[Federal Register Volume 89, Number 5 (Monday, January 8, 2024)]
[Notices]
[Pages 930-933]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-00105]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

[Docket No. USCG-2023-0586]


National Commercial Fishing Safety Advisory Committee; September 
2023 Meetings

AGENCY: United States Coast Guard, Department of Homeland Security.

ACTION: Notice of availability of recommendations and request for 
comments.

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SUMMARY: The U. S. Coast Guard announces the availability of 
recommendations from the National Commercial Fishing Safety Advisory 
Committee (NCFSAC). The Committee met in September 2023 and sent eight 
recommendations to the Secretary of Homeland Security. The U.S. Coast 
Guard issues this Notice as the mechanism for receiving public comments 
and requests public comments on the recommendations.

DATES: Comments must be submitted on or before April 8, 2024.

[[Page 931]]


ADDRESSES: You may submit comments identified by docket number USCG-
2023-0586 using the Federal Decision Making Portal at https://www.regulations.gov. See the ``Public Participation and Request for 
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further 
instructions on submitting comments.

FOR FURTHER INFORMATION CONTACT: For information about this document 
email questions to <a href="/cdn-cgi/l/email-protection#044e6b6a65706c656a2a432a53616a6068656a6044717767632a696d68"><span class="__cf_email__" data-cfemail="3c7653525d48545d52127b126b595258505d52587c494f5f5b12515550">[email protected]</span></a> or call 202-372-1245.

SUPPLEMENTARY INFORMATION: 

Public Participation and Comments

    We encourage you to submit comments (or related material) on the 
committee recommendations. If you submit a comment, please include the 
docket number for this notice, indicate the specific recommendation to 
which each comment applies, and provide a reason for each suggestion.
    Submitting comments. We encourage you to submit comments through 
the Federal Decision Making Portal at http://www.regulations.gov. To do 
so, go to https://www.regulations.gov, type USCG-2023-0586 in the 
search box and click ``Search.'' Next, look for this document in the 
Search Results column, and click on it. Then click on the Comment 
option. If your material cannot be submitted using http://www.regulations.gov, contact the FOR FURTHER INFORMATION CONTACT 
section of this document for alternate instructions.
    Viewing material in docket. To view documents mentioned in this 
notice as being available in the docket, find the docket as described 
in the previous paragraph, and then select ``Supporting & Related 
Material'' in the Document Type column. Public comments will also be 
placed in our online docket and can be viewed by following instructions 
on the https://www.regulations.gov Frequently Asked Questions web page. 
We review all comments received, but we may choose not to post off-
topic, inappropriate, or duplicate comments that we receive.
    Personal information. We accept anonymous comments. Comments we 
post to https://www.regulations.gov will include any personal 
information you have provided. You may wish to view the Privacy & 
Security Notice and the User Notice, which are both available on the 
homepage of https://www.regulations.gov, and DHS's eRulemaking System 
of Records notice (85 FR 14226, March 11, 2020).

Discussion

    The National Commercial Fishing Safety Advisory Committee is 
authorized by section 601 of the Frank LoBiondo Coast Guard 
Authorization Act of 2018, (Pub. L. 115-282, 132 Stat. 4190), and is 
codified in 46 U.S.C. 15102. The Committee operates under the 
provisions of the Federal Advisory Committee Act and 46 U.S.C. 15109.
    The National Commercial Fishing Safety Advisory Committee provides 
advice and recommendations to the Secretary of Homeland Security 
through the Commandant of the U. S. Coast Guard, on matters relating to 
the safe operation of vessels. Additionally, the Committee will review 
regulations proposed under chapter 45 of title 46 of U.S Code (during 
preparation of the regulations) and review marine casualties and 
investigations of vessels covered by chapter 45 of title 46 U.S. Code 
and make recommendations to the Secretary to improve safety and reduce 
vessel casualties.
    The National Commercial Fishing Safety Advisory Committee (the 
committee) met from September 26, 2023 to September 28, 2023 (88 FR 
60961).\1\ The U. S. Coast Guard issued 10 tasks to the committee, and 
the committee sent eight recommendations to the Secretary based on 
those tasks. As required by 46 U.S.C. 15109(j)(3)(B), the U.S. Coast 
Guard is establishing a mechanism for the submission of public comments 
on these recommendations.
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    \1\ The U.S. Coast Guard gave public notice of this meeting on 
September 6, 2023. 88 FR 60961.
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    Description of Task #04-23: Review the multi-year statistics 
(provided by the U.S. Coast Guard) regarding commercial fishing vessels 
of less than 200 gross ton accidents or losses that resulted in 
fatalities, injuries, or property damage. Major marine casualties such 
as the loss of the DESTINATION, NO LIMITS, and other fishing vessels 
with multiple fatalities and vessel losses should be reviewed to 
provide the background information necessary to other supplementary 
taskings in best efforts to make informed recommendations to the U.S. 
Coast Guard.
    NCFSAC Task #04-23 Recommendation: Following review, no Committee 
recommendations were made to the U.S. Coast Guard.
    Description of Task #05-23: Examine and make recommendations to the 
U.S. Coast Guard on best practices to reduce and mitigate the negative 
consequences caused by the misalignment of state and federal 
regulations regarding drug laws legalizing the recreational and/or 
medical use for drugs also classed as dangerous drugs by federal law 
and applicable transportation related statutes. This is critical for 
the safety of operations and creating an environment for vessel 
personnel to work in a drug-free workplace, with special emphasis on 
critical safety sensitive jobs such as navigation and engineering 
duties to bring fishing vessels into alignment with other commercial 
vessels. Develop recommendations that include testing for pre-
employment, routine, and reasonable cause.
    NCFSAC Task #05-23 Recommendation: Following review, no Committee 
recommendations were made to the U.S. Coast Guard.
    Description of Task #06-23: Examine and effectively disseminate 
recommendations for best practices to ensure full crew access to all 
parts of a vessel to allow for safe vessel operation. This task should 
address and examine things like a means to access all areas of the 
vessel and allow the crew to safely move fore and aft to remove ice, 
inspect the vessel, and operate critical equipment like the vessel's 
anchors and similar gear that does not require the crew to climb over 
the pot stack (for example, in the case of a vessel carrying pots, nets 
or similar devices to create pathways for access).
    NCFSAC Task #06-23 Recommendation:
    A. In so much as is practicable, all spaces subject to flooding 
and/or necessary spaces for safe vessel operation should be accessible 
by crew during normal operations.
    B. In the event this is impractical, and access is over stacked 
deck equipment (i.e., pot stacks or deck cargo) the committee 
recommends establishing vessel procedures which may include the use of 
tag lines, the buddy system, Personal Flotation Device worn, Personal 
locator Beacons Man Overboard beacon's etc.
    C. For spaces where access may be blocked, consideration may be 
given to supplementing high water alarms with infrared cameras, 
increased maintenance frequency on watertight seals, dogs, knife edges, 
etc., and also on bilge level alarms. Consideration may be given as 
well to secondary means of de-watering (i.e., deck connection for a de-
watering/trash pump).
    Description of Task #07-23: Establish best practices for standard 
procedures and guidance for crew standing navigation watches. This 
should include a detailed crew orientation for each unique vessel, 
including the operation of critical equipment and establish clear and 
easily understood watchstanding orders to protect the safety of the 
vessel during its applicable operations. This

[[Page 932]]

could be accomplished as a standardized form or checklist.
    NCFSAC Task 07-23 Recommendation:
    A. The committee recommends that the Voluntary Safety Initiatives 
and Good Marine Practices Document is updated to include a section on 
``Best Practices for Standing Navigational Watch'' This section should 
include the following statement.
    1. The individual in charge of the vessel should have a 
watchstanding policy for their vessel and any crew member standing a 
navigational watch should be informed and understand the 
responsibilities stated in the policy.
    2. The policy may contain items such as:
    i. Be familiar with the use and operation of the vessel's engine 
and gear controls.
    ii. Be familiar with the use and operation of the vessel's 
Electronic Navigation Systems (ENS)
    iii. Be familiar with the use and operation of the vessel's Radar, 
Depth Sounder, Autopilot, and AIS (Automatic Identification System). 
Further the CM will understand the use and operation of ARPA (Automatic 
Radar Plotting Aid) and the use and operation of AIS both with Radar 
and ENS and know how to determine CPA (Closet Point of Approach).
    iv. Be familiar with the Vessel's Rules of the Road handbook and 
understand how they apply to watch standing on the vessel.
    v. Be familiar with the use and operation of the Vessel's VHF 
radios, and will understand the need to monitor Channels 16, a common 
traffic and distress frequency, and Channel 13, a common vessel to 
vessel frequency.
    vi. Be familiar with the use and operation of the Vessel's Watch 
Alarm, and ensure it is set for an appropriate period, generally 10 
minutes after dusk, and 15 minutes during daylight hours.
    vii. Be familiar with the use and operation of the vessels 
Navigation Lighting and will ensure the proper outlook is had.
    viii. Be familiar with the use and operation of the Vessel's 
Fishing Lights and know their appropriate usage.
    ix. If the crew member is unsure of their observations, they should 
immediately notify the Individual in Charge.
    B. The committee recommends that the U.S. Coast Guard change the 
name of the
    Voluntary Safety Initiatives and Good Marine Practices document to 
``Commercial Fishing Vessel Best Safety Practices.''
    Description of Task #08-23: Evaluate and provide a comprehensive 
list of recommendations to the U.S. Coast Guard, in the form of best 
practices (NVICs, policies, training), or amended or new regulations, 
regarding stability considerations which may pose severe risk to the 
safety of a fishing vessel such as icing, loading, the need for 
stability instructions, and vessel modifications. As part of this task, 
review the U.S. Coast Guard current level of oversight, provide 
recommendations on its adequacy, and specify needed changes to areas of 
the fishing safety program that need additional attention.
    NCFSAC Task #08-23 Recommendation:
    A. Operators of commercial fishing vessels of any sizes are 
encouraged as a best practice to attend a commercial fishing vessel 
stability training program. Operators are encouraged to share their 
experiences/stories of stability related issues in training. Where 
applicable, operators are encouraged to bring their vessel-specific 
stability instructions to this training.
    B. Operators of commercial fishing vessels are encouraged as a best 
practice to implement procedures prior to departing port, such as 
observation of the vessel's trim, check condition of freeing ports and 
scuppers, watertight/weathertight doors, and closures if applicable. 
08-23 Recommendations to the USCG
    C. With regard to smaller vessels, the committee advises the U.S. 
Coast Guard look at other agencies, port controls on how they are 
implementing best practices for vessel stability safety (i.e., MCA 
recommendations regarding the Wolfson method).
    D. The committee recommends that the USCG provides formalized 
training to its FV Examiners on the topic of compliance with vessel 
stability regulations, specific to the U.S. Coast Guard District and 
fleets within the District (i.e., vessel service).
    Description of Task #09-23: Evaluate and provide recommendations to 
the U.S. Coast Guard for best practices to address the high degree of 
risk associated with fishing vessel operations and how the acceptance 
of risk is prevalent and accepted in the fishing industry. 
Specifically, the Marine Board recommends the committee focus on topics 
including icing, heavy weather avoidance in voyage planning, and 
formalizing the navigation watch duties via onboard familiarization and 
written standard orders to ensure the safety of vessel during its 
transit and during fishing operations.
    NCFSAC Task #09-23 Recommendation:
    A. U.S. Coast Guard liaise with industry to understand and identify 
training needs addressing risks specific to individual fisheries. This 
can be accomplished in conjunction with dockside safety examinations, 
during industry events, (i.e., Pacific Marine Expo) or other forums, 
and social media. The committee understands some of these training 
needs may be broadly identified, whereas others may be very specific, 
based on fishery.
    B. U.S. Coast Guard then work with industry to develop fishery 
specific training programs for implementation.
    Description of Task #10-23: Evaluate and provide recommendations to 
the U.S. Coast Guard to ensure the most effective means to widely 
disseminate critical safety information for the commercial fishing 
industry.
    NCFSAC Task #10-23 Recommendation: U.S. Coast Guard CVC-3 use it's 
FVS examiner network, fishing journals and other internet and printed 
materials to promote the U.S. Coast Guard website as a resource for 
commercial fishermen.
    Description of Task #11-23: Review and provide recommendations on 
the development of a publicly accessible website that contains all 
information related to fishing industry activities, including vessel 
safety, inspections, enforcement, hazards, training, regulations 
(including proposed regulations), outages of the Rescue 21 system in 
Alaska and similar outages, and any other fishing-related activities.
    NCFSAC Task #11-23 Recommendation: U.S. Coast Guard continue the 
development of a publicly accessible website as required by Coast Guard 
Authorization Act 2022 Sec 11322 that contains all information related 
to fishing industry activities. The publicly accessible website should 
have a button at the bottom of each page to provide suggestions or 
feedback to [``improve this page'']. This website should be available 
to the full committee for suggestions on improvements for 6 weeks prior 
to the site going live. Additionally, we encourage the U.S. Coast Guard 
to measure the analytics and usage rates for ongoing development of the 
website, so it is a more useful resource for fisherman.
    Description of Task #12-23: Discuss and make recommendations 
requiring watch alarms on specific types of commercial fishing vessels.
    NCFSAC Task #12-23 Recommendation: U.S. Coast Guard initiate a rule 
making that would require Watch Alarms on vessels 36 feet and over that 
operate outside the Boundary Line as defined in 46 CFR part 7.

[[Page 933]]

    Description of Task #13-23: Examine and make recommendations to the 
U.S. Coast Guard on a way to widely distribute personal location 
beacons at minimal expense. Ensure availability and access for 
crewmembers of these critical lifesaving devices which could be 
acquired by consortiums, associations, or other organizations for 
distribution to vessel crews through federally funded grant programs or 
other programs.
    NCFSAC Task #13-23 Recommendation: U.S. Coast Guard encourage the 
availability of FCC approved Personal Location Beacons at reduced cost 
through grants or funding through such as the U.S. Coast Guard/NIOSH 
research and training grants, Alaska CDQ programs, Sea Grant Regions, 
local fishing organizations and/or other non-profits or entities.
    The NCFSAC recommendations are available in the docket and also can 
also be found on our website at https://www.dco.uscg.mil/NCFSAC2023/or 
going to https://www.uscg.mil and clicking on the following links: 
United States Coast Guard <ls-thn-eq> Our Organization <ls-thn-eq> 
Assistant Commandant for Prevention Policy (CG-5P) <ls-thn-eq> 
Inspections & Compliance (CG-5PC) <ls-thn-eq> Commercial Vessel 
Compliance <ls-thn-eq> Fishing Vessel Safety Division <ls-thn-eq> 
NATIONAL COMMERCIAL FISHING VESSEL ADVISORY COMMITTEE <ls-thn-eq> 
MEETINGS <ls-thn-eq>2023 and clicking on the link ``USCG Comments to 
NCFSAC SEATTLE RECOMMENDATIONS''
    We invite public comments on these recommendations.

    Dated: January 3, 2024.
Amy M. Beach,
Captain, U.S. Coast Guard, Director of Inspections and Compliance.
[FR Doc. 2024-00105 Filed 1-5-24; 8:45 am]
BILLING CODE 9110-04-P


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