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 http:// www.westcoast.fisheries.noaa.gov/ fisheries/groundfish/index.html and at the Pacific Fishery Management Council’s Web site at http:// 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]


=======================================================================
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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 http://www.westcoast.fisheries.noaa.gov/fisheries/groundfish/index.html and at the Pacific Fishery Management 
Council's Web site at http://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