Fisheries Off West Coast States; Effective Dates of West Coast Groundfish Electronic Monitoring Program, 55525-55527 [2021-21754]
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Federal Register / Vol. 86, No. 191 / Wednesday, October 6, 2021 / Rules and Regulations
552.246–77 Additional Contract Warranty
Provisions for Supplies of a Noncomplex
Nature.
As prescribed in 546.710, insert the
following clause:
*
*
*
*
*
552.246–78
(End of clause)
[Amended]
552.270–1
100. Amend section 552.246–78 by
removing from the clause heading ‘‘(JUL
09)’’ and adding ‘‘(JUL 2009)’’ in its
place.
■ 101. Revise section 552.252–5 to read
as follows:
■
552.252–5 Authorized Deviations in
Provisions.
As prescribed in 552.107–70(a), insert
the following provision:
Authorized Deviations in Provisions (DATE)
(Deviation FAR 52.252–5)
(a) Deviations to FAR provisions. This
solicitation identifies any authorized
deviation to a Federal Acquisition Regulation
(FAR) (48 CFR chapter 1) provision by—
(1) The addition of ‘‘(DEVIATION)’’ after
the date of the FAR provision when an
authorized deviation to a FAR provision is
being used, and
(2) The addition of ‘‘(DEVIATION FAR
(provision number))’’ after the date of the
GSAR provision when a GSAR provision is
being used in lieu of a FAR provision.
(b) Deviations to GSAR provisions. This
solicitation identifies any authorized
deviation to a General Services
Administration Acquisition Regulation
(GSAR) (48 CFR chapter 5) provision by the
addition of ‘‘(DEVIATION)’’ after the date of
the provision.
(c) ‘‘Substantially the same as’’ provisions.
Changes in wording of provisions prescribed
for use on a ‘‘substantially the same as’’ basis
are not considered deviations.
(End of provision)
102. Revise section 552.252–6 to read
as follows:
■
552.252–6
Clauses.
Authorized Deviations in
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As prescribed in 552.107–70(b), insert
the following clause:
Authorized Deviations in Clauses (DATE)
(Deviation FAR 52.252–6)
(a) Deviations to FAR clauses. This
solicitation or contract identifies any
authorized deviation to a Federal Acquisition
Regulation (FAR) (48 CFR chapter 1) clause
by—
(1) The addition of ‘‘(DEVIATION)’’ after
the date of the FAR clause when an
authorized deviation to a FAR clause is being
used, and
(2) The addition of ‘‘(DEVIATION FAR
(clause number))’’ after the date of the GSAR
clause when a GSAR clause is being used in
lieu of a FAR clause.
(b) Deviations to GSAR clauses. This
solicitation or contract identifies any
authorized deviation to a General Services
Administration Acquisition Regulation
(GSAR) (48 CFR chapter 5) clause by the
VerDate Sep<11>2014
16:21 Oct 05, 2021
addition of ‘‘(DEVIATION)’’ after the date of
the clause.
(c) ‘‘Substantially the same as’’ clauses.
Changes in wording of clauses prescribed for
use on a ‘‘substantially the same as’’ basis are
not considered deviations.
Jkt 256001
103. Amend section 552.270–1 by—
a. In Alternate I removing from the
introductory text ‘‘paragraph for
paragraph (c)(2)(i)’’ and adding
‘‘paragraph (c)(2)(i) for paragraph
(c)(2)(i)’’ in its place; and
■ b. In Alternate II removing from the
introductory text ‘‘paragraph for
paragraph (e)(4)’’ and adding
‘‘paragraph (e)(4) for paragraph (e)(4)’’
in its place.
■
■
552.270–31
[Amended]
104. Amend section 552.270–31 by
revising Alternate I to read as follows:
■
552.270–31
Prompt Payment.
*
*
*
*
*
Alternate I (SEP 1999). As prescribed
in 570.703, delete paragraphs (a)(2) and
(b) of the basic clause, and redesignate
the remaining paragraphs accordingly.
PART 570—ACQUIRING LEASEHOLD
INTERESTS IN REAL PROPERTY
105. The authority citation for 48 CFR
part 570 continues to read as follows:
■
Authority: 40 U.S.C. 121(c).
570.701
a. Revising paragraph (a) introductory
text, and the entry for 552.270–4 in
paragraph (a); and
■ b. Revising paragraph (b).
The revisions read as follows:
■
570.703
[Amended]
55525
GSAR contract clauses.
(a) Insert clauses substantially the
same as the following in solicitations
and contracts for leasehold interests in
real property that exceed the simplified
lease acquisition threshold, unless the
contracting officer determines that a
clause is not appropriate. The
contracting officer shall document the
file with the basis for omitting or
substantially changing a clause. A
deviation is not required under section
570.704 to determine that a clause in
this section is not appropriate. The
following clauses may be inserted in
solicitations and contracts for leasehold
interests in real property at or below the
simplified lease acquisition threshold.
*
*
*
*
*
552.270–4 Definitions. Insert this
clause if including the clause at
552.270–28.
*
*
*
*
*
(b) Insert the following clauses in
solicitations and contracts for leasehold
interests in real property:
552.270–30 Price Adjustment for
Illegal or Improper Activity.
552.270–31 Prompt Payment.
552.270–32 Covenant Against
Contingent Fees.
[FR Doc. 2021–20541 Filed 10–5–21; 8:45 am]
[Amended]
BILLING CODE 6820–61–P
106. Amend section 570.701 by
removing from the introductory text
‘‘Include provisions’’ and adding ‘‘Insert
provisions’’ in its place.
■ 107. Amend section 570.702 by
revising the introductory text and the
entry for 552.270–1 to read as follows:
■
570.702
GSAR solicitation provisions.
Each SFO must include provisions
substantially the same as the following,
unless the contracting officer
determines that the provision is not
appropriate. The contracting officer
shall document the file with the basis
for omitting or substantially changing a
provision.
552.270–1 Instructions to Offerors—
Acquisition of Leasehold Interests in
Real Property. Use the provision with its
Alternate I if it is advantageous to the
Government to allow offers to be
submitted up to the exact time specified
for award. Use the provision with its
Alternate II if the Government intends
to award without discussions.
*
*
*
*
*
■ 108. Amend section 570.703 by—
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 660
[Docket No. 210930–0203]
RIN 0648–BK80
Fisheries Off West Coast States;
Effective Dates of West Coast
Groundfish Electronic Monitoring
Program
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Interim final rule; request for
comments.
AGENCY:
This interim final rule revises
regulations to delay implementation of
the Electronic Monitoring (EM) Program
for the West Coast Groundfish Trawl
Rationalization Program. This action
will delay implementation of the EM
SUMMARY:
E:\FR\FM\06OCR1.SGM
06OCR1
55526
Federal Register / Vol. 86, No. 191 / Wednesday, October 6, 2021 / Rules and Regulations
program until at least January 1, 2024.
This change will provide additional
time for industry and prospective
service providers to prepare for
implementation. The change is expected
to strengthen Pacific Fishery
Management Council and industry
support for the EM program and may
increase participation when the EM
program is implemented.
DATES: Effective October 6, 2021
Comments must be received by
November 5, 2021.
ADDRESSES: You may submit comments
on this document, identified by NOAA–
NMFS–2021–0089 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 and
enter NOAA–NMFS–2021–0089 in the
Search box, click the ‘‘Comment’’ icon,
complete the required fields, and enter
or attach your comments.
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).
Electronic Access
jspears on DSK121TN23PROD with RULES1
This interim final rule is accessible at
the Office of the Federal Register
website at https://
www.federalregister.gov. Background
information and documents are
available at the NMFS West Coast
Region website at: https://
www.fisheries.noaa.gov/region/westcoast and at the Pacific Fishery
Management Council’s website at https://
www.pcouncil.org/groundfish/fisherymanagement-plan/groundfishamendments-in-development/.
FOR FURTHER INFORMATION CONTACT:
Colin Sayre, phone: 206–526–4656, or
email: colin.sayre@noaa.gov.
SUPPLEMENTARY INFORMATION:
Background
On June 28, 2019 (84 FR 31146), at the
recommendation of the Pacific Coast
Fishery Management Council (Council),
NMFS published a final rule that
authorized the use of EM in place of
VerDate Sep<11>2014
16:21 Oct 05, 2021
Jkt 256001
human observers to meet requirements
for 100-percent at-sea monitoring for
catcher vessels in the groundfish trawl
catch share fishery (Trawl
Rationalization Program). EM video
systems are used to record catch and
discards by the vessel crew while at sea.
Vessel operators are responsible for
recording catch and discards in a
logbook, which is then used to debit
individual fishing quota (IFQ) accounts
and cooperative allocations. After an
EM vessel completes a fishing trip, the
vessel operator submits the video data
to their third-party EM service provider
for analysis to be used to audit the
vessel operator’s self-reported discard
logbooks. The June 2019 final rule
established requirements for vessel
owners and operators and EM service
providers participating in the EM
program, and for first receivers receiving
catch from EM trips. The June 2019 rule
had an implementation date of January
1, 2021.
At its June 2020 meeting, the Council
recommended a delay in program
implementation until January 1, 2022.
The Council wanted to provide more
time for industry and the Pacific States
Marine Fisheries Commission (PSMFC)
to develop a model for industry to fund
PSMFC for review of video from their
fishing trips. NMFS published a
subsequent proposed rule (85 FR 53313;
August 28, 2020) and final rule (85 FR
74614; November 23, 2020) that delayed
implementation of the EM program until
January 1, 2022 to provide additional
time for industry and prospective
service providers to prepare for
implementation. PSMFC has been
reviewing video data from the
experimental EM Exempted Fishing
Permit (EFP) program, funded by NMFS,
since 2015. The Council recommended
this delay, and NMFS implemented it,
in order to increase industry buy-in and
for success of the EM program at
reducing monitoring costs for the
fishery.
At the June 2021 meeting, the Council
discussed delaying implementation of
all EM program regulations until at least
January 1, 2023. The Council and the
industry have expressed interest in
developing a mechanism for the
industry to fund video review and
storage by PSMFC, and reducing
concerns regarding confidentiality and
Federal record retention. The Council
subsequently transmitted a letter to
NMFS recommending a delay in
implementation of the EM program
regulations and extending the EM EFPs.
At its September 2021 meeting, the
Council made a final recommendation
that the EM program be delayed until
January 2024 at the earliest. NMFS is
PO 00000
Frm 00052
Fmt 4700
Sfmt 4700
implementing this recommendation
through this interim final rule.
NMFS has already received
applications from prospective
companies interested in obtaining an
EM service provider permit for 2022.
NMFS intends to consider any permit
applications already received when the
permanent program begins. Any
applications for EM service provider
permits or EM Authorizations received
by NMFS prior to October 6, 2021 will
be considered for future approval when
the EM program becomes effective.
When reviewing these applications,
NMFS will issue a determination on
whether it is necessary for applicants to
submit updated or additional
application materials.
Summary of Regulations
This action amends § 660.603(b),
which describes EM provider permits
and responsibilities, and § 660.604(e),
which describes vessel and first receiver
responsibilities. This interim final rule
removes the specific dates by which
NMFS will begin accepting EM service
provider and EM Authorization permit
applications for the 2022 fishing year.
These dates were, respectively, May 1,
2021, and September 1, 2021. This rule
will instead create a notification
provision through which NMFS will
provide public notice at least 90 days
prior to the date on which it would
begin accepting initial applications. As
noted above, NMFS has already
received several EM service provider
permit applications and will consider
and review these applications, in
addition to any new applications, when
the program is fully implemented. Upon
review NMFS will make a
determination regarding the status of
each application and may request
updated or additional information as
necessary.
Classification
Pursuant to section 304(b)(1)(A) of the
Magnuson-Stevens Act, the NMFS
Assistant Administrator has determined
that this interim final rule is consistent
with the Pacific Coast Groundfish
Fishery Management Plan, other
provisions of the Magnuson-Stevens
Act, and other applicable law.
The Assistant Administrator for
Fisheries finds that, pursuant to 5 U.S.C.
553(b)(3)(B), there is good cause to
waive prior notice and an opportunity
for public comment on this action, as
notice and comment would be
impracticable, unnecessary, or contrary
to the public interest. Under this
section, an agency, upon finding good
cause, may issue a final rule without
seeking comment prior to the
E:\FR\FM\06OCR1.SGM
06OCR1
Federal Register / Vol. 86, No. 191 / Wednesday, October 6, 2021 / Rules and Regulations
jspears on DSK121TN23PROD with RULES1
rulemaking. This action has critical
timing needs. The regulatory changes
under this action must be in place prior
to January 1, 2022, which is the current
effective date of EM program regulatory
requirements. If these changes are not in
place before that date, NMFS would
need to expend limited agency
resources to temporarily implement the
program (i.e., process, review and issue
permits) until the rulemaking is
completed. Additionally, the regulatory
changes under this action must be
published in advance of the January 1,
2022 effective date to ensure sufficient
time to notify EM service providers and
vessels potentially seeking to submit
applications for EM authorizations for
the 2022 fishing year about changes to
the program. This advance notice will
allow the EM service providers and
vessels to better plan for the 2022
fishing year and avoid them committing
time and resources to a program that
will be delayed for at least two years.
This action would change the effective
date until such time as determined
appropriate by NMFS and the Council
to fully implement the EM program, no
earlier than January 1, 2024. For these
reasons, NMFS finds good cause exists
to issue this interim final rule without
advance notice in a proposed rule or an
opportunity for public comment on this
action. For the same reasons, NMFS also
finds good cause, pursuant to 5 U.S.C.
553(d)(3), to waive the 30-day delay in
the date of effectiveness, so that this
interim final rule may become effective
upon publication in the Federal
Register.
Although NMFS is waiving prior
notice and opportunity for public
comment, we are requesting comments
on this interim final rule until
November 5, 2021. NMFS encourages
the public to participate in this
rulemaking by submitting comments
containing relevant information, data, or
views. This interim final rule may be
amended based on comments received.
Please see ADDRESSES for more
information on the ways to submit
comments.
VerDate Sep<11>2014
16:21 Oct 05, 2021
Jkt 256001
This proposed rule has been
determined to be not significant for
purposes of Executive Order 12866.
Because prior notice and opportunity
for public comment are not required for
this rule by 5 U.S.C. 553, or any other
law, the analytical requirements of the
Regulatory Flexibility Act, 5 U.S.C. 601
et seq., are inapplicable.
This final rule does not contain a
change to a collection of information
requirement for purposes of the
Paperwork Reduction Act of 1995. The
existing collection of information
requirements would continue to apply
under the following OMB Control
Number(s): 0648–0785, West Coast
Region Groundfish Trawl Fishery
Electronic Monitoring Program.
List of Subjects in 50 CFR Part 660
Fisheries, Fishing, and Indian
Fisheries.
Dated: September 30, 2021.
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 660 is amended
as follows:
PART 660—FISHERIES OFF WEST
COAST STATES
1. The authority citation for part 660
continues to read as follows:
■
Authority: 16 U.S.C. 1801 et seq., 16 U.S.C.
773 et seq., and 16 U.S.C 7001 et seq.
2. In § 660.603, revise paragraph (b)
introductory text to read as follows:
■
§ 660.603 Electronic monitoring provider
permits and responsibilities.
*
*
*
*
*
(b) Provider permits. To be an EM
service provider, a person must obtain
an EM service provider permit and
endorsement by submitting an
application to the NMFS West Coast
Region Fisheries Permit Office. NMFS
will issue a public notice at least 90
calendar days prior to when it will
begin accepting applications for EM
service provider permits for the first
PO 00000
Frm 00053
Fmt 4700
Sfmt 9990
55527
year of the Program. A person may meet
some requirements of this section
through a partnership or subcontract
with another entity, in which case the
application for an EM service provider
permit must include information about
the partnership. Once NMFS begins
accepting applications, if a new EM
service provider, or an existing EM
service provider seeking to deploy a
new EMS or software version, submits
an application by June 1, NMFS will
issue a new permit by January 1 of the
following calendar year. Applications
submitted after June 1 will be processed
as soon as practicable. NMFS will only
process complete applications.
Additional endorsements to provide
observer or catch monitor services may
be obtained under § 660.18.
*
*
*
*
*
3. In § 660.604 revise paragraph (e)
introductory text to read as follows:
■
§ 660.604 Vessel and first receiver
responsibilities.
*
*
*
*
*
(e) Electronic Monitoring
Authorization. To obtain an EM
Authorization, a vessel owner must
submit an initial application to the
NMFS West Coast Region Fisheries
Permit Office, and then a final
application that includes an EM system
certification and a vessel monitoring
plan (VMP). NMFS will only review
complete applications. NMFS will issue
a public notice at least 90 calendar days
prior to when it will begin accepting
applications for EM Authorizations for
the first year of the Program. Once
NMFS begins accepting applications,
vessel owners that want to have their
EM Authorizations effective for January
1 of the following calendar year must
submit their complete application to
NMFS by October 1. Vessel owners that
want to have their EM Authorizations
effective for May 15 must submit their
complete application to NMFS by
February 15 of the same year.
*
*
*
*
*
[FR Doc. 2021–21754 Filed 10–5–21; 8:45 am]
BILLING CODE 3510–22–P
E:\FR\FM\06OCR1.SGM
06OCR1
]]>Agencies
[Federal Register Volume 86, Number 191 (Wednesday, October 6, 2021)]
[Rules and Regulations]
[Pages 55525-55527]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-21754]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 660
[Docket No. 210930-0203]
RIN 0648-BK80
Fisheries Off West Coast States; Effective Dates of West Coast
Groundfish Electronic Monitoring Program
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Interim final rule; request for comments.
-----------------------------------------------------------------------
SUMMARY: This interim final rule revises regulations to delay
implementation of the Electronic Monitoring (EM) Program for the West
Coast Groundfish Trawl Rationalization Program. This action will delay
implementation of the EM
[[Page 55526]]
program until at least January 1, 2024. This change will provide
additional time for industry and prospective service providers to
prepare for implementation. The change is expected to strengthen
Pacific Fishery Management Council and industry support for the EM
program and may increase participation when the EM program is
implemented.
DATES: Effective October 6, 2021 Comments must be received by November
5, 2021.
ADDRESSES: You may submit comments on this document, identified by
NOAA-NMFS-2021-0089 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 and enter NOAA-NMFS-2021-0089 in
the Search box, click the ``Comment'' icon, complete the required
fields, and enter or attach your comments.
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).
Electronic Access
This interim final rule is accessible at the Office of the Federal
Register website at https://www.federalregister.gov. Background
information and documents are available at the NMFS West Coast Region
website at: https://www.fisheries.noaa.gov/region/west-coast and at the
Pacific Fishery Management Council's website at https://www.pcouncil.org/groundfish/fishery-management-plan/groundfish-amendments-in-development/.
FOR FURTHER INFORMATION CONTACT: Colin Sayre, phone: 206-526-4656, or
email: [email protected].
SUPPLEMENTARY INFORMATION:
Background
On June 28, 2019 (84 FR 31146), at the recommendation of the
Pacific Coast Fishery Management Council (Council), NMFS published a
final rule that authorized the use of EM in place of human observers to
meet requirements for 100-percent at-sea monitoring for catcher vessels
in the groundfish trawl catch share fishery (Trawl Rationalization
Program). EM video systems are used to record catch and discards by the
vessel crew while at sea. Vessel operators are responsible for
recording catch and discards in a logbook, which is then used to debit
individual fishing quota (IFQ) accounts and cooperative allocations.
After an EM vessel completes a fishing trip, the vessel operator
submits the video data to their third-party EM service provider for
analysis to be used to audit the vessel operator's self-reported
discard logbooks. The June 2019 final rule established requirements for
vessel owners and operators and EM service providers participating in
the EM program, and for first receivers receiving catch from EM trips.
The June 2019 rule had an implementation date of January 1, 2021.
At its June 2020 meeting, the Council recommended a delay in
program implementation until January 1, 2022. The Council wanted to
provide more time for industry and the Pacific States Marine Fisheries
Commission (PSMFC) to develop a model for industry to fund PSMFC for
review of video from their fishing trips. NMFS published a subsequent
proposed rule (85 FR 53313; August 28, 2020) and final rule (85 FR
74614; November 23, 2020) that delayed implementation of the EM program
until January 1, 2022 to provide additional time for industry and
prospective service providers to prepare for implementation. PSMFC has
been reviewing video data from the experimental EM Exempted Fishing
Permit (EFP) program, funded by NMFS, since 2015. The Council
recommended this delay, and NMFS implemented it, in order to increase
industry buy-in and for success of the EM program at reducing
monitoring costs for the fishery.
At the June 2021 meeting, the Council discussed delaying
implementation of all EM program regulations until at least January 1,
2023. The Council and the industry have expressed interest in
developing a mechanism for the industry to fund video review and
storage by PSMFC, and reducing concerns regarding confidentiality and
Federal record retention. The Council subsequently transmitted a letter
to NMFS recommending a delay in implementation of the EM program
regulations and extending the EM EFPs. At its September 2021 meeting,
the Council made a final recommendation that the EM program be delayed
until January 2024 at the earliest. NMFS is implementing this
recommendation through this interim final rule.
NMFS has already received applications from prospective companies
interested in obtaining an EM service provider permit for 2022. NMFS
intends to consider any permit applications already received when the
permanent program begins. Any applications for EM service provider
permits or EM Authorizations received by NMFS prior to October 6, 2021
will be considered for future approval when the EM program becomes
effective. When reviewing these applications, NMFS will issue a
determination on whether it is necessary for applicants to submit
updated or additional application materials.
Summary of Regulations
This action amends Sec. 660.603(b), which describes EM provider
permits and responsibilities, and Sec. 660.604(e), which describes
vessel and first receiver responsibilities. This interim final rule
removes the specific dates by which NMFS will begin accepting EM
service provider and EM Authorization permit applications for the 2022
fishing year. These dates were, respectively, May 1, 2021, and
September 1, 2021. This rule will instead create a notification
provision through which NMFS will provide public notice at least 90
days prior to the date on which it would begin accepting initial
applications. As noted above, NMFS has already received several EM
service provider permit applications and will consider and review these
applications, in addition to any new applications, when the program is
fully implemented. Upon review NMFS will make a determination regarding
the status of each application and may request updated or additional
information as necessary.
Classification
Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Act, the
NMFS Assistant Administrator has determined that this interim final
rule is consistent with the Pacific Coast Groundfish Fishery Management
Plan, other provisions of the Magnuson-Stevens Act, and other
applicable law.
The Assistant Administrator for Fisheries finds that, pursuant to 5
U.S.C. 553(b)(3)(B), there is good cause to waive prior notice and an
opportunity for public comment on this action, as notice and comment
would be impracticable, unnecessary, or contrary to the public
interest. Under this section, an agency, upon finding good cause, may
issue a final rule without seeking comment prior to the
[[Page 55527]]
rulemaking. This action has critical timing needs. The regulatory
changes under this action must be in place prior to January 1, 2022,
which is the current effective date of EM program regulatory
requirements. If these changes are not in place before that date, NMFS
would need to expend limited agency resources to temporarily implement
the program (i.e., process, review and issue permits) until the
rulemaking is completed. Additionally, the regulatory changes under
this action must be published in advance of the January 1, 2022
effective date to ensure sufficient time to notify EM service providers
and vessels potentially seeking to submit applications for EM
authorizations for the 2022 fishing year about changes to the program.
This advance notice will allow the EM service providers and vessels to
better plan for the 2022 fishing year and avoid them committing time
and resources to a program that will be delayed for at least two years.
This action would change the effective date until such time as
determined appropriate by NMFS and the Council to fully implement the
EM program, no earlier than January 1, 2024. For these reasons, NMFS
finds good cause exists to issue this interim final rule without
advance notice in a proposed rule or an opportunity for public comment
on this action. For the same reasons, NMFS also finds good cause,
pursuant to 5 U.S.C. 553(d)(3), to waive the 30-day delay in the date
of effectiveness, so that this interim final rule may become effective
upon publication in the Federal Register.
Although NMFS is waiving prior notice and opportunity for public
comment, we are requesting comments on this interim final rule until
November 5, 2021. NMFS encourages the public to participate in this
rulemaking by submitting comments containing relevant information,
data, or views. This interim final rule may be amended based on
comments received. Please see ADDRESSES for more information on the
ways to submit comments.
This proposed rule has been determined to be not significant for
purposes of Executive Order 12866.
Because prior notice and opportunity for public comment are not
required for this rule by 5 U.S.C. 553, or any other law, the
analytical requirements of the Regulatory Flexibility Act, 5 U.S.C. 601
et seq., are inapplicable.
This final rule does not contain a change to a collection of
information requirement for purposes of the Paperwork Reduction Act of
1995. The existing collection of information requirements would
continue to apply under the following OMB Control Number(s): 0648-0785,
West Coast Region Groundfish Trawl Fishery Electronic Monitoring
Program.
List of Subjects in 50 CFR Part 660
Fisheries, Fishing, and Indian Fisheries.
Dated: September 30, 2021.
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 660 is amended
as follows:
PART 660--FISHERIES OFF WEST COAST STATES
0
1. The authority citation for part 660 continues to read as follows:
Authority: 16 U.S.C. 1801 et seq., 16 U.S.C. 773 et seq., and 16
U.S.C 7001 et seq.
0
2. In Sec. 660.603, revise paragraph (b) introductory text to read as
follows:
Sec. 660.603 Electronic monitoring provider permits and
responsibilities.
* * * * *
(b) Provider permits. To be an EM service provider, a person must
obtain an EM service provider permit and endorsement by submitting an
application to the NMFS West Coast Region Fisheries Permit Office. NMFS
will issue a public notice at least 90 calendar days prior to when it
will begin accepting applications for EM service provider permits for
the first year of the Program. A person may meet some requirements of
this section through a partnership or subcontract with another entity,
in which case the application for an EM service provider permit must
include information about the partnership. Once NMFS begins accepting
applications, if a new EM service provider, or an existing EM service
provider seeking to deploy a new EMS or software version, submits an
application by June 1, NMFS will issue a new permit by January 1 of the
following calendar year. Applications submitted after June 1 will be
processed as soon as practicable. NMFS will only process complete
applications. Additional endorsements to provide observer or catch
monitor services may be obtained under Sec. 660.18.
* * * * *
0
3. In Sec. 660.604 revise paragraph (e) introductory text to read as
follows:
Sec. 660.604 Vessel and first receiver responsibilities.
* * * * *
(e) Electronic Monitoring Authorization. To obtain an EM
Authorization, a vessel owner must submit an initial application to the
NMFS West Coast Region Fisheries Permit Office, and then a final
application that includes an EM system certification and a vessel
monitoring plan (VMP). NMFS will only review complete applications.
NMFS will issue a public notice at least 90 calendar days prior to when
it will begin accepting applications for EM Authorizations for the
first year of the Program. Once NMFS begins accepting applications,
vessel owners that want to have their EM Authorizations effective for
January 1 of the following calendar year must submit their complete
application to NMFS by October 1. Vessel owners that want to have their
EM Authorizations effective for May 15 must submit their complete
application to NMFS by February 15 of the same year.
* * * * *
[FR Doc. 2021-21754 Filed 10-5-21; 8:45 am]
BILLING CODE 3510-22-P
