Revised Reporting Requirements Due to Catastrophic Conditions for Federal Seafood Dealers and Individual Fishing Quota Dealers in Portions of Florida, 62301-62302 [2023-19504]

Download as PDF Federal Register / Vol. 88, No. 174 / Monday, September 11, 2023 / Rules and Regulations U.S.C. App. 1804; DHS Delegation 00170.1, Revision No. 01.2, paragraph (II)(92)(a); § 175.900 also issued under 44 U.S.C. 3507. ‘‘DUKW amphibious passenger vessel’’ to read as follows: 2. Add § 175.124 to read as follows: § 175.400 Definitions of terms used in this subchapter. ■ § 175.124 Requirements for DUKW Amphibious Passenger Vessels. * No later than January 9, 2024, all operators of a DUKW amphibious passenger vessel, as defined in 46 CFR 175.400, must: (a) Modify the DUKW amphibious passenger vessel to either: (1) Remove the canopies and any window coverings installed for waterborne operations, and require that all passengers wear a lifejacket approved by the Coast Guard, as described in part 180 of this subchapter, before the onset of waterborne operations of the DUKW amphibious passenger vessel; or (2) Install a canopy that does not restrict horizontal or vertical escape by passengers in the event of flooding or sinking. (b) Reengineer the DUKW amphibious passenger vessel to permanently close all unnecessary access plugs and reduce all through-hull penetrations to the minimum number and size necessary for the safe operation or maintenance of the DUKW amphibious passenger vessel. (c) Install an independently powered electric bilge pump(s) with a minimum total pumping capacity of: GPM = 3600 × A × √H ddrumheller on DSK120RN23PROD with RULES1 Where— GPM = The minimum total pumping capacity in gallons per minute. A = The area (in square feet) of the largest hull penetration below a line drawn parallel to and at least 6 inches (150 millimeters) above the deepest load waterline. √H = The square root of the vertical distance in feet from the center of the penetration to the deepest load waterline. (d) Install in the DUKW amphibious passenger vessel not fewer than 4 independently powered bilge alarms. (e) Conduct an in-water inspection of the DUKW amphibious passenger vessel after each time a through-hull penetration of such vessel has been removed or uncovered. (f) Verify through an in-water inspection the watertight integrity of the DUKW amphibious passenger vessel at the outset of each waterborne departure of such vessel. (g) Install within the passenger compartment LED lights capable of operating underwater that activate automatically to aid with emergency egress. ■ 3. Amend § 175.400 by adding in alphabetical order a definition for VerDate Sep<11>2014 15:55 Sep 08, 2023 Jkt 259001 * * * * DUKW amphibious passenger vessel means a vessel that uses, modifies, or is derived from the GMC DUKW–353 design, and is operating as a small passenger vessel in waters subject to the jurisdiction of the United States, as defined in 33 CFR 2.38. * * * * * Dated: September 1, 2023. W.R. Arguin, Rear Admiral, U.S. Coast Guard, Assistant Commandant for Prevention Policy. [FR Doc. 2023–19421 Filed 9–8–23; 8:45 am] BILLING CODE 9110–04–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 622 [Docket Nos. 090206140–91081–03 and 120405260–4258–02; RTID 0648–XD338] Revised Reporting Requirements Due to Catastrophic Conditions for Federal Seafood Dealers and Individual Fishing Quota Dealers in Portions of Florida National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; determination of catastrophic conditions. AGENCY: In accordance with the regulations implementing the individual fishing quota (IFQ) and Federal dealer reporting specific to the commercial reef fish fishery in the Gulf of Mexico (Gulf) and the coastal migratory pelagic (CMP) fisheries in the Gulf, the Regional Administrator (RA), Southeast Region, NMFS has determined that Hurricane Idalia has caused catastrophic conditions in the Gulf for certain Florida counties. This temporary rule authorizes any dealer in the affected area described in this temporary rule who does not have access to electronic reporting to delay reporting of trip tickets to NMFS and authorizes IFQ dealers within the affected area to use paper-based forms, if necessary, for basic required administrative functions, e.g., landing transactions. This temporary rule is intended to facilitate continuation of IFQ and dealer reporting operations during the period of catastrophic conditions. SUMMARY: PO 00000 Frm 00017 Fmt 4700 Sfmt 4700 62301 The RA is authorizing Federal dealers and IFQ dealers in the affected area to use revised reporting methods from September 6, 2023, through October 6, 2023. FOR FURTHER INFORMATION CONTACT: IFQ Customer Service, telephone: 866–425– 7627, email: nmfs.ser.catchshare@ noaa.gov. Federal dealer reporting, Fisheries Monitoring Branch, telephone: 305–361–4581. SUPPLEMENTARY INFORMATION: The reef fish fishery of the Gulf is managed under the Fishery Management Plan (FMP) for Reef Fish Resources of the Gulf of Mexico (Reef Fish FMP), prepared by the Gulf of Mexico Fishery Management Council (Gulf Council). The CMP fishery is managed under the FMP for CMP Resources in the Gulf of Mexico and Atlantic Region (CMP FMP), prepared by the Gulf Council and South Atlantic Fishery Management Council. Both FMPs are implemented through regulations at 50 CFR part 622 under the authority of the MagnusonStevens Fishery Conservation and Management Act (Magnuson-Stevens Act). The Generic Dealer Amendment established Federal dealer reporting requirements for federally permitted dealers in the Gulf and South Atlantic (79 FR 19490, April 9, 2014). Amendment 26 to the Reef Fish FMP established an IFQ program for the commercial red snapper component of the Gulf reef fish fishery (71 FR 67447, November 22, 2006). Amendment 29 to the Reef Fish FMP established an IFQ program for the commercial grouper and tilefish components of the Gulf reef fish fishery (74 FR 44732, August 31, 2009). Regulations implementing these dealer reporting requirements (50 CFR 622.5(c)) and IFQ programs (50 CFR 622.21 and 622.22) require that Federal dealers and IFQ participants have access to a computer and internet and that they conduct administrative functions associated with dealer reporting and the IFQ program, e.g., landing transactions, online. However, these regulations also specify that during catastrophic conditions, as determined by the RA, the RA may waive or modify the reporting time requirements for Federal dealers and authorize both Federal dealers and IFQ participants to use paper-based forms to complete administrative functions for the duration of the catastrophic conditions. The RA must determine that catastrophic conditions exist, specify the duration of the catastrophic conditions, and specify which participants or geographic areas are deemed affected. DATES: E:\FR\FM\11SER1.SGM 11SER1 62302 Federal Register / Vol. 88, No. 174 / Monday, September 11, 2023 / Rules and Regulations ddrumheller on DSK120RN23PROD with RULES1 Hurricane Idalia made landfall in the U.S. near Keaton Beach, Florida, in the Gulf as a Category 3 hurricane on August 30, 2023. Strong winds and flooding from this hurricane impacted communities throughout the Big Bend region of coastal Florida. This resulted in power outages and damage to homes, businesses, and infrastructure. As a result, the RA has determined that catastrophic conditions exist in the Gulf for the Florida counties of Levy, Dixie, Taylor, and Jefferson. Through this temporary rule, the RA is authorizing Federal dealers to delay reporting of trip tickets to NMFS and IFQ participants in the affected area to use paper-based forms, from September 6, 2023, through October 6, 2023. NMFS will provide additional notification to affected dealers via NOAA Weather Radio, Fishery Bulletins, and other appropriate means. NMFS will continue to monitor and re-evaluate the areas and duration of the catastrophic conditions, as necessary. Dealers may delay electronic reporting of trip tickets to NMFS during catastrophic conditions. Dealers are to report all landings to NMFS as soon as possible. Assistance for Federal dealers in affected area is available from the NMFS Fisheries Monitoring Branch at 1–305–361–4581. NMFS previously provided Federal dealers and IFQ participants with the necessary paper forms and instructions for submission in the event of catastrophic conditions. Paper forms are also available from the RA upon request. The electronic systems for submitting information to NMFS will continue to be available to VerDate Sep<11>2014 15:55 Sep 08, 2023 Jkt 259001 all dealers, and dealers in the affected area are encouraged to continue using these systems, if accessible. The administrative program functions available to IFQ participants in the area affected by catastrophic conditions will be limited under the paper-based system. There will be no mechanism for transfers of IFQ shares or allocation under the paper-based system in effect during catastrophic conditions. Assistance in complying with the requirements of the paper-based system will be available via the NMFS Catch Share Support line, 1–866–425–7627 Monday through Friday, between 8 a.m. and 4:30 p.m., Eastern Time. Classification NMFS issues this action pursuant to section 305(d) of the Magnuson-Stevens Act. This action is consistent with the regulations in 50 CFR 622.5(c)(1)(iii), 622.21(a)(3)(iii), and 622.22(a)(3)(iii), which were issued pursuant to section 304(b) of the Magnuson-Stevens Act, and is exempt from review under Executive Order 12866. Pursuant to 5 U.S.C. 553(b)(B), there is good cause to waive prior notice and an opportunity for public comment on this action, as notice and comment are unnecessary and contrary to the public interest. Such procedures are unnecessary because the final rules implementing the Gulf and Federal dealer reporting requirements and the Gulf IFQ programs, have already been subject to notice and public comment. These rules authorize the RA to determine when catastrophic conditions exist, and which participants or geographic areas are deemed affected by PO 00000 Frm 00018 Fmt 4700 Sfmt 9990 catastrophic conditions. The final rules also authorize the RA to provide timely notice to affected participants via publication of notification in the Federal Register, NOAA Weather Radio, Fishery Bulletins, and other appropriate means. All that remains is to notify the public that catastrophic conditions exist, that Federal dealers and IFQ participants may use paper forms, and that Federal dealers may submit delayed reports. Such procedures are also contrary to the public interest because of the need to immediately implement this action because affected dealers continue to receive these species in the affected area and need a means of completing their landing transactions. With the power outages and damages to infrastructure that have occurred in the affected area due to Hurricane Idalia, numerous businesses are unable to complete landings transactions, fishing reports, and dealer reports electronically. In order to continue with their businesses, IFQ participants need to be aware they can report using the paper forms, and Federal dealers need to be aware that they can delay reporting. For the aforementioned reasons, there is good cause to waive the 30-day delay in the effectiveness of this action under 5 U.S.C. 553(d)(3). Authority: 16 U.S.C. 1801 et seq. Dated: September 6, 2023. Jennifer M. Wallace, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2023–19504 Filed 9–6–23; 4:15 pm] BILLING CODE 3510–22–P E:\FR\FM\11SER1.SGM 11SER1

Agencies

[Federal Register Volume 88, Number 174 (Monday, September 11, 2023)]
[Rules and Regulations]
[Pages 62301-62302]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-19504]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket Nos. 090206140-91081-03 and 120405260-4258-02; RTID 0648-XD338]


Revised Reporting Requirements Due to Catastrophic Conditions for 
Federal Seafood Dealers and Individual Fishing Quota Dealers in 
Portions of Florida

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

ACTION: Temporary rule; determination of catastrophic conditions.

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

SUMMARY: In accordance with the regulations implementing the individual 
fishing quota (IFQ) and Federal dealer reporting specific to the 
commercial reef fish fishery in the Gulf of Mexico (Gulf) and the 
coastal migratory pelagic (CMP) fisheries in the Gulf, the Regional 
Administrator (RA), Southeast Region, NMFS has determined that 
Hurricane Idalia has caused catastrophic conditions in the Gulf for 
certain Florida counties. This temporary rule authorizes any dealer in 
the affected area described in this temporary rule who does not have 
access to electronic reporting to delay reporting of trip tickets to 
NMFS and authorizes IFQ dealers within the affected area to use paper-
based forms, if necessary, for basic required administrative functions, 
e.g., landing transactions. This temporary rule is intended to 
facilitate continuation of IFQ and dealer reporting operations during 
the period of catastrophic conditions.

DATES: The RA is authorizing Federal dealers and IFQ dealers in the 
affected area to use revised reporting methods from September 6, 2023, 
through October 6, 2023.

FOR FURTHER INFORMATION CONTACT: IFQ Customer Service, telephone: 866-
425-7627, email: [email protected]. Federal dealer 
reporting, Fisheries Monitoring Branch, telephone: 305-361-4581.

SUPPLEMENTARY INFORMATION: The reef fish fishery of the Gulf is managed 
under the Fishery Management Plan (FMP) for Reef Fish Resources of the 
Gulf of Mexico (Reef Fish FMP), prepared by the Gulf of Mexico Fishery 
Management Council (Gulf Council). The CMP fishery is managed under the 
FMP for CMP Resources in the Gulf of Mexico and Atlantic Region (CMP 
FMP), prepared by the Gulf Council and South Atlantic Fishery 
Management Council. Both FMPs are implemented through regulations at 50 
CFR part 622 under the authority of the Magnuson-Stevens Fishery 
Conservation and Management Act (Magnuson-Stevens Act).
    The Generic Dealer Amendment established Federal dealer reporting 
requirements for federally permitted dealers in the Gulf and South 
Atlantic (79 FR 19490, April 9, 2014). Amendment 26 to the Reef Fish 
FMP established an IFQ program for the commercial red snapper component 
of the Gulf reef fish fishery (71 FR 67447, November 22, 2006). 
Amendment 29 to the Reef Fish FMP established an IFQ program for the 
commercial grouper and tilefish components of the Gulf reef fish 
fishery (74 FR 44732, August 31, 2009). Regulations implementing these 
dealer reporting requirements (50 CFR 622.5(c)) and IFQ programs (50 
CFR 622.21 and 622.22) require that Federal dealers and IFQ 
participants have access to a computer and internet and that they 
conduct administrative functions associated with dealer reporting and 
the IFQ program, e.g., landing transactions, online. However, these 
regulations also specify that during catastrophic conditions, as 
determined by the RA, the RA may waive or modify the reporting time 
requirements for Federal dealers and authorize both Federal dealers and 
IFQ participants to use paper-based forms to complete administrative 
functions for the duration of the catastrophic conditions. The RA must 
determine that catastrophic conditions exist, specify the duration of 
the catastrophic conditions, and specify which participants or 
geographic areas are deemed affected.

[[Page 62302]]

    Hurricane Idalia made landfall in the U.S. near Keaton Beach, 
Florida, in the Gulf as a Category 3 hurricane on August 30, 2023. 
Strong winds and flooding from this hurricane impacted communities 
throughout the Big Bend region of coastal Florida. This resulted in 
power outages and damage to homes, businesses, and infrastructure. As a 
result, the RA has determined that catastrophic conditions exist in the 
Gulf for the Florida counties of Levy, Dixie, Taylor, and Jefferson.
    Through this temporary rule, the RA is authorizing Federal dealers 
to delay reporting of trip tickets to NMFS and IFQ participants in the 
affected area to use paper-based forms, from September 6, 2023, through 
October 6, 2023. NMFS will provide additional notification to affected 
dealers via NOAA Weather Radio, Fishery Bulletins, and other 
appropriate means. NMFS will continue to monitor and re-evaluate the 
areas and duration of the catastrophic conditions, as necessary.
    Dealers may delay electronic reporting of trip tickets to NMFS 
during catastrophic conditions. Dealers are to report all landings to 
NMFS as soon as possible. Assistance for Federal dealers in affected 
area is available from the NMFS Fisheries Monitoring Branch at 1-305-
361-4581. NMFS previously provided Federal dealers and IFQ participants 
with the necessary paper forms and instructions for submission in the 
event of catastrophic conditions. Paper forms are also available from 
the RA upon request. The electronic systems for submitting information 
to NMFS will continue to be available to all dealers, and dealers in 
the affected area are encouraged to continue using these systems, if 
accessible.
    The administrative program functions available to IFQ participants 
in the area affected by catastrophic conditions will be limited under 
the paper-based system. There will be no mechanism for transfers of IFQ 
shares or allocation under the paper-based system in effect during 
catastrophic conditions. Assistance in complying with the requirements 
of the paper-based system will be available via the NMFS Catch Share 
Support line, 1-866-425-7627 Monday through Friday, between 8 a.m. and 
4:30 p.m., Eastern Time.

Classification

    NMFS issues this action pursuant to section 305(d) of the Magnuson-
Stevens Act. This action is consistent with the regulations in 50 CFR 
622.5(c)(1)(iii), 622.21(a)(3)(iii), and 622.22(a)(3)(iii), which were 
issued pursuant to section 304(b) of the Magnuson-Stevens Act, and is 
exempt from review under Executive Order 12866.
    Pursuant to 5 U.S.C. 553(b)(B), there is good cause to waive prior 
notice and an opportunity for public comment on this action, as notice 
and comment are unnecessary and contrary to the public interest. Such 
procedures are unnecessary because the final rules implementing the 
Gulf and Federal dealer reporting requirements and the Gulf IFQ 
programs, have already been subject to notice and public comment. These 
rules authorize the RA to determine when catastrophic conditions exist, 
and which participants or geographic areas are deemed affected by 
catastrophic conditions. The final rules also authorize the RA to 
provide timely notice to affected participants via publication of 
notification in the Federal Register, NOAA Weather Radio, Fishery 
Bulletins, and other appropriate means. All that remains is to notify 
the public that catastrophic conditions exist, that Federal dealers and 
IFQ participants may use paper forms, and that Federal dealers may 
submit delayed reports. Such procedures are also contrary to the public 
interest because of the need to immediately implement this action 
because affected dealers continue to receive these species in the 
affected area and need a means of completing their landing 
transactions. With the power outages and damages to infrastructure that 
have occurred in the affected area due to Hurricane Idalia, numerous 
businesses are unable to complete landings transactions, fishing 
reports, and dealer reports electronically. In order to continue with 
their businesses, IFQ participants need to be aware they can report 
using the paper forms, and Federal dealers need to be aware that they 
can delay reporting.
    For the aforementioned reasons, there is good cause to waive the 
30-day delay in the effectiveness of this action under 5 U.S.C. 
553(d)(3).
    Authority: 16 U.S.C. 1801 et seq.

    Dated: September 6, 2023.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2023-19504 Filed 9-6-23; 4:15 pm]
BILLING CODE 3510-22-P


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