Federal Register / Vol. 88, No. 174 / Monday, September 11, 2023 / Rules and Regulations 62301 

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. 

■ 2. Add § 175.124 to read as follows: 

§ 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 

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 

‘‘DUKW amphibious passenger vessel’’ 

to read as follows: 

§ 175.400 Definitions of terms used in this 

subchapter. 

* * * * * 

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 

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: 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. 


ddrumheller on DSK120RN23PROD with RULES1
62302 Federal Register / Vol. 88, No. 174 / Monday, September 11, 2023 / Rules and Regulations 

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 


ddrumheller on DSK120RN23PROD with RULES1