68610 Federal Register / Vol. 79, No. 222 / Tuesday, November 18, 2014 / Rules and Regulations 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

15 CFR Part 902 

50 CFR Part 679 

[Docket No. 140113040–4919–02] 

RIN 0648–BD90 

Fisheries of the Exclusive Economic 

Zone off Alaska; Monitoring and 

Enforcement; At-Sea Scales 

Requirements 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Final rule. 

SUMMARY: NMFS issues regulations to 

revise the at-sea scales program for 

catcher/processor vessels (C/Ps) and 

motherships that are required to weigh 

catch at sea. This action makes three 

major changes to current regulations. 

First, this action requires enhancements 

of daily scale testing for flow scales 

used to weigh catch at sea and requires 

electronic reporting of the daily flow 

scale test results. Second, this action 

requires that vessels required to use 

flow scales to weigh catch have 

electronics capable of logging and 

printing the frequency and magnitude of 

scale calibrations, as well as the time 

and date of each scale fault (or error) 

and scale startup. Third, this action 

requires that vessels use video to 

monitor the flow scale and the area 

around the flow scale. In addition, this 

action revises minor technical 

regulations related to equipment and 

operation regulations and removes 

certain regulations that are no longer 

applicable; and improves the accuracy 

of catch estimation by the C/Ps and 

motherships using at-sea scales and 

reduces the possibility of scale 

tampering. This action is intended to 

promote the goals and objectives of the 

Fishery Management Plan for 

Groundfish of the Bering Sea and 

Aleutian Islands Management Area, the 

Fishery Management Plan for 

Groundfish of the Gulf of Alaska, the 

Magnuson-Stevens Fishery 

Conservation and Management Act, and 

other applicable laws. 

DATES: Effective December 18, 2014. 

ADDRESSES: Electronic copies of the 

proposed rule, the Categorical Exclusion 

and the Regulatory Impact Review 

(Analysis) prepared for this action may 

be obtained from http://

www.regulations.gov or from the NMFS 

Alaska Region Web site at http://

alaskafisheries.noaa.gov. An electronic 

copy of the Guidelines for Economic 

Review of National Marine Fisheries 

Service Regulatory Actions may be 

obtained from http://

www.nmfs.noaa.gov/sfa/domes_fish/

EconomicGuidelines.pdf. 

Written comments regarding the 

burden-hour estimates or other aspects 

of the collection-of-information 

requirements contained in this final rule 

may be submitted by mail to NMFS, 

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

AK 99802–1668, Attn: Ellen Sebastian, 

Records Officer; in person at NMFS, 

Alaska Region, 709 West 9th Street, 

Room 420A, Juneau, Alaska; and by 

email to OIRA_Submission@

omb.eop.gov, or by fax to 202–395– 

7285. 

FOR FURTHER INFORMATION CONTACT: 

Jennifer Watson, 907–586–7228. 

SUPPLEMENTARY INFORMATION: NMFS 

manages the U.S. groundfish fisheries of 

the exclusive economic zone off Alaska 

under the Fishery Management Plan for 

Groundfish of the Gulf of Alaska and the 

Fishery Management Plan for 

Groundfish of the Bering Sea and 

Aleutian Islands Management Area. The 

fishery management plans (FMPs) were 

prepared by the North Pacific Fishery 

Management Council and approved by 

the Secretary of Commerce under 

authority of the Magnuson-Stevens 

Fishery Conservation and Management 

Act, 16 U.S.C. 1801 et seq. (MagnusonStevens Act). The FMPs are 

implemented by regulations at 50 CFR 

parts 679 and 680. 

Background 

The use of at-sea scales can provide 

precise and accurate groundfish catch 

estimates. At-sea scales are now used to 

account for the vast majority of catch by 

C/Ps and motherships fishing off 

Alaska. The at-sea scales program was 

developed in the mid-1990s to provide 

catch accounting methods for vessels, 

specifically C/Ps, that were more precise 

and verifiable and less dependent on 

estimates generated by at-sea observers. 

Improved catch estimation was 

necessary because of the 

implementation of large-scale catch 

share programs. Catch share programs 

require NMFS to provide verifiable and 

precise estimates of quota harvest. 

Because catch share programs limit 

vessel operators to specific amounts of 

catch, vessel operators may have an 

incentive to underreport catch and then 

fish beyond specific catch limits. A 

method for independently verifying 

catch, such as a requirement to weigh 

catch on a scale, reduces the vessel 

operator’s ability to underreport catch. 

Because C/Ps and motherships do not 

deliver their catch onshore where landbased scales can be used, catch must be 

weighed at sea. The requirements for 

weighing catch at sea were first 

implemented in 1998, and subsequently 

expanded to nearly all C/Ps operating 

off Alaska and motherships operating in 

the Bering Sea pollock fishery. Since 

1998, the at-sea scales program has 

grown significantly, from fewer than 20 

to more than 60 participating vessels 

today. 

Since the at-sea scales program was 

first implemented in 1998, there have 

been substantial improvements in scale 

technology, NMFS has developed 

greater expertise with at-sea scales, and 

vessels are able to communicate more 

quickly and easily with NMFS while at 

sea. In addition, when at-sea scales 

regulations were first implemented in 

1998, none of the vessels that were 

required to use scales had onboard 

video systems. Now, most of the vessels 

subject to at-sea scales requirements are 

required to use video monitoring to 

monitor the flow of catch. Collectively, 

these advancements in technology and 

expertise provide opportunities for 

NMFS to improve scale accuracy, 

monitoring, and reporting. 

Recently, enforcement concerns have 

been raised about compliance with atsea scales regulations. These 

enforcement concerns indicate that 

catch estimates based on inaccurate 

scale weights could systematically 

underestimate harvests in fisheries 

using scale weights for catch 

accounting. Modifications to the at-sea 

scales program will reduce the potential 

for scale tampering, improve catch 

accounting accuracy, and bring 

regulations up to date with current 

technology. 

Actions Implemented by Rule 

The proposed rule for this action was 

published in the Federal Register on 

July 31, 2014 (79 FR 44372). The 30-day 

comment period on the proposed rule 

ended September 2, 2014. The 

regulatory provisions implemented by 

this action are summarized here. 

Additional information and a 

description of this action are provided 

in detail in the preamble to the 

proposed rule and are not repeated here. 

This action affects the owners and 

operators of the following C/Ps and 

motherships that are required to weigh 

catch at sea: 

• Trawl C/Ps permitted for pollock in 

the Bering Sea and Aleutian Islands 

(BSAI) under the American Fisheries 

Act (AFA); 


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• motherships permitted to receive 

deliveries of pollock in the BSAI under 

the AFA; 

• trawl C/Ps permitted to fish for 

groundfish under Amendment 80 to the 

BSAI FMP; 

• trawl C/Ps permitted to fish for 

rockfish in the Central Gulf of Alaska 

(GOA); 

• longline C/Ps with a license 

limitation program license endorsed for 

C/P operations that fish for Pacific cod 

using hook-and-line gear in the Bering 

Sea (BS) or Aleutian Islands areas; and 

• C/Ps that harvest catch in the BSAI 

under the Multispecies Community 

Development Quota (MS–CDQ) 

Program. 

All C/Ps and motherships that harvest 

catch in the BSAI under the MS–CDQ 

Program are subject to the same 

requirements as all other vessels that are 

required to weigh groundfish catch at 

sea under this action. This action is 

consistent with section 305(i)(1)(B)(iv) 

of the Magnuson-Stevens Act, which 

requires that Community Development 

Quota (CDQ) fisheries ‘‘shall be 

regulated by the Secretary [NMFS] in a 

manner no more restrictive than for 

other participants in the applicable 

sector.’’ 

This action implements three major 

and several minor technical changes to 

at-sea scale regulations. First, this action 

changes daily scale test methods for 

flow scales used to weigh catch at sea 

and requires electronic reporting of 

daily flow scale test results. These 

changes will improve the accuracy of 

flow scale estimates, and allow NMFS to 

monitor and correct potential bias in 

scale estimates. Second, this action 

requires that flow scales used to weigh 

catch be capable of logging and printing 

the frequency and magnitude of scale 

calibrations relative to previous 

calibrations as well as the time and date 

of each scale fault (or error) and scale 

startup. These changes will allow NMFS 

to monitor adjustments to the flow scale 

made by vessel crew. This will help 

NMFS detect and address the accidental 

or intentional flow scale weight biasing. 

Third, this action requires that the area 

around the flow scale be monitored by 

video. This action will enhance NMFS’ 

ability to detect vessel crew activities 

that could bias or adversely affect flow 

scale operations. Overall, this action 

will improve the accuracy of catch 

estimation by the C/Ps and motherships 

using at-sea scales and reduce the 

possibility of scale tampering. 

This action also revises and 

consolidates the technical video 

requirements for fleets currently 

required to use video monitoring. Doing 

so will reduce confusion and prevent 

inconsistent compliance with the new 

video monitoring requirements. Finally, 

this action makes nine minor revisions 

to the equipment and operational 

regulations that, among other changes, 

remove regulations that are no longer 

applicable, clarify or add processes to 

request scale inspections or changes to 

equipment, and clarify other related 

requirements. 

Comments and Responses 

NMFS received five comment letters 

containing 15 distinct comments on the 

proposed rule. A summary of the 

relevant comments and NMFS’ 

responses follows. Two technical 

corrections were made to the proposed 

rule as a result of these comments. 

Comment 1: The commenter supports 

the use of at-sea scales and recognizes 

the need to update aging at-sea scales 

technology to ensure accurate data. 

Response: NMFS acknowledges the 

comment. Since NMFS first 

implemented at-sea scales requirements 

for some C/Ps in 1998, the program has 

grown dramatically, scale technologies 

have evolved, and NMFS has developed 

greater expertise with at-sea scales. The 

suite of modifications to the at-sea 

scales program will reduce the potential 

for fraud, improve catch account 

accuracy, and bring regulations up to 

date with improvements in technology. 

Comment 2: The commenter states 

that NMFS has cited a series of flow 

scale fraud cases as one of the reasons 

for changes to the at-sea scales 

requirements. Not all vessels using flow 

scales have been charged with fraud, so 

new regulations are unnecessary for 

many vessels. 

Response: NMFS agrees that not all 

vessels using flow scales have been 

charged with scale fraud. However, 

NMFS disagrees that all vessels need to 

have been charged with fraud before atsea scales regulations are improved and 

revised. NMFS has an obligation to 

ensure accurate and reliable catch 

accounting. Documented cases of fraud 

have shown the accuracy and reliability 

of catch accounting systems can be 

undermined and pointed out a need for 

revisions and improvements to the atsea scales program. Improving at-sea 

scales regulations will help NMFS 

ensure accurate and reliable catch 

accounting among all vessels and 

reduce the potential for additional 

fraud. 

While reducing the potential for fraud 

is one of the reasons for revising the atsea scales program, NMFS cites other 

reasons for revising the at-sea scales 

program in the problem statement for 

this action (see the Introduction section 

of the Analysis). First, the at-sea scales 

program has expanded from 20 vessels 

when it was first developed to more 

than 60 vessels today. This increase in 

the number and variety of vessel types 

has created the need to be more efficient 

with time and resources; by automating 

many of the tasks needed to monitor the 

at-sea scales program NMFS may gain 

these efficiencies. This final rule 

establishes regulations to improve the 

automation of many of these tasks. 

Second, when the at-sea scales program 

was first developed, NMFS did not have 

a direct communication link with the 

vessels at sea, such as the e-logbook 

program that is now in place. The 

requirement in the final rule that vessels 

use the e-logbook will allow daily 

reporting of flow scale tests to better 

track the accuracy of the flow scales and 

improve catch accounting for these 

programs. Third, at the time the at-sea 

scales program was implemented, flow 

scales could store only minimal data. 

Today, flow scales are significantly 

easier to program and offer much greater 

storage capacity. These improvements 

will allow NMFS to determine how well 

the flow scales are performing while at 

sea, and improve the accuracy and 

reliability of flow scale measurements. 

Finally, video technology will allow 

NMFS to monitor activities around the 

flow scales at times when an observer 

may not be present or is completing 

other duties. This final rule establishes 

regulations to require video monitoring 

technology to ensure that all fish are 

sorted and weighed correctly, which 

enhances overall catch accounting. 

Comment 3: The commenter states 

that NMFS anticipates most of these 

first-generation flow scale electronics 

will be replaced by the time of a final 

rule. However, not all affected vessels 

were planning to update their firstgeneration flow scale electronics. 

Therefore, the assumptions and cost 

projections in the analysis are likely 

underestimated and significant. 

Response: NMFS disagrees. In Section 

B of the Analysis NMFS acknowledges 

that 19 vessels of the 68 vessels 

regulated by this action are using first 

generation flow scale electronics and 

that 10 of these vessels were not 

planning to acquire new flow scale 

electronics prior to implementation of 

these regulations. Section B of the 

Analysis describes the estimated costs 

for the vessels that were not planning to 

upgrade to new flow scale electronics. 

The cost estimates were based on the 

difference between the cost of 

replacement today and the present value 

of replacement at the time the vessel 

owners would have chosen. The 

analysis assumes that these flow scale 

electronics would otherwise have had 


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five years of additional life. The 

difference between the cost of 

replacement today and the present value 

of replacement in 5 years would be 

about $4,100 per unit, or about $41,000 

for 10 units. The commenter does not 

present any new information that 

undermines NMFS’ evaluation of the 

number of vessels or the estimated costs 

of compliance presented in the 

Analysis. 

Comment 4: The commenter states 

that the proposed rule includes 

provisions that require vessel operators 

to invest in new software and cameras 

to capture additional data from the flow 

scale and more comprehensively 

monitor activity at and around the flow 

scale area. The proposed regulations 

will be onerous and expensive and are 

unnecessary for the vessels in the BSAI 

longline C/P fleet since the flow scales 

and cameras on these vessels are no 

more than a year old. 

Response: NMFS disagrees. The 

requirements in this final rule are 

necessary to reduce the potential for 

fraud, improve catch accounting 

accuracy, and bring regulations up to 

date with improvements in technology 

for all C/Ps affected by this final rule. 

The regulations implemented in 2013 to 

allow the use of at-sea scales to monitor 

catch on BSAI longline C/Ps do not 

preclude NMFS from implementing 

additional regulatory changes to 

enhance the monitoring of flow scales 

used by these BSAI longline C/Ps (see 

final rule implementing revised 

regulations for longline C/Ps, 77 FR 

59053, September 26, 2012). 

Because at-sea scales have only 

recently been placed on longline C/Ps, 

the costs of compliance with this final 

rule are likely to be lower for longline 

C/Ps compared to other C/Ps. Section B 

of the Analysis explains that because 

the flow scales used on longline C/Ps 

are the most current generation of flow 

scale electronics, these vessels will not 

be required to purchase new flow scale 

electronics, but will be required to 

update their flow scale software. The 

cost of updating flow scale software is 

significantly lower than the costs of 

replacing flow scale electronics. The 

video monitoring requirements 

implemented by this action are very 

similar to the requirements that were 

implemented in 2013 to enhance the 

monitoring of at-sea scales used by 

longline C/Ps (see the final rule, 77 FR 

59053, September 26, 2012). Only 7 

vessels out of 30 active vessels in the 

longline C/P fleet will be impacted by 

the video monitoring requirements in 

this action. Section C of the Analysis 

explains that these 7 vessels may need 

to purchase an additional camera and 

connect them to the existing video 

system on the vessel. 

Comment 5: The commenter states 

that the installation of new video 

monitoring systems and flow scale 

software, while not cost prohibitive, are 

nonetheless additional expenses for 

vessels since they will have to spend 

valuable time to install these systems 

and software while at the dock. This 

will leave less time to prepare the vessel 

for fishing. 

Response: NMFS acknowledges this 

comment. Section C of the Analysis 

describes the costs and time to install 

the video monitoring systems and new 

software. The administrative costs to 

NMFS to approve and monitor 

installations also are explained in 

Section C. Based on past experience 

with video monitoring systems and flow 

scale software installations, NMFS 

anticipates most video and flow scale 

software installations will occur just 

prior to an annual inspection. NMFS 

usually conducts annual inspections 

when a vessel is already in a shipyard 

or after the fishery season when the 

vessel is already at the dock so that 

additional fishing time is not lost. 

Therefore, NMFS expects video and 

flow scale software installations will not 

reduce the fishing time available to most 

vessels. Flow scale software upgrades 

on vessels with the latest generation of 

flow scale electronics are not expected 

to take long and will likely be 

incorporated as part of the vessel’s 

annual maintenance of the flow scale. 

However, installation of video 

monitoring systems by the vessel may 

take longer depending on the layout of 

a specific vessel. Personnel needed to 

install video monitoring systems are 

likely not the same personnel doing 

other work on board a vessel (e.g., 

preparing the factory) so video 

monitoring system installation and 

other vessel preparations may occur 

concurrently. The specific time for 

video installation will vary from vesselto-vessel and depends on a range of 

design factors and availability of 

personnel to complete the installation. 

Comment 6: The commenter states 

that the proposed regulations at 

§ 679.28(b)(5)(v) allow vessels that have 

been inspected between March 1, 2014, 

and December 31, 2014, the ability to 

wait until the next annual at-sea scale 

inspection to meet the new fault and 

calibration log requirements. It is 

unclear if vessels that are inspected 

during December 2014, but that plan to 

begin fishing on January 20, 2015, will 

have to meet the new fault and 

calibration log requirements or if they 

will be able to wait until December 2015 

to meet the new fault and calibration log 

requirements. 

Response: The final rule requires fault 

and calibration log recording for all 

vessels in 2015 depending on when they 

received NMFS inspections during 

2014. The proposed regulations at 

§ 679.28(b)(5)(v) were intended to delay 

the requirements to comply with the 

flow scale fault and calibration log 

recording only for vessels for which 

NMFS conducted an at-sea scale 

inspection outside the winter scale 

inspection schedule (i.e., prior to 

December 2014). The timing of some 

fisheries requires NMFS to conduct 

some at-sea scale inspections during the 

spring and summer. Without a delay in 

the fault and calibration log 

requirements, these vessels would be 

required to have an additional at-sea 

scale inspection at the beginning of 

2015. Requiring an additional 

inspection within 6 months of the last 

inspection will present significant 

logistical difficulties and increased costs 

for both NMFS and the vessel owners 

and at-sea scale providers. NMFS, 

however, did not intend to propose to 

delay implementation of the flow scale 

fault and calibration log requirements 

for vessels that NMFS normally inspects 

after December 1, 2014, and prior to 

fishing in 2015. The proposed 

regulations at § 679.28(b)(5)(v) 

mistakenly included December 31, 

2014, as the last day vessels could 

receive an inspection and not need to 

comply with the flow scale fault and 

calibration log requirements, thus 

creating confusion about when vessels 

would need to comply with the 

requirements. The final rule clarifies the 

effective date is December 1, 2014, and 

not December 31, 2014. This 

modification clarifies that vessels that 

received at-sea scale inspections after 

March 1, 2014, and before December 1, 

2014, will have to comply with the 

calibration log requirements and the 

fault log requirements at the time the 

flow scale is inspected by NMFS in 

2015. Vessel operators that receive atsea inspections in December 2014 will 

be required to comply with the new 

flow scale fault and calibration log 

requirements at the time of inspection. 

Comment 7: The commenter proposes 

a phased-in approach to the software 

and flow scale electronics upgrades 

needed to comply with the flow scale 

fault and calibration log requirements 

for vessels using first generation flow 

scale electronics. The commenter states 

that the proposed rule already allows 

some flexibility for flow scales that have 

recently been certified. The commenter 

states that allowing all vessels this 

flexibility would amortize these 


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significant capital expenses over several 

years. 

Response: NMFS disagrees. This rule 

requires the recording of scale faults and 

calibrations in 2015. Vessels will need 

to update flow scale software to allow 

the recording of scale faults and 

calibrations. Vessels with older versions 

of flow scale electronics will also need 

to upgrade those electronics to 

accommodate this new software. The 

final rule allows vessels that were 

inspected after March 1, 2014, and 

before December 1, 2014, to delay the 

implementation of the new fault log and 

calibration log requirements until their 

next annual inspection during 2015 (see 

regulations at § 679.28(b)(5)(v)) for the 

reasons described in the response to 

Comment 6. NMFS will not further 

delay the requirements of this final rule 

beyond 2015. As stated in the problem 

statement of the Analysis, NMFS raised 

enforcement concerns about compliance 

with at-sea scale regulations. Inaccurate 

scale weights could systematically 

underestimate harvest in fisheries using 

scale weights for catch accounting. 

These fault and calibration log 

requirements and the updated software 

to accommodate these requirements are 

needed by 2015 to improve catch 

accounting accuracy. 

The regulatory requirement to 

incorporate the fault and calibration 

logs into flow scales is an integral piece 

in preventing scale fraud and systematic 

underestimation of harvest. The fault 

and calibration logs will provide useful 

information to NMFS’ Office of Law 

Enforcement about improper flow scale 

use. Additionally, the first generation 

flow scale electronics are nearing the 

end of their service life. First generation 

flow scale electronics are no longer sold 

and finding replacing parts for these 

scales is becoming increasingly difficult. 

Recent annual inspections by NMFS 

and inseason reports from vessels have 

identified problems with the 

maintenance and functioning of these 

flow scales, such as taking multiple 

attempts to pass both the daily tests and 

the annual inspection. Given these 

problems, NMFS expects that some of 

these first generation flow scale 

electronics would not be able to pass 

their future annual inspections or daily 

scale tests even under existing 

regulatory requirements. The 

implementation of this final rule is 

necessary given the recent advances in 

scale and software technology and the 

limited serviceable life of existing first 

generation flow scale electronics. 

Comment 8: The commenter states 

that the regulations at § 679.28(e)(7) will 

require NMFS’ approval for changes to 

a vessel’s video monitoring system. 

However, the proposed rule is not clear 

about what constitutes a change that 

will require approval. Vessel personnel 

need the ability to maintain video 

monitoring systems during fishing 

operations. Regular maintenance 

includes replacing cameras, computers, 

and wiring and monitors that are no 

longer serviceable, and other similar 

tasks. NMFS should clarify what 

activities will require NMFS’ approval. 

Response: NMFS acknowledges the 

comment. The regulation noted by the 

commenter is not substantively new. 

Prior to the implementation of this final 

rule, regulations at § 679.28(i)(1)(iii)(K), 

(j)(4), and (k)(7) also required that 

changes to the video monitoring systems 

be approved by either NMFS or the 

Regional Administrator. The final rule 

consolidates the approval process for 

changes in all video monitoring 

programs into one regulatory provision 

at § 679.28(e)(7). Changes to all the 

video systems must now be submitted 

for approval to the Regional 

Administrator. Changes to approved 

video monitoring systems that must be 

submitted for Regional Administrator 

approval are those that affect the 

functionality of the video system, such 

as changing the camera view. Any video 

equipment replacements that allow the 

system to continue to function in the 

same manner as when it was approved 

by the Regional Administrator will not 

need to be approved. For example, 

replacing broken or malfunctioning 

components of the video system with 

identical parts will not be considered to 

affect the functionality of the system. 

However, moving cameras to different 

locations or changing video software 

systems could change the functionality 

of the video system and will need 

approval. 

Comment 9: The commenter states 

that NMFS claims that the proposed 

regulations will improve its ability to 

detect fault and calibration fraud 

through retention of the last 1,000 

faults, 1,000 calibrations and scale 

startups. However, the rule does not 

describe how and when the additional 

data will be used. For example, how 

will NMFS use data in a timely fashion 

to determine if fraud is occurring in real 

time? The assumption that collecting 

more data provides deterrence to 

intentional fraud is false if NMFS is not 

able to detect fraud under the current 

reporting requirement (last 10 faults and 

startups). 

Response: NMFS disagrees. The 

current software does not have the 

capability to record any faults or 

calibrations. The current regulations 

only require an audit trail that records 

when the weighing parameters inside 

the flow scale software are changed. As 

stated in the Analysis in Section B, both 

miscalibrating the flow scale and 

frequently running the flow scale in 

fault mode can indicate fraudulent 

activity. One miscalibration or fault 

error may occur accidently and be 

quickly resolved by the vessel. By 

requiring the vessel to provide a 

printout of this information at the end 

of the year with the last 1,000 

calibrations and 1,000 faults, NMFS can 

look for patterns that might suggest 

improper flow scale calibrations or 

detect significant amounts of time when 

the flow scale is running in fault mode. 

Although NMFS anticipates reviewing 

these data on an annual basis, NMFS 

staff or enforcement personnel could 

request this printout at any time during 

the year. 

Comment 10: The commenter states 

that the proposed regulations include 

new provisions on flow scale tests that 

will require daily submission of flow 

scale tests to NMFS and reporting of all 

daily scale tests, including failed tests 

(see regulations at § 679.5(f)(1)(ix)). 

These reporting requirements will create 

additional burdens on vessel crew and 

additional work and expenditures by 

NMFS to review and process the data 

collected under the new regulations. 

The value of the additional data does 

not warrant the expense for the industry 

and NMFS. If NMFS is interested in all 

flow scale tests performed on a vessel in 

a day, there already exists capabilities 

for the observer to monitor these actions 

as needed. It is also likely that video 

monitoring could capture the activities 

of interest. 

Response: NMFS disagrees. Video 

monitoring systems are unable to 

determine the specific results of a flow 

scale test. The video monitoring systems 

are meant to ensure that the flow scale 

is functioning properly (e.g., that the 

flow scale is not running while in a fault 

(error) state), ensure that all fish are 

being weighed, detect when crew 

members are working on the flow scale, 

and ensure that daily flow scale tests are 

being conducted on the required 

schedule and with the appropriate test 

weights. Observers monitor the daily 

flow scale test, but they are not required 

to report those results to NMFS. 

The vessel operator is responsible for 

ensuring that the flow scale is in 

working order and passes the daily flow 

scale test before weighing fish. The 

vessel operator is also responsible for 

reporting those results to NMFS and 

maintaining the at-sea scales so that the 

performance error is as close to zero as 

practicable. By requiring electronic 

submission of the daily flow scale tests, 

NMFS is reducing the reporting 


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requirements for the vessel overall. 

Although the vessel operator will be 

required to report all the flow scale tests 

performed (pass and fail), which could 

nominally increase the workload of the 

vessel operator, the vessel would be 

conducting these flow scale tests 

anyway until the flow scale passed the 

test, or the vessel repaired the flow 

scale. The information that is reported 

electronically is simplified compared to 

the paper form the vessel operators must 

currently complete. Under this final 

rule, only three blocks of information 

are required to be submitted to NMFS 

through the e-logbook: The weight of the 

test material on the platform scale, the 

weight of the material on the flow scale 

being tested, and the time of the test. 

Prior to this final rule, the vessel 

operator had to report 10 blocks of 

information through the paper form 

called Record of Daily Flow Scale Tests. 

These blocks were the vessel name, the 

date of test, the time of test, the weight 

of fish or sandbags on the platform 

scale, the weight of fish or sandbags on 

the flow scale, the calculated error of 

the flow scale, the calculated percent 

error of the flow scale, the sea 

conditions at the time of the test, the 

signature of the vessel operator, and the 

signature of the observer. The electronic 

reporting also allows data to be 

automatically submitted. For example, 

the percent error of a flow scale test is 

automatically calculated and entered 

into the report by the electronic 

reporting software. Also, because the 

reporting of the daily flow scale tests is 

part of the software that the majority of 

vessels already use to report catch and 

effort data daily to NMFS, no additional 

transmission requirements would be 

required for most vessel operators. 

Additionally, the vessel operator would 

only be required to sign the electronic 

logbook form, not both the logbook form 

and the daily scale test form. Finally, as 

the Analysis states in Section A.2, by 

receiving this information on a daily 

basis, NMFS can monitor the test results 

daily and identify flow scale issues 

immediately instead of requesting the 

test results at the end of the year, 

reviewing hundreds of paper forms, and 

entering the results by hand. Overall, 

daily reporting is likely to reduce 

workload and allow for errors in flow 

scale functions to be identified and 

corrected more quickly than under 

existing reporting requirements. 

Comment 11: The commenter states 

that currently only two companies 

provide certified at-sea flow scales: 

Marel and Scanvaegt. However, 

currently Scanvaegt’s flow scale will not 

meet the proposed requirements, 

eliminating competition among at-sea 

flow scale providers. Scanvaegt is 

working towards a solution that meets 

proposed requirements. However, 

NMFS should not adopt regulations that 

can only be met by a single vendor and 

should delay implementation until atsea flow scales from additional vendors 

are approved. 

Response: NMFS disagrees. The flow 

scale requirements in the final rule were 

developed independent of any specific 

scale company’s available products, and 

any scale company could meet the 

requirements. Other entities, including 

commercial scale manufacturers other 

than the two noted by the commenter, 

could develop an at-sea flow scale that 

meets the requirements described in the 

regulations and NMFS could approve 

those at the time they became available. 

NMFS has no information to indicate 

that the company currently providing 

at-sea flow scales that meet these 

requirements will increase costs beyond 

the normal market prices that were 

estimated in the analysis. NMFS does 

not have any information to indicate 

when other scale manufacturers may 

choose to enter the market with an atsea flow scale that meets the 

requirements. Flow scales that meet the 

requirements established in this final 

rule are currently available, and new 

manufacturers can choose to enter the 

market at any time. Delaying these 

regulations until additional scale 

manufacturers have entered the market 

is not necessary. 

Comment 12: The commenter states 

that the proposed regulations at 

§ 679.28(e)(1)(iv) state that ‘‘color 

cameras must have at a minimum 470 

TV (television) lines of resolution.’’ 

There are many digital video cameras 

that no longer use TV lines within their 

specifications and have their resolution 

measured in pixels. Digital cameras 

with specific Megapixel (MP) ratings do 

not directly compare to TV line ratings. 

Some manufacturers produce video 

cameras that have high MP ratings but 

a low quality lens, which may 

contribute to distortion and blurriness 

of the image. In most cases, a digital 

camera will output to the equivalent of 

470 TV lines so the regulations should 

provide an alternative standard in MP 

for digital cameras. 

Response: NMFS disagrees. While 

some digital camera manufacturers may 

not use TV lines in their specifications, 

it remains the industry standard to 

determine video quality, and digital 

cameras can be tested and their 

resolution can be compared to a TV line 

standard. As the commenter mentions, a 

higher MP rating will not necessarily 

result in higher video quality. As the 

commenter also states, most current 

digital cameras are able to meet the 470 

TV line standard. Because digital 

cameras can be tested against a TV line 

standard, it is not necessary to establish 

a new minimum MP standard in these 

regulations to ensure adequate video 

quality requirements are met. 

Comment 13: The commenter states 

that the proposed regulations at 

§ 679.28(e)(1)(iii) state that the video 

files from the video monitoring system 

must output to an open source format. 

This regulation should be rephrased to 

correspond with the video output 

formats currently provided with 

commercially available equipment. 

Most commercially available video 

recording software and digital video 

recorders do not use, or output to, open 

source formats; rather, they use 

industry-generated standards like H.264 

or MPEG4. The regulations should 

require video data to use formats such 

as H.264. This revision would establish 

a standard data format, but allow the 

use of alternative data formats, provided 

those formats are not proprietary and 

meet the performance standards set 

forth by the video security surveillance 

industry. 

Response: NMFS disagrees that the 

proposed regulations must be changed 

to allow the use of multiple video data 

formats. The final regulations at 

§ 679.28(e)(1)(iii) state that the video 

monitoring system ‘‘must output video 

files to an open source format or the 

vessel owner must provide software 

capable of converting the output video 

file to an open source format or 

commercial software must be available 

for converting the output video file to an 

open source format.’’ This regulation 

does not require that the software must 

use an open source format, but instead 

that the software has the ability to 

convert to an open source format. Most 

H.264 video compression formats have 

the ability to be converted to an open 

source format using commercially 

available software. However, some 

video surveillance systems use software 

that is not commercially available. 

These are considered custom written or 

proprietary format systems. Although 

video monitoring systems using a 

proprietary format may have advantages 

in that the video files are less likely to 

be manipulated, these proprietary 

format systems limit NMFS’ ability to 

store and review the output video 

imagery from several different systems. 

This is problematic because these 

different systems may be deployed on 

different vessels, and so absent this 

requirement NMFS would have to use 

different proprietary video software for 

each vessel’s system. The video 


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monitoring systems currently in use by 

all the vessels regulated by this final 

rule are able to output video data in an 

open source format that does not require 

NMFS to purchase specific proprietary 

video software. The final rule will not 

require one specified video format, such 

as H.264, because this may limit the 

types of video systems that could be 

used in this program and a specified 

video format may become outdated in a 

short period of time. 

Comment 14: The proposed 

regulations at § 679.28(e)(1)(ii) require 

that video systems have at least one 

external Universal Serial Bus (USB) port 

using version 1.1 or 2.0. There are 

currently computers that are available 

that only offer USB ports with version 

3.0. This regulation should be revised to 

include ‘‘USB 3.0’’ or remove the 

reference to specific versions of USB 

and allow any external USB port. 

Response: NMFS agrees. The 

proposed regulations stated that the 

video system must have at least one 

external USB (1.1 or 2.0) port or other 

removable storage device approved by 

NMFS. Under the proposed rule the 

new industry standard USB 3.0 port 

would be covered because its use could 

be approved by NMFS. However, the 

commenter highlights the potential for 

confusion. To provide clarity, in this 

final rule NMFS has removed the 

reference to the version of USB port in 

the regulations at § 679.28(e)(1)(ii). With 

this change, the video system could 

have one external port using any current 

or future versions of USB, or any other 

removable storage devices that are 

approved by NMFS. 

Comment 15: The commenter states 

that NMFS should consider including a 

minimum recording resolution for the 

proposed video monitoring 

requirements, such as 640 × 480 pixels. 

The proposed regulations specify that a 

video system must record at a speed of 

no less than 5 unique frames per second 

(FPS) at all times when the use of a 

video monitoring system is required (see 

regulations at § 679.28(e)(1)(vi)). The 

requirement to record at 5 unique FPS 

does not specify the resolution of the 

video image that is saved to the storage 

device. Without a minimum recording 

resolution requirement, it does not 

matter if images are recorded at 5 

unique FPS because the quality of the 

image may not be adequate for review 

and storage. 

Response: NMFS agrees and the 

regulations do require that the video 

system meet a performance standard for 

the recording resolution. This final rule 

does not specify one resolution standard 

because there are four different video 

monitoring programs, each with a 

different resolution need. These 

programs are the bin monitoring 

program for Amendment 80 vessels; 

video monitoring program on C/Ps and 

motherships in the BS pollock fishery, 

including CDQ; the video monitoring 

program for BSAI longline C/Ps; and the 

video monitoring program for flow 

scales. Each video monitoring program 

has a different monitoring objective, and 

a single recording resolution standard is 

not applicable to all of these video 

monitoring programs. Instead, each of 

these video monitoring programs 

describes qualitatively what the 

recorded resolution must be to meet the 

monitoring objectives. For example, 

regulations for BSAI longline C/Ps at 

§ 679.28(k)(1)(i) state the video 

monitoring system must ‘‘Provide 

sufficient resolution and field of view to 

monitor all areas where Pacific cod are 

sorted from the catch, all fish passing 

over the motion-compensated scale, and 

all crew actions in these areas.’’ Other 

standards apply to other video 

monitoring programs. 

Additionally, NMFS requires the 

vessels to identify their recording 

resolution on the Video Monitoring 

Inspection Request Form that must be 

submitted in order to conduct an 

inspection. This form and the 

qualitative description of the resolution 

for each system allow NMFS to 

determine if the video system will be 

approved. 

Changes From the Proposed Rule 

Eight changes to the regulations were 

made: Two were based on public 

comment and seven modify language to 

improve clarity of the regulations. First, 

in response to comment 

§ 679.28(b)(5)(v) is changed to clarify 

that vessel operators that receive an atsea scale inspection for a vessel after 

March 1, 2014, and before December 1, 

2014, will have to comply with the 

calibration log requirements and fault 

log requirements at the time the flow 

scale is inspected by NMFS in 2015. All 

vessels that normally have their 

inspections completed in December 

2014, and January 2015, must comply 

with the requirements of this final rule 

prior to fishing in 2015. Further 

discussion of this change can be found 

in the response to Comment 6. Second, 

in response to public comment, the final 

rule is changed at § 679.28(e)(1)(ii) to 

remove the specific version of USB port 

the video system must have. With this 

change, the video system could have 

one external port using any current or 

future versions of USB, or any other 

removable storage devices that are 

approved by NMFS. Further discussion 

of this change can be found in the 

response to Comment 14. Finally, 

editorial changes have been made to 

§ 679.28(b)(5)(v), § 679.28(b)(5)(iii), 

§ 679.28(b)(5)(iv), § 679.28(b)(8), 

§ 679.28(e)(1), § 679.28(e)(1)(v), and 

§ 679.28(e)(7) to clarify the regulations, 

but do not change the effect of the 

regulations. 

OMB Revisions to Paperwork 

Reduction Act References in 15 CFR 

902.1(b) 

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

requires that agencies inventory and 

display a current control number 

assigned by the Director, OMB, for each 

agency information collection. Section 

902.1(b) identifies the location of NOAA 

regulations for which OMB approval 

numbers have been issued. Because this 

final rule revises and adds data 

elements within a collection-ofinformation for recordkeeping and 

reporting requirements, 15 CFR 902.1(b) 

is revised to reference correctly the 

sections resulting from this final rule. 

Classification 

Pursuant to section 305(d) of the 

Magnuson-Stevens Act, the NMFS 

Assistant Administrator has determined 

that this rule is consistent with the 

FMPs, other provisions of the 

Magnuson-Stevens Act, and other 

applicable law. 

This final rule has been determined to 

be not significant for purposes of 

Executive Order 12866. 

The Chief Council for Regulation of 

the Department of Commerce certified 

to the Chief Council for Advocacy of the 

Small Business Administration during 

the proposed rule stage that this action 

will not have a significant economic 

impact on a substantial number of small 

entities. The factual basis for the 

certification was published in the 

proposed rule and is not repeated here. 

No comments were received regarding 

this certification. As a result, a 

regulatory flexibility analysis was not 

required and none was prepared. 

Collection-of-Information Requirements 

This final rule contains collection-ofinformation requirements subject to the 

Paperwork Reduction Act (PRA) and 

which have been approved by the Office 

of Management and Budget (OMB). The 

collection-of-information requirements 

are presented below by OMB control 

number. 

OMB Control No. 0648–0213 

Public reporting burden is estimated 

to average 31 minutes per active 

response and 5 minutes per inactive 

response for Mothership Daily 

Cumulative Production Logbook (DCPL) 


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(with this action the mothership DCPL 

is removed and is replaced by the 

mothership electronic logbook (ELB)); 

30 minutes per active response and 5 

minutes inactive response for C/P trawl 

gear DCPL; and 41 minutes per active 

response and 5 minutes per inactive 

response for C/P longline and pot gear 

DCPL. 

OMB Control No. 0648–0330 

Public reporting burden is estimated 

to average 45 minutes for daily record 

of flow scale test; 1 minute for printed 

reports from the calibration log; 1 

minute for printed reports from the fault 

log; 6 minutes for request for inspection 

with a diagram, At-sea Scale; 2 hours for 

request for inspection with a diagram, 

Observer Sampling Station; 2 hours for 

request for inspection with a diagram, 

Flow Scale Video Monitoring System; 2 

hours for request for inspection with a 

diagram, Freezer Longline Video 

Monitoring System; 2 hours for request 

for inspection with a diagram, Chinook 

Salmon Bycatch Video Monitoring 

System; 2 hours for request for 

inspection with a diagram, Bin Video 

Monitoring System; and 30 minutes to 

notify NMFS of Pacific cod Monitoring 

Option. 

OMB Control No. 0648–0515 

Public reporting burden is estimated 

to average 15 minutes per active 

response and 5 minutes per inactive 

response for C/P ELB (both trawl gear 

and longline or pot gear); and 15 

minutes per active response and 5 

minutes per inactive response for 

Mothership ELB. 

Estimated responses include the time 

for reviewing instructions, searching 

existing data sources, gathering and 

maintaining the data needed, and 

completing and reviewing the collection 

of information. Send comments 

regarding these burden estimates or any 

other aspect of this data collection, 

including suggestions for reducing the 

burden, to NMFS (see ADDRESSES) and 

by email to OIRA_Submission@

omb.eop.gov, or fax to 202–395–7285. 

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. 

All currently approved NOAA 

collections of information may be 

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

services_programs/prasubs.html. 

List of Subjects 

15 CFR Part 902 

Reporting and recordkeeping 

requirements. 

50 CFR Part 679 

Alaska, Fisheries, Reporting and 

recordkeeping requirements. 

Dated: November 6, 2014. 

Samuel D. Rauch III, 

Deputy Assistant Administrator for 

Regulatory Programs, National Marine 

Fisheries Service. 

For the reasons set out in the 

preamble, NMFS amends 15 CFR part 

902 and 50 CFR part 679 as follows: 

PART 902—NOAA INFORMATION 

COLLECTION REQUIREMENTS UNDER 

THE PAPERWORK REDUCTION ACT: 

OMB CONTROL NUMBERS 

■ 1. The authority citation for part 902 

continues to read as follows: 

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

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

(b), under the entry ‘‘50 CFR’’: 

■ a. Remove entries for ‘‘679.28(b), (c), 

(d), (e), (g), and (j)’’ and ‘‘679.28(k)’’; 

and 

■ b. Add entries in alphanumeric order 

for ‘‘679.28(b), (c), (d), (e), (g), (j), and 

(k)’’. 

The additions read as follows: 

§ 902.1 OMB control numbers assigned 

pursuant to the Paperwork Reduction Act. 

* * * * * 

(b) * * * 

CFR part or section where 

the information collection 

requirement is located 

Current OMB 

control number 

(all numbers 

begin with 

0648–) 

* * * * * 

50 CFR: 

* * * * * 

679.28 (b), (c), (d), (e), (g), 

(j), and (k) ......................... ¥0330 

* * * * * 

PART 679—FISHERIES OF THE 

EXCLUSIVE ECONOMIC ZONE OFF 

ALASKA 

■ 3. The authority citation for part 679 

continues to read as follows: 

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

seq.; 3631 et seq.; Pub. L. 108–447. 

■ 4. In § 679.5, add paragraph (f)(1)(ix) 

to read as follows: 

§ 679.5 Recordkeeping and reporting 

(R&R). 

* * * * * 

(f) * * * 

(1) * * * 

(ix) Catcher/processors and 

motherships required to weigh catch on 

NMFS-approved scales. Catcher/

processors and motherships required to 

weigh catch on a NMFS-approved scale 

must use a NMFS-approved ELB. The 

vessel operator must ensure that each 

scale is tested as specified in 

§ 679.28(b)(3) and that the following 

information from all scale tests, 

including failed tests, is reported within 

24 hours of the testing using the ELB: 

(A) The weight of test material from 

the observer platform scale; 

(B) The total weight of the test 

material as recorded by the scale being 

tested; 

(C) Percent error as determined by 

subtracting the known weight of the test 

material from the weight recorded on 

the scale being tested, dividing that 

amount by the known weight of the test 

material, and multiplying by 100; and 

(D) The time, to the nearest minute 

A.l.t. when testing began. 

* * * * * 

■ 5. In § 679.28, 

■ a. Revise paragraphs (a), (b)(3) 

introductory text, (b)(3)(i)(B), 

(b)(3)(ii)(B)(2), and (b)(3)(iii)(B)(7); 

■ b. Remove paragraph (b)(3)(iii)(C); 

■ c. Add paragraphs (b)(5)(iii), (b)(5)(iv), 

and (b)(5)(v); 

■ c. Revise paragraph (b)(6); 

■ d. Add paragraph (b)(8); and 

■ e. Revise paragraphs (b)(6), (d)(1), 

(d)(9)(i), (e), (i)(1)(ii) and (iii), (i)(3), (j), 

and (k). 

The revisions and additons read as 

follows: 

§ 679.28 Equipment and operational 

requirements. 

(a) Applicability. This section 

contains the operational requirements 

for scales, observer sampling stations, 

vessel monitoring system hardware, 

catch monitoring and control plans, 

catcher vessel electronic logbook 

software, and video monitoring systems. 

The operator or manager must retain a 

copy of all records described in this 

section (§ 679.28) as indicated at 

§ 679.5(a)(5) and (6) and make available 

the records upon request of NMFS 

observers and authorized officers as 

indicated at § 679.5(a)(5). 

(b) * * * 

(3) At-sea scale tests. To verify that 

the scale meets the MPEs specified in 

this paragraph (b)(3), the vessel operator 

must test each scale or scale system 

used by the vessel to weigh catch at 

least one time during each calendar day. 


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No more than 24 hours may elapse 

between tests when use of the scale is 

required. The vessel owner must ensure 

that these tests are performed in an 

accurate and timely manner. 

(i) * * * 

(B) Test procedure. The vessel 

operator must conduct a material test by 

weighing no less than 400 kg of test 

material, supplied by the scale 

manufacturer or approved by a NMFSauthorized scale inspector, on the scale 

under test. The test material may be run 

across the scale multiple times in order 

to total 400 kg; however, no single batch 

of test material may weigh less than 40 

kg. The known weight of the test 

material must be determined at the time 

of each scale test by weighing it on a 

platform scale approved for use under 

paragraph (b)(7) of this section. 

(ii) * * * 

(B) * * * 

(2) Scales used to weigh catch. Test 

weights equal to the largest amount of 

fish that will be weighed on the scale in 

one weighment. 

(iii) * * * 

(B) * * * 

(7) Signature of vessel operator. 

* * * * * 

(5) * * * 

(iii) Printed reports from the 

calibration log. The vessel operator 

must print the calibration log on request 

by NMFS employees or any individual 

authorized by NMFS. The calibration 

log must be printed and retained by the 

vessel owner and operator before any 

information stored in the scale 

computer memory is replaced. The 

calibration log must detail either the 

prior 1,000 calibrations or all 

calibrations since the scale electronics 

were first put into service, whichever is 

less. The printout from the calibration 

log must show: 

(A) The vessel name and Federal 

fisheries or processor permit number; 

(B) The month, day, and year of the 

calibration; 

(C) The time of the calibration to the 

nearest minute in A.l.t.; 

(D) The weight used to calibrate the 

scale; and 

(E) The magnitude of the calibration 

in comparison to the prior calibration. 

(iv) Printed reports from the fault log. 

The vessel operator must print the fault 

log on request by NMFS employees or 

any individual authorized by NMFS. 

The fault log must be printed and 

retained by the vessel owner and 

operator before any information stored 

in the scale computer memory is 

replaced. The fault log must detail 

either the prior 1,000 faults and 

startups, or all faults and startups since 

the scale electronics were first put into 

service, whichever is less. A fault, for 

the purposes of the fault log, is any 

condition other than underflow detected 

by the scale electronics that could affect 

the metrological accuracy of the scale. 

The printout from the fault log must 

show: 

(A) The vessel name and Federal 

fisheries or processor permit number; 

(B) The month, day, year, and time of 

each startup to the nearest minute in 

A.l.t.; 

(C) The month, day, year, and time 

that each fault began to the nearest 

minute in A.l.t.; 

(D) The month, day, year, and time 

that each fault was resolved to the 

nearest minute in A.l.t. 

(v) Calibration and log requirements 

for 2015 only. The owner and operator 

of a vessel with a scale used by the 

vessel crew to weigh catch that was 

approved after March 1, 2014, and 

before December 1, 2014, under 

§ 679.28(b)(2) are not required to 

comply with the calibration log 

requirements at § 679.28(b)(5)(iii) or the 

fault log requirements at 

§ 679.28(b)(5)(iv) until that scale is 

reapproved by a NMFS-authorized scale 

inspector in 2015. 

(6) Scale installation requirements. 

The scale display must be readable from 

the location where the observer collects 

unsorted catch unless otherwise 

authorized by a NMFS-authorized scale 

inspector. 

* * * * * 

(8) Video monitoring for scales used 

by the vessel crew to weigh catch. The 

owner and operator of a vessel fishing 

for groundfish who are required to 

weigh catch under the regulations in 

this section must provide and maintain 

a NMFS-approved video monitoring 

system as specified in paragraph (e) of 

this section. Additionally, the system 

must: 

(i) Provide sufficient resolution and 

field of view to monitor: All areas where 

catch enters the scale, moves across the 

scale and leaves the scale; any access 

point to the scale from which the scale 

may be adjusted or modified by vessel 

crew while the vessel is at sea; and the 

scale display and the indicator for the 

scale operating in a fault state. 

(ii) Record and retain video for all 

periods when catch that must be 

weighed is on board the vessel. 

* * * * * 

(d) * * * 

(1) Accessibility. All the equipment 

required for an observer sampling 

station must be available to the observer 

at all times while a sampling station is 

required and the observer is aboard the 

vessel, except that the observer 

sampling scale may be used by vessel 

personnel to conduct material tests of 

the scale used to weigh catch under 

paragraph (b)(3) of this section, as long 

as the use of the observer’s sampling 

scale by others does not interfere with 

the observer’s sampling duties. 

* * * * * 

(9) * * * 

(i) How does a vessel owner arrange 

for an observer sampling station 

inspection? The vessel owner must 

submit an Inspection Request for 

Observer Sampling Station with all the 

information fields accurately filled in to 

NMFS by fax (206–526–4066) or 

emailing (station.inspections@noaa.gov) 

at least 10 working days in advance of 

the requested date of inspection. The 

request form is available on the NMFS 

Alaska Region Web site at http://

alaskafisheries.noaa.gov. 

* * * * * 

(e) Video Monitoring System 

Requirements—(1) What requirements 

must a vessel owner and operator 

comply with for a video monitoring 

system? (i) The system must have 

sufficient data storage capacity to store 

all video data from an entire trip. Each 

frame of stored video data must record 

a time/date stamp in Alaska local time 

(A.l.t.). 

(ii) The system must include at least 

one external USB port or other 

removable storage device approved by 

NMFS. 

(iii) The system must output video 

files to an open source format or the 

vessel owner must provide software 

capable of converting the output video 

file to an open source format or 

commercial software must be available 

for converting the output video file to an 

open source format. 

(iv) Color cameras must have at a 

minimum 470 TV lines of resolution, 

auto-iris capabilities, and output color 

video to the recording device with the 

ability to revert to black and white video 

output when light levels become too 

low for color recognition. 

(v) The video data must be 

maintained by the vessel operator and 

made available on request by NMFS 

employees, or any individual authorized 

by NMFS. The data must be retained on 

board the vessel for no less than 120 

days after the date the video is recorded, 

unless NMFS has notified the vessel 

operator that the video data may be 

retained for less than this 120-day 

period. 

(vi) The system must record at a speed 

of no less than 5 unique frames per 

second at all times when the use of a 

video monitoring system is required. 


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68618 Federal Register / Vol. 79, No. 222 / Tuesday, November 18, 2014 / Rules and Regulations 

(vii) NMFS employees, or any 

individual authorized by NMFS, must 

be able to view any video footage from 

any point in the trip using a 16-bit or 

better color monitor that can display all 

cameras simultaneously and must be 

assisted by crew knowledgeable in the 

operation of the system. 

(viii) Unless exempted under 

paragraph (D) below, a 16-bit or better 

color monitor must be provided within 

the observer sampling station or at the 

location where the observer sorts and 

weighs samples. The monitor: 

(A) Must have the capacity to display 

all cameras simultaneously; 

(B) Must be operating when the use of 

a video monitoring system is required; 

(C) Must be securely mounted at or 

near eye level; 

(D) Is not applicable to longline C/Ps 

subject to § 679.100(b)(2). 

(2) How does a vessel owner or 

operator arrange for NMFS to conduct a 

video monitoring system inspection? 

The vessel owner or operator must 

submit an Inspection Request for a 

Video Monitoring System to NMFS with 

all information fields accurately filled in 

at least 10 working days in advance of 

the requested date of inspection. The 

request form is available on the NMFS 

Alaska Region Web site (http://

alaskafisheries.noaa.gov). 

(3) What additional information is 

required for a video monitoring system 

inspection? (i) A diagram drawn to scale 

showing all sorting locations, the 

location of the motion-compensated 

scale, the location of each camera and 

its coverage area, and the location of any 

additional video equipment must be 

submitted with the Inspection Request 

for a Video Monitoring System form. 

Diagrams for C/Ps and motherships in 

the BSAI pollock fishery, including 

pollock CDQ, must include the location 

of the salmon storage container. 

(ii) Any additional information 

requested by the Regional 

Administrator. 

(4) Where will NMFS conduct video 

monitoring and bin monitoring system 

inspections? Inspections will be 

conducted on vessels tied to docks at 

Dutch Harbor, Alaska; Kodiak, Alaska; 

and in the Puget Sound area of 

Washington State. 

(5) A video monitoring system is 

approved for use when NMFS 

employees, or any individual authorized 

by NMFS, completes and signs a Video 

Monitoring Inspection Report verifying 

that the video system meets all 

applicable requirements of this section. 

(6) A vessel owner or operator must 

maintain a current NMFS-issued Video 

Monitoring System Inspection Report on 

board the vessel at all times the vessel 

is required to provide an approved 

video monitoring system. The Video 

Monitoring System Inspection Report 

must be made available to the observer, 

NMFS personnel, or to an authorized 

officer upon request. 

(7) How does a vessel owner make a 

change to the video monitoring system? 

Any change to the video monitoring 

system that would affect the system’s 

functionality must be submitted by a 

vessel owner to, and be approved by, 

the Regional Administrator in writing 

before that change is made. 

* * * * * 

(i) * * * 

(1) * * * 

(ii) Option 2—Line of sight option. 

From the observer sampling station, the 

location where the observer sorts and 

weighs samples, and the location from 

which the observer collects unsorted 

catch, an observer of average height 

(between 64 and 74 inches (140 and 160 

cm)) must be able to see all areas of the 

bin or tank where crew could be located 

preceding the point where the observer 

samples catch. The observer must be 

able to view the activities of crew in the 

bin from these locations. 

(iii) Option 3—Video monitoring 

system option. A vessel owner and 

operator must provide and maintain a 

NMFS-approved video monitoring 

system as specified in paragraph (e) of 

this section. Additionally, the vessel 

owner and operator must ensure that: 

(A) All periods when fish are inside 

the bin are recorded and stored; 

(B) The system provides sufficient 

resolution and field of view to see and 

read a text sample written in 130 point 

type (corresponding to line two of a 

standard Snellen eye chart) from any 

location within the tank where crew 

could be located. 

* * * * * 

(3) How does a vessel owner arrange 

for a bin monitoring option inspection? 

The owner must submit an Inspection 

Request for Bin Monitoring to NMFS 

with all the information fields filled in 

at least 10 working days in advance of 

the requested date of inspection. The 

request form is available on the NMFS 

Alaska Region Web site (http://

alaskafisheries.noaa.gov). 

* * * * * 

(j) Video monitoring on catcher/

processors and motherships in the BS 

pollock fishery, including pollock CDQ. 

The owner and operator of a catcher/

processor or a mothership must provide 

and maintain a video monitoring system 

approved under paragraph (e) of this 

section. These video monitoring system 

requirements must be met when the 

catcher/processor is directed fishing for 

pollock in the BS, including pollock 

CDQ, and when the mothership is 

taking deliveries from catcher vessels 

directed fishing for pollock in the BS, 

including pollock CDQ. Additionally, 

the system must— 

(1) Record and retain video for all 

periods when fish are flowing past the 

sorting area or salmon are in the storage 

container. 

(2) The system must provide 

sufficient resolution and field of view to 

observe all areas where salmon are 

sorted from the catch, all crew actions 

in these areas, and discern individual 

fish in the salmon storage container. 

(k) Video monitoring in the longline 

catcher/processor subsector. The owner 

and operator of a catcher/processor 

subject to § 679.100(b)(2) must provide 

and maintain a video monitoring system 

approved under paragraph (e) of this 

section. These video monitoring system 

requirements must be met when the 

vessel is operating in either the BSAI or 

GOA groundfish fisheries when directed 

fishing for Pacific cod is open in the 

BSAI, or while the vessel is groundfish 

CDQ fishing. Additionally, the system 

must: 

(1) Record and retain video for all 

periods when Pacific cod are being 

sorted and weighed. 

(2) Provide sufficient resolution and 

field of view to monitor all areas where 

Pacific cod are sorted from the catch, all 

fish passing over the motioncompensated scale, and all crew actions 

in these areas. 

■ 6. In § 679.100, revise paragraphs (b) 

introductory text and (b)(2)(i)(D) and 

remove paragraph (d). 

The revisions read as follows: 

§ 679.100 Applicability. 

* * * * * 

(b) Monitoring option selection. The 

owner of a vessel subject to this subpart 

that does not opt out under paragraph 

(a) of this section must submit a 

completed notification form for one of 

two monitoring options to NMFS. The 

notification form is available on the 

NMFS Alaska Region Web site (http://

alaskafisheries.noaa.gov/). The vessel 

owner must comply with the selected 

monitoring option at all times when the 

vessel is operating in either the BSAI or 

GOA groundfish fisheries when directed 

fishing for Pacific cod is open in the 

BSAI, or while the vessel is groundfish 

CDQ fishing. If NMFS does not receive 

a notification to opt out or a notification 

for one of the two monitoring options, 

NMFS will assign that vessel to the 

increased observer coverage option 

under paragraph (b)(1) of this section 


tkelley on DSK3SPTVN1PROD with RULES
Federal Register / Vol. 79, No. 222 / Tuesday, November 18, 2014 / Rules and Regulations 68619 

until the notification form has been 

received by NMFS. 

* * * * * 

(2) * * * 

(i) * * * 

(D) The vessel is in compliance with 

the video monitoring requirements 

described at § 679.28(k). 

* * * * * 

[FR Doc. 2014–27081 Filed 11–17–14; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF THE TREASURY 

Internal Revenue Service 

26 CFR Part 1 

[TD 9657] 

RIN 1545–BL73 

Regulations Relating to Information 

Reporting by Foreign Financial 

Institutions and Withholding on 

Certain Payments to Foreign Financial 

Institutions and Other Foreign Entities; 

Correction 

AGENCY: Internal Revenue Service (IRS), 

Treasury. 

ACTION: Correcting amendment. 

SUMMARY: This document contains a 

correction to final and temporary 

regulations (TD 9657), which were 

published in the Federal Register on 

Thursday, March 6, 2014 (79 FR 12812). 

The regulations relate to information 

reporting by foreign financial 

institutions (FFIs) with respect to U.S. 

accounts and withholding on certain 

payments to FFIs and other foreign 

entities. 

DATES: Effective Date: This correction is 

effective on November 18, 2014. 

Applicability Date: This correction is 

applicable beginning March 6, 2014. 

FOR FURTHER INFORMATION CONTACT: 

Kamela Nelan, (202) 317–6942 (not a 

toll-free call). 

SUPPLEMENTARY INFORMATION: 

Background 

This document contains an 

amendment to the Income Tax 

Regulations (26 CFR part 1) under 

section 1471 through 1474 of the 

Internal Revenue Code that were 

published in final and temporary 

regulations in TD 9657. Sections 1471 

through 1474 were added to the Code, 

as Chapter 4 of Subtitle A, by the Hiring 

Incentives to Restore Employment Act 

of 2010 (Pub. L. 111–147, 124 Stat. 71). 

The temporary regulation that is the 

subject of this correcting amendment is 

§ 1.1471–4T. This correcting 

amendment affects FFIs that have 

entered into an agreement with the IRS 

to obtain status as a participating FFI 

and to, among other things, report 

certain information with respect to U.S. 

accounts that they maintain. 

Need for Correction 

As published, the temporary 

regulations contain an error that is 

misleading with respect to the reporting 

requirements of participating FFIs (as 

defined in § 1.1471–1(b)(91)) 

maintaining U.S. accounts during the 

2014 calendar year. This correcting 

amendment modifies the last date in the 

first sentence in § 1.1471–4T(d)(7)(iv)(B) 

to correct the relevant provision to meet 

its intended purpose. 

List of Subjects in 26 CFR Part 1 

Income taxes, Reporting and 

recordkeeping requirements. 

Correction of Publication 

Accordingly, 26 CFR part 1 is 

corrected by making the following 

correcting amendment: 

PART 1—INCOME TAXES 

■ Paragraph 1. The authority citation 

for part 1 continues to read in part as 

follows: 

Authority: 26 U.S.C. 7805 * * * 

Section 1.1471–4 is also issued under 26 

U.S.C. 1471 

■ Par. 2. Section 1.1471–4T is amended 

by revising the first sentence of 

paragraph (d)(7)(iv)(B). 

The revision reads as follows: 

§ 1.1471–4T FFI agreement (temporary). 

* * * * * 

(d) * * * 

(7) * * * 

(iv) * * * 

(B) Special determination date and 

timing for reporting with respect to the 

2014 calendar year. With respect to the 

2014 calendar year, a participating FFI 

must report under paragraph (d)(3) or 

(5) of this section on all accounts that 

are identified and documented under 

paragraph (c) of this section as U.S. 

accounts or accounts held by ownerdocumented FFIs as of December 31, 

2014, (or as of the date an account is 

closed if the account is closed prior to 

December 31, 2014) if such account was 

outstanding on or after the effective date 

of the participating FFI’s FFI agreement. 

* * * 

* * * * * 

Martin V. Franks, 

Chief, Publications and Regulations Branch, 

Legal Processing Division, Associate Chief 

Counsel (Procedure and Administration). 

[FR Doc. 2014–27248 Filed 11–17–14; 8:45 am] 

BILLING CODE 4830–01–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Parts 83, 84, and 88 

[Docket No. USCG–2012–0102] 

RIN 1625–AB88 

Changes to the Inland Navigation 

Rules, Technical, Organizational, and 

Conforming Amendments 

AGENCY: Coast Guard, DHS. 

ACTION: Final rule. 

SUMMARY: The Coast Guard is issuing 

this final rule to make non-substantive 

changes to its regulations. This final 

rule makes conforming amendments 

and technical corrections to the Coast 

Guard’s Inland Navigation Rules. These 

changes will have no substantive effect 

on the regulated public. 

DATES: This final rule is effective 

November 18, 2014. 

ADDRESSES: Documents mentioned in 

this preamble as being available in the 

docket, are part of docket USCG–2012– 

0102 and are available for inspection or 

copying at the Docket Management 

Facility (M–30), U.S. Department of 

Transportation, West Building Ground 

Floor, Room W12–140, 1200 New Jersey 

Avenue SE., Washington, DC 20590, 

between 9 a.m. and 5 p.m., Monday 

through Friday, except Federal holidays. 

You may also find this docket on the 

Internet by going to, inserting USCG– 

2012–0102 in the ‘‘Search’’ box, and 

then clicking ‘‘Search.’’ 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this final rule, 

call or email Lieutenant Commander 

Megan L. Cull, Coast Guard; telephone 

202–372–1565, email megan.l.cull@

uscg.mil. If you have questions on 

viewing or submitting material to the 

docket, call Ms. Cheryl Collins, Program 

Manager, Docket Operations, telephone 

202–366–9826. 

SUPPLEMENTARY INFORMATION: 

Table of Contents for Preamble 

I. Abbreviations 

II. Regulatory History 


tkelley on DSK3SPTVN1PROD with RULES