Fisheries of the Exclusive Economic Zone off Alaska; Modifications to Recordkeeping and Reporting Requirements, 70599-70607 [2016-24457]

Download as PDF Federal Register / Vol. 81, No. 198 / Thursday, October 13, 2016 / Rules and Regulations Instructions of Bombardier Alert Service Bulletin A670BA–32–030, Revision D, dated August 6, 2013, defers the repetitive inspections required by paragraph (l) of this AD until the MLG inboard door is reinstalled. For airplanes on which the MLG inboard door is re-installed, do the installation of the MLG inboard door in accordance with the Accomplishment Instructions of Bombardier Alert Service Bulletin A670BA–32–030, Revision D, dated August 6, 2013, except as specified in paragraph (o) of this AD; and before the accumulation of 600 flight hours on the MLG inboard door since the actions required by paragraph (k) of this AD were accomplished, do the inspections specified in paragraph (l) of this AD, and repeat the inspections thereafter at the applicable time specified in paragraph (l) of this AD. (n) New Terminating Modification Within 6,600 flight hours or 36 months, whichever occurs first after the effective date of this AD: Modify the airplane by increasing the clearance between the left and right MLG fairings and the left and right MLG doors; and do all applicable related investigative and corrective actions; in accordance with the Accomplishment Instructions of Bombardier Service Bulletin 670BA–32–040, Revision F, dated February 11, 2016, including Appendix A, Revision A, and Appendix B, Revision B, both dated July 12, 2014, except as provided by paragraph (o) of this AD. Do all applicable related investigative and corrective actions before further flight. If an MLG door has been removed, the modification may be delayed until the MLG door is re-installed in accordance with the Accomplishment Instructions of Bombardier Alert Service Bulletin A670BA–32–030, Revision D, dated August 6, 2013. Accomplishing this modification terminates the requirements of paragraphs (g) through (m) of this AD for that MLG door. Lhorne on DSK30JT082PROD with RULES (o) Exceptions to Bombardier Service Information Where Bombardier Alert Service Bulletin A670BA–32–030, Revision D, dated August 6, 2013; and Bombardier Service Bulletin 670BA–32–040, Revision F, dated February 11, 2016, including Appendix A, Revision A, and Appendix B, Revision B, dated July 12, 2014; specify to contact the Bombardier Customer Response Center for an analysis or to get an approved disposition, repair using a method approved by the Manager, New York ACO, ANE–170, FAA; or TCCA; or Bombardier, Inc.’s TCCA DAO. (p) Credit for Previous Actions (1) This paragraph restates the provisions of paragraph (l) of AD 2010–23–19, with additional service information. This paragraph provides credit for the actions required by paragraph (g) of this AD, if those actions were performed before November 24, 2010 (the effective date of AD 2010–23–19), using Bombardier Alert Service Bulletin A670BA–32–030, dated October 18, 2010; or Bombardier Alert Service Bulletin A670BA– 32–030, Revision A, dated October 22, 2010. (2) This paragraph provides credit for the corresponding actions required by VerDate Sep<11>2014 13:32 Oct 12, 2016 Jkt 241001 paragraphs (g)(1), (g)(2), (g)(3)(i), (g)(3)(ii), (h), (j)(1), (k), (l), (m), and (n) of this AD, if those actions were performed before the effective date of this AD using the service information specified in paragraph (p)(2)(i), (p)(2)(ii), or (p)(2)(iii) of this AD. (i) Bombardier Alert Service Bulletin A670BA–32–030, Revision A, including Appendix A, dated October 22, 2010. (ii) Bombardier Alert Service Bulletin A670BA–32–030, Revision B, dated November 3, 2011. (iii) Bombardier Alert Service Bulletin A670BA–32–030, Revision C, dated March 13, 2013. (3) This paragraph provides credit for the corresponding actions required by paragraph (n) of this AD, if those actions were performed before the effective date of this AD using the service information specified in paragraph (p)(3)(i), (p)(3)(ii), (p)(3)(iii), (p)(3)(iv), or (p)(3)(v) of this AD. (i) Bombardier Service Bulletin 670BA–32– 040, Revision A, dated March 13, 2013. (i) Bombardier Service Bulletin 670BA–32– 040, Revision B, dated August 6, 2013. (iii) Bombardier Service Bulletin 670BA– 32–040, Revision C, dated November 1, 2013. (iv) Bombardier Service Bulletin 670BA– 32–040, Revision D, dated July 2, 2014. (v) Bombardier Service Bulletin 670BA– 32–040, Revision E, dated November 13, 2014. (q) Other FAA AD Provisions The following provisions also apply to this AD: (1) Alternative Methods of Compliance (AMOCs): The Manager, New York ACO, ANE–170, FAA, has the authority to approve AMOCs for this AD, if requested using the procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19, send your request to your principal inspector or local Flight Standards District Office, as appropriate. If sending information directly to the ACO, send it to ATTN: Program Manager, Continuing Operational Safety, FAA, New York ACO, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; telephone 516–228–7300; fax 516–794–5531. Before using any approved AMOC, notify your appropriate principal inspector, or lacking a principal inspector, the manager of the local flight standards district office/certificate holding district office. (2) Contacting the Manufacturer: As of the effective date of this AD, for any requirement in this AD to obtain corrective actions from a manufacturer, the action must be accomplished using a method approved by the Manager, New York ACO, ANE–170, FAA; or TCCA; or Bombardier, Inc.’s TCCA DAO. If approved by the DAO, the approval must include the DAO-authorized signature. (r) Related Information (1) Refer to Mandatory Continuing Airworthiness Information (MCAI) Canadian Airworthiness Directive CF–2010–36R1, dated July 18, 2013, for related information. This MCAI may be found in the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA–2015–8471. (2) Service information identified in this AD that is not incorporated by reference is PO 00000 Frm 00005 Fmt 4700 Sfmt 4700 70599 available at the addresses specified in paragraphs (s)(3) and (s)(4) of this AD. (s) Material Incorporated by Reference (1) The Director of the Federal Register approved the incorporation by reference (IBR) of the service information listed in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51. (2) You must use this service information as applicable to do the actions required by this AD, unless this AD specifies otherwise. (i) Bombardier Alert Service Bulletin A670BA–32–030, Revision D, dated August 6, 2013. (ii) Bombardier Service Bulletin 670BA– 32–040, Revision F, dated February 11, 2016, including the following appendices. (A) Appendix A, Revision A, dated July 12, 2014. (B) Appendix B, Revision B, dated July 12, 2014. (3) For service information identified in ˆ this AD, contact Bombardier, Inc., 400 Cote´ Vertu Road West, Dorval, Quebec H4S 1Y9, Canada; telephone 514–855–5000; fax 514– 855–7401; email thd.crj@ aero.bombardier.com; Internet http:// www.bombardier.com. (4) You may view this service information at the FAA, Transport Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For information on the availability of this material at the FAA, call 425–227–1221. (5) You may view this service information that is incorporated by reference at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202–741–6030, or go to: http:// www.archives.gov/federal-register/cfr/ibrlocations.html. Issued in Renton, Washington, on September 14, 2016. Michael Kaszycki, Acting Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. 2016–22835 Filed 10–12–16; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 15 CFR Part 902 50 CFR Part 679 [Docket No. 160225147–6898–02] RIN 0648–BF83 Fisheries of the Exclusive Economic Zone off Alaska; Modifications to Recordkeeping and Reporting Requirements National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Final rule. AGENCY: E:\FR\FM\13OCR1.SGM 13OCR1 70600 Federal Register / Vol. 81, No. 198 / Thursday, October 13, 2016 / Rules and Regulations NMFS issues regulations to modify the recordkeeping and reporting requirements for the groundfish fisheries in the Gulf of Alaska and the Bering Sea/Aleutian Islands management areas. This rule is organized into four actions. Under the first action, NMFS implements a requirement for tender vessel operators to use the applications software ‘‘tLandings’’ to prepare electronic landing reports. This action is necessary to improve timeliness and reliability of landing reports for catcher vessels delivering to tender vessels for use in catch accounting and inseason management. Under the second action, NMFS modifies the definition of a buying station. This action is necessary to clarify the different requirements that apply to tender vessels and land-based buying stations. Under the third action, NMFS removes the requirement for buying stations to complete the buying station report because this report is no longer necessary. Under the fourth action, NMFS revises the definition of a mothership to remove unnecessary formatting without changing the substance of the definition. This final rule is intended to promote the goals and objectives of the Magnuson-Stevens Fishery Conservation and Management Act, the Fishery Management Plan for Groundfish of the Bering Sea and Aleutian Islands Management Area (BSAI FMP), the Fishery Management Plan for Groundfish of the Gulf of Alaska (GOA FMP), and other applicable laws. DATES: Effective January 1, 2017. ADDRESSES: Electronic copies of the Regulatory Impact Review (RIR), the Initial Regulatory Flexibility Analysis, and the Categorical Exclusion prepared for this rule may be obtained from http://www.regulations.gov or from the NMFS Alaska Region Web site at http:// alaskafisheries.noaa.gov. Written comments regarding the burden-hour estimates or other aspects of the collection-of-information requirements contained in this rule may be submitted by mail to NMFS Alaska Region, P.O. Box 21668, Juneau, AK 99802–1668, Attn: Ellen Sebastian, Records Officer; in person at NMFS Alaska Region, 709 West 9th Street, Room 420A, Juneau, AK; by email to OIRA_submission@omb.eop.gov; or by fax to 202–395–5806. FOR FURTHER INFORMATION CONTACT: Keeley Kent, 907–586–7228. SUPPLEMENTARY INFORMATION: NMFS published a proposed rule to modify the recordkeeping and reporting requirements for the groundfish fisheries in the Gulf of Alaska and the Lhorne on DSK30JT082PROD with RULES SUMMARY: VerDate Sep<11>2014 13:32 Oct 12, 2016 Jkt 241001 Bering Sea and Aleutian Islands management areas on August 1, 2016 (81 FR 50436). The comment period on the proposed rule ended on August 31, 2016. NMFS received one comment. Background This final rule is organized into four actions. The first action implements a requirement for tender vessel operators to use tLandings. The second action modifies the definition of buying station so that tender vessels and land-based buying stations are differentiated under the regulations. The third action removes the requirement for buying stations to complete the buying station report. The fourth action modifies the definition of a mothership to simplify the unnecessary paragraph formatting. The following sections of the preamble describe (1) background on the Interagency Electronic Reporting System and tendering, (2) the need for action, (3) the final rule, (4) the response to comments, and (5) the changes from the proposed rule. The preamble of the proposed rule (81 FR 50436; August 1, 2016) provides a more detailed description of the background and need for this action. Interagency Electronic Reporting System The Interagency Electronic Reporting System (IERS) is a collaborative program for reporting commercial fishery landings administered by NMFS, Alaska Department of Fish and Game (ADF&G), and the International Pacific Halibut Commission. The IERS consists of three main components: eLandings—a webbased application for immediate harvest data upload from internet-capable vessels or processors; seaLandings—a desktop application for vessels at sea without internet capability that transmits reports by satellite phone; and tLandings—a software application for tender vessels that records landings data on a USB flash drive (‘‘thumb drive’’) that includes all of the data fields required under IERS. NMFS requires all shoreside or floating processors that hold a Federal processing permit to use eLandings or other NMFS-approved software to submit landing reports for all groundfish species. Tendering A tender vessel is defined under § 679.2 as a vessel that is used to transport unprocessed fish or shellfish received from another vessel to an associated processor. An associated processor is defined under § 679.2 as having a contractual relationship with a buying station to conduct groundfish buying station activities for that processor. The contractual relationship PO 00000 Frm 00006 Fmt 4700 Sfmt 4700 in the Federal regulations creates joint responsibility for recordkeeping and reporting. For more information on tendering, see Section 1.5 of the RIR. Need for This Final Rule This action is necessary to enable NMFS to identify tender vessel deliveries and to provide reliable, expeditious data for catch accounting and inseason management of fisheries with tender vessel deliveries. In addition, this action is necessary to correct and clarify other regulations in 50 CFR part 679 that are related to recordkeeping and reporting by tender vessels and associated processors. Prior to this final rule, when a tender vessel received catch from a vessel, the tender vessel operator completed a paper fish ticket. Once the transfer was complete, the vessel operator signed the paper fish ticket acknowledging the transfer of catch and agreeing to the information provided. When the tender vessel delivered the catch to the processor, the tender vessel operator provided the paper fish ticket to the processor. The processor then verified the information and manually entered the fish ticket data into eLandings to create a landing report. Landing reports are required to be submitted to NMFS by noon of the day following the delivery. The processor’s manual entry of fish ticket data, including review and correction of the data, sometimes made it difficult for the processor to meet this submission deadline and delayed the availability of the tender vessel landing data to NMFS. The lack of electronic data from tenders reduced data reliability and timeliness. Additionally, with the lack of electronic data from tenders, NMFS was unable to differentiate deliveries to tender vessels from deliveries to processors unless the processor voluntarily entered the tender vessel identification number in the eLandings report. NMFS had, in the past, raised concerns about landings data reliability and timeliness in analyses presented to the North Pacific Fishery Management Council and fishery participants. The tLandings requirement reduces data entry errors and the time required to manually enter fish tickets. Requiring tLandings reduces the likelihood of a processor needing to recall a tender vessel if a fish ticket is illegible or incorrectly filled out. Additionally, requiring tLandings eliminates the need for comprehensive manual data entry by processor staff, simplifying and expediting the data transmission to NMFS. Data timeliness and reliability are paramount to effective inseason E:\FR\FM\13OCR1.SGM 13OCR1 Federal Register / Vol. 81, No. 198 / Thursday, October 13, 2016 / Rules and Regulations management. Almost real-time access to the data is particularly important for fast-paced fisheries that operate under small total allowable catch limits, constraining prohibited species catch (PSC) limits, or that have inconsistent and unpredictable levels of fishing effort. NMFS requires timely data for the successful management of these fisheries. In addition, NMFS uses timely data for any catch share program that involves transferable allocations of target species. NMFS inseason management and Office of Law Enforcement rely on the data provided through eLandings to monitor compliance with requirements that quota holders not exceed their allocations. Management and enforcement of PSC-limited and catch share fisheries become more difficult when data access is delayed. For more information on the potential implications of the lack of electronic data entry on management, see Sections 1.3 and 1.8 of the RIR. This rule requires tenders to use tLandings. tLandings is a computer application used on computers on board tender vessels to create electronic landing reports. The tLandings application is loaded onto a thumb drive; the tender vessel operator creates the landing reports and stores them on the thumb drive. The mandatory use of tLandings will provide a streamlined data entry mechanism that ensures efficient, precise data transmission. Lhorne on DSK30JT082PROD with RULES This Final Rule Action 1: Require Tender Vessel Operators To Use tLandings Action 1 of this rule requires tender vessel operators to use tLandings to prepare electronic landing reports. Action 1 is necessary to improve data quality for deliveries made to tender vessels. Under this rule, the eLandings user (defined as a representative of a processor under § 679.2, i.e., an employee) is required to supply the tender vessel operator with a ‘‘configured’’ tLandings application for computer installation prior to the tender vessel operator taking delivery of fish or shellfish from a fishing vessel. A configured tLandings application is preloaded with a list of the authorized users, a species list, and other useful data for the associated processor and tender vessel operator. The tender vessel operator must record the required information in tLandings for each delivery the tender vessel accepts. Once the tender vessel delivers the catch to the associated processor, the user (as defined at § 679.2) is required to VerDate Sep<11>2014 13:32 Oct 12, 2016 Jkt 241001 complete the eLandings landing report by uploading the tLandings data through the Processor Tender Interface component of eLandings. After the completion of the delivery, the processor may sort the catch and update the landing data appropriately. The processor will continue to be subject to the time limits for data submission specified under § 679.5(e). For shoreside processors and stationary floating processors, users must submit a landing report for each delivery by 1200 hours, Alaska local time, of the day following completion of the delivery (§ 679.5(e)(5)(ii)). These processors have until 1200 hours, Alaska local time, of the third day following completion of the delivery to submit a revised landing report after sorting has occurred. Under this rule, tender vessels delivering to shoreside processors or stationary floating processors are required to abide by these submittal time limits. Under this rule, the tender vessel operator is responsible for completing the tLandings landing report and submitting it to the processor. This creates a joint responsibility for the tLandings landing report information for the tender vessel operator and the processor. Section 1.9.4 of the RIR provides additional detail on the monitoring and enforcement of the tLandings requirements. To use tLandings, each tender vessel needs a laptop computer with a numeric key pad, a basic laser printer with ink cartridges and paper, a magstripe reader, and thumb drives that contain the tLandings application. NMFS estimates that using tLandings will increase the annual cost to tender vessels from $1,000 to $2,300. Section 1.4 of the RIR describes that most tender vessels are voluntarily using tLandings to report Federal groundfish landings, and many are required to use tLandings to report landings made in fisheries managed by the State of Alaska (State). Therefore, the total additional costs and burden on tender vessel operations are expected to be limited. See Section 1.9.1.1 of the RIR for more information on the estimated cost of equipment. Operating the tLandings application requires some training and practice for both the tender vessel operators and processor staff. NMFS assumes that the initial and ongoing training costs to use tLandings will likely be shared by NMFS and the processor using tender vessels. NMFS may bear an initial cost for training processors on the use of tLandings, after which it will be the processors’ responsibility to provide training for their tender vessel operators. NMFS estimates that it will require a full day of initial training for PO 00000 Frm 00007 Fmt 4700 Sfmt 4700 70601 new tLandings users. Section 1.9.1.2 of the RIR describes projected training costs in more detail. Because processors are already subject to an eLandings reporting requirement, processors likely have staff proficient with the IERS software, so there is not expected to be significant additional training required for the tLandings requirement. Under this rule, NMFS will add a data field to the tLandings application to track the location of tenders when they take deliveries from vessels. The tender vessel operator is required to report the vessel’s latitude and longitude at the time of each vessel delivery. This data is necessary to improve information on tender vessel activity and vessel delivery patterns when delivering to a tender vessel as opposed to a processor. This data field is not expected to add a reporting burden on tender vessel operators. Section 1.5.1 of the RIR estimates that 30 tender vessels received Federal groundfish in the BSAI and GOA in 2015. Those tender vessels delivered to eight processors. Many tender vessels that operate in the Federal groundfish fisheries also operate in the State groundfish fisheries. Under State regulations these tender vessels are already subject to a State tLandings requirement and may already be equipped with tLandings from ADF&G. In 2015, 21 of the 30 tender vessels also took delivery of State groundfish. NMFS expects that there will be minimal additional cost for these tender vessels to also use tLandings for Federal groundfish. The tLandings requirement under this rule affects nine tender vessels. The eight processors that received Federal groundfish from tender vessels in 2015 also received State groundfish from tender vessels; therefore, the effect of this rule on processors is estimated to be minimal. Action 2: Differentiate Tender Vessels From Buying Stations Action 2 of this rule revises the definitions of tender vessel and buying station for improved clarity to ensure that the reporting requirements that are applicable to tender vessels and landbased buying stations are clear to the public. Prior to this final rule, under § 679.2, the definition of a buying station includes both tender vessels and land-based buying stations. Under § 679.2, tender vessel is separately defined as a vessel used to transport unprocessed fish or shellfish received from another vessel to an associated processor. While many recordkeeping and reporting requirements that apply to buying stations should include both E:\FR\FM\13OCR1.SGM 13OCR1 70602 Federal Register / Vol. 81, No. 198 / Thursday, October 13, 2016 / Rules and Regulations tender vessels and land-based buying stations, not all of the reporting requirements that apply to buying stations should apply to both tender vessels and land-based buying stations. Additionally, while a tender vessel may be associated with a shoreside processor, stationary floating processor, or mothership, a land-based buying station is only associated with a shoreside processor. Action 2 does not revise or modify the specific provisions of reporting requirements, but clarifies who is responsible for each requirement. NMFS’ response to this comment is presented below. Comment: Will tender vessels that tender IFQ halibut need to use tLandings to submit landing reports? Response: No. Tender vessels are not required to use tLandings for IFQ halibut. This rule does not alter the existing recordkeeping and reporting requirements for the Individual Fishing Quota (IFQ) Program. The final rule is modified as described below to clarify that tender vessels that take deliveries of non-IFQ groundfish will be subject to this rule. Action 3: Remove the Buying Station Report Requirement Changes From the Proposed Rule This final rule includes changes to the regulatory text published in the proposed rule. This final rule includes a change to the regulatory text that was made in response to the comment received on the proposed rule to clarify who is required to use tLandings under this rule. The proposed rule did not make clear that the tLandings rule will not apply to tender vessels that take IFQ halibut or sablefish, Community Development Quota (CDQ) halibut, or Crab Rationalization Program (CR) crab. While tenders are not regularly used in any of these fisheries, several minor modifications to the regulatory text in the final rule will make this distinction clear. The tLandings application is not configured to accommodate reporting of IFQ species or CDQ halibut. In addition, the IFQ species and CDQ halibut are reported to NMFS on different landing reports than are used for non-IFQ groundfish species. IFQ halibut and sablefish and CDQ halibut are reported to NMFS on a Registered Buyer landing report. CR crab are reported on a Registered Crab Receiver IFQ crab landing report. Groundfish, other than IFQ sablefish, are required to be reported on a shoreside processor, stationary floating processor, or Community Quota Entity floating processor landing report. Only tender vessels that take deliveries of non-IFQ groundfish in the BSAI and GOA will be required to use and complete tLandings. The regulatory language in the proposed rule specified that tLandings would be required for fish or shellfish required to be reported on a shoreside processor, stationary floating processor, or Community Quota Entity (CQE) floating processor landing report (‘‘a landing report under § 679.5(e)(5)’’). Therefore, to make the needed clarification in the final rule, NMFS revises the regulatory language at new paragraph § 679.5(e)(14) to refer to ‘‘groundfish’’ rather than ‘‘fish or Action 3 of this rule removes the requirement in § 679.5(d) for a buying station to submit a Buying Station Report. The most recent year of landing report data in 2015 shows that all 54 active buying stations are associated with shoreside processors that use eLandings. NMFS receives the landing data it needs through eLandings, and so does not need to require that the data be submitted in a Buying Station Report. Removing the requirement to submit a Buying Station Report removes a duplicative reporting requirement and reduces the burden on the regulated public. Buying stations will continue to be required to submit landing reports using eLandings. To implement Action 3, this rule modifies references in the regulations to clarify whether certain recordkeeping and reporting requirements apply to tender vessels, buying stations, or both. Additionally, this rule removes the qualifier ‘‘land-based’’ from references to buying stations in the regulations because buying station is defined in the regulations as a land-based entity. Finally, NMFS revises the definition of ‘‘manager’’ to effectively include ‘‘stationary floating processor’’ managers. Action 4: Revise Mothership Definition Lhorne on DSK30JT082PROD with RULES Action 4 of this rule revises the definition of mothership in § 679.2 to simplify the structure of the definition by moving the text of paragraph (1) into the main body of the definition and deleting reserved paragraph (2). This minor technical correction does not substantively change the definition of a mothership. Comments and Responses NMFS received one comment letter from the public that contained one unique substantive comment during the public comment period for the proposed rule to implement these four actions. VerDate Sep<11>2014 13:32 Oct 12, 2016 Jkt 241001 PO 00000 Frm 00008 Fmt 4700 Sfmt 4700 shellfish’’ and to cross reference the deadlines specified for the shoreside processor, stationary floating processor or CQE floating processor landing report. This final rule includes three changes to the regulatory text in the proposed rule specific to Action 2. Action 2 is intended to clarify the recordkeeping and reporting requirements applicable to tender vessels and land-based buying stations. As explained in the section ‘‘Action 2: Differentiate Tender Vessels from Buying Stations,’’ this rule revises the definitions of tender vessels and buying stations so that a tender vessel is a vessel and a buying station is a land-based entity. The difference in these two operation types requires differentiating the individual responsible for recordkeeping and reporting requirements for each entity to maintain consistency with how NMFS identifies the individual responsible for other operation types. For vessels that are mobile as a part of daily operations, NMFS identifies the individual responsible for recordkeeping and reporting requirements as the operator of that vessel. For shoreside and stationary floating processors (nonmobile operations), NMFS identifies the manager as the individual responsible. In this final rule, NMFS revises the regulatory text at § 679.5(a)(2)(i), (b), (c)(6)(i), and (e)(5)(iii) to clarify that the individual responsible for recordkeeping and reporting requirements on a vessel, including a tender vessel, is the operator, while the individual responsible at a buying station is the manager. This differentiation is consistent with the identification of the operator of a catcher vessel, catcher/processor, and mothership as the individual responsible and the manager of a shoreside processor or stationary floating processor as the individual responsible. These three revisions from the proposed to final rule are necessary to provide consistency with the intent of Action 2. An additional minor revision to the regulatory text in this final rule will change the abbreviation required to be used in the mothership daily catch and production logbook at § 679.5(c)(6)(vi)(A) from ‘‘BS’’ to ‘‘TV.’’ This revision is necessary to maintain consistency with the proposed change from ‘‘buying station’’ to ‘‘tender vessel’’ in that paragraph. In the proposed rule, NMFS proposed to revise Table 13 to 50 CFR part 679 to remove the notation for a buying station or tender vessel to complete a buying station report. In keeping with the intent of Action 3 of this rule, NMFS will E:\FR\FM\13OCR1.SGM 13OCR1 Federal Register / Vol. 81, No. 198 / Thursday, October 13, 2016 / Rules and Regulations remove the entire row pertaining to the buying station report rather than only removing the notation. Classification Pursuant to section 304(b)(1)(A) and section 305(d) of the Magnuson-Stevens Act, the NMFS Assistant Administrator has determined that this final rule is consistent with the BSAI FMP, the GOA FMP, other provisions of the MagnusonStevens Act, and other applicable law. This final rule has been determined to be not significant for the purposes of Executive Order 12866. Lhorne on DSK30JT082PROD with RULES Small Entity Compliance Guide Section 212 of the Small Business Regulatory Enforcement Fairness Act of 1996 states that, for each rule or group of related rules for which an agency is required to prepare a final regulatory flexibility analysis, the agency shall publish one or more guides to assist small entities in complying with the rule, and shall designate such publications as ‘‘small entity compliance guides.’’ The agency shall explain the actions a small entity is required to take to comply with a rule or group of rules. The preamble to the proposed rule (81 FR 50436; August 1, 2016) and the preamble to this final rule serve as the small entity compliance guide for this action. In addition, a user guide for tLandings is available on the NMFS Alaska Region Web site (https:// elandings.atlassian.net/wiki/display/ doc/tLandings). Final Regulatory Flexibility Analysis Section 604 of the Regulatory Flexibility Act (RFA) requires an agency to prepare a final regulatory flexibility analysis (FRFA) after being required by that section or any other law to publish a general notice of proposed rulemaking and when an agency promulgates a final rule under section 553 of Title 5 of the U.S. Code. The following paragraphs constitute the FRFA for this action. This FRFA incorporates the Initial Regulatory Flexibility Analysis (IRFA), a summary of the significant issues raised by the public comments, NMFS’ responses to those comments, and a summary of the analyses completed to support the action. The FRFA describes the impacts on small entities, which are defined in the IRFA for this action and not repeated here. Analytical requirements for the FRFA are described in RFA, section 604(a)(1) through (6). The FRFA must contain: 1. A statement of the need for, and objectives of, the rule; 2. A statement of the significant issues raised by the public comments in response to the IRFA, a statement of the VerDate Sep<11>2014 13:32 Oct 12, 2016 Jkt 241001 assessment of the agency of such issues, and a statement of any changes made in the proposed rule as a result of such comments; 3. The response of the agency to any comments filed by the Chief Counsel for Advocacy of the Small Business Administration (SBA) in response to the proposed rule, and a detailed statement of any change made to the proposed rule in the final rule as a result of the comments; 4. A description and an estimate of the number of small entities to which the rule will apply, or an explanation of why no such estimate is available; 5. A description of the projected reporting, recordkeeping, and other compliance requirements of the rule, including an estimate of the classes of small entities which will be subject to the requirement and the type of professional skills necessary for preparation of the report or record; and 6. A description of the steps the agency has taken to minimize the significant economic impact on small entities consistent with the stated objectives of applicable statutes, including a statement of the factual, policy, and legal reasons for selecting the alternative adopted in the final rule and why each one of the other significant alternatives to the rule considered by the agency which affect the impact on small entities was rejected. The ‘‘universe’’ of entities to be considered in a FRFA generally includes only those small entities that can reasonably be expected to be directly regulated by the action. If the effects of the rule fall primarily on a distinct segment of the industry, or portion thereof (e.g., user group, gear type, geographic area), that segment will be considered the universe for purposes of this analysis. In preparing a FRFA, an agency may provide either a quantifiable or numerical description of the effects of a rule (and alternatives to the rule), or more general descriptive statements, if quantification is not practicable or reliable. Need for and Objectives of This Final Rule The lack of electronic data from tenders reduces data reliability and timeliness. Data timeliness and reliability are paramount to effective inseason management. Almost real-time access to the data is particularly important for fast-paced fisheries that operate under small total allowable catch limits, constraining PSC limits, or that have inconsistent and unpredictable levels of fishing effort. PO 00000 Frm 00009 Fmt 4700 Sfmt 4700 70603 NMFS requires timely data for the successful management of these fisheries. In addition, NMFS uses timely data for any catch share program that involves transferable allocations of target species. NMFS inseason management and Office of Law Enforcement rely on the data provided through eLandings to monitor compliance with requirements that quota holders not exceed their allocations. Management and enforcement of PSC-limited and catch share fisheries become more difficult when data access is delayed. Additionally, with the lack of electronic data from tenders, NMFS is unable to differentiate deliveries to tender vessels from deliveries to processors unless the processor voluntarily enters the tender vessel identification number in the eLandings report. NMFS has, in the past, raised concerns about landings data reliability and timeliness in analyses presented to the North Pacific Fishery Management Council and fishery participants. Summary of Significant Issues Raised During Public Comment NMFS published the proposed rule on August 1, 2016 (81 FR 50436), with comments invited through August 31, 2016. An IRFA was prepared and summarized in the Classification section of the preamble to the proposed rule. The Chief Counsel for Advocacy of the SBA did not file any comments on the proposed rule. No comments were received that raised significant issues in response to the IRFA specifically; therefore, no changes were made to this rule as a result of comments on the IRFA. However, a comment was received on the entities affected by this rule. For a summary of this comment and the agency’s response, refer to the section above titled ‘‘Comments and Responses.’’ Number and Description of Directly Regulated Small Entities For Regulatory Flexibility Act purposes only, NMFS has established a small business size standard for businesses, including their affiliates, whose primary industry is commercial fishing (see 50 CFR 200.2). A business primarily engaged in commercial fishing (NAICS code 11411) is classified as a small business if it is independently owned and operated, is not dominant in its field of operation (including its affiliates), and has combined annual receipts not in excess of $11 million for all its affiliated operations worldwide. The SBA has established size criteria for all other major industry sectors in the United States, including fish E:\FR\FM\13OCR1.SGM 13OCR1 70604 Federal Register / Vol. 81, No. 198 / Thursday, October 13, 2016 / Rules and Regulations Lhorne on DSK30JT082PROD with RULES processing businesses. A seafood processor is a small business if it is independently owned and operated, not dominant in its field of operation, and employs 750 or fewer persons on a fulltime, part-time, temporary, or other basis, at all its affiliated operations worldwide. A wholesale business servicing the fishing industry is a small business if it employs 100 or fewer persons on a full-time, part-time, temporary, or other basis, at all its affiliated operations worldwide. Action 1 of this rule affects tender vessels and processors that receive deliveries of groundfish from tender vessels. For the purposes of the FRFA, a tender vessel is categorized as a wholesale business servicing the fishing industry. Most tender vessels are independently owned and operated entities that are contracted with processors. The exceptions are tender vessels owned by processors. NMFS does not have data on the number of employees on tender vessels, and therefore conservatively assumes all tender vessels that are independently owned and operated are small entities. Of the 30 tender vessels affected by this action, five are owned by processors that are large entities. Therefore, through affiliation, these five tender vessels are not small entities under the SBA definition. The additional 25 independently owned tender vessels are small entities under the SBA definition. In 2015, there were 8 processors that received groundfish deliveries from tender vessels. None of these processors directly regulated by this action qualify as small entities for the purposes of the SBA. Action 2 of this rule does not add new requirements for tender vessels or buying stations; it only clarifies which requirements the entities are subject to. Therefore this action is expected to have a small positive impact. This action affects the 30 tender vessels and 54 buying stations that were active in 2015. Action 3 of this rule removes a requirement on participants that is not currently used; therefore, it is expected to have no effect on participants. Action 4 of this rule revises the definition of mothership to make it more straightforward and does not modify the definition in a substantive way; therefore, it has no effect on participants. Recordkeeping, Reporting, and Other Compliance Requirements This rule requires modifications to the current recordkeeping and reporting requirements in the Alaska Interagency Electronic Reporting System collection (OMB Control Number 0648–0515). The VerDate Sep<11>2014 13:32 Oct 12, 2016 Jkt 241001 modifications include requiring tender vessel operators to complete the data fields on the tLandings tender workstation application for each delivery the tender vessel accepts from a vessel. Additionally, the tender vessel operator is required to provide the completed tLandings application to the processor on delivery. The processor is then required to upload the information provided by the tender vessel operator in the tLandings application into the eLandings landing report. This rule removes the Buying Station Report requirement. NMFS receives the landing data it needs through eLandings, and does not need the data submitted in the Buying Station Report. The Buying Station Report is discontinued from any future use. Removing the requirement to submit a Buying Station Report removes a duplicative reporting requirement and reduces the burden on the regulated public. Buying stations will continue to be required to submit landing reports using eLandings. Description of Significant Alternatives to This Rule That Minimize Economic Impacts on Small Entities Under each action, NMFS considered two alternatives—the no action alternative and the action alternative. NMFS did not identify any other alternatives that meet the objectives of these actions at a lower cost and reduce economic impact on small entities. The no action alternative for Action 1 would have maintained the existing process of tender vessel operators completing paper fish tickets for each delivery and giving the information to the processor to transcribe and upload into eLandings. Maintaining the manual writing and submission of tender delivery data would not have met the objective of providing timely and accurate landing data. To help reduce the burden of this regulation on small entities and minimize their costs, NMFS will develop the tLandings tender workstation application and provide that at no cost to participants to provide services and products useful to the industry. NMFS will also provide user support and training. Additionally, NMFS will share some of the training costs for processors to learn how to use tLandings. The action alternatives for Actions 2, 3, and 4 have been determined to have either a small positive effect or no effect on participants, and therefore are not discussed further. PO 00000 Frm 00010 Fmt 4700 Sfmt 4700 Collection-of-Information Requirements This rule contains collection-ofinformation requirements subject to the Paperwork Reduction Act (PRA) and which have been approved by the Office of Management and Budget (OMB) under OMB Control Number 0648–0515. Public reporting burden is estimated to average per response: 15 minutes for IERS application processor registration; 35 minutes for eLandings landing report; 35 minutes for manual landing report; 15 minutes for catcher/processor or mothership eLandings production report; and 35 minutes for tLandings landing report. Send comments regarding these burden estimates or any other aspect of this data collection, including suggestions for reducing the burden, to NMFS (see ADDRESSES), and by email to OIRA_Submission@omb.eop.gov, or fax to 202–395–5806. Notwithstanding any other provision of the law, no person is required to respond to, nor shall any person be subject to a penalty for failure to comply with, a collection of information subject to the requirements of the PRA, unless that collection of information displays a currently valid OMB control number. All currently approved NOAA collections of information may be viewed at: http://www.cio.noaa.gov/ services_programs/prasubs.html. List of Subjects 15 CFR Part 902 Reporting and recordkeeping requirements. 50 CFR Part 679 Alaska, Fisheries, Reporting and recordkeeping requirements. Dated: October 3, 2016. Samuel D. Rauch III, Deputy Assistant Administrator for Regulatory Programs, National Marine Fisheries Service. For the reasons set out in the preamble, NMFS amends 15 CFR part 902 and 50 CFR part 679 as follows: 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. § 902.1 [Amended] 2. In § 902.1, in the table in paragraph (b), under the entry ‘‘50 CFR’’ remove the entry for ‘‘679.5(d).’’ ■ E:\FR\FM\13OCR1.SGM 13OCR1 Federal Register / Vol. 81, No. 198 / Thursday, October 13, 2016 / Rules and Regulations PART 679—FISHERIES OF THE EXCLUSIVE ECONOMIC ZONE OFF ALASKA 3. The authority citation for 50 CFR part 679 continues to read as follows: ■ Authority: 16 U.S.C. 773 et seq.; 1801 et seq.; 3631 et seq.; Pub. L. 108–447; Pub. L. 111–281. 4. In § 679.2, revise the definitions for ‘‘Buying station’’, ‘‘Manager’’, ‘‘Mothership’’, ‘‘Tender vessel’’, and ‘‘User’’ to read as follows: ■ § 679.2 Definitions. Lhorne on DSK30JT082PROD with RULES * * * * * Buying station means a land-based entity that receives unprocessed groundfish from a vessel for delivery to a shoreside processor and that does not process those fish. * * * * * Manager, with respect to any shoreside processor, stationary floating processor, or buying station, means the individual responsible for the operation of the processor or buying station. * * * * * Mothership means a vessel that receives and processes groundfish from other vessels. * * * * * Tender vessel means a vessel that is used to transport unprocessed fish or shellfish received from another vessel to an associated processor. * * * * * User means, for purposes of IERS and its components including eLandings and tLandings, an individual representative of a Registered Buyer; a Registered Crab Receiver; a mothership or catcher/processor that is required to have a Federal Fisheries Permit (FFP) under § 679.4; a shoreside processor or SFP and mothership that receives groundfish from vessels issued an FFP under § 679.4; any shoreside processor or SFP that is required to have a Federal processor permit under § 679.4; and his or her designee(s). * * * * * ■ 5. In § 679.5: ■ a. Revise paragraphs (a)(2)(i), (b), and (c)(6)(i); ■ b. Remove paragraph (c)(6)(viii)(E); ■ c. Remove and reserve paragraph (d); ■ d. Revise paragraphs (e)(3)(i), (e)(5)(i)(A)(7), and (e)(5)(iii); and ■ e. Add paragraph (e)(14). The revisions and addition read as follows: § 679.5 (R&R). * Recordkeeping and reporting * * (a) * * * (2) * * * VerDate Sep<11>2014 * * 13:32 Oct 12, 2016 Jkt 241001 (i) The operator of a catcher vessel, catcher/processor, mothership, or tender vessel (hereafter referred to as the operator) and the manager of a shoreside processor, SFP, or buying station (hereafter referred to as the manager) are each responsible for complying with the applicable R&R requirements in this section and in § 679.28. * * * * * (b) Representative. The operator of a catcher vessel, mothership, catcher/ processor, or tender vessel or manager of a shoreside processor, SFP, or buying station may identify one contact person to complete the logbook and forms and to respond to inquiries from NMFS. Designation of a representative under this paragraph (b) does not relieve the owner, operator, or manager of responsibility for compliance under paragraphs (a)(1) through (6) of this section. (c) * * * (6) * * * (i) Responsibility. Except as described in paragraph (f)(1)(v) of this section, the operator of a mothership that is required to have an FFP under § 679.4(b), or the manager of a CQE floating processor that receives or processes any groundfish from the GOA or BSAI from vessels issued an FFP under § 679.4(b), is required to use a combination of mothership DCPL and eLandings to record and report daily processor identification information, delivery information, groundfish production data, and groundfish and prohibited species discard or disposition data. The operator or manager must enter into the DCPL any information for groundfish received from catcher vessels, groundfish received from processors for reprocessing or rehandling, and groundfish received from an associated tender vessel. * * * * * (e) * * * (3) * * * (i) Operation type. Select the operation type from the dropdown list. * * * * * (5) * * * (i) * * * (A) * * * (7) If the delivery is received from a buying station, indicate the name of the buying station. If the delivery is received from a tender vessel, enter the ADF&G vessel registration number. * * * * * (iii) Compliance. By using eLandings, the User for the shoreside processor or SFP and the operator for the catcher vessel or tender vessel or manager of the buying station providing information to the User for the shoreside processor or PO 00000 Frm 00011 Fmt 4700 Sfmt 4700 70605 SFP accept the responsibility of and acknowledge compliance with § 679.7(a)(10). * * * * * (14) Tender vessel landing report (‘‘tLandings’’). (i) tLandings. tLandings is an applications software for preparing electronic landing reports for commercial fishery landings to tender vessels. (ii) Tender vessel operator responsibility. The operator of a tender vessel taking delivery of groundfish that is required to be reported to NMFS on a landing report under paragraph (e)(5) of this section must use tLandings to enter information about each landing of groundfish and must provide that information to the User defined under § 679.2. (iii) User responsibility. The User must configure and provide the tender vessel operator with the most recent version of the tLandings tender workstation application prior to the tender vessel taking delivery of groundfish. (iv) Information entered for each groundfish delivery. The tender vessel operator must log into the configured tLandings tender workstation application and provide the information required on the computer screen. Additional instructions for tLandings is on the Alaska Region Web site at http:// alaskafisheries.noaa.gov. (v) Submittal time limit. (A) The tender vessel operator must provide the landing information in tLandings to the User at the commencement of the transfer or offload of groundfish from the tender vessel to the processor. (B) The User must upload the data recorded in tLandings by the tender vessel to prepare the initial landing report for a catcher vessel delivering to a tender vessel that is required under paragraph (e)(5) of this section within the submittal time limit specified under paragraph (e)(5). (vi) Compliance. By using tLandings, the User and the tender vessel operator providing information to the User accept the responsibility of and acknowledge compliance with § 679.7(a)(10). * * * * * ■ 6. In § 679.7, revise paragraph (a)(11) to read as follows: § 679.7 Prohibitions. * * * * * (a) * * * (11) Buying station or tender vessel— (i) Tender vessel. Use a catcher vessel or catcher/processor as a tender vessel before offloading all groundfish or groundfish product harvested or processed by that vessel. E:\FR\FM\13OCR1.SGM 13OCR1 70606 Federal Register / Vol. 81, No. 198 / Thursday, October 13, 2016 / Rules and Regulations (ii) Associated processor. Function as a tender vessel or buying station without an associated processor. * * * * * 7. Revise table 13 to part 679 to read as follows: ■ TABLE 13 TO PART 679—TRANSFER FORM SUMMARY If participant type is . . . And has . . . Fish product onboard Catcher vessel greater than 60 ft LOA, mothership, or catcher/processor. Catcher vessel greater than 60 ft LOA, mothership, or catcher/processor. Catcher vessel greater than 60 ft LOA, mothership, or catcher/processor. Only non-IFQ groundfish. Vessel leaving or entering Alaska. X Only IFQ sablefish, IFQ halibut, CDQ halibut, or CR crab. Vessel leaving Alaska. Combination of IFQ sablefish, IFQ halibut, CDQ halibut, or CR crab and non-IFQ groundfish. Non-IFQ groundfish. Vessel leaving Alaska. Mothership, catcher/processor, shoreside processor, or SFP. Mothership, catcher/processor, shoreside processor, or SFP. Registered Buyer A person holding a valid IFQ permit, IFQ hired master permit, or Registered Buyer permit. Registered Buyer Vessel operator Registered Crab Receiver. Registered Crab Receiver. Departure report 4 .................... .................... .................... X X .................... .................... X Shipment of groundfish product. .................... X Donated PSC .... Shipment of donated PSC. .................... X IFQ sablefish, IFQ halibut, or CDQ halibut. IFQ sablefish, IFQ halibut, or CDQ halibut. Transfer of product. .................... X Transfer of product. .................... .................... .................... .................... XXX IFQ sablefish, IFQ halibut, or CDQ halibut. Transfer from landing site to Registered Buyer’s processing facility. Transshipment between vessels. .................... .................... .................... .................... .................... XX .................... .................... XXXX Transfer of product. Transfer from landing site to RCR’s processing facility. .................... X .................... .................... .................... .................... XX Processed IFQ sablefish, IFQ halibut, CDQ halibut, or CR crab. CR crab ............. CR crab ............. .................... vessel activity report (VAR) is described at § 679.5(k). product transfer report (PTR) is described at § 679.5(g). 3 An IFQ transshipment authorization is described at § 679.5(l)(3). 4 An IFQ departure report is described at § 679.5(l)(4). 5 An IFQ dockside sales receipt is described at § 679.5(g)(2)(iv). 6 A landing receipt is described at § 679.5(e)(8)(vii). X indicates under what circumstances each report is submitted. XX indicates that the document must accompany the transfer of IFQ species from landing site to processor. XXX indicates receipt must be issued to each receiver in a dockside sale. XXXX indicates authorization must be obtained 24 hours in advance. 2A VerDate Sep<11>2014 Landing receipt 6 Transship 3 VAR 1 1A Lhorne on DSK30JT082PROD with RULES Dockside sales receipt 5 PTR 2 And is involved in this activity 13:32 Oct 12, 2016 Jkt 241001 PO 00000 Frm 00012 Fmt 4700 Sfmt 4700 E:\FR\FM\13OCR1.SGM 13OCR1 70607 Federal Register / Vol. 81, No. 198 / Thursday, October 13, 2016 / Rules and Regulations §§ 679.2, 679.5, 679.7, and 679.51 and Table 1b to Part 679 [Amended] 8. At each of the locations shown in the ‘‘Location’’ column, remove the ■ phrase indicated in the ‘‘Remove’’ column and replace it with the phrase indicated in the ‘‘Add’’ column for the number of times indicated in the ‘‘Frequency’’ column. Location Remove Add § 679.2 ‘‘Agent’’ (1) .......................... § 679.2 ‘‘Agent’’ (2) .......................... § 679.2 ‘‘Associated processor’’ ....... § 679.2 ‘‘Shoreside processor’’ ........ § 679.5(a)(2)(ii) ................................. § 679.5(a)(3)(ii) ................................. § 679.5(a)(3)(iii) ................................ § 679.5(c)(1)(vi)(B)(4) ....................... § 679.5(c)(3)(ii)(A)(3) ........................ § 679.5(c)(3)(viii) .............................. § 679.5(c)(3)(x) ................................. § 679.5(c)(4)(ii)(A)(3) ........................ § 679.5(c)(4)(viii) .............................. § 679.5(c)(4)(x) ................................. § 679.5(c)(6)(ii)(A) ............................ § 679.5(c)(6)(vi) introductory text ..... § 679.5(c)(6)(vi)(A) ........................... § 679.5(c)(6)(vi)(A) ........................... § 679.5(c)(6)(vi)(B) ........................... § 679.5(c)(6)(vi)(C) ........................... § 679.5(c)(6)(vi)(F) ........................... § 679.5(c)(6)(vi)(H) ........................... § 679.5(c)(6)(vii) ............................... § 679.5(c)(6)(viii)(A) .......................... § 679.5(e)(3)(viii) .............................. § 679.5(e)(5)(i) introductory text ....... § 679.5(e)(5)(i)(A)(6) ........................ § 679.5(e)(5)(i)(C)(1) ........................ § 679.5(e)(6)(i) introductory text ....... § 679.5(e)(6)(i)(B)(1) ........................ § 679.5(e)(6)(iii) ................................ § 679.5(f)(1)(v) .................................. § 679.5(f)(5)(ii) .................................. § 679.5(p)(1) ..................................... § 679.7(d)(4)(i)(C) ............................. § 679.51(e)(3) ................................... Table 1b to Part 679 ........................ buying station .................................. buying station .................................. buying station .................................. buying stations ................................ or buying station ............................. catcher vessels and buying stations catcher vessel or buying station ..... or buying station ............................. or buying station ............................. buying station .................................. buying station .................................. or buying station ............................. buying station .................................. buying station .................................. buying station .................................. buying station .................................. BS ................................................... buying station .................................. buying station .................................. buying station .................................. buying station .................................. buying station .................................. buying station .................................. buying station .................................. buying station .................................. buying station .................................. buying station .................................. buying station .................................. buying station .................................. buying station .................................. buying station .................................. buying station .................................. buying station .................................. buying station .................................. buying station .................................. or buying station ............................. and buying stations ......................... buying station, tender vessel ....................................... buying station or tender vessel ................................... buying station or tender vessel ................................... buying stations, tender vessels ................................... buying station, or tender vessel .................................. catcher vessels, buying stations, and tender vessels catcher vessel, buying station, or tender vessel ......... buying station, or tender vessel .................................. buying station, or tender vessel .................................. buying station, tender vessel ....................................... buying station, tender vessel ....................................... buying station, or tender vessel .................................. buying station, tender vessel ....................................... buying station, tender vessel ....................................... tender vessel ............................................................... tender vessel ............................................................... TV ................................................................................ tender vessel ............................................................... tender vessel ............................................................... tender vessel ............................................................... tender vessel ............................................................... tender vessel ............................................................... tender vessel ............................................................... tender vessel ............................................................... buying station, tender vessel, ...................................... buying station or tender vessel ................................... buying station or tender vessel ................................... buying station or tender vessel ................................... tender vessel ............................................................... tender vessel ............................................................... tender vessel ............................................................... tender vessel ............................................................... buyer station or tender vessel ..................................... tender vessel ............................................................... buying station or tender vessel ................................... buying station, or tender vessel .................................. buying stations, and tender vessels ............................ [FR Doc. 2016–24457 Filed 10–12–16; 8:45 am] BILLING CODE 3510–22–P DEPARTMENT OF LABOR Occupational Safety and Health Administration 29 CFR Part 1984 [Docket Number: OSHA–2011–0193] RIN 1218–AC79 Procedures for the Handling of Retaliation Complaints Under Section 1558 of the Affordable Care Act Occupational Safety and Health Administration, Labor. ACTION: Final rule. Lhorne on DSK30JT082PROD with RULES AGENCY: This document provides the final text of regulations governing employee protection (retaliation or whistleblower) claims under section SUMMARY: VerDate Sep<11>2014 13:32 Oct 12, 2016 Jkt 241001 1558 of the Affordable Care Act, which added section 18C to the Fair Labor Standards Act to provide protections to employees who may have been subject to retaliation for seeking assistance under certain affordability assistance provisions (for example, health insurance premium tax credits) or for reporting potential violations of the Affordable Care Act’s consumer protections (for example, the prohibition on rescissions). An interim final rule (IFR) governing these provisions and request for comments was published in the Federal Register on February 27, 2013. Thirteen comments were received; eleven were responsive to the IFR. This rule responds to those comments and establishes the final procedures and time frames for the handling of retaliation complaints under section 18C, including procedures and time frames for employee complaints to the Occupational Safety and Health PO 00000 Frm 00013 Fmt 4700 Sfmt 4700 Frequency 1 1 3 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 2 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Administration (OSHA), investigations by OSHA, appeals of OSHA determinations to an administrative law judge (ALJ) for a hearing de novo, hearings by ALJs, review of ALJ decisions by the Administrative Review Board (ARB) (acting on behalf of the Secretary of Labor), and judicial review of the Secretary of Labor’s (Secretary’s) final decision. It also sets forth the Secretary’s interpretations of the Affordable Care Act whistleblower provision on certain matters. DATES: This final rule is effective on October 13, 2016. FOR FURTHER INFORMATION CONTACT: Anh-Viet Ly, Directorate of Whistleblower Protection Programs, Occupational Safety and Health Administration, U.S. Department of Labor, Room N–4624, 200 Constitution Avenue NW., Washington, DC 20210; telephone (202) 693–2199; email: OSHA.DWPP@dol.gov. This is not a tollfree number. E:\FR\FM\13OCR1.SGM 13OCR1

Agencies

[Federal Register Volume 81, Number 198 (Thursday, October 13, 2016)]
[Rules and Regulations]
[Pages 70599-70607]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-24457]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

15 CFR Part 902

50 CFR Part 679

[Docket No. 160225147-6898-02]
RIN 0648-BF83


Fisheries of the Exclusive Economic Zone off Alaska; 
Modifications to Recordkeeping and Reporting Requirements

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

ACTION: Final rule.

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[[Page 70600]]

SUMMARY: NMFS issues regulations to modify the recordkeeping and 
reporting requirements for the groundfish fisheries in the Gulf of 
Alaska and the Bering Sea/Aleutian Islands management areas. This rule 
is organized into four actions. Under the first action, NMFS implements 
a requirement for tender vessel operators to use the applications 
software ``tLandings'' to prepare electronic landing reports. This 
action is necessary to improve timeliness and reliability of landing 
reports for catcher vessels delivering to tender vessels for use in 
catch accounting and inseason management. Under the second action, NMFS 
modifies the definition of a buying station. This action is necessary 
to clarify the different requirements that apply to tender vessels and 
land-based buying stations. Under the third action, NMFS removes the 
requirement for buying stations to complete the buying station report 
because this report is no longer necessary. Under the fourth action, 
NMFS revises the definition of a mothership to remove unnecessary 
formatting without changing the substance of the definition. This final 
rule is intended to promote the goals and objectives of the Magnuson-
Stevens Fishery Conservation and Management Act, the Fishery Management 
Plan for Groundfish of the Bering Sea and Aleutian Islands Management 
Area (BSAI FMP), the Fishery Management Plan for Groundfish of the Gulf 
of Alaska (GOA FMP), and other applicable laws.

DATES: Effective January 1, 2017.

ADDRESSES: Electronic copies of the Regulatory Impact Review (RIR), the 
Initial Regulatory Flexibility Analysis, and the Categorical Exclusion 
prepared for this rule may be obtained from http://www.regulations.gov 
or from the NMFS Alaska Region Web site at http://alaskafisheries.noaa.gov.
    Written comments regarding the burden-hour estimates or other 
aspects of the collection-of-information requirements contained in this 
rule may be submitted by mail to NMFS Alaska Region, P.O. Box 21668, 
Juneau, AK 99802-1668, Attn: Ellen Sebastian, Records Officer; in 
person at NMFS Alaska Region, 709 West 9th Street, Room 420A, Juneau, 
AK; by email to OIRA_submission@omb.eop.gov; or by fax to 202-395-5806.

FOR FURTHER INFORMATION CONTACT: Keeley Kent, 907-586-7228.

SUPPLEMENTARY INFORMATION: NMFS published a proposed rule to modify the 
recordkeeping and reporting requirements for the groundfish fisheries 
in the Gulf of Alaska and the Bering Sea and Aleutian Islands 
management areas on August 1, 2016 (81 FR 50436). The comment period on 
the proposed rule ended on August 31, 2016. NMFS received one comment.

Background

    This final rule is organized into four actions. The first action 
implements a requirement for tender vessel operators to use tLandings. 
The second action modifies the definition of buying station so that 
tender vessels and land-based buying stations are differentiated under 
the regulations. The third action removes the requirement for buying 
stations to complete the buying station report. The fourth action 
modifies the definition of a mothership to simplify the unnecessary 
paragraph formatting. The following sections of the preamble describe 
(1) background on the Interagency Electronic Reporting System and 
tendering, (2) the need for action, (3) the final rule, (4) the 
response to comments, and (5) the changes from the proposed rule. The 
preamble of the proposed rule (81 FR 50436; August 1, 2016) provides a 
more detailed description of the background and need for this action.

Interagency Electronic Reporting System

    The Interagency Electronic Reporting System (IERS) is a 
collaborative program for reporting commercial fishery landings 
administered by NMFS, Alaska Department of Fish and Game (ADF&G), and 
the International Pacific Halibut Commission. The IERS consists of 
three main components: eLandings--a web-based application for immediate 
harvest data upload from internet-capable vessels or processors; 
seaLandings--a desktop application for vessels at sea without internet 
capability that transmits reports by satellite phone; and tLandings--a 
software application for tender vessels that records landings data on a 
USB flash drive (``thumb drive'') that includes all of the data fields 
required under IERS. NMFS requires all shoreside or floating processors 
that hold a Federal processing permit to use eLandings or other NMFS-
approved software to submit landing reports for all groundfish species.

Tendering

    A tender vessel is defined under Sec.  679.2 as a vessel that is 
used to transport unprocessed fish or shellfish received from another 
vessel to an associated processor. An associated processor is defined 
under Sec.  679.2 as having a contractual relationship with a buying 
station to conduct groundfish buying station activities for that 
processor. The contractual relationship in the Federal regulations 
creates joint responsibility for recordkeeping and reporting. For more 
information on tendering, see Section 1.5 of the RIR.

Need for This Final Rule

    This action is necessary to enable NMFS to identify tender vessel 
deliveries and to provide reliable, expeditious data for catch 
accounting and inseason management of fisheries with tender vessel 
deliveries. In addition, this action is necessary to correct and 
clarify other regulations in 50 CFR part 679 that are related to 
recordkeeping and reporting by tender vessels and associated 
processors.
    Prior to this final rule, when a tender vessel received catch from 
a vessel, the tender vessel operator completed a paper fish ticket. 
Once the transfer was complete, the vessel operator signed the paper 
fish ticket acknowledging the transfer of catch and agreeing to the 
information provided. When the tender vessel delivered the catch to the 
processor, the tender vessel operator provided the paper fish ticket to 
the processor. The processor then verified the information and manually 
entered the fish ticket data into eLandings to create a landing report. 
Landing reports are required to be submitted to NMFS by noon of the day 
following the delivery. The processor's manual entry of fish ticket 
data, including review and correction of the data, sometimes made it 
difficult for the processor to meet this submission deadline and 
delayed the availability of the tender vessel landing data to NMFS.
    The lack of electronic data from tenders reduced data reliability 
and timeliness. Additionally, with the lack of electronic data from 
tenders, NMFS was unable to differentiate deliveries to tender vessels 
from deliveries to processors unless the processor voluntarily entered 
the tender vessel identification number in the eLandings report. NMFS 
had, in the past, raised concerns about landings data reliability and 
timeliness in analyses presented to the North Pacific Fishery 
Management Council and fishery participants. The tLandings requirement 
reduces data entry errors and the time required to manually enter fish 
tickets. Requiring tLandings reduces the likelihood of a processor 
needing to recall a tender vessel if a fish ticket is illegible or 
incorrectly filled out. Additionally, requiring tLandings eliminates 
the need for comprehensive manual data entry by processor staff, 
simplifying and expediting the data transmission to NMFS.
    Data timeliness and reliability are paramount to effective inseason

[[Page 70601]]

management. Almost real-time access to the data is particularly 
important for fast-paced fisheries that operate under small total 
allowable catch limits, constraining prohibited species catch (PSC) 
limits, or that have inconsistent and unpredictable levels of fishing 
effort. NMFS requires timely data for the successful management of 
these fisheries. In addition, NMFS uses timely data for any catch share 
program that involves transferable allocations of target species. NMFS 
inseason management and Office of Law Enforcement rely on the data 
provided through eLandings to monitor compliance with requirements that 
quota holders not exceed their allocations. Management and enforcement 
of PSC-limited and catch share fisheries become more difficult when 
data access is delayed. For more information on the potential 
implications of the lack of electronic data entry on management, see 
Sections 1.3 and 1.8 of the RIR.
    This rule requires tenders to use tLandings. tLandings is a 
computer application used on computers on board tender vessels to 
create electronic landing reports. The tLandings application is loaded 
onto a thumb drive; the tender vessel operator creates the landing 
reports and stores them on the thumb drive. The mandatory use of 
tLandings will provide a streamlined data entry mechanism that ensures 
efficient, precise data transmission.

This Final Rule

Action 1: Require Tender Vessel Operators To Use tLandings

    Action 1 of this rule requires tender vessel operators to use 
tLandings to prepare electronic landing reports. Action 1 is necessary 
to improve data quality for deliveries made to tender vessels.
    Under this rule, the eLandings user (defined as a representative of 
a processor under Sec.  679.2, i.e., an employee) is required to supply 
the tender vessel operator with a ``configured'' tLandings application 
for computer installation prior to the tender vessel operator taking 
delivery of fish or shellfish from a fishing vessel. A configured 
tLandings application is preloaded with a list of the authorized users, 
a species list, and other useful data for the associated processor and 
tender vessel operator. The tender vessel operator must record the 
required information in tLandings for each delivery the tender vessel 
accepts. Once the tender vessel delivers the catch to the associated 
processor, the user (as defined at Sec.  679.2) is required to complete 
the eLandings landing report by uploading the tLandings data through 
the Processor Tender Interface component of eLandings. After the 
completion of the delivery, the processor may sort the catch and update 
the landing data appropriately.
    The processor will continue to be subject to the time limits for 
data submission specified under Sec.  679.5(e). For shoreside 
processors and stationary floating processors, users must submit a 
landing report for each delivery by 1200 hours, Alaska local time, of 
the day following completion of the delivery (Sec.  679.5(e)(5)(ii)). 
These processors have until 1200 hours, Alaska local time, of the third 
day following completion of the delivery to submit a revised landing 
report after sorting has occurred. Under this rule, tender vessels 
delivering to shoreside processors or stationary floating processors 
are required to abide by these submittal time limits.
    Under this rule, the tender vessel operator is responsible for 
completing the tLandings landing report and submitting it to the 
processor. This creates a joint responsibility for the tLandings 
landing report information for the tender vessel operator and the 
processor. Section 1.9.4 of the RIR provides additional detail on the 
monitoring and enforcement of the tLandings requirements.
    To use tLandings, each tender vessel needs a laptop computer with a 
numeric key pad, a basic laser printer with ink cartridges and paper, a 
magstripe reader, and thumb drives that contain the tLandings 
application. NMFS estimates that using tLandings will increase the 
annual cost to tender vessels from $1,000 to $2,300. Section 1.4 of the 
RIR describes that most tender vessels are voluntarily using tLandings 
to report Federal groundfish landings, and many are required to use 
tLandings to report landings made in fisheries managed by the State of 
Alaska (State). Therefore, the total additional costs and burden on 
tender vessel operations are expected to be limited. See Section 
1.9.1.1 of the RIR for more information on the estimated cost of 
equipment.
    Operating the tLandings application requires some training and 
practice for both the tender vessel operators and processor staff. NMFS 
assumes that the initial and ongoing training costs to use tLandings 
will likely be shared by NMFS and the processor using tender vessels. 
NMFS may bear an initial cost for training processors on the use of 
tLandings, after which it will be the processors' responsibility to 
provide training for their tender vessel operators. NMFS estimates that 
it will require a full day of initial training for new tLandings users. 
Section 1.9.1.2 of the RIR describes projected training costs in more 
detail.
    Because processors are already subject to an eLandings reporting 
requirement, processors likely have staff proficient with the IERS 
software, so there is not expected to be significant additional 
training required for the tLandings requirement.
    Under this rule, NMFS will add a data field to the tLandings 
application to track the location of tenders when they take deliveries 
from vessels. The tender vessel operator is required to report the 
vessel's latitude and longitude at the time of each vessel delivery. 
This data is necessary to improve information on tender vessel activity 
and vessel delivery patterns when delivering to a tender vessel as 
opposed to a processor. This data field is not expected to add a 
reporting burden on tender vessel operators.
    Section 1.5.1 of the RIR estimates that 30 tender vessels received 
Federal groundfish in the BSAI and GOA in 2015. Those tender vessels 
delivered to eight processors. Many tender vessels that operate in the 
Federal groundfish fisheries also operate in the State groundfish 
fisheries. Under State regulations these tender vessels are already 
subject to a State tLandings requirement and may already be equipped 
with tLandings from ADF&G. In 2015, 21 of the 30 tender vessels also 
took delivery of State groundfish. NMFS expects that there will be 
minimal additional cost for these tender vessels to also use tLandings 
for Federal groundfish. The tLandings requirement under this rule 
affects nine tender vessels. The eight processors that received Federal 
groundfish from tender vessels in 2015 also received State groundfish 
from tender vessels; therefore, the effect of this rule on processors 
is estimated to be minimal.

Action 2: Differentiate Tender Vessels From Buying Stations

    Action 2 of this rule revises the definitions of tender vessel and 
buying station for improved clarity to ensure that the reporting 
requirements that are applicable to tender vessels and land-based 
buying stations are clear to the public. Prior to this final rule, 
under Sec.  679.2, the definition of a buying station includes both 
tender vessels and land-based buying stations. Under Sec.  679.2, 
tender vessel is separately defined as a vessel used to transport 
unprocessed fish or shellfish received from another vessel to an 
associated processor. While many recordkeeping and reporting 
requirements that apply to buying stations should include both

[[Page 70602]]

tender vessels and land-based buying stations, not all of the reporting 
requirements that apply to buying stations should apply to both tender 
vessels and land-based buying stations. Additionally, while a tender 
vessel may be associated with a shoreside processor, stationary 
floating processor, or mothership, a land-based buying station is only 
associated with a shoreside processor. Action 2 does not revise or 
modify the specific provisions of reporting requirements, but clarifies 
who is responsible for each requirement.

Action 3: Remove the Buying Station Report Requirement

    Action 3 of this rule removes the requirement in Sec.  679.5(d) for 
a buying station to submit a Buying Station Report. The most recent 
year of landing report data in 2015 shows that all 54 active buying 
stations are associated with shoreside processors that use eLandings. 
NMFS receives the landing data it needs through eLandings, and so does 
not need to require that the data be submitted in a Buying Station 
Report. Removing the requirement to submit a Buying Station Report 
removes a duplicative reporting requirement and reduces the burden on 
the regulated public. Buying stations will continue to be required to 
submit landing reports using eLandings.
    To implement Action 3, this rule modifies references in the 
regulations to clarify whether certain recordkeeping and reporting 
requirements apply to tender vessels, buying stations, or both. 
Additionally, this rule removes the qualifier ``land-based'' from 
references to buying stations in the regulations because buying station 
is defined in the regulations as a land-based entity. Finally, NMFS 
revises the definition of ``manager'' to effectively include 
``stationary floating processor'' managers.

Action 4: Revise Mothership Definition

    Action 4 of this rule revises the definition of mothership in Sec.  
679.2 to simplify the structure of the definition by moving the text of 
paragraph (1) into the main body of the definition and deleting 
reserved paragraph (2). This minor technical correction does not 
substantively change the definition of a mothership.

Comments and Responses

    NMFS received one comment letter from the public that contained one 
unique substantive comment during the public comment period for the 
proposed rule to implement these four actions. NMFS' response to this 
comment is presented below.
    Comment: Will tender vessels that tender IFQ halibut need to use 
tLandings to submit landing reports?
    Response: No. Tender vessels are not required to use tLandings for 
IFQ halibut. This rule does not alter the existing recordkeeping and 
reporting requirements for the Individual Fishing Quota (IFQ) Program. 
The final rule is modified as described below to clarify that tender 
vessels that take deliveries of non-IFQ groundfish will be subject to 
this rule.

Changes From the Proposed Rule

    This final rule includes changes to the regulatory text published 
in the proposed rule.
    This final rule includes a change to the regulatory text that was 
made in response to the comment received on the proposed rule to 
clarify who is required to use tLandings under this rule. The proposed 
rule did not make clear that the tLandings rule will not apply to 
tender vessels that take IFQ halibut or sablefish, Community 
Development Quota (CDQ) halibut, or Crab Rationalization Program (CR) 
crab. While tenders are not regularly used in any of these fisheries, 
several minor modifications to the regulatory text in the final rule 
will make this distinction clear.
    The tLandings application is not configured to accommodate 
reporting of IFQ species or CDQ halibut. In addition, the IFQ species 
and CDQ halibut are reported to NMFS on different landing reports than 
are used for non-IFQ groundfish species. IFQ halibut and sablefish and 
CDQ halibut are reported to NMFS on a Registered Buyer landing report. 
CR crab are reported on a Registered Crab Receiver IFQ crab landing 
report. Groundfish, other than IFQ sablefish, are required to be 
reported on a shoreside processor, stationary floating processor, or 
Community Quota Entity floating processor landing report. Only tender 
vessels that take deliveries of non-IFQ groundfish in the BSAI and GOA 
will be required to use and complete tLandings.
    The regulatory language in the proposed rule specified that 
tLandings would be required for fish or shellfish required to be 
reported on a shoreside processor, stationary floating processor, or 
Community Quota Entity (CQE) floating processor landing report (``a 
landing report under Sec.  679.5(e)(5)''). Therefore, to make the 
needed clarification in the final rule, NMFS revises the regulatory 
language at new paragraph Sec.  679.5(e)(14) to refer to ``groundfish'' 
rather than ``fish or shellfish'' and to cross reference the deadlines 
specified for the shoreside processor, stationary floating processor or 
CQE floating processor landing report.
    This final rule includes three changes to the regulatory text in 
the proposed rule specific to Action 2. Action 2 is intended to clarify 
the recordkeeping and reporting requirements applicable to tender 
vessels and land-based buying stations. As explained in the section 
``Action 2: Differentiate Tender Vessels from Buying Stations,'' this 
rule revises the definitions of tender vessels and buying stations so 
that a tender vessel is a vessel and a buying station is a land-based 
entity. The difference in these two operation types requires 
differentiating the individual responsible for recordkeeping and 
reporting requirements for each entity to maintain consistency with how 
NMFS identifies the individual responsible for other operation types. 
For vessels that are mobile as a part of daily operations, NMFS 
identifies the individual responsible for recordkeeping and reporting 
requirements as the operator of that vessel. For shoreside and 
stationary floating processors (non-mobile operations), NMFS identifies 
the manager as the individual responsible. In this final rule, NMFS 
revises the regulatory text at Sec.  679.5(a)(2)(i), (b), (c)(6)(i), 
and (e)(5)(iii) to clarify that the individual responsible for 
recordkeeping and reporting requirements on a vessel, including a 
tender vessel, is the operator, while the individual responsible at a 
buying station is the manager. This differentiation is consistent with 
the identification of the operator of a catcher vessel, catcher/
processor, and mothership as the individual responsible and the manager 
of a shoreside processor or stationary floating processor as the 
individual responsible. These three revisions from the proposed to 
final rule are necessary to provide consistency with the intent of 
Action 2.
    An additional minor revision to the regulatory text in this final 
rule will change the abbreviation required to be used in the mothership 
daily catch and production logbook at Sec.  679.5(c)(6)(vi)(A) from 
``BS'' to ``TV.'' This revision is necessary to maintain consistency 
with the proposed change from ``buying station'' to ``tender vessel'' 
in that paragraph.
    In the proposed rule, NMFS proposed to revise Table 13 to 50 CFR 
part 679 to remove the notation for a buying station or tender vessel 
to complete a buying station report. In keeping with the intent of 
Action 3 of this rule, NMFS will

[[Page 70603]]

remove the entire row pertaining to the buying station report rather 
than only removing the notation.

Classification

    Pursuant to section 304(b)(1)(A) and section 305(d) of the 
Magnuson-Stevens Act, the NMFS Assistant Administrator has determined 
that this final rule is consistent with the BSAI FMP, the GOA FMP, 
other provisions of the Magnuson-Stevens Act, and other applicable law.
    This final rule has been determined to be not significant for the 
purposes of Executive Order 12866.

Small Entity Compliance Guide

    Section 212 of the Small Business Regulatory Enforcement Fairness 
Act of 1996 states that, for each rule or group of related rules for 
which an agency is required to prepare a final regulatory flexibility 
analysis, the agency shall publish one or more guides to assist small 
entities in complying with the rule, and shall designate such 
publications as ``small entity compliance guides.'' The agency shall 
explain the actions a small entity is required to take to comply with a 
rule or group of rules. The preamble to the proposed rule (81 FR 50436; 
August 1, 2016) and the preamble to this final rule serve as the small 
entity compliance guide for this action. In addition, a user guide for 
tLandings is available on the NMFS Alaska Region Web site (https://elandings.atlassian.net/wiki/display/doc/tLandings).

Final Regulatory Flexibility Analysis

    Section 604 of the Regulatory Flexibility Act (RFA) requires an 
agency to prepare a final regulatory flexibility analysis (FRFA) after 
being required by that section or any other law to publish a general 
notice of proposed rulemaking and when an agency promulgates a final 
rule under section 553 of Title 5 of the U.S. Code. The following 
paragraphs constitute the FRFA for this action.
    This FRFA incorporates the Initial Regulatory Flexibility Analysis 
(IRFA), a summary of the significant issues raised by the public 
comments, NMFS' responses to those comments, and a summary of the 
analyses completed to support the action. The FRFA describes the 
impacts on small entities, which are defined in the IRFA for this 
action and not repeated here. Analytical requirements for the FRFA are 
described in RFA, section 604(a)(1) through (6). The FRFA must contain:
    1. A statement of the need for, and objectives of, the rule;
    2. A statement of the significant issues raised by the public 
comments in response to the IRFA, a statement of the assessment of the 
agency of such issues, and a statement of any changes made in the 
proposed rule as a result of such comments;
    3. The response of the agency to any comments filed by the Chief 
Counsel for Advocacy of the Small Business Administration (SBA) in 
response to the proposed rule, and a detailed statement of any change 
made to the proposed rule in the final rule as a result of the 
comments;
    4. A description and an estimate of the number of small entities to 
which the rule will apply, or an explanation of why no such estimate is 
available;
    5. A description of the projected reporting, recordkeeping, and 
other compliance requirements of the rule, including an estimate of the 
classes of small entities which will be subject to the requirement and 
the type of professional skills necessary for preparation of the report 
or record; and
    6. A description of the steps the agency has taken to minimize the 
significant economic impact on small entities consistent with the 
stated objectives of applicable statutes, including a statement of the 
factual, policy, and legal reasons for selecting the alternative 
adopted in the final rule and why each one of the other significant 
alternatives to the rule considered by the agency which affect the 
impact on small entities was rejected.
    The ``universe'' of entities to be considered in a FRFA generally 
includes only those small entities that can reasonably be expected to 
be directly regulated by the action. If the effects of the rule fall 
primarily on a distinct segment of the industry, or portion thereof 
(e.g., user group, gear type, geographic area), that segment will be 
considered the universe for purposes of this analysis.
    In preparing a FRFA, an agency may provide either a quantifiable or 
numerical description of the effects of a rule (and alternatives to the 
rule), or more general descriptive statements, if quantification is not 
practicable or reliable.
Need for and Objectives of This Final Rule
    The lack of electronic data from tenders reduces data reliability 
and timeliness. Data timeliness and reliability are paramount to 
effective inseason management. Almost real-time access to the data is 
particularly important for fast-paced fisheries that operate under 
small total allowable catch limits, constraining PSC limits, or that 
have inconsistent and unpredictable levels of fishing effort. NMFS 
requires timely data for the successful management of these fisheries. 
In addition, NMFS uses timely data for any catch share program that 
involves transferable allocations of target species. NMFS inseason 
management and Office of Law Enforcement rely on the data provided 
through eLandings to monitor compliance with requirements that quota 
holders not exceed their allocations. Management and enforcement of 
PSC-limited and catch share fisheries become more difficult when data 
access is delayed.
    Additionally, with the lack of electronic data from tenders, NMFS 
is unable to differentiate deliveries to tender vessels from deliveries 
to processors unless the processor voluntarily enters the tender vessel 
identification number in the eLandings report. NMFS has, in the past, 
raised concerns about landings data reliability and timeliness in 
analyses presented to the North Pacific Fishery Management Council and 
fishery participants.
Summary of Significant Issues Raised During Public Comment
    NMFS published the proposed rule on August 1, 2016 (81 FR 50436), 
with comments invited through August 31, 2016. An IRFA was prepared and 
summarized in the Classification section of the preamble to the 
proposed rule. The Chief Counsel for Advocacy of the SBA did not file 
any comments on the proposed rule. No comments were received that 
raised significant issues in response to the IRFA specifically; 
therefore, no changes were made to this rule as a result of comments on 
the IRFA. However, a comment was received on the entities affected by 
this rule. For a summary of this comment and the agency's response, 
refer to the section above titled ``Comments and Responses.''
Number and Description of Directly Regulated Small Entities
    For Regulatory Flexibility Act purposes only, NMFS has established 
a small business size standard for businesses, including their 
affiliates, whose primary industry is commercial fishing (see 50 CFR 
200.2). A business primarily engaged in commercial fishing (NAICS code 
11411) is classified as a small business if it is independently owned 
and operated, is not dominant in its field of operation (including its 
affiliates), and has combined annual receipts not in excess of $11 
million for all its affiliated operations worldwide.
    The SBA has established size criteria for all other major industry 
sectors in the United States, including fish

[[Page 70604]]

processing businesses. A seafood processor is a small business if it is 
independently owned and operated, not dominant in its field of 
operation, and employs 750 or fewer persons on a full-time, part-time, 
temporary, or other basis, at all its affiliated operations worldwide. 
A wholesale business servicing the fishing industry is a small business 
if it employs 100 or fewer persons on a full-time, part-time, 
temporary, or other basis, at all its affiliated operations worldwide.
    Action 1 of this rule affects tender vessels and processors that 
receive deliveries of groundfish from tender vessels. For the purposes 
of the FRFA, a tender vessel is categorized as a wholesale business 
servicing the fishing industry. Most tender vessels are independently 
owned and operated entities that are contracted with processors. The 
exceptions are tender vessels owned by processors. NMFS does not have 
data on the number of employees on tender vessels, and therefore 
conservatively assumes all tender vessels that are independently owned 
and operated are small entities.
    Of the 30 tender vessels affected by this action, five are owned by 
processors that are large entities. Therefore, through affiliation, 
these five tender vessels are not small entities under the SBA 
definition. The additional 25 independently owned tender vessels are 
small entities under the SBA definition. In 2015, there were 8 
processors that received groundfish deliveries from tender vessels. 
None of these processors directly regulated by this action qualify as 
small entities for the purposes of the SBA.
    Action 2 of this rule does not add new requirements for tender 
vessels or buying stations; it only clarifies which requirements the 
entities are subject to. Therefore this action is expected to have a 
small positive impact. This action affects the 30 tender vessels and 54 
buying stations that were active in 2015.
    Action 3 of this rule removes a requirement on participants that is 
not currently used; therefore, it is expected to have no effect on 
participants.
    Action 4 of this rule revises the definition of mothership to make 
it more straightforward and does not modify the definition in a 
substantive way; therefore, it has no effect on participants.
Recordkeeping, Reporting, and Other Compliance Requirements
    This rule requires modifications to the current recordkeeping and 
reporting requirements in the Alaska Interagency Electronic Reporting 
System collection (OMB Control Number 0648-0515). The modifications 
include requiring tender vessel operators to complete the data fields 
on the tLandings tender workstation application for each delivery the 
tender vessel accepts from a vessel. Additionally, the tender vessel 
operator is required to provide the completed tLandings application to 
the processor on delivery. The processor is then required to upload the 
information provided by the tender vessel operator in the tLandings 
application into the eLandings landing report.
    This rule removes the Buying Station Report requirement. NMFS 
receives the landing data it needs through eLandings, and does not need 
the data submitted in the Buying Station Report. The Buying Station 
Report is discontinued from any future use. Removing the requirement to 
submit a Buying Station Report removes a duplicative reporting 
requirement and reduces the burden on the regulated public. Buying 
stations will continue to be required to submit landing reports using 
eLandings.
Description of Significant Alternatives to This Rule That Minimize 
Economic Impacts on Small Entities
    Under each action, NMFS considered two alternatives--the no action 
alternative and the action alternative. NMFS did not identify any other 
alternatives that meet the objectives of these actions at a lower cost 
and reduce economic impact on small entities. The no action alternative 
for Action 1 would have maintained the existing process of tender 
vessel operators completing paper fish tickets for each delivery and 
giving the information to the processor to transcribe and upload into 
eLandings. Maintaining the manual writing and submission of tender 
delivery data would not have met the objective of providing timely and 
accurate landing data.
    To help reduce the burden of this regulation on small entities and 
minimize their costs, NMFS will develop the tLandings tender 
workstation application and provide that at no cost to participants to 
provide services and products useful to the industry. NMFS will also 
provide user support and training. Additionally, NMFS will share some 
of the training costs for processors to learn how to use tLandings.
    The action alternatives for Actions 2, 3, and 4 have been 
determined to have either a small positive effect or no effect on 
participants, and therefore are not discussed further.

Collection-of-Information Requirements

    This rule contains collection-of-information requirements subject 
to the Paperwork Reduction Act (PRA) and which have been approved by 
the Office of Management and Budget (OMB) under OMB Control Number 
0648-0515. Public reporting burden is estimated to average per 
response: 15 minutes for IERS application processor registration; 35 
minutes for eLandings landing report; 35 minutes for manual landing 
report; 15 minutes for catcher/processor or mothership eLandings 
production report; and 35 minutes for tLandings landing report.
    Send comments regarding these burden estimates or any other aspect 
of this data collection, including suggestions for reducing the burden, 
to NMFS (see ADDRESSES), and by email to OIRA_Submission@omb.eop.gov, 
or fax to 202-395-5806.
    Notwithstanding any other provision of the law, no person is 
required to respond to, nor shall any person be subject to a penalty 
for failure to comply with, a collection of information subject to the 
requirements of the PRA, unless that collection of information displays 
a currently valid OMB control number. All currently approved NOAA 
collections of information may be viewed at: http://www.cio.noaa.gov/services_programs/prasubs.html.

List of Subjects

15 CFR Part 902

    Reporting and recordkeeping requirements.

50 CFR Part 679

    Alaska, Fisheries, Reporting and recordkeeping requirements.

    Dated: October 3, 2016.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.

    For the reasons set out in the preamble, NMFS amends 15 CFR part 
902 and 50 CFR part 679 as follows:

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.


Sec.  902.1   [Amended]

0
2. In Sec.  902.1, in the table in paragraph (b), under the entry ``50 
CFR'' remove the entry for ``679.5(d).''

[[Page 70605]]

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

0
3. The authority citation for 50 CFR part 679 continues to read as 
follows:

    Authority:  16 U.S.C. 773 et seq.; 1801 et seq.; 3631 et seq.; 
Pub. L. 108-447; Pub. L. 111-281.


0
4. In Sec.  679.2, revise the definitions for ``Buying station'', 
``Manager'', ``Mothership'', ``Tender vessel'', and ``User'' to read as 
follows:


Sec.  679.2  Definitions.

* * * * *
    Buying station means a land-based entity that receives unprocessed 
groundfish from a vessel for delivery to a shoreside processor and that 
does not process those fish.
* * * * *
    Manager, with respect to any shoreside processor, stationary 
floating processor, or buying station, means the individual responsible 
for the operation of the processor or buying station.
* * * * *
    Mothership means a vessel that receives and processes groundfish 
from other vessels.
* * * * *
    Tender vessel means a vessel that is used to transport unprocessed 
fish or shellfish received from another vessel to an associated 
processor.
* * * * *
    User means, for purposes of IERS and its components including 
eLandings and tLandings, an individual representative of a Registered 
Buyer; a Registered Crab Receiver; a mothership or catcher/processor 
that is required to have a Federal Fisheries Permit (FFP) under Sec.  
679.4; a shoreside processor or SFP and mothership that receives 
groundfish from vessels issued an FFP under Sec.  679.4; any shoreside 
processor or SFP that is required to have a Federal processor permit 
under Sec.  679.4; and his or her designee(s).
* * * * *

0
5. In Sec.  679.5:
0
a. Revise paragraphs (a)(2)(i), (b), and (c)(6)(i);
0
b. Remove paragraph (c)(6)(viii)(E);
0
c. Remove and reserve paragraph (d);
0
d. Revise paragraphs (e)(3)(i), (e)(5)(i)(A)(7), and (e)(5)(iii); and
0
e. Add paragraph (e)(14).
    The revisions and addition read as follows:


Sec.  679.5  Recordkeeping and reporting (R&R).

* * * * *
    (a) * * *
    (2) * * *
    (i) The operator of a catcher vessel, catcher/processor, 
mothership, or tender vessel (hereafter referred to as the operator) 
and the manager of a shoreside processor, SFP, or buying station 
(hereafter referred to as the manager) are each responsible for 
complying with the applicable R&R requirements in this section and in 
Sec.  679.28.
* * * * *
    (b) Representative. The operator of a catcher vessel, mothership, 
catcher/processor, or tender vessel or manager of a shoreside 
processor, SFP, or buying station may identify one contact person to 
complete the logbook and forms and to respond to inquiries from NMFS. 
Designation of a representative under this paragraph (b) does not 
relieve the owner, operator, or manager of responsibility for 
compliance under paragraphs (a)(1) through (6) of this section.
    (c) * * *
    (6) * * *
    (i) Responsibility. Except as described in paragraph (f)(1)(v) of 
this section, the operator of a mothership that is required to have an 
FFP under Sec.  679.4(b), or the manager of a CQE floating processor 
that receives or processes any groundfish from the GOA or BSAI from 
vessels issued an FFP under Sec.  679.4(b), is required to use a 
combination of mothership DCPL and eLandings to record and report daily 
processor identification information, delivery information, groundfish 
production data, and groundfish and prohibited species discard or 
disposition data. The operator or manager must enter into the DCPL any 
information for groundfish received from catcher vessels, groundfish 
received from processors for reprocessing or rehandling, and groundfish 
received from an associated tender vessel.
* * * * *
    (e) * * *
    (3) * * *
    (i) Operation type. Select the operation type from the dropdown 
list.
* * * * *
    (5) * * *
    (i) * * *
    (A) * * *
    (7) If the delivery is received from a buying station, indicate the 
name of the buying station. If the delivery is received from a tender 
vessel, enter the ADF&G vessel registration number.
* * * * *
    (iii) Compliance. By using eLandings, the User for the shoreside 
processor or SFP and the operator for the catcher vessel or tender 
vessel or manager of the buying station providing information to the 
User for the shoreside processor or SFP accept the responsibility of 
and acknowledge compliance with Sec.  679.7(a)(10).
* * * * *
    (14) Tender vessel landing report (``tLandings''). (i) tLandings. 
tLandings is an applications software for preparing electronic landing 
reports for commercial fishery landings to tender vessels.
    (ii) Tender vessel operator responsibility. The operator of a 
tender vessel taking delivery of groundfish that is required to be 
reported to NMFS on a landing report under paragraph (e)(5) of this 
section must use tLandings to enter information about each landing of 
groundfish and must provide that information to the User defined under 
Sec.  679.2.
    (iii) User responsibility. The User must configure and provide the 
tender vessel operator with the most recent version of the tLandings 
tender workstation application prior to the tender vessel taking 
delivery of groundfish.
    (iv) Information entered for each groundfish delivery. The tender 
vessel operator must log into the configured tLandings tender 
workstation application and provide the information required on the 
computer screen. Additional instructions for tLandings is on the Alaska 
Region Web site at http://alaskafisheries.noaa.gov.
    (v) Submittal time limit. (A) The tender vessel operator must 
provide the landing information in tLandings to the User at the 
commencement of the transfer or offload of groundfish from the tender 
vessel to the processor.
    (B) The User must upload the data recorded in tLandings by the 
tender vessel to prepare the initial landing report for a catcher 
vessel delivering to a tender vessel that is required under paragraph 
(e)(5) of this section within the submittal time limit specified under 
paragraph (e)(5).
    (vi) Compliance. By using tLandings, the User and the tender vessel 
operator providing information to the User accept the responsibility of 
and acknowledge compliance with Sec.  679.7(a)(10).
* * * * *

0
6. In Sec.  679.7, revise paragraph (a)(11) to read as follows:


Sec.  679.7  Prohibitions.

* * * * *
    (a) * * *
    (11) Buying station or tender vessel--(i) Tender vessel. Use a 
catcher vessel or catcher/processor as a tender vessel before 
offloading all groundfish or groundfish product harvested or processed 
by that vessel.

[[Page 70606]]

    (ii) Associated processor. Function as a tender vessel or buying 
station without an associated processor.
* * * * *

0
7. Revise table 13 to part 679 to read as follows:

                                                       Table 13 to Part 679--Transfer Form Summary
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                  And has . . .                                                                                 Dockside
 If participant type is . . .      Fish product     And is involved      VAR \1\       PTR \2\      Transship     Departure       sales        Landing
                                     onboard        in this activity                                   \3\       report \4\    receipt \5\   receipt \6\
--------------------------------------------------------------------------------------------------------------------------------------------------------
Catcher vessel greater than 60  Only non-IFQ       Vessel leaving or            X
 ft LOA, mothership, or          groundfish.        entering Alaska.
 catcher/processor.
Catcher vessel greater than 60  Only IFQ           Vessel leaving     ............  ............  ............            X
 ft LOA, mothership, or          sablefish, IFQ     Alaska.
 catcher/processor.              halibut, CDQ
                                 halibut, or CR
                                 crab.
Catcher vessel greater than 60  Combination of     Vessel leaving               X   ............  ............            X
 ft LOA, mothership, or          IFQ sablefish,     Alaska.
 catcher/processor.              IFQ halibut, CDQ
                                 halibut, or CR
                                 crab and non-IFQ
                                 groundfish.
Mothership, catcher/processor,  Non-IFQ            Shipment of        ............            X
 shoreside processor, or SFP.    groundfish.        groundfish
                                                    product.
Mothership, catcher/processor,  Donated PSC......  Shipment of        ............            X
 shoreside processor, or SFP.                       donated PSC.
Registered Buyer..............  IFQ sablefish,     Transfer of        ............            X
                                 IFQ halibut, or    product.
                                 CDQ halibut.
A person holding a valid IFQ    IFQ sablefish,     Transfer of        ............  ............  ............  ............          XXX
 permit, IFQ hired master        IFQ halibut, or    product.
 permit, or Registered Buyer     CDQ halibut.
 permit.
Registered Buyer..............  IFQ sablefish,     Transfer from      ............  ............  ............  ............  ............           XX
                                 IFQ halibut, or    landing site to
                                 CDQ halibut.       Registered
                                                    Buyer's
                                                    processing
                                                    facility.
Vessel operator...............  Processed IFQ      Transshipment      ............  ............         XXXX
                                 sablefish, IFQ     between vessels.
                                 halibut, CDQ
                                 halibut, or CR
                                 crab.
Registered Crab Receiver......  CR crab..........  Transfer of        ............            X
                                                    product.
Registered Crab Receiver......  CR crab..........  Transfer from      ............  ............  ............  ............  ............           XX
                                                    landing site to
                                                    RCR's processing
                                                    facility.
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ A vessel activity report (VAR) is described at Sec.   679.5(k).
\2\ A product transfer report (PTR) is described at Sec.   679.5(g).
\3\ An IFQ transshipment authorization is described at Sec.   679.5(l)(3).
\4\ An IFQ departure report is described at Sec.   679.5(l)(4).
\5\ An IFQ dockside sales receipt is described at Sec.   679.5(g)(2)(iv).
\6\ A landing receipt is described at Sec.   679.5(e)(8)(vii).
X indicates under what circumstances each report is submitted.
XX indicates that the document must accompany the transfer of IFQ species from landing site to processor.
XXX indicates receipt must be issued to each receiver in a dockside sale.
XXXX indicates authorization must be obtained 24 hours in advance.


[[Page 70607]]

Sec. Sec.  679.2, 679.5, 679.7, and 679.51 and Table 1b to Part 
679  [Amended]

0
8. At each of the locations shown in the ``Location'' column, remove 
the phrase indicated in the ``Remove'' column and replace it with the 
phrase indicated in the ``Add'' column for the number of times 
indicated in the ``Frequency'' column.

----------------------------------------------------------------------------------------------------------------
                 Location                             Remove                        Add               Frequency
----------------------------------------------------------------------------------------------------------------
Sec.   679.2 ``Agent'' (1)...............  buying station.............  buying station, tender                 1
                                                                         vessel.
Sec.   679.2 ``Agent'' (2)...............  buying station.............  buying station or tender               1
                                                                         vessel.
Sec.   679.2 ``Associated processor''....  buying station.............  buying station or tender               3
                                                                         vessel.
Sec.   679.2 ``Shoreside processor''.....  buying stations............  buying stations, tender                1
                                                                         vessels.
Sec.   679.5(a)(2)(ii)...................  or buying station..........  buying station, or tender              1
                                                                         vessel.
Sec.   679.5(a)(3)(ii)...................  catcher vessels and buying   catcher vessels, buying                1
                                            stations.                    stations, and tender
                                                                         vessels.
Sec.   679.5(a)(3)(iii)..................  catcher vessel or buying     catcher vessel, buying                 1
                                            station.                     station, or tender vessel.
Sec.   679.5(c)(1)(vi)(B)(4).............  or buying station..........  buying station, or tender              1
                                                                         vessel.
Sec.   679.5(c)(3)(ii)(A)(3).............  or buying station..........  buying station, or tender              1
                                                                         vessel.
Sec.   679.5(c)(3)(viii).................  buying station.............  buying station, tender                 1
                                                                         vessel.
Sec.   679.5(c)(3)(x)....................  buying station.............  buying station, tender                 1
                                                                         vessel.
Sec.   679.5(c)(4)(ii)(A)(3).............  or buying station..........  buying station, or tender              1
                                                                         vessel.
Sec.   679.5(c)(4)(viii).................  buying station.............  buying station, tender                 1
                                                                         vessel.
Sec.   679.5(c)(4)(x)....................  buying station.............  buying station, tender                 1
                                                                         vessel.
Sec.   679.5(c)(6)(ii)(A)................  buying station.............  tender vessel..............            1
Sec.   679.5(c)(6)(vi) introductory text.  buying station.............  tender vessel..............            1
Sec.   679.5(c)(6)(vi)(A)................  BS.........................  TV.........................            1
Sec.   679.5(c)(6)(vi)(A)................  buying station.............  tender vessel..............            1
Sec.   679.5(c)(6)(vi)(B)................  buying station.............  tender vessel..............            1
Sec.   679.5(c)(6)(vi)(C)................  buying station.............  tender vessel..............            1
Sec.   679.5(c)(6)(vi)(F)................  buying station.............  tender vessel..............            1
Sec.   679.5(c)(6)(vi)(H)................  buying station.............  tender vessel..............            2
Sec.   679.5(c)(6)(vii)..................  buying station.............  tender vessel..............            1
Sec.   679.5(c)(6)(viii)(A)..............  buying station.............  tender vessel..............            1
Sec.   679.5(e)(3)(viii).................  buying station.............  buying station, tender                 1
                                                                         vessel,.
Sec.   679.5(e)(5)(i) introductory text..  buying station.............  buying station or tender               1
                                                                         vessel.
Sec.   679.5(e)(5)(i)(A)(6)..............  buying station.............  buying station or tender               1
                                                                         vessel.
Sec.   679.5(e)(5)(i)(C)(1)..............  buying station.............  buying station or tender               1
                                                                         vessel.
Sec.   679.5(e)(6)(i) introductory text..  buying station.............  tender vessel..............            1
Sec.   679.5(e)(6)(i)(B)(1)..............  buying station.............  tender vessel..............            1
Sec.   679.5(e)(6)(iii)..................  buying station.............  tender vessel..............            1
Sec.   679.5(f)(1)(v)....................  buying station.............  tender vessel..............            1
Sec.   679.5(f)(5)(ii)...................  buying station.............  buyer station or tender                1
                                                                         vessel.
Sec.   679.5(p)(1).......................  buying station.............  tender vessel..............            1
Sec.   679.7(d)(4)(i)(C).................  buying station.............  buying station or tender               1
                                                                         vessel.
Sec.   679.51(e)(3)......................  or buying station..........  buying station, or tender              1
                                                                         vessel.
Table 1b to Part 679.....................  and buying stations........  buying stations, and tender            1
                                                                         vessels.
----------------------------------------------------------------------------------------------------------------

[FR Doc. 2016-24457 Filed 10-12-16; 8:45 am]
BILLING CODE 3510-22-P