Federal Register / Vol. 82, No. 247 / Wednesday, December 27, 2017 / Proposed Rules 61243 

hook-and-line vessel landed over 7,000 

lb, (3,175 kg) gutted weight, annually. 

Hook-and-line is the primary gear type 

used by the commercial sector. The 

average federally permitted hook-andline vessel landed 7,078 lb (3,211 kg), 

gutted weight, of vermilion snapper 

annually with a dockside value of 

$22,276 (2015 dollars), and those 

vermilion snapper landings represent 

approximately 17 percent of that 

average vessel’s annual dockside 

revenue from all landings. 

For RFA purposes, NMFS has 

established a small business size 

standard for businesses, including their 

affiliates, whose primary industry is 

commercial fishing (see 50 CFR 200.2). 

A business primarily involved in 

commercial fishing (NAICS 11411) is 

classified as a small business if it is 

independently owned and operated, is 

not dominant in its field of operation 

(including its affiliates), and its 

combined annual receipts are not in 

excess of $11 million for all of its 

affiliated operations worldwide. Based 

on the average annual revenue for a 

federally permitted vessel that lands 

vermilion snapper, regardless of gear 

used, it is concluded that most to all of 

the businesses that harvest vermilion 

snapper from the Gulf EEZ are small. 

Amendment 47 would establish an 

MSY proxy for vermilion snapper and 

that has no direct impact on any small 

business. 

This proposed rule would decrease 

the stock ACL of vermilion snapper. The 

stock ACL is currently 3.42 million lb 

(1.55 million kg), round weight, and has 

been in place since 2012. This proposed 

rule would decrease the stock ACL to 

3.11 million lb (1.41 million kg), round 

weight. 

If combined landings reach or are 

projected to reach the stock ACL, the 

commercial and recreational fishing 

seasons are closed early as a result of 

accountability measures being triggered. 

Since 2012, there have been no early 

closures because combined commercial 

and recreational landings of vermilion 

snapper have been less than the stock 

ACL. From 2012 through 2015, 

combined landings varied from 

approximately 2.54 million lb (1.15 

million kg) to 3.17 million lb (1.44 

million kg), round weight, annually and 

averaged approximately 2.73 million lb 

(1.24 million kg). Since 2013, combined 

landings have been less than 3.00 

million lb (1.36 million kg), round 

weight, every year, and preliminary data 

for 2016 indicate combined landings of 

approximately 2.63 million lb (1.19 

million kg), round weight. Preliminary 

landings data for 2016 indicate 

combined landings of approximately 2.6 

million lb (1.18 million kg), round 

weight. Moreover, as of November 27, 

2017, for commercial landings and 

through the third wave for recreational 

landings, combined landings for 2017 

are approximately 2.4 million lb (1.09 

million kg), round weight. Based on 

recent landings data, it is expected that 

combined landings of vermilion snapper 

would be less than the proposed stock 

ACL of 3.11 million lb (1.41 million kg), 

round weight, and there would be no 

early closures. Therefore, NMFS expects 

the reduction of the stock ACL would 

have no economic impact on small 

businesses that harvest vermilion 

snapper from the Gulf EEZ. 

No new reporting, record-keeping, or 

other compliance requirements are 

introduced by this proposed rule. 

Accordingly, this proposed rule does 

not implicate the Paperwork Reduction 

Act. 

In conclusion, NMFS expects this 

proposed rule would not have a 

significant economic impact on a 

substantial number of small entities, 

and an initial regulatory flexibility 

analysis is not required and none has 

been prepared. 

List of Subjects in 50 CFR Part 622 

Commercial, Fisheries, Fishing, Gulf, 

Recreational, Vermilion snapper. 

Dated: December 21, 2017. 

Samuel D. Rauch III, 

Deputy Assistant Administrator for 

Regulatory Programs, National Marine 

Fisheries Service. 

For the reasons set out in the 

preamble, 50 CFR part 622 is proposed 

to be amended as follows: 

PART 622—FISHERIES OF THE 

CARIBBEAN, GULF OF MEXICO, AND 

SOUTH ATLANTIC 

■ 1. The authority citation for part 622 

continues to read as follows: 

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

■ 2. In § 622.41, revise the last sentence 

of paragraph (j) to read as follows: 

§ 622.41 Annual catch limits (ACLs), 

annual catch targets (ACTs), and 

accountability measures (AMs). 

* * * * * 

(j) * * * The stock ACL for vermilion 

snapper is 3.11 million lb (1.41 million 

kg), round weight. 

* * * * * 

[FR Doc. 2017–27934 Filed 12–26–17; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 170621579–7579–01] 

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: Proposed rule; request for 

comments. 

SUMMARY: NMFS proposes regulations to 

modify specific provisions of the North 

Pacific Observer Program. The first two 

elements of this proposed rule would 

modify the requirements for an observer 

to obtain a nontrawl lead level 2 (LL2) 

deployment endorsement and 

implement a pre-cruise meeting 

requirement for vessels required to carry 

an observer with a nontrawl LL2 

deployment endorsement. These 

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 

proposed rule would make editorial 

changes, and modify observer coverage 

and reporting requirements for vessels 

when participating in the Western 

Alaska Community Development Quota 

(CDQ) Program. This element is 

intended to promote operational 

efficiency, and remove unnecessary 

requirements for specific vessels 

participating in the CDQ Program. This 

action is intended to promote the goals 

and objectives of the Magnuson-Stevens 

Fishery Conservation and Management 

Act, the Fishery Management Plan 

(FMP) for Groundfish of the Gulf of 

Alaska, and the FMP for Groundfish of 

the Bering Sea and Aleutian Islands 

Management Area, and other applicable 

law. 

DATES: Comments must be received no 

later than January 26, 2018. 

ADDRESSES: You may submit comments 

on this document, identified by NOAA– 

NMFS–2017–0071 by either of the 

following methods: 

• Federal e-Rulemaking Portal. Go to 

www.regulations.gov/ 

#!docketDetail;D=NOAA-NMFS-2017- 

0071, click the ‘‘Comment Now!’’ icon, 

complete the required fields, and enter 

or attach your comments. 


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• Mail: Submit written comments to 

Glenn Merrill, Assistant Regional 

Administrator, Sustainable Fisheries 

Division, Alaska Region NMFS, Attn: 

Ellen Sebastian. Mail comments to P.O. 

Box 21668, Juneau, AK 99802–1668. 

Instructions: NMFS may not consider 

comments if they are sent by any other 

method, to any other address or 

individual, or received after the 

comment period ends. All comments 

received are a part of the public record 

and NMFS will post the comments for 

public viewing on www.regulations.gov 

without change. All personal identifying 

information (e.g., name, address), 

confidential business information, or 

otherwise sensitive information 

submitted voluntarily by the sender is 

publicly accessible. NMFS will accept 

anonymous comments (enter ‘‘N/A’’ in 

the required fields if you wish to remain 

anonymous). 

Electronic copies of the draft 

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. 

Written comments regarding the 

burden-hour estimates or other aspects 

of the collection-of-information 

requirements contained in this rule may 

be submitted by mail to NMFS at the 

above address; 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 and 

under the Fishery Management Plan for 

Groundfish of the Bering Sea and 

Aleutian Islands Management Area. 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. 

Background 

Regulations at subpart E of 50 CFR 

part 679 require that most vessels 

fishing for groundfish or halibut must 

carry an observer onboard their vessel 

for some, or all, fishing activities to 

ensure the collection of data necessary 

to manage the groundfish and halibut 

fisheries. The following sections 

describe (1) the North Pacific Observer 

Program, (2) nontrawl lead level 2 

observer requirements, (3) the need for 

this action, and (4) this proposed rule. 

North Pacific Observer Program 

The North Pacific Observer Program 

(Observer Program) is an integral 

component in the management of North 

Pacific fisheries. The Observer Program 

was created with the implementation of 

the Magnuson-Stevens Act in the mid1970s and has evolved from primarily 

observing foreign fleets to observing 

domestic fleets. Regulations at subpart E 

of 50 CFR part 679 implement the 

Observer Program and prescribe how 

NMFS-certified observers (observers) 

will be deployed on board vessels and 

in processing plants to obtain 

information necessary for the 

conservation and management of the 

groundfish and halibut fisheries off 

Alaska. The information collected by 

observers contributes to the best 

available scientific information used to 

manage the fisheries in furtherance of 

the purposes and national standards of 

the Magnuson-Stevens Act. 

Observers collect biological samples 

and gather information on total catch, 

including bycatch, and interactions with 

protected species. Fishery managers use 

data collected by observers to manage 

groundfish catch and bycatch limits 

established in regulation and to 

document fishery interactions with 

protected species. Fishery managers also 

use data collected by observers to 

inform the development of management 

measures that minimize bycatch and 

reduce fishery interactions with 

protected resources. Scientists use 

observer-collected data for stock 

assessments and marine ecosystem 

research. 

On January 1, 2013, the Observer 

Program was restructured to establish 

two observer coverage categories: Partial 

and full (77 FR 70062; November 21, 

2012). Regulations at 50 CFR 679.50 

identify that all vessels and processors 

that participate in federally managed or 

parallel groundfish and halibut fisheries 

off Alaska, except catcher vessels 

delivering unsorted codends to 

mothership vessels, are subject to 

observer coverage in one of these two 

categories. 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. Importantly for this 

proposed rule, the full coverage category 

includes most catcher/processors (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. Vessels affected by 

these proposed changes to nontrawl LL2 

observer deployment endorsement 

requirements are in the full coverage 

category. 

Regulations at 50 CFR 679.51 describe 

the vessels and processing plants that 

are in the partial coverage category. 

Most catcher vessels using nontrawl 

gear are in the partial coverage category. 

NMFS, in consultation with the 

Council, develops an annual 

deployment plan for the Observer 

Program to determine when and where 

observer coverage is needed for vessels 

and processors in the partial coverage 

category. NMFS contracts with an 

observer provider to deploy observers 

based on the scientific sampling plan 

described in the annual deployment 

plan. 

Nontrawl Lead Level 2 Observer 

Requirements 

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 (LLP) 

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. These vessels are subject to 

monitoring requirements at 50 CFR 

679.100 and are referred to as ‘‘freezer 

longline vessels’’ throughout this 

proposed 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 are 

required to carry an observer with a 

nontrawl LL2 deployment endorsement 


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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, groundfish 

CDQ, and other CDQ fisheries. 

Regulations at 50 CFR 679.53 define 

the requirements for an observer to 

receive a nontrawl LL2 deployment 

endorsement. An observer obtains a 

nontrawl LL2 deployment endorsement 

when the observer meets minimum 

experience requirements for a level 2 

deployment endorsement (has 

completed 60 days of data collection 

and met the Observer Program’s 

performance expectations on their most 

recent evaluation) and has completed 

two cruises of at least 10 days each and 

sampled at least 30 sets on a vessel 

using nontrawl gear. This means that 

prior to gaining a nontrawl LL2 

deployment endorsement, an observer 

must first deploy on a nontrawl vessel 

that is not required to carry a nontrawl 

LL2 observer and sample at least 30 sets. 

Need for This Action 

In 2014, observer providers and 

representatives of freezer longline 

vessels reported shortages of nontrawl 

LL2 observers for deployment on freezer 

longline vessels and that, in some cases, 

shortages delayed fishing operations 

(See section 3.3.4 of the Analysis). Since 

2012, all active freezer longline vessels, 

except one, have chosen the option to 

carry one LL2 observer and weigh 

Pacific cod on a flow scale. This means 

that only one freezer longline vessel 

subject to the nontrawl LL2 observer 

requirement has chosen to carry two 

observers—one observer with a 

nontrawl LL2 endorsement, and one 

observer who will gain sampling 

experience to count toward the 

requirements for a nontrawl LL2 

deployment endorsement. In addition, 

since 2013, there are few other nontrawl 

vessels in the full observer coverage 

category that do not require an LL2 

observer. Therefore, the few observers 

deployed in the full coverage category 

are able to gain the sampling experience 

necessary to gain the nontrawl LL2 

deployment endorsement. 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 since 2014. 

In contrast, observers deployed on 

vessels in the partial coverage category 

have opportunities to gain nontrawl 

sampling experience to count toward 

the requirements for a nontrawl LL2 

deployment endorsement on catcher 

vessels in the partial coverage category. 

However, until August 2016, the 

observer provider contracted to deploy 

observers in the partial coverage 

category did not have a permit to deploy 

observers in the full coverage category 

pursuant to regulations at 50 CFR 

679.52. These conditions from 2013 

through August 2016 resulted in a 

diminishing pool of qualified observers 

employed by permitted observer 

providers in the full coverage category 

(See Tables 11, 12, and 13 in the 

Analysis). 

Since 2014, NMFS, observer 

providers, and freezer longline vessels 

have undertaken a series of nonregulatory actions designed to build and 

retain a pool of qualified nontrawl LL2 

observers available for the freezer 

longline vessels. For example, NMFS 

modified its policy on how sampled sets 

are credited to observers when 

determining the number of sampled sets 

for a nontrawl LL2 deployment 

endorsement, and some members of the 

freezer longline fleet voluntarily 

deployed a second observer on some 

freezer longline vessels to allow those 

observers to gain sampling experience 

necessary to receive a nontrawl LL2 

deployment endorsement (See Section 

3.3.5 of the Analysis for additional 

detail). However, these non-regulatory 

actions resulted in additional costs to 

the freezer longline fleet and did not 

fully address the industry’s concerns 

about the limited availability of 

nontrawl LL2 observers. 

Between 2014 and 2017, the Council 

and its Observer Advisory Committee 

discussed and analyzed potential 

solutions to address industry concerns 

about the limited availability of 

nontrawl LL2 observers in the full 

coverage category. In June 2017, the 

Council recommended changes to 

regulations that would (1) allow trawl 

sampling experience to count toward a 

nontrawl LL2 deployment endorsement 

and authorize the observer program to 

require additional training as necessary 

to adequately prepare observers to 

perform data collection duties when 

deployed as a nontrawl LL2 observer, 

and (2) require the operator or manager 

of a vessel required to carry an observer 

with a nontrawl LL2 deployment 

endorsement to participate in a precruise meeting with the observer if 

notified by NMFS to do so. These 

regulatory changes are intended to 

minimize additional costs to industry 

while also maintaining observer safety 

and data quality. 

This Proposed Rule 

This proposed rule includes three 

elements. The first element of this 

proposed rule would modify regulations 

at § 679.53(a)(5)(v)(C) to allow 100 

sampled hauls on trawl catcher/ 

processor or mothership vessel 

(equivalent to the required sampling 

experience for an observer to obtain a 

trawl LL2 deployment endorsement) to 

count toward a nontrawl LL2 

deployment endorsement and 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. 

These changes are intended to reduce 

the potential for a shortage of nontrawl 

LL2 observers, because many observers 

deployed in the full coverage category 

qualify for a trawl LL2 deployment 

endorsement. This would allow 

observers that qualify as a trawl LL2 

observer to potentially qualify as a 

nontrawl LL2 observer (See Table 11 

and Section 3.3.3 of the Analysis for 

more information), and reduce the 

pressure for freezer longline vessels to 

voluntarily carry second observers for 

the purpose of providing opportunities 

for observers to gain sampling 

experience to count toward a nontrawl 

LL2 deployment endorsement. An 

observer with sampling experience on a 

trawl catcher/processor or mothership 

would be familiar with the pressures of 

data collection on vessels participating 

in a catch share program and would also 

be familiar with the use of a flow scale 

to weigh catch. These skills are 

important to successfully performing 

data collection duties when deployed as 

a nontrawl LL2 observer. Because these 

observers may not have nontrawl 

sampling experience, additional training 

and a pre-cruise meeting may be 

necessary to ensure that these observers 

are adequately prepared to handle the 

safety and sampling challenges that are 

unique to nontrawl LL2 deployments 

(See Section 4.3.2.2 of the Analysis). 

This proposed rule would implement 

regulations to authorize the Observer 

Program to require additional training 

for observers as necessary to adequately 

prepare them to perform data collection 

duties relevant to the nontrawl LL2 

deployment endorsement. The Observer 

Program would develop and implement 

an observer training and also determine 

when this training would be required 

prior to receiving a nontrawl LL2 


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deployment endorsement. Potentially, 

NMFS would require observers without 

sampling experience on a nontrawl 

catcher/processor to attend a two or 

three day training class prior to 

receiving a nontrawl LL2 deployment 

endorsement for the first time. 

The Observer Program would use this 

training class to adequately prepare 

observers with different types of 

qualifying sampling experience to 

complete sampling duties when 

deployed as a nontrawl LL2 observer 

(See section 4.3.2 of the Analysis for 

additional detail). The nontrawl LL2 

training class would be designed to 

address common safety and sampling 

challenges that are unique to nontrawl 

LL2 observer deployments. This training 

would prepare observers who do not 

have sampling experience on nontrawl 

catcher/processors for deployment on 

these vessels as a nontrawl LL2 

observer. At a minimum, through 

existing trainings and briefings, the 

Observer Program would continue to 

train observers to follow the safety and 

data collection protocols established in 

the Observer Sampling Manual. 

The second element of this proposed 

rule would require 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 proposed rule would 

add a paragraph at §§ 679.32(c)(3)(i)(E) 

and 679.100(b)(1) and (2) to require 

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. 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. 

This regulatory change would 

authorize the Observer Program to 

require a pre-cruise meeting as needed 

to address safety or sampling challenges 

on a specific vessel. Because vessel 

operations and individual observer’s 

sampling history will vary, this would 

give the Observer Program the flexibility 

necessary to evaluate whether a precruise meeting is necessary on a caseby-case basis between the observer and 

the vessel operator or manager to ensure 

the nontrawl LL2 observer is adequately 

prepared to collect high quality data in 

a safe manner. The Observer Program 

may consider the observer’s deployment 

history or sampling experience, vessel 

specific information, or other relevant 

information to determine whether a precruise meeting is necessary, and if so, 

the Observer Program would contact the 

vessels to arrange the pre-cruise meeting 

prior to the start of a trip (See section 

4.3 of the Analysis for additional detail). 

This action would impose additional 

administrative costs for NMFS to 

process pre-cruise notifications, contact 

a vessel if a pre-cruise meeting is 

necessary, and participate in pre-cruise 

meetings if staff are available. Section 

2.3.1 of the Analysis describes that these 

administrative costs are minimal 

relative to other alternatives considered. 

In addition to the two elements 

recommended by the Council, NMFS 

proposes the third element of this 

proposed rule to remove duplicative 

and unnecessary regulatory reporting 

requirements and make minor changes 

to observer coverage requirements for 

specific vessels participating in the CDQ 

Program. These proposed revisions are 

intended to (1) align regulations with 

Magnuson-Stevens Act section 

305(i)(1)(B)(iv), (2) reduce observer 

coverage costs, (3) improve operational 

efficiency, and (4) reduce the reporting 

burden for catcher/processors and 

motherships when participating in CDQ 

fisheries (See Section 2.4 in the 

Analysis). 

This proposed rule would define the 

terms ‘‘cruise’’ and ‘‘Observer Program’’ 

in § 679.2. The term ‘‘cruise’’ is used to 

describe the minimum experience 

requirements for an observer to obtain 

LL2 deployment endorsements in 

§ 679.53. This proposed rule would 

define a ‘‘cruise’’ to mean an observer 

deployment with a unique cruise 

number. This proposed definition 

would clarify that a cruise begins when 

an observer receives an endorsement to 

deploy and ends when the observer 

completes all debriefing responsibilities. 

The term ‘‘Observer Program’’ would 

replace and update the definition of 

‘‘Observer Program Office,’’ because that 

term does not describe the Observer 

Program. This proposed rule would 

update corresponding references 

throughout part 679. 

This proposed rule would remove 

provisions at § 679.32(c)(3)(i) that 

require operators of catcher/processors 

and motherships to provide observers 

with prior notification of CDQ catch and 

CDQ group number associated with the 

CDQ catch before the CDQ catch is 

brought on board the vessel. This 

provision would be removed for all 

catcher/processors and motherships 

when participating in the pollock CDQ 

or groundfish CDQ fisheries. These 

notification requirements were 

implemented in 1998 (63 FR 30381; 

June 4, 1998) when observer sampling 

methods for CDQ hauls and sets were 

different than observer sampling 

methods for non-CDQ hauls and sets. At 

that time, an observer needed to know 

if a haul would be designated as a CDQ 

haul before it was brought on board the 

vessel so that they could apply the 

appropriate sampling methods. With 

implementation of other catch share 

programs since 1998 and overlap of 

vessel participation between CDQ and 

other catch share programs, observer 

sampling methods have been made 

consistent between CDQ and non-CDQ 

hauls and sets. Therefore, these prior 

notification requirements are 

unnecessary and duplicative. An 

observer does not need prior notice of 

CDQ haul designation to appropriately 

sample CDQ catch, and other 

regulations ensure that an observer has 

access to this information. 

This proposed rule would modify the 

heading for subpart E to part 679 from 

‘‘Groundfish and Halibut Observer 

Program’’ to ‘‘North Pacific Observer 

Program’’ in order to be consistent with 

the term as used in the new definition 

of the Observer Program. 

This proposed rule also would modify 

§ 679.50(a)(2) to clarify that a catcher 

vessel is not subject to the requirements 

of subpart E when delivering unsorted 

codends to a mothership. The existing 

wording is more restrictive than 

intended, and this proposed rule would 

clarify that a catcher vessel which, for 

some of its fishing activity, delivers 

unsorted codends to a mothership, 

would not be subject to the 

requirements of subpart E only during 

the fishing activity that results in 

delivering unsorted codends to a 

mothership. 

This proposed rule would modify 

§ 679.51(a)(2)(vi)(A)(5) to update the 

observer coverage requirement for 

motherships that receive unsorted 

codends from catcher vessels groundfish 

CDQ fishing. This coverage requirement 

would be modified to no longer require 

that both observers deployed have a 

level 2 deployment endorsement. A 

mothership that receives unsorted 

codends from catcher vessels groundfish 

CDQ fishing would be required to carry 

two observers, one of which must have 

a LL2 deployment endorsement for a 

catcher/processor using trawl gear or a 

mothership. This would make observer 

coverage requirements for motherships 

participating in the groundfish CDQ 

fishery consistent with observer 

coverage requirements for catcher/ 

processors participating in the 

Amendment 80 Program. 

This proposed rule would update the 

phone number that is currently 

provided in §§ 679.84(c)(7) and 

679.93(c)(7) for notifying the Observer 


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Program as required under regulations 

governing the Rockfish Program and 

Amendment 80 Program, in order to 

allow vessel operators or managers to 

contact the Dutch Harbor or Kodiak 

field offices directly. 

To improve clarity and consistency, 

this proposed rule would remove the 

term ‘‘certified’’ and replace it with the 

term ‘‘endorsed’’ when used to describe 

observer deployment endorsements 

throughout § 679.51. This proposed rule 

would also remove the provision at 

§ 679.53(a)(5)(v)(B) that describes 

sampling experience requirements for 

an observer to obtain an LL2 

deployment endorsement for a catcher 

vessel using trawl gear. This LL2 

deployment endorsement is not 

required for any vessels that operate in 

the commercial groundfish or halibut 

fisheries, which makes this regulation 

unnecessary. 

Classification 

Pursuant to sections 304(b)(1)(A) and 

305(d) of the Magnuson-Stevens Act, the 

NMFS Assistant Administrator has 

determined that this proposed rule is 

consistent with the FMPs, other 

provisions of the Magnuson-Stevens 

Act, and other applicable law, subject to 

further consideration of comments 

received during the public comment 

period. 

This proposed rule has been 

determined to be not significant for the 

purposes of Executive Order 12866. 

Regulatory Impact Review (RIR or 

Analysis) 

An RIR was prepared to assess the 

costs and benefits of available regulatory 

alternatives. A copy of this Analysis is 

available from NMFS (see ADDRESSES). 

The Council and NMFS recommend this 

action based on those measures that 

maximize net benefits to the Nation. 

Specific aspects of the economic 

analysis related to the impact of the 

proposed rule on small entities are 

discussed below in the Initial 

Regulatory Flexibility Analysis section. 

Initial Regulatory Flexibility Analysis 

This Initial Regulatory Flexibility 

Analysis (IRFA) was prepared for this 

proposed rule, as required by section 

603 of the Regulatory Flexibility Act 

(RFA), to describe the economic impact 

this proposed rule, if adopted, would 

have on small entities. An IRFA 

describes why this action is being 

proposed; the objectives and legal basis 

for the proposed rule; the number of 

small entities to which the proposed 

rule would apply; any projected 

reporting, recordkeeping, or other 

compliance requirements of the 

proposed rule; any overlapping, 

duplicative, or conflicting Federal rules; 

and any significant alternatives to the 

proposed rule that would accomplish 

the stated objectives, consistent with 

applicable statutes, and that would 

minimize any significant adverse 

economic impacts of the proposed rule 

on small entities. Descriptions of this 

proposed rule, its purpose, and the legal 

basis are contained earlier in this 

preamble and are not repeated here. 

Number and Description of Small 

Entities Regulated by This Proposed 

Rule 

This proposed rule would directly 

regulate 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. Observer 

providers are impacted by the limited 

availability of nontrawl LL2 observers, 

but the proposed rule would not modify 

regulations that directly apply to 

observer provider firms. Observers are 

individuals and not entities, so they do 

not meet the Small Business 

Administration (SBA) definition of a 

small entity. Therefore, neither observer 

providers nor observers are considered 

directly regulated entities in this IRFA. 

This proposed rule would directly 

regulate the activities of 29 BSAI freezer 

longline vessels, two pot catcher/ 

processors, and 22 trawl catcher/ 

processors and motherships. Two 

questions must be considered in 

classifying catcher/processors under the 

RFA. First, are the individual vessels 

independently owned and operated and 

not dominant in their field of operation, 

or are these vessels affiliated under the 

RFA? Second, which industry 

classification is appropriate to use for 

vessels that conduct both fish harvesting 

and fish processing? 

Freezer longline vessels directly 

regulated by this action are all members 

of the Freezer Longline Conservation 

Cooperative (FLCC), a voluntary fishing 

cooperative operating through a contract 

among all parties, whose members have 

a de facto catch share program because 

they effectively control fishing for the 

freezer longline vessel subsector’s 

allocation of Pacific cod in the BSAI. 

NMFS has determined that vessels that 

are members of a fishing cooperative, 

including members of the FLCC, are 

affiliated when classifying them for the 

RFA analyses. In making this 

determination, NMFS considered SBA’s 

‘‘principles of affiliation’’ at 13 CFR 

121.103. Specifically, in § 121.103(f), 

SBA refers to ‘‘[A]ffiliation based on 

identity of interest,’’ which states 

‘‘[A]ffiliation may arise among two or 

more persons with an identity of 

interest. Individuals or firms that have 

identical or substantially identical 

business or economic interests (such as 

family members, individuals or firms 

with common investments, or firms that 

are economically dependent through 

contractual or other relationships) may 

be treated as one party with such 

interests aggregated.’’ If business entities 

are affiliated, then the threshold for 

identifying small entities is applied to 

the group of affiliated entities rather 

than on an individual entity basis. 

In addition, distinct from their 

affiliation through the FLCC, vessels 

regulated by this proposed rule also may 

be affiliated through ownership. NMFS 

has reviewed cooperative membership 

and available ownership data to assess 

ownership and affiliations among 

vessels. Based on this information, 

NMFS estimates that the 29 active FLCC 

vessels and two pot catcher/processors 

affected by this action are owned and 

operated by no more than 11 separate 

entities. Of these 11 entities, 6 entities 

own 26 freezer longline vessels and one 

pot catcher/processor vessel. 

The thresholds applied to determine 

if an entity or group of entities are 

‘‘small’’ under the RFA depend on the 

industry classification for the entity or 

entities. Businesses classified as 

primarily engaged in commercial fishing 

are considered small entities if they 

have combined annual gross receipts 

not in excess of $11.0 million for all 

affiliated operations worldwide (81 FR 

4469; January 26, 2016). Businesses 

classified as primarily engaged in fish 

processing are considered small entities 

if they employ 750 or fewer persons on 

a full-time, part-time, temporary, or 

other basis, at all affiliated operations 

worldwide. Since at least 1993, NMFS 

Alaska Region has considered catcher/ 

processors to be predominantly engaged 

in fish harvesting rather than fish 

processing. Under this classification, the 

threshold of $11.0 million in annual 

gross receipts is appropriate. 

By applying the $11.0 million annual 

gross receipts threshold collectively to 

the vessels affiliated through the FLCC, 

all of the members of the FLCC are 

considered large entities under the RFA. 

The two pot catcher/processors are 

affiliated with additional vessels that, 

when interests are aggregated, exceed 

the $11.0 million threshold and are 

considered large entities under the RFA. 

NMFS considered vessel affiliation 

independent of the FLCC contracts and 

concluded that if not for FLCC 

affiliation, five vessels owned by four 


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entities would be considered small 

entities under the SBA. Additional 

detail about data sources used to 

prepare this IRFA and the analysis of 

vessel affiliation independent of FLCC 

contract are available in Section 4.6 of 

the RIR prepared for this proposed rule 

(see ADDRESSES). 

The proposed regulatory change to 

modify observer coverage requirements 

for motherships receiving unsorted 

codends from catcher vessels groundfish 

CDQ fishing and to remove prior 

notification of CDQ catch and CDQ 

number would affect 19 nontrawl 

catcher/processors and 22 trawl catcher/ 

processors, 4 of which also act as a 

mothership to receive unsorted codends 

from catcher vessels groundfish CDQ 

fishing. As described above, the 19 

nontrawl catcher/processors are 

considered large entities under the RFA. 

All of the trawl catcher/processors and 

motherships affected by this proposed 

rule are affiliated as members of either 

an American Fisheries Act or an 

Amendment 80 cooperative with a 

combined average annual gross revenue 

above the $11.0 million threshold, 

classifying them as large entities under 

the RFA. 

Based on this analysis, NMFS 

preliminarily determines that there are 

no small entities that would be affected 

by this proposed rule. However, due to 

the complexity of the affiliation among 

the entities and the overlay of affiliation 

due to ownership and affiliation based 

on the contractual relationship among 

members of cooperatives, NMFS has 

prepared this IRFA. This provides 

potentially affected entities an 

opportunity to provide comments on 

this IRFA. NMFS will evaluate any 

comments received on the IRFA and 

may consider certifying that this action 

will not have a significant economic 

impact on a substantial number of small 

entities prior to publication of the final 

rule. 

To the degree that this proposed rule 

would increase the pool of available 

nontrawl LL2 observers, the primary 

economic impact of this proposed rule 

would be to reduce costs to vessel 

owners. Costs would be reduced by the 

amount vessel owners would otherwise 

pay to deploy second observers on some 

freezer longline vessels to allow those 

observers to gain sampling experience to 

count toward a nontrawl LL2 

deployment endorsement. In addition, 

an increase in the number of available 

nontrawl LL2 observers would reduce 

the potential costs associated with a 

shortage of nontrawl LL2 observers. 

This proposed rule would add new 

costs for freezer longline vessels and pot 

catcher/processors to comply with precruise meeting requirements. NMFS 

estimates the cost savings associated 

with the increase in the pool of 

qualified nontrawl LL2 observers is 

expected to exceed the relatively small 

costs that would be associated with the 

pre-cruise meeting requirements. 

The proposed regulatory change to 

modify observer coverage requirements 

for motherships receiving unsorted 

codends from catcher vessels groundfish 

CDQ fishing could reduce costs by 

allowing less experienced observers to 

deploy, and would increase operational 

flexibility for vessels that operate in the 

CDQ and non-CDQ fisheries. The 

proposed regulatory change to remove 

the prior notification of CDQ catch and 

CDQ number would reduce costs to the 

owners of catcher/processors when 

pollock CDQ fishing, catcher/processors 

and motherships when groundfish CDQ 

fishing, and catcher/processors using 

nontrawl gear when groundfish CDQ 

fishing. All vessels affected by this 

action would benefit by reducing 

recordkeeping and reporting 

requirements with no negative impacts 

on affected entities. 

Recordkeeping, Reporting, and Other 

Compliance Requirements 

This proposed rule adds additional 

reporting, recordkeeping, and other 

compliance requirements for freezer 

longline vessels and pot catcher/ 

processors that are required to carry a 

nontrawl LL2 observer. Vessel operators 

would be responsible to ensure that the 

Observer Program is notified by phone 

24 hours prior to departure when a 

vessel will be carrying a nontrawl LL2 

observer that has not previously been 

deployed on that vessel in the last 12 

months. Vessel operators contract 

directly with permitted observer 

providers to procure observer coverage. 

The Observer Program could be notified 

by anyone with knowledge of the 

upcoming observer assignment, 

including the vessel operator, a crew 

member, or the observer provider. The 

person notifying the Observer Program 

would need knowledge of the vessel’s 

prior observer assignment history and 

the upcoming observer assignment 24 

hours in advance of a trip. 

No small entity is subject to reporting 

requirements that are in addition to or 

different from the requirements that 

apply to all directly regulated entities. 

No unique professional skills are 

needed for the vessel operators to 

comply with any of the reporting and 

recordkeeping requirements associated 

with this proposed rule. 

Duplicate, Overlapping, or Conflicting 

Federal Rules 

No duplication, overlap, or conflict 

between this proposed rule and existing 

Federal rules has been identified. 

Description of Significant Alternatives 

That Minimize Adverse Impacts on 

Small Entities 

No significant alternatives were 

identified that would accomplish the 

stated objectives for placing observers 

on fishing vessels, are consistent with 

applicable statutes, and that would 

reduce costs to potentially affected 

small entities more than the proposed 

rule. The Council and NMFS considered 

three alternatives. Alternative 1, the no 

action alternative, would not reduce the 

potential for a shortage of nontrawl LL2 

observers and would continue to impose 

additional costs on the industry. 

Alternative 2 would create a process to 

allow a vessel to go fishing without a 

nontrawl LL2 observer if there were no 

nontrawl LL2 observers available. 

Alternative 3 included two options. 

Option 1 would allow a vessel required 

to carry one LL2 observer to choose 

between carrying two level 2 observers 

or one LL2 observer. Option 2 would 

modify the training and experience 

requirements necessary for an observer 

to obtain the nontrawl LL2 deployment 

endorsement. 

The preferred alternative, Alternative 

3 Option 2 was designed to minimize 

the impacts to small entities from the 

status quo requirement by increasing the 

pool of qualified observers and reducing 

the need for vessels to voluntarily carry 

second observers for the purpose of 

gaining the necessary experience to 

obtain a nontrawl LL2 deployment 

endorsement. Alternative 3 Option 2 

includes additional observer training 

and a pre-cruise meeting as necessary to 

ensure that observers are adequately 

prepared to fulfill the data collection 

responsibilities. 

Relative to Alternative 1, the preferred 

alternative would increase the 

recordkeeping burdens on small entities 

by requiring the Observer Program be 

notified prior to a vessel embarking on 

a trip with an observer who has not 

previously deployed on that vessel in 

the past 12 months, and by requiring, if 

necessary, the vessel operator or 

manager to participate in a pre-cruise 

meeting with the observer, which could 

delay fishing activity by the amount of 

time necessary to complete a pre-cruise 

meeting. 

Collection-of-Information Requirements 

This proposed rule contains 

collection-of-information requirements 


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subject to review and approval by the 

Office of Management and Budget 

(OMB) under the Paperwork Reduction 

Act (PRA). These requirements have 

been submitted to OMB for approval 

under OMB control number 0648–0318 

(North Pacific Observer Program). The 

public reporting burden for the 

collection-of-information requirements 

in this proposed rule 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 proposed rule would require that 

the Observer Program be notified by 

phone at least 24 hours prior to 

departure when a vessel will carry an 

observer who had 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. 

Public comment is sought regarding 

(1) whether this proposed collection of 

information is necessary for the proper 

performance of the functions of the 

agency, including whether the 

information shall have practical utility; 

(2) the accuracy of the burden estimate; 

(3) ways to enhance the quality, utility, 

and clarity of the information to be 

collected; and (4) ways to minimize the 

burden of the collection of information, 

including through the use of automated 

collection techniques or other forms of 

information technology. Send comments 

on these or any other aspects of the 

collection of information to NMFS 

Alaska Region at the ADDRESSES above, 

and to OIRA 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 in 50 CFR Part 679 

Alaska, Fisheries, Recordkeeping and 

reporting requirements. 

Dated: December 21, 2017. 

Samuel D. Rauch III, 

Deputy Assistant Administrator for 

Regulatory Programs, National Marine 

Fisheries Service. 

For the reasons set out in the 

preamble, 50 CFR part 679 is proposed 

to be amended as follows: 

PART 679—FISHERIES OF THE 

EXCLUSIVE ECONOMIC ZONE OFF 

ALASKA 

■ 1. The authority citation for 50 CFR 

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. 

■ 2. 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). 

* * * * * 

■ 3. 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. 

* * * * * 

■ 4. In part 679, revise subpart E 

heading to read as follows: 

Subpart E—North Pacific Observer 

Program 

■ 5. 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. 

* * * * * 

■ 6. 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. 

* * * * * 

■ 7. 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) * * * 

(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; and 

(2) Successfully completed training or 

briefing as prescribed by the Observer 

Program; and 

(3) Sampled at least 30 sets on a 

vessel using nontrawl gear; or 

(4) Sampled 100 hauls on a catcher/ 

processor using trawl gear or on a 

mothership. 

* * * * * 

■ 8. 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, 


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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. 

* * * * * 

■ 9. 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. 

* * * * * 

■ 10. 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. 

* * * * * 

■ 11. In the table below, for each section 

indicated in the ‘‘Location’’ column, 

remove the phrase indicated in the 

‘‘Remove’’ column and replace it with 

the phrase indicated in the ‘‘Add’’ 

column from wherever it appears in the 

‘‘Frequency’’ 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), (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 

[FR Doc. 2017–27935 Filed 12–26–17; 8:45 am] 

BILLING CODE 3510–22–P 


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