissions, including attachments and other supporting materials, will become part of the public record and subject to public disclosure. Sensitive personal information, such as account numbers or Social Security numbers, or names of individuals, should not be included. Submissions will not be edited to remove any identifying or contact information. Do not submit confidential business information, or otherwise sensitive or protected information. Comments that contain profanity, vulgarity, threats, or other inappropriate language will not be considered. FOR FURTHER INFORMATION CONTACT: Requests for additional information should be directed to Dennis Hansford, 301-427-8136 or dennis.hansford@noaa.gov. SUPPLEMENTARY INFORMATION: Overview The Magnuson-Stevens Fishery Conservation and Management Act (MSA), 16 U.S.C. 1801 et seq., establishes a national program for conservation and management of fishery resources within the United States Exclusive Economic Zone (EEZ). See id. 1801(a)(6), 1811(a). NMFS, acting under authority delegated from the Secretary of Commerce, is responsible for managing fisheries under the MSA, in conjunction with eight regional fishery management councils (Councils) established under the Act. See id. 1852(a). Each Council has authority to develop fishery management plans (FMPs) for fisheries in a specific geographical area and to deem proposed regulations that are necessary for plan implementation. See id. 1852(a), (c). Collection of information on fishing and fish processing, such as type and quantity of fishing gear used, catch in numbers of fish or weight thereof, fishing locations, and biological information, are critical to effective fishery management. See id. 1853(a)(5). To obtain this information, the MSA authorizes, among other things, that an FMP may ``[r]equire that one or more observers be carried on board a vessel of the United States engaged in fishing for species that are subject to the plan, for the purpose of collecting data necessary for the conservation and management of the fishery . . .''. See id. 1853(b)(8). In 2016, 53 fisheries subject to management under an FMP or international authority were monitored by observer programs. To carry out required observer coverage, NMFS administers 14 observer programs that operate in the agency's five regions. These programs train and deploy observers, establish information collection protocols, debrief observers following deployment to provide quality control on information that observers collect, and oversee private companies that provide program support. At present, all NMFS observer programs staff their at-sea and shore side observer deployments through private companies, commonly referred to as observer providers. Observer providers service NMFS regional observer programs under two distinct models: (1) Direct service, where the NMFS observer program contracts with an observer provider; and (2) industry-funded, where the observer provider contracts with industry to fulfill observer coverage requirements. Further information about NMFS' regional observer programs is available at https://www.fisheries.noaa.gov/topic/fishery-observers. While observers most frequently are deployed under the MSA to collect information on fishing vessels, observers also are deployed on motherships, and shore side processing facilities. Additionally, NMFS' regional observer programs deploy at-sea monitors, who collect only vessel catch information under ``catch share programs,'' which allocate a portion of a fishery total allowable catch to permit holders or sectors. For purposes of this RFI, the term ``observer'' refers to a person deployed in any of these roles. Observer Deployment Risks The Bureau of Labor Statistics, Census of Fatal Occupational Injuries ranks commercial fishing as one of the most dangerous occupations. Because most observers are deployed to fishing vessels, observer risk of occupational injury is on par with that of commercial fishermen. Observer programs also entail risks for observer employers-- private companies--and the fishing vessels and shore side processors that are subject to observer coverage. The risks for the three parties include:-- 1. Observers--risk of occupational injury. 2. Vessel owners and shore side processors--observer claims for compensation for incidents arising out of deployment, e.g., occupational injury. 3. Private companies--observer claims for compensation for incidents arising out of deployment, e.g., occupational injury, and vessel/shore side processor owner claims for damages resulting from observer negligence. Insurance and statutory compensation programs are the traditional mechanisms to address the risks that private companies entail. However, the nuances of maritime law combined with the unique nature of the fishery observer occupation have complicated efforts to address observer risks, whether through insurance or statutory program. Since 1994, Councils and NMFS have taken various efforts to resolve insurance issues for observer programs. These efforts have resulted in regulatory--or contract based--insurance requirements that differ across regions. At present, the types of insurance policies that observer providers are required to have, either by regulation or by contract, include the following: Maritime liability to cover ``seamen's claims'' under the Merchant Marine Act (Jones Act) and General Maritime Law U.S. Longshore and Harbor Worker's Compensation Act State Worker's Compensation Contractual General Liability Marine General Liability Commercial General Liability Marine Employers Liability Regulatory based observer provider insurance requirements are codified at 50 CFR 679.52(b)(11)(vi) (North Pacific Groundfish Observer Program), 50 CFR 660.17(e)(vii) (West Coast Groundfish Observer Program), and 50 CFR 648.11(h)(3) (Northeast Observer Program). In addition, Congress addressed compensation for observer occupational risks through the 1996 Sustainable [[Page 32831]] Fisheries Act (SFA). Public Law 104-297 (Oct. 11, 1996). Through that statute, Congress amended the MSA to deem observers to be federal employees for purposes of FECA while deployed on a vessel under the Act or the Marine Mammal Protection Act. 16 U.S.C. 1881b(c). The extension of FECA coverage to observers deployed at-sea filled a gap in coverage for observer occupational injuries that occur at-sea, but this extension is not applicable to shore side observers. NMFS Reevaluation of Observer Program Insurance Requirements Beginning in 2014, NMFS initiated a reevaluation of regional observer program insurance requirements. This effort included an Observer Provider Insurance Workshop in 2016 during which observer providers, insurance experts, and observers joined NMFS and representatives from other federal agencies to discuss the efficiency of observer provider insurance requirements and compensation for observer occupational injuries. Subsequent to the Insurance Workshop, NMFS published an Observer Provider Insurance Workshop Technical Report (Tech Report), available at http://spo.nmfs.noaa.gov/tech-memos, which summarized the Workshop's proceedings and identified actions that NMFS could take to reform observer program insurance requirements and facilitate compensation for observer occupational injuries. As detailed in the Tech Report, some of the insurance policies that observer providers are required to have are inapplicable to observers or have limited applicability depending on whether the claim concerns an injury sustained at-sea or on shore. Furthermore, prior to the publication of the Tech Report, it was noted that other forms of insurance generally not required, such as a Marine General Liability policy, may better address certain observer company risks. In addition, NMFS has learned that, while FECA does provide coverage for observer at-sea injuries, the compensation formula under that Act does not provide for overtime pay. Because observers typically work 12-16 hour shifts to correspond with fishing vessel crew shifts, they often do not receive full wage compensation for occupational injury claims under FECA. To address these issues, the Tech Report recommended that NMFS explore replacing regional insurance requirements with nationally applicable minimum insurance requirements. The goal of that action would be to streamline and improve the efficiency of regional observer provider insurance requirements, thereby resulting in reduced regulatory burden, cost savings, and a suite of insurance that better addresses observer deployment risks. Considering the highly technical nature of maritime insurance and insurance markets in general, the Tech Report recommended that NMFS first gather more information on the types of insurance and minimum dollar coverage amounts for the risks that observer deployments present. NMFS issues this RFI to gather that information through the questions below. In addition, NMFS seeks public comment on the related issue of FECA compensation for observer occupational injuries and whether some form of private insurance could supplement FECA benefits. National inconsistencies with observer compensation for occupational injuries were noted not only in the Tech Report, but also in the Observer Program Safety Review (OPSR) Final Report, available at https://www.fisheries.noaa.gov/resource/document/observer-safety-program-review-report. The OPSR recommended that NMFS initiate action to improve the insurance scheme for compensation of observer occupational injuries. Through this notification, NMFS seeks information to respond to that recommendation and ways that insurance can improve observer safety. Request for Information To reform and streamline observer provider insurance requirements, and facilitate observer compensation for at-sea occupational injuries under FECA, NMFS seeks public comment on the issues raised in this RFI and, in particular, on the following questions. See ADDRESSES for information on how to submit comments. 1. What insurance policies and coverage amounts (in dollars) are appropriate to address observer deployment risks for: (a) Observers, (b) observer providers, and (c) owners of vessel and shore side processors and other observing platforms? 2. If observer providers have different insurance requirements to cover the different contexts in which observers are deployed--at-sea and shore side, what would be the most feasible and efficient insurance package and associated dollar amounts for covering all of the various contexts? 3. As an alternative to national minimum insurance requirements, would it be feasible, and more efficient, for observer providers to self-organize and self-insure? 4. If an insurance policy for a Jones Act or General Maritime Law claim is required, acknowledging that courts in some jurisdictions have held that those claims are inapplicable to observers, might it be beneficial to continue the requirement? 5. What gaps, if any, are there in FECA coverage for observer occupational injuries? For observers, what, if any, problems have you experienced with regard to claims and benefits for occupational injuries, whether under FECA, state worker's compensation, or private insurance? 6. If there are gaps in FECA coverage, is there a type of private insurance that could supplement FECA compensation for observer occupational injuries? 7. What types of insurance could advance NMFS' efforts to improve the safety of observer programs and reduce the occurrence of observer occupational injuries? 8. To maximize efficiency of observer insurance requirements, should NMFS address the requirements regionally, through regional regulatory or contractual insurance requirements, or through nationally applicable minimum insurance standards? If a, what regional or national policies and dollar amounts of coverage would be appropriate? Dated: July 10, 2018. Edward C. Cyr, Director, Office of Science and Technology, National Marine Fisheries Service. [FR Doc. 2018-15057 Filed 7-13-18; 8:45 am] BILLING CODE 3510-22-P
![Federal Register / Vol. 83, No. 136 / Monday, July 16, 2018 / Proposed Rules 32829
governments, or the agency consults not a major FRA action (requiring the confidential information, please contact
with State and local government preparation of an environmental impact the agency for alternate submission
officials early in the process of statement or environmental assessment) instructions.
developing the regulation. because it is categorically excluded from
This proposed rule has been analyzed List of Subjects in 49 CFR Part 210
detailed environmental review pursuant
consistent with the principles and to section 4(c)(20) of FRA’s Procedures. Noise control.
criteria in Executive Order 13132. This 64 FR 28547–48. The Proposed Rule
proposed rule would not have a Under section 4(c) and (e) of FRA’s
substantial effect on the States or their Procedures, the agency has further For the reasons discussed in the
political subdivisions; it would not concluded no extraordinary preamble, FRA proposes to amend part
impose any substantial direct circumstances exist with respect to this 210 of chapter II, subtitle B of title 49,
compliance costs; and it would not regulation that might trigger the need for Code of Federal Regulations, as follows:
affect the relationships between the a more detailed environmental review. ■ 1. The authority citation for part 210
Federal government and the States or Consequently, FRA finds this proposed is revised to read as follows:
their political subdivisions, or the regulation is not a major Federal action Authority: Sec. 17, Pub. L. 92–574, 86
distribution of power and significantly affecting the quality of the Stat. 1234 (42 U.S.C. 4916); 49 CFR 1.89.
responsibilities among the various human environment.
levels of government. Therefore, the § 210.27 [Amended]
Unfunded Mandates Reform Act of 1995
consultation and funding requirements ■ 2. Amend § 210.27 by removing
of Executive Order 13132 do not apply. Under Section 201 of the Unfunded paragraph (d).
However, this proposed rule could Mandates Reform Act of 1995, 2 U.S.C.
have preemptive effect under certain 1531, each Federal agency ‘‘shall, unless Issued in Washington, DC.
provisions of the Federal railroad safety otherwise prohibited by law, assess the Ronald Louis Batory,
statutes, specifically the former Federal effects of Federal regulatory actions on Administrator.
Railroad Safety Act of 1970 (former State, local, and tribal governments, and [FR Doc. 2018–14961 Filed 7–13–18; 8:45 am]
FRSA), repealed and re-codified at 49 the private sector (other than to the BILLING CODE 4910–06–P
U.S.C. 20106, and the former extent that such regulations incorporate
Locomotive Boiler Inspection Act (LIA) requirements specifically set forth in
at 45 U.S.C. 22–34, repealed and re- law).’’ Section 202 of the Act, 2 U.S.C. DEPARTMENT OF COMMERCE
codified at 49 U.S.C. 20701–03. The 1532, further requires that before
former FRSA provides that States may promulgating any general notice of National Oceanic and Atmospheric
not adopt or continue in effect any law, proposed rulemaking that is likely to Administration
regulation, or order related to railroad result in promulgation of any rule that
safety or security that covers the subject includes any Federal mandate that may 50 CFR Parts 648, 660, and 679
matter of a regulation prescribed or result in the expenditure by State, local,
and tribal governments, in the aggregate, RIN 0648–XG338
order issued by the Secretary of
Transportation (with respect to railroad or by the private sector, of $100,000,000 Request for Information on National
safety matters) or the Secretary of or more (adjusted annually for inflation) Reform of Regional Observer Program
Homeland Security (with respect to in any 1 year, and before promulgating Insurance Requirements
railroad security matters), except when any final rule for which a general notice
the State law, regulation, or order of proposed rulemaking was published, AGENCY: National Marine Fisheries
qualifies under the ‘‘local safety or the agency shall prepare a written Service (NMFS), National Oceanic and
security hazard’’ exception to section statement detailing the effect on State, Atmospheric Administration (NOAA),
20106. Moreover, the U.S. Supreme local, and tribal governments and the Commerce.
Court has held the former LIA preempts private sector. The proposed rule would ACTION: Notification; Request for
the field concerning locomotive safety. not result in the expenditure, in the Information (RFI).
See Napier v. Atl. Coast Line R.R., 272 aggregate, of $100,000,000 or more in
U.S. 605 (1926) and Kurns v. R.R. any one year (adjusted annually for SUMMARY: NMFS requests information
Friction Prods. Corp., 565 U.S. 625 inflation), and thus preparation of such from the public to support a national
(2012). Therefore, if this proposed rule a statement is not required. initiative to reform and streamline
were adopted, it is possible States observer program insurance
Privacy Act requirements. The goals of this reform
would be preempted from requiring that
locomotives display a permanent badge In accordance with 5 U.S.C. 553(c), effort are to: ease the regulatory burden
or tag certifying the locomotive DOT solicits comments from the public and reduce costs for private companies
complies with FRA’s noise emission to better inform its rulemaking process. that provide observer staffing to NMFS
standards. DOT posts these comments, without observer programs through more
edit, to www.regulations.gov, as efficient, nationally applicable
Environmental Impact described in the system of records insurance requirements; eliminate
FRA has evaluated this proposed notice, DOT/ALL–14 FDMS, accessible outdated and/or inappropriate
regulation consistent with its through www.dot.gov/privacy. In order regulatory requirements; reduce
‘‘Procedures for Considering to facilitate comment tracking and observer deployment risks for vessel
sradovich on DSK3GMQ082PROD with PROPOSALS
Environmental Impacts’’ (FRA’s response, we encourage commenters to owners and shore side processors; and
Procedures), 64 FR 28545 (May 26, provide their name, or the name of their identify insurance that could improve
1999), as required by the National organization; however, submission of observer safety and facilitate full
Environmental Policy Act (42 U.S.C. names is completely optional. Whether compensation for observer occupational
4321 et seq.), other environmental or not commenters identify themselves, injuries. To proceed with this effort,
statutes, Executive Orders, and related all timely comments will be fully NMFS seeks technical information on
regulatory requirements. FRA has considered. If you wish to provide the types of insurance and minimum
determined this proposed regulation is comments containing proprietary or coverage amounts (in dollars) that
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![32830 Federal Register / Vol. 83, No. 136 / Monday, July 16, 2018 / Proposed Rules
would minimize observer deployment management councils (Councils) Observer Deployment Risks
risks to the extent practicable established under the Act. See id. The Bureau of Labor Statistics, Census
considering costs and other factors. 1852(a). Each Council has authority to of Fatal Occupational Injuries ranks
Additionally, NMFS seeks public develop fishery management plans commercial fishing as one of the most
comment on Federal Employees (FMPs) for fisheries in a specific dangerous occupations. Because most
Compensation Act (FECA) claims and geographical area and to deem proposed observers are deployed to fishing
benefits processing for observer regulations that are necessary for plan vessels, observer risk of occupational
occupational injuries and whether implementation. See id. 1852(a), (c). injury is on par with that of commercial
observer companies should carry private Collection of information on fishing
fishermen. Observer programs also
insurance to supplement FECA benefits and fish processing, such as type and
entail risks for observer employers—
for observers. quantity of fishing gear used, catch in
private companies—and the fishing
DATES: Interested persons are invited to numbers of fish or weight thereof,
vessels and shore side processors that
submit comments on or before fishing locations, and biological
are subject to observer coverage. The
September 14, 2018. information, are critical to effective
fishery management. See id. 1853(a)(5). risks for the three parties include:—
ADDRESSES: You may submit written 1. Observers—risk of occupational
comments by any of the following To obtain this information, the MSA
injury.
methods: authorizes, among other things, that an
2. Vessel owners and shore side
• Email: NMFS-HQ-ST.Insurance- FMP may ‘‘[r]equire that one or more
processors—observer claims for
Reform@NOAA.GOV. Please include the observers be carried on board a vessel of
compensation for incidents arising out
subject heading of ‘‘Comments on the United States engaged in fishing for
of deployment, e.g., occupational injury.
Regional Observer Program RFI’’. species that are subject to the plan, for
3. Private companies—observer
Attachments to electronic comments the purpose of collecting data necessary
claims for compensation for incidents
will be accepted in Microsoft Word or for the conservation and management of
arising out of deployment, e.g.,
Excel, or Adobe PDF formats only. the fishery . . .’’. See id. 1853(b)(8).
In 2016, 53 fisheries subject to occupational injury, and vessel/shore
• Mail: Dennis Hansford, 1315 East side processor owner claims for
West Highway, Room 12506, Silver management under an FMP or
international authority were monitored damages resulting from observer
Spring, MD 20910. negligence.
Instructions: Comments containing by observer programs. To carry out
required observer coverage, NMFS Insurance and statutory compensation
references, studies, research, and other programs are the traditional
empirical data that are not widely administers 14 observer programs that
operate in the agency’s five regions. mechanisms to address the risks that
published should include copies or private companies entail. However, the
electronic links of the referenced These programs train and deploy
observers, establish information nuances of maritime law combined with
materials. All submissions, including the unique nature of the fishery observer
attachments and other supporting collection protocols, debrief observers
following deployment to provide quality occupation have complicated efforts to
materials, will become part of the public address observer risks, whether through
record and subject to public disclosure. control on information that observers
collect, and oversee private companies insurance or statutory program. Since
Sensitive personal information, such as 1994, Councils and NMFS have taken
that provide program support. At
account numbers or Social Security various efforts to resolve insurance
present, all NMFS observer programs
numbers, or names of individuals, issues for observer programs. These
staff their at-sea and shore side observer
should not be included. Submissions efforts have resulted in regulatory—or
deployments through private
will not be edited to remove any contract based—insurance requirements
companies, commonly referred to as
identifying or contact information. Do that differ across regions. At present, the
observer providers. Observer providers
not submit confidential business types of insurance policies that observer
service NMFS regional observer
information, or otherwise sensitive or providers are required to have, either by
programs under two distinct models: (1)
protected information. Comments that regulation or by contract, include the
Direct service, where the NMFS
contain profanity, vulgarity, threats, or observer program contracts with an following:
other inappropriate language will not be observer provider; and (2) industry- • Maritime liability to cover ‘‘seamen’s
considered. funded, where the observer provider claims’’ under the Merchant Marine
FOR FURTHER INFORMATION CONTACT: contracts with industry to fulfill Act (Jones Act) and General Maritime
Requests for additional information observer coverage requirements. Further Law
should be directed to Dennis Hansford, information about NMFS’ regional • U.S. Longshore and Harbor Worker’s
301–427–8136 or dennis.hansford@ observer programs is available at https:// Compensation Act
noaa.gov. www.fisheries.noaa.gov/topic/fishery- • State Worker’s Compensation
SUPPLEMENTARY INFORMATION: observers. • Contractual General Liability
While observers most frequently are • Marine General Liability
Overview deployed under the MSA to collect • Commercial General Liability
The Magnuson-Stevens Fishery information on fishing vessels, • Marine Employers Liability
Conservation and Management Act observers also are deployed on Regulatory based observer provider
(MSA), 16 U.S.C. 1801 et seq., motherships, and shore side processing insurance requirements are codified at
establishes a national program for facilities. Additionally, NMFS’ regional 50 CFR 679.52(b)(11)(vi) (North Pacific
sradovich on DSK3GMQ082PROD with PROPOSALS
conservation and management of fishery observer programs deploy at-sea Groundfish Observer Program), 50 CFR
resources within the United States monitors, who collect only vessel catch 660.17(e)(vii) (West Coast Groundfish
Exclusive Economic Zone (EEZ). See id. information under ‘‘catch share Observer Program), and 50 CFR
1801(a)(6), 1811(a). NMFS, acting under programs,’’ which allocate a portion of 648.11(h)(3) (Northeast Observer
authority delegated from the Secretary a fishery total allowable catch to permit Program).
of Commerce, is responsible for holders or sectors. For purposes of this In addition, Congress addressed
managing fisheries under the MSA, in RFI, the term ‘‘observer’’ refers to a compensation for observer occupational
conjunction with eight regional fishery person deployed in any of these roles. risks through the 1996 Sustainable
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![Federal Register / Vol. 83, No. 136 / Monday, July 16, 2018 / Proposed Rules 32831
Fisheries Act (SFA). Public Law 104– vessel crew shifts, they often do not appropriate to address observer
297 (Oct. 11, 1996). Through that receive full wage compensation for deployment risks for: (a) Observers, (b)
statute, Congress amended the MSA to occupational injury claims under FECA. observer providers, and (c) owners of
deem observers to be federal employees To address these issues, the Tech vessel and shore side processors and
for purposes of FECA while deployed Report recommended that NMFS other observing platforms?
on a vessel under the Act or the Marine explore replacing regional insurance 2. If observer providers have different
Mammal Protection Act. 16 U.S.C. requirements with nationally applicable insurance requirements to cover the
1881b(c). The extension of FECA minimum insurance requirements. The different contexts in which observers
coverage to observers deployed at-sea goal of that action would be to are deployed—at-sea and shore side,
filled a gap in coverage for observer streamline and improve the efficiency of what would be the most feasible and
occupational injuries that occur at-sea, regional observer provider insurance efficient insurance package and
but this extension is not applicable to requirements, thereby resulting in associated dollar amounts for covering
shore side observers. reduced regulatory burden, cost savings, all of the various contexts?
and a suite of insurance that better 3. As an alternative to national
NMFS Reevaluation of Observer addresses observer deployment risks.
Program Insurance Requirements minimum insurance requirements,
Considering the highly technical nature would it be feasible, and more efficient,
Beginning in 2014, NMFS initiated a of maritime insurance and insurance for observer providers to self-organize
reevaluation of regional observer markets in general, the Tech Report and self-insure?
program insurance requirements. This recommended that NMFS first gather
4. If an insurance policy for a Jones
effort included an Observer Provider more information on the types of
Act or General Maritime Law claim is
Insurance Workshop in 2016 during insurance and minimum dollar coverage
required, acknowledging that courts in
which observer providers, insurance amounts for the risks that observer
some jurisdictions have held that those
experts, and observers joined NMFS and deployments present. NMFS issues this
claims are inapplicable to observers,
representatives from other federal RFI to gather that information through
the questions below. might it be beneficial to continue the
agencies to discuss the efficiency of requirement?
observer provider insurance In addition, NMFS seeks public
comment on the related issue of FECA 5. What gaps, if any, are there in
requirements and compensation for FECA coverage for observer
observer occupational injuries. compensation for observer occupational
injuries and whether some form of occupational injuries? For observers,
Subsequent to the Insurance Workshop, what, if any, problems have you
private insurance could supplement
NMFS published an Observer Provider experienced with regard to claims and
FECA benefits. National inconsistencies
Insurance Workshop Technical Report benefits for occupational injuries,
with observer compensation for
(Tech Report), available at http:// whether under FECA, state worker’s
occupational injuries were noted not
spo.nmfs.noaa.gov/tech-memos, which compensation, or private insurance?
only in the Tech Report, but also in the
summarized the Workshop’s 6. If there are gaps in FECA coverage,
Observer Program Safety Review (OPSR)
proceedings and identified actions that is there a type of private insurance that
Final Report, available at https://
NMFS could take to reform observer could supplement FECA compensation
www.fisheries.noaa.gov/resource/
program insurance requirements and for observer occupational injuries?
document/observer-safety-program-
facilitate compensation for observer 7. What types of insurance could
review-report. The OPSR recommended
occupational injuries. As detailed in the that NMFS initiate action to improve the advance NMFS’ efforts to improve the
Tech Report, some of the insurance insurance scheme for compensation of safety of observer programs and reduce
policies that observer providers are observer occupational injuries. Through the occurrence of observer occupational
required to have are inapplicable to this notification, NMFS seeks injuries?
observers or have limited applicability information to respond to that 8. To maximize efficiency of observer
depending on whether the claim recommendation and ways that insurance requirements, should NMFS
concerns an injury sustained at-sea or insurance can improve observer safety. address the requirements regionally,
on shore. Furthermore, prior to the
Request for Information through regional regulatory or
publication of the Tech Report, it was
contractual insurance requirements, or
noted that other forms of insurance To reform and streamline observer through nationally applicable minimum
generally not required, such as a Marine provider insurance requirements, and insurance standards? If a, what regional
General Liability policy, may better facilitate observer compensation for at- or national policies and dollar amounts
address certain observer company risks. sea occupational injuries under FECA, of coverage would be appropriate?
In addition, NMFS has learned that, NMFS seeks public comment on the
while FECA does provide coverage for issues raised in this RFI and, in Dated: July 10, 2018.
observer at-sea injuries, the particular, on the following questions. Edward C. Cyr,
compensation formula under that Act See ADDRESSES for information on how Director, Office of Science and Technology,
does not provide for overtime pay. to submit comments. National Marine Fisheries Service.
Because observers typically work 12–16 1. What insurance policies and [FR Doc. 2018–15057 Filed 7–13–18; 8:45 am]
hour shifts to correspond with fishing coverage amounts (in dollars) are BILLING CODE 3510–22–P
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Document Created: 2018-07-14 00:53:51
Document Modified: 2018-07-14 00:53:51
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Proposed Rules | |
| Action | Notification; Request for Information (RFI). | |
| Dates | Interested persons are invited to submit comments on or before September 14, 2018. | |
| Contact | Requests for additional information should be directed to Dennis Hansford, 301-427-8136 or [email protected] | |
| FR Citation | 83 FR 32829 | |
| RIN Number | 0648-XG33 | |
| CFR Citation | 50
CFR
648 50 CFR 660 50 CFR 679 |
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