Total.......................................................          329.66          240.28          285.67
Annualized......................................................  ..............           34.21           33.49
----------------------------------------------------------------------------------------------------------------

    The first-year (initial) undiscounted cost of this rulemaking is
$68 million. The 10-year discounted present value cost to industry of
the proposed rule is $240.3 million based on a 7-percent discount rate
and $285.7 million based on a 3-percent discount rate assuming
immediate implementation. The annualized cost to industry is $34.2
million at a 7-percent discount rate. Table 14 presents the costs to
industry by requirement, of which ``classing of vessels by third
party'' makes up the majority of the total costs.
---------------------------------------------------------------------------

    \41\ The Coast Guard Authorization Act of 2015, Public Law 114-
120, amended 46 U.S.C. 3104 by removing language mandating that we
require survival craft on all CFVs to protect occupants against
immersion in water. The survival craft provisions of 46 U.S.C. 4502
were unaffected and therefore those provisions continue to apply to
subpart C survival craft. The 2015 legislation will be addressed in
a future rulemaking.

                    Table 14--Annualized Proposed Rule Industry Costs by Requirement Category
                                             [Values in $ millions]
----------------------------------------------------------------------------------------------------------------
                                                   10-Year cost                             Annualized
    Proposed rule requirement    -------------------------------------------------------------------------------
                                   Undiscounted         7%              3%              7%              3%
----------------------------------------------------------------------------------------------------------------
(1) Survival Craft \41\.........          $82.49          $64.15          $73.52           $9.13           $8.62
(2) Records.....................            6.52            4.58            5.56            0.65            0.65
(3) Examination and Certificates           27.87           22.31           25.20            3.18            2.95
 of Compliance..................
(4) Classing of Vessel, Third             212.77          149.24          181.39           21.25           21.26
 Party..........................
                                 -------------------------------------------------------------------------------
    Total for Authorization Act           329.66          240.28          285.67           34.21           33.49
     Requirements...............
----------------------------------------------------------------------------------------------------------------

    We anticipate that the government will incur labor and travel costs
to conduct dockside CFV safety exams. We estimate the total present
value cost to government over the 10-year period of analysis to be
$38.2 million discounted at 7 percent and $46.4 million discounted at 3
percent (Table 15). Annualized government costs are about $5.4 million
under both 7-percent and 3-percent discount rates.

                                 Table 15--Proposed Rule--Total Government Costs
                                             [Values in $ millions]
----------------------------------------------------------------------------------------------------------------
                                                                                Discounted costs
                              Year                                 Undiscounted  -------------------------------
                                                                       costs            7%              3%
----------------------------------------------------------------------------------------------------------------
Year 1..........................................................           $5.44           $5.09           $5.28
Year 2..........................................................            5.44            4.75            5.13
Year 3..........................................................            5.44            4.44            4.98
Year 4..........................................................            5.44            4.15            4.83
Year 5..........................................................            5.44            3.88            4.69
Year 6..........................................................            5.44            3.63            4.56
Year 7..........................................................            5.44            3.39            4.42
Year 8..........................................................            5.44            3.17            4.30
Year 9..........................................................            5.44            2.96            4.17
Year 10.........................................................            5.44            2.77            4.05
                                                                 -----------------------------------------------
    Total.......................................................           54.41           38.22           46.42
Annualized......................................................  ..............            5.44            5.44
----------------------------------------------------------------------------------------------------------------

    We estimate the combined total 10-year present value cost of the
rulemaking to industry and government at $278.5 million, discounted at
7 percent, and $332.1 million, discounted at 3 percent (Table 16). The
combined annualized costs to industry and government are $39.7 million
at 7 percent and $38.9 million at 3 percent. The expected annual effect
on the economy of the proposed rule would not exceed $100 million in
the first or any subsequent year of implementation.
---------------------------------------------------------------------------

    \42\ The Coast Guard Authorization Act of 2015, Public Law 114-
120, amended 46 U.S.C. 3104 by removing language mandating that we
require survival craft on all CFVs to protect occupants against
immersion in water. The survival craft provisions of 46 U.S.C. 4502
were unaffected and therefore those provisions continue to apply to
subpart C survival craft. The 2015 legislation will be addressed in
a future rulemaking.
    \43\ Sec. 318(a) of the Coast Guard Authorization Act of 2015,
Public Law 114-120, changed the applicability of classing
requirements for CFVs. The 2010 and 2012 legislation extended the
classing requirement to CFVs of 50 feet or more overall in length
and built after July 1, 2013. The 2015 Act exempts from that
requirement CFVs of at least 50 and not more than 79 feet overall in
length, and built after Feb. 8, 2016, provided their construction is
overseen by a State-licensed naval architect or marine engineer, and
their design ``incorporates standards equivalent to those prescribed
by a classification society . . . or another qualified organization
. . . .'' This NPRM does not incorporate any of the 2015 provisions,
which must be reflected in our regulations through future regulatory
action.

                               Table 16--Summary of Cost by Regulatory Requirement
                                             [Values in $ millions]
----------------------------------------------------------------------------------------------------------------
                                                   10-Year cost                             Annualized
    Proposed rule requirement    -------------------------------------------------------------------------------
                                   Undiscounted         7%              3%              7%              3%
----------------------------------------------------------------------------------------------------------------
(1) Survival Craft \42\.........          $82.49          $64.15          $73.52           $9.13           $8.62
(2) Records.....................            6.52            4.58            5.56            0.65            0.65
(3) Examination and Certificates           27.87           22.31           25.20            3.18            2.95
 of Compliance..................
(4) Classing of Vessel, Third             212.77          149.24          181.39           21.25           21.26
 Party \43\.....................
Government Costs:
    Examinations and                       54.41           38.22           46.42            5.44            5.44
     Certificates of Compliance.
                                 -------------------------------------------------------------------------------
Total for Authorization Act               384.07          278.50          332.09           39.65           38.93
 Requirements...................
----------------------------------------------------------------------------------------------------------------

Benefits
    In this rulemaking, the Coast Guard is proposing to implement CFV
safety standards mandated by Congress in the 2010 CGAA and 2012 CGMTA.
These mandates are collectively intended to reduce the risk of future
casualties, and if a casualty occurs, to minimize the adverse impacts
to crew and increase the likelihood of survival and rescue. To reduce
the risk of casualties and to mitigate the adverse consequences, the
Coast Guard adopts comprehensive safety requirements that are intended
to increase compliance with current regulations and increase the
operational awareness and preparedness of CFV owners and masters. The
primary benefits resulting from increased safety include reductions in
the risk of fatalities, property loss, and environmental damage that
can be caused by lost and damaged CFVs. Table 17 presents the benefits
resulting from improved CFV safety.

                        Table 17--Proposed Rule Benefits of Safety Standards by Category
----------------------------------------------------------------------------------------------------------------
         Rule requirement                              Category                               Benefit(s)
----------------------------------------------------------------------------------------------------------------
(1)..............................  Survival Craft \44\.............................  Ensures personnel who
                                                                                evacuate in the event of
                                                                                the loss of a vessel are
                                                                                removed from the water,
                                                                                thereby reducing the risk
                                                                                of hypothermia.
(2)..............................  Records.........................................  Requires the individual in
                                                                                charge of a vessel
                                                                                operating beyond 3
                                                                                nautical miles of the base
                                                                                line to maintain onboard a
                                                                                record of equipment
                                                                                maintenance and required
                                                                                instruction and drills.
                                                                                Maintaining records
                                                                                increases accountability
                                                                                and provides a means of
                                                                                determining compliance for
                                                                                many provisions,
                                                                                particularly during Coast
                                                                                Guard vessel boardings and
                                                                                investigations.
                                                                                Maintaining records also
                                                                                assists the vessel
                                                                                operator by reminding him
                                                                                or her that actions are
                                                                                needed to remain in
                                                                                compliance with the rules.
(3)..............................  Examinations and Certificates of Compliance.....  Makes current voluntary
                                                                                system of examinations
                                                                                mandatory, thereby
                                                                                ensuring vessel is
                                                                                maintained properly and
                                                                                able to operate in a safe
                                                                                and environmentally sound
                                                                                manner.
(4)..............................  Classing of Vessels, Third Party \45\...........  Requires survey and
                                                                                classification of a
                                                                                fishing vessel that is at
                                                                                least 50 feet overall in
                                                                                length, built after July
                                                                                1, 2013, and operating
                                                                                beyond 3 nautical miles of
                                                                                the base line. Vessel
                                                                                classification helps to
                                                                                ensure that a vessel is
                                                                                designed and maintained in
                                                                                a safe manner, reducing
                                                                                the likelihood of all
                                                                                types of mishaps. The
                                                                                classification process
                                                                                includes: The development
                                                                                of standards; technical
                                                                                plan review and design
                                                                                analysis; surveys during
                                                                                construction; source
                                                                                inspection of materials,
                                                                                equipment and machinery;
                                                                                subsequent periodic
                                                                                surveys for maintenance of
                                                                                class; survey of damage,
                                                                                repairs and modifications.
----------------------------------------------------------------------------------------------------------------

               Table 18--Additional Proposed Rule Benefits
------------------------------------------------------------------------
       Authorization Act requirement                  Benefits
------------------------------------------------------------------------
Dockside examination and vessel             Clarifies current industry
 certification: A vessel that that was       practice and harmonizes
 classed before July 1, 2012, must remain    regulatory and statutory
 subject to the requirements of a            language.
 classification society.
Requires that vessels built after January   Clarifies current industry
 1, 2010, and less than 50 feet overall in   practice and harmonizes
 length be constructed in a manner that      regulatory and statutory
 provides a level of safety equivalent to    language.
 the standards for recreational vessels
 established under Title 46 U.S.C. 4302.
First aid equipment and training:           Clarifies current industry
 Substitutes the words ``medical supplies    practice and harmonizes
 sufficient for the size and area of         regulatory and statutory
 operation of the vessel, which on           language.
 documented vessels must be in a readily
 accessible location'' for ``medicine
 chest of a size suitable for the number
 of individuals on board in a readily
 accessible location''.
First aid equipment and training: Limits    Clarifies current
 applicability to documented vessels. No     applicability and
 change from current requirements.           harmonizes regulatory and
                                             statutory language.
Changes to applicability language for:      Limits applicability to
 Navigational equipment; Anchors and radar   documented vessels.
 reflectors; General alarm system; High      Clarifies current
 water alarms; Electronic position fixing    applicability and
 devices; Emergency Instructions;            harmonizes regulatory and
 Instructions, drills, and safety            statutory language.
 orientation.
------------------------------------------------------------------------

    In this regulatory assessment, the benefits associated with (1)
survival craft and (3) examinations are further evaluated, with
monetized estimates developed. Other components are left non-monetized
given limitations on casualty data (e.g., limited specificity in
casualty investigations).
---------------------------------------------------------------------------

    \44\ The Coast Guard Authorization Act of 2015, Public Law 114-
120, amended 46 U.S.C. 3104 by removing language mandating that we
require survival craft on all CFVs to protect occupants against
immersion in water. The survival craft provisions of 46 U.S.C. 4502
were unaffected and therefore those provisions continue to apply to
subpart C survival craft. The 2015 legislation will be addressed in
a future rulemaking.
    \45\ Sec. 318(a) of the Coast Guard Authorization Act of 2015,
Public Law 114-120, changed the applicability of classing
requirements for CFVs. The 2010 and 2012 legislation extended the
classing requirement to CFVs of 50 feet or more overall in length
and built before July 1, 2013. The 2015 Act exempts from that
requirement CFVs of at least 50 and not more than 79 feet overall in
length, and built after Feb. 8, 2016, provided their construction is
overseen by a State-licensed naval architect or marine engineer, and
their design ``incorporates standards equivalent to those prescribed
by a classification society . . or another qualified organization. .
. .'' This NPRM does not incorporate any of the 2015 provisions,
which must be reflected in our regulations through future regulatory
action.
---------------------------------------------------------------------------

    For the period of 2002-2012, a total of 426 fishermen lost their
lives on commercial fishing vessels (Exhibit A). Of those, a total of
205 lives were lost due to vessel loss and 221 lives were lost due to
other causes. On an annual basis, an average of 39 fishermen lost their
lives per year, with an average of 19 of these fatalities associated
with vessel loss. As there is no discernible, consistent trend of
fatalities over the time period, we use the average fatalities over the
period to represent the projected fatalities without the proposed rule
in the future 10-year period covered in this analysis.
    During the 2002-2012 period, 851 vessels were lost (Exhibit B),
resulting in an estimated property damage of $17.3 million and 13,270
gallons of pollutant spilled. Table 18 summarizes the negative impacts
of commercial fishing vessel casualties with fatalities monetized at
$9.1 million per fatality and Exhibit C displays average annual
monetary damages, of which fatalities make up the overwhelming majority
of damages associated with the commercial fishing industry.
    To monetize the value of fatalities and those prevented, we use the
concept of ``value of statistical life'' (VSL), which is commonly used
in safety analyses. The VSL does not represent the dollar value of a
person's life, but the amount society would be willing to pay to reduce
the probability of premature death. We currently use a value of $9.1
million as an estimate of VSL.\46\ A $9.1 million VSL does not mean a
specific human life is worth $9.1 million, but instead, a $9.1 million
VSL means an individual

is willing to pay $9.10 to reduce the annual risk of premature death by
one in 1,000,000.
---------------------------------------------------------------------------

    \46\ See guidance on the Treatment of the Economic Value of a
Statistical Life in U.S. Department of Transportation Analyses, U.S.
DOT, 2013, available at http://www.dot.gov/sites/dot.dev/files/docs/VSL%20Guidance%202013.pdf.
[GRAPHIC] [TIFF OMITTED] TP21JN16.000

[GRAPHIC] [TIFF OMITTED] TP21JN16.001

                                  Table 19--Negative Impacts From CFV Incidents
                                                   [2002-2012]
----------------------------------------------------------------------------------------------------------------
                                                                                Average
                                                                  Total monetary                     monetary
            Impact                  Monetary       Total effects    damages (in     Average per     damage per
                                   evaluation                        millions)         year          year (in
                                                                                millions)
----------------------------------------------------------------------------------------------------------------
Fatalities from all vessel      $9.1 million per             426        $3,876.6              39          $354.9
 incidents.                      fatality.
    Fatalities, from non-                                    221         2,011.1              20             182
     vessel loss.
    Fatalities, resulting from                               205         1,865.5              19           172.9
     vessel loss.
Lost Vessels (Property Damage)  Varies..........             851            17.3              77             1.6
Gallons of Oil Spilled........  254 per gallon..          13,270             3.4           1,210             0.3
----------------------------------------------------------------------------------------------------------------
Notes:
(1) Fatality values are based on a $9.1 million value of a statistical life referenced in Guidance on Treatment
  of the Economic Value of a Statistical Life in U.S. Department of Transportation Analyses, U.S. DOT, 2013,
  available at http://www.dot.gov/sites/dot.dev/files/docs/VSL%20Guidance%202013.pdf.
(2) Vessel lost include property and cargo damages as reported in MISLE.
(3) Oil spilled damages are based on a $254 damage per gallon of oil spilled as indicated by Inspection of
  Towing Vessels, Notice of Proposed Rulemaking, Preliminary Regulatory Analysis and Initial Regulatory
  Flexibility Analysis, USCG-2006-24412, July 2011, available at http://www.regulations.gov/#!documentDetail;D=USCG-2006-24412-0002.

[GRAPHIC] [TIFF OMITTED] TP21JN16.002

    As noted above, we develop monetized benefits for two of the
requirements (Survival Craft and Dockside Examinations). In addition to
the aforementioned, the following categories of benefits have not been
captured due to analysis limitations and scope: \47\
---------------------------------------------------------------------------

    \47\ The benefit analysis is achieved on a per vessel basis.
That is, the benefits estimated reflect the historical casualty
incidents that might have been prevented if the proposed rule were
in place. In order to estimate the reduction in property and
environmental damage, we would need an algorithm that detailed when
the requirements of the proposed rule would reduce the likelihood of
vessel loss, requiring a significant amount of analytical effort.
Given that property and environmental damages makes up a small
fraction (0.58%) of the total annual damages (Exhibit ES-3), the CG
sought to focus on the benefits associated with fatalities.
---------------------------------------------------------------------------

    Property and environmental damage. The examination requirements
have the potential to prevent the loss of vessels. For example, the
dockside examination may identify deficiencies, like a non-functioning
high water alarm, that, if activated, could allow the crew to respond
in a timely manner to avoid vessel loss. Based on MISLE \48\ data, the
baseline value of property damage due to vessel loss is estimated at
$1.6 million per year and the value of oil spill damages is $0.3
million per year. To the extent a vessel loss is prevented, property
damage and oil spills may also be reduced. Also, search and rescue
costs and other response costs (such as emergency transportation to
hospitals) could be reduced if a vessel loss is prevented.
---------------------------------------------------------------------------

    \48\ The Marine Information for Safety and Law Enforcement
(MISLE) is a database system managed and used by the U.S. Coast
Guard. MISLE is used to store data on marine accidents, pollution
incidents, search and rescue cases, law enforcement activities, and
vessel inspections/examinations. The public may access portions of
the data contained on the MISLE system through the Coast Guard
Maritime Information Exchange at: https://cgmix.uscg.mil/.
---------------------------------------------------------------------------

    Injuries. Survival craft and dockside examination provisions could
also reduce injuries. According to the National Institute for
Occupational Safety and Health, in Alaska during the period of 1991-
2002, 798 fishermen were hospitalized for treatment of severe injuries
received during fishing activities, an average of 66.5 injuries per
year in Alaska alone. These severe injuries can lead to lifetime
consequences and include injuries that result in amputation and
paralysis. During a vessel loss event, it is not uncommon for survivors
to suffer from exposure and hypothermia due to immersion in water or
trauma injuries suffered during the sinking. The dockside examinations
could prevent vessel losses while the survival craft could reduce the
risk of exposure and hypothermia injuries after the vessel is lost.
    The quantitative analysis of benefits entailed: A review of
historical commercial fishing vessel casualties to determine if they
were within the affected population as set by the proposed rule, an
assessment of the applicability of each proposed rule feature as it
relates to the risk reduction when compared to historical casualties,
and an estimation of the effectiveness of each proposed rule feature as
decided by subject matter experts.
    The primary and high estimate of benefits for each category is
summarized in Table 19. The estimate of monetized annualized benefits
is $7.1 million at a 7 percent discount rate. The high estimate of
benefits is $9.4 million at 7 percent discount rate.
    The high estimates are based on an extrapolation from casualty
reports that contain detailed information on the cause of the casualty
to casualties that contain limited information on the cause of the
casualty. With commercial fishing vessels casualties, it is not unusual
for a vessel to be lost at sea with no survivors. In these cases, the
casualty report may contain limited information as to the causal
factors for the loss to be able to make a confident determination of
the potential for risk reduction. Based on our review of the casualty
reports, we found approximately 20 percent of the cases contained too
limited information to attempt an estimation of potential benefits for
use in the primary estimate. To the extent these limited information
casualties are similar to those that contain more detailed information,
we are likely to underestimate benefits. We have included these limited
information casualties only in a high estimate and not in our primary
benefits estimate to show the a possible range of quantified benefits.

                Table 20--Summary of Annualized Benefits
                         [7 Percent, $ millions]
------------------------------------------------------------------------
                                           Estimation of benefits
                                   -------------------------------------
             Category                                  Primary + limited
                                     Primary baseline      information
                                        incidents          incidents
------------------------------------------------------------------------
Survival Craft \49\...............               $4.8                6.3
Examinations and Certificates of                  2.3                3.1
 Compliance.......................
                                   -------------------------------------
    Total.........................                7.1                9.4
------------------------------------------------------------------------

Comparison of Costs and Benefits
    The annualized costs to government and industry for the proposed
rule over the 10-year period are estimated at $39.7 million at a 7
percent discount rate. The estimate of annualized quantified benefits
ranges between $7.1 and $9.4 million, with a primary estimate of
monetized annualized benefits of $7.1 million at a 7 percent discount
rate. We did not estimate monetized benefits for several requirements,
including recordkeeping for equipment maintenance and classing certain
newly built vessels. As stated previously, one-hundred percent of the
costs of this rule are Congressionally mandated. The Coast Guard does
not have the authority to alter the provisions of this rule to lessen
the economic impacts of this rule on the fishing industry.
---------------------------------------------------------------------------

    \49\ The Coast Guard Authorization Act of 2015, Public Law 114-
120, amended 46 U.S.C. 3104 by removing language mandating that we
require survival craft on all CFVs to protect occupants against
immersion in water. The survival craft provisions of 46 U.S.C. 4502
were unaffected and therefore those provisions continue to apply to
subpart C survival craft. The 2015 legislation will be addressed in
a future rulemaking.

                                 Table 21--Proposed Rule, Summary of Quantified Annualized Costs and Annualized Benefits
                                                            [7 Percent, Values in $ millions]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                        Primary                          High
                                              Annualized   ----------------------------------------------------------------
                 Category                      costs to          Total                           Total                          Benefits not captured
                                             industry and     annualized    Net annualized    annualized    Net annualized
                                              government       benefits        benefits        benefits        benefits
--------------------------------------------------------------------------------------------------------------------------------------------------------
(1) Survival Craft \50\...................            $9.1            $4.8          ($4.3)            $6.3          ($2.8)  Injuries (such as non-fatal
                                                                                hypothermia).
(3) Examination and Certificates of                    8.6             2.3           (6.3)             3.1           (5.5)  Reduced property and
 Compliance.                                                                                environmental damages, and
                                                                                injuries.
                                           -------------------------------------------------------------------------------------------------------------
    Total.................................           17.70             7.1          (10.6)             9.4           (8.3)
--------------------------------------------------------------------------------------------------------------------------------------------------------

 Table 22--Proposed Rule, Summary of Provisions--Benefits Not Quantified
                    [7 Percent, Values in $ millions]
------------------------------------------------------------------------
                                   Annualized costs
            Category                to industry and   Beneficial impacts
                                      government
------------------------------------------------------------------------
(2) Records.....................               $0.65  Enhances ability
                                                       to determine and
                                                       track compliance.
(4) Classing of Vessel, Third                   21.2  Ensures vessel has
 Party \51\.                                           safe design and
                                                       is maintained as
                                                       designed.
                                 ---------------------------------------
    Total.......................                   21.85
------------------------------------------------------------------------

Breakeven Analysis
    We also examined the risk reduction from the total casualty
baseline required for the benefits of the proposed rule to exceed the
costs (Table 23). Overall, the proposed rule would need to prevent 4.4
fatalities per year for the benefits to equal the costs, a reduction of
23 percent from the baseline of 19 annual casualties resulting from the
loss of fishing vessels.
---------------------------------------------------------------------------

    \50\ The Coast Guard Authorization Act of 2015, Public Law 114-
120, amended 46 U.S.C. 3104 by removing language mandating that we
require survival craft on all CFVs to protect occupants against
immersion in water. The survival craft provisions of 46 U.S.C. 4502
were unaffected and therefore those provisions continue to apply to
subpart C survival craft. The 2015 legislation will be addressed in
a future rulemaking.
    \51\ Sec. 318(a) of the Coast Guard Authorization Act of 2015,
Public Law 114-120, changed the applicability of classing
requirements for CFVs. The 2010 and 2012 legislation extended the
classing requirement to CFVs of 50 feet or more overall in length
and built before July 1, 2013. The 2015 Act exempts from that
requirement CFVs of at least 50 and not more than 79 feet overall in
length, and built after Feb. 8, 2016, provided their construction is
overseen by a State-licensed naval architect or marine engineer, and
their design ``incorporates standards equivalent to those prescribed
by a classification society . . . or another qualified organization
. . . .'' This NPRM does not incorporate any of the 2015 provisions,
which must be reflected in our regulations through future regulatory
action.

                      Table 23--Proposed Rule, Breakeven Analysis (7 Percent, $ Millions).
----------------------------------------------------------------------------------------------------------------
                                                                                Percent
                                                                    Annualized                     reduction in
                                                                     costs to       Fatalities     total fishing
                    Proposed rule requirement                      industry and    prevented to     vessel loss
                                                                    government       breakeven    casualties  to
                                                                                breakeven
----------------------------------------------------------------------------------------------------------------
(1) Survival Craft..............................................           $9.10             1.0             5.3
(2) Records.....................................................             .70             0.1             0.4
(3) Examination and Certificates of Compliance..................             8.6             0.9               5
(4) Classing of Vessel, Third Party \52\........................           21.30             2.3            12.3
                                                                 -----------------------------------------------
    Total for Authorization Act Requirements....................            39.7             4.4              23
----------------------------------------------------------------------------------------------------------------

Alternatives
    Consistent with Executive Order 12866, an agency shall identify and
assess available alternatives to direct regulation. The agency should
consider a range of potentially effective and reasonably feasible
regulatory alternatives. We analyzed and assessed the effectiveness of
the following alternatives:
---------------------------------------------------------------------------

    \52\ Sec. 318(a) of the Coast Guard Authorization Act of 2015,
Public Law 114-120, changed the applicability of classing
requirements for CFVs. The 2010 and 2012 legislation extended the
classing requirement to CFVs of 50 feet or more overall in length
and built before July 1, 2013. The 2015 Act exempts from that
requirement CFVs of at least 50 and not more than 79 feet overall in
length, and built after Feb. 8, 2016, provided their construction is
overseen by a State-licensed naval architect or marine engineer, and
their design ``incorporates standards equivalent to those prescribed
by a classification society . . . or another qualified organization
. . .'' This NPRM does not incorporate any of the 2015 provisions,
which must be reflected in our regulations through future regulatory
action.
---------------------------------------------------------------------------

     Alternative 1: No Action;
     Alternative 2: Implementation through Guidance;
     Alternative 3: Regulation to Align Non-Discretionary
Requirements with Statute;
     Alternative 4: Discretionary Stringency in Dockside
Examination Frequency; and
     Alternative 5: Discretionary Implementation of Person-in-
Charge Training.
    We conducted a screening of alternatives based on an assessment of
the negative and positive impacts. Table 24 presents the results, which
indicate that Alternative 3 is the preferred alternative. In this
proposed rule, the Coast Guard is implementing Alternative 3.
Alternative 3 harmonizes Coast Guard regulations with statutes to
eliminate uncertainty and enhance clarity. Under Alternatives 1 and 2,
Coast Guard regulations and applicable statutes would continue to be
inconsistent, leading to confusion and uncertainty, particularly
regarding enforcement authority. Alternatives 4 and 5 have the
potential to increase safety and costs, but both require the exercise
of discretionary authority and should be subject to notice and public
comment before implementing.

                                       Table 24--Screening of Alternatives
----------------------------------------------------------------------------------------------------------------
        Alternatives               Description              Negative impacts              Relative impacts
----------------------------------------------------------------------------------------------------------------
1..........................  No Action..............  CG regulations would be       Safety improvements would be
                                                       inconsistent with Federal     diminished due to confusion
                                                       mandate, generating           and uncertainty about
                                                       uncertainty about             compliance and enforcement.
                                                       compliance and enforcement.
                                                      Costs to industry would be
                                                       incurred to comply with
                                                       Statute.
2..........................  Implementation through   CG regulations would be       Guidance could reduce some
                              Guidance.                inconsistent with Federal     confusion, but uncertainty
                                                       mandate, generating           about compliance and
                                                       uncertainty about             enforcement would remain.
                                                       compliance and enforcement.
                                                      Costs to industry would be
                                                       incurred to comply with
                                                       Statute.
3..........................  Regulation to Align Non- Costs to industry would be    Increased safety due to
                              Discretionary            incurred to comply with       survival craft, dockside
                              Requirements with        regulations.                  examinations, and the
                              Statute.                                               classing of new vessels.
                                                                                Harmonizes CG regulations
                                                                                with Statute to eliminate
                                                                                uncertainty about
                                                                                compliance and enforcement.
4..........................  Discretionary            Added costs due to more       Increased safety resulting
                              Stringency in Dockside   frequent examinations.        from the more timely
                              Examination Frequency.  Requires exercise of           identification of condition
                                                       discretionary authority.      and compliance
                                                                                deficiencies.
                                                                                Decrease in the incidence of
                                                                                deficiencies.
5..........................  Discretionary            Added costs due to person in  Increased safety resulting
                              Implementation of        charge training.              from training on
                              Person-in-Charge        Requires exercise of           seamanship, stability,
                              Training.                discretionary authority.      collision prevention,
                                                                                navigation, fire fighting
                                                                                and prevention, damage
                                                                                control and emergency
                                                                                communication, personal
                                                                                survival, emergency medical
                                                                                care, emergency drills, and
                                                                                weather.
----------------------------------------------------------------------------------------------------------------

B. Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as
amended by the Small Business Regulatory Enforcement Fairness Act of
1996 (Pub. L. 104-121), requires Federal agencies to consider the
potential impact of regulations on small businesses, small governmental
jurisdictions, and small organizations during the development of their
rules.
    The Coast Guard prepared an analysis on the potential economic
impacts of this proposed rule on small entities. A combined Regulatory
Analysis and Initial Regulatory Flexibility Analysis discussing the
impact the proposed rule would have on small entities is available in
the docket where indicated under the ``Public Participation and Request
for Comments'' section of this preamble.
    Based on the current data provided by the Coast Guard's MISLE
database, we estimate that there are potentially 16,730 owners of
17,237 documented commercial fishing vessels. As we do not have data
that distinguishes those vessels that operate beyond and within 3
nautical miles of the baseline, we use documented fishing vessels as a
proxy for the 36,115 vessels that operate beyond 3 nautical miles for
the purposes of determining the ownership characteristics and revenues
of small entities under the proposed rule. Operations and fisheries for
undocumented vessels operating beyond 3 nautical miles are similar to
small documented vessels that operate beyond 3 nautical miles. Although
by definition undocumented vessels are smaller than documented vessels,
for operational purposes a 4.9 net ton vessel is very similar in
equipment, manning, operations and fisheries to a 5 net ton vessel, but
one is classified as undocumented (<=4.9 net tons) and the other is
documented (>=5 net tons). Given that the operational area, defined by
operating beyond 3 nautical miles of the baseline, indicates similar
operations and fisheries, and because smaller vessel size is inversely
related to operating beyond three nautical miles, using documented
vessels to represent impacts to small entities is a reasonable proxy
and is the best data available. As such, undocumented vessels that
operate beyond three nautical miles are assumed to be represented
within the revenue distribution of documented vessels and other vessel
characteristics (age, structural integrity, etc.).
    In our review of the MISLE ownership data for documented fishing
vessels, we found 1,612 vessel owners of 1,615 vessels that had a non-
business organization type. Of these, 1,562 vessels are owned by an
organization that had an ``unknown'' organization type, 4 are owned by
the Federal government, 45 are owned by trusts, and 4 are owned by non-
profits.
    Of the remaining documented commercial fishing vessels, almost all
(over 99 percent) are owned by small businesses, as determined by SBA
small business size standards.\53\ Many of the small businesses are
classified as NAICS 141111 (Finfish) and 141112 (Shellfish), although
many have a non-fishing primary NAICS classification. Of this target
population, we examined publicly available revenue information on 360
vessel owners that owned 762 vessels. We assume that the remaining
3,273 owners of 3,375 vessels (for which revenue information was
unavailable) are small businesses for the purpose of this analysis. Of
those 360 owners for which revenue and employment information was
available, we found 17 entities owning 204 vessels that exceeded the
small business thresholds for their relevant NAICS code. The remaining
343 entities owning the remaining 558 vessels are small businesses as
defined by the NAICS thresholds.
---------------------------------------------------------------------------

    \53\ SBA small business standards are based on either company
revenue or number of employees. Many companies in our sample have
employee numbers determining them small, but we were unable to find
annual revenue data to pair with the employee data.
---------------------------------------------------------------------------

    Table 25 summarizes the proposed rule cost on a per vessel basis.
If a vessel incurs all of the cost items, the maximum total initial and
recurring costs are $812,358 and $11,118 respectively. We estimate that
the 260 vessels that undergo classing would incur the maximum cost,
representing less than 1 percent of the affected population. To reflect
a more likely cost impact on the typical commercial fishing vessel, we
calculate a weighted cost using a Monte Carlo simulation described in
Appendix H of the Regulatory Impact Analysis. Assigning the full burden
of the cost to the remaining population of 35,855 would distort the
estimated regulatory burden \54\. The weighted implementation and
recurring cost, on a per vessel basis, for requirements (1), (2), (3),
and (4) are $7,643 and $897, respectively. For the most part,
commercial fishing vessel owners own 1 vessel. In our sample, when an
entity owns more than 1 vessel, we calculate the cost per entity by
multiplying the cost per vessel by the number of vessels owned.
---------------------------------------------------------------------------

    \54\ In an effort to capture the impact of requirement ``(4)
Classing of Vessels, Third Party,'' we simulated the costs based on
probability. Specifically, we used a Monte Carlo simulation to
better understand the uncertainty in our costs estimate. For a more
detailed discussion, refer to Appendix H.
    \55\ The weighted costs is a calculation of a vessel's cost in
which each regulatory requirement is proportionately weighted by the
affected population. That is, each regulatory requirement is
assigned a weight based on the relative size of the affected
population.
    \56\ Sec. 318(a) of the Coast Guard Authorization Act of 2015,
Pub. L. 114-120, changed the applicability of classing requirements
for CFVs. The 2010 and 2012 legislation extended the classing
requirement to CFVs of 50 feet or more overall in length and built
before July 1, 2013. The 2015 Act exempts from that requirement CFVs
of at least 50 and not more than 79 feet overall in length, and
built after Feb. 8, 2016, provided their construction is overseen by
a State-licensed naval architect or marine engineer, and their
design ``incorporates standards equivalent to those prescribed by a
classification society . . . . or another qualified organization. .
. .'' This NPRM does not incorporate any of the 2015 provisions,
which must be reflected in our regulations through future regulatory
action.

                                                Table 25--Proposed Rule Weighted Average Cost Per Vessel
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                Maximum costs                Weighted costs \55\
                       Requirement                           Affected         Weight     ---------------------------------------------------------------
                                                            population                        Initial        Recurring        Initial        Recurring
--------------------------------------------------------------------------------------------------------------------------------------------------------
(1) Survival Craft......................................          24,771           68.6%          $1,740            $300          $1,193            $206
(2) Records.............................................          36,115           100.0              18              18              18              18
(3) Examinations and Certificates of Completion.........          36,115           100.0             600             600             600             600
(4) Classing of Vessels, Third Party \56\...............             260             0.7         810,000          10,200           5,831              73
                                                         -----------------------------------------------------------------------------------------------
    Total Cost per Vessel...............................                                         812,358          11,118           7,643             897
--------------------------------------------------------------------------------------------------------------------------------------------------------

[GRAPHIC] [TIFF OMITTED] TP21JN16.003

    For the initial implementation period, based on MANTA revenue
estimates, 18 percent of affected owners will incur a cost of 1 percent
or less of revenues, while 17 percent will incur a cost impact of
between 10 and 30 percent of revenues. Approximately 6 percent will
incur costs greater than 30 percent of revenues. (Table 25). For the
recurring costs, 74 percent of fishing vessel owners will incur 1
percent or less of revenues. The Coast Guard expects this rule will
have a significant economic impact on a substantial number of small
entities. As discussed previously, this rulemaking would implement only
the mandatory provisions required by Congress and for which the Coast
Guard cannot exercise discretion. Therefore, the Coast Guard does not
have the authority to grant relief to small businesses from the cost of
this rule.

         Table 26--Revenue Impacts on Affected Small Businesses
------------------------------------------------------------------------
                                           Initial
            Impact range               implementation   Recurring impact
                                      impact (percent)      (percent)
------------------------------------------------------------------------
0% < Impact <= 1%...................                18                74
1 < Impact <= 3.....................                21                19
3 < Impact <= 5.....................                13                 3
5 < Impact <= 10....................                24                 2
10 < Impact <= 30...................                17               1.5
>= 30...............................                 6               0.3
------------------------------------------------------------------------

C. Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule so that they can better evaluate
its effects on them and participate in the rulemaking. If the rule
would affect your small business, organization, or governmental
jurisdiction and you have questions concerning its provisions or
options for compliance, please contact the Coast Guard (see FOR FURTHER
INFORMATION CONTACT). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.
    Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine

compliance with, Federal regulations to the Small Business and
Agriculture Regulatory Enforcement Ombudsman and the Regional Small
Business Regulatory Fairness Boards. The Ombudsman evaluates these
actions annually and rates each agency's responsiveness to small
business. If you wish to comment on actions by employees of the Coast
Guard, call 1-888-REG-FAIR (1-888-734-3247).

D. Collection of Information

    This proposed rule calls for a revision to an existing collection
of information under the Paperwork Reduction Act of 1995 (44 U.S.C.
3501-3520). As defined in 5 CFR 1320.3(c), ``collection of
information'' comprises reporting, recordkeeping, monitoring, posting,
labeling, and other, similar actions. The title and description of the
information collections, a description of those who must collect the
information, and an estimate of the total annual burden follow. The
estimate covers the time for reviewing instructions, searching existing
sources of data, gathering and maintaining the data needed, and
completing and reviewing the collection.
    Title: Commercial Fishing Industry Vessel Regulations.
    OMB Control Number: 1625-0061.
    Summary of the Collection of Information: Sections 28.140, 28.155,
28.201, and 28.270 of this proposed rule would amend the collection-of-
information requirements for vessel owners and operators of certain
U.S. commercial fishing vessels. These changes would require vessel
owners and operators that operate beyond 3 nautical miles of the
baseline to document lifesaving equipment maintenance and inspection
and instructions and drills.
    Vessel owners and operators of subpart C CFVs (those operating
beyond 3 nautical miles, or with more than 16 individuals on board, or
that are Aleutian fish tenders) must also document the completion of a
dockside examination at least once every 5 years. These new
requirements would require a change in previously approved OMB
Collection 1625-0061.
    Need for Information: The Coast Guard needs this information to
determine whether a vessel meets the new regulatory requirements for
dockside examinations, and documentation of certain activities.
    Proposed Use of Information: The Coast Guard would use this
information to determine whether a vessel meets the new regulatory
requirements for dockside examinations, and documentation of certain
activities.
    Description of Respondents: The respondents are vessel owners and
operators of certain U.S. commercial fishing vessels.
    Number of Respondents: This proposed rule would increase the number
of respondents in this OMB-approved collection by 36,115 as operators
of certain commercial fishing vessels would need to document dockside
examinations, and certain maintenance activities.
    Frequency of Response: This proposed rule would vary the number of
responses each year by requirement. Details are shown in Table 27.
    Burden of Response: The burden of response for each regulatory
requirement varies. Details are shown in Table 27.
    Estimate of Total Annual Burden: The annual increase in burden from
this rule would be approximately 20,251 hours. That includes 14,446
hours from the private sector (36,115 responses) and an additional
government burden estimated at 5,805 hours for 23,221 responses.

                                                 Table 27--Collection of Information by NPRM Requirement
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                           Annual                          Number of      Total
          NPRM requirement                   Frequency         Duration   duration  Number of     Wage     responses    number of     Annual     Annual
                                                               (hours)    (hours)     vessels     rate      per year    responses     burden      cost
--------------------------------------------------------------------------------------------------------------------------------------------------------
Records, Documentation of Equipment   Varies................        0.4        0.4     36,115        $45            1       36,115     14,446   $652,324
 Maintenance, and Inspection.
Examination and Certificates of       Once over the first          0.25       0.25     23,221         45            1       23,221      5,805    262,142
 Compliance, Documentation.            three years.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Additional Burden for NPRM...........................................................................................       59,336     20,251    914,465
--------------------------------------------------------------------------------------------------------------------------------------------------------
Government Costs, Examination and     Once over the first          0.25       0.25     23,221         66            1       23,221      5,805    377,341
 Certificates of Compliance.           three years.
--------------------------------------------------------------------------------------------------------------------------------------------------------

    As required by the Paperwork Reduction Act of 1995, 44 U.S.C.
3,507(d), we have submitted a copy of this rule and an information
request to OMB for its review of the collection of information.
    We ask for public comment on the collection of information to help
us determine how useful the information is; whether it can help us
perform our functions better; whether it is readily available
elsewhere; how accurate our estimate of the burden of collection is;
how valid our methods for determining burden are; how we can improve
the quality, usefulness, and clarity of the information; and how we can
minimize the burden of collection.
    If you submit comments on the collection of information, submit
them both to OMB and to the Docket Management Facility where indicated
under ADDRESSES, by the date under DATES.
    You need not respond to a collection of information unless it
displays a currently valid control number from OMB. Before the Coast
Guard could enforce the collection of information requirements in this
rule, OMB would need to approve the Coast Guard's request to collect
this information.

E. Federalism

    A rule has implications for federalism under Executive Order 13132
\57\ if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and have
determined that it is consistent with the

fundamental federalism principles and preemption requirements described
in Executive Order 13132. Our analysis is explained below.
---------------------------------------------------------------------------

    \57\ ``Federalism,'' 64 FR 43255 (Aug. 4, 1999).
---------------------------------------------------------------------------

    As noted above, this proposed rule would implement the statutory
requirements enacted by the CGAA and CGMTA. In certain instances,
Congress amended the scope and applicability of existing laws for
uninspected commercial fishing vessels. For instance, the CGAA amended
the applicability of 46 U.S.C. 4502(b)(1) so that previously
promulgated equipment regulations are now required for undocumented
commercial fishing vessels. Additionally, Congress changed the
applicability of the statute to commercial fishing vessels that operate
beyond ``3 nautical miles from the baseline from which the territorial
sea of the United States is measured or beyond 3 nautical miles from
the coastline of the Great Lakes.'' Therefore, regulations promulgated
under 46 U.S.C. 4502(b)(1), including those promulgated under its
amended applicability, are within fields foreclosed from state or local
regulation.
    Congress also amended existing 46 U.S.C. 4502(b)(2), which directed
the Coast Guard, via delegation by the Secretary, to promulgate
regulations in the field of marine radios, survival craft, navigation
equipment, medical supplies, and ground tackle for both documented and
undocumented uninspected fishing vessels, fish processing vessels, or
fish tender vessels, that operate beyond three nautical miles from the
baseline, operate with more than 16 individuals on board, or that is a
fish tender vessel that engages in the Aleutian trade. The Coast Guard
has been granted the exclusive authority to promulgate regulations
within these fields for these specific vessels and, consequently, these
regulations are within fields foreclosed from state or local
regulation.
    Congress also directed the Coast Guard, via delegation by the
Secretary, to promulgate additional regulations under for documented
and undocumented uninspected commercial fishing vessels, fish
processing vessels, or fish tender vessels, that operate beyond three
nautical miles from the baseline, operate with more than 16 individuals
on board, or that is a fish tender vessel that engages in the Aleutian
trade. Specifically, Congress directed the Coast Guard to promulgate
regulations for the training and certification of individuals in charge
of these vessels, regulations requiring the individuals in charge of
these vessels to maintain a record of equipment maintenance, required
instruction and drills, and regulations that require dockside
examinations and the issuance of certificates of compliance for these
vessels. The Coast Guard has been granted the exclusive authority to
promulgate regulations within the fields of training \58\ and
certification of individuals in charge, record-keeping, dockside
examinations, and the issuance of certificates of compliance for
subpart C CFVs, and consequently these regulations are also within
fields foreclosed from state or local regulation.
---------------------------------------------------------------------------

    \58\ Because regulations on training require the exercise of the
Coast Guard's discretion, and this proposed rule would be confined
to implementing those statutory mandates that do not require the
exercise of discretion, training will be the subject of future Coast
Guard regulatory action and is not covered by the proposed rule.
---------------------------------------------------------------------------

    Congress also established a new subsection in 46 U.S.C. 4502 that
requires documented and undocumented uninspected fishing vessels, fish
processing vessels, or fish tender vessels, that operate beyond 3
nautical miles from the baseline, operate with more than 16 individuals
on board, or that is a fish tender vessel that engages in the Aleutian
trade, to meet a level of safety equivalent to the minimum safety
standards established by the Coast Guard for recreational vessels,
promulgated under 46 U.S.C. 4302, so long as these commercial fishing
vessels are less than 50 feet overall in length and are built after
January 1, 2010. Regulations promulgated under 46 U.S.C. 4302 are
within fields that Congress gave the Coast Guard the exclusive
authority to regulate, and therefore, these regulations are within
fields foreclosed from state or local regulation.
    Additionally, Congress expanded the applicability of 46 U.S.C. 4503
for survey and classification requirements to documented or
undocumented uninspected fishing vessels, fish processing vessels, or
fish tender vessels, that operate beyond 3 nautical miles from the
baseline, operate with more than 16 individuals on board, or that is a
fish tender vessel that engages in the Aleutian trade, and that are
also at least 50 feet overall in length and are built after July 1,
2013. The Coast Guard has been granted the exclusive authority to
promulgate regulations for survey and classification requirements for
these specific vessels and, consequently, these regulations are within
fields foreclosed from state or local regulation.
    Furthermore, Congress amended 46 U.S.C. 5102, so that fishing
vessels built after July 1, 2013, must now be assigned a load line. The
Coast Guard has been granted the exclusive authority to promulgate load
line requirements for fishing vessels built after July 1, 2013. The
regulations promulgated under 46 U.S.C. 5104 with respect to load lines
for these vessels are within a field foreclosed from state or local
regulation.
    Lastly, Congress enacted 46 U.S.C. 2117, which grants the Coast
Guard the authority to terminate a commercial fishing vessel's
operations if an authorized individual determines that unsafe
conditions exist. For these specific vessels, Congress granted to the
Coast Guard the exclusive authority to enforce this section and to
issue regulations pertaining to the termination of unsafe operations.
These regulations, therefore, would be within a field foreclosed from
state or local regulation.
    While it is well settled that States may not regulate in categories
in which Congress intended the Coast Guard to be the sole source of a
vessel's obligations, the Coast Guard recognizes the key role that
State and local governments may have in making regulatory
determinations. Additionally, for rules with federalism implications
and preemptive effect, Executive Order 13132 specifically directs
agencies to consult with State and local governments during the
rulemaking process. If you believe this rule has implications for
federalism under Executive Order 13132, please contact the person
listed in the FOR FURTHER INFORMATION section of this preamble.

F. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995, 2 U.S.C. 1531-1538,
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or Tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this proposed rule would not
result in such an expenditure, we do discuss the effects of this rule
elsewhere in this preamble.

G. Taking of Private Property

    This proposed rule would not cause a taking of private property or
otherwise have taking implications under Executive Order 12630,
Governmental Actions and Interference with Constitutionally Protected
Property Rights.

H. Civil Justice Reform

    This proposed rule meets applicable standards in sections 3(a) and
3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize
litigation, eliminate ambiguity, and reduce burden.

I. Protection of Children

    This rule is neither economically significant under Executive Order
12866 nor does it create an environmental risk to health or a risk to
safety within the meaning of Executive Order 13045, Protection of
Children From Environmental Health Risks and Safety Risks.

J. Indian Tribal Governments

    This rule does not have tribal implications under Executive Order
13175, Consultation and Coordination with Indian Tribal Governments,
because it does not have a substantial direct effect on one or more
Indian tribes, on the relationship between the Federal Government and
Indian tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian tribes.

K. Energy Effects

    We have analyzed this rule under Executive Order 13211, Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order. Though it is a ``significant
regulatory action'' under Executive Order 12866, it is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.

L. Technical Standards

    The National Technology Transfer and Advancement Act (15 U.S.C. 272
note) directs agencies to use voluntary consensus standards in their
regulatory activities unless the agency provides Congress, through OMB,
with an explanation of why using these standards would be inconsistent
with applicable law or otherwise impractical. Voluntary consensus
standards are technical standards (e.g., specifications of materials,
performance, design, or operation; test methods; sampling procedures;
and related management systems practices) that are developed or adopted
by voluntary consensus standards bodies.
    This proposed rule does not use technical standards. Therefore, we
did not consider the use of voluntary consensus standards.

M. Environment

    We have analyzed this proposed rule under Department of Homeland
Security Management Directive 023-01 and Commandant Instruction
M16475.lD, which guide the Coast Guard in complying with the National
Environmental Policy Act of 1969 (42 U.S.C. 4321-4370f), and have
concluded that this action is one of a category of actions that do not
individually or cumulatively have a significant effect on the human
environment. This proposed rule is categorically excluded under section
2.B.2, figure 2-1, paragraph (34)(c), (d), and (e) of the Instruction,
and under sections 6(a) and 6(b) of the ``Appendix to National
Environmental Policy Act: Coast Guard Procedures for Categorical
Exclusions, Notice of Final Agency Policy'' (67 FR 48243, July 23,
2002). This proposed rule involves training of personnel, inspection
and equipping of vessels, equipment approval and carriage requirements,
vessel operation safety equipment and standards, and congressionally
mandated regulations that protect the environment. An environmental
analysis checklist is available in the docket where indicated under
ADDRESSES.

List of Subjects in 46 CFR Part 28

    Alaska, Fire prevention, Fishing vessels, Incorporation by
reference, Marine safety, Occupational safety and health, Reporting and
recordkeeping requirements, Seamen.

    For the reasons discussed in the preamble, the Coast Guard proposes
to amend 46 CFR part 28 as follows:

Title 46--Shipping

PART 28--REQUIREMENTS FOR COMMERCIAL FISHING INDUSTRY VESSELS

0
1. The authority citation for part 28 is revised to read as follows:

    Authority: 46 U.S.C. 2103, 3316, 4502, 4505, 4506, 6104, 10603;
Department of Homeland Security Delegation No. 0170.1, para. II
(92.a), (92.b), (92.d), (92.g).

0
2. Amend Sec.  28.65 by revising paragraph (a) to read as follows and
by removing paragraph (c).

Sec.  28.65  Termination of unsafe operations.

    (a) A Coast Guard Boarding Officer is an individual authorized to
enforce Title 46 of the United States Code for the purposes of 46
U.S.C. 2117 and may--
    (1) Remove a certificate required by Title 46 from a vessel that is
operating in a condition that does not comply with the provisions of
the certificate;
    (2) Order the master of a vessel that is operating that does not
have onboard the certificate required by Title 46 to return the vessel
to a mooring and to remain there until the vessel is in compliance with
that title; and
    (3) Direct the master of a vessel to which Title 46 applies to
immediately take reasonable steps necessary for the safety of
individuals onboard the vessel if the Boarding Officer observes the
vessel being operated in an unsafe condition that the official believes
creates an especially hazardous condition, including ordering the
master to return the vessel to a mooring and remain there until the
situation creating the hazard is corrected or ended.
* * * * *
0
3. Amend Sec.  28.110 by revising Table 28.110 to read as follows:

Sec.  28.110  Life preservers or other personal flotation devices.

* * * * *

                          Table 28.110--Personal Flotation Devices and Immersion Suits
----------------------------------------------------------------------------------------------------------------
          Applicable waters                  Vessel type            Devices required        Other regulations
----------------------------------------------------------------------------------------------------------------
Beyond 3 nautical miles from the       Documented.............  Immersion suit or        28.135; 25.25-9(a);
 baseline from which the territorial                             exposure suit.           25.25-13; 25.25-15.
 sea of the U.S. is measured and
 north of 32[deg]N or south of
 32[deg]S; and Lake Superior.
Coastal waters on the west coast of    All....................  Immersion suit or        28.135; 25.25-9(a);
 the U.S. north of Point Reyes, CA;                              exposure suit.           25.25-13; 25.25-15.
 beyond coastal waters, cold water;
 and Lake Superior.
All other waters (includes all Great   40 feet (12.2 meters)    Type I, Type V           28.135; 25.25-5(e);
 Lakes except Lake Superior).           or more in length.       commercial hybrid,       25.25-5(f); 25.25-
                                                                 immersion suit, or       9(a); 25.25-13; 25.25-
                                                                 exposure suit.\1\        15.

                                       Less than 40 feet (12.2  Type I, Type II, Type    28.135; 25.25-5(e);
                                        meters) in length.       III, Type V commercial   25.25-5(f); 25.25-
                                                                 hybrid, immersion        9(a); 25.25-13; 25.25-
                                                                 suit, or exposure        15.
                                                                 suit.\1\
----------------------------------------------------------------------------------------------------------------
\1\ Certain Type V personal flotation devices are approved for substitution for Type I, II, or III personal
  flotation devices when used in accordance with the conditions stated in the Coast Guard approval table.

0
4. In Sec.  28.120, add paragraph (i) to read as follows:

Sec.  28.120  Survival craft.

* * * * *
    (i) On any vessel to which subpart C of this part applies, a
survival craft described in this section must ensure that no part of an
individual is immersed in water.
0
5. Amend Sec.  28.130 by adding paragraph (e) to read as follows:

Sec.  28.130  Survival craft equipment.

* * * * *
    (e) On any vessel to which subpart C of this part applies, a
survival craft described in this section must ensure that no part of an
individual is immersed in water.
0
6. Add Sec.  28.170 to read as follows:

Sec.  28.170  Load lines.

    Each fishing vessel built after July 1, 2013, must be assigned a
load line in accordance with Subchapter E (Load Lines) of this chapter
if it is 79 feet in length or greater, and operates outside the
Boundary Line (per part 7 of this chapter).
0
7. Revise the heading for 46 CFR part 28, subpart C, to read as
follows:

Subpart C--Requirements for Vessels Operating Beyond 3 Nautical
Miles, or With More Than 16 Individuals Onboard, or As Fish Tender
Vessels Engaged in the Aleutian Trade

0
8. Amend Sec.  28.200 as follows:
0
a. Revise the section heading;
0
b. Designate the introductory text as new paragraph (a) and remove the
word ``documented,'' and redesignate existing paragraphs (a), (b), and
(c) as paragraphs (a)(1), (2), and (3), respectively;
0
c. In newly redesignated paragraph (a)(1), remove the words ``the
Boundary Lines'' and add, in their place, the words ``3 nautical miles
from the baseline by which the territorial sea of the U.S. is
measured''; and
0
d. Add new paragraph (b).
    The revision and addition to read as follows:

Sec.  28.200  Applicability; documentation of maintenance, training,
and drills.

* * * * *
    (b) The individual in charge of a vessel described in paragraph (a)
of this section must keep a record of equipment maintenance, and
required instruction and drills for three years.
0
9. Add Sec.  28.201 to read as follows:

Sec.  28.201  Examination and certification.

    (a) Each vessel to which this subpart applies must be examined at
dockside at least once every 5 years. Topics and equipment covered by
the examination are listed on the Coast Guard Web site,
www.fishsafe.info/, and generally cover lifesaving equipment, required
documentation, bridge and engine room equipment, and miscellaneous
required items. Each vessel meeting the applicable requirements of 46
U.S.C. chapter 45, ``Uninspected Commercial Fishing Vessels,'' is
issued a Coast Guard certificate of compliance following examination.
    (b) Each vessel to which this subpart applies that is at least 50
feet overall in length and built after July 1, 2013, must--
    (1) Meet all survey and classification requirements prescribed by
the American Bureau of Shipping, available at http://homeport.uscg.mil,
or another similarly qualified organization approved by the Coast
Guard; and
    (2) Have onboard a certificate issued by the American Bureau of
Shipping or that other organization evidencing compliance with
paragraph (b) of this section.
    (c) A vessel to which this subpart applies that is at least 50 feet
overall in length and was classed before July 1, 2012, must remain
subject to the requirements of a classification society approved by the
Coast Guard and have onboard a certificate from that society.
0
10. Add Sec.  28.202 to read as follows:

Sec.  28.202  Construction requirement for smaller vessels.

    Each vessel to which this subpart applies that is less than 50 feet
overall in length and built after January 1, 2010, must be constructed
in a manner that provides a level of safety equivalent to the
recreational vessel regulations in 33 CFR part 183.
0
11. Amend Sec.  28.205 by adding introductory text to read as follows:

Sec.  28.205  Fireman's outfits and self-contained breathing apparatus.

    For any documented vessel to which this subpart applies:
* * * * *

Sec.  28.210  [Amended]

0
12. Amend Sec.  28.210 as follows:
0
a. In paragraph (a), remove the words ``medicine chest of a size
suitable for the number of individuals on board'', and add, in their
place, the words ``medical supplies sufficient for the size and area of
operation of the vessel, which on documented vessels must be in a
readily accessible location'';
0
b. In paragraph (b) introductory text, before the words ``certification
in first aid and CPR'', add the words ``On any documented vessel,'';
0
c. In paragraph (b), remove the word ``Certification'' and add in its
place the word ``certification''; and
0
d. In paragraphs (c), (d), and (e), after the word ``Each'' and before
the word ``vessel'', add the word ``documented''.
0
13. Amend Sec.  28.215 by adding introductory text to read as follows:

Sec.  28.215  Guards for exposed hazards.

    For any documented vessel to which this subpart applies:
* * * * *
0
14. Amend Sec.  28.225 as follows:
0
a. Redesignate paragraphs (a) and (b) as paragraphs (b) and (c),
respectively, and add new paragraph (a); and
0
b. In newly redesignated paragraph (b) introductory text and in newly
redesignated paragraph (c) after the word ``Each'' and before the word
``vessel'', add the word ``documented''.
    The addition to read as follows:

Sec.  28.225  Navigational information.

    (a) Each vessel must have navigation equipment, including
compasses, nautical charts, and publications.
* * * * *

Sec.  28.230  [Amended]

0
15. In Sec.  28.230, after the word ``Each'' and before the word
``vessel'', add the word ``documented''.
0
16. Amend Sec.  28.235 as follows:
0
a. Redesignate paragraphs (a) and (b) as paragraphs (b) and (c),
respectively;

0
b. Add new paragraph (a);
0
c. In newly redesignated paragraph (b), remove the words ``Each
vessel'' and add, in their place, the words ``Each documented vessel'';
and
0
d. In newly redesignated paragraph (c), before the word
``nonmetallic'', add the word ``documented''.
    The addition to read as follows:

Sec.  28.235  Anchors and radar reflectors.

    (a) Each vessel must have ground tackle sufficient for the vessel.
* * * * *

Sec.  28.240  [Amended]

0
17. In Sec.  28.240, in paragraph (a), after the word ``each'' and
before the word ``vessel'', add the word ``documented''.
0
18. Amend Sec.  28.245 as follows:
0
a. Revise paragraph (a) introductory text;
0
b. In paragraphs (a)(1), (a)(2), (a)(3), and (a)(4) after the word
``Each'' and before the word ``vessel'', add the word ``documented'';
and
0
c. Revise paragraphs (f), (g), (h), and (i).
    The revisions to read as follows:

Sec.  28.245  Communication equipment.

    (a) Each vessel must have marine radio communications equipment
sufficient to effectively communicate with land-based search and rescue
facilities; and except as provided in paragraphs (b) through (e) of
this section, each documented vessel must be equipped as follows:
* * * * *
    (f) On each documented vessel, the principle operating position of
the communication equipment must be at the operating station.
    (g) On each documented vessel, communication equipment must be
installed to ensure safe operation of the equipment and to facilitate
repair. It must be protected against vibration, moisture, temperature,
and excessive currents and voltages. It must be located so as to
minimize the possibility of water intrusion from windows broken by
heavy seas.
    (h) On each documented vessel, communication equipment must comply
with the technical standards and operating requirements issued by the
Federal Communications Commission, as set forth in 47 CFR part 80.
    (i) On each documented vessel, all communication equipment must be
provided with an emergency source of power that complies with Sec.
28.375 of this part.

Sec.  28.250  [Amended]

0
19. In Sec.  28.250, in the introductory text, before the word
``vessel'', add the word ``documented''.
0
20. Amend Sec.  28.255 by adding introductory text to read as follows:

Sec.  28.255  Bilge pumps, bilge piping, and dewatering systems.

    For any documented vessel to which this subpart applies:
* * * * *

Sec.  28.260  [Amended]

0
21. In Sec.  28.260, after the word ``Each'' and before the word
``vessel'', add the word ``documented''.
0
22. Amend Sec.  28.265 by adding introductory text to read as follows:

Sec.  28.265  Emergency instructions.

    For any documented vessel to which this subpart applies:
* * * * *
0
23. Amend Sec.  28.270 as follows:
0
a. Add a new introductory paragraph; and
0
b. Revise the first sentence of paragraph (a).
    The additions and revisions to read as follows:

Sec.  28.270  Instruction, drills, safety orientation, and training.

    The master or individual in charge of any documented vessel to
which this subpart applies must ensure compliance with this section,
but may delegate the actual conduct of instruction and drills required
by paragraphs (a) through (d) of this section to a person who may or
may not be a member of the crew.
    (a) Drills and instruction. Drills must be conducted and
instruction must be given to each individual onboard at least once each
month. * * *
* * * * *

Sec.  28.500  [Amended]

0
24. Amend Sec.  28.500 introductory text by removing the words ``that
is not required to be issued a load line under subchapter E of this
chapter and''.

    Dated: June 10, 2016.
Paul F. Zukunft,
Admiral, U.S. Coast Guard Commandant.
[FR Doc. 2016-14399 Filed 6-20-16; 8:45 am]
 BILLING CODE 9110-04-P