98-29084. Fisheries of the Northeastern United States; Vessel Monitoring System Power Down Exemption  

  • [Federal Register Volume 63, Number 210 (Friday, October 30, 1998)]
    [Rules and Regulations]
    [Pages 58328-58329]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 98-29084]
    
    
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    DEPARTMENT OF COMMERCE
    
    National Oceanic and Atmospheric Administration
    
    50 CFR Part 648
    
    [Docket No. 980715175-8254-02; I.D. 070198B]
    RIN 0648-AL35
    
    
    Fisheries of the Northeastern United States; Vessel Monitoring 
    System Power Down Exemption
    
    AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
    Atmospheric Administration (NOAA), Commerce.
    
    ACTION: Final rule.
    
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    SUMMARY: NMFS issues this final rule to amend the regulations 
    implementing the Atlantic Sea Scallop and Northeast Multispecies 
    Fishery Management Plans (FMP). This action changes the name ``Vessel 
    Tracking System (VTS)'' to ``Vessel Monitoring System (VMS)'' and 
    changes the VMS operating requirements for vessels to allow the VMS 
    unit to be turned off if the vessel is out of the water continuously 
    for more than 72 consecutive hours, provided the owner of the vessel 
    obtains and complies with a letter of exemption issued to the vessel. 
    The change in VMS operating requirements is necessary to address the 
    lack of available power required to keep VMS units operational when 
    vessels are removed from the water for repair and maintenance.
    
    DATES: Effective November 30, 1998.
    
    ADDRESSES: Copies of the Regulatory Impact Review supporting this 
    action may be obtained from Jon C. Rittgers, Acting Regional 
    Administrator, Northeast Regional Office, NMFS, One Blackburn Drive, 
    Gloucester, MA 01930.
        Comments regarding burden-hour estimates for collection-of-
    information requirements contained in this final rule should be sent to 
    Jon C. Rittgers and the Office of Information and Regulatory Affairs, 
    Office of Management and Budget (OMB), Washington, DC 20502 (Attention: 
    NOAA Desk Officer).
    
    FOR FURTHER INFORMATION CONTACT: Paul H. Jones, Fishery Policy Analyst, 
    978-281-9273.
    
    SUPPLEMENTARY INFORMATION: A proposed rule for this action was 
    published on July 28, 1998 (63 FR 40253). Details of this action are 
    described in the preamble to the proposed rule and will not be repeated 
    here.
    
    Approved Management Measures
    
        Under current regulations, required VTS units, hereinafter referred 
    to as VMS units, in the Atlantic sea scallop fishery must be fully 
    operational at all times and transmit a signal indicating a vessel's 
    accurate position at least every hour, 24 hours a day, without 
    interruption, throughout the year. A vessel out of the water for repair 
    and maintenance may not have an operational power supply available with 
    which to power its VMS unit so that it may transmit hourly position 
    reports. This action amends the operating requirements for a VMS to 
    allow vessels in those fisheries to turn off the VMS unit if the vessel 
    will be out of the water continuously for more than 72 hours. Owners of 
    such vessels must first obtain a letter of exemption issued to the 
    vessel from the Regional Administrator. This amendment is consistent 
    with the primary intent of the original requirement, which was to 
    monitor the at-sea activity of these vessels for compliance with the 
    regulatory requirements.
        In addition to the management measure described above, this final 
    rule also changes the names and related definitions for ``Vessel 
    Tracking System (VTS)'' to ``Vessel Monitoring System (VMS)'' and ``VTS 
    unit'' to ``VMS unit'' to provide consistency with other NMFS Regions.
    
    Comments and Responses
    
        NMFS received written comments on the proposed rule from one 
    individual and one fishing industry association. Specific comments are 
    discussed and responded to here.
        Comment: The fishing industry association supports implementation 
    of the amendment that would allow vessels to turn off the VMS unit if 
    the vessel will be out of the water continuously for more than 72 
    consecutive hours.
        Response: The comment has been noted and the regulatory amendment 
    is approved.
        Comment: One individual and one fishing industry association 
    expressed concern over the requirement of requiring VMS units to be 
    fully operational at all times and transmit a signal indicating a 
    vessel's accurate position at least every hour, 24 hours a day, without 
    interruption, throughout the year. They state that most docks do not 
    have shore power hook-ups, and
    
    [[Page 58329]]
    
    many do not have generators, making the 24-hours a day requirement 
    impractical.
        Response: NMFS understands this problem and may further adjust the 
    VMS power down regulations through a regulatory amendment, if 
    information becomes available to support such a change.
    
    Classification
    
        This final rule has been determined to be not significant for 
    purposes of E.O. 12866.
        The Assistant General Counsel for Legislation and Regulation of the 
    Department of Commerce certified to the Chief Counsel for Advocacy of 
    the Small Business Administration that this rule would not have a 
    significant economic impact on a substantial number of small entities. 
    No comments were received regarding this certification. As a result, a 
    regulatory flexibility analysis was not prepared.
        Notwithstanding any other provision of law, no person is required 
    to respond to, nor shall a person be subject to a penalty for failure 
    to comply with, a collection of information subject to the requirements 
    of the Paperwork Reduction Act (PRA) unless that collection of 
    information displays a currently valid OMB control number.
        The rule contains one new collection-of-information requirement 
    subject to the PRA. The collection-of-information requirement has been 
    approved by the Office of Management and Budget, OMB control number OMB 
    0648-0202.
        The estimated response time includes the time needed for reviewing 
    instructions, searching existing data sources, gathering and 
    maintaining the data needed, and completing and reviewing the 
    collection of information. Public comment is sought regarding whether 
    this collection of information is necessary for the proper performance 
    of the functions of the agency, including whether the information has 
    practical utility; the accuracy of the burden estimate; ways to enhance 
    the quality, utility, and clarity of the information to be collected; 
    and ways to minimize the burden of the collection of information, 
    including through the use of automated collection techniques or other 
    forms of information technology. Send comments regarding this burden 
    estimate or any other aspect of this data collection to NMFS and OMB 
    (see ADDRESSES).
    
    List of Subjects in 50 CFR Part 648
    
        Fisheries, Fishing, Reporting and recordkeeping requirements.
    
        Dated: October 22, 1998.
    Gary Matlock,
    Acting Assistant Administrator for Fisheries, National Marine Fisheries 
    Service.
        For the reasons set out in the preamble, 50 CFR part 648 is amended 
    as follows:
    
    PART 648--FISHERIES OF THE NORTHEASTERN UNITED STATES
    
        1. The authority citation for part 648 continues to read as 
    follows:
        Authority: 16 U.S.C. 1801 et seq.
        2. In Sec. 648.2, the definitions for ``Vessel Tracking System 
    (VTS)'' and ``VTS unit'' are removed, and the definitions for ``Vessel 
    Monitoring System (VMS)'' and ``VMS unit'' are added in alphabetical 
    order to read as follows:
    
    
    
    
    Sec. 648.2  Definitions.
    
    * * * * * 
        Vessel Monitoring System (VMS) means a vessel monitoring system as 
    set forth in Sec. 648.9 and approved by NMFS for use by scallop and NE 
    multispecies vessels, as required by this part.
        VMS unit means a device installed on board a vessel used for vessel 
    monitoring and transmitting the vessel's position as required by this 
    part.
    * * * * *
        3. In Sec. 648.9, the acronym ``VTS'' in the section heading is 
    replaced with the acronym ``VMS'' and paragraph (b)(2), the first 
    sentence of paragraph (b)(5), and paragraphs (b)(7) and (c) are revised 
    to read as follows:
    
    
    Sec. 648.9  VMS requirements.
    
    * * * * *
        (b) * * *
        (2) The VMS shall be fully automatic and operational at all times, 
    regardless of weather and environmental conditions, unless exempted 
    under paragraph (c)(2) of this section.
    * * * * *
        (5) The VMS shall provide accurate hourly position transmissions 
    every day of the year unless exempted under paragraph (c)(2) of this 
    section. * * *
    * * * * *
        (7) The VMS vendor shall be capable of transmitting position data 
    to a NMFS-designated computer system via a modem at a minimum speed of 
    9600 baud. Transmission shall be in a file format acceptable to NMFS.
    * * * * *
        (c) Operating requirements. (1) All required VMS units must 
    transmit a signal indicating the vessel's accurate position at least 
    every hour, 24 hours a day, unless such vessel is exempted under 
    paragraph (c)(2) of this section.
        (2) Power Down Exemption. (i) Any vessel required to have on board 
    a fully operational VMS unit at all times, as specified in paragraph 
    (b)(2) of this section, is exempt from this requirement provided:
        (A) The vessel will be continuously out of the water for more than 
    72 consecutive hours; and
        (B) A valid letter of exemption obtained pursuant to paragraph 
    (c)(2)(ii) of this section has been issued to the vessel and is on 
    board the vessel and the vessel is in compliance with all conditions 
    and requirements of said letter.
        (ii) Letter of Exemption--(A) Application. A vessel owner may apply 
    for a letter of exemption from the operating requirements specified in 
    paragraph (c)(1) of this section for his/her vessel by sending a 
    written request to the Regional Administrator and providing the 
    following: Sufficient information to determine that the vessel will be 
    out of the water for more than 72 continuous hours; the location of the 
    vessel during the time an exemption is sought; and the exact time 
    period for which an exemption is needed (i.e., the time the VMS will be 
    turned off and turned on again).
        (B) Issuance. Upon receipt of an application, the Regional 
    Administrator may issue a letter of exemption to the vessel if it is 
    determined that the vessel owner provided sufficient information as 
    required under paragraph (c)(2)(ii)(A) of this section and that the 
    issuance of the letter of exemption will not jeopardize accurate 
    monitoring of the vessel's DAS. Upon written request, the Regional 
    Administrator may change the time period for which the exemption was 
    granted.
    * * * * *
        4. In addition to the amendments set forth above, the acronym 
    ``VTS'' is replaced with the acronym ``VMS'', and the acronym ``VTSs'' 
    is replaced with the acronym ``VMSs'' wherever they appear throughout 
    the following places:
        a. Section 648.4(c)(2)(iii)(A), (c)(2)(iv)(B), and (e)(1)(iv);
        b. Section 648.7(b)(1)(i) and (b)(1)(iii);
        c. Section 648.9(a), (b) introductory text, (b)(1), (b)(3)-(b)(6), 
    (b)(8)-(b)(9), and (d)-(g);
        d. Section 648.10(a), (b) introductory text, (b)(1), (b)(2), 
    (b)(4), (b)(5), (c) introductory text, (e) introductory text, (e)(1), 
    (e)(1)(ii), and (f)(1); and
        e. Section 648.14(a)(7), (c)(2) introductory text, (c)(2)(i), 
    (c)(2)(ii), (h)(3), and (h)(4).
    [FR Doc. 98-29084 Filed 10-29-98 8:45 am]
    BILLING CODE 3510-22-F
    
    
    

Document Information

Effective Date:
11/30/1998
Published:
10/30/1998
Department:
National Oceanic and Atmospheric Administration
Entry Type:
Rule
Action:
Final rule.
Document Number:
98-29084
Dates:
Effective November 30, 1998.
Pages:
58328-58329 (2 pages)
Docket Numbers:
Docket No. 980715175-8254-02, I.D. 070198B
RINs:
0648-AL35: Vessel Tracking System Power Down Exemption Rule
RIN Links:
https://www.federalregister.gov/regulations/0648-AL35/vessel-tracking-system-power-down-exemption-rule
PDF File:
98-29084.pdf
CFR: (2)
50 CFR 648.2
50 CFR 648.9