51014 Federal Register / Vol. 86, No. 175 / Tuesday, September 14, 2021 / Rules and Regulations 

adopted and follows the Best Practices 

set forth in paragraph (k)(1) of this 

section; or 

(C) That the video programmer is 

exempt from the closed captioning rules 

under one or more properly attained 

exemptions. 

(ii) For programmers certifying 

exemption from the closed captioning 

rules, the video programming 

distributor must obtain a certification 

from the programmer that specifies the 

exact exemption that the programmer is 

claiming. Video programming 

distributors may satisfy their best efforts 

obligation by locating a programmer’s 

certification on the programmer’s 

website or other widely available 

locations used for the purpose of 

posting widely available certifications. 

If a video programming distributor is 

unable to locate such certification on 

the programmer’s website or other 

widely available location used for the 

purpose of posting such certification, 

the video programming distributor must 

inform the video programmer in writing 

that it must make widely available such 

certification within 30 days after 

receiving the written request. If a video 

programmer does not make such 

certification widely available within 30 

days after receiving a written request, 

the video programming distributor shall 

promptly submit a report to the 

Commission identifying such noncertifying video programmer for the 

purpose of being placed in a publicly 

available database. A video 

programming distributor that meets 

each of the requirements of this 

paragraph shall not be liable for 

violations of paragraphs (j)(2) and (3) of 

this section to the extent that any such 

violations are outside the control of the 

video programming distributor. 

Compliance with this paragraph (j)(1) 

shall not be required as of the 

compliance date of paragraph (m) of this 

section. The Commission will publish a 

document in the Federal Register 

announcing that compliance date and 

revising this paragraph accordingly. 

* * * * * 

(k) * * * (1) * * * 

(iv) Certification procedures for video 

programmers. Video programmers 

adopting Best Practices will take one of 

the following actions to certify that they 

adhere to Best Practices for video 

programmers. 

(A) Prior to the compliance date of 

paragraph (m) of this section, video 

programmers adopting Best Practices 

will certify to video programming 

distributors that they adhere to Best 

Practices for video programmers and 

will make such certifications widely 

available to video programming 

distributors, for example, by posting on 

affiliate websites. 

(B) As of the compliance date of 

paragraph (m) of this section, video 

programmers adopting Best Practices 

will certify to the Commission that they 

adhere to Best Practices for video 

programmers, in accordance with 

paragraph (m) of this section. 

* * * * * 

(m) * * * 

(1) On or before the compliance date, 

or prior to the first time a video 

programmer that has not previously 

provided video programming shown on 

television provides video programming 

for television for the first time, 

whichever is later, and on or before July 

1 of each year thereafter, each video 

programmer shall submit a certification 

to the Commission through a web form 

located on the Commission’s website 

stating that: 

* * * * * 

(5) Compliance with paragraphs 

(m)(1) through (4) of this section is not 

required until the Commission 

publishes a document in the Federal 

Register announcing the compliance 

date and revising this paragraph 

accordingly. 

* * * * * 

[FR Doc. 2021–16870 Filed 9–13–21; 8:45 am] 

BILLING CODE 6712–01–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 622 

[Docket No. 210907–0179] 

RIN 0648–BH72 

Fisheries of the Caribbean, Gulf of 

Mexico, and South Atlantic; Electronic 

Reporting for Federally Permitted 

Charter Vessels and Headboats in Gulf 

of Mexico Fisheries 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Final rule; effective date. 

SUMMARY: NMFS announces the 

effective date for previously approved 

vessel location tracking requirements 

applicable to an owner or operator of 

charter vessel or headboat for which 

NMFS has issued a valid Federal charter 

vessel/headboat permit for federally 

managed reef fish or coastal migratory 

pelagic (CMP) species in the Gulf of 

Mexico (Gulf). The purpose of this final 

rule is to announce the effective date for 

vessel location tracking requirements for 

reef fish and CMP in the Gulf that NMFS 

previously delayed indefinitely on July 

21, 2020. 

DATES: The effective date for 

amendments to §§ 622.26(b)(5) and 

622.374(b)(5)(ii) through (v), published 

July 21, 2020 (85 FR 44005), is 

December 13, 2021. 

ADDRESSES: Electronic copies of the Gulf 

For-hire Reporting Amendment may be 

obtained from www.regulations.gov or 

the Southeast Regional Office website at 

https://www.fisheries.noaa.gov/ 

southeast/et. 

The Gulf For-hire Reporting 

Amendment includes an environmental 

assessment, regulatory impact review, 

Regulatory Flexibility Act analysis, and 

fishery impact statement. 

The final rule that published on July 

21, 2020 (85 FR 44005), and other 

related rulemaking documents, may be 

obtained from www.regulations.gov, by 

searching ‘‘RIN 0648–BH72.’’ 

Written comments regarding the 

burden-hour estimates or other aspects 

of the collection-of-information 

requirements contained in this final rule 

may be submitted at any time by email 

to Adam Bailey, NMFS Southeast 

Regional Office, adam.bailey@noaa.gov, 

or to www.reginfo.gov/public/do/ 

PRAMain. 

FOR FURTHER INFORMATION CONTACT: Rich 

Malinowski, NMFS Southeast Regional 

Office, telephone: 727–824–5305, or 

email: rich.malinowski@noaa.gov. 

SUPPLEMENTARY INFORMATION: This final 

rule is based on the Gulf For-hire 

Reporting Amendment, which includes 

amendments to the Fishery Management 

Plans (FMPs) for Reef Fish Resources of 

the Gulf of Mexico (Reef Fish FMP) and 

the Coastal Migratory Pelagic (CMP) 

Resources of the Gulf of Mexico and 

Atlantic Region (CMP FMP). The CMP 

fishery in the Gulf is managed under the 

CMP FMP, an FMP jointly developed by 

the Gulf of Mexico Fishery Management 

Council (Gulf Council) and the South 

Atlantic Fishery Management Council 

(South Atlantic Council). The Gulf reef 

fish fishery is managed under the Reef 

Fish FMP, which is developed by the 

Gulf Council. These FMPs are 

implemented by NMFS through 

regulations at 50 CFR part 622 under the 

authority of the Magnuson-Stevens 

Fishery Conservation and Management 

Act (Magnuson-Stevens Act). 

On July 21, 2020, NMFS published 

the final rule to implement the Gulf Forhire Reporting Amendment (85 FR 

44005). That final rule summarized the 

management measures described in the 

Gulf For-hire Reporting Amendment 


tkelley on DSK125TN23PROD with RULES1
Federal Register / Vol. 86, No. 175 / Tuesday, September 14, 2021 / Rules and Regulations 51015 

and implemented by NMFS. However, 

the July 21, 2020, final rule delayed 

indefinitely the effectiveness of vessel 

location tracking requirements in 50 

CFR 622.26(b)(5) and 622.374(b)(5)(ii) 

through (v). That final rule stated that 

NMFS would announce the effective 

date for those provisions in a 

subsequent document published in the 

Federal Register. 

NMFS delayed the location tracking 

requirements that apply to a charter 

vessel or headboat (for-hire vessel) in 

the Gulf reef fish and Gulf CMP fisheries 

to allow more time to evaluate and 

approve hardware and software for use 

in the Gulf for-hire reporting program. 

The NMFS Southeast Regional Office 

posts all approved vessel location 

tracking hardware and software for the 

Gulf for-hire reporting program, 

including vessel monitoring system 

(VMS) units approved by the NMFS 

Office of Law Enforcement (OLE), on the 

website for the Gulf for-hire reporting 

program, https://

www.fisheries.noaa.gov/southeast/et. 

This final rule announces the effective 

date for requirements applicable to an 

owner or operator of a vessel with a 

Federal charter vessel/headboat permit 

for Gulf reef fish or Gulf CMP species 

(hereafter referred to as a Gulf for-hire 

vessel owner or operator). On and after 

December 13, 2021, a Gulf for-hire 

vessel owner or operator must comply 

with vessel location tracking 

requirements in 50 CFR 622.26(b)(5) and 

622.374(b)(5)(ii) through (v). NMFS 

expects that the time between the 

publication date and effective date of 

this final rule (see DATES section) will 

allow affected fishery participants to 

purchase and install approved hardware 

and software. NMFS also reminds Gulf 

for-hire vessel owners and operators 

that they must comply with all of the 

other requirements of the Gulf for-hire 

reporting program that are currently in 

effect. 

Upon the effective date in this final 

rule, a Gulf for-hire vessel must have 

NMFS-approved hardware and software 

on board with global positioning system 

(GPS) location capabilities that, at a 

minimum, archive vessel position data 

during a trip for subsequent 

transmission to NMFS. The vessel 

location-tracking device must collect a 

vessel’s position at least hourly, unless 

the in-port 4-hour position reporting 

exemption is met, as specified in 50 

CFR 622.26(b)(5)(ii)(C) and 

622.374(b)(5)(iv)(C). 

The vessel location tracking data can 

be transmitted through a cellular or 

satellite-based service via a VMS unit. 

Cellular-based systems collect and store 

data while a vessel is not within range 

of a cellular signal, e.g., during the 

majority of fishing trips in Federal 

waters, and then transmit the data when 

the vessel is within cellular range. 

While a vessel is within cellular range, 

e.g., nearshore or at the dock, data 

transmission will be closer to real-time. 

Satellite-based systems transmit data as 

they are collected. 

Each Gulf for-hire vessel owner or 

operator is responsible for using an 

approved cellular or satellite VMS that 

will automatically transmit vessel 

location data at some time before 

offloading fish at the end of each trip, 

or within 30 minutes after a trip is 

completed if no fish were landed. The 

vessel’s cellular or satellite VMS must 

be permanently affixed to the vessel and 

must have uninterrupted power, unless 

the owner or operator applies for and is 

granted an exemption to power-down 

the unit, as specified in 50 CFR 

622.26(b)(5)(ii)(D) and 

622.374(b)(5)(iv)(D), e.g., if the vessel is 

removed from the water for repairs. 

Classification 

Pursuant to section 304(b)(3) of the 

Magnuson-Stevens Act, the NMFS 

Assistant Administrator has determined 

that this final rule is consistent with the 

Gulf For-hire Reporting Amendment, 

the respective FMPs, other provisions of 

the Magnuson-Stevens Act, and other 

applicable laws. 

This final rule has been determined to 

be not significant for purposes of 

Executive Order 12866. 

The Magnuson-Stevens Act provides 

the statutory basis for this final rule. No 

duplicative, overlapping, or conflicting 

Federal rules have been identified. A 

description of this final rule, why it is 

being implemented, and the purpose of 

this final rule are contained in the 

SUMMARY and SUPPLEMENTARY

INFORMATION sections of this preamble. 

Pursuant to 5 U.S.C. 553(b)(B), there 

is good cause to waive prior notice and 

an opportunity for public comment on 

this action, as notice and comment are 

unnecessary and contrary to the public 

interest. Such procedures are 

unnecessary because NMFS already 

provided prior notice and an 

opportunity for public comment for the 

vessel monitoring requirements in the 

July 21, 2020, final rule. This final rule 

does not change any provision of the 

July 21, 2020, final rule but only 

announces the effective date for the 

previously delayed requirements (see 

DATES section). Such procedures would 

also be contrary to the public interest 

because NMFS has already 

implemented the majority of the 

management measures in the Gulf ForHire Reporting Amendment and the 

vessel location tracking requirements 

will allow NMFS to better validate the 

accuracy of data that are currently being 

submitted through the required fishing 

reports. NMFS expects more accurate 

and reliable data to improve 

management of the Gulf for-hire 

component as well as management of 

the Gulf reef fish and CMP fisheries 

generally. 

This final rule contains collection-ofinformation requirements approved by 

the Office of Management and Budget 

(OMB) under the Paperwork Reduction 

Act (PRA). This final rule does not 

change the existing requirements for the 

collection of information under OMB 

Control Number 0648–0016. The public 

reporting burden for the Southeast 

Region Logbook Family of Forms, 

specifically for a trip declaration, is 

estimated to average 2 minutes to 

complete and 10 minutes per fishing 

report. NMFS estimates a VMS powerdown exemption request will require an 

average of 5 minutes to complete per 

occurrence. These estimates include the 

time for reviewing instructions, 

searching existing data sources, 

gathering and maintaining the data 

needed, and completing and reviewing 

the collection of information. 

NMFS invites the public and other 

Federal agencies to comment on any 

proposed and continuing information 

collections, which helps NMFS assess 

the impact of information collection 

requirements and minimize the public’s 

reporting burden. Written comments 

and recommendations for this 

information collection should be 

submitted on the following website: 

www.reginfo.gov/public/do/PRAMain. 

Find this particular information 

collection by using the search function 

and entering the title of the collection or 

the OMB Control Number 0648–0016. 

Notwithstanding any other provision 

of the law, no person is required to 

respond to, nor shall any person be 

subject to a 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. 

List of Subjects in 50 CFR Part 622 

Atlantic, Charter vessel, Coastal 

migratory pelagic resources, Fisheries, 

Fishing, Gulf of Mexico, Headboat, 

Recordkeeping and reporting, Reef fish, 

South Atlantic, Vessel monitoring 

systems. 


tkelley on DSK125TN23PROD with RULES1
51016 Federal Register / Vol. 86, No. 175 / Tuesday, September 14, 2021 / Rules and Regulations 

Dated: September 7, 2021. 

Samuel D. Rauch, III, 

Deputy Assistant Administrator for 

Regulatory Programs, National Marine 

Fisheries Service. 

[FR Doc. 2021–19622 Filed 9–13–21; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 635 

[Docket No. 180117042–8884–02; RTID 

0648–XB400] 

Atlantic Highly Migratory Species; 

Atlantic Bluefin Tuna Fisheries 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; quota transfer. 

SUMMARY: NMFS is transferring 113.8 

metric tons (mt) of Atlantic bluefin tuna 

(BFT) quota from the Reserve category 

to the General category. This action is 

intended to account for an accrued 

overharvest of 53.8 mt from previous 

time-period subquotas and to provide 

further opportunities for General 

category fishermen to participate in the 

September General category fishery, 

based on consideration of the regulatory 

determination criteria regarding 

inseason adjustments. This action 

would affect Atlantic tunas General 

category (commercial) permitted vessels 

and Highly Migratory Species (HMS) 

Charter/Headboat permitted vessels 

with a commercial sale endorsement 

when fishing commercially for BFT. 

DATES: Effective September 9, 2021 

through September 30, 2021. 

FOR FURTHER INFORMATION CONTACT: 

Larry Redd, Jr., 301–427–8503, Nicholas 

Velseboer, 978–281–9260, or Lauren 

Latchford, 301–427–8503. 

SUPPLEMENTARY INFORMATION: Atlantic 

HMS fisheries, including BFT fisheries, 

are managed under the authority of the 

Atlantic Tunas Convention Act (ATCA; 

16 U.S.C. 971 et seq.) and the 

Magnuson-Stevens Fishery 

Conservation and Management Act 

(Magnuson-Stevens Act; 16 U.S.C. 1801 

et seq.). The 2006 Consolidated Atlantic 

HMS Fishery Management Plan (FMP) 

and its amendments are implemented 

by regulations at 50 CFR part 635. 

Section 635.27 divides the U.S. BFT 

quota recommended by the 

International Commission for the 

Conservation of Atlantic Tunas (ICCAT) 

and as implemented by the United 

States among the various domestic 

fishing categories, per the allocations 

established in the 2006 Consolidated 

HMS FMP and its amendments. NMFS 

is required under the Magnuson-Stevens 

Act to provide U.S. fishing vessels with 

a reasonable opportunity to harvest 

quotas under relevant international 

fishery agreements such as the ICCAT 

Convention, which is implemented 

domestically pursuant to ATCA. 

The current baseline General and 

Reserve category quotas are 555.7 mt 

and 29.5 mt, respectively. The General 

category baseline subquota for the 

September time-period is 147.3 mt. Any 

unused General category quota rolls 

forward from one time-period to the 

next and is available for use in 

subsequent time-periods. To date for 

2021, NMFS has published three actions 

that resulted in adjustments to the 

General and Reserve category quotas. 

The current adjusted quotas are 138 mt 

for the Reserve category, 75 mt for the 

General category January through March 

2021 subquota period, and 9.4 mt for the 

December 2021 subquota period (85 FR 

83832, December 23, 2020; 86 FR 8717, 

February 9, 2021; 86 FR 43420, August 

9, 2021). 

Transfer of 113.8 mt From the Reserve 

Category to the General Category 

Under § 635.27(a)(9), NMFS has the 

authority to transfer quota among 

fishing categories or subcategories after 

considering determination criteria 

provided under § 635.27(a)(8). NMFS 

has considered all of the relevant 

determination criteria and their 

applicability to this inseason quota 

transfer. These considerations include, 

but are not limited to, the following: 

Regarding the usefulness of 

information obtained from catches in 

the particular category for biological 

sampling and monitoring of the status of 

the stock (§ 635.27(a)(8)(i)), biological 

samples collected from BFT landed by 

General category fishermen and 

provided by tuna dealers provide NMFS 

with valuable parts and data for ongoing 

scientific studies of BFT age and 

growth, migration, and reproductive 

status. Additional opportunity to land 

BFT in the General category would 

support the continued collection of a 

broad range of data for these studies and 

for stock monitoring purposes. 

NMFS also considered the catches of 

the General category quota to date 

(including during the summer/fall and 

winter fisheries in the last several years) 

and the likelihood of closure of that 

segment of the fishery if no adjustment 

is made (§ 635.27(a)(8)(ii) and (ix)). 

Preliminary landings data as of 

September 8, 2021, indicate that the 

General category landed a cumulative 

total of 406.7 mt through August 31, 

which exceeds the cumulative adjusted 

quota available through August 31, i.e., 

352.9 mt. Preliminary September 

landings as of September 8, 2021, are 

74.5 mt, which represent 51 percent of 

the baseline September subquota (147.3 

mt). As of September 8, 2021, the 

General category September time-period 

subquota has not yet been exceeded, but 

without a quota transfer at this time, 

NMFS would likely close the General 

category fishery shortly, and 

participants would have to stop BFT 

fishing activities while commercialsized BFT remain available in the areas 

where General category permitted 

vessels operate at this time of year. 

Transferring 113.8 mt of quota from the 

Reserve category would account for 53.8 

mt of accrued overharvest from the prior 

time-periods and result in an additional 

60 mt being available for the September 

2021 subquota time-period, thus 

effectively providing limited additional 

opportunities to harvest the U.S. BFT 

quota while avoiding exceeding it. 

NMFS also took into consideration a 

recently published final rule that would 

set restricted-fishing days for the 

General category during the months of 

September through November 2021 (86 

FR 43421, August 9, 2021). That rule 

would further increase the likelihood 

that the fishery would remain open 

throughout the subperiod and year. 

Regarding the projected ability of the 

vessels fishing under the General 

category quota to harvest the additional 

amount of BFT quota transferred before 

the end of the fishing year 

(§ 635.27(a)(8)(iii)), NMFS considered 

General category landings over the last 

several years and landings to date this 

year. Landings are highly variable and 

depend on access to commercial-sized 

BFT and fishing conditions, among 

other factors, such as the restrictions 

that some dealers placed on their 

purchases of BFT from General category 

participants this year. A portion of the 

transferred quota covers the 53.8 mt 

overharvest in the category to date, and 

NMFS anticipates that General category 

participants will be able to harvest the 

remaining 60 mt of transferred BFT 

quota by the end of the subquota timeperiod. In the unlikely event that any of 

this quota is unused by September 30, 

such quota will roll forward to the next 

subperiod within the calendar year (i.e., 

to the October through November 

period), and NMFS anticipates that it 

would be used before the end of the 

fishing year. NMFS also anticipates that 

some underharvest of the 2020 adjusted 

U.S. BFT quota will be carried forward 


tkelley on DSK125TN23PROD with RULES1