Fisheries Off West Coast States; Pacific Coast Groundfish Fishery Management Plan; Trawl Rationalization Program; Flow Scale Requirements, 27006-27011 [2016-10476]
Download as PDF
27006
Federal Register / Vol. 81, No. 87 / Thursday, May 5, 2016 / Rules and Regulations
Secretary will ordinarily provide no
written response to a rejected request.
(2) If the Secretary receives no
properly filed requests after the posting
of a rule and identifies no errors on the
Secretary’s own initiative, the Secretary
will in due course submit the rule as it
was posted to be Office of the Federal
Register for publication. This will occur
after the 30-day period prescribed by
paragraph (c)(2) of this section has
elapsed.
(3) If the Secretary receives a properly
filed request after issuance of a rule and
determines that a correction is
necessary, the Secretary will absent
extenuating circumstances, submit a
corrected rule for publication in the
Federal Register within 30 days after
the 30-day period prescribed by
paragraph (c)(2) of this section has
elapsed.
(4) Consistent with the Act,
compliance with an energy conservation
standard will be required upon the
specified compliance date as published
in the relevant rule in the Federal
Register.
(5) Consistent with the Administrative
Procedure Act, and other applicable
law, the Secretary will ordinarily
designate an effective date for a rule
under this section that is no less than 30
days after the publication of the rule in
the Federal Register.
(g) Alteration of standards. Until an
energy conservation standard has been
published in the Federal Register, the
Secretary may correct such standard,
consistent with the Administrative
Procedure Act.
(h) Judicial review. For determining
the prematurity, timeliness, or lateness
of a petition for judicial review pursuant
to section 336(b) of the Act (42 U.S.C.
6306), a rule is considered ‘‘prescribed’’
on the date when the rule is published
in the Federal Register.
PART 431—ENERGY EFFICIENCY
PROGRAM FOR CERTAIN
COMMERCIAL AND INDUSTRIAL
EQUIPMENT
3. The authority citation for part 431
continues to read as follows:
■
Authority: 42 U.S.C. 6291–6317.
4. Section 431.3 is added to subpart A
to read as follows:
ehiers on DSK5VPTVN1PROD with RULES
■
§ 431.3 Error correction procedure for
energy conservation standards rules.
Requests for error-corrections
pertaining to an energy conservation
standard rule for commercial or
industrial equipment shall follow those
VerDate Sep<11>2014
13:35 May 04, 2016
Jkt 238001
procedures and provisions detailed in
10 CFR 430.5.
[FR Doc. 2016–03190 Filed 5–4–16; 8:45 am]
BILLING CODE 6450–01–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
15 CFR Part 902
50 CFR Part 660
[Docket No. 151005920–6371–02]
RIN 0648–BF39
Fisheries Off West Coast States;
Pacific Coast Groundfish Fishery
Management Plan; Trawl
Rationalization Program; Flow Scale
Requirements
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule.
AGENCY:
This action revises scale
requirements for processing vessels that
are required to weigh fish at sea, i.e.,
mothership and catcher/processor
vessels, and Shorebased Individual
Fishery Quota Program (IFQ) first
receivers. For motherships and catcher/
processors that weigh fish at sea, the
action requires the use of updated scale
technology, requires enhanced daily
scale testing for flow scales (also known
as belt scales), and requires the use of
video to monitor the flow scale and the
area around the flow scale. For
Shorebased IFQ first receivers, the
action adds criteria for inseason flow
scale tests. In addition, the action
includes housekeeping changes that are
intended to better align the regulations
with defined terms, and to provide
clarity and consistency between
paragraphs. Action is needed to provide
precise and accurate catch estimates and
to reduce the likelihood that vessels will
under report harvests.
DATES: Effective June 6, 2016.
ADDRESSES: Address all comments
concerning this rule to: William W.
Stelle Jr., Regional Administrator, West
Coast Region NMFS, 7600 Sand Point
Way NE., Seattle, WA 98115–0070.
FOR FURTHER INFORMATION CONTACT:
Miako Ushio, (206) 526–4644.
SUPPLEMENTARY INFORMATION:
SUMMARY:
Electronic Access
This final rule is accessible via the
Internet at the Office of the Federal
PO 00000
Frm 00010
Fmt 4700
Sfmt 4700
Register Web site at https://
www.federalregister.gov. Background
information and documents are
available at the NMFS West Coast
Region Web site at https://
www.westcoast.fisheries.noaa.gov/
fisheries/groundfish/ and at
the Pacific Fishery Management
Council’s Web site at https://
www.pcouncil.org/.
Motherships and Catcher/Processors
An at-sea scale program was
developed for the Alaska groundfish
fishery in 1998 to provide catch
accounting that was more precise and
verifiable at the individual haul level
and less dependent on estimates
generated by at-sea observers (February
4, 1998; 63 FR 5836). The at-sea scale
program supported implementation of a
large-scale quota share program that
required verifiable and defensible
estimates of harvest. Since
implemenation of those weighing
requirements in 1998, at-sea scales have
been used to provide reliable, precise
and accurate estimates of catch in the
Alaskan groundfish fisheries. At the
same time, scale technology has evolved
and NMFS has developed greater
expertise in monitoring processing
activity.
Recent fraud on some vessels was
found to have resulted in systematic
underestimates of scale weights used for
catch accounting. As a result, at-sea
flow scale regulations for the Alaska
Region at 50 CFR 679.28 were revised
on December 18, 2014 (November 18,
2014; 79 FR 68610) to improve scale
accuracy and reduce bias. Revisions to
the Alaska regulations included a suite
of modifications to the at-sea scales
program that included the use of flow
scales capable of logging and printing
the frequency and magnitude of scale
calibrations relative to previous
calibrations as well as the time and date
of each scale fault (or error) and scale
startup time; revised daily scale test
methods; and new requirements for
video monitoring.
In 2011, a trawl rationalization
program was implemented for the
Pacific Coast groundfish fishery which
included scale requirements specified in
regulation at § 660.15(b) (December 15,
2010; 75 FR 78344). These regulations
require mothership and catcher/
processor vessels to use scales certified
for the Alaska groundfish fisheries. This
action modifies the Pacific Coast
groundfish fishery regulations to be
consistent with the Alaska Region’s
2014 regulation updates, thereby
bringing them up to date with current
technology, reducing the potential for
scale tampering, and improving catch
E:\FR\FM\05MYR1.SGM
05MYR1
ehiers on DSK5VPTVN1PROD with RULES
Federal Register / Vol. 81, No. 87 / Thursday, May 5, 2016 / Rules and Regulations
accounting accuracy. Catch estimates
based on inaccurate scale weights could
systematically underestimate harvests.
Given the importance of using accurate
and reliable catch accounting data for
management of the groundfish stocks,
NMFS is implementing revisions
consistent with the revisions made for
the Alaska groundfish fishery, and with
the intent of enforcement and
monitoring provisions implemented
under Amendment 20 to the Pacific
Coast groundfish fishery management
plan (FMP).
This final rule updates the
requirements for scales consistent with
Alaska regulations at § 679.28. Improved
scale technology includes features that
allow NMFS to determine how well the
flow scales are performing, and improve
the accuracy and reliability of flow scale
measurements. Because the mothership
and catcher/processor vessels already
have upgraded scale systems for the
Alaska Fisheries, and the scales are
certified through annual testing
provided by the Alaska Region, aligning
the performance and technical
requirements is reasonable and not
expected to result in added costs to the
vessels.
Regulatory revisions include
improvements to daily scale tests. The
types of material used for the daily scale
test are limited to test materials (i.e.,
pre-weighed sand bags) supplied by the
scale manufacturer or approved by a
NMFS-authorized scale inspector. The
minimum amount of weight for each
test and the number of runs are stated
in regulations. In addition, new
requirements for documenting failed
scale tests, and printing audit and
calibration reports are specified.
Regulatory revisions require that all
mothership and catcher/processors
vessels use video monitoring systems
that meet the Alaska fishery system
requirements, specified at § 679.28(e),
when they are fishing in the Pacific
Coast groundfish fishery. The video
monitoring systems allow the activities
around the flow scale to be monitored
to ensure that the flow scale is
functioning properly (e.g., that the flow
scale is not running while in a fault
(error) state); ensure that all fish are
being weighed; detect when crew
members are working on the flow scale;
and ensure that daily flow scale tests are
being conducted on the required
schedule and with the appropriate test
weights. The video systems are required
to capture imagery of areas where the
catch enters, moves across, and leaves
the scale; of any access points that may
be adjusted or modified by crew; and of
the scale display and the indicator of
when the scale is operating in a fault
VerDate Sep<11>2014
13:35 May 04, 2016
Jkt 238001
state. Consistent with the Alaska
requirements, the vessel operator is
required to maintain the video imagery
for at least 120 days and make the
imagery available to NMFS upon
request.
IFQ First Receivers
Regulations at § 660.15(c) define the
performance and technical requirements
for scales used to weigh fish at
Shorebased IFQ first receivers. Since the
Shorebased IFQ program was
implemented in 2011, some Shorebased
IFQ first receivers located in Oregon and
Washington have installed flow scales.
The states of Oregon and Washington
test the flow scales consistent with
national weights and measures
standards. This action revises
regulations to include performance and
technical requirements for flow scales
used at IFQ first receivers. In addition,
several minor technical changes are
made. The regulatory changes for first
receivers include revisions to inseason
scale test requirements specific to flow
scales; adding catch monitors to the list
of individuals that have access to scale
displays and printouts; revisions to
inseason scale test requirements specific
to flow scales; and the correction of a
value for maximum error in scale
divisions.
Housekeeping
Numerous minor changes are made
throughout the regulations at 50 CFR
660.15, 660.113, 660.150 and 660.160
for clarity, to better align different
sections of the regulations, to update
cross references, and for consistency in
the use of terms. Paragraph 660.15(a) is
revised to remove reporting
requirements that are repeated in other
more appropriate sections of the
regulations. Regulatory language
originally adopted from the Alaska
Groundfish fisheries is not consistent
with language used for the Pacific Coast
groundfish fishery; therefore, minor
revisions are made to paragraph
§ 660.15(b) for clarity and to be
consistent with other sections of the
Pacific Coast groundfish regulations.
Minor changes are made at § 660.15(c)
to revise terms for consistent use
throughout the regulations. Minor
changes are made at § 660.113 to revise
terms for consistent use throughout the
regulations and to update cross
references. Minor changes are made at
§§ 660.150(b) and 660.160(b) to revise
terms for consistent use throughout the
regulations, and update cross references,
to add missing references for cease
fishing reports and to add clarity to the
vessel responsibilities relative to
observer platform scale.
PO 00000
Frm 00011
Fmt 4700
Sfmt 4700
27007
NMFS published a proposed rule for
this action on January 19, 2016 (81 FR
2831). The comment period for the
proposed rule ended on February 18,
2016, and no comments were received.
Therefore, no changes were made from
the proposed rule in response to
comments.
Section 3507(c)(B)(i) of the PRA
requires that agencies inventory and
display a current control number
assigned by the Director, Office of
Management and Budget (OMB), for
each agency information collection.
Section 902.1(b) identifies the location
of NOAA regulations for which OMB
approval numbers have been issued.
Because this final rule adds
requirements for scale test report
recording and maintenance, 15 CFR
902.1(b) is revised to reference correctly
the section resulting from this final rule.
Classification
NMFS has determined that this action
is consistent with the FMP, the
Magnuson Stevens Conservation and
Management Act, and other applicable
laws.
The Office of Management and Budget
has determined that this action is not
significant for purposes of Executive
Order 12866.
The Chief Counsel for Regulation of
the Department of Commerce certified
to the Chief Counsel for Advocacy of the
Small Business Administration during
the proposed rule stage that this action
would not have a significant economic
impact on a substantial number of small
entities. The factual basis for the
certification was published in the
proposed rule and is not repeated here.
No comments were received regarding
this certification, and NMFS has not
received any new information that
would affect its determination. As a
result, a final regulatory flexibility
analysis is not required, and none has
been prepared.
This final rule contains a collectionof-information requirement subject to
review and approval by OMB under the
Paperwork Reduction Act (PRA). This
requirement has been approved by OMB
as revisions to OMB collection 0648–
0619. The public reporting burden for
the at-sea scale requirements, including
daily test reports (30 minute per
response), daily catch and cumulative
weight reports (10 min per response),
the audit trail (1 minute per response),
calibration log (1 minute per response),
fault log (1 minute per response) and
video monitoring (0 minute per
response), is estimated to average 43
minutes per response. Send comments
on the burden estimate or any other
aspects of the collection of information
E:\FR\FM\05MYR1.SGM
05MYR1
27008
Federal Register / Vol. 81, No. 87 / Thursday, May 5, 2016 / Rules and Regulations
to West Coast Region at the ADDRESSES
above, and by email to OIRA_
Submission@omb.eop.gov or fax to (202)
395–7285.
Notwithstanding any other provision
of the law, no person is required to
respond to, and no person shall be
subject to penalty for failure to comply
with, a collection of information subject
to the requirements of the PRA, unless
that collection of information displays a
currently valid OMB control number.
Title 50—Wildlife and Fisheries
List of Subjects
§ 660.15
15 CFR Part 902
Reporting and recordkeeping
requirements.
50 CFR Part 660
Fisheries, Fishing, and Indian
fisheries.
Dated: April 29, 2016.
Samuel D. Rauch III,
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
For the reasons set out in the
preamble, 15 CFR part 902 and 50 CFR
part 660 are amended as follows:
Title 15—Commerce and Foreign Trade
PART 902—NOAA INFORMATION
COLLECTION REQUIREMENTS UNDER
THE PAPERWORK REDUCTION ACT:
OMB CONTROL NUMBERS
1. The authority citation for part 902
continues to read as follows:
■
Authority: 44 U.S.C. 3501 et seq.
2. In § 902.1, in the table in paragraph
(b), under the entry ‘‘50 CFR’’, revise the
entry for ‘‘660.13’’ and add an entry in
alphanumeric order for ‘‘660.15’’ to read
as follows:
■
§ 902.1 OMB control numbers assigned
pursuant to the Paperwork Reduction Act.
*
*
*
(b) * * *
*
*
CFR Part or section
where the information
collection requirement
is located
ehiers on DSK5VPTVN1PROD with RULES
*
50 CFR:
*
Current OMB
Control No.
(All numbers begin
with 0648–)
*
*
*
*
*
*
*
*
660.13 ....................... –0573 and –0619.
*
*
*
*
660.15 ....................... –0619.
*
VerDate Sep<11>2014
*
*
13:35 May 04, 2016
*
Jkt 238001
*
*
PART 660—FISHERIES OFF WEST
COAST STATES
3. The authority citation for part 660
continues to read as follows:
■
Authority: 16 U.S.C. 1801 et seq., 16 U.S.C.
773 et seq., and 16 U.S.C. 7001 et seq.
4. In § 660.15, revise paragraphs (a),
(b), and (c) and add paragraph (e) to
read as follows:
■
Equipment requirements.
(a) Applicability. This section
contains the equipment and operational
requirements for scales used to weigh
fish at sea, scales used to weigh fish at
IFQ first receivers, video monitoring
systems, computer hardware for
electronic fish ticket software, and
computer hardware for electronic
logbook software.
(b) Scales used to weigh fish at sea.
Vessel owners, operators, and managers
are jointly and severally responsible for
their vessel’s compliance with the
requirements specified in this section.
(1) Performance and technical
requirements for scales in the MS and
C/P Coop Programs. A scale used to
weigh fish in the MS and C/P Coop
Programs must meet the type
evaluation, initial inspection, and
annual reinspection requirements set
forth in 50 CFR 679.28(b)(1) and (2), and
must be approved by NMFS to weigh
fish at sea.
(2) Annual inspection. Once a scale is
installed on a vessel and approved by
NMFS for use to weigh fish at sea, it
must be reinspected annually within 12
months of the date of the most recent
inspection to determine if the scale
meets all of the applicable performance
and technical requirements as described
in 50 CFR 679.28(b).
(3) Daily testing. Each scale used to
weigh fish must be tested at least once
each calendar day to ensure that each
scale meets the maximum permissible
error requirements described at
paragraph (b)(4) of this section.
(4) Daily at-sea scale tests. To verify
that the scale meets the maximum
permissible errors specified in this
paragraph, each scale used to weigh fish
must be tested at least one time during
each calendar day when use of the scale
is required. The tests must be performed
in an accurate and timely manner.
(i) Flow or Belt scales—(A) Maximum
permissible errors. The maximum
permissible errors for the daily at-sea
scale test is plus or minus 3 percent of
the known weight of the test material.
(B) Test Procedure. A test must be
conducted by weighing no less than 400
kg (882 lb) of test material, supplied by
PO 00000
Frm 00012
Fmt 4700
Sfmt 4700
the scale manufacturer or approved by
a NMFS-authorized scale inspector, on
the scale under test. The test material
may be run across the scale multiple
times in order to total 400 kg; however,
no single run of test material across the
scale may weigh less than 40 kg (88.2
lb). The known weight of test material
must be determined at the time of each
scale test by weighing it on a platform
scale approved for use under 50 CFR
679.28(b)(7).
(ii) Platform scales required for
observer sampling or to determine
known weight of test material on
mothership and catcher/processor
vessels—(A) Maximum permissible
errors. The maximum permissible errors
for the daily at-sea scale test for
platform scales is plus or minus 0.5
percent of the weight tested.
(B) Test Procedure. A platform scale
used for observer sampling must be
tested at 10, 25, and 50 kg (or 20, 50,
and 100 lb if the scale is denominated
in pounds) using approved test weights.
Any combination of test weights that
will allow the scale to be tested at 10 kg,
25 kg, and 50 kg may be used. A
platform scale used to weigh fish must
be tested at a weight equal to the largest
amount of fish that will be weighed on
the scale in one weighing.
(C) Approved test weights. Each test
weight must have its weight stamped on
or otherwise permanently affixed to it.
The weight of each test weight must be
annually certified by a National Institute
of Standards and Technology-approved
metrology laboratory or approved for
continued use by the NMFS authorized
inspector at the time of the annual scale
inspection.
(iii) Requirements for all at-sea scale
tests. The following conditions must be
met:
(A) Notify the observer at least 15
minutes before the time that the test will
be conducted, and conduct the test
while the observer is present.
(B) Conduct the scale test by placing
the test material or test weights on or
across the scale and recording the
following information on the at-sea
scale test report form:
(1) Vessel name;
(2) Month, day, and year of test;
(3) Time test started to the nearest
minute in local time;
(4) Known weight of test materials or
test weights;
(5) Weight of test material or test
weights recorded by scale;
(6) Percent error as determined by
subtracting the known weight of the test
material or test weights from the weight
recorded on the scale, dividing that
amount by the known weight of the test
E:\FR\FM\05MYR1.SGM
05MYR1
ehiers on DSK5VPTVN1PROD with RULES
Federal Register / Vol. 81, No. 87 / Thursday, May 5, 2016 / Rules and Regulations
material or test weights, and
multiplying by 100; and
(7) Signature of operator.
(C) Maintain the scale test report form
from all at-sea scale tests, including test
report forms from failed scale tests on
board the vessel until the end of the
fishing year during which the tests were
conducted, and make the report forms
available to observers, NMFS staff, or
authorized officers. In addition, the
scale test report forms must be retained
for 3 years after the end of the fishing
year during which the tests were
performed. Each scale test report form
must be signed by the operator
immediately following completion of
each scale test.
(5) Scale maintenance. The scale must
be maintained in proper operating
condition throughout its use;
adjustments made to the scale must be
made to bring the performance errors as
close as practicable to a zero value; and
no adjustment may be made that will
cause the scale to weigh fish
inaccurately.
(6) Printed reports from the scale (not
applicable to observer sampling scales).
Printed reports are provided to NMFS as
required by this paragraph. Printed
reports from the scale must be
maintained on board the vessel until the
end of the year during which the reports
were made, and made available to
observers, NMFS staff or authorized
officers. In addition, printed reports
must be retained for 3 years after the
end of the year during which the
printouts were made.
(i) Printed reports of catch weight and
cumulative weight. Reports must be
printed at least once every calendar day
when use of the scale is required.
Reports must also be printed before any
information stored in the scale
computer memory is replaced. Scale
weights must not be adjusted by the
scale operator to account for the
perceived weight of water, slime, mud,
debris, or other materials. Scale
printouts must show:
(A) The vessel name and Federal
vessel permit number;
(B) The date and time the information
was printed;
(C) The haul number;
(D) The total weight of the haul; and
(E) The total cumulative weight of all
fish and other material weighed on the
scale since the last annual inspection.
(ii) Printed report from the audit trail.
The printed report must include the
information specified in sections
2.3.1.8, 3.3.1.7, and 4.3.1.8 of appendix
A to 50 CFR part 679. The printed report
must be provided to the authorized
scale inspector at each scale inspection
and must also be printed at any time
VerDate Sep<11>2014
13:35 May 04, 2016
Jkt 238001
upon request of the observer, NMFS
personnel or an authorized officer.
(iii) Printed report from calibration
log. The operator must print the
calibration log on request by NMFS staff
or an authorized officer, or person
authorized by NMFS. The calibration
log must be printed and retained before
any information stored in the scale
computer memory is replaced. The
calibration log must detail either the
prior 1,000 calibrations or all
calibrations since the scale electronics
were first put into service, whichever is
less. The printout from the calibration
log must show:
(A) The vessel name and Federal
fisheries or processor permit number;
(B) The month, day, and year of the
calibration;
(C) The time of the calibration to the
nearest minute in local time;
(D) The weight used to calibrate the
scale; and
(E) The magnitude of the calibration
in comparison to the prior calibration.
(iv) Printed reports from the fault log.
The operator must print the fault log on
request by NMFS staff, an authorized
officer or person authorized by NMFS.
The fault log must be printed and
retained before any information stored
in the scale computer memory is
replaced. The fault log must detail
either the prior 1,000 faults and
startups, or all faults and startups since
the scale electronics were first put into
service, whichever is less. A fault, for
the purposes of the fault log, is any
condition other than underflow detected
by the scale electronics that could affect
the metrological accuracy of the scale.
The printout from the fault log must
show:
(A) The vessel name and Federal
fisheries or processor permit number;
(B) The month, day, year, and time of
each startup to the nearest minute in
local time;
(C) The month, day, year, and time
that each fault began to the nearest
minute in local time; and
(D) The month, day, year, and time
that each fault was resolved to the
nearest minute in local time.
(v) Platform scales used for observer
sampling. A platform scale used for
observer sampling is not required to
produce a printed record.
(7) Video monitoring for scales used
by the vessel crew to weigh catch.
Mothership or Catcher/Processor vessels
required to weigh fish under the
regulations in this section must provide
and maintain a NMFS-approved video
monitoring system as specified in
paragraph (e) of this section.
(c) Scales used to weigh fish at IFQ
first receivers—performance and
PO 00000
Frm 00013
Fmt 4700
Sfmt 4700
27009
technical requirements. Scale
requirements in this paragraph are in
addition to those requirements set forth
by the State in which the scale is
located, and nothing in this paragraph
may be construed to reduce or
supersede the authority of the State to
regulate, test, or approve scales within
the State. Scales used to weigh fish that
are also required to be approved by the
State must meet the following
requirements:
(1) Verification of approval. The scale
must display a valid sticker indicating
that the scale is currently approved in
accordance with the laws of the state
where the scale is located.
(2) Visibility. The IFQ first receiver
must ensure that the scale and scale
display are visible simultaneously to the
catch monitor. Catch monitors, NMFS
staff, NMFS-authorized personnel, or
authorized officers must be allowed to
observe the weighing of fish on the scale
and be allowed to read the scale display
at all times.
(3) Printed scale weights.
(i) An IFQ first receiver must ensure
that printouts of the scale weight of each
delivery or offload are made available to
the catch monitor, NMFS staff, to
NMFS-authorized personnel, or to
authorized officers at the time printouts
are generated. An IFQ first receiver must
maintain printouts on site until the end
of the fishing year during which the
printouts were made and make them
available upon request by the catch
monitor, NMFS staff, NMFS-authorized
personnel, or authorized officers for 3
years after the end of the fishing year
during which the printout was made.
(ii) All scales identified in a catch
monitoring plan (see § 660.140(f)(3))
must produce a printed record for each
landing, or portion of a landing,
weighed on that scale. NMFS may
exempt, through approval of the NMFSaccepted catch monitoring plan, scales
not designed for automatic bulk
weighing from part or all of the printed
record requirements. IFQ first receivers
that receive no more than 200,000
pounds of groundfish in any calendar
month may be exempt under
§ 660.140(j)(2). For scales that must
produce a printed record, the printed
record must include:
(A) The IFQ first receiver’s name;
(B) The weight of each load in the
weighing cycle;
(C) The total weight of fish in each
landing, or portion of the landing that
was weighed on that scale;
(D) For belt scales and weight belts,
the total cumulative weight of all fish or
other material weighed on the scale
since the last inspection;
E:\FR\FM\05MYR1.SGM
05MYR1
27010
Federal Register / Vol. 81, No. 87 / Thursday, May 5, 2016 / Rules and Regulations
has been completed and the scale
indicator has returned to a zero.
(ii) [Reserved]
*
*
*
*
*
(e) Video monitoring systems used
monitor at-sea scales—(1) Performance
and technical requirements for video
monitoring systems for the MS and C/P
Coop Programs. A video monitoring
system used to monitor at-sea scales
must meet the system requirements and
system inspections, set forth in 50 CFR
679.28(e)(1) through (4) and be issued a
Video Monitoring Inspection Report
verifying that the video system meets all
applicable requirements for use in the
Alaska Pollock fishery. Any change to
the system must meet the requirements
specified at 50 CFR 679.28(e)(7) and be
approved by the Alaska Regional
Administrator in writing before any
changes are made.
(i) MS or C/P vessels required to
weigh fish at sea under the regulations
in this section must:
(A) Provide and maintain a video
monitoring system that provides
sufficient resolution and field of view to
monitor: All areas where catch enters
the scale, moves across the scale and
leaves the scale; any access point to the
scale from which the scale may be
adjusted or modified by vessel crew
while the vessel is at sea; and the scale
display and the indicator for the scale
operating in a fault state.
(B) Record and retain video for all
periods when catch that must be
weighed is on board the vessel.
(ii) [Reserved]
(2) Video Monitoring System
Inspection Report. A current NMFSissued Video Monitoring System
Inspection Report must be maintained
on board the vessel at all times the
vessel is required to have an approved
Maximum
video monitoring system. The Video
Test load in scale divisions
error in scale
Monitoring System Inspection Report
divisions
must be made available to the observer,
(i) 0–500 ...............................
1 NMFS staff, or to an authorized officer
(ii) 501–2,000 ........................
2 upon request.
(3) Retention of records. Consistent
(iii) 2,001–4,000 ....................
3
(iv) >4,000 ............................
5 with the requirements set forth at 50
CFR 679.28(e)(1), the video data must be
(D) Automatic weighing systems. An
maintained on the vessel and made
automatic weighing system must be
available on request by NMFS staff, or
provided and operational that will
any individual authorized by NMFS.
prevent fish from passing over the scale The data must be retained on board the
or entering any weighing hopper unless vessel for no less than 120 days after the
the following criteria are met:
date the video is recorded, unless NMFS
(1) No catch may enter or leave a
has notified the operator in writing that
weighing hopper until the weighing
the video data may be retained for less
cycle is complete;
than this 120-day period.
(2) No product may be cycled and
■ 3. In § 660.112, add paragraphs (c)(5)
weighed if the weight recording element and (6) to read as follows:
is not operational; and
§ 660.112 Trawl fishery—prohibitions.
(3) No product may enter a weighing
hopper until the prior weighing cycle
*
*
*
*
*
ehiers on DSK5VPTVN1PROD with RULES
(E) The date the information is
printed; and
(F) The name and vessel registration
or documentation number of the vessel
making the landing. The person
operating the scale may write this
information on the scale printout in ink
at the time of printing.
(4) Inseason scale testing. IFQ first
receivers must allow, and provide
reasonable assistance to NMFS staff,
NMFS-authorized personnel, and
authorized officers to test scales used to
weigh IFQ fish. A scale that does not
pass an inseason test may not be used
to weigh IFQ fish until the scale passes
an inseason test or is approved for
continued use by the weights and
measures authorities of the State in
which the scale is located.
(i) Inseason testing criteria. To pass an
inseason test, NMFS staff or authorized
officers must be able to verify that:
(A) The scale display and printed
information are clear and easily read
under all conditions of normal
operation;
(B) Weight values are visible on the
display until the value is printed;
(C) The scale does not exceed the
maximum permissible errors specified
in this paragraph:
(1) Flow scales (also known as belt
scales and weight belts). The maximum
permissible error is plus or minus 0.25
percent of the known weight of the test
material with repeatability between tests
of no more than 0.25 percent. Percent
error is determined by subtracting the
known weight of the test material or test
weights from the weight recorded on the
scale, dividing that amount by the
known weight of the test material or test
weights, and multiplying by 100.
(2) All other scales.
VerDate Sep<11>2014
13:35 May 04, 2016
Jkt 238001
PO 00000
Frm 00014
Fmt 4700
Sfmt 4700
(c) * * *
(5) Fail to weigh all fish taken and
retained aboard the vessel on a scale
that meets the performance and
technical requirements specified at
§ 660.15(b).
(6) Weigh fish taken and retained
aboard the vessel without operating and
maintaining a video monitoring system
that meets the performance and
technical requirements specified at
§ 660.15(e).
*
*
*
*
*
■ 4. In § 660.113, revise paragraphs
(c)(2) and (d)(2) to read as follows:
§ 660.113 Trawl fishery—recordkeeping
and reporting.
*
*
*
*
*
(c) * * *
(2) NMFS-approved scale—(i) Scale
test report form. Mothership vessel
operators are responsible for conducting
scale tests and for recording the scale
test information on the scale test report
form as specified at § 660.15(b), for
mothership vessels.
(ii) Printed scale reports.
Requirements pertaining to printed
scale reports and scale weight printouts
are specified at § 660.15(b), for
mothership vessels.
(iii) Retention of scale records and
reports. Vessels must maintain scale test
report forms on board until the end of
the fishing year during which the tests
were conducted, and make the report
forms available to observers, NMFS
staff, or authorized officers. In addition,
the scale test report forms must be
maintained for 3 years after the end of
the fishing year during which the tests
were performed. All scale test report
forms must be signed by the operator.
*
*
*
*
*
(d) * * *
(2) NMFS-approved scales—(i) Scale
test report form. Catcher/processor
vessel operators are responsible for
conducting scale tests and for recording
the scale test information on the scale
test report form as specified at
§ 660.15(b), for catcher/processor
vessels.
(ii) Printed scale reports. Specific
requirements pertaining to printed scale
reports and scale weight printouts are
specified at § 660.15(b), for catcher/
processor vessels.
(iii) Retention of scale records and
reports. The vessel must maintain the
scale test report form on board until the
end of the fishing year during which the
tests were conducted, and make the
report forms available to observers,
NMFS staff, or authorized officers. In
addition, the scale test report forms
must be maintained for 3 years after the
E:\FR\FM\05MYR1.SGM
05MYR1
Federal Register / Vol. 81, No. 87 / Thursday, May 5, 2016 / Rules and Regulations
end of the fishing year during which the
tests were performed. All scale test
report forms must be signed by the
operator.
*
*
*
*
*
■ 5. In § 660.150, revise paragraphs
(b)(1)(ii) introductory text and
(b)(1)(ii)(A) and (C) to read as follows:
§ 660.150
Mothership (MS) Coop Program.
*
*
*
*
(b) * * *
(1) * * *
(ii) Mothership vessel responsibilities.
The owner and operator of a mothership
vessel must:
(A) Recordkeeping and reporting.
Maintain a valid declaration as specified
at § 660.13(d); maintain records as
specified at § 660.113(a); and maintain
and submit all records and reports
specified at § 660.113(c) including,
economic data, scale tests records, cease
fishing reports, and cost recovery.
*
*
*
*
*
(C) Catch weighing requirements. The
owner and operator of a mothership
vessel must:
(1) Ensure that all catch is weighed in
its round form on a NMFS-approved
scale that meets the requirements
described in section § 660.15(b);
(2) Provide a NMFS-approved
platform scale, belt scale, and test
weights that meet the requirements
described in section § 660.15(b).
*
*
*
*
*
■ 6. In § 660.160, revise paragraphs
(b)(1)(ii) introductory text and
(b)(1)(ii)(A) and (C) to read as follows:
weights that meet the requirements
described in § 660.15(b).
*
*
*
*
*
[FR Doc. 2016–10476 Filed 5–4–16; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF THE TREASURY
Internal Revenue Service
*
§ 660.160 Catcher/processor (C/P) Coop
Program.
ehiers on DSK5VPTVN1PROD with RULES
*
*
*
*
*
(b) * * *
(1) * * *
(ii) Catcher/processor vessel
responsibilities. The owner and operator
of a catcher/processor vessel must:
(A) Recordkeeping and reporting.
Maintain a valid declaration as specified
at § 660.13(d); maintain records as
specified at § 660.113(a); and maintain
and submit all records and reports
specified at § 660.113(d) including,
economic data, scale tests records, cease
fishing reports, and cost recovery.
*
*
*
*
*
(C) Catch weighing requirements. The
owner and operator of a catcher/
processor vessel must:
(1) Ensure that all catch is weighed in
its round form on a NMFS-approved
scale that meets the requirements
described in § 660.15(b);
(2) Provide a NMFS-approved
platform scale, belt scale, and test
VerDate Sep<11>2014
13:35 May 04, 2016
Jkt 238001
26 CFR Part 1
[TD 9767]
Additional Limitation on Suspension of
Benefits Applicable to Certain Pension
Plans Under the Multiemployer
Pension Reform Act of 2014
Internal Revenue Service (IRS),
Treasury.
ACTION: Final regulations.
AGENCY:
The Multiemployer Pension
Reform Act of 2014 (‘‘MPRA’’), which
was enacted by Congress as part of the
Consolidated and Further Continuing
Appropriations Act of 2015, relates to
multiemployer defined benefit pension
plans that are projected to have
insufficient funds, within a specified
timeframe, to pay the full plan benefits
to which individuals will be entitled
(referred to as plans in ‘‘critical and
declining status’’). Under MPRA, the
sponsor of such a plan is permitted to
reduce the pension benefits payable to
plan participants and beneficiaries if
certain conditions and limitations are
satisfied (referred to in MPRA as a
‘‘suspension of benefits’’). One specific
limitation governs the application of a
suspension of benefits under any plan
that includes benefits directly
attributable to a participant’s service
with any employer that has withdrawn
from the plan in a complete withdrawal,
paid its full withdrawal liability, and,
pursuant to a collective bargaining
agreement, assumed liability for
providing benefits to participants and
beneficiaries equal to any benefits for
such participants and beneficiaries
reduced as a result of the financial
status of the plan. This document
contains final regulations that provide
guidance relating to this specific
limitation. These regulations affect
active, retired, and deferred vested
participants and beneficiaries under any
such multiemployer plan in critical and
declining status as well as employers
contributing to, and sponsors and
administrators of, those plans.
DATES: Effective date: These regulations
are effective on May 5, 2016.
SUMMARY:
Frm 00015
Fmt 4700
Applicability date: These regulations
apply to suspensions for which the
approval or denial is issued on or after
April 26, 2016. In the case of a
systemically important plan, the final
regulations apply with respect to any
modified suspension implemented on or
after April 26, 2016.
FOR FURTHER INFORMATION CONTACT: The
Department of the Treasury MPRA
guidance information line at (202) 622–
1559 (not a toll-free number).
SUPPLEMENTARY INFORMATION:
Background
RIN 1545–BN24
PO 00000
27011
Sfmt 4700
This document contains amendments
to the Income Tax Regulations (26 CFR
part 1) under section 432(e)(9) of the
Internal Revenue Code (Code), as
amended by section 201 of the
Multiemployer Pension Reform Act of
2014, Division O of the Consolidated
and Further Continuing Appropriations
Act, 2015, Public Law 113–235 (128
Stat. 2130 (2014)) (MPRA).1 As
amended, section 432(e)(9) permits plan
sponsors of certain multiemployer plans
to reduce the plan benefits payable to
participants and beneficiaries by plan
amendment (referred to in the statute as
a ‘‘suspension of benefits’’) if specified
conditions are satisfied. A plan sponsor
that seeks to implement a suspension of
benefits must submit an application for
approval of that suspension to the
Secretary of the Treasury. The Secretary
of the Treasury, in consultation with the
Pension Benefit Guaranty Corporation
and the Secretary of Labor (generally
referred to in this preamble as the
Treasury Department, PBGC, and Labor
Department, respectively), is required
by the statute to approve the application
upon finding that certain specified
conditions are satisfied.
One condition, set forth in section
432(e)(9)(D)(vii), is a specific limitation
on how a suspension of benefits must be
applied under a plan that includes
benefits that are directly attributable to
a participant’s service with any
employer described in section
432(e)(9)(D)(vii)(III). An employer is
described in section 432(e)(9)(D)(vii)(III)
if the employer has, prior to the date
MPRA was enacted (December 16,
2014): (1) Withdrawn from the plan in
a complete withdrawal under section
1 Section 201 of MPRA makes parallel
amendments to section 305 of the Employee
Retirement Income Security Act of 1974, Public
Law 93–406 (88 Stat. 829 (1974)), as amended
(ERISA). The Treasury Department has interpretive
jurisdiction over the subject matter of these
provisions under ERISA as well as the Code. See
also section 101 of Reorganization Plan No. 4 of
1978 (43 FR 47713). Thus, these final Treasury
regulations issued under section 432 of the Code
apply as well for purposes of section 305 of ERISA.
E:\FR\FM\05MYR1.SGM
05MYR1
Agencies
[Federal Register Volume 81, Number 87 (Thursday, May 5, 2016)]
[Rules and Regulations]
[Pages 27006-27011]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-10476]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
15 CFR Part 902
50 CFR Part 660
[Docket No. 151005920-6371-02]
RIN 0648-BF39
Fisheries Off West Coast States; Pacific Coast Groundfish Fishery
Management Plan; Trawl Rationalization Program; Flow Scale Requirements
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This action revises scale requirements for processing vessels
that are required to weigh fish at sea, i.e., mothership and catcher/
processor vessels, and Shorebased Individual Fishery Quota Program
(IFQ) first receivers. For motherships and catcher/processors that
weigh fish at sea, the action requires the use of updated scale
technology, requires enhanced daily scale testing for flow scales (also
known as belt scales), and requires the use of video to monitor the
flow scale and the area around the flow scale. For Shorebased IFQ first
receivers, the action adds criteria for inseason flow scale tests. In
addition, the action includes housekeeping changes that are intended to
better align the regulations with defined terms, and to provide clarity
and consistency between paragraphs. Action is needed to provide precise
and accurate catch estimates and to reduce the likelihood that vessels
will under report harvests.
DATES: Effective June 6, 2016.
ADDRESSES: Address all comments concerning this rule to: William W.
Stelle Jr., Regional Administrator, West Coast Region NMFS, 7600 Sand
Point Way NE., Seattle, WA 98115-0070.
FOR FURTHER INFORMATION CONTACT: Miako Ushio, (206) 526-4644.
SUPPLEMENTARY INFORMATION:
Electronic Access
This final rule is accessible via the Internet at the Office of the
Federal Register Web site at https://www.federalregister.gov.
Background information and documents are available at the NMFS West
Coast Region Web site at https://www.westcoast.fisheries.noaa.gov/fisheries/groundfish/ and at the Pacific Fishery Management
Council's Web site at https://www.pcouncil.org/.
Motherships and Catcher/Processors
An at-sea scale program was developed for the Alaska groundfish
fishery in 1998 to provide catch accounting that was more precise and
verifiable at the individual haul level and less dependent on estimates
generated by at-sea observers (February 4, 1998; 63 FR 5836). The at-
sea scale program supported implementation of a large-scale quota share
program that required verifiable and defensible estimates of harvest.
Since implemenation of those weighing requirements in 1998, at-sea
scales have been used to provide reliable, precise and accurate
estimates of catch in the Alaskan groundfish fisheries. At the same
time, scale technology has evolved and NMFS has developed greater
expertise in monitoring processing activity.
Recent fraud on some vessels was found to have resulted in
systematic underestimates of scale weights used for catch accounting.
As a result, at-sea flow scale regulations for the Alaska Region at 50
CFR 679.28 were revised on December 18, 2014 (November 18, 2014; 79 FR
68610) to improve scale accuracy and reduce bias. Revisions to the
Alaska regulations included a suite of modifications to the at-sea
scales program that included the use of flow scales capable of logging
and printing the frequency and magnitude of scale calibrations relative
to previous calibrations as well as the time and date of each scale
fault (or error) and scale startup time; revised daily scale test
methods; and new requirements for video monitoring.
In 2011, a trawl rationalization program was implemented for the
Pacific Coast groundfish fishery which included scale requirements
specified in regulation at Sec. 660.15(b) (December 15, 2010; 75 FR
78344). These regulations require mothership and catcher/processor
vessels to use scales certified for the Alaska groundfish fisheries.
This action modifies the Pacific Coast groundfish fishery regulations
to be consistent with the Alaska Region's 2014 regulation updates,
thereby bringing them up to date with current technology, reducing the
potential for scale tampering, and improving catch
[[Page 27007]]
accounting accuracy. Catch estimates based on inaccurate scale weights
could systematically underestimate harvests. Given the importance of
using accurate and reliable catch accounting data for management of the
groundfish stocks, NMFS is implementing revisions consistent with the
revisions made for the Alaska groundfish fishery, and with the intent
of enforcement and monitoring provisions implemented under Amendment 20
to the Pacific Coast groundfish fishery management plan (FMP).
This final rule updates the requirements for scales consistent with
Alaska regulations at Sec. 679.28. Improved scale technology includes
features that allow NMFS to determine how well the flow scales are
performing, and improve the accuracy and reliability of flow scale
measurements. Because the mothership and catcher/processor vessels
already have upgraded scale systems for the Alaska Fisheries, and the
scales are certified through annual testing provided by the Alaska
Region, aligning the performance and technical requirements is
reasonable and not expected to result in added costs to the vessels.
Regulatory revisions include improvements to daily scale tests. The
types of material used for the daily scale test are limited to test
materials (i.e., pre-weighed sand bags) supplied by the scale
manufacturer or approved by a NMFS-authorized scale inspector. The
minimum amount of weight for each test and the number of runs are
stated in regulations. In addition, new requirements for documenting
failed scale tests, and printing audit and calibration reports are
specified.
Regulatory revisions require that all mothership and catcher/
processors vessels use video monitoring systems that meet the Alaska
fishery system requirements, specified at Sec. 679.28(e), when they
are fishing in the Pacific Coast groundfish fishery. The video
monitoring systems allow the activities around the flow scale to be
monitored to ensure that the flow scale is functioning properly (e.g.,
that the flow scale is not running while in a fault (error) state);
ensure that all fish are being weighed; detect when crew members are
working on the flow scale; and ensure that daily flow scale tests are
being conducted on the required schedule and with the appropriate test
weights. The video systems are required to capture imagery of areas
where the catch enters, moves across, and leaves the scale; of any
access points that may be adjusted or modified by crew; and of the
scale display and the indicator of when the scale is operating in a
fault state. Consistent with the Alaska requirements, the vessel
operator is required to maintain the video imagery for at least 120
days and make the imagery available to NMFS upon request.
IFQ First Receivers
Regulations at Sec. 660.15(c) define the performance and technical
requirements for scales used to weigh fish at Shorebased IFQ first
receivers. Since the Shorebased IFQ program was implemented in 2011,
some Shorebased IFQ first receivers located in Oregon and Washington
have installed flow scales. The states of Oregon and Washington test
the flow scales consistent with national weights and measures
standards. This action revises regulations to include performance and
technical requirements for flow scales used at IFQ first receivers. In
addition, several minor technical changes are made. The regulatory
changes for first receivers include revisions to inseason scale test
requirements specific to flow scales; adding catch monitors to the list
of individuals that have access to scale displays and printouts;
revisions to inseason scale test requirements specific to flow scales;
and the correction of a value for maximum error in scale divisions.
Housekeeping
Numerous minor changes are made throughout the regulations at 50
CFR 660.15, 660.113, 660.150 and 660.160 for clarity, to better align
different sections of the regulations, to update cross references, and
for consistency in the use of terms. Paragraph 660.15(a) is revised to
remove reporting requirements that are repeated in other more
appropriate sections of the regulations. Regulatory language originally
adopted from the Alaska Groundfish fisheries is not consistent with
language used for the Pacific Coast groundfish fishery; therefore,
minor revisions are made to paragraph Sec. 660.15(b) for clarity and
to be consistent with other sections of the Pacific Coast groundfish
regulations. Minor changes are made at Sec. 660.15(c) to revise terms
for consistent use throughout the regulations. Minor changes are made
at Sec. 660.113 to revise terms for consistent use throughout the
regulations and to update cross references. Minor changes are made at
Sec. Sec. 660.150(b) and 660.160(b) to revise terms for consistent use
throughout the regulations, and update cross references, to add missing
references for cease fishing reports and to add clarity to the vessel
responsibilities relative to observer platform scale.
NMFS published a proposed rule for this action on January 19, 2016
(81 FR 2831). The comment period for the proposed rule ended on
February 18, 2016, and no comments were received. Therefore, no changes
were made from the proposed rule in response to comments.
Section 3507(c)(B)(i) of the PRA requires that agencies inventory
and display a current control number assigned by the Director, Office
of Management and Budget (OMB), for each agency information collection.
Section 902.1(b) identifies the location of NOAA regulations for which
OMB approval numbers have been issued. Because this final rule adds
requirements for scale test report recording and maintenance, 15 CFR
902.1(b) is revised to reference correctly the section resulting from
this final rule.
Classification
NMFS has determined that this action is consistent with the FMP,
the Magnuson Stevens Conservation and Management Act, and other
applicable laws.
The Office of Management and Budget has determined that this action
is not significant for purposes of Executive Order 12866.
The Chief Counsel for Regulation of the Department of Commerce
certified to the Chief Counsel for Advocacy of the Small Business
Administration during the proposed rule stage that this action would
not have a significant economic impact on a substantial number of small
entities. The factual basis for the certification was published in the
proposed rule and is not repeated here. No comments were received
regarding this certification, and NMFS has not received any new
information that would affect its determination. As a result, a final
regulatory flexibility analysis is not required, and none has been
prepared.
This final rule contains a collection-of-information requirement
subject to review and approval by OMB under the Paperwork Reduction Act
(PRA). This requirement has been approved by OMB as revisions to OMB
collection 0648-0619. The public reporting burden for the at-sea scale
requirements, including daily test reports (30 minute per response),
daily catch and cumulative weight reports (10 min per response), the
audit trail (1 minute per response), calibration log (1 minute per
response), fault log (1 minute per response) and video monitoring (0
minute per response), is estimated to average 43 minutes per response.
Send comments on the burden estimate or any other aspects of the
collection of information
[[Page 27008]]
to West Coast Region at the ADDRESSES above, and by email to
OIRA_Submission@omb.eop.gov or fax to (202) 395-7285.
Notwithstanding any other provision of the law, no person is
required to respond to, and no person shall be subject to penalty for
failure to comply with, a collection of information subject to the
requirements of the PRA, unless that collection of information displays
a currently valid OMB control number.
List of Subjects
15 CFR Part 902
Reporting and recordkeeping requirements.
50 CFR Part 660
Fisheries, Fishing, and Indian fisheries.
Dated: April 29, 2016.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
For the reasons set out in the preamble, 15 CFR part 902 and 50 CFR
part 660 are amended as follows:
Title 15--Commerce and Foreign Trade
PART 902--NOAA INFORMATION COLLECTION REQUIREMENTS UNDER THE
PAPERWORK REDUCTION ACT: OMB CONTROL NUMBERS
0
1. The authority citation for part 902 continues to read as follows:
Authority: 44 U.S.C. 3501 et seq.
0
2. In Sec. 902.1, in the table in paragraph (b), under the entry ``50
CFR'', revise the entry for ``660.13'' and add an entry in alphanumeric
order for ``660.15'' to read as follows:
Sec. 902.1 OMB control numbers assigned pursuant to the Paperwork
Reduction Act.
* * * * *
(b) * * *
------------------------------------------------------------------------
CFR Part or section where the information Current OMB Control No. (All
collection requirement is located numbers begin with 0648-)
------------------------------------------------------------------------
* * * * *
50 CFR:
* * * * *
660.13.................................... -0573 and -0619.
* * * * *
660.15.................................... -0619.
* * * * *
------------------------------------------------------------------------
Title 50--Wildlife and Fisheries
PART 660--FISHERIES OFF WEST COAST STATES
0
3. The authority citation for part 660 continues to read as follows:
Authority: 16 U.S.C. 1801 et seq., 16 U.S.C. 773 et seq., and 16
U.S.C. 7001 et seq.
0
4. In Sec. 660.15, revise paragraphs (a), (b), and (c) and add
paragraph (e) to read as follows:
Sec. 660.15 Equipment requirements.
(a) Applicability. This section contains the equipment and
operational requirements for scales used to weigh fish at sea, scales
used to weigh fish at IFQ first receivers, video monitoring systems,
computer hardware for electronic fish ticket software, and computer
hardware for electronic logbook software.
(b) Scales used to weigh fish at sea. Vessel owners, operators, and
managers are jointly and severally responsible for their vessel's
compliance with the requirements specified in this section.
(1) Performance and technical requirements for scales in the MS and
C/P Coop Programs. A scale used to weigh fish in the MS and C/P Coop
Programs must meet the type evaluation, initial inspection, and annual
reinspection requirements set forth in 50 CFR 679.28(b)(1) and (2), and
must be approved by NMFS to weigh fish at sea.
(2) Annual inspection. Once a scale is installed on a vessel and
approved by NMFS for use to weigh fish at sea, it must be reinspected
annually within 12 months of the date of the most recent inspection to
determine if the scale meets all of the applicable performance and
technical requirements as described in 50 CFR 679.28(b).
(3) Daily testing. Each scale used to weigh fish must be tested at
least once each calendar day to ensure that each scale meets the
maximum permissible error requirements described at paragraph (b)(4) of
this section.
(4) Daily at-sea scale tests. To verify that the scale meets the
maximum permissible errors specified in this paragraph, each scale used
to weigh fish must be tested at least one time during each calendar day
when use of the scale is required. The tests must be performed in an
accurate and timely manner.
(i) Flow or Belt scales--(A) Maximum permissible errors. The
maximum permissible errors for the daily at-sea scale test is plus or
minus 3 percent of the known weight of the test material.
(B) Test Procedure. A test must be conducted by weighing no less
than 400 kg (882 lb) of test material, supplied by the scale
manufacturer or approved by a NMFS-authorized scale inspector, on the
scale under test. The test material may be run across the scale
multiple times in order to total 400 kg; however, no single run of test
material across the scale may weigh less than 40 kg (88.2 lb). The
known weight of test material must be determined at the time of each
scale test by weighing it on a platform scale approved for use under 50
CFR 679.28(b)(7).
(ii) Platform scales required for observer sampling or to determine
known weight of test material on mothership and catcher/processor
vessels--(A) Maximum permissible errors. The maximum permissible errors
for the daily at-sea scale test for platform scales is plus or minus
0.5 percent of the weight tested.
(B) Test Procedure. A platform scale used for observer sampling
must be tested at 10, 25, and 50 kg (or 20, 50, and 100 lb if the scale
is denominated in pounds) using approved test weights. Any combination
of test weights that will allow the scale to be tested at 10 kg, 25 kg,
and 50 kg may be used. A platform scale used to weigh fish must be
tested at a weight equal to the largest amount of fish that will be
weighed on the scale in one weighing.
(C) Approved test weights. Each test weight must have its weight
stamped on or otherwise permanently affixed to it. The weight of each
test weight must be annually certified by a National Institute of
Standards and Technology-approved metrology laboratory or approved for
continued use by the NMFS authorized inspector at the time of the
annual scale inspection.
(iii) Requirements for all at-sea scale tests. The following
conditions must be met:
(A) Notify the observer at least 15 minutes before the time that
the test will be conducted, and conduct the test while the observer is
present.
(B) Conduct the scale test by placing the test material or test
weights on or across the scale and recording the following information
on the at-sea scale test report form:
(1) Vessel name;
(2) Month, day, and year of test;
(3) Time test started to the nearest minute in local time;
(4) Known weight of test materials or test weights;
(5) Weight of test material or test weights recorded by scale;
(6) Percent error as determined by subtracting the known weight of
the test material or test weights from the weight recorded on the
scale, dividing that amount by the known weight of the test
[[Page 27009]]
material or test weights, and multiplying by 100; and
(7) Signature of operator.
(C) Maintain the scale test report form from all at-sea scale
tests, including test report forms from failed scale tests on board the
vessel until the end of the fishing year during which the tests were
conducted, and make the report forms available to observers, NMFS
staff, or authorized officers. In addition, the scale test report forms
must be retained for 3 years after the end of the fishing year during
which the tests were performed. Each scale test report form must be
signed by the operator immediately following completion of each scale
test.
(5) Scale maintenance. The scale must be maintained in proper
operating condition throughout its use; adjustments made to the scale
must be made to bring the performance errors as close as practicable to
a zero value; and no adjustment may be made that will cause the scale
to weigh fish inaccurately.
(6) Printed reports from the scale (not applicable to observer
sampling scales). Printed reports are provided to NMFS as required by
this paragraph. Printed reports from the scale must be maintained on
board the vessel until the end of the year during which the reports
were made, and made available to observers, NMFS staff or authorized
officers. In addition, printed reports must be retained for 3 years
after the end of the year during which the printouts were made.
(i) Printed reports of catch weight and cumulative weight. Reports
must be printed at least once every calendar day when use of the scale
is required. Reports must also be printed before any information stored
in the scale computer memory is replaced. Scale weights must not be
adjusted by the scale operator to account for the perceived weight of
water, slime, mud, debris, or other materials. Scale printouts must
show:
(A) The vessel name and Federal vessel permit number;
(B) The date and time the information was printed;
(C) The haul number;
(D) The total weight of the haul; and
(E) The total cumulative weight of all fish and other material
weighed on the scale since the last annual inspection.
(ii) Printed report from the audit trail. The printed report must
include the information specified in sections 2.3.1.8, 3.3.1.7, and
4.3.1.8 of appendix A to 50 CFR part 679. The printed report must be
provided to the authorized scale inspector at each scale inspection and
must also be printed at any time upon request of the observer, NMFS
personnel or an authorized officer.
(iii) Printed report from calibration log. The operator must print
the calibration log on request by NMFS staff or an authorized officer,
or person authorized by NMFS. The calibration log must be printed and
retained before any information stored in the scale computer memory is
replaced. The calibration log must detail either the prior 1,000
calibrations or all calibrations since the scale electronics were first
put into service, whichever is less. The printout from the calibration
log must show:
(A) The vessel name and Federal fisheries or processor permit
number;
(B) The month, day, and year of the calibration;
(C) The time of the calibration to the nearest minute in local
time;
(D) The weight used to calibrate the scale; and
(E) The magnitude of the calibration in comparison to the prior
calibration.
(iv) Printed reports from the fault log. The operator must print
the fault log on request by NMFS staff, an authorized officer or person
authorized by NMFS. The fault log must be printed and retained before
any information stored in the scale computer memory is replaced. The
fault log must detail either the prior 1,000 faults and startups, or
all faults and startups since the scale electronics were first put into
service, whichever is less. A fault, for the purposes of the fault log,
is any condition other than underflow detected by the scale electronics
that could affect the metrological accuracy of the scale. The printout
from the fault log must show:
(A) The vessel name and Federal fisheries or processor permit
number;
(B) The month, day, year, and time of each startup to the nearest
minute in local time;
(C) The month, day, year, and time that each fault began to the
nearest minute in local time; and
(D) The month, day, year, and time that each fault was resolved to
the nearest minute in local time.
(v) Platform scales used for observer sampling. A platform scale
used for observer sampling is not required to produce a printed record.
(7) Video monitoring for scales used by the vessel crew to weigh
catch. Mothership or Catcher/Processor vessels required to weigh fish
under the regulations in this section must provide and maintain a NMFS-
approved video monitoring system as specified in paragraph (e) of this
section.
(c) Scales used to weigh fish at IFQ first receivers--performance
and technical requirements. Scale requirements in this paragraph are in
addition to those requirements set forth by the State in which the
scale is located, and nothing in this paragraph may be construed to
reduce or supersede the authority of the State to regulate, test, or
approve scales within the State. Scales used to weigh fish that are
also required to be approved by the State must meet the following
requirements:
(1) Verification of approval. The scale must display a valid
sticker indicating that the scale is currently approved in accordance
with the laws of the state where the scale is located.
(2) Visibility. The IFQ first receiver must ensure that the scale
and scale display are visible simultaneously to the catch monitor.
Catch monitors, NMFS staff, NMFS-authorized personnel, or authorized
officers must be allowed to observe the weighing of fish on the scale
and be allowed to read the scale display at all times.
(3) Printed scale weights.
(i) An IFQ first receiver must ensure that printouts of the scale
weight of each delivery or offload are made available to the catch
monitor, NMFS staff, to NMFS-authorized personnel, or to authorized
officers at the time printouts are generated. An IFQ first receiver
must maintain printouts on site until the end of the fishing year
during which the printouts were made and make them available upon
request by the catch monitor, NMFS staff, NMFS-authorized personnel, or
authorized officers for 3 years after the end of the fishing year
during which the printout was made.
(ii) All scales identified in a catch monitoring plan (see Sec.
660.140(f)(3)) must produce a printed record for each landing, or
portion of a landing, weighed on that scale. NMFS may exempt, through
approval of the NMFS-accepted catch monitoring plan, scales not
designed for automatic bulk weighing from part or all of the printed
record requirements. IFQ first receivers that receive no more than
200,000 pounds of groundfish in any calendar month may be exempt under
Sec. 660.140(j)(2). For scales that must produce a printed record, the
printed record must include:
(A) The IFQ first receiver's name;
(B) The weight of each load in the weighing cycle;
(C) The total weight of fish in each landing, or portion of the
landing that was weighed on that scale;
(D) For belt scales and weight belts, the total cumulative weight
of all fish or other material weighed on the scale since the last
inspection;
[[Page 27010]]
(E) The date the information is printed; and
(F) The name and vessel registration or documentation number of the
vessel making the landing. The person operating the scale may write
this information on the scale printout in ink at the time of printing.
(4) Inseason scale testing. IFQ first receivers must allow, and
provide reasonable assistance to NMFS staff, NMFS-authorized personnel,
and authorized officers to test scales used to weigh IFQ fish. A scale
that does not pass an inseason test may not be used to weigh IFQ fish
until the scale passes an inseason test or is approved for continued
use by the weights and measures authorities of the State in which the
scale is located.
(i) Inseason testing criteria. To pass an inseason test, NMFS staff
or authorized officers must be able to verify that:
(A) The scale display and printed information are clear and easily
read under all conditions of normal operation;
(B) Weight values are visible on the display until the value is
printed;
(C) The scale does not exceed the maximum permissible errors
specified in this paragraph:
(1) Flow scales (also known as belt scales and weight belts). The
maximum permissible error is plus or minus 0.25 percent of the known
weight of the test material with repeatability between tests of no more
than 0.25 percent. Percent error is determined by subtracting the known
weight of the test material or test weights from the weight recorded on
the scale, dividing that amount by the known weight of the test
material or test weights, and multiplying by 100.
(2) All other scales.
------------------------------------------------------------------------
Maximum error
Test load in scale divisions in scale
divisions
------------------------------------------------------------------------
(i) 0-500............................................... 1
(ii) 501-2,000.......................................... 2
(iii) 2,001-4,000....................................... 3
(iv) >4,000............................................. 5
------------------------------------------------------------------------
(D) Automatic weighing systems. An automatic weighing system must
be provided and operational that will prevent fish from passing over
the scale or entering any weighing hopper unless the following criteria
are met:
(1) No catch may enter or leave a weighing hopper until the
weighing cycle is complete;
(2) No product may be cycled and weighed if the weight recording
element is not operational; and
(3) No product may enter a weighing hopper until the prior weighing
cycle has been completed and the scale indicator has returned to a
zero.
(ii) [Reserved]
* * * * *
(e) Video monitoring systems used monitor at-sea scales--(1)
Performance and technical requirements for video monitoring systems for
the MS and C/P Coop Programs. A video monitoring system used to monitor
at-sea scales must meet the system requirements and system inspections,
set forth in 50 CFR 679.28(e)(1) through (4) and be issued a Video
Monitoring Inspection Report verifying that the video system meets all
applicable requirements for use in the Alaska Pollock fishery. Any
change to the system must meet the requirements specified at 50 CFR
679.28(e)(7) and be approved by the Alaska Regional Administrator in
writing before any changes are made.
(i) MS or C/P vessels required to weigh fish at sea under the
regulations in this section must:
(A) Provide and maintain a video monitoring system that provides
sufficient resolution and field of view to monitor: All areas where
catch enters the scale, moves across the scale and leaves the scale;
any access point to the scale from which the scale may be adjusted or
modified by vessel crew while the vessel is at sea; and the scale
display and the indicator for the scale operating in a fault state.
(B) Record and retain video for all periods when catch that must be
weighed is on board the vessel.
(ii) [Reserved]
(2) Video Monitoring System Inspection Report. A current NMFS-
issued Video Monitoring System Inspection Report must be maintained on
board the vessel at all times the vessel is required to have an
approved video monitoring system. The Video Monitoring System
Inspection Report must be made available to the observer, NMFS staff,
or to an authorized officer upon request.
(3) Retention of records. Consistent with the requirements set
forth at 50 CFR 679.28(e)(1), the video data must be maintained on the
vessel and made available on request by NMFS staff, or any individual
authorized by NMFS. The data must be retained on board the vessel for
no less than 120 days after the date the video is recorded, unless NMFS
has notified the operator in writing that the video data may be
retained for less than this 120-day period.
0
3. In Sec. 660.112, add paragraphs (c)(5) and (6) to read as follows:
Sec. 660.112 Trawl fishery--prohibitions.
* * * * *
(c) * * *
(5) Fail to weigh all fish taken and retained aboard the vessel on
a scale that meets the performance and technical requirements specified
at Sec. 660.15(b).
(6) Weigh fish taken and retained aboard the vessel without
operating and maintaining a video monitoring system that meets the
performance and technical requirements specified at Sec. 660.15(e).
* * * * *
0
4. In Sec. 660.113, revise paragraphs (c)(2) and (d)(2) to read as
follows:
Sec. 660.113 Trawl fishery--recordkeeping and reporting.
* * * * *
(c) * * *
(2) NMFS-approved scale--(i) Scale test report form. Mothership
vessel operators are responsible for conducting scale tests and for
recording the scale test information on the scale test report form as
specified at Sec. 660.15(b), for mothership vessels.
(ii) Printed scale reports. Requirements pertaining to printed
scale reports and scale weight printouts are specified at Sec.
660.15(b), for mothership vessels.
(iii) Retention of scale records and reports. Vessels must maintain
scale test report forms on board until the end of the fishing year
during which the tests were conducted, and make the report forms
available to observers, NMFS staff, or authorized officers. In
addition, the scale test report forms must be maintained for 3 years
after the end of the fishing year during which the tests were
performed. All scale test report forms must be signed by the operator.
* * * * *
(d) * * *
(2) NMFS-approved scales--(i) Scale test report form. Catcher/
processor vessel operators are responsible for conducting scale tests
and for recording the scale test information on the scale test report
form as specified at Sec. 660.15(b), for catcher/processor vessels.
(ii) Printed scale reports. Specific requirements pertaining to
printed scale reports and scale weight printouts are specified at Sec.
660.15(b), for catcher/processor vessels.
(iii) Retention of scale records and reports. The vessel must
maintain the scale test report form on board until the end of the
fishing year during which the tests were conducted, and make the report
forms available to observers, NMFS staff, or authorized officers. In
addition, the scale test report forms must be maintained for 3 years
after the
[[Page 27011]]
end of the fishing year during which the tests were performed. All
scale test report forms must be signed by the operator.
* * * * *
0
5. In Sec. 660.150, revise paragraphs (b)(1)(ii) introductory text and
(b)(1)(ii)(A) and (C) to read as follows:
Sec. 660.150 Mothership (MS) Coop Program.
* * * * *
(b) * * *
(1) * * *
(ii) Mothership vessel responsibilities. The owner and operator of
a mothership vessel must:
(A) Recordkeeping and reporting. Maintain a valid declaration as
specified at Sec. 660.13(d); maintain records as specified at Sec.
660.113(a); and maintain and submit all records and reports specified
at Sec. 660.113(c) including, economic data, scale tests records,
cease fishing reports, and cost recovery.
* * * * *
(C) Catch weighing requirements. The owner and operator of a
mothership vessel must:
(1) Ensure that all catch is weighed in its round form on a NMFS-
approved scale that meets the requirements described in section Sec.
660.15(b);
(2) Provide a NMFS-approved platform scale, belt scale, and test
weights that meet the requirements described in section Sec.
660.15(b).
* * * * *
0
6. In Sec. 660.160, revise paragraphs (b)(1)(ii) introductory text and
(b)(1)(ii)(A) and (C) to read as follows:
Sec. 660.160 Catcher/processor (C/P) Coop Program.
* * * * *
(b) * * *
(1) * * *
(ii) Catcher/processor vessel responsibilities. The owner and
operator of a catcher/processor vessel must:
(A) Recordkeeping and reporting. Maintain a valid declaration as
specified at Sec. 660.13(d); maintain records as specified at Sec.
660.113(a); and maintain and submit all records and reports specified
at Sec. 660.113(d) including, economic data, scale tests records,
cease fishing reports, and cost recovery.
* * * * *
(C) Catch weighing requirements. The owner and operator of a
catcher/processor vessel must:
(1) Ensure that all catch is weighed in its round form on a NMFS-
approved scale that meets the requirements described in Sec.
660.15(b);
(2) Provide a NMFS-approved platform scale, belt scale, and test
weights that meet the requirements described in Sec. 660.15(b).
* * * * *
[FR Doc. 2016-10476 Filed 5-4-16; 8:45 am]
BILLING CODE 3510-22-P