FR 2025-05486

The document in question is a public notice issued by the Department of Commerce, specifically through its agency, the National Oceanic and Atmospheric Administration (NOAA). This notice invites comments from the public regarding the renewal of an information collection program that falls under the jurisdiction of the Merchant Marine Act of 1936. The program is notably linked to a Capital Construction Fund (CCF), which allows commercial fishing businesses to defer taxes when investing in vessel-related projects.

General Summary of the Document

The document invites public and federal agency comments on the continuation of an information collection requirement related to the CCF. This requirement is mandated under certain U.S. laws that aim to facilitate the capacity building within the commercial fishing sector. Participants in this program are tasked with entering into formal agreements with the Secretary of Commerce, enabling them to defer taxable income, provided these funds are channeled into approved vessel projects. The deadline for submitting feedback is set for May 30, 2025. The proposed renewal is required to be evaluated by the Office of Management and Budget (OMB).

Significant Issues and Concerns

Several issues stand out upon review of the document. Primarily, the total estimated annual cost of $4,000 for the public raises questions regarding how this cost accumulates and whether it represents efficient spending. Further, there is a noticeable complexity in the document due to legal references and procedural jargon that might not be easily digestible to the average reader, potentially hindering understanding and engagement from the public.

Another concern is that various forms and schedules (e.g., Schedule A, B, NOAA Form 88-14, 34-82) are mentioned without detailed context. This absence of clarity could be daunting for those unfamiliar with such administrative processes. Moreover, the method of data collection described simply as "Electronically, and email" lacks the specificity that might be expected by stakeholders wishing to participate in the program.

Broad Public Impact

From a broader perspective, the collection program and ensuing regulations are designed to benefit the national interest by enhancing the capacity and competitiveness of the U.S. commercial fishing industry. However, without greater clarity on the processes and expectations, public participation might face unnecessary hurdles. Moreover, the transparency regarding how personal data in public comments will be handled might deter some from contributing their perspectives.

Impact on Specific Stakeholders

For businesses in the commercial fishing industry, especially small operators and newcomers, understanding and fulfilling these requirements could pose significant challenges. While the benefits, such as tax deferrals for vessel improvements, are significant, the administrative burden of compliance might offset these benefits for some stakeholders.

Conversely, the notice also presents opportunities. For those established within the industry or with access to legal and administrative resources, participating in the program could facilitate critical investments in their fleets that might otherwise be cost-prohibitive.

Conclusion

In a summary reflection, while the document presents a structured approach to forward the interests of the commercial fishing industry through financial mechanisms like tax deferral, there remains a need to address the issues of clarity and accessibility. By demystifying legal references, clarifying data collection processes, and providing detailed explanations of administrative forms, the agency can promote broader participation and successful implementation of policy objectives.

The document outlines a notice from NOAA regarding an information collection process associated with the Capital Construction Fund (CCF) program. This program allows commercial fishermen to defer taxable income in support of vessel construction, reconstruction, or acquisition. The financial aspects of the document, as observed, focus on estimating the costs and burdens associated with this information collection activity.

Estimated Financial Impact

The document specifies an estimated total annual cost to the public of $4,000. This figure presumably accounts for expenses incurred by the participating fishermen and associated businesses as they comply with the data submission requirements. Each response to this information collection spans an estimated two hours, during which respondents must gather and report necessary information.

Assessment of Cost Implications

While the document states the annual cost of $4,000, it does not provide a breakdown or explanation of what this cost encapsulates. The lack of detail might raise questions about what respondents find financially burdensome when participating in NOAA's information collection. Each response requires meticulous adherence to specified reporting formats and timelines, which—though part of necessary compliance—might be perceived as an unnecessary financial strain. A clearer understanding of how the costs accumulate could enhance transparency.

Relevance to Identified Issues

1. Clarity and Transparency: The document references complex legal and procedure-oriented elements, such as the Merchant Marine Act of 1936. The absence of detailed elucidation on these elements might obscure how financial roles and obligations evolve in the context of this program. Understanding how these legal frameworks influence financial obligations could prove beneficial.

2. Complexity of Bureaucratic Navigation: The engagement between multiple agencies such as the Department of Commerce, NOAA, and NMFS layers additional complexity, particularly when financial and regulatory compliance is assessed. This complexity might indirectly contribute to organizational costs borne by public participants in ensuring compliance, hence impacting the overall public cost figure quoted.

3. Comprehensive Guidance: Engaging in this program requires compliance with specific forms and schedules, yet the document does not detail these elements. Providing a brief description or guidance on completing these could enable participants to manage their submission responsibilities better, thus potentially influencing the noted public cost.

In conclusion, while the document articulates an annual financial burden to the public, the absence of detailed cost analysis or guidance could limit understanding and transparency. Especially for non-expert participants, increased clarity could mitigate perceived burdens associated with this information collection undertaking.