46672 Federal Register / Vol. 62, No. 171 / Thursday, September 4, 1997 / Rules and Regulations

Enforcement Fairness Act of 1996 (Pub.

L. 104–121), the Coast Guard will assist

small entities in understanding the rule

so that they can better evaluate its

effects on them and participate in the

rulemaking process. If you need

assistance in understanding this rule

contact the Coast Guard where indicated

under FOR FURTHER INFORMATION

CONTACT.

Collection of Information

This rule contains no information

collection requirements under the

Paperwork Reduction Act (44 U.S.C.

3501–3520).

Federalism

The Coast Guard has analyzed this

rule under the principles and criteria

contained in Executive Order 12612 and

has determined that this rule does not

have sufficient federalism implications

to warrant the preparation of a

Federalism Assessment.

Unfunded Mandates Reform Act

Title II of the Unfunded Mandates

Reform Act of 1995 (UMRA), Public

Law 104–4 (109 Stat. 48), requires

Federal agencies to assess the effects of

certain regulatory actions on State,

local, and tribal governments and the

private sector. Under sections 202 and

205 of the UMRA, the Coast Guard

generally must prepare a written

statement of economic and regulatory

alternatives for proposed and final rules

that contain Federal mandates. The Act

applies if those mandates cause State,

local, and tribal governments, or the

private sector, to spend, in the

aggregate, $100 million or more in any

one year.

Because this action does not impose

new or additional enforceable duties on

any State, local or tribal government or

the private sector, it does not contain a

‘‘Federal mandate.’’ Even if the

requirements in this proposed action

were found to be Federal mandates, they

will not result in annual expenditures of

$100 million or more. Therefore, section

202 and 205 do not apply.

Section 203 of the UMRA also

requires the Coast Guard to develop a

small government agency plan before

the Coast Guard establishes any

regulatory requirements that may

significantly or uniquely affect small

governments. Because this rule contains

no regulatory requirements that might

significantly or uniquely affect small

governments, Section 203 of the UMRA

does not apply.

Environment

The Coast Guard considered the

environmental impact of this rule and

concluded that, under paragraph

2.B.2e(34)(g) of Commandant

Instruction M16475.1B (as revised by 59

FR 38654, July 29, 1994), this rule is

categorically excluded from further

environmental documentation. A

‘‘Categorical Exclusion Determination’’

is available in the docket for inspection

or copying where indicated under

ADDRESSES.

List of Subjects in 33 CFR Part 165

Harbors, Marine safety, Navigation

(water), Reporting and recordkeeping

requirements, Security measures,

Vessels, Waterways.

For the reasons set out in the

preamble, the Coast Guard amends 33

CFR Part 165 as follows:

PART 165—(AMENDED)

1. The authority citation for Part 165

continues to read as follows:

Authority: 33 U.S.C. 1231; 50 U.S.C. 191;

and 33 CFR 1.05–1(g), 6.04–1, 6.04–6, and

160.5; 49 CFR 1.46.

2. A new temporary section is added

to read as follows:

§ 165.T14–002 Safety Zone; Waimanalo

Bay, Oahu, Hawaii

(a) Location. A safety zone is

established within an area bounded by

a line drawn between the following

points: water’s edge at approximately

21°22.8′N, 157°40.4′W; 21°22.8′N,

157°42.3′W; 21°20.8′N, 157°40.4′W;

water’s edge at approximately

21°20.8′N, 157°42.2′W.

(b) Effective date. This regulation is

effective from September 3, 1997

through September 4, 1997.

(c) Regulations. In accordance with

the general regulations in § 165.23 of

this part, entry into this zone is

prohibited, except as authorized by the

Captain of the Port, or the patrol

commander, via marine radio channel

16, VHF–FM.

Dated: August 27, 1997.

Frank L. Whipple,

Captain, U.S. Coast Guard, Captain of the

Port.

[FR Doc. 97–23637 Filed 9–2–97; 1:50 pm]

BILLING CODE 4910–14–M

DEPARTMENT OF TRANSPORTATION

Coast Guard

46 CFR Part 28

[CGD 96–046]

RIN 2115–AF35

Commercial Fishing Industry Vessel

Regulations

AGENCY: Coast Guard, DOT.

ACTION: Final rule.

SUMMARY: The Coast Guard is adopting

with some changes, as final, the interim

rule which established requirements for

safety equipment and vessel operating

procedures on commercial fishing

industry vessels. The Coast Guard

issued these regulations to improve the

overall safety of U.S. Commercial

Fishing Industry Vessels pursuant to the

Commercial Fishing Industry Vessel

Safety Act of 1988.

DATES: This final rule is effective on

October 6, 1997.

ADDRESSES: Documents as indicated in

this preamble are available for

inspection or copying at the office of the

Executive Secretary, Marine Safety

Council (G–LRA/3406), U.S. Coast

Guard Headquarters, 2100 Second

Street, SW., room 3406, Washington, DC

20593–0001, between 9:30 a.m. and 2

p.m., Monday through Friday, except

Federal holidays. The telephone number

is 202–267–1477.

FOR FURTHER INFORMATION CONTACT:

Commander John J. Davin, Office of

Operating and Environmental Standards

(G–MSO), telephone 202–267–1181, fax

202–267–4570.

SUPPLEMENTARY INFORMATION:

Regulatory History

Commercial Fishing Industry Vessel

Safety Act of 1988

On September 9, 1988, title 46 United

States Code, was amended in chapter 45

(Uninspected Commercial Fishing

Industry Vessels, sections 4501 through

4508) by the Commercial Fishing

Industry Vessel Safety Act of 1988,

Public Law 100–424 (‘‘the Act’’). The

Act requires the Secretary of

Transportation to prescribe regulations

for safety equipment and vessel

operating procedures on commercial

fishing industry vessels. The Secretary

further delegated the authority to

regulate commercial fishing vessels to

the commandant of the Coast Guard.

This rulemaking was initiated to

implement certain provisions of the Act.

This rulemaking does not include

requirements pertaining to immersion
Federal Register / Vol. 62, No. 171 / Thursday, September 4, 1997 / Rules and Regulations 46673

suits (found in CGD88–079c, Notice of

Proposed Rulemaking dated May 20,

1993) or vessel stability; these

provisions will be included in future

rulemaking.

Advance Notice of Proposed

Rulemaking (ANPRM)

An ANPRM was published in the

Federal Register on December 29, 1988

(53 FR 52735), addressing potential

requirements for uninspected fishing,

fish processing, and fish tender vessels.

In response to this ANPRM, nearly 200

comment letters were received and

considered in developing the Notice of

Proposed Rulemaking.

Notice of Proposed Rulemaking (NPRM)

On April 19, 1990, the Coast Guard

published an NPRM in the Federal

Register (55 FR 14924), addressing

proposed requirements for uninspected

fishing, fish processing, and fish tender

vessels. In response to the NPRM, the

Coast Guard received 500 comments. On

August 14, 1991, in order to expedite

the regulation package for commercial

fishing industry vessels, the Coast

Guard published a final rule.

Final Rule (FR)

A final rule entitled ‘‘Commercial

Fishing Industry Vessel Regulations’’

was published in the Federal Register

(56 FR 40364). These regulations are for

U.S. documented or state numbered

uninspected fishing, fish processing,

and fish tender vessels to implement

provisions of the Commercial Fishing

Industry Vessel Safety Act of 1988. The

final rule indicated that the below listed

controversial topics would be the

subject of a subsequent supplemental

notice of proposed rulemaking

(SNPRM).

Supplemental Notice of Proposed

Rulemaking (SNPRM)

On October 27, 1992, the Coast Guard

published an SNPRM in the Federal

Register (57 FR 48670). The

controversial topics addressed in the

SNPRM included the Aleutian Trade

Act of 1990 (Pub. L. 101–595); stability

for fishing vessels less than 79 feet in

length; administration of exemptions

authorized by 46 U.S.C. 4506;

termination of unsafe operations;

requirements for survival craft on

fishing vessels with 3 or fewer

individuals on board operating within

12 miles of the coastline and outside the

boundary line; and acceptance criteria

for instructors and course curricula.

On October 24, 1995, the Coast Guard

published a final rule relating only to

the Aleutian Trade Act (60 FR 54441).

The Coast Guard is working with the

Commercial Fishing Industry Vessel

Advisory Committee to develop the

stability section for vessels less than 79

feet in length.

Interim Rule

An interim rule with request for

comments entitled ‘‘Commercial Fishing

Industry Vessel Regulations’’, was

published on November 5, 1996, in the

Federal Register (61 FR 57268). The

interim rule addressed the four items

not included in the final rule of August

14, 1991 (56 FR 40364) and made

several technical corrections.

The Coast Guard received 104 letters

commenting on the interim rule. These

include 72 form letters from commercial

fishers and commercial fishing

associations, 13 letters from commercial

fishers, 9 letters from commercial

fishing associations, 2 letters from a

member of Congress, 2 letters from

fishing publications, 2 letters from an

insurance concern, 1 letter from a naval

architect/engineer, 1 letter from an

equipment manufacturer, 1 letter from a

fishing vessel safety organization, and 1

letter from a riverboat operation. Many

of the letters requested public meetings

for their specific area. The Coast Guard

determined that a public meeting was

unnecessary for this rulemaking because

the comments were substantive and

represented all aspects of the fishing

industry. Additionally, the interim rule

had a comment period that ended on

December 20, 1996. In response to many

comments received, an extension was

published in the Federal Register on

December 27, 1996 (61 FR 68161) that

extended the comment period until

February 20, 1997.

Discussion of Comments and Changes

No comments were received for

§ 28.50 definitions, § 28.320 fixed gas

fire extinguishing systems, and § 28.380

general structural fire protection. Two

commercial fishers questioned if the

freeing ports in § 28.555 were required

for vessels less than 50 feet in length.

This is a moot point since this

requirement is in a subpart that applies

only to commercial fishing industry

vessels 79 feet or more in length.

Additionally, we made a technical

correction to § 28.225 and removed Note

2 from table 28.120(c) because it is not

applicable to that table.

Section 28.60 Exemption Letter

This section prescribed the

mechanism to obtain an exemption for

commercial fishing industry vessels

authorized under the Commercial

Fishing Industry Vessel Safety Act (46

U.S.C. 4506). Many of the form letters

and six letters commented that

exemption granting authority should be

delegated to Coast Guard District

Commanders. As discussed in the

interim rule, Coast Guard Headquarters,

utilizing field unit and district inputs,

has implemented this program since

August, 1991. However, to expedite the

approval process, this section is

modified to allow District Commanders

the authority to issue exemption letters.

Section 28.65 Termination of Unsafe

Operations

This section contains criteria for the

voyage termination of a commercial

fishing industry vessel. Three comments

were received concerning § 28.65(b)(11),

which allows termination of the

operations if the vessel has an expired

load line certificate. The commenters

pointed out that this is not sufficient to

meet the requirements of 46 U.S.C.

4502(2), which requires termination of

operations if the vessel does not have on

board the certificate required by 46

U.S.C. 4503(1). This certificate indicates

that the vessel meets all survey and

classification requirements prescribed

by the American Bureau of Shipping, or

other qualified organization approved

by the Secretary of Transportation. This

certificate is more detailed than a load

line certificate. We agree with the

commenters. Load line requirements are

already covered in § 28.65(c), so

§ 28.65(b)(11) has been modified to

reflect the requirement of 46 U.S.C.

4505(2). Also, a comment was received

that the wording of the load line

requirement should not just be for a

document check, but rather compliance

with all the provisions of a load line

certificate. The Coast Guard agrees and

has revised the load line wording in this

section.

A comment was received which

emphasized the importance of Coast

Guard Boarding Officer training and

knowledge of the requirements before

terminating a voyage. As stated in the

interim rule, Coast Guard agrees that a

vessel termination is an action that must

be utilized with care. The Coast Guard

has determined that no vessel operation

should be terminated without the

approval of the cognizant District

Commander or a member of his/her staff

authorized to make this determination.

As a safeguard against any

indiscriminate judgments, a Boarding

Officer may not terminate a vessel’s

operations, but must objectively assess

the vessel’s condition and report the

facts to superiors who, in turn, will

evaluate the situation surrounding the

case and make the final determination.
46674 Federal Register / Vol. 62, No. 171 / Thursday, September 4, 1997 / Rules and Regulations

Section 28.120 Survival Craft

This section deals with the carriage of

survival craft for vessels less than 36

feet in length with 3 or fewer persons

onboard within 12 miles of the

coastline, and vessels 36 feet or more in

length operating within 12 miles of the

coastline. A correction to table 28.120(a)

was published in the Federal Register

on December 27, 1996 (61 FR 68161) to

include a ‘‘see note 2’’ to allow buoyant

apparatus if a vessel over 36 feet in

length stays within 12 miles of the

coastline.

As with the SNPRM of October 1992,

this section received the most

comments, for and against the proposed

provisions. The majority of comments

came from letters contending that

‘‘* * * Congress intended to exempt

vessels less than 36 feet operating inside

3 miles from all types of survival craft,

not just inflatable life rafts. This change

will cost one fishery alone over

$1,000,000.’’ The Coast Guard agrees

with the form letters in their monetary

assessment of this rulemaking. In the

regulatory assessment, the Coast Guard

stated that if 20,000 commercial fishing

vessels purchased a buoyant apparatus,

it would cost the industry $9.8 million.

Therefore, if a fishery of 2,000 vessels

outfitted its vessels with a buoyant

apparatus costing $500 apiece, the cost

to the fishery could be one million

dollars.

The Coast Guard does not concur with

this interpretation that Congress

intended to provide a blanket

exemption to vessels less than 36 feet in

length operating inside three miles from

all types of survival craft. The

Congressional exemption can be found

in 46 U.S.C. 4506 which exempts

vessels less than 36 feet in length not

operating on the high seas (within 12

miles) from having to carry life rafts or

lifeboats. Congress’ intent in

implementing this law was very specific

in describing survival craft as illustrated

by the requirement for a buoyant

apparatus found in 46 U.S.C. 4502(a)(6).

Additionally, five comments stated that

a buoyant apparatus is too bulky and

could impede the vessel’s operation.

Some inspected small passenger vessels

carry this same equipment without

impeding operations. As an option, an

approved buoyant apparatus in the

shape of a ring that can easily be

mounted on a bulkhead or overhead and

could not interfere with fishing

operations is available commercially.

Also, another equipment manufacturer

offers an approved buoyant apparatus

which forms a Bimini-style hard top

over an open cockpit. Quick-release

latches allow it to be rapidly launched

in case of an emergency. Therefore, the

Coast Guard has continued this

requirement.

Five comments stated that day boats

should not require any type of survival

craft primarily because these boats

normally operate in the vicinity of other

such boats. This point was addressed in

the SNPRM (57 FR 48674), in which the

Coast Guard determined that every

vessel is a separate entity and that

relying on other vessels constitutes an

unneccessary risk.

Three comments questioned why 36

feet in length was used, and one

comment stated that the regulations

should be changed to 50 feet in length.

46 U.S.C. 4506(b) establishes the length

requirement that has been implemented

into the regulations.

Two comments received

recommended the use of a recreational

inflatable craft as a survival craft. This

issue was addressed extensively in the

final rule published in the Federal

Register (56 FR 40370) on August 14,

1991. In that rule, we discussed in

depth our concerns about using

unapproved rafts for survival craft and

the reasons for not accepting these

crafts.

Two comments noted that a buoyant

apparatus would not be effective for

smaller vessels in cold waters. The

Coast Guard agrees that in cold water a

vessel should carry a survival craft that

will keep persons out of the water.

However, when the Coast Guard

proposed inflatable buoyant apparatus

for this size of vessel, the proposal was

found to be cost prohibitive due to

initial cost, annual servicing costs, and

space and weight considerations. The

Coast Guard encourages vessel owners,

operators, and insurance companies

(through incentives), where safe, to

exceed the minimum standards set forth

in these regulations and outfit each

vessel with an inflatable buoyant

apparatus.

Two comments supported the carriage

of buoyant apparatus as proposed. Also,

two comments requested that the Coast

Guard include the carriage substitution

in note 2 to the 28.120 tables to the

category ‘‘Beyond Boundary Line,

within 20 miles of coastline, warm

waters’’ listed in the ‘‘Area’’ column. At

present, the Coast Guard requires a life

float for this area. The Coast Guard

agrees that for consistency between the

areas, a buoyant apparatus may be

carried if the vessel meets and follows

the criteria found in note 2 and

§ 28.120(c).

Section 28.270 Instruction, Drills, and

Safety Orientation

This section modified paragraph (c) to

strengthen the instructor and training

requirements for an individual licensed

by the U.S. Coast Guard to operate a

vessel of 100 gross tons or more. These

individuals must comply with the

requirements of § 28.275. One comment

received wanted clarification to

§ 28.270(c) as to whether a licensed

individual must meet all of § 28.275, or

just § 28.275(a)(2). We agree that the

second sentence does cause confusion

and have removed it from the final rule

to clarify that all individuals must meet

the criteria found in § 28.275.

One comment stated that the weak

link in these regulations is the lack of

licensing operators of commercial

fishing industry vessels. Both the Coast

Guard and the Commercial Fishing

Industry Vessel Advisory Committee

(CFIVAC) have determined that the

licensing of commercial fishing vessel

operators, with emphasis on training, is

necessary to reduce casualties caused by

human error and to improve the

historically poor safety record of the

fishing vessel industry. The Coast Guard

agrees, but lacks statutory authority to

implement a licensing plan and notes

that licensing of operators of

commercial fishing industry vessels is

beyond the scope of this rulemaking.

Another commenter urged the Coast

Guard to make the logging of drills

mandatory to supplement the drill

requirements under our current

regulations. The Coast Guard agrees,

however, this would have to be

addressed as a proposal in a future

rulemaking.

Section 28.275 Acceptance Criteria for

Instructors and Course Curricula

This section amended the experience

and training provisions for persons with

a Coast Guard issued license of 100

gross tons or more. One commenter,

supporting our amendments, stated that

this provision was overdue; and that a

license was not necessarily an indicator

that the holder knew the elements of

safety and survival at sea, or was

capable or training others. Further, two

commenters requested that we include

in this section a reasonable time frame,

to enable licensed individuals to

comply with the experience and

training requirements. The Coast Guard

agrees and has placed a note in this

section to grandfather existing license

holders without fishing experience until

September 15, 1998. This allows them

additional time to comply with these

provisions.
Federal Register / Vol. 62, No. 171 / Thursday, September 4, 1997 / Rules and Regulations 46675

Two commenters opposed the

provision that requires training and

fishing experience because an operator

with the knowledge and experience to

qualify for a Coast Guard license has the

knowledge and wherewithal to conduct

monthly safety drills aboard his/her

vessel. While earning a Coast Guard

license does show a certain degree of

skill and knowledge, the license does

not specifically cover the 10

contingencies required in § 28.270.

Furthermore, § 28.270 applies to

individuals that may not have Coast

Guard licenses. Therefore, the Coast

Guard continues to require this

provision.

Two comments recommended that the

8 hour course curriculum (minimum)

currently found in Navigation and

Vessel Inspection Circular 7–93 be

placed in this section of the regulations.

The Coast Guard and the Commercial

Fishing Industry Vessel Advisory

Committee agree with this

recommendation. However, because it is

not Coast Guard policy to place specific

course requirements in terms of hours in

the regulations, we have not done so.

Regulatory Assessment

This rule is a non-significant

regulatory action under 3(f) of Executive

Order 12866 and is non-significant

under the Department of Transportation

Regulatory Policies and Procedures (44

FR 11040, February 26, 1979). It has

been reviewed by the Office of

Management and Budget under that

Order. The Coast Guard has prepared a

regulatory assessment and placed it in

the rulemaking docket. The assessment

may be inspected and copied at the

address listed under ADDRESSES.

Because this final rule represents

administrative changes to the interim

rule and in no way affects the costs or

benefits described in the interim rule

(61 FR 57271), this Regulatory

Assessment is adopted with no changes.

Small Entities

Under the Regulatory Flexibility Act

(5 U.S.C. 601 et seq.), the Coast Guard

considered whether this rule will have

a significant economic impact on a

substantial number of small entities.

‘‘Small entities’’ include small

businesses, not-for-profit organizations

that are independently owned and

operated and are not dominant in their

fields, and governmental jurisdictions

with populations of less than 50,000.

The economic impact on small entities

by this rule will be with commercial

fishing industry vessels either 10.97

meters (36 feet) or more in length that

operate within 12 miles of the coast or

less than 10.97 meters (36 feet) in length

operating within 12 miles of the

coastline with 4 or more persons. An

estimated 20,000 state numbered or

documented commercial fishing vessels

might be affected by this rule. These

vessels will incur a capital cost

estimated to be between $400 and $500

with no annual recurring cost. The cost

is the same for part-time and seasonal

operators as it is for full-time operators.

This rule has a minimal, nonrecurring

cost and furthermore, no comments

were received concerning this section.

Therefore, the Coast Guard certifies

under section 605(b) of the Regulatory

Flexibility Act (5 U.S.C. 601 et seq.) that

this final rule will not have a significant

economic impact on a substantial

number of small entities.

Assistance for Small Entities

In accordance with section 213(a) of

the Small Business Regulatory

Enforcement Fairness Act of 1996 (Pub.

L. 104–121), the Coast Guard wants to

help small entities understand this rule

so that they can better evaluate its

effects on them. If your small business

or organization is affected by this rule

and you have questions concerning its

provisions or options for compliance,

please contact Commander John J.

Davin, Office of Operating and

Environmental Standards (G–MSO),

telephone 202–267–1181 or fax 202–

267–4570.

Collection of Information

This final rule provides for a

collection of information under the

Paperwork Reduction Act of 1995 (44

U.S.C. 3501 et seq.). As required by 5

U.S.C. 3507(d), the Coast Guard

submitted a copy of the interim rule to

the Office of Management and Budget

(OMB) for its review and approval of the

collection of information. OMB

approved the collection. The section

numbers are §§ 28.60, 28.80, 28.90, and

28.275, and the corresponding approval

number from OMB is OMB Control

Number 2115–0582, which expires on

August 31, 1998.

Persons are not required to respond to

a collection of information unless it

displays a currently valid OMB control

number.

Federalism

The Coast Guard has analyzed this

rule in accordance with the principles

and criteria contained in Executive

Order 12612 and has determined that

this rule does not have sufficient

federalism implications to warrant the

preparation of a Federalism Assessment.

Environment

The Coast Guard considered the

environmental impact of this rule and

concluded that under section 2.B.2 of

Commandant Instruction M16475.1B,

this rule is categorically excluded from

further environmental documentation.

These rules are expected to have no

significant effect on the environment. A

Categorical Exclusion Determination

statement has been prepared and placed

in the rulemaking docket.

List of Subjects in 46 CFR Part 28

Fire prevention, Fishing vessels,

Marine safety, Occupational safety and

health, Reporting and recordkeeping

requirements, Seamen.

Accordingly, the interim rule

amending 46 CFR part 28 which was

published in the Federal Register (61

FR 57268) on November 5, 1996, is

adopted as a final rule with the

following changes:

PART 28—REQUIREMENTS FOR

COMMERCIAL FISHING INDUSTRY

VESSELS

1. The authority citation for part 28

continues to read as follows:

Authority: 46 U.S.C. 3316, 4502, 4505,

4506, 6104, 10603; 49 CFR 1.46.

2. Revise § 28.60 to read as follows:

§ 28.60 Exemption letter.

(a) Types of exemptions. (1) Specific

exemption means an exemption for an

individual commercial fishing industry

vessel.

(2) Class exemption means an

exemption for a class or fleet of

commercial fishing industry vessels.

(b) Exemption procedure. A request

for an exemption of either type must be

in writing, have specific reasons for the

request, and be sent to the Coast Guard

District Office having jurisdiction over

the waters where the vessel(s) will be

operating. Coast Guard District

geographical areas are described in 33

CFR part 3. The District Commander

will review the request to determine

that:

(1) Good cause exists for granting an

exemption; and

(2) The safety of the vessel and those

on board will not be adversely affected.

(c) The District Commander will

either approve or deny the request in

writing. In granting a request, the

District Commander will specify the

terms under which the exemption is

granted and distribute the letter

describing these terms to the party or

parties requesting the exemption.

(d) Exemption letter. Exemption

letters, or suitable copies, describing the
46676 Federal Register / Vol. 62, No. 171 / Thursday, September 4, 1997 / Rules and Regulations

terms under which the exemption is

granted shall be maintained at all times

on board each vessel to which any

exemption applies.

(e) Right of appeal. Any person

directly affected by a decision or action

taken under this part may appeal in

accordance with § 1.03 of this chapter.

(f) Rescinding an exemption letter.

Exemptions granted may be rescinded

by the District Commander if it is

subsequently determined that the safety

of the vessel and those onboard is

adversely affected.

3. Amend § 28.65 by revising

paragraphs (b)(11) and (c) to read as

follows:

§ 28.65 Termination of unsafe operations.

* * * * *

(b) * * *

(11) A missing or expired certificate of

class, as required by 46 U.S.C. 4503(1),

for a fish processing vessel.

(c) A Coast Guard Boarding Officer

may direct the individual in charge of

a fish processing vessel that is missing

a Load Line Certificate, or that does not

comply with the provisions of the Load

Line Certificate issued by the American

Bureau of Shipping or a similarly

qualified organization, to return the

vessel to a mooring and to remain there

until the vessel obtains such a

certificate.

4. Amend § 28.120 by revising tables

28.120 (a), (b), and (c) to read as follows:

TABLE 28.120(a).—SURVIVAL CRAFT FOR DOCUMENTED VESSELS

Area Vessel type Survival craft required

Beyond 50 miles of coastline ..................................................... All ............................................. Inflatable liferaft with SOLAS A pack.

Between 20–50 miles of coastline, cold waters ........................ All ............................................. Inflatable liferaft with SOLAS B pack

Between 20–50 miles of coastline, warm waters ...................... All ............................................. Inflatable liferaft.

Beyond Boundary Line, between 12–20 miles of coastline,

cold waters.

All ............................................. Inflatable liferaft.

Beyond Boundary Line, within 12 miles of coastline, cold waters.10.97 meters (36 ft) or more in

length.

Inflatable buoyant apparatus. See note 2.

Beyond Boundary Line, within 12 miles of coastline, cold waters.Less than 10.97 meters (36 ft)

in length.

Buoyant apparatus. See note 2.

Beyond Boundary Line, within 20 miles of coastline, warm waters.All ............................................. Life float. See note 2.

Inside Boundary Line, cold waters; or Lakes, bays, sounds,

cold waters; or Rivers, cold waters.

10.97 meters (36 ft) or more in

length.

Inflatable buoyant apparatus. See note 2.

Inside Boundary Line, cold waters; or Lakes, bays, sounds,

cold waters; or Rivers, cold waters.

Less than 10.97 meters (36 ft)

in length.

Buoyant apparatus. See note 2.

Inside Boundary Line, warm waters; or Lakes, bays, sounds,

warm waters; or Rivers, warm waters.

All ............................................. None.

Great Lakes, cold waters ........................................................... 10.97 meters (36 ft) or more in

length.

Inflatable buoyant apparatus. See note 2.

Great Lakes, cold waters ........................................................... Less than 10.97 meters (36 ft)

in length.

Buoyant apparatus. See note 2.

Great Lakes, beyond 3 miles of coastline, warm waters .......... All ............................................. Buoyant apparatus. See note 2.

Great Lakes, within 3 miles of coastline, warm waters ............. All ............................................. None.

Note: 1. The hierarchy of survival craft in descending order is lifeboat, inflatable liferaft with SOLAS A pack, inflatable liferaft with SOLAS B

pack, inflatable liferaft with coastal service pack, inflatable buoyant apparatus, life float, buoyant apparatus. A survival craft higher in the hierarchy may be substituted for any survival craft required in this table.

2. If a vessel carries 3 or fewer individuals within 12 miles of the coastline, see § 28.120 (b) and (c) for carriage substitution.

TABLE 28.120(b).—SURVIVAL CRAFT FOR UNDOCUMENTED VESSELS WITH NOT MORE THAN 16 INDIVIDUALS ON BOARD

Area Vessel type Survival craft required

Beyond 20 miles of coastline ..................................................... All ............................................. Inflatable buoyant apparatus.

Beyond Boundary Line, between 12–20 miles of coastline,

cold waters.

All ............................................. Inflatable buoyant apparatus.

Beyond Boundary Line, within 12 miles of coastline, cold waters.10.97 meters (36 ft) or more in

length.

Buoyant apparatus.

Beyond Boundary Line, within 12 miles of coastline, cold waters.Less than 10.97 meters (36 ft)

in length.

Buoyant apparatus. See note 2.

Beyond Boundary Line, within 20 miles of coastline, warm waters.All ............................................. Life float. See note 2.

Inside Boundary Line, cold waters; or Lakes, bays, sounds,

cold waters; or Rivers, cold waters.

10.97 meters (36 ft) or more in

length.

Buoyant apparatus.

Inside Boundary Line, cold waters; or Lakes, bays, sounds,

cold waters; or Rivers, cold waters.

Less than 10.97 meters (36 ft)

in length.

Buoyant apparatus. See note 2.

Inside Boundary Line, warm waters; or Lakes, bays, sounds,

warm waters; or Rivers, warm waters.

All ............................................. None.

Great Lakes, cold waters ........................................................... All ............................................. Buoyant apparatus. See note 2.

Great Lakes, beyond 3 miles of coastline, warm waters .......... All ............................................. Buoyant apparatus. See note 2.

Great Lakes, within 3 miles of coastline, warm waters ............. All ............................................. None.

Note: 1. The hierarchy of survival craft in descending order is lifeboat, inflatable liferaft with SOLAS A pack, inflatable liferaft with SOLAS B

pack, inflatable liferaft with coastal service pack, inflatable buoyant apparatus, life float, buoyant apparatus. A survival craft higher in the hierarchy may be substituted for any survival craft required in this table.

2. If a vessel carries 3 or fewer individuals within 12 miles of the coastline, see § 28.120 (b) and (c) for carriage substitution.
Federal Register / Vol. 62, No. 171 / Thursday, September 4, 1997 / Rules and Regulations 46677

TABLE 28.120(c).—SURVIVAL CRAFT FOR UNDOCUMENTED VESSELS WITH MORE THAN 16 INDIVIDUALS ON BOARD

Area Vessel type Survival craft required

Beyond 50 miles of coastline ..................................................... All ............................................. Inflatable liferaft with SOLAS A pack.

Beyond 20–50 miles of coastline, cold waters .......................... All ............................................. Inflatable liferaft with SOLAS B pack.

Beyond 20–50 miles of coastline, warm waters ........................ All ............................................. Inflatable liferaft.

Beyond Boundary Line, between 12–20 miles of coastline,

cold waters.

All ............................................. Inflatable liferaft.

Beyond Boundary Line, within 12 miles of coastline, cold waters.10.97 meters (36 ft) or more in

length.

Inflatable buoyant apparatus.

Beyond Boundary Line, within 12 miles of coastline, cold waters.Less than 10.97 (36 ft) in

length.

Buoyant apparatus.

Beyond Boundary Line, within 20 miles of coastline, warm waters.All ............................................. Life float.

Inside Boundary Line, cold waters; or Lakes, bays, sounds,

cold waters; or Rivers, cold waters.

10.97 meters (36 ft) or more in

length.

Inflatable buoyant apparatus.

Inside Boundary Line, cold waters; or Lakes, bays, sounds,

cold waters; or Rivers, cold waters.

Less than 10.97 meters (36 ft)

in length.

Buoyant apparatus.

Inside Boundary Line, warm waters; or Lakes, bays, sounds,

warm waters; or Rivers, warm waters.

All ............................................. None.

Great Lakes, cold waters ........................................................... 10.97 meters (36 ft) or more in

length.

Inflatable buoyant apparatus.

Great Lakes, cold waters ........................................................... Less than 10.97 meters (36 ft)

in length.

Buoyant apparatus.

Great Lakes, beyond 3 miles of coastline, warm waters .......... All ............................................. Buoyant apparatus.

Great Lakes, within 3 miles of coastline, warm waters ............. All ............................................. None.

Note: 1. The hierarchy of survival craft in descending order is lifeboat, inflatable liferaft with SOLAS A pack, inflatable liferaft with SOLAS B

pack, inflatable liferaft with coastal service pack, inflatable buoyant apparatus, life float, buoyant apparatus. A survival craft higher in the hierarchy may be substituted for any survival craft required in this table.

5. Amend § 28.225 by revising

paragraphs (a)(3)(i) and (a)(3)(ii) to read

as follows:

§ 28.225 Navigational information.

(a) * * *

(3) * * *

(i) Tide tables promulgated by the

National Ocean Service; and

(ii) Tidal current tables promulgated

by the National Ocean Service, or a river

current publication issued by the U.S.

Corps of Engineers or a river authority.

* * * * *

6. Amend § 28.270 by revising

paragraph (c) to read as follows:

§ 28.270 Instructions, drills, and safety

orientation.

* * * * *

(c) Training. No individual may

conduct the drills or provide the

instructions required by this section

unless that individual has been trained

in the proper procedures for conducting

the activity.

* * * * *

7. Amend § 28.275 by revising

paragraph (a)(2) and adding paragraph

(a)(3) and a note following paragraph

(a)(3)(ii) to this section to read as

follows:

§ 28.275 Acceptance criteria for

instructors and course curricula.

(a) * * *

(2) A valid merchant mariner’s license

issued by the Coast Guard authorizing

service as master of uninspected fishing

industry vessels and proof of experience

that relates directly to the contingencies

listed in 46 CFR 28.270(a) including—

(i) Experience as an instructor; or

(ii) Training received in instructional

methods; or

(3) A valid merchant mariner’s license

issued by the Coast Guard authorizing

service as a master of inspected vessels

of 100 gross tons or more and proof of

experience that relates directly to the

contingencies listed in 46 CFR 28.270(a)

including—

(i) Experience as an instructor; or

(ii) Training received in instructional

methods. (See note 1.)

Note 1: Persons holding a license

authorizing service as a master of inspected

vessels of 100 gross tons or higher with an

original issue date prior to May 1, 1997, have

until September 15, 1998, to comply with the

provisions listed in § 28.275(a)(3).

* * * * *

Dated: July 17, 1997.

R.C. North,

Rear Admiral, U.S. Coast Guard, Assistant

Commandant for Marine, Safety and

Environmental Protection.

[FR Doc. 97–23444 Filed 9–3–97; 8:45 am]

BILLING CODE 4910–14–M

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Part 622

[Docket No. 970730185–7206–02; I.D.

070797B]

RIN 0648–AJ13

Fisheries of the Caribbean, Gulf of

Mexico, and South Atlantic; Reef Fish

Fishery of the Gulf of Mexico; Red

Snapper Management Measures

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Final rule.

SUMMARY: NMFS issues this final rule to

implement the provisions of a

regulatory amendment prepared by the

Gulf of Mexico Fishery Management

Council (Council) in accordance with

framework procedures for adjusting

management measures of the Fishery

Management Plan for the Reef Fish

Resources of the Gulf of Mexico (FMP).

For the red snapper fishery in the Gulf

of Mexico exclusive economic zone

(EEZ), the regulatory amendment:

Changes the opening date for the 1997

fall commercial fishing season from

September 15 to September 2; restricts

the harvest of red snapper during the

1997 fall commercial season to an initial

period of September 2 to September 15