Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Permit Renewal Applications, 37455-37458 [2018-16462]
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Federal Register / Vol. 83, No. 148 / Wednesday, August 1, 2018 / Proposed Rules
include any rural electric cooperative
which is regulated by the Rural Utilities
Service of the Department of Agriculture
or any other entities covered in section
201(f) of the Federal Power Act.
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(c) Purchaser means any individual or
corporation within the meaning of
section 3 of the Federal Power Act who
purchases electric energy from a public
utility. Such term does not include the
United States or any agency or
instrumentality of the United States or
any rural electric cooperative which is
regulated by the Rural Utilities Service
of the Department of Agriculture.
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*
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(e) Entity means any firm, company,
or organization including any
corporation, joint-stock company,
partnership, association, business trust,
organized group of persons, whether
incorporated or not, or a receiver or
receivers, trustee or trustees of any of
the foregoing. Such term does not
include municipality as defined in
section 3 of the Federal Power Act and
does not include any Federal, State, or
local government agencies or any rural
electric cooperative which is regulated
by the Rural Utilities Service of the
Department of Agriculture.
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[FR Doc. 2018–16463 Filed 7–31–18; 8:45 am]
BILLING CODE 6717–01–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 721
[EPA–HQ–OPPT–2017–0366; FRL–9981–16]
RIN 2070–AB27
Significant New Use Rules on Certain
Chemical Substances
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
EPA is proposing significant
new use rules (SNURs) under the Toxic
Substances Control Act (TSCA) for 145
chemical substances which were the
subject of premanufacture notices
(PMNs). The chemical substances are
subject to Orders issued by EPA
pursuant to section 5(e) of TSCA. This
action would require persons who
intend to manufacture (defined by
statute to include import) or process any
of these 145 chemical substances for an
activity that is designated as a
significant new use by this rule to notify
EPA at least 90 days before commencing
that activity. The required notification
initiates EPA’s evaluation of the
sradovich on DSK3GMQ082PROD with PROPOSALS
SUMMARY:
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intended use within the applicable
review period. Persons may not
commence manufacture or processing
for the significant new use until EPA
has conducted a review of the
premanufacture notice, made an
appropriate determination on the
notification, and has taken such actions
as are required with that determination.
In addition to this notice of proposed
rulemaking, EPA is issuing the action as
a direct final rule elsewhere in this issue
of the Federal Register.
DATES: Comments must be received on
or before August 31, 2018.
ADDRESSES: Submit your comments,
identified by docket identification (ID)
number EPA–HQ–OPPT–2017–0366, by
one of the following methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the online
instructions for submitting comments.
Do not submit electronically any
information you consider to be
Confidential Business Information (CBI)
or other information whose disclosure is
restricted by statute.
• Mail: Document Control Office
(7407M), Office of Pollution Prevention
and Toxics (OPPT), Environmental
Protection Agency, 1200 Pennsylvania
Ave. NW, Washington, DC 20460–0001.
• Hand Delivery: To make special
arrangements for hand delivery or
delivery of boxed information, please
follow the instructions at https://
www.epa.gov/dockets/contacts.html.
Additional instructions on
commenting or visiting the docket,
along with more information about
dockets generally, is available at https://
www.epa.gov/dockets.
FOR FURTHER INFORMATION CONTACT:
For technical information contact:
Kenneth Moss, Chemical Control
Division (7405M), Office of Pollution
Prevention and Toxics, Environmental
Protection Agency, 1200 Pennsylvania
Ave. NW, Washington, DC 20460–0001;
telephone number: (202) 564–9232;
email address: moss.kenneth@epa.gov.
For general information contact: The
TSCA-Hotline, ABVI-Goodwill, 422
South Clinton Ave., Rochester, NY
14620; telephone number: (202) 554–
1404; email address: TSCA-Hotline@
epa.gov.
In
addition to this Notice of Proposed
Rulemaking, EPA is issuing the action
as a direct final rule elsewhere in this
issue of the Federal Register. For further
information about the proposed
significant new use rules, please see the
information provided in the direct final
action, with the same title, that is
located in the ‘‘Rules and Regulations’’
SUPPLEMENTARY INFORMATION:
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section of this issue of the Federal
Register.
List of Subjects in 40 CFR Part 721
Environmental protection, Chemicals,
Hazardous substances, Reporting and
recordkeeping requirements.
Dated: July 19, 2018.
Jeffery T. Morris,
Director, Office of Pollution Prevention and
Toxics.
[FR Doc. 2018–15996 Filed 7–31–18; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 622
[Docket No. 171128999–8625–01]
RIN 0648–BH43
Fisheries of the Caribbean, Gulf of
Mexico, and South Atlantic; Permit
Renewal Applications
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Proposed rule; request for
comments.
AGENCY:
NMFS proposes to make
administrative revisions to the renewal
process for Federal vessel permits,
licenses, and endorsements, and dealer
permits (hereafter referred to
collectively as permits) in the NMFS
Southeast Region. This proposed rule
would remove the regulatory
requirement that NMFS must mail a
renewal application to a permit holder
(vessel or dealer) whose Federal permit
is expiring. NMFS will continue to
provide notice of the upcoming
expiration date to the permit holder.
This proposed rule would also remove
the regulatory requirement that NMFS
must notify an applicant of any
deficiency in a renewal application only
through sending a letter via traditional
mail, such as through the U.S. Postal
Service, which would allow NMFS
expanded options for notifying permit
holders. The purpose of this proposed
rule is to reduce the administrative costs
and burden to NMFS of renewing
Federal permits, while still maintaining
the needed information and services to
the public.
DATES: Written comments must be
received by August 31, 2018.
ADDRESSES: You may submit comments
on the proposed rule identified by
SUMMARY:
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Federal Register / Vol. 83, No. 148 / Wednesday, August 1, 2018 / Proposed Rules
‘‘NOAA–NMFS–2018–0064’’ by either
of the following methods:
• Electronic Submission: Submit all
electronic public comments via the
Federal e-Rulemaking Portal. Go to
www.regulations.gov/
#!docketDetail;D=NOAA-NMFS-20180064, click the ‘‘Comment Now!’’ icon,
complete the required fields, and enter
or attach your comments.
• Mail: Submit all written comments
to Sarah Stephenson, NMFS Southeast
Regional Office, 263 13th Avenue
South, St. Petersburg, FL 33701.
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).
Written comments regarding the
burden-hour estimates or other aspects
of the collection-of-information
requirement contained in this proposed
rule may be submitted to Adam Bailey,
NMFS Southeast Regional Office (see
mailing address above), by email to
OIRA_Submission@omb.eop.gov, or by
fax to 202–395–5806.
FOR FURTHER INFORMATION CONTACT:
Sarah Stephenson, NMFS Southeast
Regional Office, telephone: 727–824–
5305, email: sarah.stephenson@
noaa.gov.
In the U.S.
southeast region, NMFS and regional
fishery management councils manage
fisheries in Federal waters under the
under the authority of the MagnusonStevens Fishery Conservation and
Management Act (Magnuson-Stevens
Act) (16 U.S.C. 1801 et seq.) and
through regulations implemented by
NMFS at 50 CFR part 622.
SUPPLEMENTARY INFORMATION:
sradovich on DSK3GMQ082PROD with PROPOSALS
Background
NMFS issues permits, licenses, or
endorsements to vessel owners and
seafood dealers for species managed
under multiple fishery management
plans (FMPs) developed by Gulf of
Mexico (Gulf) and South Atlantic
Fishery Management Councils. These
permits are valid for 1 year from the
date of issuance by NMFS. Current
regulations require the Regional
Administrator (RA) for the NMFS
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Southeast Region to mail a paper
renewal application with instructions to
a permit holder whose Federal permit is
expiring approximately 2 months prior
to the expiration date (50 CFR
622.4(g)(1)).
This requirement creates an
administrative cost and time burden on
NMFS, and other more efficient
methods to obtain an application exist.
The vessel permit application form with
instructions totals nine pages, double
sided, and the dealer permit application
form with instructions totals five pages,
double sided. Each of the application
renewals incurs unnecessary labor and
material costs for the printing and
mailing of the renewal forms. In 2017,
a total of 5,269 permit holders were
estimated to collectively hold 18,188
permits that must be renewed annually.
Depending on the renewal application
package required, the corresponding
number of pages mailed by the
Southeast Permits Office each year for
these renewals is between 26,345 and
47,421 pages.
Additionally, the current regulation
for permit renewals requires NMFS to
notify an applicant of any deficiency in
a renewal application by a letter, which
NMFS sends through traditional mail
(50 CFR 622.4(g)(1)). In 2017, the NMFS
Southeast Permits Office received
approximately 8,060 separate
applications for vessel permits, licenses,
or endorsements, and dealer permits, of
which NMFS subsequently mailed
letters to 4,305 applicants (53 percent)
to address application deficiencies.
These notifications also incur
unnecessary labor and material costs for
the printing and mailing of these letters.
Management Measures Contained in
This Proposed Rule
This proposed rule would remove the
requirement that the RA mail a renewal
application to a permit holder whose
Federal permit is expiring. Instead, the
RA would notify the permit holder
approximately 2 months prior to the
expiration date of the permit through a
letter, email, or other appropriate means
that may be available. NMFS would
continue to mail applications upon
request from an applicant, and
applications to renew a Federal vessel
permit, license, or endorsement, and
dealer permit are currently available for
download from the NMFS Southeast
Permits Office website at https://
sero.nmfs.noaa.gov/operations_
management_information_services/
constituency_services_branch/permits/
index.html. NMFS is also continuing to
expand the number of applications that
applicants can submit online. As of July
1, 2018, applicants can access and
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submit applications online to renew 13
permits.
This proposed rule would also
remove the requirement that the RA
notify an applicant of any deficiency in
a renewal application only by a letter
sent through traditional mail.
NMFS expects this proposed rule to
reduce administrative labor and
material costs associated with mailing
permit renewal applications and letters
of application deficiency to permit
holders by allowing NMFS the
flexibility to use more efficient means to
provide the permit renewal applications
and notifications of application
deficiency.
NMFS does not expect this proposed
rule to affect the overall number of
annual permit renewals that NMFS
receives or change the average time
necessary for an applicant to complete
an application. This proposed rule
would not result in any change to
fisheries operations.
Additional Change not Contained in
This Proposed Rule
Although not a regulatory
requirement, NMFS has historically
mailed renewal applications for Federal
operator cards to vessel operators prior
to the expiration date. If NMFS
implements this proposed rule, a
renewal application would not
automatically be mailed to individuals
with an operator card prior to the
expiration date; however, similar to the
notification of permit holders with
Federal permits discussed in this
proposed rule, NMFS intends to
continue providing notification to a
vessel operator with an operator card of
its upcoming expiration prior to that
date. Additionally, NMFS may use
methods other than by letter to notify
applicants that a renewal application
contains deficiencies.
Classification
The NMFS Assistant Administrator
has determined that this proposed rule
is consistent with the applicable FMPs
in the Gulf and South Atlantic, the
Magnuson-Stevens Act, and other
applicable laws, subject to further
consideration after public comment.
This proposed rule has been
determined to be not significant for
purposes of Executive Order 12866.
The Magnuson-Stevens Act provides
the statutory basis for this proposed
rule. No duplicative, overlapping, or
conflicting Federal rules have been
identified. A description of this
proposed rule and its purpose and need
are contained in the SUMMARY section of
the preamble.
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Federal Register / Vol. 83, No. 148 / Wednesday, August 1, 2018 / Proposed Rules
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 factual basis for this
certification is as follows.
This proposed rule would directly
apply to businesses that operate in the
commercial fishing (NAICS code
11411), charter vessel and headboat (forhire) fishing (NAICS code 487210), and
fish and seafood market industries
(NAICS code 445220) that are required
to renew permits, licenses, and
endorsements to continue to participate
in fisheries managed by the Gulf of
Mexico and South Atlantic Fishery
Management Councils.
For RFA purposes only, NMFS has
established a small business size
standard for businesses, including their
affiliates, whose primary industry is
commercial fishing. A business
primarily engaged in commercial fishing
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’s
annual revenue threshold for a business
involved in either the for-hire fishing, or
fish and seafood marketing industry is
$7.5 million. It is initially expected that
almost all to all of the businesses
directly affected by this action are small.
In 2017, 5,269 unique entities were
estimated to collectively hold 18,188
permits, licenses, or endorsements that
must be renewed annually, and these
unique entities are expected to represent
up to 5,269 unique small businesses.
The proposed rule would eliminate
the requirement that the RA print and
mail renewal applications to every
applicable permit, license, or
endorsement holder every year. Instead,
the RA would notify small businesses
whose permits are expiring and instruct
them of the various alternative methods
of acquiring the renewal application,
which are: submit an electronic
application form online, if available;
download and print an application
form; call the NMFS Southeast Permits
Office toll-free number and request an
application form by mail; or acquire an
application form in person from the
NMFS Southeast Permits Office.
Currently, all small businesses can
acquire a paper renewal application by
either waiting for the application in the
mail, downloading and printing one, or
coming to the Permits Office. An
increasing number of applicants can
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access and submit an electronic renewal
application online, but this service is
not available for all applicants because
not all renewal applications can be
submitted online at this time. As of July
1, 2018, applicants can access and
submit applications online to renew 13
permits (of the 27 permits issued under
the FMPs), and NMFS is working to
increase the number of permits that can
be renewed in this manner.
This action would have no impact on
any small businesses that currently
submit an online application to renew
their permit, download and print an
application, or get an application inperson from the Permits Office.
However, it would have impacts on
those small businesses that currently
rely on or otherwise use the application
automatically mailed to them.
NMFS expects that this proposed rule
would divide those latter small
businesses into four subgroups
depending on which option to obtain an
application they prefer and are able to
choose. The number of small businesses
that would choose any particular option
is unknown. All options would require
the same average amount of time to
complete an application.
As NMFS continues to expand the
number of permit applications that are
available to submit online, small
businesses that presently cannot submit
their permit renewal applications online
would receive multiple direct and
indirect benefits. These include the
convenience and efficiency of accessing
and submitting an application online,
eliminating the cost of mailing a
completed paper application (estimated
to be, on average, $0.91 per application
annually), and a small business’ ability
to pay the renewal fee(s) by either credit
card or electronic check via Pay.gov
accessed through the Southeast
Fisheries Online Permit System, rather
than by check or money order. Benefits
of paying electronically include, but are
not restricted to, higher transaction
speed, reduced check-associated costs,
and greater transaction transparency.
The existing option to download and
print out a paper application would
have added benefits and costs to those
who currently do not choose this
option. These include the flexibility to
acquire the application at their
convenience and the additional direct
cost of downloading and printing each
application form (expected to vary from
$1 to $10). This option would not
change baseline mailing costs ($0.91) or
payment options. Payment submitted
with paper applications must be made
by either check or money order.
The proposed rule would also give
small businesses the option to call the
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37457
NMFS Southeast Permits Office toll-free
to request that NMFS mail a paper
application to them. This would require
a small business to take the time to call
NMFS to request the application be
mailed. This option is essentially a noaction alternative; there would be no
change in baseline mailing costs or
payment options to small businesses for
each application.
A fourth option would be for an
applicant to travel to the NMFS
Southeast Permits Office in St.
Petersburg, Florida, to obtain an
application. However, NMFS expects
that most small businesses would not
select this option because of time and
travel costs.
The added cost to acquire an
application by telephone request,
download, online access and
submission, or traveling to the Permits
Office is expected to be minimal. In
conclusion, NMFS expects this
proposed rule would not have a
significant economic impact on a
substantial number of small entities,
and an initial regulatory flexibility
analysis is not required and none has
been prepared.
This proposed 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 control number
0648–0205. Public reporting burden for
renewal applications in the Southeast
Region Permit Family of Forms is
estimated to vary between 30 and 55
minutes, depending on the applicable
form. The estimated reporting burdens
are based on an individual response,
including the time for reviewing
instructions, searching existing data
sources, gathering and maintaining the
data needed, and completing and
reviewing the collection of information.
This proposed rule would not change
existing collection-of-information
requirements or estimated reporting
burdens. Send comments regarding the
burden estimates, or any other aspect of
this data collection, including
suggestions for reducing the burden to
Adam Bailey, NMFS Southeast Regional
Office (see ADDRESSES), by email to
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, and no person will be
subject to penalty for failure to comply
with, a collection of information subject
to the requirements of the PRA, unless
that collection of information displays a
currently valid OMB control number.
All currently approved collections of
information may be viewed at https://
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Federal Register / Vol. 83, No. 148 / Wednesday, August 1, 2018 / Proposed Rules
www.cio.noaa.gov/services_programs/
prasubs.html.
■
List of Subjects in 50 CFR Part 622
§ 622.4
Dated: July 27, 2018.
Samuel D. Rauch, III,
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
For the reasons set out in the
preamble, 50 CFR part 622 is proposed
to be amended as follows:
PART 622—FISHERIES OF THE
CARIBBEAN, GULF OF MEXICO, AND
SOUTH ATLANTIC
1. The authority citation for part 622
continues to read as follows:
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Authority: 16 U.S.C. 1801 et seq.
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Jkt 244001
Permits and fees—general.
*
Commercial, Dealer, Endorsement,
Fisheries, Fishing, Gulf of Mexico,
License, Permit, South Atlantic.
■
2. In § 622.4, revise paragraph (g)(1) to
read as follows:
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(g) * * *
(1) Vessel permits, licenses, and
endorsements, and dealer permits.
Unless specified otherwise, a vessel or
dealer permit holder who has been
issued a permit, license, or endorsement
under this part must renew such permit,
license, or endorsement on an annual
basis. The RA will notify a vessel or
dealer permit holder whose permit,
license, or endorsement is expiring
approximately 2 months prior to the
expiration date. A vessel or dealer
permit holder who does not receive a
notification is still required to submit an
application form as specified below.
The applicant must submit a completed
renewal application form and all
required supporting documents to the
RA prior to the applicable deadline for
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Fmt 4702
Sfmt 9990
renewal of the permit, license, or
endorsement, and at least 30 calendar
days prior to the date on which the
applicant desires to have the permit
made effective. Application forms and
instructions for renewal are available
online at sero.nmfs.noaa.gov or from the
RA (Southeast Permits Office) at 1–877–
376–4877, Monday through Friday
between 8 a.m. and 4:30 p.m., eastern
time. If the RA receives an incomplete
application, the RA will notify the
applicant of the deficiency. If the
applicant fails to correct the deficiency
within 30 calendar days of the
notification date by the RA, the
application will be considered
abandoned. A permit, license, or
endorsement that is not renewed within
the applicable deadline will not be
reissued.
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[FR Doc. 2018–16462 Filed 7–31–18; 8:45 am]
BILLING CODE 3510–22–P
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]]>Agencies
[Federal Register Volume 83, Number 148 (Wednesday, August 1, 2018)]
[Proposed Rules]
[Pages 37455-37458]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-16462]
=======================================================================
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 171128999-8625-01]
RIN 0648-BH43
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
Permit Renewal Applications
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Proposed rule; request for comments.
-----------------------------------------------------------------------
SUMMARY: NMFS proposes to make administrative revisions to the renewal
process for Federal vessel permits, licenses, and endorsements, and
dealer permits (hereafter referred to collectively as permits) in the
NMFS Southeast Region. This proposed rule would remove the regulatory
requirement that NMFS must mail a renewal application to a permit
holder (vessel or dealer) whose Federal permit is expiring. NMFS will
continue to provide notice of the upcoming expiration date to the
permit holder. This proposed rule would also remove the regulatory
requirement that NMFS must notify an applicant of any deficiency in a
renewal application only through sending a letter via traditional mail,
such as through the U.S. Postal Service, which would allow NMFS
expanded options for notifying permit holders. The purpose of this
proposed rule is to reduce the administrative costs and burden to NMFS
of renewing Federal permits, while still maintaining the needed
information and services to the public.
DATES: Written comments must be received by August 31, 2018.
ADDRESSES: You may submit comments on the proposed rule identified by
[[Page 37456]]
``NOAA-NMFS-2018-0064'' by either of the following methods:
Electronic Submission: Submit all electronic public
comments via the Federal e-Rulemaking Portal. Go to
www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2018-0064, click the
``Comment Now!'' icon, complete the required fields, and enter or
attach your comments.
Mail: Submit all written comments to Sarah Stephenson,
NMFS Southeast Regional Office, 263 13th Avenue South, St. Petersburg,
FL 33701.
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).
Written comments regarding the burden-hour estimates or other
aspects of the collection-of-information requirement contained in this
proposed rule may be submitted to Adam Bailey, NMFS Southeast Regional
Office (see mailing address above), by email to
[email protected], or by fax to 202-395-5806.
FOR FURTHER INFORMATION CONTACT: Sarah Stephenson, NMFS Southeast
Regional Office, telephone: 727-824-5305, email:
[email protected].
SUPPLEMENTARY INFORMATION: In the U.S. southeast region, NMFS and
regional fishery management councils manage fisheries in Federal waters
under the under the authority of the Magnuson-Stevens Fishery
Conservation and Management Act (Magnuson-Stevens Act) (16 U.S.C. 1801
et seq.) and through regulations implemented by NMFS at 50 CFR part
622.
Background
NMFS issues permits, licenses, or endorsements to vessel owners and
seafood dealers for species managed under multiple fishery management
plans (FMPs) developed by Gulf of Mexico (Gulf) and South Atlantic
Fishery Management Councils. These permits are valid for 1 year from
the date of issuance by NMFS. Current regulations require the Regional
Administrator (RA) for the NMFS Southeast Region to mail a paper
renewal application with instructions to a permit holder whose Federal
permit is expiring approximately 2 months prior to the expiration date
(50 CFR 622.4(g)(1)).
This requirement creates an administrative cost and time burden on
NMFS, and other more efficient methods to obtain an application exist.
The vessel permit application form with instructions totals nine pages,
double sided, and the dealer permit application form with instructions
totals five pages, double sided. Each of the application renewals
incurs unnecessary labor and material costs for the printing and
mailing of the renewal forms. In 2017, a total of 5,269 permit holders
were estimated to collectively hold 18,188 permits that must be renewed
annually. Depending on the renewal application package required, the
corresponding number of pages mailed by the Southeast Permits Office
each year for these renewals is between 26,345 and 47,421 pages.
Additionally, the current regulation for permit renewals requires
NMFS to notify an applicant of any deficiency in a renewal application
by a letter, which NMFS sends through traditional mail (50 CFR
622.4(g)(1)). In 2017, the NMFS Southeast Permits Office received
approximately 8,060 separate applications for vessel permits, licenses,
or endorsements, and dealer permits, of which NMFS subsequently mailed
letters to 4,305 applicants (53 percent) to address application
deficiencies. These notifications also incur unnecessary labor and
material costs for the printing and mailing of these letters.
Management Measures Contained in This Proposed Rule
This proposed rule would remove the requirement that the RA mail a
renewal application to a permit holder whose Federal permit is
expiring. Instead, the RA would notify the permit holder approximately
2 months prior to the expiration date of the permit through a letter,
email, or other appropriate means that may be available. NMFS would
continue to mail applications upon request from an applicant, and
applications to renew a Federal vessel permit, license, or endorsement,
and dealer permit are currently available for download from the NMFS
Southeast Permits Office website at https://sero.nmfs.noaa.gov/operations_management_information_services/constituency_services_branch/permits/. NMFS is also
continuing to expand the number of applications that applicants can
submit online. As of July 1, 2018, applicants can access and submit
applications online to renew 13 permits.
This proposed rule would also remove the requirement that the RA
notify an applicant of any deficiency in a renewal application only by
a letter sent through traditional mail.
NMFS expects this proposed rule to reduce administrative labor and
material costs associated with mailing permit renewal applications and
letters of application deficiency to permit holders by allowing NMFS
the flexibility to use more efficient means to provide the permit
renewal applications and notifications of application deficiency.
NMFS does not expect this proposed rule to affect the overall
number of annual permit renewals that NMFS receives or change the
average time necessary for an applicant to complete an application.
This proposed rule would not result in any change to fisheries
operations.
Additional Change not Contained in This Proposed Rule
Although not a regulatory requirement, NMFS has historically mailed
renewal applications for Federal operator cards to vessel operators
prior to the expiration date. If NMFS implements this proposed rule, a
renewal application would not automatically be mailed to individuals
with an operator card prior to the expiration date; however, similar to
the notification of permit holders with Federal permits discussed in
this proposed rule, NMFS intends to continue providing notification to
a vessel operator with an operator card of its upcoming expiration
prior to that date. Additionally, NMFS may use methods other than by
letter to notify applicants that a renewal application contains
deficiencies.
Classification
The NMFS Assistant Administrator has determined that this proposed
rule is consistent with the applicable FMPs in the Gulf and South
Atlantic, the Magnuson-Stevens Act, and other applicable laws, subject
to further consideration after public comment.
This proposed rule has been determined to be not significant for
purposes of Executive Order 12866.
The Magnuson-Stevens Act provides the statutory basis for this
proposed rule. No duplicative, overlapping, or conflicting Federal
rules have been identified. A description of this proposed rule and its
purpose and need are contained in the SUMMARY section of the preamble.
[[Page 37457]]
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 factual basis for this certification is as follows.
This proposed rule would directly apply to businesses that operate
in the commercial fishing (NAICS code 11411), charter vessel and
headboat (for-hire) fishing (NAICS code 487210), and fish and seafood
market industries (NAICS code 445220) that are required to renew
permits, licenses, and endorsements to continue to participate in
fisheries managed by the Gulf of Mexico and South Atlantic Fishery
Management Councils.
For RFA purposes only, NMFS has established a small business size
standard for businesses, including their affiliates, whose primary
industry is commercial fishing. A business primarily engaged in
commercial fishing 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's annual revenue threshold for a business involved
in either the for-hire fishing, or fish and seafood marketing industry
is $7.5 million. It is initially expected that almost all to all of the
businesses directly affected by this action are small.
In 2017, 5,269 unique entities were estimated to collectively hold
18,188 permits, licenses, or endorsements that must be renewed
annually, and these unique entities are expected to represent up to
5,269 unique small businesses.
The proposed rule would eliminate the requirement that the RA print
and mail renewal applications to every applicable permit, license, or
endorsement holder every year. Instead, the RA would notify small
businesses whose permits are expiring and instruct them of the various
alternative methods of acquiring the renewal application, which are:
submit an electronic application form online, if available; download
and print an application form; call the NMFS Southeast Permits Office
toll-free number and request an application form by mail; or acquire an
application form in person from the NMFS Southeast Permits Office.
Currently, all small businesses can acquire a paper renewal
application by either waiting for the application in the mail,
downloading and printing one, or coming to the Permits Office. An
increasing number of applicants can access and submit an electronic
renewal application online, but this service is not available for all
applicants because not all renewal applications can be submitted online
at this time. As of July 1, 2018, applicants can access and submit
applications online to renew 13 permits (of the 27 permits issued under
the FMPs), and NMFS is working to increase the number of permits that
can be renewed in this manner.
This action would have no impact on any small businesses that
currently submit an online application to renew their permit, download
and print an application, or get an application in-person from the
Permits Office. However, it would have impacts on those small
businesses that currently rely on or otherwise use the application
automatically mailed to them.
NMFS expects that this proposed rule would divide those latter
small businesses into four subgroups depending on which option to
obtain an application they prefer and are able to choose. The number of
small businesses that would choose any particular option is unknown.
All options would require the same average amount of time to complete
an application.
As NMFS continues to expand the number of permit applications that
are available to submit online, small businesses that presently cannot
submit their permit renewal applications online would receive multiple
direct and indirect benefits. These include the convenience and
efficiency of accessing and submitting an application online,
eliminating the cost of mailing a completed paper application
(estimated to be, on average, $0.91 per application annually), and a
small business' ability to pay the renewal fee(s) by either credit card
or electronic check via Pay.gov accessed through the Southeast
Fisheries Online Permit System, rather than by check or money order.
Benefits of paying electronically include, but are not restricted to,
higher transaction speed, reduced check-associated costs, and greater
transaction transparency.
The existing option to download and print out a paper application
would have added benefits and costs to those who currently do not
choose this option. These include the flexibility to acquire the
application at their convenience and the additional direct cost of
downloading and printing each application form (expected to vary from
$1 to $10). This option would not change baseline mailing costs ($0.91)
or payment options. Payment submitted with paper applications must be
made by either check or money order.
The proposed rule would also give small businesses the option to
call the NMFS Southeast Permits Office toll-free to request that NMFS
mail a paper application to them. This would require a small business
to take the time to call NMFS to request the application be mailed.
This option is essentially a no-action alternative; there would be no
change in baseline mailing costs or payment options to small businesses
for each application.
A fourth option would be for an applicant to travel to the NMFS
Southeast Permits Office in St. Petersburg, Florida, to obtain an
application. However, NMFS expects that most small businesses would not
select this option because of time and travel costs.
The added cost to acquire an application by telephone request,
download, online access and submission, or traveling to the Permits
Office is expected to be minimal. In conclusion, NMFS expects this
proposed rule would not have a significant economic impact on a
substantial number of small entities, and an initial regulatory
flexibility analysis is not required and none has been prepared.
This proposed 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 control
number 0648-0205. Public reporting burden for renewal applications in
the Southeast Region Permit Family of Forms is estimated to vary
between 30 and 55 minutes, depending on the applicable form. The
estimated reporting burdens are based on an individual response,
including the time for reviewing instructions, searching existing data
sources, gathering and maintaining the data needed, and completing and
reviewing the collection of information. This proposed rule would not
change existing collection-of-information requirements or estimated
reporting burdens. Send comments regarding the burden estimates, or any
other aspect of this data collection, including suggestions for
reducing the burden to Adam Bailey, NMFS Southeast Regional Office (see
ADDRESSES), by email to [email protected], or fax to 202-395-
5806.
Notwithstanding any other provision of the law, no person is
required to respond to, and no person will be subject to penalty for
failure to comply with, a collection of information subject to the
requirements of the PRA, unless that collection of information displays
a currently valid OMB control number. All currently approved
collections of information may be viewed at https://
[[Page 37458]]
www.cio.noaa.gov/services_programs/prasubs.html.
List of Subjects in 50 CFR Part 622
Commercial, Dealer, Endorsement, Fisheries, Fishing, Gulf of
Mexico, License, Permit, South Atlantic.
Dated: July 27, 2018.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
For the reasons set out in the preamble, 50 CFR part 622 is
proposed to be amended as follows:
PART 622--FISHERIES OF THE CARIBBEAN, GULF OF MEXICO, AND SOUTH
ATLANTIC
0
1. The authority citation for part 622 continues to read as follows:
Authority: 16 U.S.C. 1801 et seq.
0
2. In Sec. 622.4, revise paragraph (g)(1) to read as follows:
Sec. 622.4 Permits and fees--general.
* * * * *
(g) * * *
(1) Vessel permits, licenses, and endorsements, and dealer permits.
Unless specified otherwise, a vessel or dealer permit holder who has
been issued a permit, license, or endorsement under this part must
renew such permit, license, or endorsement on an annual basis. The RA
will notify a vessel or dealer permit holder whose permit, license, or
endorsement is expiring approximately 2 months prior to the expiration
date. A vessel or dealer permit holder who does not receive a
notification is still required to submit an application form as
specified below. The applicant must submit a completed renewal
application form and all required supporting documents to the RA prior
to the applicable deadline for renewal of the permit, license, or
endorsement, and at least 30 calendar days prior to the date on which
the applicant desires to have the permit made effective. Application
forms and instructions for renewal are available online at
sero.nmfs.noaa.gov or from the RA (Southeast Permits Office) at 1-877-
376-4877, Monday through Friday between 8 a.m. and 4:30 p.m., eastern
time. If the RA receives an incomplete application, the RA will notify
the applicant of the deficiency. If the applicant fails to correct the
deficiency within 30 calendar days of the notification date by the RA,
the application will be considered abandoned. A permit, license, or
endorsement that is not renewed within the applicable deadline will not
be reissued.
* * * * *
[FR Doc. 2018-16462 Filed 7-31-18; 8:45 am]
BILLING CODE 3510-22-P
