Requirements of the Vessel Monitoring System Type-Approval, 57419-57422 [2017-26197]
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57419
Federal Register / Vol. 82, No. 232 / Tuesday, December 5, 2017 / Proposed Rules
provides relevant documentation
verifying the permanent closure of these
sources (see Table 2). EPA has
confirmed that all permits, where
applicable, have been surrendered and
are inactive (see Table 2). Because these
According to West Virginia, the five
facilities listed in Table 1 have
permanently shutdown and ceased
operation. West Virginia’s August 25,
2017 submittal lists the dates of facility
closures and closure inspections, and
five sources have permanently ceased
operation and their emissions have been
permanently reduced to zero, their
source-specific SIP requirements have
been rendered obsolete.
TABLE 2—CLOSURE DATES AND CLOSURE INSPECTION DATES FOR FIVE PERMANENTLY SHUTDOWN FACILITIES
Source name
Source location
Title V facility
Mountaineer Carbon Company ...
Standard Lafarge .........................
Follansbee Steel Corporation ......
International Mill Service, Inc ......
Columbian Chemicals Company
Marshall County ...........................
Hancock County ..........................
Brooke County .............................
Brooke County .............................
Marshall County ...........................
Yes
No
No
No
Yes
Permanent
closure date
Verification of
closure
inspection
conducted by
West Virginia
10/9/2015
7/20/2011
7/12/2012
6/27/2000
10/9/2015
6/2/2017
6/2/2017
5/31/2017
5/31/2017
6/2/2017
Permit surrendered
Yes.
Yes.
Not applicable.1
Not applicable.2
Yes.
1 Follansbee Steel Corporation was grandfathered into the West Virginia Department of Environmental Protection—Division of Air Quality’s
(WVDEP—DAQ) permitting program. Therefore, no permits were ever issued for this facility.
2 International Mill Service, Inc. was grandfathered into the WVDEP—DAQ permitting program. Therefore, no permits were ever issued for this
facility.
III. Proposed Action
EPA has reviewed West Virginia’s SIP
revision seeking removal of obsolete
source-specific SIP requirements from
the West Virginia SIP. These five
sources have permanently ceased
operation, rendering source-specific SIP
requirements for these sources obsolete.
EPA has confirmed that all permits have
been surrendered and are inactive.
Therefore, EPA is proposing to approve
the West Virginia August 25, 2017 SIP
revision, which sought removal of
source-specific revisions related to five
now closed facilities in accordance with
section 110 of the CAA. EPA is
soliciting public comments on the
issues discussed in this document.
These comments will be considered
before taking final action.
sradovich on DSK3GMQ082PROD with PROPOSALS
IV. Statutory and Executive Order
Reviews
Under the CAA, the Administrator is
required to approve a SIP submission
that complies with the provisions of the
CAA and applicable federal regulations.
42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions,
EPA’s role is to approve state choices,
provided that they meet the criteria of
the CAA. Accordingly, this action
merely approves state law as meeting
federal requirements and does not
impose additional requirements beyond
those imposed by state law. For that
reason, this proposed action:
• Is not a ‘‘significant regulatory
action’’ subject to review by the Office
of Management and Budget under
Executive Orders 12866 (58 FR 51735,
October 4, 1993) and 13563 (76 FR 3821,
January 21, 2011);
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19:11 Dec 04, 2017
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• Is not an Executive Order 13771 (82
FR 9339, February 2, 2017) regulatory
action because SIP approvals are
exempted under Executive Order 12866;
• Does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• Does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
• Does not have federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• Is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• Is not subject to requirements of
section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the CAA; and
• Does not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
In addition, this proposed rule,
pertaining to removal of source-specific
requirements from the West Virginia
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SIP, does not have tribal implications as
specified by Executive Order 13175 (65
FR 67249, November 9, 2000), because
the SIP is not approved to apply in
Indian country located in the state, and
EPA notes that it will not impose
substantial direct costs on tribal
governments or preempt tribal law.
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Carbon monoxide,
Incorporation by reference, Lead,
Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile
organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: November 22, 2017.
Cosmo Servidio,
Regional Administrator, Region III.
[FR Doc. 2017–26183 Filed 12–4–17; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 600
[Docket No. 160908833–7999–01]
RIN 0648–BG34
Requirements of the Vessel Monitoring
System Type-Approval
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Proposed rule; request for
comments.
AGENCY:
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Federal Register / Vol. 82, No. 232 / Tuesday, December 5, 2017 / Proposed Rules
All owners of vessels
participating in a NOAA Vessel
Monitoring System (VMS) program are
required to acquire a NMFS-approved
Enhanced Mobile Transmitting Unit
(EMTU) or Mobile Transmitting Unit
(MTU) to comply with the Vessel
Monitoring System requirements. This
proposed action would amend the
existing VMS Type-Approval
regulations by removing the
requirement for VMS vendors to
periodically renew their EMTU/MTU
type-approvals. This renewal process
has proved to be unnecessary, has cost
fishermen and approved VMS vendors
additional time and expense, and has
imposed unnecessary costs on the
government. Removing the typeapproval renewal requirement will
spare fishermen, VMS vendors and the
government the time and expense
associated with the renewal process.
DATES: Comments must be received
January 4, 2018.
ADDRESSES: You may submit comments
on this proposed rule identified by
‘‘NOAA–HQ–2017–0141’’ by any of the
following methods:
• Electronic Submission: Submit all
electronic public comments via the
Federal e-Rulemaking Portal. Go to
https://www.regulations.gov/
#!docketDetail;D=NOAA-HQ-2017-0141,
click the ‘‘Comment Now!’’ icon,
complete the required fields, and enter
or attach your comments.
• Mail: Send written comments to
Kelly Spalding, 1315 East West
Highway, Room 3207, Silver Spring, MD
20910.
Instructions: Comments sent by any
other method, to any other address or
individual, or received after the end of
the comment period, may not be
considered by NMFS. All comments
received are a part of the public record
and will generally be posted for public
viewing on www.regulations.gov
without change. All personal identifying
information (e.g. name, address, etc.),
confidential business information, or
otherwise sensitive information
submitted voluntarily by the sender will
be publicly accessible. NMFS will
accept anonymous comments (enter
‘‘N/A’’ in the required fields if you wish
to remain anonymous).
FOR FURTHER INFORMATION CONTACT:
Kelly Spalding, Vessel Monitoring
System Program Manager, Headquarters:
301–427–8269 or Kelly.spalding@
noaa.gov.
SUPPLEMENTARY INFORMATION:
sradovich on DSK3GMQ082PROD with PROPOSALS
SUMMARY:
Background
In December 2014, NMFS published a
final rule to codify national VMS type-
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approval standards for the approval by
NMFS of an EMTU/MTU, any
associated software, and mobile
communications service (MCS;
collectively referred to as a VMS) before
they are authorized for use in the NMFS
VMS program. See 79 FR 77399
(December 24, 2014). Those standards
are set out in 50 CFR part 600, subpart
Q, Vessel Monitoring System TypeApproval.
Fishers must comply with applicable
Federal fishery VMS regulations, and in
doing so, may select from a variety of
EMTU/MTU vendors that have been
approved by NMFS to participate in the
VMS program for specific fisheries. The
NOAA Office of Law Enforcement (OLE)
maintains the list of type-approved VMS
units at https://www.nmfs.noaa.gov/ole/
about/our_programs/vessel_
monitoring.html. The EMTU/MTU
allows OLE to determine the geographic
position of the vessel at specified
intervals or during specific events, via
mobile communications services
between NMFS OLE and the vessel
using a NMFS-approved MCS provider.
These communications are secure and
the information is only made available
to authorized personnel.
This proposed action would remove
the two sections of 50 CFR part 600,
subpart Q, that require VMS typeapproval holders (VMS vendors) to
periodically renew their type-approvals.
Currently, § 600.1512 of the VMS type
approval regulations provides that typeapprovals are valid for three years from
the date on which NMFS publishes a
notice in the Federal Register of the
approval. Prior to the expiration of the
three-year type-approval period, the
VMS vendor must apply for a typeapproval renewal pursuant to
§ 600.1513. In the nearly three years
since the type-approval regulations were
issued, NMFS has found that the
renewal process is unnecessary, has cost
fishermen and approved VMS vendors
additional time and expense, and has
imposed unnecessary cost on the
government. Removing the typeapproval renewal requirement will
spare fishermen, VMS vendors and the
government the time and expense
associated with the renewal process
without impairing the effectiveness of
the VMS program.
Section 600.1513 of Subpart Q sets
out the type-approval renewal process.
A VMS vendor seeking renewal of a
VMS type-approval must submit a
written renewal request and supporting
materials to NOAA OLE at least 30 days,
but not more than six months, prior to
the end of the three-year type approval
period. To do so, the type-approval
holder must submit a written request
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letter containing the following
information and documentation.
The type-approval holder must certify
that the features, components,
configuration and services of their typeapproved EMTU/MTU and/or MCS
remain in compliance with the
standards set out in 50 CFR 600.1502
through 600.1509 (or for an MTU,
requirements applicable when the MTU
was originally type-approved) and with
applicable VMS regulations and
requirements in effect for the region(s)
and Federal fisheries for which they are
type-approved. The type-approval
holder must also certify that, since the
holder’s type-approval or last renewal
(whichever was later), there have been
no modifications to or replacements of
any functional component or piece of
their type-approved configuration. The
renewal request letter must also include
a table that lists in one column each
requirement set out in §§ 600.1502–
600.1509. The subsequent columns
must show for each requirement:
(1) Whether the requirement applies
to their type-approval;
(2) Whether the requirement is still
being met;
(3) Whether any modifications or
replacements were made to the typeapproved configuration or process since
type-approval or the last renewal;
(4) An explanation of any
modifications or replacements that were
made since type-approval or the last
renewal; and
(5) The date that any modifications or
replacements were made.
If the type-approval renewal is for an
MCS or EMTU/MTU and MCS
combined, the renewal request letter
must also include vessel position report
statistics regarding the processing and
transmission of position reports from
the onboard EMTUs and MTUs to the
MCS or MCSP’s VMS data processing
center. At a minimum, the statistics
must include successful position report
transmission and delivery rates, the rate
of position report latencies, and the
minimum/maximum/average lengths of
time for those latencies. The showing
must be demonstrated in graph form, be
divided out by each NMFS region and
any relevant international agreement
area and relevant high seas area, and
cover 6 full and consecutive months of
data for all of the type-approval holder’s
U.S. federal fishery customers.
Currently, NMFS reviews all
documentation, analyses and data, and
addresses any omissions,
inconsistencies and failures. Within 30
days of receipt of a complete renewal
request letter, NMFS notifies the typeapproval holder of the approval or
partial approval of the renewal request
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or send a letter to the type-approval
holder that explains the reasons for
denial or partial denial of the request.
These type-approval renewal
provisions were designed to provide for
an in-depth look at the type-approval
holder’s overall record of compliance
with type-approval requirements.
However, NMFS’ experience with the
renewal process has shown that it is
cumbersome for both type-approval
holders and NMFS OLE. In some cases,
type-approval holders have opted to
apply for type-approval of newer VMS
units rather than seek renewal of their
older VMS units. When a type-approval
lapses due to non-renewal, fishermen
are required to replace their VMS units
that are no longer type approved,
despite the fact that the unit may still
be functional and compliant with all
current VMS standards. Doing so
imposes unnecessary cost on fishermen
who must purchase a new VMS unit
and may lead to lost fishing
opportunities while the VMS unit is
being replaced.
In addition to being costly and
burdensome for type-approval holders,
fishermen and NMFS, the renewal
process is not necessary because
§ 600.1514 sets out an EMTU typeapproval revocation process. In the
event that a type-approved EMTU
model fails to meet the VMS EMTU
specifications, NMFS can remove it
from the VMS program through this
revocation process. The revocation
process provides OLE with a timely way
to remove an underperforming EMTU/
MTU, if necessary. The VMS Program
works with the fishermen and VMS
industry on a daily basis and is
continuously monitoring issues,
concerns and anomalies that arise with
any EMTU’s performance. When an
EMTU has performance issues, or
anomalies that cannot be resolved
informally, NMFS can initiate the typeapproval revocation process as provided
in § 600.1514. The type-approval period
and renewal process at § 600.1512 and
§ 600.1513 are therefore unnecessary in
addition to being burdensome and
costly. With the proposed removal of
the three-year period for type-approval
and the renewal requirement, typeapproval would remain valid
indefinitely unless NMFS initiates the
revocation process pursuant to
§ 600.1514, or the type-approval holder
chooses or agrees to forfeit their typeapproval.
Classification
The NMFS Assistant Administrator
has determined that this proposed rule
is consistent with the provisions of the
Magnuson-Stevens Act, and other
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18:01 Dec 04, 2017
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applicable law, subject to further
consideration after public comment.
This proposed rule has been
determined to be not significant for
purposes of Executive Order 12866.
This proposed rule is expected to be
an Executive Order 13771 deregulatory
action. Details on the estimated cost
savings of this proposed rule can be
found in the accompanying Regulatory
Impact Review available from October
2016.
The Chief Counsel for Regulation of
the Department of Commerce certified
to the Chief Counsel for Advocacy of the
Small Business Administration (SBA)
that this proposed rule, if adopted,
would not have a significant economic
impact on a substantial number of small
entities. The basis for that determination
was summarized in the letter to SBA as
follows:
The proposed rule would remove the
two sections of Subpart Q that require
VMS type-approval holders to
periodically renew their type-approvals.
Section 600.1512 of the VMS typeapproval regulations provides that typeapprovals are valid for three years, after
which time, the VMS vendor must
apply for a type-approval renewal
pursuant to section 600.1513.
The objective of the proposed action
is to eliminate the unnecessary time and
cost to the fishermen, VMS vendors, and
the government associated with VMS
type-approval renewal process. The
type-approval renewal provisions were
designed to provide for an in-depth look
at the type-approval holder’s overall
record of compliance with typeapproval requirements. However,
NMFS’ experience with the renewal
process has shown that it is
cumbersome for both type-approval
holders and NMFS OLE. The typeapproval holder must certify that the
features, components, configuration and
services of their type-approved EMTU
and/or MCS remain in compliance with
the standards set out in 50 CFR
600.1502 through 600.1509 and with
applicable VMS regulations and
requirements in effect for the region(s)
and Federal fisheries for which they are
type-approved. The type-approval
holder must also certify that, since the
holder’s type-approval or last renewal
(whichever was later), there have been
no modifications to or replacements of
any functional component or piece of
their type-approved configuration. The
renewal request letter must also include
a table that lists each requirement set
out in §§ 600.1502–600.1509 and
whether those requirements are still
being met. Within 30 days of receipt of
a complete renewal request letter,
NMFS must review the renewal request
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57421
and notify the type-approval holder of
the approval or partial approval of the
renewal request or send a letter to the
type-approval holder that explains the
reasons for denial or partial denial of
the request.
The process is not only cumbersome,
but also unnecessary because NMFS
OLE works with fishermen and the VMS
industry on a daily basis and is
continuously monitoring issues and
anomalies that may arise with the
performance and reliability of typeapproved VMS units. In the event that
NMFS cannot correct the issues through
informal discussion with the typeapproval holder, section 600.1514 of
Subpart Q sets out a VMS type-approval
revocation process, which NMFS can
initiate to remove a VMS unit from the
VMS type-approved list.
The renewal process can also
indirectly impose costs on fishers. In
some cases, type-approval holders have
opted to apply for type-approval of
newer VMS units rather than seek
renewal of their older VMS units. When
a type-approval lapses due to nonrenewal, fishermen are required to
replace their VMS units that are no
longer type approved, despite the fact
that the unit may still be functional and
compliant with all current VMS
standards. Doing so imposes
unnecessary cost on fishermen who
must purchase a new VMS unit and may
lead to lost fishing opportunities while
the VMS unit is being replaced.
The economic effects of this proposed
rule would not result in any significant
adverse economic impacts on the six
existing VMS vendors, and would
actually reduce the business costs
currently associated with the typeapproval renewal process every three
years. NMFS estimates that this renewal
process involves up to 16 hours of
engineering labor and 8 hours of
product management labor to compile
the compliance report for renewal along
with any supporting materials. Based on
the Bureau of Labor Statistics May 2016
National Occupational Employment and
Wage Estimates, the mean hourly wage
for engineers is approximately $46 per
hour and for general and operations
managers it is approximately $59 per
hour. Based on those labor rate
estimates, NMFS estimates eliminating
the renewal process will result in
reduced costs of up to $1,208 per typeapproval that would have occurred
every three years under the current
regulations.
Overall, there would not be a
significant economic impact to VMS
type-approval holders as a result of this
rule. The removal of the type-approval
renewal requirement would reduce
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sradovich on DSK3GMQ082PROD with PROPOSALS
costs to type-approval holders,
fishermen and NMFS associated with
the renewal process. The change in the
regulations are not expected to place
small entities at a significant
competitive disadvantage to large
entities and removing the type-approval
renewal process may in fact help
smaller vendors more given their more
limited resources for dealing with the
administrative and technical costs
associated with the current typeapproval renewal process.
Thus, NMFS certifies that this
proposed rule to remove the typeapproval period and renewal process
will not have a significant economic
impact on a substantial number of small
entities. As a result, an initial regulatory
flexibility analysis is not required and
none has been prepared.
NMFS requests public comment on
this decision, the associated analysis
and all other aspects of this proposed
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18:01 Dec 04, 2017
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rule. Send comments to NMFS
Headquarters at the ADDRESSES above.
List of Subjects in 50 CFR Part 600
Administrative practice and
procedure, Fisheries, Fishing, Reporting
and recordkeeping requirements.
Dated: November 30, 2017.
Alan D. Risenhoover,
Acting Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
For the reasons set out in the
preamble, 50 CFR part 600 is proposed
to be amended as follows:
PART 600—MAGNUSON-STEVENS
ACT PROVISIONS
1. The authority citation for part 600
continues to read as follows:
■
Authority: 5 U.S.C. 561 and 16 U.S.C.
1801 et seq.
2. In § 600.1510, revise paragraph (a)
to read as follows:
■
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§ 600.1510
Notification of type-approval.
(a) If a request made pursuant to
§ 600.1501 (type-approval) is approved
or partially approved, NMFS will issue
a type approval letter and publish a
notice in the Federal Register to
indicate the specific EMTU model,
MCSP or bundle that is approved for
use, the MCS or class of MCSs permitted
for use with the type-approved EMTU,
and the regions or fisheries in which the
EMTU, MCSP, or bundle is approved for
use.
*
*
*
*
*
§ § 600.1512–600.1518
[Amended]
3. Remove §§ 600.1512 and 600.1513
and redesignate §§ 600.1514 through
600.1518 as §§ 600.1512 through
600.1516, respectively.
■
[FR Doc. 2017–26197 Filed 12–4–17; 8:45 am]
BILLING CODE 3510–22–P
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Agencies
[Federal Register Volume 82, Number 232 (Tuesday, December 5, 2017)]
[Proposed Rules]
[Pages 57419-57422]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-26197]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 600
[Docket No. 160908833-7999-01]
RIN 0648-BG34
Requirements of the Vessel Monitoring System Type-Approval
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Proposed rule; request for comments.
-----------------------------------------------------------------------
[[Page 57420]]
SUMMARY: All owners of vessels participating in a NOAA Vessel
Monitoring System (VMS) program are required to acquire a NMFS-approved
Enhanced Mobile Transmitting Unit (EMTU) or Mobile Transmitting Unit
(MTU) to comply with the Vessel Monitoring System requirements. This
proposed action would amend the existing VMS Type-Approval regulations
by removing the requirement for VMS vendors to periodically renew their
EMTU/MTU type-approvals. This renewal process has proved to be
unnecessary, has cost fishermen and approved VMS vendors additional
time and expense, and has imposed unnecessary costs on the government.
Removing the type-approval renewal requirement will spare fishermen,
VMS vendors and the government the time and expense associated with the
renewal process.
DATES: Comments must be received January 4, 2018.
ADDRESSES: You may submit comments on this proposed rule identified by
``NOAA-HQ-2017-0141'' by any of the following methods:
Electronic Submission: Submit all electronic public
comments via the Federal e-Rulemaking Portal. Go to https://www.regulations.gov/#!docketDetail;D=NOAA-HQ-2017-0141, click the
``Comment Now!'' icon, complete the required fields, and enter or
attach your comments.
Mail: Send written comments to Kelly Spalding, 1315 East
West Highway, Room 3207, Silver Spring, MD 20910.
Instructions: Comments sent by any other method, to any other
address or individual, or received after the end of the comment period,
may not be considered by NMFS. All comments received are a part of the
public record and will generally be posted for public viewing on
www.regulations.gov without change. All personal identifying
information (e.g. name, address, etc.), confidential business
information, or otherwise sensitive information submitted voluntarily
by the sender will be publicly accessible. NMFS will accept anonymous
comments (enter ``N/A'' in the required fields if you wish to remain
anonymous).
FOR FURTHER INFORMATION CONTACT: Kelly Spalding, Vessel Monitoring
System Program Manager, Headquarters: 301-427-8269 or
Kelly.spalding@noaa.gov.
SUPPLEMENTARY INFORMATION:
Background
In December 2014, NMFS published a final rule to codify national
VMS type-approval standards for the approval by NMFS of an EMTU/MTU,
any associated software, and mobile communications service (MCS;
collectively referred to as a VMS) before they are authorized for use
in the NMFS VMS program. See 79 FR 77399 (December 24, 2014). Those
standards are set out in 50 CFR part 600, subpart Q, Vessel Monitoring
System Type-Approval.
Fishers must comply with applicable Federal fishery VMS
regulations, and in doing so, may select from a variety of EMTU/MTU
vendors that have been approved by NMFS to participate in the VMS
program for specific fisheries. The NOAA Office of Law Enforcement
(OLE) maintains the list of type-approved VMS units at https://www.nmfs.noaa.gov/ole/about/our_programs/vessel_monitoring.html. The
EMTU/MTU allows OLE to determine the geographic position of the vessel
at specified intervals or during specific events, via mobile
communications services between NMFS OLE and the vessel using a NMFS-
approved MCS provider. These communications are secure and the
information is only made available to authorized personnel.
This proposed action would remove the two sections of 50 CFR part
600, subpart Q, that require VMS type-approval holders (VMS vendors) to
periodically renew their type-approvals. Currently, Sec. 600.1512 of
the VMS type approval regulations provides that type-approvals are
valid for three years from the date on which NMFS publishes a notice in
the Federal Register of the approval. Prior to the expiration of the
three-year type-approval period, the VMS vendor must apply for a type-
approval renewal pursuant to Sec. 600.1513. In the nearly three years
since the type-approval regulations were issued, NMFS has found that
the renewal process is unnecessary, has cost fishermen and approved VMS
vendors additional time and expense, and has imposed unnecessary cost
on the government. Removing the type-approval renewal requirement will
spare fishermen, VMS vendors and the government the time and expense
associated with the renewal process without impairing the effectiveness
of the VMS program.
Section 600.1513 of Subpart Q sets out the type-approval renewal
process. A VMS vendor seeking renewal of a VMS type-approval must
submit a written renewal request and supporting materials to NOAA OLE
at least 30 days, but not more than six months, prior to the end of the
three-year type approval period. To do so, the type-approval holder
must submit a written request letter containing the following
information and documentation.
The type-approval holder must certify that the features,
components, configuration and services of their type-approved EMTU/MTU
and/or MCS remain in compliance with the standards set out in 50 CFR
600.1502 through 600.1509 (or for an MTU, requirements applicable when
the MTU was originally type-approved) and with applicable VMS
regulations and requirements in effect for the region(s) and Federal
fisheries for which they are type-approved. The type-approval holder
must also certify that, since the holder's type-approval or last
renewal (whichever was later), there have been no modifications to or
replacements of any functional component or piece of their type-
approved configuration. The renewal request letter must also include a
table that lists in one column each requirement set out in Sec. Sec.
600.1502-600.1509. The subsequent columns must show for each
requirement:
(1) Whether the requirement applies to their type-approval;
(2) Whether the requirement is still being met;
(3) Whether any modifications or replacements were made to the
type-approved configuration or process since type-approval or the last
renewal;
(4) An explanation of any modifications or replacements that were
made since type-approval or the last renewal; and
(5) The date that any modifications or replacements were made.
If the type-approval renewal is for an MCS or EMTU/MTU and MCS
combined, the renewal request letter must also include vessel position
report statistics regarding the processing and transmission of position
reports from the onboard EMTUs and MTUs to the MCS or MCSP's VMS data
processing center. At a minimum, the statistics must include successful
position report transmission and delivery rates, the rate of position
report latencies, and the minimum/maximum/average lengths of time for
those latencies. The showing must be demonstrated in graph form, be
divided out by each NMFS region and any relevant international
agreement area and relevant high seas area, and cover 6 full and
consecutive months of data for all of the type-approval holder's U.S.
federal fishery customers.
Currently, NMFS reviews all documentation, analyses and data, and
addresses any omissions, inconsistencies and failures. Within 30 days
of receipt of a complete renewal request letter, NMFS notifies the
type-approval holder of the approval or partial approval of the renewal
request
[[Page 57421]]
or send a letter to the type-approval holder that explains the reasons
for denial or partial denial of the request.
These type-approval renewal provisions were designed to provide for
an in-depth look at the type-approval holder's overall record of
compliance with type-approval requirements. However, NMFS' experience
with the renewal process has shown that it is cumbersome for both type-
approval holders and NMFS OLE. In some cases, type-approval holders
have opted to apply for type-approval of newer VMS units rather than
seek renewal of their older VMS units. When a type-approval lapses due
to non-renewal, fishermen are required to replace their VMS units that
are no longer type approved, despite the fact that the unit may still
be functional and compliant with all current VMS standards. Doing so
imposes unnecessary cost on fishermen who must purchase a new VMS unit
and may lead to lost fishing opportunities while the VMS unit is being
replaced.
In addition to being costly and burdensome for type-approval
holders, fishermen and NMFS, the renewal process is not necessary
because Sec. 600.1514 sets out an EMTU type-approval revocation
process. In the event that a type-approved EMTU model fails to meet the
VMS EMTU specifications, NMFS can remove it from the VMS program
through this revocation process. The revocation process provides OLE
with a timely way to remove an underperforming EMTU/MTU, if necessary.
The VMS Program works with the fishermen and VMS industry on a daily
basis and is continuously monitoring issues, concerns and anomalies
that arise with any EMTU's performance. When an EMTU has performance
issues, or anomalies that cannot be resolved informally, NMFS can
initiate the type-approval revocation process as provided in Sec.
600.1514. The type-approval period and renewal process at Sec.
600.1512 and Sec. 600.1513 are therefore unnecessary in addition to
being burdensome and costly. With the proposed removal of the three-
year period for type-approval and the renewal requirement, type-
approval would remain valid indefinitely unless NMFS initiates the
revocation process pursuant to Sec. 600.1514, or the type-approval
holder chooses or agrees to forfeit their type-approval.
Classification
The NMFS Assistant Administrator has determined that this proposed
rule is consistent with the provisions of the Magnuson-Stevens Act, and
other applicable law, subject to further consideration after public
comment.
This proposed rule has been determined to be not significant for
purposes of Executive Order 12866.
This proposed rule is expected to be an Executive Order 13771
deregulatory action. Details on the estimated cost savings of this
proposed rule can be found in the accompanying Regulatory Impact Review
available from October 2016.
The Chief Counsel for Regulation of the Department of Commerce
certified to the Chief Counsel for Advocacy of the Small Business
Administration (SBA) that this proposed rule, if adopted, would not
have a significant economic impact on a substantial number of small
entities. The basis for that determination was summarized in the letter
to SBA as follows:
The proposed rule would remove the two sections of Subpart Q that
require VMS type-approval holders to periodically renew their type-
approvals. Section 600.1512 of the VMS type-approval regulations
provides that type-approvals are valid for three years, after which
time, the VMS vendor must apply for a type-approval renewal pursuant to
section 600.1513.
The objective of the proposed action is to eliminate the
unnecessary time and cost to the fishermen, VMS vendors, and the
government associated with VMS type-approval renewal process. The type-
approval renewal provisions were designed to provide for an in-depth
look at the type-approval holder's overall record of compliance with
type-approval requirements. However, NMFS' experience with the renewal
process has shown that it is cumbersome for both type-approval holders
and NMFS OLE. The type-approval holder must certify that the features,
components, configuration and services of their type-approved EMTU and/
or MCS remain in compliance with the standards set out in 50 CFR
600.1502 through 600.1509 and with applicable VMS regulations and
requirements in effect for the region(s) and Federal fisheries for
which they are type-approved. The type-approval holder must also
certify that, since the holder's type-approval or last renewal
(whichever was later), there have been no modifications to or
replacements of any functional component or piece of their type-
approved configuration. The renewal request letter must also include a
table that lists each requirement set out in Sec. Sec. 600.1502-
600.1509 and whether those requirements are still being met. Within 30
days of receipt of a complete renewal request letter, NMFS must review
the renewal request and notify the type-approval holder of the approval
or partial approval of the renewal request or send a letter to the
type-approval holder that explains the reasons for denial or partial
denial of the request.
The process is not only cumbersome, but also unnecessary because
NMFS OLE works with fishermen and the VMS industry on a daily basis and
is continuously monitoring issues and anomalies that may arise with the
performance and reliability of type-approved VMS units. In the event
that NMFS cannot correct the issues through informal discussion with
the type-approval holder, section 600.1514 of Subpart Q sets out a VMS
type-approval revocation process, which NMFS can initiate to remove a
VMS unit from the VMS type-approved list.
The renewal process can also indirectly impose costs on fishers. In
some cases, type-approval holders have opted to apply for type-approval
of newer VMS units rather than seek renewal of their older VMS units.
When a type-approval lapses due to non-renewal, fishermen are required
to replace their VMS units that are no longer type approved, despite
the fact that the unit may still be functional and compliant with all
current VMS standards. Doing so imposes unnecessary cost on fishermen
who must purchase a new VMS unit and may lead to lost fishing
opportunities while the VMS unit is being replaced.
The economic effects of this proposed rule would not result in any
significant adverse economic impacts on the six existing VMS vendors,
and would actually reduce the business costs currently associated with
the type-approval renewal process every three years. NMFS estimates
that this renewal process involves up to 16 hours of engineering labor
and 8 hours of product management labor to compile the compliance
report for renewal along with any supporting materials. Based on the
Bureau of Labor Statistics May 2016 National Occupational Employment
and Wage Estimates, the mean hourly wage for engineers is approximately
$46 per hour and for general and operations managers it is
approximately $59 per hour. Based on those labor rate estimates, NMFS
estimates eliminating the renewal process will result in reduced costs
of up to $1,208 per type-approval that would have occurred every three
years under the current regulations.
Overall, there would not be a significant economic impact to VMS
type-approval holders as a result of this rule. The removal of the
type-approval renewal requirement would reduce
[[Page 57422]]
costs to type-approval holders, fishermen and NMFS associated with the
renewal process. The change in the regulations are not expected to
place small entities at a significant competitive disadvantage to large
entities and removing the type-approval renewal process may in fact
help smaller vendors more given their more limited resources for
dealing with the administrative and technical costs associated with the
current type-approval renewal process.
Thus, NMFS certifies that this proposed rule to remove the type-
approval period and renewal process will not have a significant
economic impact on a substantial number of small entities. As a result,
an initial regulatory flexibility analysis is not required and none has
been prepared.
NMFS requests public comment on this decision, the associated
analysis and all other aspects of this proposed rule. Send comments to
NMFS Headquarters at the ADDRESSES above.
List of Subjects in 50 CFR Part 600
Administrative practice and procedure, Fisheries, Fishing,
Reporting and recordkeeping requirements.
Dated: November 30, 2017.
Alan D. Risenhoover,
Acting Deputy Assistant Administrator for Regulatory Programs, National
Marine Fisheries Service.
For the reasons set out in the preamble, 50 CFR part 600 is
proposed to be amended as follows:
PART 600--MAGNUSON-STEVENS ACT PROVISIONS
0
1. The authority citation for part 600 continues to read as follows:
Authority: 5 U.S.C. 561 and 16 U.S.C. 1801 et seq.
0
2. In Sec. 600.1510, revise paragraph (a) to read as follows:
Sec. 600.1510 Notification of type-approval.
(a) If a request made pursuant to Sec. 600.1501 (type-approval) is
approved or partially approved, NMFS will issue a type approval letter
and publish a notice in the Federal Register to indicate the specific
EMTU model, MCSP or bundle that is approved for use, the MCS or class
of MCSs permitted for use with the type-approved EMTU, and the regions
or fisheries in which the EMTU, MCSP, or bundle is approved for use.
* * * * *
Sec. Sec. 600.1512-600.1518 [Amended]
0
3. Remove Sec. Sec. 600.1512 and 600.1513 and redesignate Sec. Sec.
600.1514 through 600.1518 as Sec. Sec. 600.1512 through 600.1516,
respectively.
[FR Doc. 2017-26197 Filed 12-4-17; 8:45 am]
BILLING CODE 3510-22-P