Federal Register / Vol. 62, No. 183 / Monday, September 22, 1997 / Proposed Rules 49463

previously addressed, the direct final

rule will be withdrawn and the public

comments received will be addressed in

a subsequent final rule based on this

proposed rule. The EPA does not plan

a second comment period on this action.

Any parties interested in commenting

on this action should do so at this time.

DATES: Comments must be received in

writing by October 22, 1997.

ADDRESSES: Copies of the revision

request are available for inspection at

the following address: U.S.

Environmental Protection Agency,

Region 5, Air and Radiation Division, 77

West Jackson Boulevard, Chicago,

Illinois 60604. (It is recommended that

you telephone John Paskevicz at (312)

886–6084 before visiting the Region 5

Office.)

Written comments should be sent to:

J. Elmer Bortzer, Chief, Regulation

Development Section, Air Programs

Branch (AR–18J), U.S. Environmental

Protection Agency, 77 West Jackson

Boulevard, Chicago, Illinois 60604.

FOR FURTHER INFORMATION CONTACT: John

Paskevicz, at (312) 886–6084.

SUPPLEMENTARY INFORMATION: See the

information provided in the Direct Final

action of the same title which is located

in the Rules and Regulations Section of

this Federal Register.

Authority: 42 U.S.C. 7401–7671q.

Dated: September 9, 1997.

David A. Ullrich,

Acting Regional Administrator.

[FR Doc. 97–25096 Filed 9–19–97; 8:45 am]

BILLING CODE 6560–50–P

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Part 600

[Docket No. 970829214–7214–01; I.D.

082097B]

RIN 0648–AJ76

Magnuson-Stevens Act Provisions;

Observer Health and Safety

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Proposed rule; request for

comments.

SUMMARY: NMFS is proposing

regulations that pertain to fishery

observers and the vessels that carry

them. The Magnuson-Stevens Fishery

Conservation and Management Act

(Magnuson-Stevens Act) as amended

October 11, 1996, requires that the

Secretary of Commerce (Secretary)

promulgate regulations for ensuring the

adequacy and safety of fishing vessels

that carry observers. Owners and

operators of fishing vessels that carry

observers would be required to comply

with guidelines, regulations, and

conditions in order to ensure that their

vessels are adequate and safe for the

purposes of carrying an observer and

allowing operation of normal observer

functions.

DATES: Comments must be received by

October 22, 1997.

ADDRESSES: Send comments to Gary

Matlock, Director, Office of Sustainable

Fisheries, NMFS, 1315 East-West

Highway, Silver Spring, MD 20910.

FOR FURTHER INFORMATION CONTACT:

William J. Bellows, 301–713-2341.

SUPPLEMENTARY INFORMATION:

Background

The Magnuson-Stevens Act, as

amended (16 U.S.C. 1801 et seq.), the

Marine Mammal Protection Act, as

amended (MMPA; 16 U.S.C. 1361 et

seq.), and the Atlantic Tunas

Convention Act, as amended (ATCA; 16

U.S.C. 971 et seq.) authorize the

Secretary to station observers aboard

commercial fishing vessels to collect

required scientific data for the purposes

of fishery and protected species

conservation and management,

monitoring incidental mortality and

serious injury to marine mammals and

to other species listed under the

Endangered Species Act (ESA), and

monitoring compliance with existing

Federal regulations. In addition,

pursuant to the South Pacific Tuna Act

of 1988 (SPTA; 16 U.S.C. 973 et seq.)

observers may be required in the South

Pacific Tuna Fishery.

The majority of U.S. observer

programs are mandatory under the

MMPA, or have mandatory coverage

authorized by fishery management plans

developed under the Magnuson-Stevens

Act. Under mandatory programs,

observer coverage levels are either

prescribed by legislation or there is a

mandate to carry an observer if

requested to do so by NMFS. Vessels

fishing under one of these mandatory

programs must have an observer(s)

aboard in order to fish legally. Should

such a vessel fail to meet the safety

requirements as described in this rule,

the vessel would not be permitted to

fish until the safety requirements are

met and the required observer(s) is/are

aboard.

While the majority of the observer

programs are mandatory, a substantial

amount of fishery data is collected

through voluntary observer programs.

Under these voluntary programs, vessel

owners and operators have no legal

obligation or requirement to carry an

observer but voluntarily carry observers

to collect data essential for making

fishery conservation and management

decisions. The safety, health, and wellbeing of observers while stationed

aboard fishing vessels participating in

both mandatory and voluntary programs

are of great priority.

The Magnuson-Stevens Act directs

that

* * *the Secretary shall promulgate

regulations, after notice and opportunity for

public comment, for fishing vessels that carry

observers. The regulations shall include

guidelines for determining—

(1) when a vessel is not required to carry

an observer on board because the facilities of

such vessel for the quartering of an observer,

or for carrying out observer functions, are so

inadequate or unsafe that the health or safety

of the observer or the safe operation of the

vessel would be jeopardized; and

(2) actions which vessel owners or

operators may reasonably be required to take

to render such facilities adequate and safe.

This rule would apply to any vessel

designated to carry an observer as part

of a mandatory or a voluntary observer

program under the Magnuson-Stevens

Act, the MMPA, ATCA, SPTA, or any

other U.S. law.

This proposed rule would adopt U.S.

Coast Guard (USCG) safety inspection

standards as minimum requirements a

vessel must meet to be deemed safe and

adequate for the purposes of carrying

observers. Vessels that carry observers

would be required to undergo USCG

safety inspections, display valid USCG

inspection decals or certificates, and

maintain safe conditions at all times an

observer is aboard as well as during an

observer’s boarding and disembarking.

In addition, vessels would be required

to comply with applicable regional

requirements governing observer

accommodations which may address

adequacy, health, and safety concerns

beyond the scope of USCG standards.

Classification

The Assistant General Counsel for

Legislation and Regulation of the

Department of Commerce made the

following certification to the Chief

Counsel for Advocacy of the Small

Business Administration that this

proposed rule, if adopted, would not

have a significant economic impact on

a substantial number of small entities.

The National Marine Fisheries Service

estimates that there are a total of 1,600

vessels carrying observers in NMFS-regulated

fisheries. Of these, approximately 1,200

(75%) fit the Small Business

Administration’s definition of small entity,
49464 Federal Register / Vol. 62, No. 183 / Monday, September 22, 1997 / Proposed Rules

and none would be significantly affected by

this rule. The proposed rule’s requirements

that a vessel submit to dockside safety

inspections and display a decal or certificate

demonstrating compliance with U.S. Coast

Guard (USCG) safety regulations merely

provide evidence that the vessel is in

compliance with existing mandatory USCG

safety regulations. The safety inspection

would be performed at the dock at no cost

to the vessel owner and would take

approximately 4 hours. The vessel owner/

operator would be able to schedule the

inspection at a time that is convenient for the

owner/operator, such as when the vessel is

at dock. Thus, this rule is not expected to

result in any economic loss associated with

lost days at sea or any other significant

economic impacts on a substantial number of

small entities.

This action has been determined to be

not significant for purposes of E.O.

12866.

List of Subjects in 50 CFR Part 600

Administrative practice and

procedure, Confidential business

information, Fisheries, Fishing, Fishing

vessels, Foreign relations,

Intergovernmental relations, Penalties,

Reporting and recordkeeping

requirements, Statistics.

Dated: September 15, 1997.

David L. Evans,

Deputy Assistant Administrator for Fisheries,

National Marine Fisheries Service

For the reasons set forth in the

preamble, 50 CFR part 600 is proposed

to be amended as follows:

PART 600—MAGNUSON-STEVENS

ACT PROVISIONS

1. The authority citation for 50 CFR

part 600 continues to read as follows:

Authority: 5 U.S.C. 561 and 16 U.S.C. 1801

et seq.

2. Section 600.725 is amended by

redesignating (p) as (t), adding new

paragraphs (p), (q), (r), (s), and (u) and

revising newly redesignated paragraph

(t) to read as follows:

§ 600.725 General prohibitions.

* * * * *

(p) Fail to submit to a USCG safety

inspection when required by NMFS

pursuant to § 600.746.

(q) Fail to display a Commercial

Fishing Vessel Safety decal or a valid

certificate of compliance or inspection

pursuant to § 600.746.

(r) Fail to provide to an observer, a

NMFS employee, or a designated

observer provider information that has

been requested pursuant to § 600.746, or

fail to allow an observer, a NMFS

employee, or a designated observer

provider to inspect any item described

at § 600.746.

(s) To fish without an observer when

the vessel is required to carry an

observer.

(t) Assault, resist, oppose, impede,

intimidate, or interfere with a NMFSapproved observer aboard a vessel.

(u) Prohibit or bar by command,

impediment, threat, coercion, or refusal

of reasonable assistance, an observer

from conducting his or her duties

aboard a vessel.

3. In subpart H, § 600.746 is added to

read as follows:

§ 600.746 Observers.

(a) Applicability. This section applies

to any fishing vessel required to carry an

observer as part of a mandatory observer

program or carrying an observer as part

of a voluntary observer program under

the Magnuson-Stevens Act, MMPA (16

U.S.C. 1361 et seq.), the ATCA (16

U.S.C. 971 et seq.), the South Pacific

Tuna Act of 1988 (SPTA; 16 U.S.C. 973

et seq.), or any other U.S. law.

(b) Observer requirement. An observer

is not required to board, or stay aboard,

a vessel that is unsafe or inadequate as

described in paragraph (c).

(c) Inadequate or unsafe vessels. (1) A

vessel is inadequate or unsafe for

purposes of carrying an observer and

allowing operation of normal observer

functions if it does not comply with the

applicable regulations regarding

observer accommodations (see 50 CFR

parts 229, 285, 300, 600, 622, 648, 660,

678, and 679) or if it has not passed a

USCG safety inspection. A vessel that

has passed a USCG safety inspection

must display one of the following:

(i) A current Commercial Fishing

Vessel Safety Decal, issued within the

last 2 years, that certifies compliance

with regulations found in 33 CFR

Chapter I and 46 CFR Chapter I;

(ii) A certificate of compliance issued

pursuant to 46 CFR 28.710; or

(iii) A valid certificate of inspection

pursuant to 46 U.S.C. 3311.

(2) Upon request by an observer, a

NMFS employee, or a designated

observer provider, a vessel owner/

operator must provide correct

information concerning any item

relating to any safety or accommodation

requirement prescribed by law or

regulation. A vessel owner or operator

must also allow an observer, a NMFS

employee, or a designated observer

provider to visually inspect any such

item.

(d) Corrective measures. If a vessel is

inadequate or unsafe for purposes of

carrying an observer and allowing

operation of normal observer functions,

NMFS may require the vessel owner or

operator either to:

(1) Submit to and pass a USCG safety

inspection; or

(2) Correct the deficiency that is

rendering the vessel inadequate or

unsafe (e.g., if the vessel is missing one

personal flotation device (PFD), the

owner or operator could be required to

obtain an additional one), before that

vessel is authorized to fish in fisheries

with mandatory observer coverage

requirements.

(e) Timing. The requirements of this

section apply both at the time of the

observer’s boarding, at all times the

observer is aboard, and at the time the

observer is disembarking from the

vessel.

(f) Effect of inadequate or unsafe

status. A vessel that would otherwise be

required to carry an observer but is

inadequate or unsafe for purposes of

carrying an observer and allowing

operation of normal observer functions

is prohibited from fishing without

observer coverage unless NMFS waives

the observer requirement.

[FR Doc. 97–25013 Filed 9–19–97; 8:45 am]

BILLING CODE 3510–22–F

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Part 679

[Docket No. 970829212–7212–01; I.D.

080597F]

RIN 0648–AK14

Fisheries of the Exclusive Economic

Zone Off Alaska; Allocation of Atka

Mackerel to Vessels Using Jig Gear

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Proposed rule; request for

comments.

SUMMARY: NMFS proposes regulations to

implement Amendment 34 to the

Fishery Management Plan for the

Groundfish Fishery of the Bering Sea

and Aleutian Islands Area (FMP).

Amendment 34 would authorize an

allocation of Atka mackerel to vessels

using jig gear. Annually, up to 2 percent

of the total allowable catch (TAC)

specified for this species in the eastern

Aleutian Islands District (AI)/Bering Sea

subarea (BS) could be allocated to the jig

gear fleet fishing in this area. This

action is necessary to provide an

opportunity to a localized, small-vessel

jig gear fleet to fish for Atka mackerel

in summer months. The large-scale

trawl fisheries typically harvest the