Requirements of the Vessel Monitoring System Type-Approval, 14886-14887 [2019-07304]

Download as PDF 14886 Federal Register / Vol. 84, No. 71 / Friday, April 12, 2019 / Rules and Regulations § 180.960 Polymers; exemptions from the requirement of a tolerance. * * * * * Polymer CAS No. * * * * * * Polyvinyl acetate—polyvinyl alcohol copolymer, minimum number average molecular weight (in amu), 14,000 .............................. * * * [FR Doc. 2019–07273 Filed 4–11–19; 8:45 am] BILLING CODE 6560–50–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 600 [Docket No. 160908833–9240–02] RIN 0648–BG34 Requirements of the Vessel Monitoring System Type-Approval National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Final rule. AGENCY: 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 final action amends 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 proven 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: The final rule will be effective April 12, 2019. FOR FURTHER INFORMATION CONTACT: Kelly Spalding, Vessel Monitoring System Program Manager, Headquarters: 301–427–8269 or Kelly.spalding@ noaa.gov. jbell on DSK30RV082PROD with RULES SUMMARY: SUPPLEMENTARY INFORMATION: VerDate Sep<11>2014 16:08 Apr 11, 2019 Jkt 247001 * * Background In December 2014, NMFS published a final rule to codify national VMS typeapproval 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 action removes the two sections of 50 CFR part 600, subpart Q, that require VMS type-approval holders (VMS vendors) to periodically renew their type-approvals. Section 600.1512 of the VMS type approval regulations previously provided that type-approvals were valid for three years from the date on which NMFS publishes a notice in the Federal Register of the approval; and that prior to the expiration of that three-year type-approval period, the VMS vendor was required to apply for a type-approval renewal. NMFS found that the renewal process is unnecessary, has cost fishermen and approved VMS vendors additional time and expense, and imposed unnecessary cost on the government. Removing the typeapproval renewal requirement spares fishermen, VMS vendors and the government the time and expense PO 00000 Frm 00042 Fmt 4700 Sfmt 4700 * * 25213–24–5 * associated with the renewal process without impairing the effectiveness of the VMS program. Section 600.1513 of Subpart Q set out the type-approval renewal process. A VMS vendor seeking renewal of a VMS type-approval was required to 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 was required to submit a written request letter containing the information and documentation regarding their continued compliance with their Vessel Monitoring System Type-Approval. The type-approval renewal provisions were designed to provide for an indepth look at the type-approval holder’s overall record of compliance with typeapproval requirements. However, NMFS’ experience with the renewal process showed it to be cumbersome for both type-approval holders and NMFS OLE. In some cases, type-approval holders opted to apply for type-approval of newer VMS units rather than seek renewal of their older VMS units. When a type-approval lapsed due to nonrenewal, fishermen were required to replace their VMS units that were no longer type approved, despite the fact that the unit may still have been functional and compliant with all current VMS standards. Doing so imposed unnecessary cost on fishermen who had to purchase a new VMS unit and may have led to lost fishing opportunities while the VMS unit was being replaced. In addition to being costly and burdensome for type-approval holders, fishermen and NMFS, the renewal process was not necessary because 50 CFR 600.1514 (re-designated as § 600.1512 by this final rule) sets out an EMTU type-approval revocation process. In the event that a typeapproved EMTU model fails to meet the VMS EMTU specifications, NMFS can remove it from the VMS program through this revocation process. With this action, the type-approval will remain valid indefinitely unless NMFS initiates the revocation process pursuant E:\FR\FM\12APR1.SGM 12APR1 Federal Register / Vol. 84, No. 71 / Friday, April 12, 2019 / Rules and Regulations to § 600.1514, or the type-approval holder chooses or agrees to forfeit their type-approval. Due to the removal of the type-approval renewal process in § 600.1513, NMFS is removing the reference to that section in § 600.1510 (Notification of type-approval). NMFS is also re-designating §§ 600.1514 through 600.1518 as §§ 600.1512 through 600.1516, in light of the removal of the former §§ 600.1512 and 600.1513. NMFS issued a proposed rule on December 5, 2017, to remove the VMS type-approval renewal requirement discussed above. See 82 FR 57419 (December 5, 2017). NMFS received no comments during the initial 30-day comment period on the rule and reopened the comment period for an additional 30 days in February 2018. See 83 FR 8416 (Feb. 27, 2018). approval requirements over the preceding three years. The Chief Counsel for Regulation of the Department of Commerce certified to the Chief Counsel for Advocacy of the Small Business Administration (SBA) during the proposed rule stage that this rule would not have a significant economic impact on a substantial number of small entities. The factual basis for the certification was published in the proposed rule and is not repeated here. No comments were received regarding this certification. As a result, a regulatory flexibility analysis was not required and none was prepared. Changes From the Proposed Rule Dated: April 9, 2019. Samuel D. Rauch III, Deputy Assistant Administrator for Regulatory Programs, National Marine Fisheries Service. There are no changes from the proposed rule. jbell on DSK30RV082PROD with RULES Responses to Public Comments List of Subjects in 50 CFR Part 600 Administrative practice and procedure, Fisheries, Fishing, Reporting and recordkeeping requirements. NMFS received six public comments on the proposed rule. Two individuals provided comments in support of the rule. NMFS received four comments that compared U.S. air quality to that of other countries and expressed the view that U.S. environmental regulations hinder business growth. These comments are not directly relevant to this rulemaking, so we did not prepare a response. For the reasons set out in the preamble, 50 CFR part 600 is amended as follows: Classification ■ The NMFS Assistant Administrator has determined that this rule is consistent with the provisions of the Magnuson-Stevens Fishery Conservation and Management Act, and other applicable law. This rule has been determined to be not significant for purposes of Executive Order 12866. This rule is an Executive Order 13771 deregulatory action. Because this rule relieves a restriction by removing the requirement that VMS type-approval holders renew their type approval every three years, it falls within an exception to the 30-day delay in the date of effectiveness provision of the Administrative Procedure Act (5 U.S.C. 553(d)(1)). As noted in the Background section above, this final rule removes two sections of 50 CFR part 600, subpart Q that require VMS type approval holders to periodically renew their type approval. This final rule eliminates the requirement for typeapproval holders to submit to NMFS a written renewal request and supporting documentation demonstrating their compliance with the detailed VMS type- VerDate Sep<11>2014 16:08 Apr 11, 2019 Jkt 247001 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: § 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 and 600.1513 ■ [Removed] 3. Remove §§ 600.1512 and 600.1513. §§ 600.1514 through 600.1518 [Redesignated as §§ 600.1512 through 600.1516] 4. Redesignate §§ 600.1514 through 600.1518 as §§ 600.1512 through 600.1516, respectively. ■ [FR Doc. 2019–07304 Filed 4–11–19; 8:45 am] BILLING CODE 3510–22–P PO 00000 Frm 00043 Fmt 4700 Sfmt 4700 14887 DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 679 [Docket No. 180831813–9332–03] RIN 0648–XG471 Fisheries of the Exclusive Economic Zone Off Alaska; Gulf of Alaska; Final 2019 and 2020 Harvest Specifications for Groundfish; Correction National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Final rule; correction. AGENCY: The National Marine Fisheries Service is correcting a final rule that published on March 14, 2019, implementing the final 2019 and 2020 harvest specifications and prohibited species catch allowances for the groundfish fishery of the Gulf of Alaska. One table in the document contains errors associated with flathead sole. These corrections are necessary to provide the correction information about the amount of flathead sole available for commercial harvest in 2019, thus allowing commercial fishermen to maximize their economic opportunities in this fishery. This correction also is necessary to comport with the requirements of the Fishery Management Plan for Groundfish of the Gulf of Alaska. DATES: Effective April 12, 2019. FOR FURTHER INFORMATION CONTACT: Obren Davis, 907–586–7228. SUPPLEMENTARY INFORMATION: SUMMARY: Need for Correction The National Marine Fisheries Service (NMFS) published the Gulf of Alaska (GOA) final 2019 and 2020 harvest specifications in the Federal Register on March 14, 2019 (84 FR 9416). The harvest specifications were effective March 14, 2019. A table (Table 1) providing information about the 2019 overfishing levels, acceptable biological catch (ABC), and total allowable catch (TAC) for groundfish of the GOA contains errors associated with the flathead sole ABC for the Central Regulatory Area of the GOA, as well as the flathead sole ABCs and TACs in the West Yakutat (WYK) and Southeast Outside (SEO) Districts of the Eastern Regulatory Area of the GOA. In Table 1 on page 9420 of the harvest specifications published in the Federal Register, NMFS inadvertently used incorrect values for the flathead sole E:\FR\FM\12APR1.SGM 12APR1

Agencies

[Federal Register Volume 84, Number 71 (Friday, April 12, 2019)]
[Rules and Regulations]
[Pages 14886-14887]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-07304]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 600

[Docket No. 160908833-9240-02]
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: Final rule.

-----------------------------------------------------------------------

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 
final action amends 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 proven 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: The final rule will be effective April 12, 2019.

FOR FURTHER INFORMATION CONTACT: Kelly Spalding, Vessel Monitoring 
System Program Manager, Headquarters: 301-427-8269 or 
[email protected].

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 action removes the two sections of 50 CFR part 600, subpart Q, 
that require VMS type-approval holders (VMS vendors) to periodically 
renew their type-approvals. Section 600.1512 of the VMS type approval 
regulations previously provided that type-approvals were valid for 
three years from the date on which NMFS publishes a notice in the 
Federal Register of the approval; and that prior to the expiration of 
that three-year type-approval period, the VMS vendor was required to 
apply for a type-approval renewal. NMFS found that the renewal process 
is unnecessary, has cost fishermen and approved VMS vendors additional 
time and expense, and imposed unnecessary cost on the government. 
Removing the type-approval renewal requirement spares 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 set out the type-approval renewal 
process. A VMS vendor seeking renewal of a VMS type-approval was 
required to 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 was required to submit a written request letter 
containing the information and documentation regarding their continued 
compliance with their Vessel Monitoring System Type-Approval.
    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 showed it to be cumbersome for both type-
approval holders and NMFS OLE. In some cases, type-approval holders 
opted to apply for type-approval of newer VMS units rather than seek 
renewal of their older VMS units. When a type-approval lapsed due to 
non-renewal, fishermen were required to replace their VMS units that 
were no longer type approved, despite the fact that the unit may still 
have been functional and compliant with all current VMS standards. 
Doing so imposed unnecessary cost on fishermen who had to purchase a 
new VMS unit and may have led to lost fishing opportunities while the 
VMS unit was being replaced.
    In addition to being costly and burdensome for type-approval 
holders, fishermen and NMFS, the renewal process was not necessary 
because 50 CFR 600.1514 (re-designated as Sec.  600.1512 by this final 
rule) 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. With this action, the type-approval will remain 
valid indefinitely unless NMFS initiates the revocation process 
pursuant

[[Page 14887]]

to Sec.  600.1514, or the type-approval holder chooses or agrees to 
forfeit their type-approval. Due to the removal of the type-approval 
renewal process in Sec.  600.1513, NMFS is removing the reference to 
that section in Sec.  600.1510 (Notification of type-approval). NMFS is 
also re-designating Sec. Sec.  600.1514 through 600.1518 as Sec. Sec.  
600.1512 through 600.1516, in light of the removal of the former 
Sec. Sec.  600.1512 and 600.1513.
    NMFS issued a proposed rule on December 5, 2017, to remove the VMS 
type-approval renewal requirement discussed above. See 82 FR 57419 
(December 5, 2017). NMFS received no comments during the initial 30-day 
comment period on the rule and re-opened the comment period for an 
additional 30 days in February 2018. See 83 FR 8416 (Feb. 27, 2018).

Changes From the Proposed Rule

    There are no changes from the proposed rule.

Responses to Public Comments

    NMFS received six public comments on the proposed rule. Two 
individuals provided comments in support of the rule. NMFS received 
four comments that compared U.S. air quality to that of other countries 
and expressed the view that U.S. environmental regulations hinder 
business growth. These comments are not directly relevant to this 
rulemaking, so we did not prepare a response.

Classification

    The NMFS Assistant Administrator has determined that this rule is 
consistent with the provisions of the Magnuson-Stevens Fishery 
Conservation and Management Act, and other applicable law.
    This rule has been determined to be not significant for purposes of 
Executive Order 12866. This rule is an Executive Order 13771 
deregulatory action.
    Because this rule relieves a restriction by removing the 
requirement that VMS type-approval holders renew their type approval 
every three years, it falls within an exception to the 30-day delay in 
the date of effectiveness provision of the Administrative Procedure Act 
(5 U.S.C. 553(d)(1)). As noted in the Background section above, this 
final rule removes two sections of 50 CFR part 600, subpart Q that 
require VMS type approval holders to periodically renew their type 
approval. This final rule eliminates the requirement for type-approval 
holders to submit to NMFS a written renewal request and supporting 
documentation demonstrating their compliance with the detailed VMS 
type-approval requirements over the preceding three years.
    The Chief Counsel for Regulation of the Department of Commerce 
certified to the Chief Counsel for Advocacy of the Small Business 
Administration (SBA) during the proposed rule stage that this rule 
would not have a significant economic impact on a substantial number of 
small entities. The factual basis for the certification was published 
in the proposed rule and is not repeated here. No comments were 
received regarding this certification. As a result, a regulatory 
flexibility analysis was not required and none was prepared.

List of Subjects in 50 CFR Part 600

    Administrative practice and procedure, Fisheries, Fishing, 
Reporting and recordkeeping requirements.

    Dated: April 9, 2019.
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 600 is 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 and 600.1513  [Removed]

0
3. Remove Sec. Sec.  600.1512 and 600.1513.


Sec. Sec.  600.1514 through 600.1518  [Redesignated as Sec. Sec.  
600.1512 through 600.1516]

0
4. Redesignate Sec. Sec.  600.1514 through 600.1518 as Sec. Sec.  
600.1512 through 600.1516, respectively.

[FR Doc. 2019-07304 Filed 4-11-19; 8:45 am]
 BILLING CODE 3510-22-P
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