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DHS/USCG RIN: 1625-AB85 Publication ID: Fall 2016 
Title: Commercial Fishing Vessels--Implementation of 2010 and 2012 Legislation 
Abstract:

The Coast Guard proposes to implement those requirements of 2010 and 2012 legislation that pertain to uninspected commercial fishing industry vessels and that took effect upon enactment of the legislation but that, to be implemented, require amendments to Coast Guard regulations affecting those vessels. The applicability of the regulations is being changed, and new requirements are being added to safety training, equipment, vessel examinations, vessel safety standards, the documentation of maintenance, and the termination of unsafe operations. This rulemaking promotes the Coast Guard's maritime safety mission.

 
Agency: Department of Homeland Security(DHS)  Priority: Other Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Proposed Rule Stage 
Major: No  Unfunded Mandates: No 
EO 13771 Designation: uncollected 
CFR Citation: 46 CFR 28    46 CFR 42   
Legal Authority: Pub. L. 111-281   
Legal Deadline:
Action Source Description Date
Other  Statutory  CGAA 2010 Requirements in effect since 10/15/2010   

Statement of Need:

The Coast Guard proposes to align its commercial fishing industry vessel regulations with the mandatory provisions of 2010 and 2012 legislation passed by Congress that took effect upon enactment. The alignments would change the applicability of current regulations, and add new requirements for safety equipment, vessel examinations, vessel safety standards, the documentation of maintenance, and the termination of unsafe operations. This rule only proposes to implement these legislative mandates, would exercise no Coast Guard regulatory discretion, and would promote the Coast Guard's maritime safety mission.

Summary of the Legal Basis:

Alternatives:

Anticipated Costs and Benefits:

We estimate that, as a result of this rulemaking, owners and operators of certain commercial fishing vessels would incur additional annualized costs, discounted at 7 percent, of $34.2 million. We estimate the annualized cost, discounted at 7 percent, to government of $5.4 million, for a total annualized cost of $39.7 million. For commercial fishing vessels that operate beyond 3 nautical miles, the cost of this rulemaking would involve provisions for carriage of survival craft, recordkeeping of lifesaving and fire equipment maintenance, and dockside safety examinations once every 5 years. Also, certain newly built commercial fishing vessels would have to undergo survey and classification. We believe that the rule based on Congressional mandates will address a wide range of causes of commercial fishing vessel accidents and supports the main goal of improving safety and survivability in the commercial fishing industry. The primary benefit of the proposed rule is an increase in safety and a resulting decrease in the risk of accidents and their consequences, primarily fatalities. We estimate an annualized benefit of $7.1 to $9.4 million from this rule, discounted at 7 percent.

Risks:

Timetable:
Action Date FR Cite
NPRM  06/21/2016  81 FR 40437   
NPRM Comment Period Extended  08/15/2016  81 FR 53986   
NPRM Comment Period End  10/19/2016 
Second NPRM Comment Period End  12/18/2016 
Additional Information: Docket ID USCG-2012-0025.
Regulatory Flexibility Analysis Required: Yes  Government Levels Affected: None 
Small Entities Affected: Businesses  Federalism: No 
Included in the Regulatory Plan: Yes 
RIN Data Printed in the FR: Yes 
Related RINs: Related to 1625-AA77 
Agency Contact:
Jack Kemerer
Project Manager, CG-CVC-3
Department of Homeland Security
U.S. Coast Guard
2703 Martin Luther King Jr. Avenue, SE., STOP 7501,
Washington, DC 20593-7501
Phone:202 372-1249
Email: jack.a.kemerer@uscg.mil