[Federal Register Volume 79, Number 111 (Tuesday, June 10, 2014)]
[Proposed Rules]
[Pages 33160-33163]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-13282]


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DEPARTMENT OF TRANSPORTATION

Maritime Administration

46 CFR Part 356

[Docket Number MARAD-2014-0043]
RIN 2133-AB86


Requirements To Document U.S.-Flag Fishing Industry Vessels of 
100 Feet or Greater in Registered Length

AGENCY: Maritime Administration, DOT.

ACTION: Notice of proposed rulemaking, request for comments.

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SUMMARY: The Maritime Administration (``MARAD'') is soliciting public 
comments on amendments to its regulations which implement new 
requirements regarding certain large fishing industry vessels set forth 
in the American Fisheries Act of 1998, as amended by the Coast Guard 
Authorization Act of 2010 (``CGAA'') and the Coast Guard and Maritime 
Transportation Act of 2012 (``CGMTA''). The proposed revisions to the 
regulation adds two new exceptions to the restrictions on the 
eligibility of vessels over 165 feet in registered length to be 
documented with fishery endorsements, eliminates the 15-day application 
deadline for vessels whose fishery endorsements have become invalid, 
limits fishery endorsement eligibility for certain large fishing 
industry vessels, and eliminates certain exemptions for specific 
vessels that were deleted in the CGMTA.

DATES: Comments must be received on or before August 11, 2014. MARAD 
will consider comments filed after this date to the extent practicable.

ADDRESSES: You may submit comments identified by DOT Docket Number 
MARAD-2014-0043 by any of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Search MARAD-2014-0043 and follow the instructions for submitting 
comments.
     Email: Rulemakings.MARAD@dot.gov. Include MARAD-2014-0043 
in the subject line of the message.
     Fax: (202) 493-2251.
     Mail: Docket Management Facility, U.S. Department of 
Transportation, 1200 New Jersey Avenue SE., West Building, Room W12-
140, Washington, DC 20590. If you would like to know that your comments 
reached the facility, please enclose a stamped, self-addressed postcard 
or envelope.
     Hand Delivery/Courier: Docket Management Facility, U.S. 
Department of Transportation, 1200 New Jersey Avenue SE., West 
Building, Room W12-140, Washington, DC 20590. The Docket Management 
Facility is open 9 a.m. to 5 p.m., Monday through Friday, except on 
Federal holidays.

    Note:  If you fax, mail or hand deliver your input we recommend 
that you include your name and a mailing address, an email address, 
or a telephone number in the body of your document so that we can 
contact you if we have questions regarding your submission. If you 
submit your inputs by mail or hand delivery, submit them in an 
unbound format, no larger than 8 \1/2\ by 11 inches, suitable for 
copying and electronic filing.

    Instructions: All submissions received must include the agency name 
and docket number or Regulatory Information Number (RIN) for this 
rulemaking. All comments received will be posted without change to the 
docket at www.regulations.gov, including any personal information 
provided. For detailed instructions on submitting comments and 
additional information on the rulemaking process, see the section 
entitled Public Participation.

FOR FURTHER INFORMATION CONTACT: You may contact Michael C. Pucci, 
Attorney Advisor, Division of Maritime Programs, Maritime 
Administration, at (202) 366-5320. You may send mail to Michael C. 
Pucci at Maritime Administration, 1200 New Jersey Avenue SE., MAR 222, 
W24-217, Washington, DC 20590-0001. You may send electronic mail to

[[Page 33161]]

Michael.Pucci@dot.gov. If you have questions on viewing the Docket, 
call Cheryl Collins, Program Manager, Docket Operations, telephone: 
(800) 647-5527.

SUPPLEMENTARY INFORMATION: 

Background

    Section 602(a) of the CGAA added two new exceptions to the 
restrictions on the eligibility of vessels over 165 feet in registered 
length to be documented with fishery endorsements found at 46 U.S.C. 
12113(d): (1) Replaced or rebuilt vessels and (2) fish tender vessels. 
CGAA also eliminated the 15-day application deadline for vessels whose 
fishery endorsements had become invalid. Exemptions from the large 
fishing industry vessel restrictions are found in our regulations at 46 
CFR 356.47.
    In addition, section 601(b)(2) of the CGAA repealed section 203(g) 
of the AFA, which exempted particular vessels from the ownership 
requirements of 46 U.S.C. 12113. These exempt vessels are currently 
listed in our regulations at 46 CFR 356.51.
    Section 307 of the CGMTA added further restrictions on large 
vessels under 46 U.S.C. 12113(d) by limiting those vessels from 
participating in the non-AFA trawl catcher processor subsector.
    Accordingly, MARAD finds it necessary to update its regulations 
under 46 CFR part 356 to reflect these amendments to the AFA and 46 
U.S.C. 12113.

Public Participation

    Your comments must be written and in English. To ensure that your 
comments are correctly filed in the Docket, please include the docket 
number in your comments. MARAD encourages you to provide concise 
comments. However, you may attach necessary additional documents to 
your comments. There is no limit on the length of the attachments. 
Please submit your comments, including the attachments, following the 
instructions provided under the above heading entitled ADDRESSES.
    If you wish to submit any information under a claim of 
confidentiality, you should submit three copies of your complete 
submission, including the information you claim to be confidential 
business information, to the Department of Transportation, Maritime 
Administration, Office of Legislation and Regulations, MAR-225, W24-
220, 1200 New Jersey Avenue SE., Washington, DC 20590. When you send 
comments containing information claimed to be confidential information, 
you should include a cover letter setting forth with specificity the 
basis for any such claim.
    MARAD will consider all comments received before the close of 
business on the comment closing date indicated above under DATES. To 
the extent possible, MARAD will also consider comments received after 
that date. If a comment is received too late for MARAD to consider in 
developing a final rule (assuming that one is issued), MARAD will 
consider that comment as an informal suggestion for future rulemaking 
action.
    For access to the docket to read background documents, including 
those referenced in this document, or to submit or read comments 
received, go to the Docket Management Facility, U.S. Department of 
Transportation, 1200 New Jersey Avenue SE., West Building, Room W12-
140, Washington, DC 20590. The Docket Management Facility is open 9 
a.m. to 5 p.m., Monday through Friday, except on Federal holidays. To 
review documents, read comments or to submit comments, the docket is 
also available online at http://www.regulations.gov, keyword search 
MARAD-2014-0043.
    Please note that even after the comment period has closed, MARAD 
will continue to file relevant information in the Docket as it becomes 
available. Further, some people may submit late comments. Accordingly, 
MARAD recommends that you periodically check the Docket for new 
material.

Privacy Act

    Anyone is able to search the electronic form of all comments 
received into any of our dockets by the name of the individual 
submitting the comment (or signing the comment, if submitted on behalf 
of an association, business, labor union, etc.). You may review the DOT 
Privacy Act system of records notice for the Federal Docket Management 
System (FDMS) in the Federal Register published on January 17, 2008, 
(73 FR 3316) at http://edocket.access.gpo.gov/2008/pdf/E8-785.pdf.

Rulemaking Analysis and Notices

    Executive Orders 12866 (Regulatory Planning and Review), 13563 
(Improving Regulation and Regulatory Review) and DOT Regulatory 
Policies and Procedures. Under E.O. 12866 (58 FR 51735, October 4, 
1993), supplemented by E.O. 13563 (76 FR 3821, January 18, 2011) and 
DOT policies and procedures, MARAD must determine whether a regulatory 
action is ``significant,'' and therefore subject to OMB review and the 
requirements of the E.O. The Order defines ``significant regulatory 
action'' as one likely to result in a rule that may: (1) Have an annual 
effect on the economy of $100 million or more or adversely affect in a 
material way the economy, a sector of the economy, productivity, 
competition, jobs, the environment, public health or safety, or State, 
local, or tribal government or communities. (2) Create a serious 
inconsistency or otherwise interfere with an action taken or planned by 
another Agency. (3) Materially alter the budgetary impact of 
entitlements, grants, user fees, or loan programs or the rights and 
obligations of recipients thereof. (4) Raise novel legal or policy 
issues arising out of legal mandates, the President's priorities, or 
the principles set forth in the E.O.
    MARAD has determined that this notice of proposed rulemaking is not 
considered a significant regulatory action under section 3(f) of 
Executive Order 12866 and, therefore, it was not reviewed by the Office 
of Management and Budget. This rulemaking will not result in an annual 
effect on the economy of $100 million or more. It is also not 
considered a major rule for purposes of Congressional review under 
Public Law 104-121. This rulemaking is also not significant under the 
Regulatory Policies and Procedures of the Department of Transportation 
(44 FR 11034, February 26, 1979). The costs and overall economic impact 
of this rulemaking do not require further analysis.

Executive Order 13132 (Federalism)

    We analyzed this rulemaking in accordance with the principles and 
criteria contained in Executive Order 13132 (``Federalism'') and have 
determined that it does not have sufficient Federalism implications to 
warrant the preparation of a Federalism summary impact statement. This 
rulemaking has no substantial effect on the States, or on the current 
Federal-State relationship, or on the current distribution of power and 
responsibilities among the various local officials. Nothing in this 
document preempts any State law or regulation. Therefore, MARAD did not 
consult with State and local officials because it was not necessary.

Executive Order 13175 (Consultation and Coordination With Indian Tribal 
Governments)

    MARAD does not believe that this rulemaking will significantly or 
uniquely affect the communities of Indian tribal governments when 
analyzed under the principles and

[[Page 33162]]

criteria contained in Executive Order 13175 (Consultation and 
Coordination with Indian Tribal Governments). Therefore, the funding 
and consultation requirements of this Executive Order do not apply.

Executive Order 12372 (Intergovernmental Review)

    The regulations implementing Executive Order 12372 regarding 
intergovernmental consultation on Federal programs and activities do 
not apply to this rulemaking.

Regulatory Flexibility Act

    The Regulatory Flexibility Act of 1980 requires MARAD to assess 
whether this rulemaking would have a significant economic impact on a 
substantial number of small entities and to minimize any adverse 
impact. MARAD certifies that this rulemaking will not have a 
significant economic impact on a substantial number of small entities.

Environmental Assessment

    We have analyzed this rulemaking for purposes of compliance with 
the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) 
and have concluded that under the categorical exclusions provision in 
section 4.05 of Maritime Administrative Order (MAO) 600-1, ``Procedures 
for Considering Environmental Impacts,'' 50 FR 11606 (March 22, 1985), 
neither the preparation of an Environmental Assessment, an 
Environmental Impact Statement, nor a Finding of No Significant Impact 
for this rulemaking is required. This rulemaking has no environmental 
impact.

Executive Order 13211 (Energy Supply, Distribution, or Use)

    MARAD has determined that this rulemaking will not significantly 
affect energy supply, distribution, or use. Therefore, no Statement of 
Energy Effects is required.

Executive Order 13045 (Protection of Children)

    Executive Order 13045, Protection of Children from Environmental 
Health Risks and Safety Risks, requires agencies issuing ``economically 
significant'' rules that involve an environmental health or safety risk 
that may disproportionately affect children, to include an evaluation 
of the regulation's environmental health and safety effects on 
children. As discussed previously, this rulemaking is not economically 
significant, and will cause no environmental or health risk that 
disproportionately affects children.

Executive Order 12988 (Civil Justice Reform)

    This action meets applicable standards in sections 3(a) and 3(b)(2) 
of E.O. 12988, Civil Justice Reform, to minimize litigation, eliminates 
ambiguity, and reduce burden.

Executive Order 12630 (Taking of Private Property)

    This rulemaking will not effect a taking of private property or 
otherwise have taking implications under Executive Order 12630, 
Governmental Actions and Interference with Constitutionally Protected 
Property Rights.

International Trade Impact Assessment

    This rulemaking is not expected to contain standards-related 
activities that create unnecessary obstacles to the foreign commerce of 
the United States.

Privacy Impact Assessment

    Section 522(a)(5) of the Transportation, Treasury, Independent 
Agencies, and General Government Appropriations Act, 2005 (Pub. L. 108-
447, div. H, 118 Stat. 2809 at 3268) requires the Department of 
Transportation and certain other Federal agencies to conduct a privacy 
impact assessment of each proposed rule that will affect the privacy of 
individuals. Claims submitted under this rule will be treated the same 
as all legal claims received by MARAD. The processing and treatment of 
any claim within the scope of this rulemaking by MARAD shall comply 
with all legal, regulatory and policy requirements regarding privacy.

Unfunded Mandates Reform Act of 1995

    The Unfunded Mandates Reform Act of 1995 requires Agencies to 
evaluate whether an Agency action would result in the expenditure by 
State, local, and tribal governments, in the aggregate, or by the 
private sector, of $141.3 million or more (as adjusted for inflation) 
in any 1 year, and if so, to take steps to minimize these unfunded 
mandates. This rulemaking will not impose unfunded mandates under the 
Unfunded Mandates Reform Act of 1995. It will not result in costs of 
$141.3 million or more to either State, local, or tribal governments, 
in the aggregate, or to the private sector, and is the least burdensome 
alternative that achieves the objectives of the rule.

Regulation Identifier Number (RIN)

    A regulation identifier number (RIN) is assigned to each regulatory 
action listed in the Unified Agenda of Federal Regulations. The 
Regulatory Information Service Center publishes the Unified Agenda in 
April and October of each year. The RIN number contained in the heading 
of this document can be used to cross-reference this action with the 
Unified Agenda.

Paperwork Reduction Act

    Under the Paperwork Reduction Act of 1995 (PRA) (44 U.S.C. 3501 et 
seq.), Federal agencies must obtain approval from OMB for each 
collection of information they conduct, sponsor, or require through 
regulations. This rulemaking proposes to update the regulations with 
two new exceptions to the restrictions on the eligibility of vessels 
over 165 feet in registered length to be documented with fishery 
endorsements, removes certain exemptions relating to specific vessels, 
and adds restrictions on large vessels by limiting those vessels from 
participating in the non-AFA trawl catcher processor subsector. This 
rulemaking contains no new or amended information collection or 
recordkeeping requirements that have been approved or require approval 
by the Office of Management and Budget.

List of Subjects in 46 CFR Part 356

    Citizenship and naturalization, Fishing vessels, Mortgages, 
Penalties, Reporting and recordkeeping requirements, Vessels.

    For the reasons set out in the preamble, the Maritime 
Administration proposes to amend 46 CFR part 356 as follows:

PART 356--REQUIREMENTS FOR VESSELS OF 100 FEET OR GREATER IN 
REGISTERED LENGTH TO OBTAIN A FISHERY ENDORSEMENT TO THE VESSEL'S 
DOCUMENTATION

0
1. The authority citation for part 356 continues to read as follows:

    Authority:  46 U.S.C. 12102; 46 U.S.C. 31322; Pub. L. 105-277, 
division C, title II, subtitle I, section 203 (46 U.S.C. 12102 
note), section 210(e), and section 213(g), 112 Stat. 2681; Pub. L. 
107-20, section 2202, 115 Stat. 168-170; 49 CFR 1.66.

0
2. Revise Sec.  356.47(b) to read as follows:
    (b) A vessel that meets one or more of the conditions in paragraph 
(a) of this section may still be eligible for a fishery endorsement if:
    (1) A certificate of documentation was issued for the vessel and 
endorsed with a fishery endorsement that was effective on September 25, 
1997;
    (2) The vessel--
    (i) is either a rebuilt vessel or replacement vessel under section 
208(g) of the American Fisheries Act (title II of

[[Page 33163]]

division C of Pub. L. 105-277; 112 Stat. 2681-627);
    (ii) is eligible for a fishery endorsement under this section; and
    (iii) in the case of a vessel listed in paragraphs (1) through (20) 
of section 208(e) of the American Fisheries Act (title II of division C 
of Pub. L. 105-277; 112 Stat. 2681-625 et seq.) is neither 
participating in nor eligible to participate in the non-AFA trawl 
catcher processor subsector (as that term is defined under section 
219(a)(7) of the Department of Commerce and Related Appropriations Act, 
2005 (Pub. L. 108-447; 118 Stat. 2887); or
    (3) The vessel is a fish tender vessel that is not engaged in 
harvesting or processing of fish.
0
3. Revise Sec.  356.47(c) to read as follows:
    (c) A vessel that is prohibited from receiving a fishery 
endorsement under paragraph (a) of this section will be eligible if the 
owner of such vessel demonstrates to MARAD that
    (i) The regional fishery management council of jurisdiction 
established under section 302(a)(1) of the Magnuson-Stevens Fishery 
Conservation and Management Act (16 U.S.C. 1852(a)(1)) has recommended 
after October 21, 1998, and the Secretary of Commerce has approved, 
conservation and management measures in accordance with the American 
Fisheries Act (Pub. L. 105-277, div. C, title II) (16 U.S.C. 1851 note) 
to allow the vessel to be used in fisheries under the 
council'sAuthority; and
    (ii) In the case of a vessel listed in paragraphs (1) through (20) 
of section 208(e) of the American Fisheries Act (title II of division C 
of Pub. L. 105-277; 112 Stat. 2681-625 et seq.), the vessel is neither 
participating in nor eligible to participate in the non-AFA trawl catch 
processor subsector (as that term is defined under section 219(a)(7) of 
the Department of Commerce and Related Agencies Appropriations Act, 
2005 (Pub. L. 108-447; 118 Stat. 2887)).
0
4. Remove Sec.  356.51(a) through (d) and redesignate Sec.  356.51(e) 
through (f) as Sec.  356.51(a) and (b), respectively.

    By Order of the Maritime Administrator.

    Dated: June 3, 2014.
Christine Gurland,
Acting Secretary, Maritime Administration.
[FR Doc. 2014-13282 Filed 6-9-14; 8:45 am]
BILLING CODE 4910-81-P