
[Federal Register Volume 81, Number 119 (Tuesday, June 21, 2016)]
[Proposed Rules]
[Page 40235]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-14400]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

46 CFR Part 28

[Docket No. USCG-2003-16158]
RIN 1625-AA77


Commercial Fishing Industry Vessels

AGENCY: Coast Guard, DHS.

ACTION: Notice of withdrawal of advance notice of proposed rulemaking.

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SUMMARY: The Coast Guard announces the withdrawal of this regulatory 
project, which involved possible amendments to Coast Guard regulations 
affecting uninspected United States commercial fishing, fish 
processing, and fish tender vessels. The possible amendments involved 
vessel stability and watertight integrity, risk awareness and 
minimization, personnel instruction and drill requirements, safety and 
survival equipment, and compliance documentation. Withdrawal of this 
regulatory project will allow the Coast Guard to focus on a new 
rulemaking project implementing 2010 and 2012 legislation that affects 
the commercial fishing industry.

DATES: The advance notice of proposed rulemaking on Commercial Fishing 
Industry Vessels, published on March 31, 2008, at 73 FR 16815, is 
withdrawn as of June 21, 2016.

FOR FURTHER INFORMATION CONTACT: If you have questions on this notice, 
call or email Mr. Jack Kemerer, Chief, Fishing Vessel Safety Division 
(CG-CVC-3), Office of Vessel Activities (CG-CVC); telephone 202-372-
1249, email Jack.A.Kemerer@uscg.mil.

SUPPLEMENTARY INFORMATION: 

Discussion

    This is one of two Coast Guard publications that appear in today's 
Federal Register and that address uninspected commercial fishing 
industry vessels (CFVs).
     This document, announcing the withdrawal of an older 
rulemaking project that we began prior to 2010.
     A notice of proposed rulemaking (NPRM) for a newer 
rulemaking project, implementing the 2010 and 2012 statutory mandates.
    We opened this older project in 2002. Its purpose was to improve 
safety in the commercial fishing industry, which remains one of the 
most hazardous occupations in the United States. As we discussed in our 
March 31, 2008, advance notice of proposed rulemaking (ANPRM; 73 FR 
16815),\1\ although existing Coast Guard regulations had resulted in 
improved safety on CFVs, the improvements in safety had leveled off and 
we concluded that additional regulatory action was needed to achieve 
further fatality and vessel loss reductions. We further concluded that 
safety could be improved significantly through new regulations for 
vessel stability and watertight integrity, risk awareness and 
minimization, personnel instruction and drill requirements, safety and 
survival equipment, and compliance documentation.
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    \1\ The ANPRM public comment period originally closed on July 
29, 2008, but was reopened until December 15, 2008 (see notice, 73 
FR 46912, Aug. 12, 2008). Two public meetings were held in Seattle, 
WA, Nov. 21 and 22, 2008.
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    Public comments on our withdrawal of the older project are welcome, 
but should be submitted to the docket for the newer project. In 
particular, we encourage comments on whether any of the regulatory 
ideas discussed in our March 31, 2008 ANPRM (73 FR 16815) should be the 
subject of future Coast Guard regulatory action. Please see Part I of 
the new NPRM's preamble for information on how to submit comments, and 
see Part VI of that preamble for a discussion of the comments we 
received on the ANPRM.
    Legislation enacted in 2010 and 2012 has provided the Coast Guard 
with additional regulatory authority over CFVs. The new legislation 
appears in Title VI of the Coast Guard Authorization Act of 2010, Pubic 
Law 111-281, 124 Stat. 2959 and in sections 303 and 305 of the Coast 
Guard and Maritime Transportation Act of 2012, Public Law 112-213, 126 
Stat. 1563-1534. The new legislation significantly changes the Coast 
Guard's regulatory authority over CFVs and mandates some safety 
provisions that were proposed in this older project. For example, the 
new legislation--
     Mandates new equipment requirements for many vessels, or 
extends existing requirements to wider vessel populations;
     Extends Coast Guard authority over Aleutian Trade fish 
tenders and CFVs that operate more than 3 nautical miles offshore or 
that carry more than 16 individuals onboard--the vessels regulated 
under 46 CFR part 28, subpart C;
     Requires the Coast Guard to conduct periodic mandatory 
dockside examinations of vessels regulated under subpart C;
     Requires new-built, smaller CFVs regulated under subpart C 
to meet recreational vessel safety standards;
     Requires CFVs regulated under subpart C to document 
maintenance, instruction, and drills;
     Requires new-built, larger, CFVs to meet loadline and 
vessel classification requirements, and phases in alternate safety 
compliance requirements for older, larger CFVs; and
     Expands the Coast Guard's authority to terminate a 
vessel's operation under unsafe conditions.
    These requirements are discussed at greater length in the newer 
project's NPRM. We have decided to focus our regulatory attention on 
the effective implementation of the 2010 and 2012 legislation, and we 
therefore withdraw this older project. This notice is issued under the 
authority of 5 U.S.C. 552.

    Dated: June 10, 2016.
Paul F. Zukunft,
Admiral, U.S. Coast Guard, Commandant.
[FR Doc. 2016-14400 Filed 6-20-16; 8:45 am]
 BILLING CODE 9110-04-P


