83_FR_64271 83 FR 64032 - Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Permit Renewal Applications

83 FR 64032 - Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Permit Renewal Applications

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 83, Issue 239 (December 13, 2018)

Page Range64032-64034
FR Document2018-26984

NMFS issues this final rule to implement administrative revisions to the renewal process for Federal vessel permits, licenses, and endorsements, and dealer permits in the NMFS Southeast Region. This final rule removes the regulatory requirement that NMFS must mail a renewal application to a permit holder whose Federal vessel, license, or endorsement, or dealer permit is expiring. NMFS will continue to provide notice of the upcoming expiration date to the permit holder. This final rule also removes the regulatory requirement that NMFS must notify an applicant of any deficiency in a renewal application only through sending a letter via traditional mail, such as through the U.S. Postal Service, which allows NMFS expanded options for notifying permit holders. The purpose of this final rule is to reduce the administrative costs and burden to NMFS of renewing Federal permits, while still maintaining the renewal notice, information, and services to the public.

Federal Register, Volume 83 Issue 239 (Thursday, December 13, 2018)
[Federal Register Volume 83, Number 239 (Thursday, December 13, 2018)]
[Rules and Regulations]
[Pages 64032-64034]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-26984]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 171128999-8999-02]
RIN 0648-BH43


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Permit Renewal Applications

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

ACTION: Final rule.

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

SUMMARY: NMFS issues this final rule to implement administrative 
revisions to the renewal process for Federal vessel permits, licenses, 
and endorsements, and dealer permits in the NMFS Southeast Region. This 
final rule removes the regulatory requirement that NMFS must mail a 
renewal application to a permit holder whose Federal vessel, license, 
or endorsement, or dealer permit is expiring. NMFS will continue to 
provide notice of the upcoming expiration date to the permit holder. 
This final rule also removes the regulatory requirement that NMFS must 
notify an applicant of any deficiency in a renewal application only 
through sending a letter via traditional mail, such as through the U.S. 
Postal Service, which allows NMFS expanded options for notifying permit 
holders. The purpose of this final rule is to reduce the administrative 
costs and burden to NMFS of renewing Federal permits, while still 
maintaining the renewal notice, information, and services to the 
public.

DATES: This final rule is effective on January 14, 2019.

ADDRESSES: Written comments regarding the burden-hour estimates or 
other aspects of the collection-of-information requirements contained 
in this final rule may be submitted to Adam Bailey, NMFS Southeast 
Regional Office, 263 13th Avenue South, St. Petersburg, FL 33701, or 
the Office of Management and Budget (OMB) by email to 
[email protected], or by fax to 202-395-5806.

FOR FURTHER INFORMATION CONTACT: Sarah Stephenson, NMFS Southeast 
Regional Office, telephone: 727-824-5305, email: 
[email protected].

SUPPLEMENTARY INFORMATION: In the U.S. southeast region, NMFS and 
regional fishery management councils manage fisheries in Federal waters 
under the under the authority of the Magnuson-Stevens Fishery 
Conservation and Management Act (Magnuson-Stevens Act) (16 U.S.C. 1801 
et seq.) and through regulations implemented by NMFS at 50 CFR part 
622.
    On August 1, 2018, NMFS published a proposed rule and requested 
public comment on possible administrative process revisions to the 
renewal of Federal vessel permits, licenses, or endorsements, and 
Federal dealer permits (hereafter referred to collectively as permits) 
for species managed under multiple fishery management plans (FMPs) 
developed by Gulf of Mexico (Gulf) and South Atlantic Fishery 
Management Councils (83 FR 37455). The proposed rule outlined the 
rationale for the actions contained in this final rule. A summary of 
the management measures described in the proposed rule and implemented 
by this final rule is provided below.

Management Measures Contained in This Final Rule

    This final rule removes the requirement that the Regional 
Administrator (RA) for the NMFS Southeast Region automatically mails a 
renewal application with the notice sent to a permit holder whose 
Federal permit is expiring. Instead, approximately 2 months prior to 
the expiration date of the permit, the RA will continue to provide 
notice to each permit holder through a letter, email, or other 
appropriate means, and in the notice provide the available options for 
an applicant to obtain a permit renewal application.
    NMFS will continue to mail renewal applications upon request from 
an applicant. Permit holders may call the NMFS Southeast Permits Office 
to make that request at 1-877-376-4877, Monday through Friday between 8 
a.m. and 4:30 p.m., eastern time. Permit holders may also obtain 
applications in person or through written request from the NMFS 
Southeast Permits Office, located at 263 13th Ave. South, St. 
Petersburg, Florida 33701.
    Applications to renew a Federal permit are currently available for 
download and printing from the NMFS Southeast Permits Office website at 
http://sero.nmfs.noaa.gov/operations_management_information_services/constituency_services_branch/permits/index.html.
    In addition, NMFS has continued to expand the number of renewal 
applications that can be accessed and submitted online at the Southeast 
Permits Office website. This option includes the ability to pay 
application fees electronically. As of October 3, 2018, applicants can 
submit applications online to renew the majority of the Federal permits 
in the southeast region.
    This final rule also removes the requirement that the RA must 
notify an applicant of any deficiency in a renewal application only by 
a letter sent through traditional mail. NMFS may notify a permit holder 
of an application

[[Page 64033]]

deficiency through a letter, email, or other appropriate means that may 
be available.
    NMFS expects this final rule to reduce administrative labor and 
material costs associated with mailing permit renewal applications and 
letters of application deficiency to permit holders by allowing NMFS 
the flexibility to use more efficient means to provide the permit 
renewal applications and notifications of application deficiency.
    NMFS does not expect this final rule to affect the overall number 
of annual permit renewals that NMFS receives or change the average time 
necessary for an applicant to complete an application. This final rule 
will not result in any change to fisheries operations.
    As described in 50 CFR 622.4(g)(1), NMFS reminds permit holders 
that a completed renewal application along with required supporting 
documentation, must be submitted to the RA at least 30 days prior to 
the date on which the applicant desires to have the permit effective. 
This final rule does not revise this permit renewal requirement.

Additional Change Not Part of This Final Rule

    Although not a regulatory requirement, NMFS has historically mailed 
renewal applications for Federal operator cards (required for the 
Atlantic dolphin and wahoo, and South Atlantic rock shrimp commercial 
fisheries) to vessel operators prior to the expiration date. Upon 
implementation of this final rule, NMFS will not automatically mail a 
renewal application to individuals with an operator card prior to the 
expiration date; however, similar to the notification of permit holders 
with Federal permits discussed in this final rule, NMFS intends to 
continue providing notification to a vessel operator with an operator 
card of its upcoming expiration prior to that date. Additionally, NMFS 
may use methods other than by letter to notify applicants that a 
renewal application contains deficiencies.

Comments and Responses

    NMFS received 23 comments from individuals and a fisheries 
consulting company on the proposed rule. The majority of the comments 
were in support of the proposed rule. NMFS acknowledges the comments in 
favor of all or part of the proposed rule, and agrees with them. 
Comments that were beyond the scope of the proposed rule are not 
responded to in this final rule. Comments specifically in opposition to 
all or some of the actions in the proposed rule, as well as NMFS' 
respective responses, are summarized below.
    Comment 1: The proposed rule will result in additional burdens to 
permit holders such as additional time requirements and steps in the 
permit renewal process, and as a result, could cause permits to expire.
    Response: As discussed in the proposed rule, although permit 
holders who currently rely on the application being automatically 
mailed to them will be affected, any added cost or time to permit 
holders to acquire an application by the most commonly anticipated 
methods, that is, by telephone request, digital download, or online 
access and submission, is expected to be minimal. All of these methods 
to acquire an application already exist, and an applicant may select a 
different option based on their preference each time they need to renew 
a permit. As of October 2018, applicants can access and submit 
applications online for the majority of the permits issued under the 
FMPs, and NMFS continues to expand the number of permit renewal 
applications that are available to submit online. For those permit 
holders with access to a computer and the internet, accessing and 
submitting a renewal application online will provide a direct benefit 
to permit holders by eliminating the cost of mailing a completed paper 
application and a check or money order. By providing the ability to pay 
the permit renewal fee electronically, the benefits include, but are 
not restricted to, higher transaction speed, reduced check-associated 
costs, and greater transaction transparency. Those permit holders that 
do not have access to a computer or the internet can call and request 
that NMFS mail them an application.
    NMFS does not expect this final rule to change the average time 
required for an applicant to complete a permit renewal application. 
NMFS will continue to provide permit reporting requirements and 
instructions for viewing vessel reporting status in the permit renewal 
notification, which NMFS sends to every permit holder approximately 2 
months prior to the expiration date of a permit. NMFS does not expect 
this final rule to affect the ability of any permit holder to renew a 
permit.
    Comment 2: Renewing permits should continue via printed and mailed 
applications. Receiving an application in the mail has helped remind 
permit holders to renew their permits, and not all permit holders have 
access to a computer or prefer not to use electronic methods to obtain 
an application (e.g., through email or digital download).
    Response: Those permit holders who continue to need NMFS to send a 
paper application can request one. Removing the requirement to mail all 
permit renewal applications will reduce costs, while still allowing 
NMFS to provide paper applications to those permit holders who want 
them.
    This final rule also allows NMFS to use expanded options for 
notifying permit holders about permit renewals. NMFS will continue to 
notify the permit holder approximately 2 months prior to the expiration 
date of their permit through a letter, email, or other appropriate 
means that may be available. That renewal notification will also 
include instructions for obtaining an application.
    Comment 3: Commercial fishermen in catch share programs pay a 3 
percent cost recovery fee to NMFS. Because commercial fishermen pay 
these administrative costs, it is not fair to reduce administrative 
costs to the government and impose additional administrative duties on 
commercial fishermen.
    Response: Cost recovery fees can only be used to pay for 
incremental costs directly related to the management and enforcement of 
the red snapper and grouper-tilefish individual fishing quota (IFQ) 
programs. The costs incurred by NMFS to mail renewal applications to 
permit holders are unrelated to the management and enforcement of those 
programs. Permits are required to harvest and possess multiple species 
of fish regardless of whether someone participates in one of IFQ 
programs, and this final rule applies to all permits issued by the 
Southeast Permits Office.
    Further, as discussed in the response to Comment 1, any added cost 
or time to permit holders to acquire an application by the most 
commonly anticipated methods, that is, by telephone request, digital 
download, or online access and submission, is expected to be minimal. 
However, this final rule gives NMFS the flexibility to use more 
efficient means to provide permit renewal applications and 
notifications of application deficiency.

Classification

    The RA for the NMFS Southeast Region has determined that this final 
rule is consistent with the applicable FMPs in the Gulf and South 
Atlantic, the Magnuson-Stevens Act, and other applicable laws.
    This final rule has been determined to be not significant for 
purposes of Executive Order 12866.

[[Page 64034]]

    The Magnuson-Stevens Act provides the statutory basis for this 
final rule. No duplicative, overlapping, or conflicting Federal rules 
have been identified. In addition, no new reporting, recordkeeping, or 
other compliance requirements are introduced by this final rule.
    The Chief Counsel for Regulation of the Department of Commerce 
certified to the Chief Counsel for Advocacy of the Small Business 
Administration during the proposed rule stage that this rule would not 
have a significant adverse economic impact on a substantial number of 
small entities. The factual basis for this determination was published 
in the proposed rule and is not repeated here. No significant issues 
were raised by public comments related to the economic impacts on small 
businesses, and no changes to this final rule were made in response to 
public comments. As a result, a final regulatory flexibility analysis 
was not required and none was prepared.
    This final rule contains collection-of-information requirements 
subject to the Paperwork Reduction Act (PRA) that OMB has approved 
under control number 0648-0205. Public reporting burdens for renewal 
applications in the Southeast Region Permit Family of Forms are 
estimated to vary between 30 and 55 minutes, depending on the 
applicable form. The estimated reporting burdens are based on an 
individual response, including the time for reviewing instructions, 
searching existing data sources, gathering and maintaining the data 
needed, and completing and reviewing the collection of information. 
This final rule does not change existing collection-of-information 
requirements or estimated reporting burdens. Send comments regarding 
the burden estimates, or any other aspect of this data collection, 
including suggestions for reducing the burden to Adam Bailey, NMFS 
Southeast Regional Office (see ADDRESSES), by email to 
[email protected], or fax to 202-395-5806.
    Notwithstanding any other provision of the law, no person is 
required to respond to, and no person will 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 
collections of information may be viewed at http://www.cio.noaa.gov/services_programs/prasubs.html.

List of Subjects in 50 CFR Part 622

    Commercial, Dealer, Endorsement, Fisheries, Fishing, Gulf of 
Mexico, License, Permit, South Atlantic.

    Dated: December 10, 2018.
Alan D. Risenhoover,
Acting Deputy Assistant Administrator for Regulatory Programs, National 
Marine Fisheries Service.

    For the reasons set out in the preamble, 50 CFR part 622 is amended 
as follows:

PART 622--FISHERIES OF THE CARIBBEAN, GULF OF MEXICO, AND SOUTH 
ATLANTIC

0
1. The authority citation for part 622 continues to read as follows:

    Authority:  16 U.S.C. 1801 et seq.


0
2. In Sec.  622.4, revise paragraph (g)(1) to read as follows:


Sec.  622.4   Permits and fees--general.

* * * * *
    (g) * * *
    (1) Vessel permits, licenses, and endorsements, and dealer permits. 
Unless specified otherwise, a vessel or dealer permit holder who has 
been issued a permit, license, or endorsement under this part must 
renew such permit, license, or endorsement on an annual basis. The RA 
will notify a vessel or dealer permit holder whose permit, license, or 
endorsement is expiring approximately 2 months prior to the expiration 
date. A vessel or dealer permit holder who does not receive a 
notification is still required to submit an application form as 
specified below. The applicant must submit a completed renewal 
application form and all required supporting documents to the RA prior 
to the applicable deadline for renewal of the permit, license, or 
endorsement, and at least 30 calendar days prior to the date on which 
the applicant desires to have the permit made effective. Application 
forms and instructions for renewal are available online at 
sero.nmfs.noaa.gov or from the RA (Southeast Permits Office) at 1-877-
376-4877, Monday through Friday between 8 a.m. and 4:30 p.m., eastern 
time. If the RA receives an incomplete application, the RA will notify 
the applicant of the deficiency. If the applicant fails to correct the 
deficiency within 30 calendar days of the notification date by the RA, 
the application will be considered abandoned. A permit, license, or 
endorsement that is not renewed within the applicable deadline will not 
be reissued.
* * * * *
[FR Doc. 2018-26984 Filed 12-12-18; 8:45 am]
 BILLING CODE 3510-22-P



                                           64032            Federal Register / Vol. 83, No. 239 / Thursday, December 13, 2018 / Rules and Regulations

                                                                                                                                                                                                     Date certain
                                                                                                                                                                                                    federal assis-
                                                                                                    Community          Effective date authorization/cancellation of     Current effective
                                                            State and location                                                                                                                     tance no longer
                                                                                                       No.                sale of flood insurance in community             map date                  available in
                                                                                                                                                                                                       SFHAs

                                                Duson, Town of, Acadia and Lafayette                       220104      November 11, 1975, Emerg; September 30,          ......do ...............      Do.
                                                  Parishes.                                                              1981, Reg; December 21, 2018, Susp.
                                                Scott, City of, Lafayette Parish ..............            220106      September 24, 1974, Emerg; April 4, 1983,        ......do ...............      Do.
                                                                                                                         Reg; December 21, 2018, Susp.
                                                Youngsville, City of, Lafayette Parish ...                 220358      January 16, 1975, Emerg; March 30, 1982,         ......do ...............      Do.
                                                                                                                         Reg; December 21, 2018, Susp.
                                              -do- = Ditto.
                                              Code for reading third column: Emerg.—Emergency; Reg.—Regular; Susp.—Suspension.


                                             Dated: Dec 4, 2018.                                     while still maintaining the renewal                    Management Measures Contained in
                                           Katherine B. Fox,                                         notice, information, and services to the               This Final Rule
                                           Assistant Administrator for Mitigation,                   public.                                                   This final rule removes the
                                           Federal Insurance and Mitigation                                                                                 requirement that the Regional
                                           Administration—FEMA Resilience,                           DATES: This final rule is effective on
                                           Department of Homeland Security, Federal                  January 14, 2019.                                      Administrator (RA) for the NMFS
                                           Emergency Management Agency.                                                                                     Southeast Region automatically mails a
                                                                                                     ADDRESSES:    Written comments                         renewal application with the notice sent
                                           [FR Doc. 2018–26998 Filed 12–12–18; 8:45 am]
                                                                                                     regarding the burden-hour estimates or                 to a permit holder whose Federal permit
                                           BILLING CODE 9110–12–P
                                                                                                     other aspects of the collection-of-                    is expiring. Instead, approximately 2
                                                                                                     information requirements contained in                  months prior to the expiration date of
                                                                                                     this final rule may be submitted to                    the permit, the RA will continue to
                                           DEPARTMENT OF COMMERCE                                    Adam Bailey, NMFS Southeast Regional                   provide notice to each permit holder
                                           National Oceanic and Atmospheric                          Office, 263 13th Avenue South, St.                     through a letter, email, or other
                                           Administration                                            Petersburg, FL 33701, or the Office of                 appropriate means, and in the notice
                                                                                                     Management and Budget (OMB) by                         provide the available options for an
                                           50 CFR Part 622                                           email to OIRA_Submission@                              applicant to obtain a permit renewal
                                                                                                     omb.eop.gov, or by fax to 202–395–                     application.
                                           [Docket No. 171128999–8999–02]                            5806.                                                     NMFS will continue to mail renewal
                                           RIN 0648–BH43
                                                                                                                                                            applications upon request from an
                                                                                                     FOR FURTHER INFORMATION CONTACT:                       applicant. Permit holders may call the
                                           Fisheries of the Caribbean, Gulf of                       Sarah Stephenson, NMFS Southeast                       NMFS Southeast Permits Office to make
                                           Mexico, and South Atlantic; Permit                        Regional Office, telephone: 727–824–                   that request at 1–877–376–4877,
                                           Renewal Applications                                      5305, email: sarah.stephenson@                         Monday through Friday between 8 a.m.
                                                                                                     noaa.gov.                                              and 4:30 p.m., eastern time. Permit
                                           AGENCY:  National Marine Fisheries                                                                               holders may also obtain applications in
                                           Service (NMFS), National Oceanic and                      SUPPLEMENTARY INFORMATION:      In the U.S.            person or through written request from
                                           Atmospheric Administration (NOAA),                        southeast region, NMFS and regional                    the NMFS Southeast Permits Office,
                                           Commerce.                                                 fishery management councils manage                     located at 263 13th Ave. South, St.
                                           ACTION: Final rule.                                       fisheries in Federal waters under the                  Petersburg, Florida 33701.
                                                                                                     under the authority of the Magnuson-                      Applications to renew a Federal
                                           SUMMARY:   NMFS issues this final rule to                 Stevens Fishery Conservation and                       permit are currently available for
                                           implement administrative revisions to                     Management Act (Magnuson-Stevens                       download and printing from the NMFS
                                           the renewal process for Federal vessel                    Act) (16 U.S.C. 1801 et seq.) and                      Southeast Permits Office website at
                                           permits, licenses, and endorsements,                                                                             http://sero.nmfs.noaa.gov/operations_
                                                                                                     through regulations implemented by
                                           and dealer permits in the NMFS                                                                                   management_information_services/
                                                                                                     NMFS at 50 CFR part 622.
                                           Southeast Region. This final rule                                                                                constituency_services_branch/permits/
                                           removes the regulatory requirement that                      On August 1, 2018, NMFS published
                                                                                                                                                            index.html.
                                           NMFS must mail a renewal application                      a proposed rule and requested public                      In addition, NMFS has continued to
                                           to a permit holder whose Federal vessel,                  comment on possible administrative                     expand the number of renewal
                                           license, or endorsement, or dealer                        process revisions to the renewal of                    applications that can be accessed and
                                           permit is expiring. NMFS will continue                    Federal vessel permits, licenses, or                   submitted online at the Southeast
                                           to provide notice of the upcoming                         endorsements, and Federal dealer                       Permits Office website. This option
                                           expiration date to the permit holder.                     permits (hereafter referred to                         includes the ability to pay application
                                           This final rule also removes the                          collectively as permits) for species                   fees electronically. As of October 3,
                                           regulatory requirement that NMFS must                     managed under multiple fishery                         2018, applicants can submit
                                           notify an applicant of any deficiency in                  management plans (FMPs) developed by                   applications online to renew the
                                           a renewal application only through                        Gulf of Mexico (Gulf) and South                        majority of the Federal permits in the
                                           sending a letter via traditional mail,                    Atlantic Fishery Management Councils                   southeast region.
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                                           such as through the U.S. Postal Service,                  (83 FR 37455). The proposed rule                          This final rule also removes the
                                           which allows NMFS expanded options                        outlined the rationale for the actions                 requirement that the RA must notify an
                                           for notifying permit holders. The                         contained in this final rule. A summary                applicant of any deficiency in a renewal
                                           purpose of this final rule is to reduce                   of the management measures described                   application only by a letter sent through
                                           the administrative costs and burden to                    in the proposed rule and implemented                   traditional mail. NMFS may notify a
                                           NMFS of renewing Federal permits,                         by this final rule is provided below.                  permit holder of an application


                                      VerDate Sep<11>2014     16:00 Dec 12, 2018   Jkt 247001   PO 00000   Frm 00010    Fmt 4700   Sfmt 4700   E:\FR\FM\13DER1.SGM    13DER1


                                                            Federal Register / Vol. 83, No. 239 / Thursday, December 13, 2018 / Rules and Regulations                                      64033

                                           deficiency through a letter, email, or                   proposed rule, as well as NMFS’                       methods to obtain an application (e.g.,
                                           other appropriate means that may be                      respective responses, are summarized                  through email or digital download).
                                           available.                                               below.                                                   Response: Those permit holders who
                                              NMFS expects this final rule to                          Comment 1: The proposed rule will                  continue to need NMFS to send a paper
                                           reduce administrative labor and                          result in additional burdens to permit                application can request one. Removing
                                           material costs associated with mailing                   holders such as additional time                       the requirement to mail all permit
                                           permit renewal applications and letters                  requirements and steps in the permit                  renewal applications will reduce costs,
                                           of application deficiency to permit                      renewal process, and as a result, could               while still allowing NMFS to provide
                                           holders by allowing NMFS the                             cause permits to expire.                              paper applications to those permit
                                           flexibility to use more efficient means to                  Response: As discussed in the                      holders who want them.
                                           provide the permit renewal applications                  proposed rule, although permit holders                   This final rule also allows NMFS to
                                           and notifications of application                         who currently rely on the application                 use expanded options for notifying
                                           deficiency.                                              being automatically mailed to them will               permit holders about permit renewals.
                                              NMFS does not expect this final rule                  be affected, any added cost or time to                NMFS will continue to notify the permit
                                           to affect the overall number of annual                   permit holders to acquire an application              holder approximately 2 months prior to
                                           permit renewals that NMFS receives or                    by the most commonly anticipated                      the expiration date of their permit
                                           change the average time necessary for an                 methods, that is, by telephone request,               through a letter, email, or other
                                           applicant to complete an application.                    digital download, or online access and                appropriate means that may be
                                           This final rule will not result in any                   submission, is expected to be minimal.                available. That renewal notification will
                                           change to fisheries operations.                          All of these methods to acquire an                    also include instructions for obtaining
                                              As described in 50 CFR 622.4(g)(1),
                                                                                                    application already exist, and an                     an application.
                                           NMFS reminds permit holders that a
                                                                                                    applicant may select a different option                  Comment 3: Commercial fishermen in
                                           completed renewal application along
                                                                                                    based on their preference each time they              catch share programs pay a 3 percent
                                           with required supporting
                                                                                                    need to renew a permit. As of October                 cost recovery fee to NMFS. Because
                                           documentation, must be submitted to
                                                                                                    2018, applicants can access and submit                commercial fishermen pay these
                                           the RA at least 30 days prior to the date
                                                                                                    applications online for the majority of               administrative costs, it is not fair to
                                           on which the applicant desires to have
                                                                                                    the permits issued under the FMPs, and                reduce administrative costs to the
                                           the permit effective. This final rule does
                                                                                                    NMFS continues to expand the number                   government and impose additional
                                           not revise this permit renewal
                                                                                                    of permit renewal applications that are               administrative duties on commercial
                                           requirement.
                                                                                                    available to submit online. For those                 fishermen.
                                           Additional Change Not Part of This                       permit holders with access to a                          Response: Cost recovery fees can only
                                           Final Rule                                               computer and the internet, accessing                  be used to pay for incremental costs
                                              Although not a regulatory                             and submitting a renewal application                  directly related to the management and
                                           requirement, NMFS has historically                       online will provide a direct benefit to               enforcement of the red snapper and
                                           mailed renewal applications for Federal                  permit holders by eliminating the cost                grouper-tilefish individual fishing quota
                                           operator cards (required for the Atlantic                of mailing a completed paper                          (IFQ) programs. The costs incurred by
                                           dolphin and wahoo, and South Atlantic                    application and a check or money order.               NMFS to mail renewal applications to
                                           rock shrimp commercial fisheries) to                     By providing the ability to pay the                   permit holders are unrelated to the
                                           vessel operators prior to the expiration                 permit renewal fee electronically, the                management and enforcement of those
                                           date. Upon implementation of this final                  benefits include, but are not restricted              programs. Permits are required to
                                           rule, NMFS will not automatically mail                   to, higher transaction speed, reduced                 harvest and possess multiple species of
                                           a renewal application to individuals                     check-associated costs, and greater                   fish regardless of whether someone
                                           with an operator card prior to the                       transaction transparency. Those permit                participates in one of IFQ programs, and
                                           expiration date; however, similar to the                 holders that do not have access to a                  this final rule applies to all permits
                                           notification of permit holders with                      computer or the internet can call and                 issued by the Southeast Permits Office.
                                           Federal permits discussed in this final                  request that NMFS mail them an                           Further, as discussed in the response
                                           rule, NMFS intends to continue                           application.                                          to Comment 1, any added cost or time
                                           providing notification to a vessel                          NMFS does not expect this final rule               to permit holders to acquire an
                                           operator with an operator card of its                    to change the average time required for               application by the most commonly
                                           upcoming expiration prior to that date.                  an applicant to complete a permit                     anticipated methods, that is, by
                                           Additionally, NMFS may use methods                       renewal application. NMFS will                        telephone request, digital download, or
                                           other than by letter to notify applicants                continue to provide permit reporting                  online access and submission, is
                                           that a renewal application contains                      requirements and instructions for                     expected to be minimal. However, this
                                           deficiencies.                                            viewing vessel reporting status in the                final rule gives NMFS the flexibility to
                                                                                                    permit renewal notification, which                    use more efficient means to provide
                                           Comments and Responses                                   NMFS sends to every permit holder                     permit renewal applications and
                                              NMFS received 23 comments from                        approximately 2 months prior to the                   notifications of application deficiency.
                                           individuals and a fisheries consulting                   expiration date of a permit. NMFS does
                                                                                                    not expect this final rule to affect the              Classification
                                           company on the proposed rule. The
                                           majority of the comments were in                         ability of any permit holder to renew a                 The RA for the NMFS Southeast
                                           support of the proposed rule. NMFS                       permit.                                               Region has determined that this final
                                           acknowledges the comments in favor of                       Comment 2: Renewing permits should                 rule is consistent with the applicable
amozie on DSK3GDR082PROD with RULES




                                           all or part of the proposed rule, and                    continue via printed and mailed                       FMPs in the Gulf and South Atlantic,
                                           agrees with them. Comments that were                     applications. Receiving an application                the Magnuson-Stevens Act, and other
                                           beyond the scope of the proposed rule                    in the mail has helped remind permit                  applicable laws.
                                           are not responded to in this final rule.                 holders to renew their permits, and not                 This final rule has been determined to
                                           Comments specifically in opposition to                   all permit holders have access to a                   be not significant for purposes of
                                           all or some of the actions in the                        computer or prefer not to use electronic              Executive Order 12866.


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                                           64034            Federal Register / Vol. 83, No. 239 / Thursday, December 13, 2018 / Rules and Regulations

                                              The Magnuson-Stevens Act provides                     List of Subjects in 50 CFR Part 622                   the applicable deadline will not be
                                           the statutory basis for this final rule. No                                                                    reissued.
                                           duplicative, overlapping, or conflicting                   Commercial, Dealer, Endorsement,
                                                                                                                                                          *     *    *    *     *
                                           Federal rules have been identified. In                   Fisheries, Fishing, Gulf of Mexico,                   [FR Doc. 2018–26984 Filed 12–12–18; 8:45 am]
                                           addition, no new reporting,                              License, Permit, South Atlantic.                      BILLING CODE 3510–22–P
                                           recordkeeping, or other compliance                         Dated: December 10, 2018.
                                           requirements are introduced by this                      Alan D. Risenhoover,
                                           final rule.                                                                                                    DEPARTMENT OF COMMERCE
                                                                                                    Acting Deputy Assistant Administrator for
                                              The Chief Counsel for Regulation of                   Regulatory Programs, National Marine                  National Oceanic and Atmospheric
                                           the Department of Commerce certified                     Fisheries Service.
                                                                                                                                                          Administration
                                           to the Chief Counsel for Advocacy of the
                                                                                                      For the reasons set out in the
                                           Small Business Administration during                                                                           50 CFR Part 679
                                                                                                    preamble, 50 CFR part 622 is amended
                                           the proposed rule stage that this rule
                                                                                                    as follows:                                           [Docket No. 170816769–8162–02]
                                           would not have a significant adverse
                                           economic impact on a substantial                         PART 622—FISHERIES OF THE                             RIN 0648–XG672
                                           number of small entities. The factual                    CARIBBEAN, GULF OF MEXICO, AND
                                           basis for this determination was                                                                               Fisheries of the Exclusive Economic
                                                                                                    SOUTH ATLANTIC
                                           published in the proposed rule and is                                                                          Zone Off Alaska; Pacific Cod by Non-
                                           not repeated here. No significant issues                                                                       American Fisheries Act Crab Vessels
                                                                                                    ■ 1. The authority citation for part 622              Operating as Catcher Vessels Using
                                           were raised by public comments related                   continues to read as follows:
                                           to the economic impacts on small                                                                               Pot Gear in the Western Regulatory
                                           businesses, and no changes to this final                     Authority: 16 U.S.C. 1801 et seq.                 Area of the Gulf of Alaska
                                           rule were made in response to public                     ■ 2. In § 622.4, revise paragraph (g)(1) to           AGENCY:  National Marine Fisheries
                                           comments. As a result, a final regulatory                read as follows:                                      Service (NMFS), National Oceanic and
                                           flexibility analysis was not required and                                                                      Atmospheric Administration (NOAA),
                                           none was prepared.                                       § 622.4    Permits and fees—general.                  Commerce.
                                              This final rule contains collection-of-               *      *    *      *     *                            ACTION: Temporary rule; closure.
                                           information requirements subject to the                     (g) * * *
                                           Paperwork Reduction Act (PRA) that                                                                             SUMMARY:   NMFS is prohibiting directed
                                                                                                       (1) Vessel permits, licenses, and                  fishing for Pacific cod by non-American
                                           OMB has approved under control
                                                                                                    endorsements, and dealer permits.                     Fisheries Act (AFA) crab vessels that are
                                           number 0648–0205. Public reporting
                                                                                                    Unless specified otherwise, a vessel or               subject to sideboard limits, and
                                           burdens for renewal applications in the
                                                                                                    dealer permit holder who has been                     operating as catcher vessels (CVs) using
                                           Southeast Region Permit Family of
                                                                                                    issued a permit, license, or endorsement              pot gear, in the Western Regulatory Area
                                           Forms are estimated to vary between 30
                                                                                                    under this part must renew such permit,               of the Gulf of Alaska (GOA). This action
                                           and 55 minutes, depending on the                                                                               is necessary to prevent exceeding the
                                           applicable form. The estimated                           license, or endorsement on an annual
                                                                                                    basis. The RA will notify a vessel or                 2018 Pacific cod sideboard limit
                                           reporting burdens are based on an                                                                              established for non-AFA crab vessels
                                           individual response, including the time                  dealer permit holder whose permit,
                                                                                                    license, or endorsement is expiring                   that are operating as CVs using pot gear
                                           for reviewing instructions, searching                                                                          in the Western Regulatory Area of the
                                           existing data sources, gathering and                     approximately 2 months prior to the
                                                                                                    expiration date. A vessel or dealer                   GOA.
                                           maintaining the data needed, and
                                                                                                    permit holder who does not receive a                  DATES: Effective 1200 hours, Alaska
                                           completing and reviewing the collection
                                                                                                    notification is still required to submit an           local time (A.l.t.), December 10, 2018,
                                           of information. This final rule does not
                                                                                                    application form as specified below.                  through 2400 hours, A.l.t., December 31,
                                           change existing collection-of-
                                                                                                    The applicant must submit a completed                 2018.
                                           information requirements or estimated
                                                                                                    renewal application form and all                      FOR FURTHER INFORMATION CONTACT: Josh
                                           reporting burdens. Send comments
                                                                                                    required supporting documents to the                  Keaton, 907–586–7228.
                                           regarding the burden estimates, or any
                                                                                                    RA prior to the applicable deadline for               SUPPLEMENTARY INFORMATION: NMFS
                                           other aspect of this data collection,
                                                                                                    renewal of the permit, license, or                    manages the groundfish fishery in the
                                           including suggestions for reducing the
                                                                                                    endorsement, and at least 30 calendar                 GOA exclusive economic zone
                                           burden to Adam Bailey, NMFS
                                                                                                    days prior to the date on which the                   according to the Fishery Management
                                           Southeast Regional Office (see
                                                                                                    applicant desires to have the permit                  Plan for Groundfish of the Gulf of
                                           ADDRESSES), by email to OIRA_
                                                                                                    made effective. Application forms and                 Alaska (FMP) prepared by the North
                                           Submission@omb.eop.gov, or fax to                        instructions for renewal are available
                                           202–395–5806.                                                                                                  Pacific Fishery Management Council
                                                                                                    online at sero.nmfs.noaa.gov or from the              under authority of the Magnuson-
                                              Notwithstanding any other provision                   RA (Southeast Permits Office) at 1–877–               Stevens Fishery Conservation and
                                           of the law, no person is required to                     376–4877, Monday through Friday                       Management Act. Regulations governing
                                           respond to, and no person will be                        between 8 a.m. and 4:30 p.m., eastern                 fishing by U.S. vessels in accordance
                                           subject to penalty for failure to comply                 time. If the RA receives an incomplete                with the FMP appear at subpart H of 50
                                           with, a collection of information subject                application, the RA will notify the                   CFR part 600 and 50 CFR part 679.
                                           to the requirements of the PRA, unless                   applicant of the deficiency. If the                   Regulations governing sideboard
amozie on DSK3GDR082PROD with RULES




                                           that collection of information displays a                applicant fails to correct the deficiency             protections for GOA groundfish
                                           currently valid OMB control number.                      within 30 calendar days of the                        fisheries appear at subpart B of 50 CFR
                                           All currently approved collections of                    notification date by the RA, the                      part 680.
                                           information may be viewed at http://                     application will be considered                           The 2018 Pacific cod sideboard limit
                                           www.cio.noaa.gov/services_programs/                      abandoned. A permit, license, or                      established for non-AFA crab vessels,
                                           prasubs.html.                                            endorsement that is not renewed within                and that are operating as CVs using pot


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Document Created: 2018-12-13 01:15:31
Document Modified: 2018-12-13 01:15:31
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.
DatesThis final rule is effective on January 14, 2019.
ContactSarah Stephenson, NMFS Southeast Regional Office, telephone: 727-824-5305, email: [email protected]
FR Citation83 FR 64032 
RIN Number0648-BH43
CFR AssociatedCommercial; Dealer; Endorsement; Fisheries; Fishing; Gulf of Mexico; License; Permit and South Atlantic

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