30528 Federal Register / Vol. 83, No. 126 / Friday, June 29, 2018 / Rules and Regulations 

injury. The means of protection must 

take into consideration a range of stature 

from a two-year-old child to a 95th 

percentile male. The inflatable lap belt 

must provide a consistent approach to 

energy absorption throughout that range 

of occupants. In addition, the following 

situations must be considered. 

The seat occupant is: 

• Holding an infant 

• a child in a child-restraint device 

• a child not using a child-restraint 

device 

• a pregnant woman 

2. The inflatable lap belt must provide 

adequate protection for each occupant 

regardless of the number of occupants of 

the seat assembly, considering that 

unoccupied seats may have an active 

airbag system in the lap belt. 

3. The design must prevent the 

inflatable lap belt from being either 

incorrectly buckled or incorrectly 

installed such that the inflatable lap belt 

would not properly deploy. 

Alternatively, it must be shown that 

such deployment is not hazardous to the 

occupant, and will provide the required 

head-injury protection. 

4. The inflatable lap-belt system must 

be shown not to be susceptible to 

inadvertent deployment as a result of 

wear and tear, or inertial loads resulting 

from in-flight or ground maneuvers 

(including gusts and hard landings), 

likely to be experienced in service. 

5. Deployment of the inflatable lap 

belt must not introduce injury 

mechanisms to the seated occupant, nor 

result in injuries that could impede 

rapid egress. This assessment should 

include an occupant who is in the brace 

position when it deploys, and an 

occupant whose inflatable lap belt is 

loosely fastened. 

6. An inadvertent deployment that 

could cause injury to a standing or 

sitting person must be shown to be 

improbable. 

7. It must be shown that inadvertent 

deployment of the airbag system in the 

lap belt, during the most critical part of 

the flight, either will not cause a hazard 

to the airplane or its occupants, or meets 

the requirement of § 25.1309(b). 

8. The inflatable lap belt must be 

shown to not impede rapid egress of 

occupants 10 seconds after its 

deployment. 

9. The inflatable lap-belt system must 

be protected from lightning and HIRF. 

The threats specified in existing 

regulations regarding lightning, 

§ 25.1316, and HIRF, § 25.1317, are 

incorporated by reference for the 

purpose of measuring lightning and 

HIRF protection. For the purposes of 

complying with HIRF requirements, the 

inflatable lap-belt system is considered 

a ‘‘critical system’’ if its deployment 

could have a hazardous effect on the 

airplane; otherwise it is considered an 

‘‘essential’’ system. 

10. The inflatable lap belt must 

function properly after loss of normal 

airplane electrical power, and after a 

transverse separation of the fuselage at 

the most critical location. A separation 

at the location of the lap belt does not 

have to be considered. 

11. The inflatable lap belt must be 

shown to not release hazardous 

quantities of gas or particulate matter 

into the cabin. 

12. The inflatable lap-belt installation 

must be protected from the effects of fire 

such that no hazard to occupants will 

result. 

13. A means must be available for a 

crewmember to verify the integrity of 

the inflatable-lap-belt-activation system 

prior to each flight, or it must be 

demonstrated to reliably operate 

between inspection intervals. 

14. The inflatable material may not 

have an average burn rate of greater than 

2.5 inches per minute when tested using 

the horizontal-flammability test as 

defined in 14 CFR part 25, appendix F, 

section I(b)(5). 

15. The airbag system in the lap belt, 

once deployed, must not adversely 

affect the emergency-lighting system 

(i.e., block floor-proximity lights to the 

extent that the lights no longer meet 

their intended function). 

Issued in Des Moines, Washington, on June 

25, 2018. 

Victor Wicklund, 

Manager, Transport Standards Branch, Policy 

and Innovation Division, Aircraft 

Certification Service. 

[FR Doc. 2018–13999 Filed 6–28–18; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

15 CFR Part 902 

50 CFR Part 679 

[Docket No. 170621579–8522–02] 

RIN 0648–BG96 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Nontrawl Lead Level 

2 Observers 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Final rule. 

SUMMARY: NMFS issues regulations to 

modify specific provisions of the North 

Pacific Observer Program. The first two 

elements of this final rule implement 

requirements for an observer to obtain a 

nontrawl lead level 2 (LL2) deployment 

endorsement and implement a precruise meeting requirement for vessels 

required to carry an observer with a 

nontrawl LL2 deployment endorsement. 

These two elements are intended to 

increase the number of observers that 

qualify for a nontrawl LL2 deployment 

endorsement and maintain observer 

safety and data quality. The third 

element of this final rule removes 

duplicative and unnecessary reporting 

requirements and makes minor changes 

to reduce observer requirements for 

specific vessels when participating in 

the Western Alaska Community 

Development Quota (CDQ) Program. 

This action is intended to promote the 

goals and objectives of the MagnusonStevens Fishery Conservation and 

Management Act, the Fishery 

Management Plan for Groundfish of the 

Gulf of Alaska, and the Fishery 

Management Plan for Groundfish of the 

Bering Sea and Aleutian Islands 

Management Area, and other applicable 

law. 

DATES: Effective July 30, 2018. 

ADDRESSES: Electronic copies of the 

Regulatory Impact Review (RIR) and the 

Categorical Exclusion prepared for this 

action are available from 

www.regulations.gov or from the NMFS 

Alaska Region website at 

alaskafisheries.noaa.gov. All public 

comment letters submitted during the 

comment period may be obtained from 

www.regulations.gov/#!docketDetail;D=

NOAA-NMFS-2017-0071. 

Written comments regarding the 

burden-hour estimates or other aspects 

of the collection-of-information 

requirements contained in this final rule 

may be submitted by mail to NMFS 

Alaska Region, P.O. Box 21668, Juneau, 

AK 99802–1668, Attn: Ellen Sebastian, 

Records Officer; in person at NMFS 

Alaska Region, 709 West 9th Street, 

Room 420A, Juneau, AK; and to OIRA 

by email to OIRA_Submission@

omb.eop.gov or by fax to 202–395–5806. 

FOR FURTHER INFORMATION CONTACT: 

Alicia M Miller, (907) 586–7228 or 

alicia.m.miller@noaa.gov. 

SUPPLEMENTARY INFORMATION: 

Authority for Action 

NMFS manages the groundfish 

fisheries in the exclusive economic zone 

under the Fishery Management Plan for 

Groundfish of the Gulf of Alaska (GOA 

FMP) and under the Fishery 

Management Plan for Groundfish of the 


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Bering Sea and Aleutian Islands 

Management Area (BSAI FMP). The 

North Pacific Fishery Management 

Council (Council) prepared the FMPs 

under the authority of the MagnusonStevens Fishery Conservation and 

Management Act (Magnuson-Stevens 

Act), 16 U.S.C. 1801 et seq. Regulations 

governing U.S. fisheries and 

implementing the FMPs appear at 50 

CFR parts 600 and 679. 

NMFS published the proposed rule 

for this action on December 27, 2017 (82 

FR 61243), with comments invited 

through January 26, 2018. 

NMFS received five comment letters 

during the applicable comment period. 

Four of these comment letters were on 

topics that were outside the scope of 

this action. One comment letter 

addressed the proposed rule and 

contained five substantive comments 

which are summarized and responded 

to under the heading ‘‘Response to 

Comments’’ below. 

A detailed review of the provisions of 

the regulations to modify specific 

provisions of the North Pacific Observer 

Program (Observer Program) and the 

rationale for these regulations are 

provided in the preamble to the 

proposed rule (82 FR 61243, December 

27, 2017) and are briefly summarized in 

this final rule. 

Background 

Regulations at subpart E of 50 CFR 

part 679 require that most vessels 

fishing for groundfish or halibut must 

carry an observer for some or all fishing 

activities to ensure the collection of data 

necessary to manage the groundfish and 

halibut fisheries. 

The Observer Program is an integral 

component in the management of North 

Pacific fisheries. The Observer Program 

has two observer coverage categories: 

Partial and full. Regulations at 50 CFR 

679.51 require vessels and processors in 

the full coverage category to carry an 

observer at all times when fish are 

caught or processed. This final rule 

affects catcher/processors in the full 

coverage category (i.e., vessels that catch 

and process their own catch at-sea), and 

all motherships (i.e., those vessels that 

receive unsorted catch from other 

vessels and process that catch at-sea). 

Owners of vessels or processors in the 

full coverage category must contract 

directly with a permitted observer 

provider and pay for required observer 

coverage. Two groups of vessels are 

required to carry an observer with a 

nontrawl LL2 deployment endorsement. 

The first group of vessels includes 

vessels named on a License Limitation 

Program license with a Pacific cod 

catcher/processor hook-and-line 

endorsement for the Bering Sea, 

Aleutian Islands, or both the Bering Sea 

and Aleutian Islands (BSAI). These 

vessels are subject to monitoring 

requirements at 50 CFR 679.100 and are 

referred to as ‘‘freezer longline vessels’’ 

throughout this final rule. Pursuant to 

50 CFR 679.100, a freezer longline 

vessel must carry an observer with a 

nontrawl LL2 deployment endorsement 

when the vessel (1) operates in either 

the BSAI or Gulf of Alaska groundfish 

fisheries and directed fishing for Pacific 

cod is open in the BSAI, or (2) when the 

vessel participates in the CDQ 

groundfish fisheries. These monitoring 

requirements for freezer longline vessels 

were implemented in 2012 and require 

freezer longline vessel owners and 

operators to select between one of two 

monitoring options: Either carry two 

observers so that all catch can be 

sampled, or carry one observer and use 

a motion-compensated flow scale to 

weigh Pacific cod before it is processed. 

Both monitoring options require the 

vessel to carry one observer endorsed as 

a nontrawl LL2 observer (77 FR 59053; 

September 26, 2012). 

The second group of vessels that is 

required to carry an observer with a 

nontrawl LL2 deployment endorsement 

includes catcher/processors that use pot 

gear when participating in the CDQ 

groundfish fisheries (groundfish CDQ 

fishing) (77 FR 6492; February 8, 2012). 

These pot catcher/processors are 

required to carry an observer with a 

nontrawl LL2 deployment endorsement 

when groundfish CDQ fishing and may 

participate in other fisheries that do not 

require a nontrawl LL2 observer. 

Regulations at 50 CFR 679.32 describe 

the specific monitoring requirements for 

vessels when participating in the 

sablefish CDQ, pollock CDQ, and other 

groundfish CDQ fisheries. 

Since 2014, observer providers 

contracted by vessels in the full 

coverage category have reported that 

they have been unable to create and 

retain an adequate pool of qualified 

nontrawl LL2 observers resulting in a 

diminishing pool of qualified observers 

employed by those observer providers. 

The requirements in this final rule are 

intended to increase the number of 

observers that qualify for a nontrawl 

LL2 deployment endorsement and 

thereby minimize additional costs to 

affected entities for an observer to 

obtain a nontrawl LL2 deployment 

endorsement. This final rule also 

implements provisions that are intended 

to maintain observer safety and data 

quality. 

This Final Rule 

This final rule includes three 

elements. The first element implements 

new sampling experience requirements 

for an observer to obtain a nontrawl LL2 

deployment endorsement. These 

sampling requirements allow sampling 

experience on a trawl catcher/processor 

or mothership vessel to count toward a 

nontrawl LL2 deployment endorsement. 

These requirements also authorize the 

Observer Program to require additional 

training for observers as necessary to 

adequately prepare them to safely 

perform data collection duties relevant 

to the nontrawl LL2 deployment 

endorsement. 

The second element of this final rule 

requires the operator or manager of a 

vessel that carries nontrawl LL2 

observers to participate in a pre-cruise 

meeting with the observer assigned to 

the vessel if notified to do so by NMFS. 

This final rule requires freezer longline 

vessels and pot catcher/processors when 

groundfish CDQ fishing to notify the 

Observer Program prior to embarking on 

a trip with a nontrawl LL2 observer who 

has not deployed on that vessel in the 

past 12 months. Subsequently, the 

Observer Program may contact the 

vessel and require the vessel operator or 

manager and the observer assigned to 

the vessel to participate in a pre-cruise 

meeting prior to embarking on a trip. 

The third element of this final rule 

removes duplicative and unnecessary 

reporting requirements and makes 

minor changes to reduce observer 

requirements for specific vessels 

participating in the CDQ Program. 

Response to Comments 

NMFS received five comment letters 

during the comment period. Four of 

these comment letters were outside the 

scope of this action. These letters raised 

issues not relevant to this rulemaking 

and are not addressed in this final rule. 

One comment letter directly addressed 

the proposed rule and contained five 

substantive comments that are 

summarized and responded to below. 

This comment letter was from the 

Freezer Longline Coalition (FLC) that 

represents members of the Freezer 

Longline Conservation Cooperative 

(FLCC), which includes freezer longline 

vessels impacted by this action. 

Comment 1: We support 

implementing new requirements for an 

observer to obtain a nontrawl LL2 

deployment endorsement, and for the 

operator or manager of a vessel required 

to carry an observer with a nontrawl 

LL2 deployment endorsement to 

participate in a pre-cruise meeting with 


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the observer if notified by NMFS to do 

so. 

Response: NMFS acknowledges this 

comment. 

Comment 2: We agree that increasing 

the number of observers that may 

qualify for a nontrawl LL2 deployment 

endorsement will reduce costs to vessel 

owners required to carry a nontrawl LL2 

endorsed observer. 

Response: NMFS acknowledges this 

comment. 

Comment 3: NMFS’ proposed rule did 

not include sufficient explanation about 

how the implementation of the nontrawl 

LL2 observer training class will result in 

enough observers receiving a nontrawl 

LL2 deployment endorsement to 

minimize additional costs to the 

industry. 

Response: NMFS disagrees. The 

preamble to the proposed rule includes 

a description of the minimum and 

potential maximum demand for 

nontrawl LL2 observer training classes 

(82 FR 61243, December 27, 2017). As 

described in the preamble to the 

proposed rule and the RIR, observer 

providers and representatives of freezer 

longline vessels reported shortages in 

2014 of nontrawl LL2 observers on 

freezer longline vessels, and that this 

shortage resulted in delayed fishing 

operations in some cases. This final rule 

provides a path for observers with 

sampling experience on trawl vessels to 

qualify for a nontrawl LL2 deployment 

endorsement. NMFS expects this to 

increase the availability of qualified 

nontrawl LL2 observers, which would 

reduce the potential for delayed fishing 

operations and would reduce costs 

associated with delays, such as costs for 

crew time, food, and missed fishing 

opportunities. Section 4.3.2 and Table 

16 of the RIR and the preamble to the 

proposed rule include additional 

information about the costs to industry 

created by a shortage of nontrawl LL2 

observers. 

In addition, the proposed rule cites 

the best scientific information available, 

and Section 3.3.5 of the RIR provided a 

description of the estimated costs to the 

freezer longline fleet due to the shortage 

of nontrawl LL2 endorsed observers. 

Specifically, Section 3.3.5 of the RIR 

summarizes the costs of voluntarily 

carrying a second observer to allow the 

observer to gain experience required for 

a nontrawl LL2 deployment 

endorsement. That cost is estimated to 

be $11,130 per observer for a 30-day 

trip. NMFS estimated this cost per trip 

by using information provided in Table 

16 of the RIR. NMFS multiplied the 

estimated length of a freezer longline 

trip (30 days) by the estimated cost per 

day to deploy an observer ($371). NMFS 

then multiplied that total by the number 

of trips for which a freezer longline 

vessel voluntarily carried a second 

observer to obtain the total annual 

estimated cost. 

NMFS expects that the cost for an 

observer with the requisite experience 

aboard a vessel using trawl gear to 

obtain a LL2 deployment endorsement 

through a two to three day training 

course will be significantly lower than 

the cost associated with a 30-day 

deployment. Based on the best available 

scientific information, NMFS 

anticipates that providing at least one 

nontrawl LL2 observer training class 

annually will meet the demand for 

additional nontrawl LL2 deployment 

endorsements, and freezer longline 

vessels will not need to voluntarily 

carry a second observer and incur 

associated additional costs. 

In addition, the Observer Program 

routinely determines the training 

necessary for an observer to receive 

certification, annual endorsements and 

deployment endorsements, and 

responds to requests from observer 

providers to schedule training classes at 

NMFS facilities. The Observer Program 

may adjust the number of nontrawl LL2 

training classes offered each year if 

required to meet demand. 

Comment 4: NMFS should not apply 

the Small Business Administration 

(SBA) principles of affiliation for the 

purpose of determining if members of 

the FLCC are considered small entities 

under the Regulatory Flexibility Act 

(RFA). In addition, SBA’s principles are 

not the best guide for considering 

affiliation for RFA analyses performed 

by NMFS. 

Response: NMFS disagrees. Under 

Executive Order 13272, signed on 

August 13, 2002, the SBA’s Office of 

Advocacy is directed to provide Federal 

agencies with training and information 

on how to comply with the RFA. The 

SBA provides information about how to 

comply with the RFA through its 

regulations at 13 CFR part 121 and 

guidance posted on its website at 

www.sba.gov. Therefore, it is 

appropriate for NMFS to apply 

regulations and guidelines developed by 

the SBA in classifying entities for RFA 

analyses. 

Based on the contractual 

relationships, recognized since the 

formation of the FLCC in August 2010, 

NMFS determined that all members of 

the FLCC are affiliated as described 

under 13 CFR 121.103(f) for the purpose 

of analyses prepared under the RFA. 

This application of the SBA principles 

of affiliation is consistent with how 

NMFS has applied this size standard to 

vessels and processors in fishing 

cooperatives in the North Pacific since 

at least 2001 (66 FR 65028; December 

17, 2001). NMFS has applied this same 

determination to vessels and processors 

in fishing cooperatives under the 

American Fisheries Act, the Crab 

Rationalization Program, the 

Amendment 80 Program, the Gulf of 

Alaska Rockfish Program, and for the 

FLCC. 

The FLCC is a registered active nonprofit corporation in the State of 

Washington and, through the FLC, 

maintains an active website identifying 

all member vessels (http://www.freezer

longlinecoalition.com/members.html). 

In addition, the FLC affirms that the 

FLCC operates as a voluntary fishery 

cooperative in its letter of comment on 

the proposed rule by stating that ‘‘All 

members of the FLC [Freezer Longline 

Coalition] are also members of the 

Freezer Longline Conservation 

Cooperative (FLCC), a voluntary fishing 

cooperative established in 2010.’’ 

Thus, NMFS maintains that the 

members of the FLCC are recognized as 

members of a voluntary fishing 

cooperative with a single identity of 

interest in the harvest of the annual 

allocation of Pacific cod to the BSAI 

freezer longline vessels such that 

interests should be aggregated for the 

purpose of analysis prepared under the 

RFA. The contractual relationship 

among vessels in the cooperative allows 

members to work together to more 

efficiently harvest fishery allocations. 

The ability to plan ahead, cooperate in 

harvest decisions, and share some 

expenses constitutes a degree of 

economic dependence not available to 

independent fishing vessels. In 

addition, the conclusion that the 

members of the FLCC are affiliated for 

purposes of the RFA is consistent with 

previous actions implemented since the 

formation of the FLCC in 2010 and 

impacting the same fleet prosecuting the 

same resources (77 FR 59053, 

September 26, 2012; 77 FR 58775, 

September 24, 2012; 79 FR 603, January 

6, 2014; 79 FR 68610, November 18, 

2014). 

Comment 5: NMFS incorrectly 

classifies freezer longline vessels as 

predominantly engaged in fish 

harvesting rather than fish processing 

for the purpose of analysis required 

under the RFA. The commenter asserts 

that catcher/processors should be 

classified as predominantly involved in 

fish processing and the associated 

threshold of employing 750 or fewer 

persons on a full-time, part-time, 

temporary, or other basis, at all affiliated 

operations worldwide should be applied 

to determine if an entity is considered 

small under the RFA. 


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Response: NMFS disagrees. As 

described in the response to Comment 

4, all freezer longline vessels impacted 

by this action are members of the FLCC. 

In a letter received by NMFS on May 19, 

2011 from the FLCC, the FLCC describes 

itself as a voluntary fishing cooperative 

with the purpose of ‘‘promoting, 

fostering, and encouraging the 

intelligent and orderly harvest of Pacific 

cod and other groundfish species in the 

Bering Sea/Aleutian Islands longline 

fisheries off Alaska . . .’’ The FLCC’s 

description of its members refers to 

coordinating the harvest of finfish and 

does not refer to processing as a primary 

activity. Further, the members of the 

FLCC have exclusive harvesting rights 

to the annual allocation in the BSAI to 

the defined class of longline catcher/ 

processor subsector participants rather 

than exclusive processing rights. 

Additionally, none of the FLCC 

members purchase unprocessed catch 

for the sole purpose of increasing 

processing activity; therefore, the 

processing activity of an individual 

freezer longline vessel is limited by its 

harvesting activity. Without the primary 

harvesting activity, the secondary 

processing activity does not occur. For 

these reasons, NMFS affirms its 

determination that, for purposes of RFA 

analyses, the freezer longline vessels 

affected by this action are primarily 

engaged in commercial fishing. 

Therefore, it is appropriate for NMFS to 

classify freezer longline vessels in the 

commercial fishing industry category 

(NAICS 11411), and to apply the small 

business size standard of $11 million in 

annual gross receipts to the group of 

affiliated vessels. 

Changes From Proposed to Final Rule 

NMFS made three changes to this 

final rule. These changes provide minor 

clarifications that do not substantively 

modify the regulations as proposed. 

The first change adds the word 

‘‘either’’ and the regulatory text in 

paragraph (a)(5)(v)(C)(4) of the proposed 

rule to paragraph § 679.53(a)(5)(v)(C)(3) 

to clarify that either one of the two 

minimum sampling experience 

requirements may satisfy one of the 

three conditions set forth in paragraph 

(a)(5)(v)(C) necessary to deploy as a 

nontrawl lead level 2 observer. 

The second change adds the words 

‘‘at least’’ to § 679.53(a)(5)(v)(C)(3) to 

clarify that at least 100 or more sampled 

hauls on catcher/processors using trawl 

gear satisfies the minimum sampling 

experience requirement specified in this 

paragraph. 

The third change correctly identifies 

the locations in 50 CFR part 679 where 

the term ‘‘Observer Program Office’’ will 

be replaced with the term ‘‘Observer 

Program’’ by including § 679.52(a)(2), 

(b)(1)(iii)(A), (b)(2)(iv), (b)(3)(ii)(B), and 

(b)(8) introductory text. These 

paragraphs were inadvertently 

incorrectly listed in the table as 

paragraphs of § 679.51 in the proposed 

rule. 

OMB Revisions to PRA References in 15 

CFR 902.1(b) 

Section 3507(c)(B)(i) of the Paperwork 

Reduction Act (PRA) requires that 

agencies inventory and display a current 

control number assigned by the Director 

of the Office of Management and Budget 

(OMB), for each agency information 

collection. Section 902.1(b) identifies 

the location of NOAA regulations for 

which OMB control numbers have been 

issued. Because this final rule revises 

and adds data elements within a 

collection-of-information for 

recordkeeping and reporting 

requirements, this final rule includes 

revisions to 15 CFR 902.1(b) to correctly 

reference the control number and 

associated regulation sections included 

in this final rule. 

Classification 

The Administrator, Alaska Region, 

NMFS, has determined that this final 

rule is necessary for the conservation 

and management of the groundfish 

fishery and is consistent with the GOA 

and BSAI FMPs, the Magnuson-Stevens 

Act, and other applicable law. 

This final rule has been determined to 

be not significant for the purposes of 

Executive Order 12866. 

The Chief Counsel for Regulation of 

the Department of Commerce certified 

to the Chief Counsel for Advocacy of the 

Small Business Administration (SBA) 

that this final rule will not have a 

significant economic impact on a 

substantial number of small entities. 

NMFS published a proposed rule on 

December 27, 2017 (82 FR 61243). An 

IRFA was prepared and included in the 

‘‘Classification’’ section of the preamble 

to the proposed rule. The comment 

period closed on January 26, 2018. 

NMFS received five letters of comment 

on the proposed rule. One comment 

letter contained two comments on the 

IRFA, which are summarized in the 

‘‘Response to Comments’’ section 

(Comments 4 and 5). The comments on 

the IRFA were considered by NMFS in 

the decision to certify this final rule. 

The Chief Counsel for Advocacy of the 

SBA did not file any comments on the 

proposed rule. 

The factual basis for certification of 

this final rule is described below. This 

action includes three elements that 

modify specific provisions of the 

Observer Program. The first element 

modifies sampling experience 

requirements for an observer to obtain a 

nontrawl LL2 deployment endorsement. 

The second element requires the 

operator or manager of a vessel required 

to carry an observer with a nontrawl 

LL2 deployment endorsement to 

participate in a pre-cruise meeting when 

notified to do so by NMFS. The third 

element removes duplicative and 

unnecessary reporting requirements and 

makes minor changes to reduce or 

remove observer-related requirements 

for specific vessels when participating 

in the CDQ Program. 

This action directly regulates 

observers and owners and operators of 

the following vessels: (1) Freezer 

longline vessels that participate in the 

BSAI hook-and-line Pacific cod fishery; 

and (2) pot catcher/processors, trawl 

catcher/processors, nontrawl catcher/ 

processors, and motherships when 

groundfish CDQ fishing. For reasons 

explained in more detail in the IRFA 

and in responses to Comment 4 and 

Comment 5 in the preamble to this final 

rule, NMFS has determined that there 

are no small entities directly regulated 

by this final rule. 

In addition, this action is expected to 

reduce the cost for vessels to comply 

with observer coverage requirements 

and is not expected to impose 

significant costs of complying with new 

reporting requirements. This action will 

benefit all affected vessels by increasing 

the number of observers that may 

qualify for a nontrawl LL2 deployment 

endorsement and will remove observerrelated requirements for specific vessels 

when participating in the CDQ Program. 

For all of these reasons, this action is 

not expected to have a significant 

economic impact on a substantial 

number of small entities. As a result, a 

final regulatory flexibility analysis is not 

required, and none has been prepared. 

The economic analysis contained in the 

RIR (see ADDRESSES) and in the IRFA 

included in the ‘‘Classification’’ section 

of the proposed rule prepared for this 

action further describes the regulatory 

and operational characteristics of the 

affected vessels, including the history of 

this action, and the details of the 

alternatives considered for this action, 

including the preferred alternative. 

Collection-of-Information Requirements 

This final rule contains collection-ofinformation requirements subject to the 

Paperwork Reduction Act (PRA) and 

which have been approved by the Office 

of Management and Budget (OMB) 

under OMB control number 0648–0318 

(North Pacific Observer Program). The 

public reporting burden for these 


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collection-of-information requirements 

includes the time for reviewing 

instructions, searching existing data 

sources, gathering and maintaining the 

data needed, and completing and 

reviewing the collection of information. 

This final rule will require that the 

Observer Program be notified by phone 

at least 24 hours prior to departure 

when a vessel will carry an observer 

who has not deployed on that vessel in 

the past 12 months. Public reporting 

burden per response to notify the 

Observer Program by phone is estimated 

to be five minutes. 

Send comments on these burden 

estimates or any other aspect of this data 

collection, including suggestions for 

reducing the burden, to NMFS Alaska 

Region (see ADDRESSES), and by email to 

OIRA_Submission@omb.eop.gov, or by 

fax to (202) 395–5806. 

Notwithstanding any other provision 

of the law, no person is required to 

respond to, and no person shall be 

subject to penalty for failure to comply 

with, a collection of information subject 

to the requirements of the PRA, unless 

that collection of information displays a 

currently valid OMB control number. 

All currently approved NOAA 

collections of information may be 

viewed at http://www.cio.noaa.gov/ 

services_programs/prasubs.html. 

List of Subjects 

15 CFR Part 902 

Reporting and recordkeeping 

requirements. 

50 CFR Part 679 

Alaska, Fisheries, Recordkeeping and 

reporting requirements. 

Dated: June 26, 2018. 

Samuel D. Rauch, III, 

Deputy Assistant Administrator for 

Regulatory Programs, National Marine 

Fisheries Service. 

For the reasons set out in the 

preamble, NMFS amends 15 CFR part 

902 and 50 CFR part 679 as follows: 

Title 15—Commerce and Foreign Trade 

PART 902—NOAA INFORMATION 

COLLECTION REQUIREMENTS UNDER 

THE PAPERWORK REDUCTION ACT: 

OMB CONTROL NUMBERS 

■ 1. The authority citation for part 902 

continues to read as follows: 

Authority: 44 U.S.C. 3501 et seq. 

■ 2. In § 902.1, in the table in paragraph 

(b), under the entry ‘‘50 CFR’’, add 

entries in alphanumeric order for 

‘‘679.84(c)(7)’’ and ‘‘679.93(c)(7)’’; 

remove the entry for ‘‘679.100 (a) and 

(b)’’; and add entries in alphanumeric 

order for ‘‘679.100(a)’’ and ‘‘679.100(b)’’ 

to read as follows: 

§ 902.1 OMB control numbers assigned 

pursuant to the Paperwork Reduction Act. 

* * * * * 

(b) * * * 

CFR part or section 

where the information 

collection requirement 

is located 

Current OMB control 

number (all numbers 

begin with 0648–) 

* * * * * 

50 CFR: 

* * * * * 

679.84(c)(7) ............... ¥0318. 

* * * * * 

679.93(c)(7) ............... ¥0318. 

* * * * * 

679.100(a) ................. ¥0330 and ¥0515. 

679.100(b) ................. ¥0318, ¥0330, and 

¥0515. 

* * * * * 

* * * * * 

Title 50—Wildlife and Fisheries 

PART 679—FISHERIES OF THE 

EXCLUSIVE ECONOMIC ZONE OFF 

ALASKA 

■ 3. The authority citation for part 679 

continues to read as follows: 

Authority: 16 U.S.C. 773 et seq.; 1801 et 

seq.; 3631 et seq.; Pub. L. 108–447; Pub. L. 

111–281. 

■ 4. In § 679.2: 

■ a. Remove the definition for 

‘‘Observer Program Office’’; and 

■ b. Add the definitions for ‘‘Cruise’’ 

and ‘‘Observer Program’’ in alphabetical 

order to read as follows: 

§ 679.2 Definitions. 

* * * * * 

Cruise means an observer deployment 

with a unique cruise number. A cruise 

begins when an observer receives an 

endorsement to deploy and ends when 

the observer completes all debriefing 

responsibilities. 

* * * * * 

Observer Program means the 

administrative office of the North 

Pacific Observer Program located at the 

Alaska Fisheries Science Center (See 

§ 679.51(c)(3) for contact information). 

* * * * * 

■ 5. In § 679.32: 

■ a. Remove and reserve paragraphs 

(c)(3)(i)(B)(2), (c)(3)(i)(C)(2), and 

(c)(3)(i)(E)(2); and 

■ b. Add paragraph (c)(3)(i)(E)(4) to read 

as follows: 

§ 679.32 Groundfish and halibut CDQ 

catch monitoring. 

* * * * * 

(c) * * * 

(3) * * * 

(i) * * * 

(E) * * * 

(4) Notify the Observer Program by 

phone at 1 (907) 581–2060 (Dutch 

Harbor, AK) or 1 (907) 481–1770 

(Kodiak, AK) at least 24 hours prior to 

departure when the vessel will be 

carrying an observer who has not 

previously been deployed on that vessel 

within the last 12 months. Subsequent 

to the vessel’s departure notification, 

but prior to departure, NMFS may 

contact the vessel to arrange for a precruise meeting. The pre-cruise meeting 

must minimally include the vessel 

operator or manager and any observers 

assigned to the vessel. 

* * * * * 

■ 6. Revise the heading of subpart E to 

read as follows: 

Subpart E—North Pacific Observer 

Program 

■ 7. In § 679.50, revise paragraph (a)(2) 

to read as follows: 

§ 679.50 Applicability. 

(a) * * * 

(2) Exceptions. A catcher vessel is not 

subject to the requirements of this 

subpart when delivering unsorted 

codends to a mothership. 

* * * * * 

■ 8. In § 679.51, revise paragraph 

(a)(2)(vi)(A)(5) to read as follows: 

§ 679.51 Observer and Electronic 

Monitoring System requirements for 

vessels and plants. 

(a) * * * 

(2) * * * 

(vi) * * * 

(A) * * * 

(5) Motherships. A mothership that 

receives unsorted codends from catcher 

vessels groundfish CDQ fishing must 

have at least two observers aboard the 

mothership, at least one of whom must 

be endorsed as a lead level 2 observer. 

More than two observers must be aboard 

if the observer workload restriction 

would otherwise preclude sampling as 

required. 

* * * * * 

■ 9. In § 679.53: 

■ a. Remove and reserve paragraph 

(a)(5)(v)(B); and 

■ b. Revise paragraph (a)(5)(v)(C) to read 

as follows: 

§ 679.53 Observer certification and 

responsibilities. 

(a) * * * 


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Federal Register / Vol. 83, No. 126 / Friday, June 29, 2018 / Rules and Regulations 30533 

(5) * * * 

(v) * * * 

(C) A lead level 2 observer on a vessel 

using nontrawl gear must have 

completed the following: 

(1) Two observer cruises (contracts) of 

at least 10 days each; 

(2) Successfully completed training or 

briefing as prescribed by the Observer 

Program; and 

(3) Either sampled at least 30 sets on 

a vessel using nontrawl gear or sampled 

at least 100 hauls on a catcher/processor 

using trawl gear or on a mothership. 

* * * * * 

§§ 679.51, 679.52, and 679.53 [Amended] 

■ 10. In the table below, for each section 

indicated in the ‘‘Location’’ column, 

remove the phrase indicated in the 

‘‘Remove’’ column from wherever it 

appears in the section and add the word 

indicated in the ‘‘Add’’ column: 

Location Remove Add Frequency 

§ 679.51(a)(2)(vi)(B)(1), (a)(2)(vi)(B)(3), (a)(2)(vi)(B)(4), 

(a)(2)(vi)(C), (a)(2)(vi)(D)(1), (a)(2)(vi)(D)(2), and 

(a)(2)(vi)(E)(1).

certified ................................... endorsed ................................. 1 

§ 679.51(c)(3) ............................................................................ Observer Program Office ........ Observer Program .................. 1 

§ 679.52(a)(2), (b)(1)(iii)(A), (b)(2)(iv), (b)(3)(ii)(B), and (b)(8) 

introductory text.

Observer Program Office ........ Observer Program .................. 1 

§ 679.52(b)(11) introductory text ............................................... Observer Program Office ........ Observer Program .................. 2 

§ 679.52(b)(11)(i) introductory text, (b)(11)(ii), (b)(11)(iii), and 

(b)(11)(vi) introductory text.

Observer Program Office ........ Observer Program .................. 1 

§ 679.52(b)(11)(vii) introductory text ......................................... Observer Program Office ........ Observer Program .................. 3 

§ 679.52(b)(11)(viii) introductory text, (b)(11)(viii)(A), 

(b)(11)(ix), (b)(11)(x) introductory text, and (b)(12).

Observer Program Office ........ Observer Program .................. 1 

§ 679.53(a)(1) ............................................................................ Observer Program Office ........ Observer Program .................. 1 

§ 679.53(a)(5)(v) introductory text, and (a)(5)(v)(A) ................. ‘‘lead’’ ...................................... lead ......................................... 1 

§ 679.53(b)(2)(i) ........................................................................ Observer Program Office ........ Observer Program .................. 1 

■ 11. In § 679.84, revise paragraph (c)(7) 

to read as follows: 

§ 679.84 Rockfish Program 

Recordkeeping, permits, monitoring, and 

catch accounting. 

* * * * * 

(c) * * * 

(7) Pre-cruise meeting. The Observer 

Program is notified by phone at 1 (907) 

481–1770 (Kodiak, AK) at least 24 hours 

prior to departure when the vessel will 

be carrying an observer who has not 

previously been deployed on that vessel 

within the last 12 months. Subsequent 

to the vessel’s departure notification, 

but prior to departure, NMFS may 

contact the vessel to arrange for a precruise meeting. The pre-cruise meeting 

must minimally include the vessel 

operator or manager and any observers 

assigned to the vessel. 

* * * * * 

■ 12. In § 679.93, revise paragraph (c)(7) 

to read as follows: 

§ 679.93 Amendment 80 Program 

recordkeeping, permits, monitoring, and 

catch accounting. 

* * * * * 

(c) * * * 

(7) Pre-cruise meeting. The Observer 

Program is notified by phone at 1 (907) 

581–2060 (Dutch Harbor, AK) or 1 (907) 

481–1770 (Kodiak, AK) at least 24 hours 

prior to departure when the vessel will 

be carrying an observer who has not 

previously been deployed on that vessel 

within the last 12 months. Subsequent 

to the vessel’s departure notification, 

but prior to departure, NMFS may 

contact the vessel to arrange for a precruise meeting. The pre-cruise meeting 

must minimally include the vessel 

operator or manager and any observers 

assigned to the vessel. 

* * * * * 

■ 13. In § 679.100, add paragraphs 

(b)(1)(v) and (b)(2)(i)(E) to read as 

follows: 

§ 679.100 Applicability. 

* * * * * 

(b) * * * 

(1) * * * 

(v) The Observer Program is notified 

by phone at 1 (907) 581–2060 (Dutch 

Harbor, AK) or 1 (907) 481–1770 

(Kodiak, AK) at least 24 hours prior to 

departure when the vessel will be 

carrying an observer who has not 

previously been deployed on that vessel 

within the last 12 months. Subsequent 

to the vessel’s departure notification, 

but prior to departure, NMFS may 

contact the vessel to arrange for a precruise meeting. The pre-cruise meeting 

must minimally include the vessel 

operator or manager and any observers 

assigned to the vessel. 

(2) * * * 

(i) * * * 

(E) The Observer Program is notified 

by phone at 1 (907) 581–2060 (Dutch 

Harbor, AK) or 1 (907) 481–1770 

(Kodiak, AK) at least 24 hours prior to 

departure when the vessel will be 

carrying an observer who has not 

previously been deployed on that vessel 

within the last 12 months. Subsequent 

to the vessel’s departure notification, 

but prior to departure, NMFS may 

contact the vessel to arrange for a precruise meeting. The pre-cruise meeting 

must minimally include the vessel 

operator or manager and any observers 

assigned to the vessel. 

* * * * * 

[FR Doc. 2018–14071 Filed 6–28–18; 8:45 am] 

BILLING CODE 3510–22–P 

COMMODITY FUTURES TRADING 

COMMISSION 

17 CFR Part 1 

RIN 3038–AD53 

Adaptation of Regulations to 

Incorporate Swaps; Correction 

AGENCY: Commodity Futures Trading 

Commission. 

ACTION: Correcting amendments. 

SUMMARY: On November 2, 2012, the 

Commodity Futures Trading 

Commission revised its rules. That 

document inadvertently failed to 

remove several obsolete provisions in 

the regulation. This document corrects 

the final regulations. 

DATES: Effective on June 29, 2018. 

FOR FURTHER INFORMATION CONTACT: 

Jacob Chachkin, Special Counsel, 202– 

418–5496, email: jchachkin@cftc.gov, 

Division of Swap Dealer and 

Intermediary Oversight, Commodity 

Futures Trading Commission. 

SUPPLEMENTARY INFORMATION: In the 

Federal Register of November 2, 2012 

(77 FR 66287), the Commodity Futures 

Trading Commission published final 

rules adopting new regulations to 

implement particular provisions of the 


sradovich on DSK3GMQ082PROD with RULES