Federal Register proposed rules — 1996-05-21

Published Federal Register documents, not public-inspection drafts. The GPO XML/text rendition is a research aid; the linked complete official PDF retains the printed layout and all graphics. Graphics are retained in that PDF and are not independently reproduced in this text rendition. Publication does not establish that every provision remains legally in force.

FR Doc. 96-12739 Passenger Facility Charges

[Federal Register Volume 61, Number 99 (Tuesday, May 21, 1996)]
[Proposed Rules]
[Pages 25420-25421]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-12739]

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DEPARTMENT OF TRANSPORTATION
14 CFR Part 158

[Docket No. 27791; Notice No. 96-3A]
RIN 2120-AF69

Passenger Facility Charges

AGENCY: Federal Aviation Administration, DOT.

ACTION: Advance notice of proposed rulemaking (ANPRM); extension of 
comment period.

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SUMMARY: This document announces an extension of the comment period on 
The ANPRM entitled, ``Passenger Facility Charges'' (61 FR 16678; April 
16, 1996). This comment period is extended from May 16, 1996, until 
August 16, 1996. The extension responds to the request of the Air 
Transport Association of America (ATA) and is needed to permit ATA, and 
other affected parties, additional time to develop comments responsive 
to the ANPRM.

DATES: The comment period is being extended from May 16, 1996, to 
August 16, 1996.

ADDRESSES: As stated in Notice No. 96-3, comments should be mailed or 
delivered in triplicate, to: Federal Aviation Administration, Office of 
the Chief Counsel, Attn: Rules Docket (AGC-200), Docket No. 27791, 800 
Independence Avenue, SW., Washington, DC 20591. Comments delivered must 
be marked Docket No. 27791. Comments may be examined in Room 915G on 
weekdays, except Federal holidays, between 8:30 a.m. and 5:00 p.m.

FOR FURTHER INFORMATION CONTACT:
Sheryl Scarborough, Passenger Facility Charge Branch (App-530), 
Airports Financial Assistance Division, Office of Airports Planning and 
Programming, Federal Aviation Administration, 800 Independence Avenue, 
SW., Washington, DC 20591; telephone (202) 267-8825.

SUPPLEMENTARY INFORMATION: On April 16, 1996, the Federal Aviation 
Administration (FAA) issued Notice No. 96-3, entitled ``Passenger 
Facility

[[Page 25421]]

Charges'' that sought public comment on changes to several sections of 
Title 14, Code of Federal Regulations, Part 158 that deal with the 
collection, handling, and remittance of PFC's. The notice specified the 
quantity and quality of airline cost data necessary for the FAA to 
determine an adequate rate of airline compensation. In addition, the 
notice included several proposed modifications to part 158 that would 
allow air carriers to be compensated based on PFC's collected; would 
implement the statutory prohibition (FAA Authorization Act of 1994) on 
collection of PFC's from passengers traveling on frequent flyer awards; 
and clarified various terms. Finally, the notice requested comments on 
several proposals dealing with ways to safeguard PFC revenue in the 
event of carrier bankruptcy.
    By a request dated April 23, 1996, ATA asked that the comment 
period be extended 90 days to allow interested parties to respond 
adequately to the complex issues in the notice. ATA states that in 
light of the demands that the cost data guidance will place upon 
responding carriers and the carrier response rate that the FAA has 
established, an extension is needed to permit the submission of the 
information in the detail and to the extent that the FAA wishes.
    The FAA has determined that an extension of the comment period will 
allow ATA and its members additional time for a more thorough review of 
applicable issues and questions raised by the ANPRM, and the drafting 
of responsive comments.
    In order, therefore, to give all interested persons additional time 
to complete their comments, the FAA finds that it is in the public 
interest to extend the comment period.
    Accordingly, the comment period will close on August 16, 1996.

    Issued in Washington, DC, on May 16, 1996.
Paul L. Galis,
Director, Office of Airport Planning and Programming.
[FR Doc. 96-12739 Filed 5-16-96; 3:32 pm]
BILLING CODE 4910-13-M

Complete official Federal Register PDF

FR Doc. 96-12726 North Dakota Abandoned Mine Land Reclamation Plan

[Federal Register Volume 61, Number 99 (Tuesday, May 21, 1996)]
[Proposed Rules]
[Pages 25425-25426]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-12726]

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DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement
30 CFR Part 934
[ND-033-FOR]

North Dakota Abandoned Mine Land Reclamation Plan
AGENCY: Office of Surface Mining Reclamation and Enforcement, Interior.
ACTION: Proposed rule; reopening and extension of public comment period 
on proposed amendment.
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SUMMARY: The Office of Surface Mining Reclamation and Enforcement (OSM) 
is announcing receipt of additional explanatory information pertaining 
to a previously proposed amendment to the North Dakota abandoned mine 
land reclamation (AMLR) plan (hereinafter, the ``North Dakota plan'') 
under the Surface Mining Control and Reclamation Act of 1977 (SMCRA). 
The additional explanatory information for North Dakota's proposed 
statute and plan provisions pertain to contractor eligibility and sole-
source procurement procedures and policies. The amendment is intended 
to revise the North Dakota plan to meet the requirements of the 
corresponding Federal regulations and to improve operational 
efficiency.
DATES: Written comments must be received by 4:00 p.m., m.d.t., June 20, 
1996.
ADDRESSES: Written comments should be mailed or hand delivered to Guy 
Padgett at the address listed below. Copies of the North Dakota plan, 
the proposed amendment, and all written comments received in response 
to this document will be available for public review at the addresses 
listed below during normal business hours, Monday through Friday, 
excluding holidays. Each requester may receive one free copy of the 
proposed amendment by contacting OSM's Casper Field Office.

Guy Padgett, Director, Casper Field Office, Office of Surface Mining 
Reclamation and Enforcement, 100 East B Street, Room 2128, Casper, 
Wyoming 82601-1918

Louis A. Ogaard, Director, AML Division, Public Service Commission, 
Capitol Building, Bismarck, ND 58505-0165

FOR FURTHER INFORMATION CONTACT:

Guy Padgett, Telephone: (307) 261-6555, Internet address: 
[email protected]

SUPPLEMENTARY INFORMATION:

I. Background on the North Dakota Plan

    On December 23, 1981, the Secretary of the Interior approved the 
North Dakota plan. General background information on the North Dakota 
plan, including the Secretary's findings and the disposition of 
comments, can be found in the December 23, 1981, Federal Register (46 
FR 62253). Subsequent actions concerning North Dakota's plan and plan 
amendments can be found at 934.25.

II. Proposed Amendment

    By letter dated September 20, 1995, North Dakota submitted a 
proposed amendment to its plan (administrative record No. ND-X-02) 
pursuant to SMCRA (30 U.S.C. 1201 et seq.). North Dakota submitted the 
proposed amendment in response to a September 26, 1994, letter 
(administrative record No. ND-X-01) that OSM sent to North Dakota in 
accordance with 30 CFR 884.15(b), and at its own initiative. The 
provisions of the North Dakota plan that North Dakota proposed to add 
or revise were: North Dakota Century Code (NDCC) 38-14.2-03(14), powers 
and duties of the Commission; procurement procedures; contract 
procedures; policy 2-01-81(5), procurement policy and contract policy; 
and State agency organizational chart.

    OSM announced receipt of the proposed amendment in the October 16, 
1995, Federal Register (60 FR 53564), provided an opportunity for a 
public hearing or meeting on its substantive adequacy, and invited 
public comment on its adequacy (administrative record No. ND-X-05). 
Because no one requested a public hearing or meeting, none was held. 
The public comment period ended on November 15, 1995.

    During its review of the amendment, OSM identified concerns 
relating to (1)

[[Page 25426]]

the powers and duties of the Commission at NDCC 38-14.2-03(14), 
concerning the eligibility of successful bidders to receive AMLR 
contracts and (2) procurement procedures at section IV. C. 5 of the 
North Dakota plan provisions, concerning noncompetitive negotiation 
(sole-source procurement) when emergency or severe time constraints 
preclude issuing a formal request for proposals. OSM notified North 
Dakota of the concerns by letter dated December 7, 1995 (administrative 
record No. ND-X-04). North Dakota responded in a letter dated April 30, 
1996, be submitting additional explanatory information (administrative 
record No. ND-X-09).
    North Dakota proposes additional explanatory information for NDCC 
38-14.2-03(14), contractor responsibility, in the form of a policy that 
provides guidelines to govern the selection of successful bidders for 
AMLR contracts, and section IV. C. 5 of its plan provisions, 
procurement procedures, in the form of a statement concerning sole-
source procurement.
    Specifically, North Dakota proposes to add a policy statement that 
requires a background search of successful bidders for AMLR contracts, 
provides the criteria to be used in determining the eligibility of the 
successful bidder under 30 CFR 773.15(b)(1) at the time of contract 
award, limits the award of the AMLR contract to a successful bidder who 
meets the criteria used to determine eligibility, and provides that the 
eligibility determination will be made through OSM's Applicant/Violator 
System for each AMLR contract to be awarded. North Dakota also proposes 
that the Federal regulation at 43 CFR 12.76(d)(4)(i)(B), which is cited 
in OSM's December 7, 1995, issue letter, and implements one part of the 
Office of Management and Budget (OMB) Circular A-102 (commonly known as 
the ``Common Rule''), does not apply to States and that States are 
required to abide by 43 CFR 12-76(a) only.

III. Public Comment Procedures

    OSM is reopening the comment period on the proposed North Dakota 
plan amendment to provide the public an opportunity to reconsider the 
adequacy of the proposed amendment in light of the additional materials 
submitted. In accordance with the provisions of 30 CFR 884.15(a), OSM 
is seeking comments on whether the proposed amendment satisfies the 
applicable plan approval criteria of 30 CFR 884.14. If the amendment is 
deemed adequate, it will become part of the North Dakota plan.
    Written comments should be specific, pertain only to the issues 
proposed in this rulemaking, and include explanations in support of the 
commenter's recommendations. Comments received after the time indicated 
under ``DATES'' or at locations other than the Casper Field Office will 
not necessarily be considered in the final rulemaking or included in 
the administrative record.

IV. Procedural Determinations

1. Executive Order 12866

    This rule is exempted from review by the Office of Management and 
Budget (OMB) under Executive Order 12866 (Regulatory Planning and 
Review).

2. Executive Order 12988

    The Department of the Interior has conducted the reviews required 
by section 3 of Executive Order 12988 (Civil Justice Reform) and has 
determined that this rule meets the applicable standards of subsections 
(a) and (b) of that section. However, these standards are not 
applicable to the actual language of Tribe or State AMLR plans and 
revisions thereof since each such plan is drafted and promulgated by a 
specific Tribe or State, not by OSM. Decisions on proposed Tribe or 
State AMLR plans and revisions thereof submitted by a Tribe or State 
are based on a determination of whether the submittal meets the 
requirements of Title IV of SMCRA (30 U.S.C. 1231-1243) and the 
applicable Federal regulations at 30 CFR Parts 884 and 888.

3. National Environmental Policy Act

    No environmental impact statement is required for this rule since 
agency decisions on proposed Tribe or State AMLR plans and revisions 
thereof are categorically excluded from compliance with the National 
Environmental Policy Act (42 U.S.C. 4332) by the Manual of the 
Department of the Interior (516 DM 6, appendix 8, paragraph 8.4B(29)).

4. Paperwork Reduction Act

    This rule does not contain information collection requirements that 
require approval by OMB under the Paperwork Reduction Act (44 U.S.C. 
3507 et seq.).

5. Regulatory Flexibility Act

    The Department of the Interior has determined that this rule will 
not have a significant economic impact on a substantial number of small 
entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). 
The Tribe or State submittal which is the subject of this rule is based 
upon Federal regulations for which an economic analysis was prepared 
and certification made that such regulations would not have a 
significant economic effect upon a substantial number of small 
entities. Accordingly, this rule will ensure that existing requirements 
established by SMCRA or previously promulgated by OSM will be 
implemented by the Tribe or State. In making the determination as to 
whether this rule would have a significant economic impact, the 
Department relied upon the data and assumptions in the analyses for the 
corresponding Federal regulations.

6. Unfunded Mandates Reform Act

    This rule will not impose a cost of $100 million or more in any 
given year on any governmental entity or the private sector.

List of Subjects in 30 CFR Part 934

    Abandoned mine reclamation programs, Intergovernmental relations, 
Surface mining, Underground mining.

    Dated: May 9, 1996.
Richard J. Seibel,
Regional Director, Western Regional Coordinating Center.
[FR Doc. 96-12726 Filed 5-20-96; 8:45 am]
BILLING CODE 4310-05-M

Complete official Federal Register PDF

FR Doc. 96-12725 Oklahoma Regulatory Program

[Federal Register Volume 61, Number 99 (Tuesday, May 21, 1996)]
[Proposed Rules]
[Pages 25426-25428]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-12725]

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DEPARTMENT OF THE INTERIOR
30 CFR Part 936

[OK-018-FOR]

Oklahoma Regulatory Program

AGENCY: Office of Surface Mining Reclamation and Enforcement (OSM), 
Interior.

ACTION: Proposed rule; public comment period and opportunity for public 
hearing on proposed amendment.

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SUMMARY:  OSM is announcing receipt of a propose amendment to the 
Oklahoma regulatory program (hereinafter, the ``Oklahoma program'') 
under the Surface Mining Control and Reclamation Act of 1977 (SMCRA). 
The proposed amendment consists of revisions to Oklahoma's Coal Program 
Rules and Regulations. Oklahoma proposes to recodify and reinstate 
rules pertaining to an exemption for coal extraction incidental to 
government-financed or other construction. The amendment is intended to 
revise the Oklahoma program to be consistent with the corresponding 
Federal regulations.

DATES: Written comments must be received by 4:00 p.m., c.d.t., June 20, 
1996. If requested, a public hearing on the proposed amendment will be 
held on June 17, 1996. Requests to present oral testimony at the 
hearing must be received by 4:00 p.m., c.d.t., on June 5, 1996.

[[Page 25427]]

ADDRESSES: Written comments should be mailed or hand delivered to Jack 
R. Carson, Acting Director, Tulsa Field Office, at the address listed 
below.
    Copies of the Oklahoma program, the proposed amendment, and all 
written comments received in response to this document will be 
available for public review at the addresses listed below during normal 
business hours, Monday through Friday, excluding holidays. Each 
requester may receive one free copy of the proposed amendment by 
contacting OSM's Tulsa Field Office.

Jack R. Carson, Acting Director, Tulsa Field Office, Office of Surface 
Mining Reclamation and Enforcement, 5100 East Skelly Drive, Suite 470 
Tulsa, Oklahoma, 74135-6547, Telephone: (918) 581-6430.
Oklahoma Department of Mines, 4040 N. Lincoln Blvd., Suite 107, 
Oklahoma City, Oklahoma 73105, Telephone: (405) 521-3859.

FOR FURTHER INFORMATION CONTACT: Jack R. Carson, Telephone: (918) 581-
6430.

SUPPLEMENTARY INFORMATION:

I. Background on the Oklahoma Program

    On January 19, 1981, the Secretary of the Interior conditionally 
approved the Oklahoma program. General background information on the 
Oklahoma program, including the Secretary's findings, the disposition 
of comments, and the conditions of approval of the Oklahoma program can 
be found in the January 19, 1981, Federal Register (46 FR 4902). 
Subsequent actions concerning Oklahoma's program and program amendments 
can be found at 30 CFR 936.15 and 936.16.

II. Proposed Amendment

    By letter dated April 26, 1996, Oklahoma submitted a proposed 
amendment to its program pursuant to SMCRA (Administrative Record No. 
OK-974). Oklahoma submitted the proposed amendment at its own 
initiative. Oklahoma proposes to reinstate rules pertaining to an 
exemption for coal extraction incidental to government-financed or 
other construction. These rules were previously codified as part 707. 
Oklahoma proposes to recodify these rules at Oklahoma Administrative 
Code (OAC) 460, Chapter 20, Subchapter 6.

Section 460:20-6-1, Purpose

    This section specifies the purpose of Subchapter 6 as establishing 
procedures for determining those surface coal mining and reclamation 
operations that meet the exemption criteria for coal extraction as an 
incidental part of government-financed construction.

Section 460:20-6-2, Responsibility

    This section specifies that the Department of Mines is responsible 
for enforcing the requirements of Subchapter 6. It also specifies that 
persons conducting coal extraction as an incidental part of government-
financed construction is responsible for keeping specified 
documentation on the site of the extraction operation.

Section 460:20-6-3, Definitions

    This section contains definitions for the terms ``Extraction of 
coal as an incidental part''; ``Government financing agency''; and 
``Government-financed construction.''

Section 460:20-6-4, Applicability

    This section specifies that a permit must be obtained unless the 
coal extraction is an incidental part of government-financed 
construction.

Section 460:20-6-5, Information to be Maintained on Site

    This section specifies the information that must be maintained on 
the site of the extraction operation.

III. Public Comment Procedures

    In accordance with the provisions of 30 CFR 732.17(h), OSM is 
seeking comments on whether the proposed amendment satisfies the 
applicable program approval criteria of 30 CFR 732.15. If the amendment 
is deemed adequate, it will become part of the Oklahoma program.

1. Written Comments

    Written comments should be specific, pertain only to the issues 
proposed in this rulemaking, and include explanations in support of the 
commenter's recommendations. Comments received after the time indicated 
under DATES or at locations other than the Tulsa Field Office will not 
necessarily be considered in the final rulemaking or included in the 
administrative record.

2. Public Hearing

    Persons wishing to testify at the public hearing should contact the 
person listed under FOR FURTHER INFORMATION CONTACT by 4:00 p.m., 
c.d.t., on June 5, 1996. Any disabled individual who has need for a 
special accommodation to attend a public hearing should contact the 
individual listed under FOR FURTHER INFORMATION CONTACT. The location 
and time of the hearing will be arranged with those persons requesting 
the hearing. If no one requests an opportunity to testify at the public 
hearing, the hearing will not be held.
    Filing of a written statement at the time of the hearing is 
requested as it will greatly assist the transcriber.
    Submission of written statements in advance of the hearing will 
allow OSM officials to prepare adequate responses and appropriate 
questions.
    The public hearing will continue on the specified date until all 
persons scheduled to testify have been heard. Persons in the audience 
who have not been scheduled to testify, and who wish to do so, will be 
heard following those who have been scheduled. The hearing will end 
after all persons scheduled to testify and persons present in the 
audience who wish to testify have been heard.

3. Public Meeting

    If only one person requests an opportunity to testify at a hearing, 
a public meeting, rather than a public hearing, may be held. Persons 
wishing to meet with OSM representatives to discuss the proposed 
amendment may request a meeting by contacting the person listed under 
FOR FURTHER INFORMATION CONTACT. All such meetings will be open to the 
public and, if possible, notices of meetings will be posted at the 
locations listed under ADDRESSES. A written summary of each meeting 
will be made a part of the administrative record.

IV. Procedural Determinations

1. Executive Order 12866

    This rule is exempted from review by the Office of Management and 
Budget (OMB) under Executive Order 12866 (Regulatory Planning and 
Review).

2. Executive Order 12988

    The Department of the Interior has conducted the reviews required 
by section 3 of Executive Order 12988 (Civil Justice Reform) and has 
determined that this rule meets the applicable standards of subsections 
(a) and (b) of that section. However, these standards are not 
applicable to the actual language of State regulatory programs and 
program amendments since each such program is drafted and promulgated 
by a specific State, not by OSM. Under sections 503 and 505 of SMCRA 
(30 U.S.C. 1253 and 1255) and the Federal regulations at 30 CFR 730.11, 
732.15, and 732.17(h)(10), decisions on proposed State regulatory 
programs and program amendments submitted by the States must be based 
solely on a determination of whether the submittal is consistent with 
SMCRA and

[[Page 25428]]

its implementing Federal regulations and whether the other requirements 
of 30 CFR Parts 730, 731, and 732 have been met.

3. National Environmental Policy Act

    No environmental impact statement is required for this rule since 
section 702(d) of SMCRA (30 U.S.C. 1292(d)) provides that agency 
decisions on proposed State regulatory program provisions do not 
constitute major Federal actions within the meaning of section 
102(2)(C) of the National Environmental Policy Act of 1969 (42 U.S.C. 
4332(2)(C)).

4. Paperwork Reduction Act

    This rule does not contain information collection requirements that 
require approval by OMB under the Paperwork Reduction Act (44 U.S.C. 
3507 et seq.).

5. Regulatory Flexibility Act

    The Department of the Interior has determined that this rule will 
not have a significant economic impact on a substantial number of small 
entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). 
The State submittal that is the subject of this rule is based upon 
counterpart Federal regulations for which an economic analysis was 
prepared and certification made that such regulations would not have a 
significant economic effect upon a substantial number of small 
entities. Accordingly, this rule will ensure that existing requirements 
previously promulgated by OSM will be implemented by the State. In 
making the determination as to whether this rule would have a 
significant economic impact, the Department relied upon the data and 
assumptions for the counterpart Federal regulations.

6. Unfunded Mandates

    This rule will not impose a cost of $100 million or more in any 
given year on any governmental entity or the private sector.

List of Subjects in 30 CFR Part 936

    Intergovernmental relations, Surface mining, Underground mining.

    Dated: May 9, 1996.
Brent Wahlquist,
 Regional Director, Mid-Continent Regional Coordinating Center.
[FR Doc. 96-12725 Filed 5-20-96; 8:45 am]
BILLING CODE 4310-05-M

Complete official Federal Register PDF

FR Doc. 96-12723 Amendments to Gas Valuation Regulations for Federal Leases

[Federal Register Volume 61, Number 99 (Tuesday, May 21, 1996)]
[Proposed Rules]
[Pages 25421-25425]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-12723]

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DEPARTMENT OF THE INTERIOR

Minerals Management Service

30 CFR Parts 202, 206, and 211

RIN 1010-AC02

Amendments to Gas Valuation Regulations for Federal Leases

AGENCY: Minerals Management Service, Interior.

ACTION: Notice of reopening of public comment period.

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SUMMARY: The Minerals Management Service (MMS) is reopening the public 
comment period under a proposed rule published in the Federal Register 
on November 6, 1995, amending the regulations governing the valuation 
for royalty purposes of natural gas produced from Federal leases (60 FR 
56007). In the December 13, 1995, Federal Register we extended the 
comment period through February 5, 1996 (60 FR 64000). Based on the 
diversity of comments received under the proposed rule, in this notice 
we are publishing a summary of those comments, outlining five options 
for proceeding with further rulemaking, and requesting public comment 
on the five options.

DATES: Comments must be submitted on or before July 22, 1996.

ADDRESSES: You must send comments to: David S. Guzy, Chief, Rules and 
Procedures Staff, Minerals Management Service, Royalty Management 
Program, P.O. Box 25165, MS 3101, Denver, Colorado 80225-0165, 
telephone (303) 231-3432, fax (303) 231-3194, e-Mail David__ 
G[email protected], courier delivery to building 85, Room A-212, Denver 
Federal Center, Denver, CO 80225.

FOR FURTHER INFORMATION CONTACT: David S. Guzy, Chief, Rules and 
Procedures Staff, Minerals Management Service, Royalty Management 
Program, telephone (303) 231-3432, fax (303) 231-3194, e-Mail 
David__G[email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    On June 27, 1994, in response to the Vice President's National 
Performance Review, the Secretary chartered the Federal Gas Valuation 
Negotiated Rulemaking Committee (Committee) for the purpose of 
improving the regulations that govern the valuation, for royalty 
purposes, of gas produced from Federal leases. The Committee was 
comprised of representatives from large oil and gas companies, 
independents,

[[Page 25422]]

trade associations, States, and MMS. We asked the Committee to address 
the valuation and reporting of gas from approved Federal unit and 
communitization agreements and the valuation of gas sold under non-
arm's-length contracts. We later expanded the charter of the Committee 
to include the valuation of gas sold under arm's-length contracts in a 
post-Federal Energy Regulatory Commission Order No. 636 marketing 
environment. Other issues, such as allowable gathering and compression 
deductions, transportation allowance determinations, transportation and 
processing allowance forms, and dual accounting, also were the subject 
of the Committee's attempt at streamlining and simplifying the 
procedures for valuing Federal gas.
    On November 6, 1995, we published a proposed rule reflecting the 
consensus decisions of the Committee that would amend the regulations 
governing the valuation of Federal gas. The amendments would add 
several alternative valuation methods to the existing regulations. The 
amendments would allow lessees to choose from several options for 
valuing gas for royalty purposes, including for example published index 
prices, affiliated companies' arm's-length resale prices, and residue 
gas prices applied to the wellhead. The amendments would eliminate 
several administrative functions such as allowance form filing and 
accounting for comparison, also known as ``dual accounting'' as well as 
redefine specific terms to provide certainty regarding their 
deductibility from royalty. The amendments would also clarify who is 
responsible for reporting and paying royalties on gas produced from 
approved Federal agreements containing a mix of leases with different 
lessors, royalty rates, or funds recipients, so called ``mixed 
agreements''.
    While the proposed rule reflected the consensus decisions of the 
Committee, we received many comments opposing the proposed valuation 
alternatives and the reporting and payment requirements for mixed 
agreements. Many of the comments focused on the complexity of the rule 
that arose from trying to develop options for valuing gas sold under an 
array of marketing environments. While many comments were supportive of 
allowing various options, clarifying terms, and eliminating certain 
administrative burdens, we received a significant number of comments 
that raise concerns about whether we should proceed in publishing a 
final rule based on the consensus of the Committee.
    We also received comments on five specific issues associated with 
the proposed amendments for which comments were requested:
    1. How should we improve the benchmarks (at 30 CFR Sec. 206.152(c) 
and 206.153(c)) for valuing gas sold under non-arm's-length contracts 
when the gas is not subject to the alternative valuation methods?
    2. Should we require royalties on amounts received by lessees using 
index-based valuation for gas contract settlements entered into after 
the effective date of the rule?
    3. What should be the consequences if we do not publish the final 
safety net median value (as defined in the November 6, 1995, Federal 
Register Notice) within 2 years after the end of the relevant calendar 
year?
    4. How should we process a credit for royalties paid on volumes in 
excess of the volume a lessee is entitled to take from a mixed 
agreement during the relevant calendar year?
    5. How should we address the additional reporting on the Report of 
Sales and Royalty Remittance (Form MMS-2014) that would be necessary to 
implement the proposed rule?

II. Summary of Public Comments

    We received comments from 44 entities, including independents, 
major oil and gas companies, trade associations, States, a royalty 
owner, and a pipeline company. Below is a summary of those comments. On 
January 22, 1996, we held a public meeting to receive verbal comments 
on the proposed rule. Five industry participants provided verbal 
comments that were consistent with the written comments submitted by 
their companies or trade associations. We have a transcript of those 
comments available for review. If you are interested in reviewing 
either the written comments in full or the transcript of the public 
meeting, you may contact David S. Guzy, Chief, Rules and Procedures 
Staff, Minerals Management Service, Royalty Management Program, 
telephone (303) 231-3432, fax (303) 231-3194, e-Mail David__ 
G[email protected]. A complete set of the public comments is also 
available on the Internet at www.rmp.mms.gov.

Independents (24 Commenters)

    In general, most independents opposed index pricing as a valuation 
alternative. They claimed its complexity discriminates against them 
from a competitive standpoint. They also feared that index-based 
valuation would lead to it becoming a minimum for royalties in excess 
of gross proceeds. They pointed out that gross proceeds should be 
acceptable and that the rule should state so explicitly.
    A form letter was submitted by 17 small independents outlining 
their concerns. They asserted that the rule, because of the increased 
costs under index valuation (and associated safety net median value and 
transportation allowance requirements), would violate the Regulatory 
Flexibility Act. Many claimed that they did not have the staff to 
implement the different options and to track the published index 
points. They also cited overall concerns that a more complex rule 
coupled low prices and higher transportation costs, particularly in the 
Rocky Mountains, would harm them. However, one large independent 
expressed its support for index-based valuation.
    All independents objected to paying additional royalties under the 
safety net median value procedure if MMS is late in publishing the 
final safety net median value. Many objected to comparing spot sales 
valued on an index price to other types of sales valued on gross 
proceeds under the safety net procedure. They also objected to paying 
royalties on their entitled share of production under a mixed agreement 
because it would discriminate against them as a small producer who 
cannot market its full share of production every month.
    Both small and large independents supported:
    (1) eliminating the allowance forms and dual accounting for Federal 
leases,
    (2) using a residue gas price or an index price to value gas at the 
wellhead, and
    (3) the new definitions of gathering and compression. In addition, 
the larger independents recommended:
    (1) reordering the benchmarks for valuing mixed agreement 
production to which the lessee is entitled but does not sell,
    (2) including exceptions to entitlements reporting for mixed 
agreements and exceptions to takes reporting (as explained in the June 
9, 1995, Federal Register, 60 FR 30492, Amendments of Regulations to 
Establish Liability for Royalty Due on Federal and Indian Leases, and 
To Establish Responsibility to Pay and Report Royalty and Other 
Payments) for agreements containing only Federal leases with the same 
royalty rate and fund recipients, so-called 100 percent Federal 
agreements, and
    (3) clarifying that royalties must be reported and paid on a 
lessee's takes for 100 percent Federal agreements.
    The larger independents opposed:

[[Page 25423]]

    (1) the provision denying royalty-free use of gas downstream from 
the facility measurement point (FMP),
    (2) the proposal to require royalties on gas contract settlement 
monies received by payors using index-based valuation,
    (3) the concept of looking to an affiliate's resale under the 
benchmarks, and
    (4) the exclusion of coalbed methane for consideration as a 
separate zone (as defined in the November 6, 1995, Federal Register 
Notice) under index-based valuation.

Majors (9 Commenters)

    The majors held the same views as the independents on many issues:

--Allowance forms,
--Dual accounting,
--Wellhead valuation option,
--Takes for 100 percent Federal agreements with exceptions,
--The mixed agreement benchmarks,
--Royalty-free use of gas downstream of the FMP,
--Royalties on gas contract settlement monies,
--Late publication of the final safety net median value,
--Looking to an affiliate's resale price, and
--Coalbed methane.

    However, the majors diverged from independents regarding 
entitlements reporting for mixed agreements and index-based valuation. 
In keeping with the consensus of the Committee, the majors advocated 
entitlements for mixed agreements and index-based valuation as an 
alternative to gross proceeds.
    One major requested that the rule be more explicit that MMS is 
accepting a ``range'' of values for royalty purposes and that the 
highest one isn't necessarily what determines value. They also wanted 
assurance that gross proceeds values would not be subject to additional 
royalties by comparison to indices. They opposed any additional 
royalties if MMS delays publishing the final safety net median value.

Trade Associations (6 Commenters)

    The various trade associations represented primarily majors, 
independents, or both groups. Therefore, their comments were mixed on 
several issues. Only two trade associations, representing independents, 
provided negative views towards index-based valuation. Understandably, 
their comments were very similar to the independents' comments.
    In general, the trade associations held the same views as the other 
industry groups regarding:

--Allowance forms,
--Dual accounting,
--Wellhead valuation option,
--Takes for 100 percent Federal agreements with exceptions,
--Mixed agreement benchmarks,
--Royalty-free use of gas downstream of the FMP,
--Royalties on gas contract settlement monies,
--Late publication of the final safety net median value,
--Looking to an affiliate's resale price, and
--Coalbed methane.

    They also recommended:
    (1) allowing all compression after the separator as a cost of 
transportation,
    (2) retaining the term ``location differential'' as adopted by the 
Committee (in the March 1995 Final Report of the Committee) in 
situations where the lessee's gas does not flow to the Index Pricing 
Point (as defined in the November 6, 1995, Federal Register Notice) 
used for valuation, and
    (3) allowing full depreciation on all newly purchased 
transportation or processing facilities, regardless whether previously 
depreciated under an MMS schedule.
    Most all independent, major, and trade association commenters 
agreed that all reporting issues should be left to the Royalty Policy 
Committee's Subcommittee on Royalty Reporting and Production 
Accounting.

States (3 Commenters)

    The States' basically objected to the option to allow index-based 
valuation. A few could live with it if the safety net median value 
procedure remained intact. However, they objected to the limits imposed 
on additional royalties and the abundance of options for valuation. 
Therefore, they insisted on retaining an election period minimum of 2 
years for all options to prevent manipulation of royalty valuation. 
They also pointed out perceived inequities between lessees paying on 
gross proceeds and those paying on an index price:
    (1) The election procedure discriminates against dedicated (as 
defined in the November 6, 1995, Federal Register Notice) contract 
holders who have no options but to pay on gross proceeds.
    (2) Lessees paying on gross proceeds are treated inequitably if 
lessees paying on an index price are allowed to pay on less than market 
value.
    (3) Lessees paying on gross proceeds have less transportation 
allowance options.
    (4) Lessees paying on an index price are excused from the 
``marketable condition'' requirement applicable to gross proceeds.
    The States also believed there should be no limit on additional 
royalties under the safety net median value procedure because:
    (1) the median value calculation protects the lessee from high-
priced contracts,
    (2) the limits were only agreed to prior to developing the 
abundance of options, and
    (3) lessees should pay on the full market value of production, not 
a percentage.
    The States were concerned that index prices or residue gas prices 
applied to the wellhead would cost them revenues because of the forgone 
loss of the value of liquids extracted from the gas.
    Further, the States believed that there should be no interest 
holiday for the period prior to the initial safety net median value 
calculation (that is, interest should accrue from the date of 
production). They stressed that accurate reporting is critical to the 
safety net median value procedure. They were concerned that the new 
gathering definition would lead to a loss in royalty revenue, and 
suggested using the FMP as the dividing line between gathering and 
transportation. The States supported or recommended:
    (1) entitlements for mixed agreements, with no exception to pay on 
takes for small producers. One State opposed waiving interest for 
lessees paying on takes for the period prior to the deadline to pay on 
entitlements.
    (2) royalties due on gas contract settlement monies,
    (3) new benchmarks providing for great latitude in establishing 
value, including looking to an affiliate's resale price and prices 
reported to public utility commissions or the Federal Energy Regulatory 
Commission,
    (4) excluding quality as a factor in determining zones (such as for 
coalbed methane), and
    (5) developing zones only within or close to areas with valid index 
prices.

III. Options for Proceeding

    Because the comments on the proposed rule were substantial, 
particularly from independents and the States, we are considering five 
options for proceeding with a final rulemaking on the valuation of gas 
from Federal leases. We request comments from all interested parties on 
each of the following five options.

Option 1

--Publish a final rule implementing the consensus of the Committee with 
minor modifications reflecting the comments received from the public.

[[Page 25424]]

    1. Write the final rule in plain English.
    2. Adopt the minor procedural and technical improvements suggested 
in the public comments that would not modify the consensus of the 
Committee.
    3. Delete the second sentence in proposed 30 CFR 202.450(b), 
denying royalty-free use of gas downstream of the FMP.
    4. Include a provision for takes-based reporting for 100 percent 
Federal agreements and stand alone leases.

Issues for Which MMS Specifically Requested Comments in the Proposed 
Rule

    5. If the final safety net median value is not published within 2 
years following the end of the applicable calendar year, then we would 
not require the lessee paying on an index-based method to pay interest 
from the end of the 2 years until we publish the final safety net 
median value. If we have still not published the final safety net 
median value within 2 years and 6 months after the end of the calendar 
year, then the initial safety net median value becomes the final safety 
net median value.
    6. We would require index-based payors to pay royalty on contract 
settlement proceeds received from settlement entered into after the 
effective date of the rule.
    7. For overtaken volumes in a mixed agreement by a small producer 
who paid on takes, we would process the credit through a recoupment 
based on the weighted average value of the previous year's sales.
    8. We would issue separate guidance on the reporting of gas 
valuation methods consistent with the recommendations of the Royalty 
Policy Committee's Subcommittee on Royalty Reporting and Production 
Accounting.
    9. We would publish a separate rulemaking on benchmark valuation 
taking into consideration the comments received under the November 6, 
1995, proposed rule.

Option 2

--Retain the Committee's index-based method but replace the MMS-
calculated safety net median value with a safety net value based on 
company specific data.

    For example, at the end of the applicable calendar year we would 
require an index-based payor to compare the weighted average of its 
index-based values for its production in the zone to its own weighted 
average pool price (net of transportation) for all of its arm's-length 
sales of production from the zone. This would include all arm's-length 
sales in the pool including sales by an affiliate. If the weighted 
average index-based value is within plus or minus a certain percent of 
the weighted average pool price, then there is no additional royalty or 
no refund. However, if the weighted average index-based value for the 
zone for the year is a certain percent (or more) greater than the 
weighted average pool price net at the lease, we would issue a refund 
to the index-based payor. Likewise, if the weighted average index-based 
value for the year is a certain percent (or more) less than the 
weighted average pool price, then the index-based payor would owe 
additional royalty. This provision would be self-implementing and 
subject to audit.

Option 3

--Retain the basic philosophy of the Committee's index-based method but 
propose changes to simplify the rule as follows:

    1. Index-based valuation must be applied to the wellhead MMBtu. No 
option to value residue gas based on an index price and no option for 
gross proceeds payors to apply a gross-proceeds based residue value to 
the wellhead MMBtu.
    2. Retain the safety net median value procedure, but eliminate the 
additional royalty limitations.
    3. Determine the Index Pricing Point using the weighted average 
method. No option to use the fixed-index method (both of these methods 
are described in the November 6, 1995, Federal Register Notice).
    4. The safety net median value would be based on the weighted 
average of all arm's-length gross proceeds in the zone.
    5. For all arm's-length transportation and all jurisdictional (as 
defined in the November 6, 1995, Federal Register Notice) 
transportation, the transportation allowance would equal the weighted 
average of all of the actual rates paid to each of the applicable Index 
Pricing Points through which the lessee's gas flowed. For non-arm's-
length, non-jurisdictional transportation, lessees would use third 
party arm's-length transportation contracts as recommended by the 
Committee.
    6. In order to provide more certainty and consistency, modify the 
``bright line'' (distinction) between transportation and gathering to 
be at the FMP consistent with the ``bright line'' test for the 
allowability of compression. We would approve exceptions on a case-by-
case basis. Add a provision to prevent manipulation in location of 
compressors.

Option 4

--Retain the Committee's index-based method but propose changes to 
simplify the rule as follows:

    1. Eliminate the MMS-calculated safety net median value and instead 
use the self-implementing company-based safety net value described in 
option 2 above.
    2. The index-based value must be applied to the wellhead MMBtu. No 
option to value residue gas based on an index price. Gross proceeds 
payors would have the option to apply a gross-proceeds based residue 
value to the wellhead MMBtu with a self-implementing safety net value 
procedure that compares the gross proceeds of their processed gas and 
NGL's with the gross proceeds residue gas price applied to the wellhead 
MMBtu. Provisions for refund/payment would be the same as under option 
2 above.
    3. Determine the Index Pricing Point using the closest index 
pricing point to which the gas physically flows using any valid 
publication (as described in the November 6, 1995, Federal Register 
Notice).
    4. For all arm's-length transportation and all jurisdictional 
transportation, the transportation allowance would equal the actual 
rate paid to the closest index pricing point. For non-arm's-length, 
non-jurisdictional transportation, use third-party arm's-length 
transportation contracts as recommended by the Committee.
    5. In order to provide more certainty and consistency, modify the 
``bright line'' (distinction) between transportation and gathering to 
be at the FMP consistent with the ``bright line'' test for the 
allowableness of compression. Exceptions may be approved by us on a 
case-by-case basis. Add a provision to prevent manipulation in location 
of compressors.

Option 5

--Do not implement the alternative valuation options recommended by the 
Committee and instead:

    1. Maintain the current gross proceeds-based valuation regulations 
with modifications to simplify the current benchmark system for non-
arm's-length sales at 30 CFR 206.152(c) and 206.153(c) (1995) as 
follows: First Benchmark: Weighted average of comparable arm's-length 
contracts in the field or area between third parties and the lessee or 
its affiliate. Comparable arm's-length contracts are those whose 
volumes are within plus or minus 20 percent of the volumes sold

[[Page 25425]]

under the non-arm's-length contract on a monthly basis. MMS requests 
comments on whether the volume transferred under a non-arm's-length 
arrangement should be evaluated on the basis of all gas under the 
contract or by the size of each individual delivery package. Second 
Benchmark: First bona-fide arm's-length sale by the affiliate, except 
to retail customers. Third Benchmark: Other relevant matters.
    2. Adopt the Committee's recommendation for entitlements-based 
reporting for mixed agreements, but with no exception for small 
producers. Under limited circumstances, allow MMS-approved exceptions 
to entitlements-based reporting if all lessees agree.
    3. Adopt industry's comments to include in this rule the explicit 
provision for takes-based reporting for 100 percent Federal agreements 
and stand alone leases.
    4. In response to the State's comments and in order to provide more 
certainty and consistency, modify the ``bright line'' (distinction) 
between transportation and gathering to be at the FMP, consistent with 
the ``bright line'' test for the allowability of compression. We may 
approve exceptions on a case-by-case basis. Add a provision to prevent 
manipulation in the location of compressors.
IV. Request for Public Comments
    It is our intent to publish regulations that are: (1) Clear and 
understandable (2) responsive to the changing needs of royalty payors, 
(3) equitable to all affected parties, and (3) practical for us to 
administer. Such regulations should reduce administrative costs to both 
payors and MMS, while not generating a significant loss of royalty 
revenues. Based on the comments received, we are concerned that the 
proposed rule may not satisfy these goals. Therefore, we request input 
on how to improve the gas valuation regulations so that all affected 
parties benefit.
    We specifically request comments on the five options outlined above 
for finalizing the proposed regulations in light of the public comments 
we received. We recognize that, for each affected party, each option 
holds benefits in certain areas while containing drawbacks in other 
areas. We emphasize that the five listed options are not exhaustive but 
merely suggestions for an improved, simplified, and streamlined 
valuation process. We welcome any new options or any modifications to 
the proposed options for consideration.
    We are not requesting comments on the summary of comments outlined 
in this notice, only on the five options described above or other 
options suggested for valuing gas from Federal leases.
    The policy of the Department is, whenever practicable, to give the 
public an opportunity to participate in the rulemaking process. 
Accordingly, you should submit written comments, suggestions, or 
objections regarding this notice to the location identified in the 
ADDRESSES section of this notice. You should submit comments on or 
before the date identified in the DATES section of this notice.
    Dated: May 15, 1996.
Michael A. Miller,
Acting Associate Director for Royalty Management.
[FR Doc. 96-12723 Filed 5-20-96; 8:45 am]
BILLING CODE 4310-MR-P

Complete official Federal Register PDF

FR Doc. 96-12717 Proposed Flood Elevation Determinations

[Federal Register Volume 61, Number 99 (Tuesday, May 21, 1996)]
[Proposed Rules]
[Pages 25435-25440]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-12717]

-----------------------------------------------------------------------

FEDERAL EMERGENCY MANAGEMENT AGENCY
44 CFR Part 67

[Docket No. FEMA-7181]

Proposed Flood Elevation Determinations

AGENCY: Federal Emergency Management Agency (FEMA).

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: Technical information or comments are requested on the
proposed base (1% annual chance) flood elevations and proposed base
flood elevation modifications for the communities listed below. The
base flood elevations and modified base flood elevations are the basis
for the floodplain management measures that the community is required
either to adopt or to show evidence of being already in effect in order
to qualify or remain qualified for participation in the National Flood
Insurance Program (NFIP).

DATES: The comment period is ninety (90) days following the second
publication of this proposed rule in a newspaper of local circulation
in each community.

ADDRESSES: The proposed base flood elevations for each community are
available for inspection at the office of the Chief Executive Officer
of each community. The respective addresses are listed in the table
below.

FOR FURTHER INFORMATION CONTACT: Michael K. Buckley, P.E., Chief,
Hazard Identification Branch, Mitigation Directorate, 500 C Street, SW,
Washington, DC 20472, (202) 646-2756.

SUPPLEMENTARY INFORMATION: The Federal Emergency Management Agency
proposes to make determinations of base flood elevations and modified
base flood elevations for each community listed below, in accordance
with Section 110 of the Flood Disaster Protection Act of 1973, 42
U.S.C. 4104, and 44 CFR 67.4(a).
These proposed base flood elevations and modified base flood
elevations, together with the floodplain management criteria required
by 44 CFR 60.3, are the minimum that are required. They should not be
construed to mean that the community must change any existing
ordinances that are more stringent in their floodplain management
requirements. The community may at any time enact stricter requirements
of its own, or pursuant to policies established by other Federal,
State, or regional entities. These proposed elevations are used to meet
the floodplain management requirements of the NFIP and are also used to
calculate the appropriate flood insurance premium rates for new
buildings built after these elevations are made final, and for the
contents in these buildings.

National Environmental Policy Act

This proposed rule is categorically excluded from the requirements
of 44 CFR Part 10, Environmental Consideration. No environmental impact
assessment has been prepared.

Regulatory Flexibility Act

The Acting Associate Director for Mitigation certifies that this
proposed rule is exempt from the requirements of the Regulatory
Flexibility Act because proposed or modified base flood elevations are
required by the Flood Disaster Protection Act of 1973, 42 U.S.C. 4104,
and are required to establish and maintain community eligibility in the
NFIP. No regulatory flexibility analysis has been prepared.

Regulatory Classification

This proposed rule is not a significant regulatory action under the
criteria of Section 3(f) of Executive Order 12866 of September 30,
1993, Regulatory Planning and Review, 58 FR 51735.

Executive Order 12612, Federalism

This proposed rule involves no policies that have federalism
implications under Executive Order 12612, Federalism, dated October 26,
1987.

Executive Order 12778, Civil Justice Reform

This proposed rule meets the applicable standards of Section
2(b)(2) of Executive Order 12778.

List of Subjects in 44 CFR Part 67

Administrative practice and procedure, Flood insurance, Reporting
and recordkeeping requirements.

Accordingly, 44 CFR Part 67 is proposed to be amended as follows:

PART 67--[AMENDED]

1. The authority citation for Part 67 continues to read as follows:

Authority: 42 U.S.C. 4001 et seq.; Reorganization Plan No. 3 of
1978, 3 CFR, 1978 Comp., p. 329; E.O. 12127, 44 FR 19367, 3 CFR,
1979 Comp., p. 376.
2. The tables published under the authority of Sec. 67.4 are
proposed to be amended as follows:

------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
#Depth in feet above
ground. *Elevation in
State City/town/county Source of flooding Location feet. (NGVD)
-------------------------
Existing Modified
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

Arizona.............................. Pima County Santa Cruz River......................... Just upstream of Pima Mine Road........................... *2,663 *2,668
4,650 feet upstream of Pima Mine Road..................... *2,671 *2,673

3,850 feet downstream of Sahura Rita Road................. *2,698 *2,698

Just upstream of Sahura Rita Road......................... *2,709 *2,711

1,870 feet upstream of Sahura Rita Road................... *2,716 *2,716

3,350 feet downstream of U.S. Highway 89.................. *2,736 *2,741

Just upstream of U.S. Highway 89.......................... *2,751 *2,751

1,770 feet upstream of U.S. Highway 89.................... *2,755 *2,758

11,270 feet upstream of U.S. Highway 89................... *2,791 *2,790

5,010 feet downstream of Continental Road................. *2,830 *2,829

[[Page 25436]]

370 feet upstream of Continental Road..................... *2,854 *2,850
7,340 feet upstream of Continental Road................... *2,868 *2,869
12,410 feet upstream of Continental Road.................. *2,886 *2,888
21,540 feet upstream of Continental Road.................. *2,917 *2,924
19,800 feet downstream of Pima County-Santa Cruz.......... *2,961 *2,960
7,128 feet downstream of Pima County-Santa Cruz County *3,005 *3,004
corporate limits.
500 feet downstream of Pima County-Santa Cruz County *3,027 *3,029
corporate limits.
Just downstream of Pima County-Santa Cruz County corprate *3,028 *3,030
limits.

Maps are available for inspection at Pima County Department of Transportation and Flood Control District, Public Works, Building, 201 North Stone Avenue, Tucson, Arizona.

Send comments to the Honorable Paul Marsh, Chairman, Pima County Board of Supervisors, 130 West Congress Street, Tucson, Arizona 85701.

Maps are available for inspection at the City of Hesperia, 15776 Main Street, Hesperia, California

Send comments to Mr. David A. Berger, City Manager, City of Hesperia, City Hall, 15776 Main Street, Hesperia, California 92345

------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
California........................... Vacaville (City) Solano Ulatis Creek............................. At Leisure Town Road...................................... *81 +85
County.
Approximately 100 feet upstream of Ulatis Drive........... *111 +114
Approximately 2,250 feet upstream of Allison Drive........ *129 +133
Just downstream of East Monte Vista Drive................. *170 +172
Just downstream of Fruitvale Road......................... *194 +195
At Farrell Road........................................... *232 +233
Laguna Creek............................. At confluence with Alamo Creek............................ *181 +183
Approximately 100 feet upstream of Highway 80............. *198 +205
Alamo Creek.............................. Approximately 2,000 feet downstream of Alamo Drive (main *96 +100
channel).
Approximately 2,000 feet downstream of Alamo Drive (west N/A +103
overbank).
Approximately 1,600 feet downstream of Nut Tree Road...... *105 +108
Just upstream of Tulare Drive............................. *120 +125
Just downstream of Crystal Lane........................... *174 +176
At confluence with Encinosa Creek......................... *208 +213
Approximately 5,300 feet upstream of the confluence of *233 +234
Encinosa Creek.
Encinosa Creek........................... At confluence with Alamo Creek............................ *208 +213
Approximately 3,100 feet upstream of Alamo Drive.......... *233 +233
Bucktown Creek........................... Approximately 400 feet downstream of Farrell Road......... *224 +227
Just downstream of Farrell Road........................... *228 +229

[[Page 25437]]

*Elevation in feet (NGVD of 1929) (To convert to NAVD, and 2.59 feet to NGVD elevation).

+Elevation in feet (NAVD of 1988).

Maps are available for inspection at the City of Vacaville, City Hall, Department of Community Development, 650 Merchant Street, Vacaville, California.

Send comments to The Honorable David Fleming, Mayor, City of Vacaville, 650 Merchant Street, Vacaville, California 95688.

Maps are available for inspection at the City of Aledo, Aledo City Hall, 200 Old Annetta Road, Aledo, Texas.

Send comments to The Honorable Robert A. Lewis, P.O. Drawer R, Aledo, Texas 76008.

Maps are available for inspection at the Town of Annetta, City Office, 405-407 Highway 1187 North, Aledo, Texas.

Send comments to The Honorable Bruce Moore, Mayor, Town of Annetta, P.O. Box 91, Aledo, Texas 76008.

Maps are available for inspection at the home of the Town Secretary, Town of Annetta North, 457 Qual Ridge Drive, Aledo, Texas.

Send comments to The Honorable Kenneth Hensley, Mayor, Town of Annetta North, P.O. Box 262, Aledo, Texas 76008.

Maps are available for inspection at the home of The Honorable Douglas Koldin, Mayor, Town of Annetta South, 403 Koldin Drive, Aledo, Texas.

Send comments to The Honorable Douglas Koldin, Mayor, Town of Annetta South, P.O. Box 61, Aledo, Texas 76008.

------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Texas................................ Hays County............. San Marcos River......................... At the border of Hays County and Guadalupe County......... *552 *551
At confluence of Sink Creek............................... *577 *577
Plum Creek............................... At the border of Township of Uhland and Caldwell County... *542 *538
8,500 feet upstream of Interstate Highway 35 Bridge....... *730 *732
Stream Plum-1............................ At confluence with Plum Creek............................. *632 *631
Just above Sledge Street bridge........................... None *729
Brushy Creek............................. Just above State Highway 21............................... *544 *542
1,150 feet upstream of Satterwhite Road bridge............ *653 *654
Stream Brushy-1.......................... At confluence with Brushy Creek........................... *557 *556
650 feet upstream of County Road 131 Bridge............... *645 *643
Stream Brushy-1A......................... At confluence with Stream Brushy-1........................ *597 *596
Behind dam located 1,200 feet from County Road 157 Bridge. *631 *631
Cottonwood Creek......................... At Old Bastrop Highway bridge............................. *593 *592
200 feet upstream of Center Point Road.................... None *669
Stream CC-1.............................. At confluence with Cottonwood Creek....................... *603 *601
Just west of Interstate Highway 35........................ None *642
Stream CC-2.............................. At confluence with Cottonwood Creek....................... *643 *639

[[Page 25438]]

1,870 feet upstream of Hunter Road Bridge................. *711 *711
Stream CC-2D............................. At confluence with Cottonwood Creek....................... *637 *634
Just upstream of Interstate Highway 35.................... *654 *656
Stream CC-IH35........................... At confluence with Stream CC-1............................ None *643
At the divergence from Cottonwood Creek................... *654 *656
Blanco River............................. At confluence with San Marcos River....................... *572 *571
3,300 feet upstream of confluence of Wanslow Creek........ *1,029 *1,021
Bypass Creek............................. 2,500 feet south of Missouri, Kansas, Texas Railroad None *563
bridge.
1,050 feet upstream of Harris Hill Road Bridge............ *606 *603
Stream BPC-1............................. At confluence with Stream BPC-2........................... *579 *573
At divergence from Blanco River........................... *590 *593
Stream BPC-2............................. At confluence with Bypass Creek........................... *581 *573
At the divergence from Blanco River....................... *597 *599
Loneman Creek............................ At confluence with Blanco River........................... *767 *760
Just above Deer Lake Road bridge.......................... *917 *913
200 feet downstream of County Road 317.................... *1,044 *1,042
Smith Creek.............................. At confluence with Loneman Creek.......................... *877 *872
Above earthen dam 4,700 feet upstream from Deer Lake Road *1,015 *1,015
Bridge.
Cypress Creek............................ At confluence with Blanco River........................... *841 *839
1,250 feet above confluence of Stream CC-3................ *1,004 *1,001
Stream Cypress-1......................... At confluence with Cypress Creek.......................... *972 *967
3,900 feet upstream of Valley Spring Road................. *1,035 *1,033
Wilson Creek............................. At confluence with Blanco River........................... *848 *843
100 feet downstream of dirt road that intersects FM 2325.. *1,006 *1,005
Willow Springs Creek..................... At confluence with San Marcos River....................... *574 *571
2,400 feet upstream of McCarty Lane....................... *716 *715
Stream WSC-RR............................ At confluence with Purgatory Creek........................ *586 *582
At the diversion from Willow Springs Creek................ *591 *592
Stream WSC-1............................. At confluence with Willow Springs Creek................... *671 *672
600 feet upstream of McCarty Lane......................... *707 *707
Purgatory Creek.......................... At confluence with San Marcos River....................... *574 *571
Approximately 20,000 feet upsteam of SCS Dam #4........... *910 *910
Stream PC-1.............................. At confluence with Purgatory Creek........................ *656 653
6,300 feet upstream of McCarty Lane bridge................ *793 *792
Sink Creek............................... At confluence with San Marcos River....................... *579 *577
At County Road 213 crossing............................... *802 *801
Onion Creek.............................. At the border of Travis County and Hays County............ *649 *644
Approximately 2,5 miles upstream of County Road 190 bridge *1,145 *1,141
Bear Creek............................... At the border of Hays County and Travis County............ *805 *805
At dam located 2,000 feet upstream of Wildwood Hills Lane. *983 *986
Little Bear Creek........................ At the border of Hays County and Travis County............ *675 *672
2,500 feet upstream of Arbor Trail........................ *814 *815
Stream LB-1.............................. At confluence with Little Bear Creek...................... *743 *741
2,500 feet upstream of Chaparral Road..................... *791 *790
Stream Bear-1............................ At confluence with Bear Creek............................. *848 *848
At the border of Hays County and Travis County............ *923 *922
Stream Bear-1A........................... At confluence with Stream Bear-1.......................... *851 *851
2,000 feet upstream of Todd Road bridge................... *1,036 *1,037
Stream Bear-2............................ At confluence with Bear Creek............................. *850 *848
4,650 feet upstream of confluence with Bear Creek......... *920 *921

[[Page 25439]]

Barton Creek............................. At the border of Hays County and Travis County............ *951 *942
At County Road 169........................................ None *1,133
Long Branch.............................. At the border of Hays County and Travis County............ *1,036 *1,035
Above dam located 3,000 feet upstream of Carriage House *1,160 *1,160
Lane.
Stream BC-1.............................. At confluence with Barton Creek........................... *955 *948
3,300 feet upstream of confluence of Stream BC-1A......... *1,151 *1,151
Stream BC-1A............................. At confluence with Stream BC-1............................ *1,085 *1,085
1,870 feet upstream of confluence with Stream BC-1........ *1,124 *1,124
Roy Branch............................... At confluence with Barton Creek........................... *962 *957
2,100 feet upstream of Oakwood Lane Bridge................ *1,105 *1,103
Cottonwood Branch........................ At confluence with Ray Branch............................. *993 *991
1,000 feet upstream of Hidden Hills Drive bridge.......... *1,096 *1,096
Little Barton Creek...................... At confluence with Barton Creek........................... *996 *989
2,500 feet upstream of Spring Lake Drive bridge........... *1,246 *1,245
Stream BC-2.............................. At confluence with Barton Creek........................... *1,100 *1,096
750 feet upstream of County Road 169...................... *1,227 *1,227
Stream BC-2A............................. At confluence with Stream BC-2............................ *1,154 *1,153
Approximately 5,500 feet upstream of confluence with *1,236 *1,236
Stream BC-2.
School House Hollow...................... At confluence with Barton Creek........................... None *1,119
Above dam located 2,000 feet upstream of County Road 169 *1,192 *1,192
bridge.
Stream SH-1.............................. At confluence with School House Hollow.................... *1,186 *1,185
Approximately 4,000 feet upstream of confluence with *1,262 *1,261
School House Hollow.
Purgatory Creek Diversion #1............. At confluence with Purgatory Creek........................ *584 *583
At divergence from Purgatory Creek........................ *605 *602
Purgatory Creek Diversion #2............. At confluence with Willow Springs Creek................... *581 *581
At divergence from Purgatory Creek........................ *586 *585

Maps are available for inspection at Hays County Environmental Health Department, 1251 Civic Center Loop, San Marcos, Texas.

Send comments to The Honorable Eddie Etheredge, Judge, Hays County Courthouse, 102 North L.B.J. Drive, San Marcos, Texas 78666.

Maps are available for inspection at the City of Kyle, Department of Public Works, City Hall, 101 South Burleson, Kyle, Texas.

Send comments to The Honorable Marle D. Wilkins, Mayor, City of Kyle, P.O. Box 40, Kyle, Texas 78640.

Maps are available for inspection at the City of San Marcos, Engineering Department, San Marcos City Hall, 630 East Hopkins Street, San Marcos, Texas.

Send comments to The Honorable Kathy Morris, Mayor, City of San Marcos, 630 East Hopkins Street, San Marcos, Texas 78666.

Maps are available for inspection at the City of Woodcreek, 17 Wildwood, Wimberley, Texas 78676.

Send comments to The Honorable Jeannie Pool, Mayor, City of Woodcreek, P.O. Box 1570, Woodcreek, Texas 78676.

Maps are available for inspection at the City of Buda, City Hall, 121 North Main Street, Buda, Texas.

Send comments to The Honorable W.G. White, Mayor, City of Buda, P.O. Box 1218, Buda, Texas 78610.

Maps are available for inspection at the City of Hays, c/o Mayor of Hays, 12633 Red Bud Trail, Buda, Texas.

Send comments to The Honorable William Couch, Mayor, City of Hays, 12633 Red Bud Trail, Buda, Texas 78610.

Maps are available for inspection at the City of Niederwald, Go Forth Water Supply, 13841 Comino Real, Neiderwald, Texas.

Send comments to The Honorable Fern Howze, Mayor, City of Neiderwald, 13851 Comino Real, Neiderwald, Texas 78640.

Maps are available for inspection at the Township of Uhland, 17 Cotton Gin Road, Uhland, Texas.

Send comments to The Honorable Dan Sorrells, Mayor, Township of Uhland, 17 Cotton Gin Road, Uhland, Texas 78640.

------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

Texas................................ Newton County Sabine River............................. At the border of Orange County and Newton County.......... None *17
(Unincorporated Areas).
At the State Highway 12 bridge............................ None *24
At the U.S. Highway 190 bridge............................ None *72
At the State Highway 63 bridge............................ None *107

[[Page 25440]]

At the border of Newton County and Sabine Parish.......... None *117

Maps are available for inspection at the Newton County Courthouse, Highway 190 West, Newton, Texas.

Send comments to The Honorable Lon Sharver, Newton County Judge, P.O. Box J, Newton, Texas 75966.

------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

Texas................................ Parker County Clear Fork Trinity River................. At Tarrant County-Parker County Line...................... None *734
(Unincorporated Areas).
Just downstream of Armageddon Ranch Road.................. None *752
At Underwood Road......................................... None *808
Approximately 150 feet upstream of Crown Road Bridge...... *847 *843
At City of Weatherford corporate limits................... *859 *856
Stream CF (WP)-1......................... Approximately 1,200 feet downstream of East Bankhead Drive None *827
Approximately 120 feet downstream of East Bankhead Drive.. None *835
Just upstream of East Bankhead Drive...................... None *841

Maps are available for inspection at the Floodplain Department, Office of the County Judge, One Courthouse Square, Weatherford, Texas.

Send comments to The Honorable Ben Long, County Judge, Parker County Courthouse, One Courthouse Square, Weatherford, Texas 76086.

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Texas................................ Weatherford (City) Clear Fork Trinity River................. At the corporate limits approximately 1,000 feet *859 *856
Parker County. downstream of West Lake Drive.
Approximately 400 feet upstream of West Lake Road......... None *860

Maps are available for inspection at the Department of Code Enforcement, City of Weatherford, City Hall, 303 Palo Pinto Street, Weatherford, Texas.

Send comments to The Honorable Sherry Watson, Mayor, City of Weatherford, P.O. Box 255, Weatherford, Texas 76086.

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Texas................................ Willow Park (City)...... Clear Fork Trinity River................. At the corporate limits approximately 400 feet downstream *833 *830
of East Bankhead Highway.
Approximately 100 feet upstream of Interstate Highway 20.. *839 *834
At the upstream corporate limits approximately 6,300 feet *845 *843
upstream of Interstate Highway 20 westbound.

Maps are available for inspection at City Hall, City of Willow Park, 101 Stage Coach Trail, Willow Park, Texas.

Send comments to The Honorable William Clemens, Mayor, City of Willow Park, 101 Stage Coach Trail, Willow Park, Texas 76086.
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(Catalog of Federal Domestic Assistance No. 83.100, ``Flood
Insurance.'')

Dated: May 13, 1996.
Richard W. Krimm,
Acting Associate Director for Mitigation.
[FR Doc. 96-12717 Filed 5-20-96; 8:45 am]
BILLING CODE 6718-04-P

Complete official Federal Register PDF

FR Doc. 96-12714 Proposed Flood Elevation Determinations

[Federal Register Volume 61, Number 99 (Tuesday, May 21, 1996)]
[Proposed Rules]
[Pages 25429-25435]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-12714]

=======================================================================
-----------------------------------------------------------------------

FEDERAL EMERGENCY MANAGEMENT AGENCY

44 CFR Part 67

[Docket No. FEMA-7179]

Proposed Flood Elevation Determinations

AGENCY: Federal Emergency Management Agency, FEMA.

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: Technical information or comments are requested on the 
proposed base (1% annual chance) flood elevations and proposed base 
flood elevation modifications for the communities listed below. The 
base flood elevations are the basis for the floodplain management 
measures that the community is required either to adopt or to show 
evidence of being already in effect in order to qualify or remain 
qualified for participation in the National Flood Insurance Program 
(NFIP).

DATES: The comment period is ninety (90) days following the second 
publication of this proposed rule in a newspaper of local circulation 
in each community.

ADDRESSES: The proposed base flood elevations for each community are 
available for inspection at the office of the Chief Executive Officer 
of each community. The respective addresses are listed in the following 
table.

FOR FURTHER INFORMATION CONTACT: Michael K. Buckley, P.E., Chief, 
Hazard Identification Branch, Mitigation Directorate, 500 C Street, 
SW., Washington, DC 20472, (202) 646-2756.

SUPPLEMENTARY INFORMATION: The Federal Emergency Management Agency 
(FEMA or Agency) proposes to make determinations of base flood 
elevations and modified base flood elevations for each community listed 
below, in accordance with section 110 of the Flood Disaster Protection 
Act of 1973, 42 U.S.C. 4104, and 44 CFR 67.4(a).
    These proposed base flood and modified base flood elevations, 
together with the floodplain management criteria required by 44 CFR 
60.3, are the minimum that are required. They should not be construed 
to mean that the community must change any existing ordinances that are 
more stringent in their floodplain management requirements. The 
community may at any time enact stricter requirements of its own, or 
pursuant to policies established by other Federal, state or regional 
entities. These proposed elevations are used to meet the floodplain 
management requirements of the NFIP and are also used to calculate the 
appropriate flood insurance premium rates for new buildings built after 
these elevations are made final, and for the contents in these 
buildings.

National Environmental Policy Act

    This proposed rule is categorically excluded from the requirements 
of 44 CFR Part 10, Environmental Consideration. No environmental impact 
assessment has been prepared.

Regulatory Flexibility Act

    The Acting Associate Director, Mitigation Directorate, certifies 
that this proposed rule is exempt from the requirements of the 
Regulatory Flexibility Act because proposed or modified base flood 
elevations are required by the Flood Disaster Protection Act of 1973, 
42 U.S.C. 4104, and are required to establish and maintain community 
eligibility in the National Flood Insurance Program. As a result, a 
regulatory flexibility analysis has not been prepared.

Regulatory Classification

    This proposed rule is not a significant regulatory action under the 
criteria of section 3(f) of Executive Order 12866 of September 30, 
1993, Regulatory Planning and Review, 58 FR 51735.

Executive Order 12612, Federalism

    This proposed rule involves no policies that have federalism 
implications under Executive Order 12612, Federalism, dated October 26, 
1987.

Executive Order 12778, Civil Justice Reform

    This proposed rule meets the applicable standards of section 
2(b)(2) of Executive Order 12778.

List of Subjects in 44 CFR Part 67

    Administrative practice and procedure, Flood insurance, Reporting 
and recordkeeping requirements.
    Accordingly, 44 CFR part 67 is proposed to be amended as follows:

PART 67--[AMENDED]

    1. The authority citation for part 67 continues to read as follows:

    Authority: 42 U.S.C. 4001 et seq.; Reorganization Plan No. 3 of 
1978, 3 CFR, 1978 Comp., p. 329; E.O. 12127, 44 FR 19367, 3 CFR, 
1979 Comp., p. 376.

Sec. 67.4  [Amended]

    2. The tables published under the authority of Sec. 67.4 are 
proposed to be amended as follows:

------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                                                                          #Depth in feet above  
                                                                                                                                                                          ground. *Elevation in 
                State                      City/town/county                  Source of flooding                                      Location                                  feet (NGVD)      
                                                                                                                                                                       -------------------------
                                                                                                                                                                          Existing     Modified 
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Connecticut..........................  Granby (Town), Hartford   Dismal Brook.............................  Upstream side of East Street..............................         None        * 279
                                        County.                                                                                                                                                 
                                                                 .........................................  At the Massachusetts State boundary.......................         None        * 370
                                                                 East Branch Salmon Brook.................  Approximately 1,830 feet downstream of Silver Street Dam..         None        * 284
                                                                                                            At State boundary.........................................         None        * 533
                                                                 Creamery Brook...........................  Approximately 2,000 feet upstream of the confluence with           None        * 219
                                                                                                             East Branch Salmon Brook.                                                          
                                                                                                            Approximately 875 feet upstream of Creamery Hill Road.....         None        * 252
                                                                 Hungary Brook............................  At upstream side of Notch Road............................         None        * 202
                                                                                                            Approximately 0.87 mile upstream of Quarry Road...........         None        * 230
                                                                 Bradley Brook............................  At upstream side of Meadowbrook Road......................         None        * 216

[[Page 25430]]

                                                                                                                                                                                                
                                                                                                            Approximately 760 feet upstream of East Street............         None        * 278
                                                                 West Branch Bradley Brook................  Approximately 1,125 feet downstream of Twilight Drive.....         None        * 226
                                                                                                            Approximately 1,685 feet upstream of Stardust Drive.......         None        * 255
                                                                 East Branch Bradley Brook................  At the confluence with Bradley Brook......................         None        * 217
                                                                                                            Approximately 150 feet upstream of East Street............         None        * 259
                                                                 East Fork of East Branch Bradley Brook...  At confluence with East Branch Bradley Brook..............         None        * 243
                                                                                                            Approximately 170 feet upstream of East Street............         None        * 259
                                                                                                                                                                                                
  Maps available for inspection at the Granby Town Hall, 15 North Granby Road, Granby, Connecticut.                                                                                             
                                                                                                                                                                                                
  Send comments to Mr. William F. Smith, Jr., Granby Town Manager, Granby Town Hall, 15 North Granby Road, Granby, Connecticut 06035.                                                           
                                                                                                                                                                                                
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Michigan.............................  Fork (Township) Mecosta   Chippewa River...........................  Approximately 2.1 miles downstream from 19 Mile Road......         None         *941
                                        County.                                                                                                                                                 
                                                                                                            Approximately 100 feet upstream of 10th Avenue............         None         *956
                                                                                                                                                                                                
   Maps available for inspection at the Fork Township Hall, 147 Northern Avenue, Barryton, Michigan.                                                                                            
                                                                                                                                                                                                
  Send comments to Mr. Louis McNelley, Supervisor of Fork Township, 5186 Hoover Road, Barryton, Michigan 49305.                                                                                 
                                                                                                                                                                                                
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New York.............................  Atlantic Beach (Village)  Atlantic Ocean...........................  At intersection of Bay Boulevard and Bermuda Street.......         None          *10
                                       Nassau County...........                                             Approximately 550 feet south of intersection of Ocean               *14          *15
                                                                                                             Boulevard and Wayne Avenue.                                                        
                                                                 Reynolds Channel.........................  Approximately 500 feet north of Bay Boulevard and Albany             *7           *8
                                                                                                             Boulevard.                                                                         
                                                                                                                                                                                                
   Maps available for inspection at the Village Hall, 65 The Plaza, Atlantic Beach, New York.                                                                                                   
                                                                                                                                                                                                
  Send comments to The Honorable Earliene Shipper, Mayor of the Village of Atlantic Beach, 65 The Plaza, Atlantic Beach, New York 11509.                                                        
                                                                                                                                                                                                
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New York.............................  Bayville (Village)        Mill Neck Creek/Oyster Bay Harbor........  Approximately 600 feet Northeast of Bayville Bridge enters          *13          *15
                                        Nassau County.                                                       community.                                                                         
                                                                                                                                                                                                
  Maps available for inspection at the Village Hall, 34 School Street, Bayville, New York.                                                                                                      
                                                                                                                                                                                                
  Send comments to The Honorable Victoria Siegel, Mayor of the Village of Bayville, Village Hall, 34 School Street, Bayville, New York 11709.                                                   
                                                                                                                                                                                                
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
New York.............................  Cedarhurst (Village)      Head of Bay/Motts Creek..................  Intersection of Oxford Road and Arlington Place...........         None           *8
                                        Nassau County.                                                                                                                                          
                                                                                                                                                                                                
   Maps available for inspection at the Village Hall, 200 Cedarhurst, Cedarhurst, New York.                                                                                                     
                                                                                                                                                                                                
  Send comments to The Honorable Andrew J. Parise, Mayor of the Village of Cedarhurst, 200 Cedarhurst, Cedarhurst, New York 11516.                                                              
                                                                                                                                                                                                
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New York.............................  East Rockaway (Village)   Mill River...............................  At intersection of Rhame Avenue and Althouse Avenue.......         None           *7
                                        Nassau County.                                                                                                                                          
                                                                                                            At intersection of Williamson Street and 6th Avenue.......           *8           *7
                                                                                                                                                                                                
  Maps available for inspection at the East Rockaway Village Hall, 376 Atlantic Avenue, East Rockaway, New York.                                                                                
                                                                                                                                                                                                
  Send comments to The Honorable Charles H. Formont, Mayor of the Village of East Rockaway, 376 Atlantic Avenue, East Rockaway, New York 11518-0189.                                            
                                                                                                                                                                                                
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New York.............................  Freeport (Village)        Atlantic Ocean/Baldwin Bay...............  Approximately 200 feet west of intersection of Suffolk               *9           *8
                                        Nassau County.                                                       Street and South Long Beach Avenue.                                                
                                                                 Baldwin Bay..............................  Approximately 150 feet south of intersection of Morris               *7           *8
                                                                                                             Avenue and Meister Boulevard.                                                      
                                                                 Hudson Bay...............................  Approximately 1,750 feet southeast of intersection of                *7           *9
                                                                                                             Anchorage Way and South Grove Avenue.                                              
                                                                                                                                                                                                

[[Page 25431]]

                                                                                                                                                                                                
  Maps available for inspection at the Freeport Village Building Department, 46 North Ocean Avenue, Freeport, New York.                                                                         
                                                                                                                                                                                                
  Send comments to The Honorable Richard Wissler, Mayor of the Village of Freeport, 46 North Ocean Avenue, Freeport, New York 11520.                                                            
                                                                                                                                                                                                
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New York.............................  Great Neck (Village)      Manhasset Bay............................  Approximately 200 feet southeast of the intersection of             *15          *14
                                        Nassau County.                                                       East Shore Road and Vista Hill Road.                                               
                                                                                                                                                                                                
  Maps available for inspection at the Great Neck Village Hall, 61 Baker Hill Road, Great Neck, New York.                                                                                       
                                                                                                                                                                                                
  Send comments to The Honorable Isabel Varlotta, Mayor of the Village of Great Neck, 61 Baker Hill Road, Great Neck, New York 11023.                                                           
                                                                                                                                                                                                
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New York.............................  Great Neck Plaza          Russells Creek...........................  Approximately 1,640 feet downstream of Clent Road.........         None          *63
                                        (Village) Nassau County.                                                                                                                                
                                                                                                            At Clent Road.............................................         None          *74
                                                                                                                                                                                                
  Maps available for inspection at the Village Hall, Building Department, 2 Gussack Plaza, Great Neck, New York.                                                                                
                                                                                                                                                                                                
  Send comments to The Honorable Robert Rosegarden, Mayor of the Village of Great Neck Plaza, 2 Gussack Plaza, Great Neck, New York 11022.                                                      
                                                                                                                                                                                                
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New York.............................  Hempstead (Town) Nassau   Head of Bay..............................  Approximately 250 feet west of intersection of West Avenue           *9           *8
                                        County.                                                              and Baker Avenue.                                                                  
                                                                 Hewlett Bay/Macy Channel.................  Approximately 700 feet east of intersection of Elinor Road           *8           *7
                                                                                                             and Cedar Avenue.                                                                  
                                                                 Brosewere Bay............................  Approximately 500 feet south of intersection of Woodmere             *9           *8
                                                                                                             Boulevard and Hickory Road.                                                        
                                                                 Valley Stream............................  Approximately 300 feet west of the intersection of Mill              *8          *10
                                                                                                             Road and Sidney Place.                                                             
                                                                 Hewlett Bay..............................  Approximately 50 feet south of West Boulevard extended....           *8           *9
                                                                 East Rockaway Inlet......................  Approximately 200 feet west of intersection of Bay                  *11          *10
                                                                                                             Boulevard and Granada Street.                                                      
                                                                 Atlantic Ocean...........................  Approximately 500 feet south of Malone Avenue extended....          *14          *15
                                                                 Reynolds Channel.........................  Approximately 1,200 feet north from intersection of Yates            *7           *8
                                                                                                             Avenue and West Beach Street.                                                      
                                                                 Freeport Creek...........................  Approximately 1,000 feet southeast of the end of South               *9           *7
                                                                                                             Main Street.                                                                       
                                                                                                                                                                                                
   Maps available for inspection at the Engineering Department, 350 Front Street, Hempstead, New York.                                                                                          
                                                                                                                                                                                                
  Send comments to Mr. Gregory Peterson, Hempstead Town Supervisor, 1 Washington Avenue, Hempstead, New York 11550-4923.                                                                        
                                                                                                                                                                                                
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New York.............................  Hewlett Bay Park          Hewlett Bay: Macy Channel................  At intersection of Everett Avenue and Seawane Drive.......         None           *7
                                        (Village) Nassau County.                                                                                                                                
                                                                                                            Approximately 650 feet east of intersection of Piermont              *8           *7
                                                                                                             Avenue and Veeder Drive.                                                           
                                                                                                                                                                                                
   Maps available for inspection at the Village Hall, 30 Piermont Avenue, Hewlett, New York.                                                                                                    
                                                                                                                                                                                                
  Send comments to The Honorable Mitchell Sahn, Mayor of the Village of Hewlett Bay Park, 30 Piermont Avenue, Hewlett, New York 11557.                                                          
                                                                                                                                                                                                
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New York.............................  Hewlett Harbor            Hewlett Bay: Thixton Creek...............  Approximately 500 feet southeast of intersection of Harbor           *8           *9
                                        (Villiage) Nassau                                                    Road and Thixton Drive.                                                            
                                        County.                                                                                                                                                 
                                                                 Hewlett Bay: Macy Channel................  Intersection of Everett Avenue and Seawane Drive..........           *8           *7
                                                                                                                                                                                                
  Maps available for inspection at the Hewlett Harbor Village Hall, 449 Pepperidge Road, Hewlett Harbor, Hew York.                                                                              
                                                                                                                                                                                                
  Send comments to The Honorable Gerald H. Morganstern, Mayor of the Villiage of Hewlett Harbor, 449 Pepperidge Road, Hewlett Harbor, New York 11557.                                           
                                                                                                                                                                                                
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New York.............................  Hewlett Neck (Village)    Brosewere Bay: Georges Creek.............  Approximately 600 feet southeast of the intersection of              *8           *7
                                        Nassau County.                                                       Dolphin Drive and Curtis Road.                                                     
                                                                                                            Approximately 50 feet east of Adams Cane cul-de-sac.......           *8           *7

[[Page 25432]]

                                                                                                                                                                                                
                                                                 Hewlett Bay: Georges Creek...............  Approximately 300 feet east of intersection of Hewlett             None           *7
                                                                                                             Neck Road and Dolphin Lane.                                                        
                                                                                                                                                                                                
  Maps available for inspection at the Village Hall, 30 Piermont Avenue, Hewlett, New York.                                                                                                     
                                                                                                                                                                                                
  Send comments to The Honorable Sheldon Shame, Mayor of the Village of Hewlett Neck, 30 Piermont Avenue, Hewlett, New York 11557.                                                              
                                                                                                                                                                                                
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New York.............................  Island Park (Village)     Wreck Lead Channel.......................  Approximately 500 feet southwest of intersection of                  *7           *8
                                        Nassau County.                                                       Railroad Place and Bridge Plaza.                                                   
                                                                 Hog Island Channel.......................  Approximately 475 feet north of intersection of Island               *7           *8
                                                                                                             Parkway and Sherborne Place.                                                       
                                                                                                                                                                                                
  Maps available for inspection at the Village Hall, 127 Long Beach Road, Island Park, New York.                                                                                                
                                                                                                                                                                                                
  Send comments to The Honorable Jacqueline Papatsos, Mayor of the Village of Island Park, 127 Long Beach Road, Island Park, New York 11558.                                                    
                                                                                                                                                                                                
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New York.............................  Lawrence (Village)        Brosewere Bay............................  Approximately 1,000 feet south of the intersection of                *8           *7
                                        Nassau County.                                                       Burton Lane and Albro Lane.                                                        
                                                                                                            Approximately 1,000 feet southeast from intersection of              *8           *9
                                                                                                             Buxton Lane and Albro Lane.                                                        
                                                                 Broad Channel............................  Approximately 1,000 feet southeast of confluence with Post           *8           *9
                                                                                                             Lead.                                                                              
                                                                 Reynolds Channel.........................  Approximately 250 feet southeast from 2nd Street extended.           *8          *10
                                                                 Bannister Creek..........................  Approximately 1,000 feet south of the intersection of Rock         None           *7
                                                                                                             Hall Road and Nassau Expressway.                                                   
                                                                                                            Intersection of North Street and Monroe Street............           *8           *7
                                                                                                                                                                                                
  Maps available for inspection at the Lawrence Village Building Department, 196 Central Avenue, Lawrence, New York.                                                                            
                                                                                                                                                                                                
  Send comments to The Honorable Nancy B.W. Coe, 196 Central Avenue, Lawrence, New York 11559                                                                                                   
                                                                                                                                                                                                
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New York.............................  Long Beach (City) Nassau  Atlantic Ocean...........................  Approximately 850 feet southeast of the intersection of             *14           15
                                        County.                                                              East Broadway and Roosevelt Boulevard.                                             
                                                                 Reynolds Channel.........................  Approximately 500 feet north of intersection of Lindell              *7           *8
                                                                                                             Boulevard and West Bay Drive.                                                      
                                                                                                                                                                                                
   Maps available for inspection at the City Hall, 1 West Chester Street, Long Beach, New York.                                                                                                 
                                                                                                                                                                                                
  Send comments to Mr. Edwin L. Eaton, Long Beach City Manager, City Hall, 1 West Chester Street, Long Beach, New York 11561.                                                                   
                                                                                                                                                                                                
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New York.............................  Malverne (Village)        Motts Creek..............................  At Motley Street..........................................         None          *24
                                        Nassau County.                                                                                                                                          
                                                                                                            Approximately 220 feet upstream of Franklin Avenue........         None          *30
                                                                                                                                                                                                
   Maps available for inspection at the Village Hall, 99 Church Street, Malverne New York.                                                                                                      
                                                                                                                                                                                                
  Send comments to The Honorable Joseph Canzoneri, Mayor of the Village of Malverne, 99 Church Street, Malverne, New York 11561.                                                                
                                                                                                                                                                                                
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New York.............................  Massapequa Park           Atlantic Ocean: South Oyster Bay.........  Approximately 350 feet south of the intersection of                  *8           *9
                                        (Village) Nassau County.                                             Skylark Road and Whitewood Drive.                                                  
                                                                                                            Approximately 125 feet southwest of the intersection of              *7           *8
                                                                                                             Knell Drive and Harbor Lane East.                                                  
                                                                 Massapequa Creek.........................  Approximately 250 feet downstream of Southern State                None          *38
                                                                                                             Parkway.                                                                           
                                                                                                            At Clark Street...........................................         None          *18
                                                                                                                                                                                                

[[Page 25433]]

                                                                                                                                                                                                
  Maps available for inspection at the Village Hall, 151 Front Street, Massapequa Park, New York.                                                                                               
                                                                                                                                                                                                
  Send comments to The Honorable George Nussbaum, Mayor of the Village of Massapequa Park, 151 Front Street, Massapequa Park, New York 11762.                                                   
                                                                                                                                                                                                
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New York.............................  North Hempstead (Town)    Little Neck Bay..........................  Approximately 200 feet southwest of the intersection of             *14          *13
                                        Nassau County.                                                       Shorecliff Place and Bayside Road.                                                 
                                                                                                            Approximately 400 feet northwest of the intersection of            None          *13
                                                                                                             Woodland Place and Bayview Avenue.                                                 
                                                                 Manhasset Bay............................  Approximately 175 feet west of West Shore Drive and                 *14          *16
                                                                                                             Bayview Avenue.                                                                    
                                                                 Russells Creek...........................  Approximately 700 feet upstream of Melbourne Road.........         None         *115
                                                                                                                                                                                                
  Maps available for inspection at the North Hempstead Town Hall, 220 Plandome Road, Manhasset, New York.                                                                                       
                                                                                                                                                                                                
  Send comments to Ms. Mary Newburger, North Hempstead Town Supervisor, 220 Plandome Road, Manhasset, New York 11030.                                                                           
                                                                                                                                                                                                
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New York.............................  Plandome Heights          Manhasset Bay............................  Approximately 100 feet west of the waterway and Shore              None          *14
                                        (Village) Nassau County.                                             Drive at the intersection of Shore Drive and The Beachway.                         
                                                                                                            At northern corporate limits approximately 500 feet west           None          *16
                                                                                                             of intersection of The Beachway and Shore Drive.                                   
                                                                                                                                                                                                
  Maps available for inspection at the Plandome Heights Village Office, 34 Grandview Circle, Manhassett, New York.                                                                              
                                                                                                                                                                                                
  Send comments to The Honorable John Keitz, Mayor of the Village of Plandome Heights, P.O. Box 1384, Manhasset, New York 11030.                                                                
                                                                                                                                                                                                
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New York.............................  Plandome Manor (Village)  Manhasset Bay............................  Approximately 750 feet west of intersection of Lake and            * 17         * 16
                                        Nassau County.                                                       Bayview Roads.                                                                     
                                                                                                                                                                                                
  Maps available for inspection at the Plandome Manor Village Hall, 1526 North Plandome Road, Plandome Manor, New York.                                                                         
                                                                                                                                                                                                
  Send comments to Mr. Richard Rode, Plandome Manor Village Building Inspector, P.O. Box 951, Plandome Manor, New York 11030.                                                                   
                                                                                                                                                                                                
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New York.............................  Plandome (Village)        Manhasset Bay............................  Approximately 600 feet west of intersection of Shoreview           None         * 14
                                        Nassau County.                                                       Lane and Plandome Road.                                                            
                                                                                                            Approximately 750 feet west of intersection of Shoreview           None         * 16
                                                                                                             Lane and Plandome Road.                                                            
                                                                                                                                                                                                
  Maps available for inspection at the Plandome Village Hall, 65 South Drive, Plandome, New York.                                                                                               
                                                                                                                                                                                                
  Send comments to The Honorable Brian J. Vincent, Mayor of the Village of Plandome, 65 South Drive, Plandome, New York 11030.                                                                  
                                                                                                                                                                                                
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
New York.............................  Rockville Centre          Mill River...............................  Approximately 360 feet west of intersection of River               None          * 7
                                        (Village) Nassau County.                                             Avenue and Demott Place.                                                           
                                                                                                                                                                                                
  Maps available for inspection at the Rockville Centre Village Engineer's Office, 110 Maple Avenue, Rockville Centre.                                                                          
                                                                                                                                                                                                
  Send comments to Mr. Anthony M. Cancellieri, Rockville Centre Village Administrator, P.O. Box 950, Rockville Centre, New York 11571.                                                          
                                                                                                                                                                                                
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
New York.............................  Sands Point (Village)     Sandspoint/Hempstead Harbor..............  Approximately 800 feet east of intersection of Harbor Road         * 17         * 10
                                        Nassau County.                                                       and Todd Drive.                                                                    
                                                                                                                                                                                                
  Maps available for inspection at the Sands Point Village Hall, Tibbits Lane, Port Washington, New York.                                                                                       
                                                                                                                                                                                                
  Send comments to The Honorable Leonard Wurzel, Mayor of the Village of Sands Point, P.O. Box 188, Port Washington, New York 11050.                                                            
                                                                                                                                                                                                
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New York.............................  Thomaston (Village)       Manhasset Bay............................  Approximately 500 feet northeast of Colonial Road and East         None          *15
                                        Nassau County.                                                       Shore Road.                                                                        
                                                                 Russells Creek...........................  At Clent Road.............................................         None          *74
                                                                                                            Approximately 0.15 mile upstream of Clent Road............         None          *92
                                                                                                                                                                                                

[[Page 25434]]

                                                                                                                                                                                                
  Maps available for inpsection at the Thomaston Village Hall, 100 East Shore Road, Great Neck, New York.                                                                                       
                                                                                                                                                                                                
  Send comments to The Honorable Bryan J. Holzberg, Mayor of the Village of Thomaston, 100 East Shore Road, Great Neck, New York 11023.                                                         
                                                                                                                                                                                                
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New York.............................  Valley Stream (Village)   Motts Creek..............................  Approximately 120 feet northeast of the intersection of            None           *8
                                        Nassau County.                                                       Hungry Harbor Road and Rosedale Road.                                              
                                                                                                                                                                                                
  Maps available for inpsection at the Valley Stream Village Hall, 123 South Central Avenue, Valley Stream, New Y ork.                                                                          
                                                                                                                                                                                                
  Send comments to The Honorable James Darcy, Mayor of the Village of Valley Stream, 123 South Central Avenue, Valley Stream, New York 11582.                                                   
                                                                                                                                                                                                
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
New York.............................  Woodsburgh (Village)      Woodmere Channel.........................  At intersection of Meadow Drive and Channel Road..........         None           *7
                                        Nassau County.                                                                                                                                          
                                                                                                            Approximately 500 feet south of intersection of Channel              *8           *7
                                                                                                             Road and Meadow Drive.                                                             
                                                                 Brosewere Bay............................  Approximately 450 feet southeast of intersection of Bay              *8           *9
                                                                                                             Drive and Hickory Road.                                                            
                                                                                                                                                                                                
  Maps available for inspection at the Woodsburgh Village Hall, 30 Piermont Avenue, Hewlett, New York.                                                                                          
                                                                                                                                                                                                
  Send comments to The Honorable Susan L. Schlaff, Mayor of the Village of Woodsburgh, 30 Piermont Avenue, Hewlett, New York 11557.                                                             
                                                                                                                                                                                                
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North Carolina.......................  Whiteville (City)         Griffith Branch..........................  Approximately 0.5 mile downstream of Nolan Avenue.........         None          *55
                                        Columbus County.                                                                                                                                        
                                                                                                            Approximately 210 feet upstream of Bentmoor Drive.........         None          *79
                                                                 Mollies Branch...........................  At Seaboard Coastline Railroad............................         None          *59
                                                                                                            Approximately 0.4 mile upstream of U.S. Business Routes 74-        None          *72
                                                                                                             76.                                                                                
                                                                 Soules Swamp.............................  Approximately 0.9 mile downstream of U.S. Route 701 Bypass         None          *53
                                                                                                            Approximately 0.6 mile upstream of U.S. Route 701 Bypass..         None          *58
                                                                 White Marsh..............................  At Seaboard Coastline Railroad............................         None          *54
                                                                                                            Approximately 20 feet upstream of U.S. Route 74-76 Bypass.         None          *59
                                                                                                                                                                                                
  Maps available for inspection at the Whiteville City Hall, 317 South Madison Street, Whiteville, North Carolina.                                                                              
                                                                                                                                                                                                
  Send comments to Mr. Jeff Emory, Whiteville City Manager, P.O. Box 607, Whiteville, North Carolina 28472.                                                                                     
                                                                                                                                                                                                
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Pennsylvania.........................  Hartfield (Borough)       West Branch Neshaminy Creek..............  Approximately 300 feet downstream of Lakewood Avenue......         None         *300
                                        Montgomery County.                                                                                                                                      
                                                                                                            Approximately 150 feet upstream of Lakewood Avenue........         None         *301
                                                                                                                                                                                                
  Maps available for inspection at the Borough Hall, 401 South Main Street, Hatfield, Pennsylvania.                                                                                             
                                                                                                                                                                                                
  Send comments to Ms. Stephanie Teoli, Manager of the Borough of Hatfield, P.O. Box 190, Hatfield, Pennsylvania 19440-0190.                                                                    
                                                                                                                                                                                                
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Pennsylvania.........................  Tredyffrin (Township)     Little Valley Creek......................  On the upstream side of Mill Road.........................         *149         *147
                                        Chester County.                                                                                                                                         
                                                                                                            Approximately 1,800 feet upstream of Church Road..........         None         *245
                                                                 Tributary No. 2 of Trout Creek...........  At confluence with Trout Creek............................         *155         *160
                                                                                                            Approximately 100 feet upstream of the confluence with             *159         *160
                                                                                                             Trout Creek.                                                                       
                                                                 East Tributary to Crum Creek.............  Approximately 650 feet upstream of Devon Road.............         None         *467
                                                                                                            Approximately 830 feet upstream of Devon Road.............         None         *470
                                                                                                                                                                                                
  Maps available for inspection at the Tredyffrin Municipal Building, 1100 DuPortail Road, Berwyn, Pennsylvania.                                                                                
                                                                                                                                                                                                
  Send comments to Mr. Jospeh A. Janasik, Tredyffrin Township Manager, 1100 DuPortail Road, Berwyn, Pennsylvania 19312.                                                                         
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[[Page 25435]]

(Catalog of Federal Domestic Assistance No. 83.100, ``Flood 
Insurance.'')

    Dated May 13, 1996.
Richard W. Krimm,
Acting Associate Director for Mitigation.
[FR Doc. 96-12714 Filed 5-20-96; 8:45 am]
BILLING CODE 6718-04-P

Complete official Federal Register PDF

FR Doc. 96-12689 Food Labeling: Nutrient Content Claims, Definition of Term: Healthy

[Federal Register Volume 61, Number 99 (Tuesday, May 21, 1996)]
[Proposed Rules]
[Page 25421]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-12689]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

21 CFR Part 101

[Docket Nos. 91N-384H and 95P-0241]
RIN 0910-AA19

Food Labeling: Nutrient Content Claims, Definition of Term: 
Healthy

AGENCY: Food and Drug Administration, HHS.

ACTION: Proposed rule; correction.

-----------------------------------------------------------------------

    The Food and Drug Administration (FDA) is correcting a proposed 
rule that appeared in the Federal Register of February 12, 1996 (61 FR 
5349). The document proposed to amend the food labeling regulations to 
permit certain processed fruits and vegetables and enriched cereal-
grain products that conform to a standard of identity to bear the term 
``healthy.'' The document was published with an inadvertent error. This 
document corrects that error.

DATES: Written comments by July 18, 1996. FDA proposes that any final 
rule that may issue based on this proposal become effective on the date 
of publication in the Federal Register.

ADDRESSES: Submit written comments to the Dockets Management Branch 
(HFA-305), Food and Drug Administration, 12420 Parklawn Dr., rm. 1-23, 
Rockville, MD 20857.

FOR FURTHER INFORMATION CONTACT: Felicia B. Satchell, Center for Food 
Safety and Applied Nutrition (HFS-158), Food and Drug Administration, 
200 C St. SW., Washington, DC 20204, 202-205-5099.
    In FR Doc. 96-2980, appearing on page 5349 in the Federal Register 
of Monday, February 12, 1996, the discussion that appears on page 5354 
in the first column under the heading ``V. Environmental Impact'' is 
corrected by removing the paragraph that appears there in its entirety 
and adding in its place ``The agency has determined under 21 CFR 
25.24(a)(11) that this action is of a type that does not individually 
or cumulatively have a significant effect on the human environment. 
Therefore, neither an environmental assessment nor an environmental 
impact statement is required.''

    Dated: May 15, 1996.
William K. Hubbard,
Associate Commissioner for Policy Coordination.
[FR Doc. 96-12689 Filed 5-20-96; 8:45 am]
BILLING CODE 4160-01-F

Complete official Federal Register PDF

FR Doc. 96-12687 Government Contractors, Affirmative Action Requirements; Implementation of Executive Order 11246

[Federal Register Volume 61, Number 99 (Tuesday, May 21, 1996)]
[Proposed Rules]
[Pages 25516-25526]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-12687]

[[Page 25515]]

_______________________________________________________________________

Part II

Department of Labor

_______________________________________________________________________

Office of Federal Contract Compliance Programs

_______________________________________________________________________

41 CFR Parts 60-1 and 60-60

Government Contractors, Affirmative Action Requirements; Implementation 
of Executive Order 11246; Proposed Rule

Federal Register / Vol. 61, No. 99 / Tuesday, May 21, 1996 / Proposed 
Rules

[[Page 25516]]

DEPARTMENT OF LABOR

Office of Federal Contract Compliance Programs

41 CFR Parts 60-1 and 60-60

Government Contractors, Affirmative Action Requirements; 
Implementation of Executive Order 11246

AGENCY: Office of Federal Contract Compliance Programs (OFCCP), ESA, 
Labor.

ACTION: Notice of proposed rulemaking.

-----------------------------------------------------------------------

SUMMARY: This proposal would revise certain provisions of the current 
regulations implementing Executive Order 11246, as amended, to reduce 
burdens on the regulated community and to improve administration of the 
Order. The Executive Order prohibits all nonexempt Government 
contractors and subcontractors, and federally assisted construction 
contractors and subcontractors, from discriminating in employment, and 
requires these contractors to take affirmative action to ensure that 
employees and applicants are treated without regard to race, color, 
religion, sex and national origin. The proposed revisions to the 
regulations on obligations of contractors and subcontractors concern 
record retention, compliance monitoring, and segregated facilities. In 
addition, the proposal would amend certain provisions of the 
regulations to parallel provisions included in OFCCP's final rule 
implementing Section 503 of the Rehabilitation Act of 1973, as amended, 
which was published in the Federal Register on May 1, 1996. The 
proposal also would transfer some sections of the regulations on 
contractor evaluation procedures for supplies and services to the 
regulations on obligations of contractors and subcontractors and delete 
the remainder of the sections. Finally, this proposal would withdraw 
portions of a final rule published on December 30, 1980 (and 
subsequently suspended), and it hereby withdraws a proposed rule 
published on August 25, 1981 (and supplemented on April 23, 1982).

DATES: To be assured of consideration, comments must be in writing and 
must be received on or before July 22, 1996.

ADDRESSES: Comments should be sent to Joe N. Kennedy, Deputy Director, 
OFCCP, Room C-3325, 200 Constitution Avenue, N.W., Washington, DC 
20210.
    As a convenience to commenters, OFCCP will accept public comments 
transmitted by facsimile (FAX) machine. The telephone number of the FAX 
receiver is 202-219-6195. To assure access to the FAX equipment, only 
public comments of six or fewer pages will be accepted via FAX 
transmittal. Receipts of FAX transmittals will not be acknowledged, 
except that the sender may request confirmation of receipt by calling 
OFCCP at 202-219-9430 (voice), 1-800-326-2577 (TDD).

FOR FURTHER INFORMATION CONTACT: Joe N. Kennedy, Deputy Director, 
OFCCP, Room C-3325, 200 Constitution Avenue, N.W., Washington, DC 
20210. Telephone 202-219-9475 (voice), 1-800-326-2577 (TDD). Copies of 
this NPRM, including copies in alternate formats, may be obtained by 
calling 202-219-9430 (voice), 1-800-326-2577 (TDD). The alternate 
formats available are large print, electronic file on computer disk and 
audio-tape.

SUPPLEMENTARY INFORMATION:

Background

    OFCCP's regulations at 41 CFR chapter 60 implementing Executive 
Order 11246, as amended (30 FR 12319, September 28, 1965) have not 
undergone substantive revision since the 1970s. A final rule was 
published on December 30, 1980 (45 FR 86215; corrected at 46 FR 7332, 
January 23, 1981), but was stayed in accordance with Executive Order 
12291 on January 28, 1981 (46 FR 9084). This rule later was stayed 
indefinitely on August 25, 1981 (46 FR 42865), pending action on a 
notice of proposed rulemaking (NPRM) published on that same date (46 FR 
42968; supplemented at 47 FR 17770, April 23, 1982). OFCCP has taken no 
further action on the August 25, 1981, proposal, or consequently on the 
1980 stayed final rule.
    Both the 1980 final rule and the 1981 proposal addressed 41 CFR 
part 60-1. The changes they would have made to 41 CFR part 60-1 have 
been considered in developing today's NPRM and, where pertinent, are 
discussed in the Section-by-Section analysis below. To avoid conflict 
with today's NPRM, OFCCP proposes to withdraw part 60-1 of the 1980 
final rule, and hereby withdraws the 1981 and 1982 NPRMs in their 
entirety.
    As discussed in the Section-by-Section analysis, today's NPRM 
proposes changes to 41 CFR part 60-1 provisions concerning record 
retention, compliance monitoring, and segregated facilities. In 
addition, to ensure consistency in OFCCP programs, today's NPRM 
proposes conforming certain part 60-1 provisions to parallel provisions 
revised by OFCCP's final rule implementing Section 503 of the 
Rehabilitation Act of 1973, as amended (61 FR 19336; May 1, 1996). 
These proposed conforming changes would affect several definitions and, 
for example, some aspects of enforcement.
    Finally, today's NPRM proposes the deletion of most sections of 
part 60-60 from the regulations and the transfer of a few sections to 
part 60-1. The deleted sections describe OFCCP's traditional compliance 
review process and the transferred sections relate to preservation of 
confidentiality of data submitted by contractors, the timeframe within 
which a contractor must submit an affirmative action program and 
supporting documents and authorization for agreements concerning 
nationwide AAP formats. Similar deletions and transfers were contained 
in the 1980 final rule and the 1981 proposal.

Section-by-Section Analysis

Section 60-1.3  Definitions

    The proposal adds one new definition for compliance evaluation and 
revises several others to render them consistent with the definitions 
included in OFCCP's Section 503 final rule.
    ``Compliance Evaluation.'' The proposal adds a new definition of 
the term ``compliance evaluation'' to reflect OFCCP's authority to 
conduct a variety or range of activities to assess a contractor's 
compliance status. Previously OFCCP generally has conducted a full 
compliance review of a contractor, assessing all its employment 
practices, whenever it reviewed a contractor's status. As discussed in 
more detail in the preamble discussion of Sec. 60-1.20, the proposal 
would allow OFCCP to use any one or a combination of actions to examine 
a contractor's compliance with one or more of the Executive Order 11246 
requirements. Thus, the proposal would allow OFCCP to streamline the 
review process for many contractors. The proposal also would allow 
OFCCP to focus its investigatory resources where they are needed, while 
conducting some level of review of a broader segment of the contractor 
universe.
    ``Contract.'' The current regulation defines the term ``contract'' 
as ``any Government contract or any federally assisted construction 
contract.'' The proposal adds the word ``subcontract'' to this 
definition (``any Government contract or subcontract or any federally 
assisted construction contract or subcontract'') to eliminate the need 
to reference ``subcontract'' each time ``contract'' is referenced in 
the body of the regulation. Accordingly, the proposal generally 
references the term ``subcontract'' only when necessary to

[[Page 25517]]

the context. This same change would have been made by the 1980 final 
rule.
    ``Deputy Assistant Secretary.'' The Director of OFCCP recently was 
redesignated the Deputy Assistant Secretary for Federal Contract 
Compliance Programs. The proposal, therefore, substitutes a definition 
of ``Deputy Assistant Secretary,'' for the definition of ``Director'' 
in the current regulations, and makes this title change throughout the 
proposal. To ensure internal consistency, OFCCP intends to issue a rule 
making a corresponding universal change to its regulations before 
publishing the final rule resulting from this proposal.
    ``Government Contract.'' The proposed definition of ``Government 
contract'' is revised to clarify that covered contracts include those 
under which the Government is a seller of goods or services, as well as 
those under which it is a purchaser. This change reflects OFCCP's long-
standing interpretation of the scope of the Executive Order, upheld in 
Crown Central Petroleum Corp. v. Kleppe (424 F. Supp. 744 (D. Md. 
1976)), that sales by the Government result in covered contracts. 
Hence, the proposal substitutes a reference to contracts for the 
``purchase, sale or use of personal property or nonpersonal services'' 
and a definition of the term ``personal property'' for the existing 
reference to the ``furnishing'' of supplies or services, or for the use 
of real or personal property, including lease arrangements.
    ``Rules, regulations and relevant orders of the Secretary of 
Labor.'' A rule published on May 3, 1996 (61 Fed. Reg. 19982) amended 
the definition of ``Secretary'' to include a ``designee'' of the 
Secretary of Labor. The definition of ``rules, regulations and relevant 
orders of the Secretary of Labor'' in the current regulations, which 
makes reference to the designee of the Secretary, therefore is no 
longer necessary and is omitted in this proposal.
    ``Subcontract.'' The proposal conforms the current definition of 
``subcontract'' to the proposed definition of ``Government contract'' 
above; that is, as revised, the proposed definition references 
agreements for the ``purchase, sale or use'' of personal property or 
nonpersonal services.
    ``United States.'' OFCCP proposes to revise the current definition 
of ``United States'' by deleting the Panama Canal Zone (which was ceded 
back to Panama under the terms of the Panama Canal Treaty) and by 
specifying the possessions and territories of the United States as: the 
Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern 
Mariana Islands, and Wake Island.

Section 60-1.8  Segregated Facilities

    Today's proposal would revise Sec. 60-1.8, which currently sets out 
a general prohibition regarding the maintenance of segregated 
facilities (paragraph (a)) and a certification requirement regarding 
compliance with that obligation (paragraph (b)).
    Specifically, under paragraph (a) of Sec. 60-1.8, nonexempt 
contractors and subcontractors must ensure that facilities they provide 
to their employees are not segregated on the basis of race, color, 
religion or national origin. Further, paragraph (a) states that this 
obligation extends to all contracts containing the equal opportunity 
clause, regardless of the amount of the contract.
    Paragraph (b) of the regulation provides that, prior to the award 
of a Government contract or federally assisted construction contract, 
each contracting agency or applicant for Federal financial assistance 
involving a construction contract shall require the prospective prime 
contractor to submit a certification that it does not and will not 
maintain segregated employee facilities. Paragraph (b) also requires 
prime contractors and subcontractors, prior to the award of 
subcontracts, to obtain such a certification from their prospective 
subcontractors.
    This proposal would conform Sec. 60-1.8 with the Executive Order's 
general nondiscrimination requirements, by adding sex to the list of 
bases upon which segregation is prohibited, with the proviso that 
separate or single-user restrooms and necessary dressing or sleeping 
areas shall be provided to assure privacy between the sexes. The 
proposal also would make a number of stylistic changes to existing 
paragraph (a).
    OFCCP proposes to withdraw the written certification requirement 
(paragraph (b) of the current regulation). The certification 
requirement originally was incorporated into the Executive Order 
regulations in 1967 (see 32 FR 7439, May 19, 1967). At that time, 
segregation in employee facilities, especially on the basis of race, 
was not uncommon. The certification requirement was intended in large 
part to put contractors on notice that such segregation was unlawful 
and would not be tolerated. In the intervening 28 years, as a result of 
civil rights law enforcement and other factors, employers have become 
aware that segregation in employee facilities is unlawful. Indeed, such 
segregation has been significantly reduced. Because today's proposal 
would retain and strengthen the basic prohibition regarding segregated 
facilities, which OFCCP will continue to monitor through compliance 
investigations, the proposed withdrawal of the certification 
requirement will not reduce protections afforded to workers.
    Withdrawing the certification requirement will significantly reduce 
compliance burdens on contractors. The Government lets approximately 
350,000 prime contracts each year. If it is assumed that each prime 
contract results in an average of four subcontracts, and that it takes 
about one-half hour to prepare and submit the written certification, 
eliminating the certification requirement would reduce compliance 
burdens on the contractor community by roughly 875,000 hours. This 
estimate may significantly understate the savings; many contractors 
annually solicit the certification from all of their prospective 
vendors rather than limiting their request to those firms that actually 
are subcontractors on Federal projects.
    The 1980 final rule, and the 1981 proposal, would have made similar 
revisions to the segregated facilities regulation.

Section 60-1.12  Record Retention

    OFCCP's primary Executive Order recordkeeping and record retention 
regulations are contained in 41 CFR 60-1.40 and 60-4.3, and parts 60-2 
and 60-3 (the Uniform Guidelines on Employee Selection Procedures, 
hereafter UGESP). The regulations require certain contractors to 
develop, implement and maintain a written affirmative action program 
(AAP) for each of their establishments; to compile the results of the 
program; to update the program annually; and to provide the program and 
supporting documentation to OFCCP upon request; to maintain data on 
applicants, selection and referral procedures and, as applicable, 
adverse impact and evidence of validity; and, if engaged in Federal or 
federally assisted construction, to compile and maintain data on 
employees and applicants for construction jobs. Although retention of 
relevant records is implicit in the requirement to analyze selection 
decision data, prepare an annual update, and provide supporting 
documentation, the Executive Order regulations, with one exception, do 
not expressly prescribe a record retention period. That exception is 
the requirement under the UGESP to keep certain adverse impact data for 
two years after the adverse impact has been eliminated.
    Paragraph (a) of the proposal amends this obligation in several 
ways: First it

[[Page 25518]]

makes the record retention obligation applicable to any personnel or 
employment record made or kept by the contractor, and sets out a 
listing of examples of the types of records that must be retained. This 
provision conforms to the analogous requirement under Title VII of the 
Civil Rights Act of 1964. (Thus, contractors with 15 or more employees, 
i.e., those that are covered by Title VII of the Civil Rights Act, 
already are required to comply with this requirement. The only 
contractors that will be newly covered by this requirement are those 
that have Government contracts subject to the Executive Order's 
regulations (e.g., those with contracts that exceed $10,000) and that 
have fewer than 15 employees. This group of contractors consists almost 
entirely of small construction contractors.)
    Second, proposed paragraph (a) stipulates that the required record 
retention period is two years. It is OFCCP's practice to review the 
contractor's employment practices dating back two years prior to the 
initiation of a compliance evaluation and to assess liability for 
discriminatory practices dating back two years. Proposed paragraph (a) 
requires smaller contractors (those that have fewer than 150 employees 
or that do not have a Government contract of at least $150,000) to 
retain records for a minimum of one year, rather than two years. Most 
contractors are covered by the one year record retention period imposed 
by Title VII. OFCCP is proposing a shorter record retention period for 
smaller contractors as a method of reducing regulatory burden on such 
contractors. This proposal is consistent with a provision included in 
OFCCP's Section 503 final rule.
    Third, proposed paragraph (a) requires that when a contractor has 
been notified that a complaint has been filed, that a compliance 
evaluation has been initiated or that an enforcement action has been 
commenced, the contractor shall preserve all relevant personnel records 
until the final disposition of the action. This provision conforms to 
the corresponding record retention requirement under Title VII. The 
purpose of this requirement is obvious--to ensure that OFCCP can obtain 
all relevant documents during a compliance investigation or enforcement 
action.
    Proposed paragraph (b) provides that a contractor establishment 
required to develop a written affirmative action program (AAP) shall 
maintain its current AAP and its AAP for the preceding AAP year, along 
with documentation of good faith efforts taken under the AAPs. Such 
documentation might reflect, for example, the contractor's outreach and 
recruitment efforts undertaken to increase its pool of female or 
minority applicants, or training programs instituted to enhance the 
skills and talents of incumbent employees to increase the pool of those 
eligible for promotion. This provision is intended to ensure that the 
AAPs are available to OFCCP during a compliance evaluation.
    Proposed paragraph (c) provides that the failure to preserve the 
records required by proposed paragraphs (a) and (b) constitutes 
noncompliance with the Order. Additionally, proposed paragraph (c), in 
a provision that is not paralleled in the current regulations, states 
that where a contractor has destroyed or failed to preserve required 
records, there may be a presumption that such records would have been 
unfavorable to the contractor. However, this presumption will not apply 
where a contractor demonstrates that the destruction or failure to 
preserve records resulted from circumstances beyond the contractor's 
control (e.g., fires, floods, tornados, or other natural disasters). 
This provision is consistent with EEOC's practice under Title VII, as 
set forth at Sec. 632.3(b)(2)(ii) of EEOC's Compliance Manual. The 
intent of this provision is to deter contractors from deliberate 
attempts to frustrate OFCCP's compliance monitoring and enforcement 
efforts by destroying or failing to preserve records. The adverse 
inference established by paragraph (c) would be used by OFCCP in both 
investigations of compliance and in enforcement litigation.
    Proposed paragraph (d), which is not paralleled in the current 
regulations, would clarify that the contractor is obligated to preserve 
only those records which are created or kept on or after the effective 
date of the regulations.
    The proposed regulation has been carefully drafted to comport with 
requirements under Title VII of the Civil Rights Act of 1964, the Age 
Discrimination in Employment Act (ADEA), the Americans with 
Disabilities Act (ADA) and the requirement included in OFCCP's final 
rule implementing Section 503 of the Rehabilitation Act of 1973, as 
amended. The Title VII, ADEA, and ADA regulations contain record 
retention requirements for similar records that vary from one to three 
years. The vast majority of Federal contractors already are subject to 
one or more of these statutes and thus already are required to maintain 
the records described in this proposed regulation.

Section 60-1.20  Compliance Evaluations

    The proposal would revise paragraphs (a) and (d) of this section, 
which respectively address compliance reviews in general, and preaward 
clearance requirements.
    In the current regulations, paragraph (a) describes the purpose of 
a compliance review of a contractor's implementation of its 
nondiscrimination and affirmative action obligations, provides that the 
review shall consist of a comprehensive analysis of all relevant 
practices, and provides that recommendations for appropriate sanctions 
shall be made. The proposal specifically authorizes OFCCP's use of 
additional methods to evaluate a contractor's compliance with the 
regulations. The proposal specifies that the compliance evaluation 
methods available to OFCCP, other than the full compliance review, may 
include a range of activities designed to focus, for example, on the 
contractor's written affirmative action plan; the accuracy of data 
submitted for review at desk audit; or on one component or 
organizational unit of the contractor's workforce. Thus, the proposal 
would allow OFCCP to streamline the review process in many cases.
    The proposal also would revise paragraph (d), which currently 
requires OFCCP to conduct a preaward compliance review of contractors 
being considered for contracts of $1 million or more. The preaward 
provision has been a component of OFCCP's regulatory procedures since 
1968. The intent of the preaward clearance provision is to prevent the 
award of large dollar contracts to contractors which are either in 
noncompliance or unwilling to comply with the EEO clause of the 
contract.
    Specifically, Sec. 60-1.20(d) requires the awarding agency to 
obtain clearance from OFCCP prior to awarding Federal supply/ service 
contracts of $1 million or more. OFCCP must certify that a Federal 
contractor/prospective contractor is in compliance before the award of 
a contract.
    The concept of preaward compliance reviews was premised on three 
assumptions: (1) Contracts of a sizable dollar amount tend to generate 
expanded hiring, promotion and upgrading opportunities; (2) the conduct 
of a compliance review immediately prior to the award is the most 
efficient way of ensuring that those employment opportunities be used 
to address the consequences of any past job discrimination; and (3) 
contractors tend to be more amenable to achieving

[[Page 25519]]

compliance across-the-board when it is an immediate condition of the 
contract. Although these assumptions generally are still correct, the 
preaward review has not been a successful compliance mechanism for the 
past 15 years.
    OFCCP has been severely hampered in its efforts to plan and carry 
out compliance reviews because of the regulatory and other requirements 
associated with preaward requests. OFCCP recognized the shortcomings of 
the preaward process as early as 1979 and attempted to modify the 
provision in the 1980 final rule. The 1981 proposal would have 
eliminated the requirements for preaward clearance. The ineffectiveness 
of the preaward provision also was identified and cited in 1985 and 
1988 reports of the Department of Labor Inspector General.
    Several factors contribute to the difficulties with the preaward 
process, including: insufficient staff and budget to process the large 
volume of preaward requests--approximately 27,625 preaward requests 
were received in FY '93; the short time available within which to 
conduct preaward reviews; and court rulings that require a hearing 
before OFCCP may declare a contractor ineligible for contracts. See 
e.g., Illinois Tool Works v. Marshall, 601 F.2d 943 (7th Cir. 1979).
    In addition, some contracting agencies have expressed concerns 
about the traditional preaward process. OFCCP has held consultations 
with various contracting agencies during the past year and has adopted 
a number of administrative reforms as a result. Those reforms relate to 
its interactions with the contracting agencies during the preaward 
process, and they were implemented in order to ensure that the process 
is as streamlined as possible. Those consultations are ongoing and 
OFCCP will continue to work with the contracting agencies to improve 
the process.
    Based on the foregoing concerns with the current preaward 
provision, OFCCP considered a number of options including the complete 
elimination of the preaward provision, an increase in the dollar amount 
of the preaward contract threshold, and the replacement of the preaward 
review with a postaward review. OFCCP decided to promulgate this 
proposal which modifies the provision by making the preaward compliance 
review optional. Thus, preaward reviews will be conducted if OFCCP 
determines that a review would constitute the best use of its limited 
resources. OFCCP may consider factors such as whether the contract is 
likely to generate significant employment opportunities, whether the 
contractor has held a covered Federal contract before, whether the 
contractor has been reviewed before and, if so, whether prior reviews 
have revealed noncompliance at the same or other establishments, the 
length of time that has passed since a prior review, and the EEO-1 
profile of the contractor. It is difficult to describe more precisely 
the factors OFCCP will use, because they may change over time as 
economic conditions change. For example, in recent years the most 
growth in employment opportunities has occurred in small businesses and 
that growth has occurred in the service sector of the economy. Because 
these facts may change in future years, they are not specified as 
factors OFCCP will consider when deciding whether to conduct a preaward 
review. By making the preaward review optional, the proposal allows 
OFCCP the necessary flexibility and latitude in establishing the 
agency's enforcement priorities, rather than continuing to allow those 
priorities to be dictated by the incoming preaward requests. OFCCP 
invites commenters to address whether it should make preaward reviews 
optional, or should retain such reviews as mandatory.
    This proposal provides, as does the current regulation, that OFCCP 
will provide an awarding agency with its conclusions regarding 
clearance for an award. However, the proposal requires that OFCCP 
inform an awarding agency within 15 days of its intention to conduct a 
preaward review. If OFCCP does not inform an awarding agency within 
that period of its intention to conduct a preaward review, clearance 
shall be presumed and the agency is authorized to proceed with the 
award. If OFCCP informs an awarding agency of its intention to conduct 
a preaward review, OFCCP shall be allowed an additional 20 days after 
the date that it so informs the agency to provide its conclusions. If 
OFCCP does not provide an awarding agency with its conclusions within 
that period, clearance shall be presumed and the agency is authorized 
to proceed with the award. This proposal ensures that the preaward 
review process will not contribute to any unnecessary delay in the 
procurement process.
    This proposal continues the threshold for preaward notification at 
$1 million. However, OFCCP invites commenters to address whether the 
existing threshold should be changed or retained, in light of the dual 
goals of streamlining the procurement process and ensuring that OFCCP 
has the information necessary to allow it to evaluate the compliance 
status of companies that may be awarded new Government contracts. In 
addition, OFCCP invites commenters to address the option of moving from 
preaward reviews to a system under which OFCCP reviews would be 
performed concurrent with the awarding of a Federal contract.
    Finally, as discussed under the heading of part 60-60 below, the 
proposal moves provisions now contained in part 60-60 that relate to 
confidentiality of data, timely submission of documents to OFCCP, and 
nationwide AAP formats to this section.

Section 60-1.26  Enforcement Proceedings

    The proposal revises and restructures for clarity Sec. 60-1.26, 
which details Executive Order enforcement procedures. With the 
exception of the provision relating to calculating interest, this 
proposal is not intended to make substantive changes to this section. 
Proposed subsection (a) contains general provisions applicable to both 
administrative and judicial enforcement. Proposed subsection (b) 
addresses administrative enforcement procedures, and proposed 
subsections (c) and (d) cover judicial enforcement proceedings, which 
are handled by the Department of Justice.
    The proposal also makes several specific changes to this section 
that are consistent with provisions included in OFCCP's Section 503 
final rule at 41 CFR 60-741.65(a)(1). First, it clarifies in subsection 
(a)(2) that OFCCP may seek relief for victims of discrimination 
identified either during a compliance evaluation or a complaint 
investigation whether or not such individuals have filed a complaint 
with OFCCP. OFCCP has long maintained that such a limitation on 
available relief clearly is inconsistent with the Order. OFCCP's 
position recently was upheld in a case under Section 503, OFCCP v. 
Commonwealth Aluminum, 82-OFC-6 (Assistant Secretary for Employment 
Standards, February 10, 1994), Federal court review pending sub nom. 
Commonwealth Aluminum Corporation v. United States (WD Ky., No. 94-
0071-O(C)).
    Second, the proposal states, also in subsection (a)(2), that 
interest on back pay shall be compounded quarterly at the percentage 
rate established by the Internal Revenue Service for the underpayment 
of taxes. This provision would reverse the ruling of the Department of 
Labor's Assistant Secretary for Employment Standards in OFCCP v. 
Washington Metropolitan Area Transit Authority, 84-OFC-8 (orders dated 
August 23 and November 17, 1989), that simple interest, rather

[[Page 25520]]

than compounded interest, should be used in the calculation of back pay 
awards under Section 503. That Section 503 ruling, which relied upon 
the Department's regulations (at 29 CFR part 20) implementing Section 
11 of the Debt Collection Act of 1982 (31 U.S.C. 3717), could be 
construed as applicable also to relief under the Executive Order. OFCCP 
had a longstanding policy of requiring that interest on back pay awards 
under the Executive Order be compounded; such policy is consistent with 
the case law under Title VII of the Civil Rights Act of 1964. OFCCP 
believes that it must reinstate this policy to ensure that victims of 
discrimination obtain complete ``make whole'' relief.
    Third, the proposal provides in subsection (b)(1) that 
administrative enforcement proceedings also may be instituted where 
OFCCP determines that referral for formal enforcement (rather than 
settlement) is appropriate. Fourth, the proposal specifies in 
subsection (b)(1) that the administrative enforcement referral will be 
made to the Solicitor of Labor.
    The proposal states that the rules of evidence set out in the 
hearing rules applicable to the Department's Administrative Law Judges 
shall also apply to hearings conducted under 41 CFR part 60-30. These 
rules, which were issued in 1990, are generally applicable to the 
Department's formal adversarial adjudications. Consistent with a 
requirement included in OFCCP's Section 503 final rule, the proposal 
also requires that the Department's Final Administrative Order in an 
Executive Order case be issued within one year from the date of the 
Administrative Law Judge's recommended decision, or the submission of 
the parties' exceptions and responses to exceptions to such decision 
(if any), whichever is later. OFCCP believes that this time limit is 
needed to ensure that aggrieved individuals obtain expeditious relief 
and that contractors are assured of closure of the administrative 
proceedings.

Section 60-1.27  Sanctions

    The current sanction regulation provides only that the sanctions 
authorized by section 209 of the Executive Order may be exercised by or 
with the approval of the Director of OFCCP. The 1980 final rule and the 
1981 proposal deleted the current sanction regulation as a separate 
provision, and they both generally merged the sanction regulation with 
the regulation pertaining to enforcement proceedings. The regulation 
pertaining to enforcement proceedings currently is set forth at 
Sec. 60-1.26. In the 1980 final rule the combined sanctions and 
enforcement proceedings regulation appeared at Sec. 60-1.29, and in the 
1981 proposal the combined regulation appeared at Sec. 60-1.68.
    The proposal adds a new paragraph specifically addressing the 
sanction of debarment. Paragraph (b) of the proposal provides for a 
fixed term debarment for a period of six months or more, as well as 
indefinite term debarment. The Secretary already has ordered the 
imposition of a fixed term debarment in OFCCP v. Disposable Safety 
Wear, 92-OFC-11 (Decision and Final Administrative Order of the 
Secretary of Labor, September 29, 1992). See also OFCCP v. Blaine 
Construction Co., 94-OFC-4 (Decision and Final Administrative Order of 
the ALJ, March 9, 1994); OFCCP v. KRT Drywall/Acoustical, 94-OFC-14 
(Order of the ALJ, August 18, 1994); OFCCP v. State Construction of 
Southeast Wisconsin, 94-0FC-18 (Orders of the ALJ, August 31 and 
September 8, 1994). The proposal simply provides contractors with 
greater notice that a fixed term debarment of six months or more may be 
imposed in some cases instead of an indefinite term debarment. OFCCP 
believes that the use of fixed period debarments will serve as a more 
effective deterrent and encourage compliance among the recalcitrant 
contractors who repeatedly break their promises of future compliance 
with respect to affirmative action and recordkeeping and retention 
requirements. OFCCP has found that the current practice of reinstating 
the contractor upon its simple demonstration of compliance is 
insufficient to ensure voluntary compliance. Under the current 
procedure the contractor may be reinstated immediately without 
incurring any economic loss for a violation of an affirmative action 
requirement (e.g., a contractor which has failed to develop an AAP can 
simply do so to be eligible for reinstatement). A fixed term debarment 
establishes a trial period during which a contractor can demonstrate 
its commitment and ability to establish personnel practices that will 
ensure continued compliance with the requirements of the Executive 
Order. Thus, in a Final Administrative Order, the Adminstrative Review 
Board could order a company to take specific action to come into 
compliance and to submit periodic reports to OFCCP regarding its 
compliance status during the fixed term debarment period. A fixed term 
debarment scheme will strengthen the Executive Order program by 
deterring contractors from engaging in violations based upon ``a cold 
weighing of the costs and benefits of noncompliance.'' Janik Paving & 
Construction v. Brock, 828 F.2d 84 (2d Cir. 1987). Where fixed term 
debarment is ordered, in lieu of an indefinite term debarment, the 
length of the debarment period will be determined on a case-by-case 
basis, depending upon factors such as the nature and severity of the 
violations. A contractor debarred for a fixed term will not be 
automatically reinstated upon the conclusion of the fixed term 
debarment period. In making his or her determination as to whether 
reinstatement of such a contractor is appropriate, the Deputy Assistant 
Secretary shall consider whether the contractor has demonstrated that 
it has established and will carry out employment policies and practices 
in compliance with the Executive Order. If the contractor failed to 
comply with the Department's Final Administrative Order, it would not 
be eligible for reinstatement at the conclusion of the fixed term 
debarment period.

Section 60-1.30  Notification of Agencies

    Consistent with a regulation in OFCCP's Section 503 final rule, the 
proposal would delete the requirement that OFCCP distribute a list of 
debarred contractors to all executive departments and agencies, and 
substitute a requirement that the Deputy Assistant Secretary ensure 
that the heads of agencies are notified of debarments. Accordingly, the 
section would be renamed ``Notification of agencies'' instead of 
``Contract ineligibility list.'' The General Services Administration 
now publishes a listing of debarred contractors, and it would be 
redundant for OFCCP to issue a separate list.
    The 1980 final rule would have required that OFCCP promptly notify 
the Comptroller General of the United States regarding contract 
cancellations and debarments. Further, that section of the final rule 
would have required that OFCCP take appropriate steps to notify prime 
contractors of the debarred contractor's ineligibility for 
subcontracts. Notice now is provided adequately by the General Services 
Administration's list of debarred contractors.

Section 60-1.31  Reinstatement of Ineligible Prime Contractors and 
Subcontractors

    The proposal would revise this section to make it consistent with 
proposed Sec. 60-1.27(b), which authorizes debarment either for an 
indefinite

[[Page 25521]]

period or for a fixed period of not less than six months. Accordingly, 
the proposal provides that a contractor debarred for an indefinite 
period may request reinstatement at any time, and that a contractor 
debarred for a fixed period may request reinstatement after the 
expiration of the fixed period. In either type of debarment, the 
contractor, as under the current regulations, would be required to show 
that it has established and will carry out employment practices in 
compliance with the Executive Order.
    Further, the proposal would adopt some of the 1980 final rule's 
reinstatement procedures. For instance, similar to the 1980 final rule, 
the proposal specifies that the contractor may be subject to a 
compliance evaluation before a final determination is made on the 
reinstatement request. The 1980 final rule would have established some 
additional detailed procedures that OFCCP, upon reconsideration, does 
not believe need to be incorporated into the regulations.

Section 60-1.32  Intimidation and Interference

    Currently, the regulations provide that the sanctions and penalties 
contained therein may be exercised against any contractor which fails 
to ensure that no person intimidates, threatens, coerces or 
discriminates against any individual because he or she files a 
complaint or otherwise participates in compliance activity under the 
Executive Order or a similar Federal, state or local law. The proposal 
contains a similar prohibition but specifies that the contractor itself 
shall not engage in such activities and shall ensure that all persons 
under its control do not do so, and adds that the prohibition applies 
to harassment. Further, the proposal states that the prohibition 
applies to an individual's opposition to any practice that is unlawful 
under the Order or similar Federal, state or local laws, and to the 
exercise of any other right protected by the Order. The proposal is 
consistent with a provision included in OFCCP's Section 503 final rule, 
and it is substantially similar to the counterpart provision in the 
1980 final rule (Sec. 60-1.28). The intent of the proposal is to 
incorporate strengthened provisions that ensure that individuals fully 
enjoy all rights protected under the Order, the regulations and 
comparable Federal, state and local laws without the threat of 
harassment or intimidation.

Section 60-1.34  Violation of a Conciliation Agreement or Letter of 
Commitment

    The proposal contains a clarification that in enforcement 
proceedings related to violation of a conciliation agreement, OFCCP is 
not required to present proof of the underlying violations resolved by 
the agreement. This provision, which reflects OFCCP's current practice 
and which is consistent with OFCCP's Section 503 final rule, is to 
remove any doubt that OFCCP need not litigate claims that have already 
been resolved through the agreement.

Section 60-1.42  Notices to be Posted

    Technical corrections are made to the wording of the poster 
regarding the jurisdictional coverage of Title VII and the address of 
EEOC.

Section 60-1.43  Access to Records and Site of Employment

    Consistent with a provision included in OFCCP's Section 503 final 
rule, the proposal specifies that computerized records are among the 
records to which the contractor shall permit OFCCP access for 
inspection and copying. In addition, the proposal specifies that 
contractors must permit OFCCP access to their premises for the purpose 
of conducting compliance evaluations and complaint investigations (the 
current regulation mentions only compliance reviews). Further, the 
proposal revises the list of uses which can be made of information 
OFCCP obtains from a contractor, to include the administration of other 
laws that are enforced, in whole or in part, by OFCCP.

Part 60-60--Contractor Evaluation Procedures for Contractors for 
Supplies and Services

    Part 60-60 is to be deleted. Most of part 60-60 is properly 
characterized as internal operating procedures. A number of the 
procedures have been incorporated into OFCCP's Federal Contract 
Compliance Manual, and the provisions regarding confidentiality of data 
furnished to OFCCP by contractors are proposed to be incorporated into 
part 60-1. Specifically, provisions currently found at Secs. 60-
60.2(a), 60-60.3(a)(3), 60-60.3(d) and 60-60.4(a-d) will be 
incorporated into Sec. 60-1.20 with minor changes. The 1980 final rule, 
and the 1981 proposal, would have made similar revisions to part 60-60.

Regulatory Procedures

Executive Order 12866

    The Department is issuing this proposed rule in conformance with 
Executive Order 12866. This proposal has been determined to be 
significant for purposes of Executive Order 12866 and therefore has 
been reviewed by OMB. This proposal does not meet the criteria of 
Section 3(f)(1) of Executive Order 12866 and therefore the information 
enumerated in Section 6(a)(3)(C) of that Order is not required.
    In accordance with section 6 of Executive Order 12866, an 
assessment of the potential costs and benefits of the proposal has been 
made. Potential costs and benefits of record retention and 
certification proposals are discussed below in the sections on the 
Regulatory Flexibility Act and the Paperwork Reduction Act. As noted 
therein, this proposal would significantly reduce the compliance burden 
on the contractor community by eliminating the segregated facilities 
certification requirement. OFCCP anticipates publishing an additional 
proposal relating to 41 CFR part 60-2 and the requirements of written 
affirmative action programs that would, if adopted, further reduce the 
burdens on contractors. OFCCP's goal in proposing regulatory changes is 
to streamline its existing regulations and to reinvent its current 
processes in order make both contractor compliance and agency 
enforcement more efficient and cost effective. Therefore, OFCCP invites 
comments on additional ways to reduce compliance burdens such as 
simplified compliance procedures for small contractors.

Regulatory Flexibility Act

    The proposed rule, if promulgated, will not have a significant 
economic impact on a substantial number of small business entities. A 
requirement that records be maintained for one to two years (depending 
upon contractor size) might result in a slight additional storage 
burden for some small entities; conversely, small entities and other 
contractors would benefit from the elimination of the segregated 
facilities certification. Therefore, a regulatory flexibility analysis 
under the Regulatory Flexibility Act is not required.

Paperwork Reduction Act

    The proposed rule would slightly revise information collection 
requirements currently approved by OMB under the Paperwork Reduction 
Act (44 U.S.C. 3501, et seq.).
    As previously stated, withdrawing the certification requirement 
will significantly reduce compliance burdens on contractors. The 
Government lets approximately 350,000 prime contracts each year. If it 
is assumed that each prime contract results in an average of four

[[Page 25522]]

subcontracts, and that it takes about one-half hour to prepare and 
submit the written certification, eliminating the certification 
requirement would reduce compliance burdens on the contractor community 
by roughly 875,000 hours. This estimate may significantly understate 
the savings; many contractors annually solicit the certification from 
all of their prospective vendors rather than limiting their request to 
those firms that actually are subcontractors on Federal projects.
    Although for contractors with 150 or more employees and a contract 
of $150,000 or more this proposal extends to two years the current 
obligations such contractors already have under Title VII and the ADA 
to retain records for one year, there will be only a minimal increase 
in burden imposed on contractors as a result of this change. A similar 
conclusion was reached by EEOC in 1991 when it doubled its existing 
six-month retention period under Title VII to one year--an obligation 
that applies to a significantly larger universe of employers than does 
the obligation under the Executive Order. See 56 FR 35753 (July 26, 
1991). Employers, especially larger ones, are increasingly maintaining 
electronic records. Where this is the case, compliance with the 
requirement will impose little or no additional burden. In many cases, 
additional storage space would be needed only for applications of 
persons not hired (which generally are not cost effective to record and 
store electronically).
    In addition, the proposal makes this retention obligation 
applicable to a broader range of records than was previously required 
by the Executive Order regulations. However, this proposal would 
conform the obligation to the analogous requirement under EEOC's 
regulations (29 CFR 1602.14) issued pursuant to Title VII and the ADA.
    OFCCP solicits comments concerning the proposed revisions to the 
collections of information contained in this proposed rule. OFCCP 
solicits comments to: (i) Evaluate whether the proposed collection of 
information is necessary for the proper performance of the functions of 
the agency, including whether the information will have practical 
utility; (ii) evaluate the accuracy of the agency's estimate of the 
burden of the proposed collection of information, including the 
validity of the methodology and assumptions used; (iii) enhance the 
quality, utility, and clarity of the information to be collected; and 
(iv) minimize the burden of the collection of information on those who 
are to respond, including through the use of appropriate automated, 
electronic, mechanical, or other technological collection techniques or 
other forms of information technology, e.g., permitting electronic 
submission of responses.
    The revised collections of information contained in this proposed 
rule have been submitted to OMB for review under section 3507(d) of the 
Paperwork Reduction Act of 1995. Written comments on these proposed 
information collection revisions may also be sent to the Office of 
Information and Regulatory Affairs, Office of Management and Budget, 
Attention: Desk Officer for Employment Standards, Washington, D.C. 
20503.

Unfunded Mandates Reform Act

    The proposed rule, if promulgated, will not include any Federal 
mandate that may result in the expenditure by state, local and tribal 
governments in the aggregate, or by the private sector, of $100,000,000 
or more in any one year.

List of Subjects

41 CFR Part 60-1

    Administrative practice and procedure, Civil rights, Employment, 
Equal employment opportunity, Government contracts, Government 
procurement, Investigations, Reporting and recordkeeping requirements.

41 CFR Part 60-60

    Equal employment opportunity, Government procurement, Reporting and 
recordkeeping requirements.

    Signed at Washington, D.C., this 10th day of May, 1996.
Robert B. Reich,
Secretary of Labor.
Bernard E. Anderson,
Assistant Secretary for Employment Standards.
Shirley J. Wilcher,
Deputy Assistant Secretary for Federal Contract Compliance.

    Accordingly, part 60-1 of the rule amending 41 CFR chapter 60 
published on December 30, 1980 (45 FR 86216), which was delayed 
indefinitely at 46 FR 42865, is proposed to be withdrawn; the proposed 
rule published on August 25, 1981 (46 FR 42968; supplemented at 47 FR 
17770, April 23, 1982) is hereby withdrawn in its entirety; and under 
the authority of Executive Order 11246, as amended, Title 41 of the 
Code of Federal Regulations, chapter 60, is proposed to be amended as 
follows:

 60-1--[AMENDED]

    The authority citation for part 60-1 continues to read as follows:

    Authority: Sec. 201, E.O. 11246 (30 FR 12319), as amended by 
E.O. 12086.

    2. Section 60-1.3 is amended by removing the definitions of 
Director and Rules, regulations, and relevant orders of the Secretary 
of Labor, by revising the definitions of Contract, Government contract, 
Subcontract and United States, and by adding, in alphabetical order, 
the definitions of Compliance evaluation and Deputy Assistant Secretary 
to read as follows:

Sec. 60-1.3  Definitions.

* * * * *
    Compliance evaluation means any one or combination of actions OFCCP 
may take to examine a Federal contractor or subcontractor's compliance 
with one or more of the Executive Order 11246 requirements.
* * * * *
    Contract means any Government contract or subcontract or any 
federally assisted construction contract or subcontract.
* * * * *
    Deputy Assistant Secretary means the Deputy Assistant Secretary for 
Federal Contract Compliance Programs, United States Department of 
Labor, or his or her designee.
* * * * *
    Government contract means any agreement or modification thereof 
between any contracting agency and any person for the purchase, sale or 
use of personal property or nonpersonal services. The term ``personal 
property,'' as used in this section, includes supplies, and contracts 
for the use of real property (such as lease arrangements), unless the 
contract for the use of real property itself constitutes real property 
(such as easements). The term ``nonpersonal services'' as used in this 
section includes, but is not limited to, the following services: 
Utilities, construction, transportation, research, insurance, and fund 
depository. The term Government contract does not include:
    (1) Agreements in which the parties stand in the relationship of 
employer and employee; and
    (2) Federally assisted construction contracts.
* * * * *
    Subcontract means any agreement or arrangement between a contractor 
and any person (in which the parties do not stand in the relationship 
of an employer and an employee):
    (1) For the purchase, sale or use of personal property or 
nonpersonal services which, in whole or in part, is necessary to the 
performance of any one or more contracts; or

[[Page 25523]]

    (2) Under which any portion of the contractor's obligation under 
any one of more contracts is performed, undertaken or assumed.
* * * * *
    United States, as used herein, shall include the several States, 
the District of Columbia, the Virgin Islands, the Commonwealth of 
Puerto Rico, Guam, American Samoa, the Commonwealth of the Northern 
Mariana Islands, and Wake Island.
    3. Section 60-1.8 is revised to read as follows:

Sec. 60-1.8  Segregated facilities.

    To comply with its obligations under the Order, a contractor must 
ensure that facilities provided for employees are provided in such a 
manner that segregation on the basis of race, color, religion, sex or 
national origin cannot result. The contractor may neither require such 
segregated use by written or oral policies nor tolerate such use by 
employee custom. The contractor's obligation extends further to 
ensuring that its employees are not assigned to perform their services 
at any location, under the contractor's control, where the facilities 
are segregated. This obligation extends to all contracts containing the 
equal opportunity clause regardless of the amount of the contract. The 
term ``facilities,'' as used in this section, means waiting rooms, work 
areas, restaurants and other eating areas, time clocks, restrooms, wash 
rooms, locker rooms, and other storage or dressing areas, parking lots, 
drinking fountains, recreation or entertainment areas, transportation, 
and housing provided for employees: Provided, That separate or single-
user restrooms and necessary dressing or sleeping areas shall be 
provided to assure privacy between the sexes.
    4. A new Sec. 60-1.12 is added to subpart A to read as follows:

Sec. 60-1.12  Record retention.

    (a) General requirements. Any personnel or employment record made 
or kept by the contractor shall be preserved by the contractor for a 
period of not less than two years from the date of the making of the 
record or the personnel action involved, whichever occurs later. 
However, if the contractor has fewer than 150 employees or does not 
have a Government contract of at least $150,000, the minimum record 
retention period shall be one year from the date of the making of the 
record or the personnel action involved, whichever occurs later. Such 
records include, but are not necessarily limited to, records pertaining 
to hiring, assignment, promotion, demotion, transfer, lay-off or 
termination, rates of pay or other terms of compensation, and selection 
for training or apprenticeship, and other records having to do with 
requests for reasonable accommodation, the results of any physical 
examination, job advertisements and postings, applications and resumes, 
tests and test results, and interview notes. In the case of involuntary 
termination of an employee, the personnel records of the individual 
terminated shall be kept for a period of not less than two years from 
the date of the termination, except that contractors that have fewer 
than 150 employees or that do not have a Government contract of at 
least $150,000 shall keep such records for a period of not less than 
one year from the date of the termination. Where the contractor has 
received notice that a complaint of discrimination has been filed, that 
a compliance evaluation has been initiated, or that an enforcement 
action has been commenced, the contractor shall preserve all personnel 
records relevant to the complaint, compliance evaluation or enforcement 
action until final disposition of the complaint, compliance evaluation 
or enforcement action. The term ``personnel records relevant to the 
complaint,'' for example, would include personnel or employment records 
relating to the complainant and to all other employees holding 
positions similar to that held or sought by the complainant and 
application forms or test papers submitted by unsuccessful applicant 
and by all other candidates for the same position as that for which the 
complainant unsuccessfully applied. Where a compliance evaluation has 
been initiated, all personnel and employment records described above 
are relevant until OFCCP makes a final disposition of the evaluation.
    (b) Affirmative action programs. A contractor establishment 
required under Sec. 60-1.40 to develop a written affirmative action 
program (AAP) shall maintain its current AAP and documentation of good 
faith effort, and shall preserve its AAP and documentation of good 
faith effort for the immediately preceding AAP year, unless it was not 
then covered by the written AAP requirement.
    (c) Failure to preserve records. Failure to preserve complete and 
accurate records as required by paragraphs (a) and (b) of this section 
constitutes noncompliance with the contractor's obligations under the 
Executive Order and this part. Where the contractor has destroyed or 
failed to preserve records as required by this section, there may be a 
presumption that the information destroyed or not preserved would have 
been unfavorable to the contractor: Provided, That this presumption 
shall not apply where the contractor shows that the destruction or 
failure to preserve records results from circumstances that are outside 
of the contractor's control.
    (d) The requirements of this section shall apply only to records 
made or kept on or after [30 days after date of publication of final 
rule].
    5. In Sec. 60-1.20, the section heading and paragraphs (a) and (d) 
are revised and paragraphs (e), (f) and (g) are added to read as 
follows:

Sec. 60-1.20  Compliance evaluations.

    (a) OFCCP may conduct compliance evaluations to determine if the 
prime contractor or subcontractor maintains nondiscriminatory hiring 
and employment practices and is taking affirmative action to ensure 
that applicants are employed and that employees are placed, trained, 
upgraded, promoted, and otherwise treated during employment without 
regard to race, color, religion, sex, or national origin. A compliance 
evaluation may consist of any one of the following or any combination 
thereof:
    (1) A compliance review, which consists of comprehensive analysis 
and evaluation of each aspect of the aforementioned practices, 
policies, and conditions resulting therefrom;
    (2) An off-site review of records, which could consist of a full 
desk audit, a review of the contractor's affirmative action plan or 
parts thereof, or a review of particular records such as personnel 
activity data;
    (3) A compliance check, where OFCCP ascertains whether or not the 
contractor has maintained records consistent with Sec. 60-1.12 and/or 
has developed an AAP consistent with Sec. 60-1.40; or
    (4) A focused review, where OFCCP restricts its on-site review to 
one or more components of the contractor's organization or one or more 
aspects of the contractor's employment practices.
* * * * *
    (d) Preaward compliance evaluations. Each agency shall include in 
the invitation for bids for each formally advertised nonconstruction 
contract or state at the outset of negotiations for each negotiated 
contract, that if the award, when let, should exceed the amount of $1 
million or more, the prospective contractor and its known first-tier 
subcontractors with subcontracts of $1 million or more may be subject 
to a compliance evaluation before the award of the contract. The 
awarding agency will notify OFCCP and request appropriate action and 
findings

[[Page 25524]]

in accordance with this subsection. Within 15 days of the notice OFCCP 
will inform the awarding agency of its intention to conduct a preaward 
review. If OFCCP does not inform the awarding agency within that period 
of its intention to conduct a preaward review, clearance shall be 
presumed and the awarding agency is authorized to proceed with the 
award. If OFCCP informs the awarding agency of its intention to conduct 
a preaward review, OFCCP shall be allowed an additional 20 days after 
the date that it so informs the awarding agency to provide its 
conclusions. If OFCCP does not provide the awarding agency with its 
conclusions within that period, clearance shall be presumed and the 
awarding agency is authorized to proceed with the award.
    (e) Each prime contractor or subcontractor with 50 or more 
employees and a contract of $50,000 or more is required to develop a 
written affirmative action program for each of its establishments 
(Sec. 60-1.40). If a contractor fails to submit an affirmative action 
program and supporting documents, including the workforce analysis, 
within 15 days of a request, the enforcement procedures specified in 
Sec. 60-1.26(b) shall be applicable. Contractors may reach agreement 
with OFCCP on nationwide AAP formats or on frequency of updating 
statistics.
    (f) Confidentiality and relevancy of information. If the contractor 
is concerned with the confidentiality of such information as lists of 
employee names, reasons for termination, or pay data, then alphabetic 
or numeric coding or the use of an index of pay and pay ranges, 
consistent with the ranges assigned to each job group, are acceptable 
for desk audit purposes. The contractor must provide full access to all 
relevant data on-site as required by Sec. 60-1.43. Where necessary, the 
compliance officer may take information made available during the on-
site evaluation off-site for further analysis. An off-site analysis 
should be conducted where issues have arisen concerning deficiencies or 
an apparent violation which, in the judgment of the compliance officer, 
should be more thoroughly analyzed off-site before a determination of 
compliance is made. The contractor must provide all data determined by 
the compliance officer to be necessary for off-site analysis. Such data 
may only be coded if the contractor makes the code available to the 
compliance officer. If the contractor believes that particular 
information which is to be taken off-site is not relevant to compliance 
with the Executive Order, the contractor may request a ruling by the 
OFCCP District/Area Director. The OFCCP District/Area Director shall 
issue a ruling promptly. The contractor may appeal that ruling to the 
OFCCP Regional Director within 10 days of receipt. The Regional 
Director shall issue a final ruling promptly. Pending a final ruling, 
such information may not be copied by OFCCP and access to the 
information shall be limited to the compliance officer and personnel 
involved in the determination of relevancy. Data determined to be not 
relevant to the investigation will be returned to the contractor 
immediately.
    (g) Public access to information. The disclosure of information 
obtained from a contractor will be evaluated pursuant to the public 
inspection and copying provisions of the Freedom of Information Act, 5 
U.S.C. 552, and the Department of Labor's implementing regulations at 
29 CFR part 70.
    6. Section 60-1.26 is revised to read as follows:

Sec. 60-1.26   Enforcement proceedings.

    (a) General. (1) Violations of the Order, the equal opportunity 
clause, the regulations in this chapter, or applicable construction 
industry equal employment opportunity requirements, may result in the 
institution of administrative or judicial enforcement proceedings. 
Violations may be found based upon, inter alia, any of the following:
    (i) The results of a complaint investigation;
    (ii) The results of a compliance review;
    (iii) The results of a compliance evaluation;
    (iv) Analysis of an affirmative action program;
    (v) The results of an on-site review of the contractor's compliance 
with the Order and its implementing regulations;
    (vi) A contractor's refusal to submit an affirmative action 
program;
    (vii) A contractor's refusal to allow an on-site compliance 
evaluation to be conducted;
    (viii) A contractor's refusal to establish, maintain and supply 
records or other information as required by the regulations in this 
chapter or applicable construction industry requirements;
    (ix) A contractor's alteration or falsification of records and 
information required to be maintained by the regulations in this 
chapter; or
    (x) Any substantial or material violation or the threat of a 
substantial or material violation of the contractual provisions of the 
Order, or of the rules or regulations in this chapter.
    (2) OFCCP may seek back pay and other make whole relief for victims 
of discrimination identified during a complaint investigation or 
compliance evaluation. Such individuals need not have filed a complaint 
as a prerequisite to OFCCP seeking such relief on their behalf. 
Interest on back pay shall be calculated from the date of the loss and 
compounded quarterly at the percentage rate established by the Internal 
Revenue Service for the underpayment of taxes.
    (b) Administrative enforcement. (1) OFCCP may refer matters to the 
Solicitor of Labor with a recommendation for the institution of 
administrative enforcement proceedings, which may be brought to enjoin 
violations, to seek appropriate relief, and to impose appropriate 
sanctions. The referral may be made when violations have not been 
corrected in accordance with the conciliation procedures in this 
chapter, or when OFCCP determines that referral for consideration of 
formal enforcement (rather than settlement) is appropriate. However, if 
a contractor refuses to submit an affirmative action program, or 
refuses to supply records or other requested information, or refuses to 
allow OFCCP access to its premises for an on-site review, and if 
conciliation efforts under this chapter are unsuccessful, OFCCP may 
immediately refer the matter to the Solicitor, notwithstanding other 
requirements of this chapter.
    (2) Administrative enforcement proceedings shall be conducted under 
the control and supervision of the Solicitor of Labor and under the 
Rules of Practice for Administrative Proceedings to Enforce Equal 
Opportunity under Executive Order 11246 contained in part 60-30 of this 
chapter and the Rules of Evidence set out in the Rules of Practice and 
Procedure for Administrative Hearings Before the Office of 
Administrative Law Judges contained in 29 CFR part 18, subpart B: 
Provided, That a Final Administrative Order shall be issued within one 
year from the date of the issuance of the recommended findings, 
conclusions and decision of the Administrative Law Judge, or the 
submission of any exceptions and responses to exceptions to such 
decision (if any), whichever is later.
    (c) Referrals to the Department of Justice. (1) The Deputy 
Assistant Secretary may refer matters to the Department of Justice with 
a recommendation for the institution of judicial enforcement 
proceedings. There are no procedural prerequisites to a referral to the 
Department of Justice. Such referrals may be accomplished without 
proceeding through the conciliation procedures in this chapter,

[[Page 25525]]

and a referral may be made at any stage in the procedures under this 
chapter.
    (2) Whenever a matter has been referred to the Department of 
Justice for consideration of judicial enforcement, the Attorney General 
may bring a civil action in the appropriate district court of the 
United States requesting a temporary restraining order, preliminary or 
permanent injunction (including relief against noncontractors, 
including labor unions, who seek to thwart the implementation of the 
Order and regulations), and an order for such additional sanctions or 
relief, including back pay, deemed necessary or appropriate to ensure 
the full enjoyment of the rights secured by the Order, or any of the 
above in this paragraph (c)(2).
    (3) The Attorney General is authorized to conduct such 
investigation of the facts as he/she may deem necessary or appropriate 
to carry out his/her responsibilities under the regulations in this 
chapter.
    (4) Prior to the institution of any judicial proceedings, the 
Attorney General, on behalf of the Deputy Assistant Secretary, is 
authorized to make reasonable efforts to secure compliance with the 
contract provisions of the Order. The Attorney General may do so by 
providing the contractor and any other respondent with reasonable 
notice of his/her findings, his/her intent to file suit, and the 
actions he/she believes necessary to obtain compliance with the 
contract provisions of the Order without contested litigation, and by 
offering the contractor and any other respondent a reasonable 
opportunity for conference and conciliation, in an effort to obtain 
such compliance without contested litigation.
    (5) As used in the regulations in this part, the Attorney General 
shall mean the Attorney General, the Assistant Attorney General for 
Civil Rights, or any other person authorized by regulations or practice 
to act for the Attorney General with respect to the enforcement of 
equal employment opportunity laws, orders and regulations generally, or 
in a particular matter or case.
    (6) The Deputy Assistant Secretary or his/her designee, and 
representatives of the Attorney General may consult from time to time 
to determine what investigations should be conducted to determine 
whether contractors or groups of contractors or other persons may be 
engaged in patterns or practices in violation of the Executive Order or 
these regulations, or of resistance to or interference with the full 
enjoyment of any of the rights secured by them, warranting judicial 
proceedings.
    (d) Initiation of lawsuits by the Attorney General without referral 
from the Deputy Assistant Secretary. In addition to initiating lawsuits 
upon referral under this section, the Attorney General may, subject to 
approval by the Deputy Assistant Secretary, initiate independent 
investigations of contractors which he/she has reason to believe may be 
in violation of the Order or the rules and regulations issued pursuant 
thereto. If, upon completion of such an investigation, the Attorney 
General determines that the contractor has in fact violated the Order 
or the rules and regulations issued thereunder, he/she shall make 
reasonable efforts to secure compliance with the contract provisions of 
the Order. He/she may do so by providing the contractor and any other 
respondent with reasonable notice of the Department of Justice's 
findings, its intent to file suit, and the actions that the Attorney 
General believes are necessary to obtain compliance with the contract 
provisions of the Order without contested litigation, and by offering 
the contractor and any other respondent a reasonable opportunity for 
conference and conciliation in an effort to obtain such compliance 
without contested litigation. If these efforts are unsuccessful, the 
Attorney General may, upon approval by the Deputy Assistant Secretary, 
bring a civil action in the appropriate district court of the United 
States requesting a temporary restraining order, preliminary or 
permanent injunction, and an order for such additional sanctions or 
equitable relief, including back pay, deemed necessary or appropriate 
to ensure the full enjoyment of the rights secured by the Order or any 
of the above in this paragraph (d).
    (e) To the extent applicable, this section and part 60-30 of this 
chapter shall govern proceedings resulting from any Deputy Assistant 
Secretary's determinations under Sec. 60-2.2(b) of this chapter.
    7. Section 60-1.27 is revised to read as follows:

Sec. 60-1.27  Sanctions.

    (a) General. The sanctions described in subsections (1), (5), and 
(6) of Section 209(a) of the Order may be exercised only by or with the 
approval of the Deputy Assistant Secretary. Referral of any matter 
arising under the Order to the Department of Justice or to the Equal 
Employment Opportunity Commission shall be made by the Deputy Assistant 
Secretary.
    (b) Debarment. A contractor may be debarred from receiving future 
contracts or modifications or extensions of existing contracts, subject 
to reinstatement pursuant to Sec. 60-1.31, for any violation of 
Executive Order 11246 or the implementing rules, regulations and orders 
of the Secretary of Labor. Debarment may be imposed for an indefinite 
term or for a fixed minimum period of at least six months.
    8. Section 60-1.30 is revised to read as follows:

Sec. 60-1.30  Notification of agencies.

    The Deputy Assistant Secretary shall ensure that the heads of all 
agencies are notified of any debarments taken against any contractor.
    9. Section 60-1.31 is revised to read as follows:

Sec. 60-1.31  Reinstatement of ineligible prime contractors and 
subcontractors.

    A prime contractor or subcontractor debarred from further contracts 
for an indefinite period under the Order may request reinstatement in a 
letter filed with the Deputy Assistant Secretary at any time after the 
effective date of the debarment; a prime contractor or subcontractor 
debarred for a fixed period may make such a request upon the expiration 
of the fixed debarment period. In connection with the reinstatement 
proceedings, all debarred contractors shall be required to show that 
they have established and will carry out employment policies and 
practices in compliance with the Order and implementing regulations. 
Before reaching a decision, the Deputy Assistant Secretary may conduct 
a compliance evaluation of the contractor and may require the 
contractor to supply additional information regarding the request for 
reinstatement. The Deputy Assistant Secretary shall issue a written 
decision on the request.
    10. Section 60-1.32 is revised to read as follows:

Sec. 60-1.32  Intimidation and interference.

    (a) The contractor, subcontractor or applicant shall not harass, 
intimidate, threaten, coerce, or discriminate against any individual 
because the individual has engaged in or may engage in any of the 
following activities:
    (1) Filing a complaint;
    (2) Assisting or participating in any manner in an investigation, 
compliance evaluation, hearing, or any other activity related to the 
administration of the Order or any other Federal, state or local law 
requiring equal opportunity;
    (3) Opposing any act or practice made unlawful by the Order or any 
other Federal, state or local law requiring equal opportunity; or
    (4) Exercising any other right protected by the Order.
    (b) The contractor, subcontractor or applicant shall ensure that 
all persons under its control do not engage in such

[[Page 25526]]

harassment, intimidation, threats, coercion or discrimination. The 
sanctions and penalties contained in this part may be exercised by 
OFCCP against any contractor, subcontractor or applicant who violates 
this obligation.
    11. In Sec. 60-1.34, paragraph (a)(4) is added to read as follows:

Sec. 60-1.34  Violation of a conciliation agreement or letter of 
commitment.

    (a) * * *
    (4) In any proceeding involving an alleged violation of a 
conciliation agreement OFCCP may seek enforcement of the agreement 
itself and shall not be required to present proof of the underlying 
violations resolved by the agreement.
* * * * *
    12. Section 60-1.42 is amended by revising paragraph (a) to read as 
follows:

Sec. 60-1.42  Notices to be posted.

    (a) Unless alternative notices are prescribed by the Deputy 
Assistant Secretary, the notices which prime contractors and 
subcontractors are required to post by paragraphs (1) and (3) of the 
equal opportunity clause in Sec. 60-1.4 will contain the following 
language and be provided by the contracting or administering agencies:

EQUAL EMPLOYMENT OPPORTUNITY IS THE LAW--DISCRIMINATION IS PROHIBITED 
BY THE CIVIL RIGHTS ACT OF 1964 AND BY EXECUTIVE ORDER No. 11246

    Title VII of the Civil Rights Act of 1964-Administered by: 

THE EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

    Prohibits discrimination because of Race, Color, Religion, Sex, 
or National Origin by Employers with 15 or more employees, by Labor 
Organizations, by Employment Agencies, and by Apprenticeship or 
Training Programs.

ANY PERSON

    Who believes he or she has been discriminated against

SHOULD CONTACT

THE EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

    1801 L Street N.W., Washington, D.C. 20507
    Executive Order No. 11246-Administered by:

THE OFFICE OF FEDERAL CONTRACT COMPLIANCE PROGRAMS

    Prohibits discrimination because of Race, Color, Religion, Sex, 
or National Origin, and requires affirmative action to ensure 
equality of opportunity in all aspects of employment.
    By all Federal Government Contractors and Subcontractors, and by 
Contractors Performing Work Under a Federally Assisted Construction 
Contract, regardless of the number of employees in either case.

ANY PERSON

    Who believes he or she has been discriminated against

SHOULD CONTACT

THE OFFICE OF FEDERAL CONTRACT COMPLIANCE PROGRAMS

    U.S. Department of Labor, Washington, D.C. 20210
* * * * *
    13. Section 60-1.43 is revised to read as follows:

Sec. 60-1.43  Access to records and site of employment.

    Each prime contractor and subcontractor shall permit access during 
normal business hours to its premises for the purpose of conducting on-
site compliance evaluations and complaint investigations. Each 
contractor shall permit the inspecting and copying of such books and 
accounts and records, including computerized records, and other 
material as may be relevant to the matter under investigation and 
pertinent to compliance with the Order, and the rules and regulations 
promulgated pursuant thereto by the agency, or the Deputy Assistant 
Secretary. Information obtained in this manner shall be used only in 
connection with the administration of the Order, the Civil Rights Act 
of 1964 (as amended), and any other law that is or may be enforced in 
whole or in part by OFCCP.

PART 60-60--[REMOVED]

    14. Part 60-60 is removed.

[FR Doc. 96-12687 Filed 5-20-96; 8:45 am]
BILLING CODE 4510-27-P

Complete official Federal Register PDF

FR Doc. 96-12662 Contract Program for Veterans With Alcohol and Drug Dependence Disorders

[Federal Register Volume 61, Number 99 (Tuesday, May 21, 1996)]
[Proposed Rules]
[Pages 25428-25429]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-12662]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF VETERANS AFFAIRS

38 CFR Part 17

RIN 2900-AH77

Contract Program for Veterans With Alcohol and Drug Dependence 
Disorders

AGENCY: Department of Veterans Affairs.

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: This document proposes to amend 38 CFR Part 17 by modifying 
eligibility criteria for veterans participating by contract in the 
Department of Veterans Affairs' program of alcohol and drug dependence 
or abuse treatment and rehabilitation in residential and nonresidential 
facilities. Current regulations stipulate that, prior to participation 
in contract care under this program, veterans must be provided hospital 
care in facilities over which the Secretary has direct jurisdiction. It 
is proposed to change the regulations to stipulate that, prior to 
participation in contract care, veterans must have been or must be 
receiving care (regardless of whether it was or is hospital care) by 
professional staff over whom the Secretary has jurisdiction (regardless 
of whether it is direct jurisdiction). The proposed elimination of the 
requirement of ``hospital care'' appears to be necessary to address 
changed clinical practices and continue the intended program. In the 
past, substance abuse treatment generally was provided in a hospital 
setting. Now, much substance abuse treatment also is provided in an 
ambulatory care or residential setting. Also, the proposal to change 
``direct jurisdiction of the Secretary'' to ``jurisdiction of the 
Secretary'' would allow for continuation of any cases in which VA has 
had involvement (including, among other things, fee basis care) and 
thereby help ensure that a complete course of treatment is provided.

DATES: Comments must be received on or before July 22, 1996.

ADDRESSES: Mail written comments concerning these proposed regulations 
to: Director, Office of Regulations Management (02D), Department of 
Veterans Affairs, 810 Vermont Avenue, NW., Washington, DC 20420; or 
hand deliver written comments to: Office of Regulations Management, 
Room 1176, 801 Eye Street, NW., Washington, DC 20001. Comments should 
indicate that they are submitted in response to ``RIN 2900-AH77.'' All 
written comments are available for public inspection in the Office of 
Regulations Management, Room 1176, 801 Eye Street, NW., Washington, DC 
20001 between the hours of 8:00 a.m. and 4:30 p.m., Monday through 
Friday (except holidays).

FOR FURTHER INFORMATION CONTACT: Karen G. Boies, Ph. D., Deputy 
Associate Director for Addictive Disorders and Psychiatric 
Rehabilitation, Veterans Health Administration, Department of Veterans 
Affairs, (202) 565-7316.

SUPPLEMENTARY INFORMATION: This proposed rule is authorized under 
provisions of 38 U.S.C. 501 and 38 U.S.C. 1720A.
    The Secretary hereby certifies that the provisions of the proposed 
rule would not have a significant economic impact on a substantial 
number of small entities as they are defined in the Regulatory 
Flexibility Act, 5 U.S.C. 601-612. There does not appear to be a basis 
for considering special provisions for small entities since, in all 
likelihood, only entities that are small entities would conduct 
activities affected by this rule. Also, because of budgetary 
constraints and the high utilization of this program, we anticipate no 
change in the total number of bed days of care paid by VA to 
participating small entities. Therefore, pursuant to 5 U.S.C. 605(b), 
this rule is exempt from the initial and final regulatory flexibility 
analyses requirements of sections 603 and 604.

List of Subjects in 38 CFR Part 17

    Alcoholism, Claims, dental health, Drug abuse, Foreign relations, 
Government contracts, Grant program--health, Health care, Health 
facilities, Health professions, Medical devices, Medical research, 
Mental health programs, Nursing homes, Philippines, Veterans.

    Approved: February 20, 1996.
Jesse Brown,
Secretary of Veterans Affairs.

    For the reasons set out in the preamble, 38 CFR part 17 is proposed 
to be amended as follows:

PART 17--MEDICAL

    1. The authority citation for part 17 continues to read as follows:

    Authority: 38 U.S.C. 501, 1721, unless otherwise noted.

    2. In section 17.80, paragraph (a)(1) is revised to read as 
follows:

Sec. 17.80  Alcohol and drug dependence or abuse treatment and 
rehabilitation in residential and nonresidential facilities by 
contract.

    (a) * * *
    (1) Veterans who have been or are being furnished care by 
professional

[[Page 25429]]

staff over which the Secretary has jurisdiction and such transitional 
care is reasonably necessary to continue treatment.
* * * * *
[FR Doc. 96-12662 Filed 5-20-96; 8:45 am]
BILLING CODE 8320-01-P

Complete official Federal Register PDF

FR Doc. 96-12628 Acquisition Regulation; Source Selection Process

[Federal Register Volume 61, Number 99 (Tuesday, May 21, 1996)]
[Proposed Rules]
[Pages 25440-25443]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-12628]

=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

48 CFR Parts 1515 and 1552

[FRL-5505-3]

Acquisition Regulation; Source Selection Process

AGENCY: Environmental Protection Agency.

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
revise its acquisition regulation (48 CFR Chapter 15) coverage on the 
source selection process. EPA is aware that Part 15 of the Federal 
Acquisition Regulation is currently undergoing revision. The Agency 
believes that its changes will not conflict with any subsequent 
revisions to Part 15. Additionally, the Agency believes that the 
changes to its acquisition regulation are needed now as an interim 
measure to streamline the process and empower Contracting Officers at 
EPA. This rule is also necessary to implement portions of the Federal 
Acquisition Streamlining Act of 1994.

DATE: Comments should be submitted not later than July 22, 1996.

[[Page 25441]]

ADDRESSES: Written comments should be submitted to the contact listed 
below at the following address: U.S. Environmental Protection Agency, 
Office of Acquisition Management (3802F), 401 M Street SW., Washington, 
DC 20460. Comments and data may also be submitted electronically by 
sending electronic mail (e-mail) to: Senzel.L[email protected]. 
Electronic comments must be submitted as an ASCII file avoiding the use 
of special characters and any form of encryption. Comments and data 
will also be accepted on disks in WordPerfect in 5.1 format or ASCII 
file format. No Confidential Business Information (CBI) should be 
submitted through e-mail. Electronic comments on this proposed rule may 
be filed on-line at many Federal Depository Libraries.

FOR FURTHER INFORMATION CONTACT: Louise Senzel, Environmental 
Protection Agency, Office of Acquisition Management (3802F), 401 M 
Street SW., Washington, DC 20460. Telephone: (202) 260-6204.

SUPPLEMENTARY INFORMATION:

A. Executive Order 12866

    The proposed rule is not a significant regulatory action for the 
purposes of Executive Order 12866; therefore, no review is required by 
the Office of Information and Regulatory Affairs.

B. Paperwork Reduction Act

    The Paperwork Reduction Act does not apply because this proposed 
rule does not contain information collection requirements that require 
the approval of OMB under the Paperwork Reduction Act of 1980 (44 
U.S.C. 3501 et seq.)

C. Regulatory Flexibility Act

    The EPA certifies that this proposed rule does not exert a 
significant economic impact on a substantial number of small entities. 
The requirements to contractors under the proposed rule impose no 
reporting, record-keeping, or any compliance costs.

D. Unfunded Mandates

    This proposed rule will not impose unfunded mandates on state or 
local entities, or others.

E. Regulated Entities

    EPA contractors are entities potentially affected by this action. 
Specifically, those entities competing under solicitations for 
negotiated procurements will be affected.

------------------------------------------------------------------------
                 Category                         Regulated entity      
------------------------------------------------------------------------
Industry..................................  EPA Contractors.            
------------------------------------------------------------------------

List of Subjects in 48 CFR Parts 1515 and 1552

    Government procurement.

    Authority: The provisions of this regulation are issued under 5 
U.S.C. 301; Sec. 205(c), 63 Stat. 390, as amended, 40 U.S.C. 486(c).

    Dated: May 7, 1996.
Betty L. Bailey,
Director, Ofice of Acquisition Management.

    Therefore, 48 CFR chapter 15 is proposed to be amended as set forth 
below:

PARTS 1515 AND 1552--[AMENDED]

    1. The authority citations for parts 1515 and 1552 continue to read 
as follows:

    Authority: Sec. 205(c), 63 Stat. 390, as amended, 40 U.S.C. 
486(c).

Sec. 1515.407  [Amended]

    2. Section 1515.407 is amended by removing paragraph (a)(1) and by 
redesignating paragraphs (a) (2) and (3) as (a) (1) and (2).
    3. Section 1515.604 is amended by revising paragraphs (a), (c) and 
(d) to read as follows:

1515.604  Responsibilities and duties.

* * * * *
    (a) Source Selection Official. The Source Selection Official (SSO) 
is the official responsible for overall management of the source 
selection process. Duties of the SSO include, but are not limited to, 
appointing members and chairpersons of the Source Evaluation Board, the 
Technical Evaluation Panel (TEP), and the Business Evaluation Panel 
(BEP); and approving solicitation related documents. However, the 
Contracting Officer is responsible for approving amendments to 
solicitation documents. The SSO may waive the requirement in 
1515.612(a)(v) for at least one member of the TEP to be an individual 
not involved in managing the current contract. The SSO also approves 
the competitive range determination and makes the source selection 
decision.
* * * * *
    (c) Technical Evaluation Panel (TEP). The Program Office has the 
responsibility for developing the technical evaluation criteria and 
statement of work for the solicitation. The TEP has the responsibility 
for evaluating the technical aspects of the offerors' technical 
proposals. Based on the recommendation of the Program Office, the SSO 
has the discretion of assigning this evaluation responsibility to the 
Project Officer, if appropriate, or to the TEP. When offerors' past 
performance is evaluated as part of the technical proposal evaluation 
process, the past performance evaluation shall be conducted by the TEP, 
or by the Contracting Officer and the Project Officer. Based on input 
from the Project Officer, the Contracting Officer has the discretion of 
assigning this responsibility to the TEP or to the Contracting Officer 
and Project Officer.
    (d) Business Evaluation Panel (BEP). (1) The Contracts Office has 
the responsibility for reviewing solicitation evaluation criteria and 
the Statement of Work from a business perspective; evaluating the 
business, pricing, and contractual aspects of the offerors' business 
and technical proposals; and examining other factors such as the 
responsibility of the offerors. Based on the recommendation of the 
Contracting Officer, the SSO has the discretion to designate these 
responsibilities to the Contracting Officer or designating a BEP. 
Sections 1515.612(a) (vi) and (vii) are applicable only when the SSO 
has designated a BEP. (2) When no BEP is convened, the Contracting 
Officer shall perform a preliminary cost evaluation of each offeror's 
cost/price proposal to identify any cost elements that appear 
unreasonable or questionable. When cost analysis is employed, the 
Contracting Officer shall perform a detailed cost analysis of the 
business proposal which includes an evaluation of the offeror's 
subcontracting program, management structure, and any other relevant 
factors which may prevent award to an offeror. This analysis may be 
included in a separate report, in the competitive range determination, 
or in the pre/post-negotiation memorandum.
    4. Section 1515.604-70 is amended by adding paragraph (c) to read 
as follows:

1515.604-70   Personal conflicts of interest.

* * * * *
    (c) Each EPA employee (including special employees) involved in 
source evaluation and selection is required to comply with the Office 
of Government Ethics ethics provisions at 5 CFR part 2635.
    5. Section 1515.605 is amended by revising paragraphs (a) and (b) 
and adding paragraph (c) to read as follows:

1515.605   Evaluation factors.

* * * * *
    (a) The Contracting Officer shall insert the provisions at 
1552.215-70, ``EPA Source Evaluation and Selection Procedures--
Negotiated Procurement'' and either: the provision in 1552.215-

[[Page 25442]]

71, ``Evaluation Factors for Award,'' where all evaluation factors 
other than cost or price when combined are significantly more important 
than cost or price; or the provision in Alternate I to 1552.215-71, 
where all evaluation factors other than cost or price when combined are 
significantly less important than cost or price; or the provision in 
Alternate II to 1552.215-71, where award will be made to the offeror 
with the lowest-evaluated cost or price whose technical proposal meets 
the minimum needs of the Government; or the provision in Alternate III 
where all evaluation factors other than cost or price when combined are 
approximately equal to cost or price. The Contracting Officer may use 
provisions substantially the same as 1552.215-71, Alternate I to 
1552.215-71, Alternate II to 1552.215-71, or Alternate III to 1552.215-
71 without requesting a deviation to the EPAAR.
    (b) Technical evaluation criteria should be prepared in accordance 
with FAR 15.605 and inserted into paragraph (b) of the provision at 
1552.215-71, Alternate I, and Alternate III. If technical evaluation 
criteria are used in Alternate II, the criteria should be prepared in 
accordance with FAR 15.605 and inserted into paragraph (b). When past 
performance is to be used as an evaluation factor, the Contracting 
Officer must develop a criteria for evaluating past performance and 
include such criteria in section M of the solicitation.
    (c) Evaluation Methodologies. Evaluation criteria may be developed 
using methodologies other than numerical scoring, e.g., adjectival 
ratings or color scoring. The relative importance of the evaluation 
criteria must be clearly identified in the solicitation. The 
Contracting Officer should identify and prepare evaluation criteria 
consistent with FAR 15.605.
    6. Section 1515.608 is amended by revising paragraphs (a)(1), 
(b)(1)(ii), and (b)(2)(i); by adding paragraph (b)(3); by removing 
paragraph (c) and by redesignating paragraphs (d) and (e) as (c) and 
(d) to read as follows:

1515.608   Proposal evaluation.

    (a) * * *
    (1) Technical proposals shall be evaluated solely on the factors 
specified in the solicitation and in accordance with FAR 15.608. 
Additionally, the evaluation of technical proposals (including past 
performance factors) shall be accomplished using the scoring plan shown 
below or one specifically developed for the solicitation. Contracting 
Officers may request that the TEP also indicate whether proposals are 
acceptable or unacceptable, and/or whether the offerors' response to 
individual criteria are acceptable or unacceptable.

                              Scoring Plan                              
------------------------------------------------------------------------
             Value                        Descriptive statement         
------------------------------------------------------------------------
0..............................  The factor is not addressed, or is     
                                  totally deficient and without merit.  
1..............................  The factor is addressed, but contains  
                                  deficiencies and/or weaknesses that   
                                  can be corrected only by major or     
                                  significant changes to relevant       
                                  portions of the proposal, or the      
                                  factor is addressed so minimally or   
                                  vaguely that there are widespread     
                                  information gaps. In addition, because
                                  of the deficiencies, weaknesses, and/ 
                                  or information gaps, serious concerns 
                                  exist on the part of the TEP about the
                                  offeror's ability to perform the      
                                  required work.                        
2..............................  Information related to the factor is   
                                  incomplete, unclear, or indicates an  
                                  inadequate approach to, or            
                                  understanding of the factor. The TEP  
                                  believes there is question as to      
                                  whether the offeror would be able to  
                                  perform satisfactorily.               
3..............................  The response to the factor is adequate.
                                  Overall, it meets the specifications  
                                  and requirements, such that the TEP   
                                  believes that the offeror could       
                                  perform to meet the Government's      
                                  minimum requirements.                 
4..............................  The response to the factor is good with
                                  some superior features. Information   
                                  provided is generally clear, and the  
                                  approach is acceptable with the       
                                  possibility of more than adequate     
                                  performance.                          
5..............................  The response to the factor is superior 
                                  in most features. The goal of the     
                                  technical evaluation is to understand 
                                  each offeror's proposal and to assess 
                                  each proposal relative to the         
                                  specified evaluation factors. The TEP 
                                  report(s) should address any perceived
                                  strengths, as well as any perceived   
                                  weaknesses or deficiencies, and risks 
                                  associated with the offerors'         
                                  performance. Scores may or may not    
                                  change from the initial evaluation to 
                                  the supplemental evaluation, depending
                                  on the offeror's response to          
                                  interrogatories. The supplemental TEP 
                                  report must explain the rationale for 
                                  no change in score as well as any     
                                  decrease or increase in score as a    
                                  result of the offeror's response to   
                                  interrogatories.                      
------------------------------------------------------------------------

* * * * *
    (b) * * *
    (1) * * *
    (i) * * *
    (ii) Any interrogatories the Contracting Officer should submit to 
offerors to clarify their technical proposals to address any 
weaknesses, deficiencies, or questions associated with their technical 
proposals. The Contracting Officer may review the technical proposals 
and TEP evaluation, and submit any additional interrogatories deemed 
appropriate.
    (2)(i) A statement that the respective technical evaluation panel 
members are free from actual or potential personal conflicts of 
interest and are in compliance with the Office of Government Ethics 
ethics provisions at 5 CFR Part 2635.
* * * * *
    (3) The Contracting Officer may release the cost/price proposals to 
the entire TEP or solely to the TEP Chairperson, after the TEP has 
completed its evaluation of initial proposals. The TEP or Chairperson 
should evaluate cost/price proposals to determine whether the offerors' 
cost/price proposals adequately reflect their technical proposals and 
the requirements of the solicitation, and demonstrate that the proposed 
price or cost provides an adequate understanding of the requirements of 
the solicitation. Any inconsistencies between the proposals and the 
solicitation requirements should be identified. Any inconsistencies 
between the cost and technical proposals should also be identified.
* * * * *
    7. Section 1515.609 is amended by revising paragraph (c) to read as 
follows:

1515.609  Competitive range.

    (a) * * *
    (b) * * *
    (c)(1) When a single proposal is the only proposal in the 
competitive range, as part of the required discussion in the 
competitive range determination, Contracting Officers shall address at 
a minimum the following factors: whether the requirement could have 
been broken up into smaller components; whether the solicitation 
provided adequate response time; whether the requirement could have 
been satisfied with reduced staffing levels (discussion may be combined 
with the first factor); and if applicable, whether the work required 
onsite could otherwise be performed at a contractor's facility, 
avoiding the cost and logistical implications of relocating employees.
    (2) In cases where only a single proposal has been received and a 
competitive range determination has not been prepared, the discussion 
of the reasons for receipt of the single proposal which otherwise would 
be contained in the competitive range determination shall be included 
in the source selection document. The discussion in the source

[[Page 25443]]

selection document at a minimum shall address the factors referenced in 
paragraph (c)(1) of this section.
    (3) The Contracting Officer shall provide a copy of the competitive 
range determination or source selection document to the Competition 
Advocate for review and concurrence prior to approval.
    8. Section 1515.611 is revised to read as follows:

1515.611  Best and final offers.

    The Contracting Officer shall establish a common cut-off date for 
receipt of revised proposals and/or confirmations of negotiations (best 
and final offers) upon completion of negotiations.
    9. Section 1515.612 is amended by revising paragraphs (a)(1) (iii), 
(iv) and (v); and by adding paragraph (c) to read as follows:

1515.612  Formal source selection.

    (a) * * *
    (1) * * *
    (iii) SEB Membership--The SSO will determine the organizational 
levels of the individuals to serve on the SEB.
    (iv) TEP Chairperson--The SSO will determine, based on the 
recommendation of the requesting program office, the Chairperson of the 
TEP. For recompetes or follow-on contracts, the Chairperson should 
normally not be the incumbent contract's Project Officer.
    (v) TEP Membership--At least two members, in addition to the 
Project Officer, who are knowledgeable of the procurement's technical 
aspects. If the procurement is a follow-on to an existing contract, at 
least one of the TEP members should be someone who is not involved in 
managing the current contract, preferably from outside of the program 
division which originated the requirement. See 1515.605(a) for waiver 
of this requirement.
* * * * *
    (c) Source selection plan. No separate source selection plan is 
required. The Contracting Officer may include the information required 
by FAR 15.612(c) in the individual acquisition plan.
    10. Section 1552.215-70 is revised to read as follows:

1552.215-70  EPA Source Selection and Selection Procedures--Negotiated 
Procurements (XX 1996)

    As prescribed in 1515.605, insert the following provision.

EPA Source Selection and Selection Procedures--Negotiated Procurements 
(XX 1996)

    (a) The Government will perform source selection in accordance 
with FAR part 15 and the EPA Source Evaluation and Selection 
Procedures in EPAAR Part 1515 (48 CFR part 1515). The significant 
features of this procedure are:
    (1) The Government will perform either cost analysis or price 
analysis of the offeror's cost/business proposal in accordance with 
FAR parts 15 and 31, as appropriate. In addition, the Government 
will also evaluate proposals to determine contract cost or price 
realism. Cost or price realism relates to an offeror's demonstrating 
that the proposed cost or price provides an adequate reflection of 
the offeror's understanding of the requirements of this 
solicitation, i.e., that the cost or price is not unrealistically 
low or unreasonably high.
    (2) The Government will evaluate technical proposals as 
specified in 1552.215-71, Evaluation Factors for Award.
    (b) In addition to evaluation of the previously discussed 
elements, the Government will consider in any award decision the 
responsibility factors set forth in FAR part 9.

(End of Provision)

    11. Section 1552.215-71 is revised as follows:

1552.215-71  Evaluation Factors for Award.

    As prescribed in 1515.605, insert one of the following provisions.

Evaluation Factors for Award (XX 1996)

    (a) The Government will make award to the responsible offeror(s) 
whose offer conforms to the solicitation and is most advantageous to 
the Government, cost or price and other factors considered. For this 
solicitation, all evaluation factors other than cost or price when 
combined are significantly more important than cost or price.
    (b) Technical Evaluation Criteria.

(End of Provision)

Evaluation Factors for Award (XX 1996) Alternate I (XX 96)

    (a) The Government will make award to the responsible offeror(s) 
whose offer conforms to the solicitation and is most advantageous to 
the Government, cost or price, and other factors considered. For 
this solicitation, all evaluation factors other than cost or price 
when combined are significantly less important than cost or price.
    (b) Technical Evaluation Criteria.

(End of Provision)

Evaluation Factors for Award--Proposal Meets the Minimum Needs of the 
Government With the Lowest Evaluated Cost/Price. Alternate II (XX 1996)

    (a) The Government will make award to the lowest-evaluated cost 
or price, technically acceptable, responsible offeror whose offer 
meets the minimum needs of the Government. In the event that there 
are two or more technically acceptable, equal price (cost) offers, 
the Government will consider other factors, as listed below in 
descending order of importance:
    (b) Technical Evaluation Criteria.

(End of Provision)

Evaluation Factors for Award (XX 1996) Alternate III (XX 96)

    (a) The Government will make award to the responsible offeror(s) 
whose offer conforms to the solicitation and is most advantageous to 
the Government, cost or price, and other factors considered. For 
this solicitation, all evaluation factors other than cost or price 
when combined are approximately equal to cost or price.
    (b) Technical Evaluation Criteria.

(End of Provision)

1552.215-72  [Removed]

    12. Section 1552.215-72 is removed.

[FR Doc. 96-12628 Filed 5-20-96; 8:45 am]
BILLING CODE 6560-50-P

Complete official Federal Register PDF

FR Doc. 96-12602 Airworthiness Directives; de Havilland Model DHC-7 Series Airplanes

[Federal Register Volume 61, Number 99 (Tuesday, May 21, 1996)]
[Proposed Rules]
[Pages 25417-25418]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-12602]

========================================================================
Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of 
the proposed issuance of rules and regulations. The purpose of these 
notices is to give interested persons an opportunity to participate in 
the rule making prior to the adoption of the final rules.

========================================================================

Federal Register / Vol. 61, No. 99 / Tuesday, May 21, 1996 / Proposed 
Rules

[[Page 25417]]

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 95-NM-264-AD]
RIN 2120-AA64

Airworthiness Directives; de Havilland Model DHC-7 Series 
Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Notice of proposed rulemaking (NPRM).

-----------------------------------------------------------------------

SUMMARY: This document proposes the adoption of a new airworthiness 
directive (AD) that is applicable to certain de Havilland Model DHC-7 
series airplanes. This proposal would require repetitive non-
destructive inspections to detect disbonding of fuselage skin panels, 
and repair, if necessary. This proposal is prompted by a report of 
disbonding on fuselage skin panels, which was attributed to a 
manufacturing process error. The actions specified by the proposed AD 
are intended to prevent disbonding of the skin panels of the fuselage, 
which could result in degradation of the structural capability of the 
airplane fuselage.

DATES: Comments must be received by July 1, 1996.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-103, 
Attention: Rules Docket No. 95-NM-264-AD, 1601 Lind Avenue, SW., 
Renton, Washington 98055-4056. Comments may be inspected at this 
location between 9:00 a.m. and 3:00 p.m., Monday through Friday, except 
Federal holidays.
    The service information referenced in the proposed rule may be 
obtained from Bombardier, Inc., Bombardier Regional Aircraft Division, 
Garratt Boulevard, Downsview, Ontario, Canada M3K 1Y5. This information 
may be examined at the FAA, Transport Airplane Directorate, 1601 Lind 
Avenue, SW., Renton, Washington.

FOR FURTHER INFORMATION CONTACT: Sol Maroof, Aerospace Engineer, 
Airframe and Propulsion Branch, ANE-171, FAA, New York Aircraft 
Certification Office, Engine and Propeller Directorate, 10 Fifth 
Street, Third Floor, Valley Stream, New York 11581; telephone (516) 
256-7522; fax (516) 568-2716.

SUPPLEMENTARY INFORMATION:

Comments Invited

    Interested persons are invited to participate in the making of the 
proposed rule by submitting such written data, views, or arguments as 
they may desire. Communications shall identify the Rules Docket number 
and be submitted in triplicate to the address specified above. All 
communications received on or before the closing date for comments, 
specified above, will be considered before taking action on the 
proposed rule. The proposals contained in this notice may be changed in 
light of the comments received.
    Comments are specifically invited on the overall regulatory, 
economic, environmental, and energy aspects of the proposed rule. All 
comments submitted will be available, both before and after the closing 
date for comments, in the Rules Docket for examination by interested 
persons. A report summarizing each FAA-public contact concerned with 
the substance of this proposal will be filed in the Rules Docket.
    Commenters wishing the FAA to acknowledge receipt of their comments 
submitted in response to this notice must submit a self-addressed, 
stamped postcard on which the following statement is made: ``Comments 
to Docket Number 95-NM-264-AD.'' The postcard will be date stamped and 
returned to the commenter.

Availability of NPRMs

    Any person may obtain a copy of this NPRM by submitting a request 
to the FAA, Transport Airplane Directorate, ANM-103, Attention: Rules 
Docket No. 95-NM-264-AD, 1601 Lind Avenue, SW., Renton, Washington 
98055-4056.

Discussion

    Transport Canada Aviation, which is the airworthiness authority for 
Canada, recently notified the FAA that an unsafe condition may exist on 
certain de Havilland Model DHC-7 series airplanes. Transport Canada 
Aviation advises that it has received a report indicating that, during 
a routine inspection, disbonding was discovered on a fuselage skin 
panel. Investigation revealed that the apparent cause of the disbonding 
was due to the initial material preparation process that was used on 
the fuselage skin panels during manufacture. Such disbonding, if not 
corrected, could result in degradation of the structural capability of 
the airplane fuselage.

Explanation of Relevant Service Information

    Bombardier has issued Service Bulletin S.B. 7-51-1, Revision `A', 
dated March 31, 1995, which describes procedures for conducting 
repetitive non-destructive inspections of de Havilland Model DHC-7 
series airplanes to detect disbonding of the fuselage skin panels. 
Transport Canada Aviation classified this service bulletin as mandatory 
and issued Canadian airworthiness directive CF-94-15 in order to assure 
the continued airworthiness of these airplanes in Canada.

FAA's Conclusions

    This airplane model is manufactured in Canada and is type 
certificated for operation in the United States under the provisions of 
section 21.29 of the Federal Aviation Regulations (14 CFR 21.29) and 
the applicable bilateral airworthiness agreement. Pursuant to this 
bilateral airworthiness agreement, Transport Canada Aviation has kept 
the FAA informed of the situation described above. The FAA has examined 
the findings of Transport Canada Aviation, reviewed all available 
information, and determined that AD action is necessary for products of 
this type design that are certificated for operation in the United 
States.

Explanation of the Requirements of the Proposed Rule

    Since an unsafe condition has been identified that is likely to 
exist or develop on other airplanes of the same type design, the 
proposed AD would require repetitive non-destructive inspections to 
detect disbonding of the fuselage skin panels. These inspections would 
be required to be accomplished in accordance with the service bulletin 
described previously.

[[Page 25418]]

    If any disbonding is detected on any fuselage skin panel, its 
repair would be required to be accomplished in accordance with a method 
approved by the FAA.

Cost Impact

    The FAA estimates that 50 de Havilland Model DHC-7 series airplanes 
of U.S. registry would be affected by this proposed AD, that it would 
take approximately 18 work hours per airplane to accomplish the 
proposed inspections, and that the average labor rate is $60 per work 
hour. Based on these figures, the cost impact of the proposed AD on 
U.S. operators is estimated to be $54,000, or $1,080 per airplane, per 
inspection cycle.
    The cost impact figure discussed above is based on assumptions that 
no operator has yet accomplished any of the proposed requirements of 
this AD action, and that no operator would accomplish those actions in 
the future if this AD were not adopted.

Regulatory Impact

    The regulations proposed herein would not have substantial direct 
effects 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. Therefore, in 
accordance with Executive Order 12612, it is determined that this 
proposal would not have sufficient federalism implications to warrant 
the preparation of a Federalism Assessment.
    For the reasons discussed above, I certify that this proposed 
regulation (1) is not a ``significant regulatory action'' under 
Executive Order 12866; (2) is not a ``significant rule'' under the DOT 
Regulatory Policies and Procedures (44 FR 11034, February 26, 1979); 
and (3) if promulgated, will not have a significant economic impact, 
positive or negative, on a substantial number of small entities under 
the criteria of the Regulatory Flexibility Act. A copy of the draft 
regulatory evaluation prepared for this action is contained in the 
Rules Docket. A copy of it may be obtained by contacting the Rules 
Docket at the location provided under the caption ADDRESSES.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Safety.

The Proposed Amendment

    Accordingly, pursuant to the authority delegated to me by the 
Administrator, the Federal Aviation Administration proposes to amend 
part 39 of the Federal Aviation Regulations (14 CFR part 39) as 
follows:

PART 39--AIRWORTHINESS DIRECTIVES

    1. The authority citation for part 39 continues to read as follows:

    Authority: 49 U.S.C. 106(g), 40113, 44701.

Sec. 39.13   [Amended]

    2. Section 39.13 is amended by adding the following new 
airworthiness directive:

De Havilland, Inc: Docket 95-NM-264-AD.

    Applicability: Model DHC-7 series airplanes, serial numbers 003 
through 113 inclusive, certificated in any category.

    Note 1: This AD applies to each airplane identified in the 
preceding applicability provision, regardless of whether it has been 
modified, altered, or repaired in the area subject to the 
requirements of this AD. For airplanes that have been modified, 
altered, or repaired so that the performance of the requirements of 
this AD is affected, the owner/operator must request approval for an 
alternative method of compliance in accordance with paragraph (b) of 
this AD. The request should include an assessment of the effect of 
the modification, alteration, or repair on the unsafe condition 
addressed by this AD; and, if the unsafe condition has not been 
eliminated, the request should include specific proposed actions to 
address it.

    Compliance: Required as indicated, unless accomplished 
previously.
    To prevent disbonding of the skin panels of the fuselage, which 
could result in degradation of the structural capability of the 
airplane fuselage, accomplish the following:
    (a) Within 6 months after the effective date of this AD, perform 
a non-destructive inspection to detect disbonding of the fuselage 
skin panels, in accordance with the Accomplishment Instructions of 
Bombardier Service Bulletin S.B. 7-51-1, Revision 'A', dated March 
31, 1995.
    (1) If no disbonding is detected, repeat the inspection 
thereafter at intervals not to exceed 3 years.
    (2) If any disbonding is detected, prior to further flight, 
repair it in accordance with a method approved by the Manager, New 
York Aircraft Certification Office (ACO), FAA, Engine and Propeller 
Directorate.
    (b) An alternative method of compliance or adjustment of the 
compliance time that provides an acceptable level of safety may be 
used if approved by the Manager, New York ACO. Operators shall 
submit their requests through an appropriate FAA Principal 
Maintenance Inspector, who may add comments and then send it to the 
Manager, New York ACO.

    Note 2: Information concerning the existence of approved 
alternative methods of compliance with this AD, if any, may be 
obtained from the New York ACO.

    (c) Special flight permits may be issued in accordance with 
sections 21.197 and 21.199 of the Federal Aviation Regulations (14 
CFR 21.197 and 21.199) to operate the airplane to a location where 
the requirements of this AD can be accomplished.

    Issued in Renton, Washington, on May 14, 1996.
S. R. Miller,
Acting Manager,Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 96-12602 Filed 5-20-96; 8:45 am]
BILLING CODE 4910-13-P

Complete official Federal Register PDF

FR Doc. 96-12601 Airworthiness Directives; Beech (Raytheon) Model Hawker 1000 and BAe 125-1000A Series Airplanes

[Federal Register Volume 61, Number 99 (Tuesday, May 21, 1996)]
[Proposed Rules]
[Pages 25418-25420]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-12601]

-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION
14 CFR Part 39

[Docket No. 96-NM-54-AD]
RIN 2120-AA64

Airworthiness Directives; Beech (Raytheon) Model Hawker 1000 and 
BAe 125-1000A Series Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Notice of proposed rulemaking (NPRM).

-----------------------------------------------------------------------

SUMMARY: This document proposes the supersedure of an existing 
airworthiness directive (AD), applicable to Beech (Raytheon) Model 
Hawker 1000 and BAe 125-1000A series airplanes, that currently requires 
inspections to detect various discrepancies of the fuel hose assemblies 
on the auxiliary power unit (APU), and correction of any discrepancy 
found. That AD was prompted by several reports of heat damage to the 
fuel hose assembly on the APU. This action would add a requirement to 
replace the existing conduit of the fuel feed hose with new improved 
conduit, which would terminate the repetitive inspections. The actions 
specified by the proposed AD are intended to prevent failure of a fuel 
hose due to heat damage caused by incorrect routing or bleed air 
leakage; such failure could result in a malfunction of the APU, a fuel 
fire in the fuselage rear equipment bay, and reduced structural 
integrity of the surrounding structure.

DATES: Comments must be received by July 1, 1996.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-103, 
Attention: Rules Docket No. 96-NM-54-AD, 1601 Lind Avenue, SW., Renton, 
Washington 98055-4056. Comments may be inspected at this location 
between 9:00 a.m. and 3:00 p.m., Monday through Friday, except Federal 
holidays.
    The service information referenced in the proposed rule may be 
obtained from Beech Aircraft Corporation, Hawker Customer Support 
Department, P.O. Box 85, Wichita, Kansas 67201-0085. This

[[Page 25419]]

information may be examined at the FAA, Transport Airplane Directorate, 
1601 Lind Avenue, SW., Renton, Washington.

FOR FURTHER INFORMATION CONTACT: Karl Schletzbaum, Aerospace Engineer, 
ACE-116W, Wichita Aircraft Certification Office, FAA, Small Airplane 
Directorate, 1801 Airport Road, Room 100, Mid-Continent Airport, 
Wichita, Kansas; telephone (316) 946-4146; fax (316) 946-4407.

SUPPLEMENTARY INFORMATION:

Comments Invited

    Interested persons are invited to participate in the making of the 
proposed rule by submitting such written data, views, or arguments as 
they may desire. Communications shall identify the Rules Docket number 
and be submitted in triplicate to the address specified above. All 
communications received on or before the closing date for comments, 
specified above, will be considered before taking action on the 
proposed rule. The proposals contained in this notice may be changed in 
light of the comments received.
    Comments are specifically invited on the overall regulatory, 
economic, environmental, and energy aspects of the proposed rule. All 
comments submitted will be available, both before and after the closing 
date for comments, in the Rules Docket for examination by interested 
persons. A report summarizing each FAA-public contact concerned with 
the substance of this proposal will be filed in the Rules Docket.
    Commenters wishing the FAA to acknowledge receipt of their comments 
submitted in response to this notice must submit a self-addressed, 
stamped postcard on which the following statement is made: ``Comments 
to Docket Number 96-NM-54-AD.'' The postcard will be date stamped and 
returned to the commenter.

Availability of NPRMs

    Any person may obtain a copy of this NPRM by submitting a request 
to the FAA, Transport Airplane Directorate, ANM-103, Attention: Rules 
Docket No. 96-NM-54-AD, 1601 Lind Avenue, SW., Renton, Washington 
98055-4056.

Discussion

    On April 27, 1995, the FAA issued AD 95-10-01, amendment 39-9218 
(60 FR 22501, May 8, 1995), applicable to certain Beech (Raytheon) 
Model Hawker 1000 and BAe 125-1000A series airplanes, to require 
inspections to detect various discrepancies of the fuel hose assemblies 
on the auxiliary power unit (APU), and correction of any discrepancy 
found. That action was prompted by several reports of heat damage to 
the fuel hose assembly on the APU. The requirements of that AD are 
intended to prevent failure of a fuel hose due to heat damage caused by 
incorrect routing or bleed air leakage; such failure could result in a 
malfunction of the APU, a fuel fire in the fuselage rear equipment bay, 
and reduced structural integrity of the surrounding structure.

Actions Since Issuance of AD 95-10-01

    Since the issuance of that AD, the FAA has reviewed and approved 
Beech (Hawker/Raytheon) Service Bulletin SB.49-47-25A825A, dated August 
1, 1995, which describes procedures for the replacement of existing 
vinyl conduit (Pt. No. SLV-40-1\1/2\)of the fuel feed hose for the APU 
with a new improved conduit (Pt. No. 20 97 04415). The new conduit is 
made from convoluted PTFE (a commercial fluoro plastic tubing), which 
can withstand temperatures of up to 240 degrees Centigrade. 
Accomplishment of this replacement eliminates the need for repetitive 
inspections, as described in Raytheon Service Bulletin SB 49-44, dated 
January 20, 1995 (which was cited in AD 95-10-01 as the appropriate 
source of service information).

FAA's Conclusions

    The FAA has determined that replacement of the existing conduit 
with convoluted PTFE tubing will positively address the unsafe 
condition identified as failure of a fuel hose due to heat damage 
caused by incorrect routing or bleed air leakage; such failure could 
result in a malfunction of the APU, a fuel fire in the fuselage rear 
equipment bay, and reduced structural integrity of the surrounding 
structure.

Explanation of the Requirements of the Proposed Rule

    Since an unsafe condition has been identified that is likely to 
exist or develop on other products of this same type design, the 
proposed AD would supersede AD 95-10-01. It would continue to require 
inspections to detect various discrepancies of the fuel hose assemblies 
on the auxiliary power unit (APU), and correction of any discrepancy 
found. However, this proposed AD also would add a new requirement to 
replace the existing vinyl conduit of the fuel feed hose for the APU 
with a new improved conduit, which would constitute terminating action 
for the repetitive inspection requirements. The new action would be 
required to be accomplished in accordance with Beech (Hawker/Raytheon) 
Service Bulletin SB.49-47-25A825A, dated August 1, 1995, as described 
previously.
    The FAA has determined that long term continued operational safety 
will be better assured by modifications or design changes to remove the 
source of the problem, rather than by repetitive inspections. Long term 
inspections may not be providing the degree of safety assurance 
necessary for the transport airplane fleet. This, coupled with a better 
understanding of the human factors associated with numerous repetitive 
inspections, has led the FAA to consider placing less emphasis on 
special procedures and more emphasis on design improvements. The 
proposed modification requirement is in consonance with these 
considerations.

Cost Impact

    There are approximately 48 Beech Model Hawker 1000 and BAe 125-
1000A series airplanes of the affected design in the worldwide fleet. 
The FAA estimates that 31 airplanes of U.S. registry would be affected 
by this proposed AD.
    The actions that are currently required by AD 95-10-01 take 
approximately 1 work hour per airplane to accomplish, at an average 
labor rate of $60 per work hour. Based on these figures, the cost 
impact on U.S. operators of the actions currently required is estimated 
to be $1,860, or $60 per airplane, per inspection cycle.
    The new actions that are proposed in this AD action would take 
approximately 4 work hours per airplane to accomplish, at an average 
labor rate of $60 per work hour. Required parts would cost 
approximately $218 per airplane. Based on these figures, the cost 
impact on U.S. operators of the new proposed requirements of this AD is 
estimated to be $14,198, or $458 per airplane.
    The cost impact figures discussed above are based on assumptions 
that no operator has yet accomplished any of the current or proposed 
requirements of this AD action, and that no operator would accomplish 
those actions in the future if this AD were not adopted.

Regulatory Impact

    The regulations proposed herein would not have substantial direct 
effects 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. Therefore, in 
accordance with Executive Order 12612, it is determined that this 
proposal would not have sufficient

[[Page 25420]]

federalism implications to warrant the preparation of a Federalism 
Assessment.
    For the reasons discussed above, I certify that this proposed 
regulation (1) is not a ``significant regulatory action'' under 
Executive Order 12866; (2) is not a ``significant rule'' under the DOT 
Regulatory Policies and Procedures (44 FR 11034, February 26, 1979); 
and (3) if promulgated, will not have a significant economic impact, 
positive or negative, on a substantial number of small entities under 
the criteria of the Regulatory Flexibility Act. A copy of the draft 
regulatory evaluation prepared for this action is contained in the 
Rules Docket. A copy of it may be obtained by contacting the Rules 
Docket at the location provided under the caption ADDRESSES.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Safety.

The Proposed Amendment

    Accordingly, pursuant to the authority delegated to me by the 
Administrator, the Federal Aviation Administration proposes to amend 
part 39 of the Federal Aviation Regulations (14 CFR part 39) as 
follows:

PART 39--AIRWORTHINESS DIRECTIVES

    1. The authority citation for part 39 continues to read as follows:

    Authority: 49 U.S.C 106(g), 40113, 44701.

Sec. 39.13  [Amended]

    2. Section 39.13 is amended by removing amendment 39-9218 (60 FR 
22501, May 8, 1995), and by adding a new airworthiness directive (AD), 
to read as follows:

Beech Aircraft Corporation (formerly DeHavilland; Hawker Siddeley; 
British Aerospace, plc; Raytheon Corporate Jets, Inc.): Docket 96-
NM-54-AD. Supersedes AD 95-10-01, Amendment 39-9218.

    Applicability: Model Hawker 1000 and BAe 125-1000A series 
airplanes, post modification 259722C, certificated in any category.

    Note 1: This AD applies to each airplane identified in the 
preceding applicability provision, regardless of whether it has been 
otherwise modified, altered, or repaired in the area subject to the 
requirements of this AD. For airplanes that have been modified, 
altered, or repaired so that the performance of the requirements of 
this AD is affected, the owner/operator must request approval for an 
alternative method of compliance in accordance with paragraph (c) of 
this AD. The request should include an assessment of the effect of 
the modification, alteration, or repair on the unsafe condition 
addressed by this AD; and, if the unsafe condition has not been 
eliminated, the request should include specific proposed actions to 
address it.
    Note 2: Beech (Raytheon) Model BAe 125-1000B series airplanes 
are similar in design to the airplanes that are subject to the 
requirements of this AD and, therefore, also may be subject to the 
unsafe condition addressed by this AD. However, as of the effective 
date of this AD, those models are not type certificated for 
operation in the United States. Airworthiness authorities of 
countries in which the Model BAe 125-1000B series airplanes are 
approved for operation should consider adopting corrective action, 
applicable to those models, that is similar to the corrective action 
required by this AD.

    Compliance: Required as indicated, unless accomplished 
previously.
    To prevent failure of a fuel hose assembly on the auxiliary 
power unit (APU), which could result in a malfunction of the APU, a 
potential fuel fire in the fuselage rear bay, and reduced structural 
integrity of the surrounding structure, accomplish the following:
    (a) Within 30 days after May 23, 1995 (the effective date of AD 
95-10-01, amendment 39-9218), perform inspections to detect 
discrepancies of the fuel feed hose assemblies on the APU; an 
inspection to assure proper positioning of the air leak detection 
system; and an inspection of the bleed air system for signs of 
leakage; in accordance with paragraph 2.B. of the Accomplishment 
Instructions of Raytheon Service Bulletin SB 49-44, dated January 
20, 1995.
    (1) If no discrepancy is found: Thereafter, following the last 
flight of each day, perform an inspection to detect discoloration of 
the fuel hose assembly (outlet from the fuel pump box) on the APU, 
in accordance with paragraph 2.B.(2) and 2.C. of the Accomplishment 
Instructions of the service bulletin.
    (2) If any discrepancy is found, prior to further flight, 
correct the discrepancy in accordance with paragraph 2.B. of the 
Accomplishment Instructions of the service bulletin.
    (b) Within 200 flight hours after the effective date of this AD, 
replace the existing conduit of the fuel feed hose for the auxiliary 
power unit (APU) with new improved conduit (modification 25A825A), 
in accordance with Beech (Raytheon/Hawker) Service Bulletin SB.49-
47-25A825A, dated August 1, 1995. Accomplishment of the replacement 
constitutes terminating action for paragraph (a) of this AD.
    (c) An alternative method of compliance or adjustment of the 
compliance time that provides an acceptable level of safety may be 
used if approved by the Manager, Wichita Aircraft Certification 
Office (ACO), FAA, Small Airplane Directorate. Operators shall 
submit their requests through an appropriate FAA Principal 
Maintenance Inspector, who may add comments and then send it to the 
Manager, Wichita ACO.

    Note 3: Information concerning the existence of approved 
alternative methods of compliance with this AD, if any, may be 
obtained from the Wichita ACO.

    (d) Special flight permits may be issued in accordance with 
sections 21.197 and 21.199 of the Federal Aviation Regulations (14 
CFR 21.197 and 21.199) to operate the airplane to a location where 
the requirements of this AD can be accomplished.

    Issued in Renton, Washington, on May 14, 1996.
S.R. Miller,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 96-12601 Filed 5-20-96; 8:45 am]
BILLING CODE 4910-13-U

Complete official Federal Register PDF

FR Doc. 96-12447 International Fisheries; Consolidation of Regulations

[Federal Register Volume 61, Number 99 (Tuesday, May 21, 1996)]
[Proposed Rules]
[Pages 25443-25475]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-12447]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Parts 246, 280, 281, 282, 298, 299, 300, 301, 371, 380, and 
695

[Docket No. 960419115-6115-01; I.D. 032196A]
RIN 0648-AI22

International Fisheries; Consolidation of Regulations

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Proposed rule; request for comments.

-----------------------------------------------------------------------

SUMMARY: NMFS proposes to consolidate 10 CFR parts into one part that 
would contain regulations governing international fisheries in the U.S. 
Exclusive Economic Zone (EEZ) and on the high seas. All but one of the 
consolidated parts implement an international agreement, convention, or 
treaty to which the United States is a party. The consolidated text 
would be reorganized into a more logical and cohesive order, 
duplicative and outdated provisions would be eliminated, and editorial 
changes would be made for readability, clarity, and uniformity. 
Framework procedures would be added for the specifications of annual 
management measures under two parts. In addition, an obsolete CFR part 
would be removed. The purpose of this proposed rule is to make the 
regulations more concise, better organized and, therefore, easier for 
the public to use. This proposed action is part of the President's 
Regulatory Reinvention Initiative.

DATES: Comments must be received on or before June 14, 1996.

[[Page 25444]]

ADDRESSES: Comments should be sent to Robert Gorrell, Office of 
Fisheries Conservation and Management, NMFS, 1315 East-West Highway, 
Silver Spring, MD 20910. Comments regarding burden-hour estimates or 
other aspects of the collection-of-information requirements contained 
in this rule should be sent to Robert Gorrell at the above address and 
to the Office of Information and Regulatory Affairs, Office of 
Management and Budget, Washington, DC 20503 (Attention: NOAA Desk 
Officer).

FOR FURTHER INFORMATION CONTACT: Robert Gorrell, 301-713-2343.

SUPPLEMENTARY INFORMATION:

Background

    In March 1995, President Clinton issued a directive to Federal 
agencies regarding their responsibilities under his Regulatory 
Reinvention Initiative. This initiative is part of the National 
Performance Review and calls for comprehensive regulatory reform. The 
President directed all agencies to undertake a review of all their 
regulations, with an emphasis on eliminating or modifying those that 
are obsolete, duplicative, or otherwise in need of reform. This 
proposed rule is intended to carry out the President's directive with 
respect to those regulations governing international fisheries, other 
than whaling and Atlantic highly migratory species, under the 
jurisdiction of NMFS.
    Consolidation of regulations into one CFR part (50 CFR part 300). 
Currently, regulations governing international fisheries, other than 
whaling and Atlantic highly migratory species, are contained in 11 
separate parts of title 50 of the CFR. NMFS is proposing to remove nine 
of the parts (parts 246 (Marking of Containers or Packages), 280 
(Pacific Tuna Fisheries), 282 (South Pacific Tuna Fisheries), 298 
(United States-Canada Fisheries Enforcement Agreement), 299 (U.S. 
Nationals Fishing in the Russian Fisheries), 301 (Pacific Halibut 
Fisheries), 371 (Fraser River Sockeye and Pink Salmon Fisheries), 380 
(Antarctic Marine Living Resources Convention Act of 1984), and 695 
(Vessels of the United States Fishing in Columbian Treaty Waters)) and 
to consolidate the regulations contained therein with the existing 
regulations in part 300 (High Seas Fisheries). NMFS also is proposing 
to eliminate part 281 (Restrictions on Tuna Imports) as no longer 
necessary. The consolidated regulations would provide the public with a 
single reference source for the regulations applying to international 
fisheries. Consolidation would result in one set of regulations that is 
more concise, clearer, and easier to use than the existing regulations 
found in 11 separate parts.
    Reorganization of measures within the consolidated regulations and 
elimination of obsolete or duplicative provisions. NMFS proposes to 
simplify and shorten all the existing international fisheries 
regulations and recodify these in part 300. A subpart A containing 
general provisions would be created with a separate subpart (subparts B 
through K) for each of the 10 parts being consolidated. Because 
portions of the existing regulations contain identical or nearly 
identical provisions, this rule would combine and restructure text. 
Regulatory language would be revised to improve clarity and 
consistency.
    Duplicative and obsolete provisions would be removed. Terms and 
other regulatory provisions believed to be nonessential also would be 
removed. No substantive changes, except for those specifically 
identified below, are intended.
    This proposed rule includes five types of substantive revisions. 
First, proposed subpart A--General includes a definitions section 
(Sec. 300.2). The standard for inclusion under general definitions is 
that the term have general applicability throughout the part. All these 
terms were moved from one or more of the existing parts that would be 
consolidated. Where a term was defined similarly in two or more 
existing parts, a single definition was selected for inclusion in 
Sec. 300.2. Consequently, definitions for some parts have been modified 
slightly, while others are newly applicable. Some terms in subpart A 
are defined differently in certain other subparts. In those instances, 
the definition of the term as set forth in the program subpart applies 
therein, rather than the definition contained in the general subpart.
    Second, proposed subpart A--General includes both a general 
prohibitions section (Sec. 300.4) and a facilitation of enforcement 
section (Sec. 300.5). The prohibitions and facilitation of enforcement 
sections contain provisions that are generally applicable to many 
situations. One group of prohibitions deals with the protection of 
authorized officers and observers, another group insures the validity 
of information and recordkeeping and assists in investigations, another 
protects against destruction of evidence, and another prohibits the 
transportation or possession of illegally obtained living marine 
resources. The prohibitions in the other subparts contain prohibitions 
that are specific to each subpart. The facilitation of enforcement 
provisions are grouped by compliance assurance, communications, 
boarding, and signals. Some subparts have their own facilitation of 
enforcement provisions that are specific to each subpart. The general 
provisions were drawn from several of the existing parts that would be 
consolidated; however, these provisions are newly applicable for most 
subparts.
    Third, proposed subpart E--Pacific Halibut Fisheries would greatly 
reduce the existing Pacific halibut regulations by eliminating from 
codification all but one of the existing sections containing management 
measures and substituting a new International Pacific Halibut 
Commission (IPHC) annual management measures section (Sec. 300.62) and 
a new catch sharing plan and domestic management section (Sec. 300.63). 
Many of the definitions also would be removed from codification, as 
those terms would no longer be used in codified text. The IPHC annual 
management measures section would establish a procedure for the 
Assistant Administrator for Fisheries, NMFS (Assistant Administrator), 
to publish the IPHC regulations by single notice in the Federal 
Register. The catch sharing plan section would establish a procedure 
for the Assistant Administrator and the appropriate Regional Fishery 
Management Council to develop plans to apportion catch limits adopted 
by the IPHC and implement domestic management measures by preliminary 
and final notices in the Federal Register. A prohibitions section would 
be added to make it unlawful to fish for halibut except in accordance 
with the IPHC's annual management measures or in accordance with the 
Assistant Administrator's catch sharing plans and implementing 
management measures. The one existing section that would remain 
codified concerns fishing by U.S. treaty Indian tribes (Sec. 300.64). 
All those management measures adopted by the IPHC and NMFS and 
currently in effect (as codified in the current 50 CFR part 301 with 
1996 revisions published at 61 FR 11337, March 20, 1996) would continue 
in effect until replaced by management measures in 1997 to be published 
in the Federal Register pursuant to Secs. 300.62 and 300.63 proposed by 
this rule. This substantive change is discussed in more detail below.
    Fourth, proposed subpart H--Antarctic Marine Living Resources would 
establish a framework procedure by which NMFS would publish annual 
management measures by single notice in the Federal Register, rather 
than by codified rules. These management

[[Page 25445]]

measures are modified annually and need not be codified. All those 
management measures adopted by the Commission for the Conservation of 
Antarctic Marine Living Resources (Commission) and published on March 
5, 1996 (61 FR 8483), as well as other Commission measures still in 
effect, would continue in effect until replaced by management measures 
in 1997 to be published in the Federal Register under the proposed 
framework procedures at Sec. 300.111. This substantive change is 
discussed in more detail below.
    Fifth, the requirements of part 281--Restrictions on Tuna Imports 
are proposed for elimination because they are no longer necessary. For 
approximately 2 decades, there have not been yellowfin quotas under the 
Convention for the Establishment of an Inter-American Tropical Tuna 
Commission that the part 281 regulations were designed to address. If 
there were a need in the future for a tuna quota regime under the 
Inter-American Tropical Tuna Commission, there would be adequate time 
to implement such a regulatory scheme. No quotas are expected in the 
foreseeable future.
    Decodification of the IPHC's Regulations and NMFS's Catch Sharing 
Regulations. Proposed subpart E contains an annual management measures 
section that explains the process for NMFS publishing IPHC's annual 
management measures by single notice, with immediate regulatory effect, 
in the Federal Register. The annual management measures would need to 
be published by March 15. In addition, the IPHC makes its regulations 
available to fishermen in handbook form. Presently, IPHC's regulations 
are codified. Of the current codified domestic halibut management 
sections, only one section (Fishing by U.S. Treaty Indian Tribes) would 
be retained.
    Proposed subpart E also contains a catch sharing plan section that 
explains implementation of catch sharing plans. It explains the two 
notice process for NMFS to implement management measures under the area 
2A catch sharing plan. The preliminary notice of management measures 
would need to be published by January 1. The public would be provided a 
comment period that extends until after the annual IPHC meeting when 
the final catch limits are announced. The measures will then be 
published in a final notice, with immediate regulatory effect.
    By decodifying the IPHC regulations and NMFS's catch sharing 
regulations, the administration of the management program would be 
improved and the potential for confusion would be avoided.
    The parties to the Convention between the United States and Canada 
for the Preservation of the Halibut Fishery of the Northern Pacific 
Ocean and Bering Sea convene an annual meeting in January. At the 
annual meeting the Commission adopts final catch limits and other 
management measures after considering staff and industry 
recommendations and public testimony. These measures generally are 
revised annually. Because title 50 CFR is published only once a year, 
reflecting measures in effect as of the preceding October 1, many of 
the measures would have been superseded and conceivably could cause 
confusion. Also, the Office of the Federal Register prefers not to 
codify regulations with limited effect, i.e., generally a year or less.
    Establishment of broad framework procedures for future Antarctic 
regulatory changes. Proposed subpart G contains framework procedures to 
implement annual management measures by regulatory notice. By 
establishing a framework for implementing management measures that are 
adopted annually by the Commission and agreed to by the United States, 
the administration of the management program would be improved, the 
potential for confusion would be avoided, and the codification of 
regulations would be reduced.
    The parties to the Convention on the Conservation of Antarctic 
Marine Living Resources meet annually to adopt conservation and other 
management measures to govern fishing and related activities to be 
conducted in the Antarctic region. Following the conclusion of the 
meeting, the Secretary of State publishes a document for public 
comment, in the Federal Register, of the measures adopted by the 
Commission. If the United States does not object to the measures within 
90 days of notification by the Commission, the United States is bound 
by those measures. After considering any public comment on the 
measures, the Assistant Administrator publishes a final rule codifying 
the management measures. These measures generally have a limited effect 
of approximately 1 year, when measures for the succeeding year 
supersede current measures. Therefore codification is not necessary and 
could cause confusion. Further, the Office of the Federal Register 
prefers not to codify regulations with limited effect. Under the 
framework proposed in this rule, notification of annual measures would 
be published in the Federal Register, and would have force and effect 
until superseded by the next year's notice, unless otherwise modified 
or withdrawn.
    References to Other Proposed Rules. NMFS, in another rulemaking 
published May 1, 1996, at 61 FR 19390, proposed to consolidate general 
provisions of the Magnuson Fishery Conservation and Management Act into 
50 CFR part 600. Because some of the general provisions to be 
consolidated into part 600 apply to several international fisheries 
regulations proposed for consolidation in this rule, the regulatory 
text in this rule includes references to the consolidated part 600, 
rather than to existing codified text.
    Request for comments. NMFS specifically requests comments or 
suggestions for further consolidation or elimination of obsolete or 
duplicative provisions contained in the proposed revision to 
international fisheries regulations.
    Under NOAA Administrative Order 205-11, 7.01, dated December 17, 
1990, the Under Secretary for Oceans and Atmosphere has delegated, to 
the Assistant Administrator, the authority to sign material for 
publication in the Federal Register.
Classification
    This proposed rule has been determined to be not significant for 
the purposes of E.O. 12866.
    The Assistant General Counsel for Legislation and Regulation of the 
Department of Commerce certified to the Chief Counsel for Advocacy of 
the Small Business Administration that this proposed rule, if adopted, 
would not have a significant economic impact on a substantial number of 
small entities. The proposed consolidations and revisions to the 
existing regulatory text are intended to make the regulations more 
concise, better organized, and easier for the public to use and would 
have little or no economic impact on any small entities. Applying 
selected prohibitions and facilitation of enforcement provisions to all 
subparts could result in improved enforcement of the regulations, but 
are not expected to change fishing practices, costs, or revenues. As a 
result, a regulatory flexibility analysis was not prepared.
    This proposed rule contains collection-of-information requirements 
subject to the Paperwork Reduction Act (PRA) that were previously 
approved by the Office of Management and Budget.
    Notwithstanding any other provision of the law, no person is 
required to respond to, nor shall any person be subject to a penalty 
for failure to comply with a collection of information, subject to the 
requirements of the PRA, unless

[[Page 25446]]

that collection of information displays a currently valid OMB Control 
Number.
    The following collection-of-information requirements have been 
approved by OMB for international fisheries regulations under the 
following approval numbers:
    (a) Approved under 0648-0304--High seas fisheries, vessel permits 
(Sec. 300.13), estimated at .5 hours per response.
    (b) Approved under 0648-0148--Pacific tuna fisheries, yellowfin 
tuna recordkeeping and written reports (Sec. 300.22), estimated at .1 
hours per response.
    (c) Approved under 0648-0202--Pacific bluefin tuna dealer permits 
(Sec. 300.24), estimated at .083 hours per response.
    (d) Approved under 0648-0239--Pacific bluefin tuna dealer 
recordkeeping and reporting (Sec. 300.25), estimated at .25 hours per 
response.
    (e) Approved under 0648-0239-- Pacific tuna fisheries, Pacific 
bluefin tuna affixing of tags (Sec. 300.26(c)), estimated at .017 hours 
per response.
    (f) Approved under 0648-0239-- Pacific tuna fisheries, Pacific 
bluefin tuna removal of tags (Sec. 300.26(d)), estimated at .017 hours 
per response.
    (g) Approved under 0648-0218--South Pacific tuna fisheries, vessel 
licenses (Sec. 300.32), estimated at .25 hours per response.
    (h) Approved under 0648-0306--South Pacific tuna fisheries, 
reporting requirements (Sec. 300.34), estimated at .25 hours per 
marking.
    (i) Approved under 0648-0306--South Pacific tuna fisheries, vessel 
and gear identification (Sec. 300.35), estimated at .25 hours per 
marking.
    (j) Approved under 0648-0194--Antarctic marine living resources, 
procedure for according protection to CCAMLR ecosystem monitoring 
program sites, general (Sec. 300.103(a)), estimated at 1 hour per 
response.
    (k) Approved under 0648-0194--Antarctic marine living resources, 
scientific research (Sec. 300.104(d)), estimated at 80 hours per 
response.
    (l) Approved under 0648-0194--Antarctic marine living resources, 
scientific research (Sec. 300.104(e)), estimated at .25 hours per 
response.
    (m) Approved under 0648-0194--Antarctic marine living resources, 
initiating a new fishery (Sec. 300.105(c)), estimated at 16 hours per 
response.
    (n) Approved under 0648-0194--Antarctic marine living resources, 
exploratory fishing (Sec. 300.106(e)), estimated at 40 hours per 
response.
    (o) Approved under 0648-0306--Antarctic marine living resources, 
vessel identification (Sec. 300.108(a)), estimated at .25 hours per 
marking.
    (p) Approved under 0648-0305--Antarctic marine living resources, 
gear identification (Sec. 300.108(c)), estimated at .25 hours per 
marking.
    (q) Approved under 0648-0194--Antarctic marine living resources, 
harvesting permits (Sec. 300.112), estimated at .5 hours per response.
    (r) Approved under 0648-0194--Antarctic marine living resources, 
import permits (Sec. 300.113), estimated at .5 hours per response.
    (s) Approved under 0648-0205--Vessels of the United States fishing 
in Colombian Treaty waters, certificates and permits (Sec. 300.123), 
estimated at .33 hours per response.
    (t) Approved under 0648-0016--Vessels of the United States fishing 
in Colombian Treaty waters, recordkeeping and reporting 
(Sec. 300.124(b)), estimated at .22 hours per response.
    (u) Approved under 0648-0306--Vessels of the United States fishing 
in Colombian Treaty waters, vessel identification (Sec. 300.125), 
estimated at .25 hours per marking.
    (v) Approved under 0648-0228--U.S. nationals fishing in Russian 
fisheries, permit procedures (Sec. 300.152), estimated at .5 hours per 
response.
    (w) Approved under 0648-0228--U.S. nationals fishing in Russian 
fisheries, permit issuance, copies (Sec. 300.153(b)), estimated at .167 
hours per response.
    (x) Approved under 0648-0228--U.S. nationals fishing in Russian 
fisheries, recordkeeping and reporting, vessel permit abstract report 
(Sec. 300.154(b)), estimated at .5 hours per response.
    (y) Approved under 0648-0228--U.S. nationals fishing in Russian 
fisheries, recordkeeping and reporting, activity reports 
(Sec. 300.154(c)), estimated at .5 hours per response.
    (z) Approved under 0648-0228--U.S. nationals fishing in Russian 
fisheries, recordkeeping and reporting, recordkeeping 
(Sec. 300.154(d)), estimated at .083 hours per response.
    The estimated response times shown include the time for reviewing 
instructions, searching existing data sources, gathering and 
maintaining the data needed, and completing and reviewing the 
collection of information. Send comments regarding burden estimates, or 
any other aspect of the data requirements, including suggestions for 
reducing the burden, to NMFS and OMB (see ADDRESSES).

List of Subjects

50 CFR Part 246

    Exports, Fish, Imports, Labeling, Reporting and recordkeeping 
requirements, Transportation, Wildlife.

50 CFR Parts 280 and 282

    Fisheries, Reporting and recordkeeping requirements, Treaties.

50 CFR Part 281

    Fisheries, Imports, Treaties.

50 CFR Part 298

    Canada, Fisheries, Treaties.

50 CFR Part 299

    Fisheries, Reporting and recordkeeping requirements, Russian 
Federation, Treaties.

50 CFR Part 300

    Fisheries, High seas fishing, International agreements, Reporting 
and recordkeeping requirements, Permits.

50 CFR Parts 301 and 695

    Fisheries, Fishing, Reporting and recordkeeping requirements, 
Treaties.

50 CFR Part 371

    Canada, Fisheries, Fishing, Indians, Treaties.

50 CFR Part 380

    Administrative practice and procedure, Antarctica, Fish, Imports, 
Marine resources, Reporting and recordkeeping requirements, Treaties, 
Wildlife.

    Dated: May 13, 1996.
Gary Matlock,
Program Management Officer, National Marine Fisheries Service.

    For the reasons set out in the preamble, chapters II, III, and VI 
are proposed to be amended as follows:

CHAPTER II--NATIONAL MARINE FISHERIES SERVICE, NATIONAL OCEANIC AND 
ATMOSPHERIC ADMINISTRATION, DEPARTMENT OF COMMERCE

PARTS 246, 280, 281, 282, 298, AND 299 [REMOVED]

    1. Under the authority of 16 U.S.C. 3371-3378, 16 U.S.C. 951-961 
and 971 et seq., 16 U.S.C. 973-973r, and 16 U.S.C. 1801 et seq., 50 CFR 
parts 246, 280, 281, 282, 298, and 299 are removed and subchapter L is 
vacated.
    2. Chapter III is revised to read as follows:

CHAPTER III--INTERNATIONAL FISHING AND RELATED ACTIVITIES

PART 300--INTERNATIONAL FISHERIES REGULATIONS

Subpart A--General

Sec.
300.1  Purpose and scope.
300.2  Definitions.
300.3  Relation to other laws.
300.4  General prohibitions.
300.5  Facilitation of enforcement.

[[Page 25447]]

Subpart B--High Seas Fisheries

300.10  Purpose.
300.11  Definitions.
300.12  Issuing offices.
300.13  Vessel permits.
300.14  Vessel and gear identification. [Reserved]
300.15  Prohibitions.
300.16  Penalties.
300.17  Reporting and recordkeeping. [Reserved]

Subpart C--Pacific Tuna Fisheries

300.20  Purpose and scope.
300.21  Definitions.
300.22  Yellowfin Tuna--Recordkeeping and written reports.
300.23  Yellowfin Tuna--Persons and vessels exempted.
300.24  Pacific Bluefin Tuna--Dealer permits.
300.25  Pacific Bluefin Tuna--Dealer recordkeeping and reporting.
300.26  Pacific Bluefin Tuna--Tags.
300.27  Pacific Bluefin Tuna--Documentation requirements.
300.28  Pacific Bluefin Tuna--Prohibitions.

Subpart D--South Pacific Tuna Fisheries

300.30  Purpose and scope.
300.31  Definitions.
300.32  Vessel licenses.
300.33  Compliance with applicable national laws.
300.34  Reporting requirements.
300.35  Vessel and gear identification.
300.36  Closed area stowage requirements.
300.37  Radio monitoring.
300.38  Prohibitions.
300.39  Exceptions.
300.40  Civil penalties.
300.41  Investigation notification.
300.42  Findings leading to removal from fishing area.
300.43  Observers.
300.44  Other inspections.

Subpart E--Pacific Halibut Fisheries

300.60  Purpose and scope.
300.61  Definitions.
300.62  Annual management measures.
300.63  Catch sharing plans and domestic management measures.
300.64  Fishing by U.S. treaty Indian tribes.
300.65  Prohibitions.

Subpart F--Fraser River Sockeye and Pink Salmon Fisheries

300.90  Purpose and scope.
300.91  Definitions.
300.92  Relation to other laws.
300.93  Reporting requirements.
300.94  Prohibitions and restrictions.
300.95  Treaty Indian fisheries.
300.96  Penalties.
300.97  Inseason orders.

Subpart G--Antarctic Marine Living Resources

300.100  Purpose and scope.
300.101  Definitions.
300.102  Relationship to other treaties, conventions, laws, and 
regulations.
300.103  Procedure for according protection to CCAMLR Ecosystem 
Monitoring Program Sites.
300.104  Scientific research.
300.105  Initiating a new fishery.
300.106  Exploratory fisheries.
300.107  Reporting and recordkeeping requirements.
300.108  Vessel and gear identification.
300.109  Gear disposal.
300.110  Mesh size.
300.111  Framework for annual management measures.
300.112  Harvesting permits.
300.113  Import permits.
300.114  Appointment of a designated representative.
300.115  Prohibitions.
300.116  Facilitation of enforcement and inspection.
300.117  Penalties.

    Figure 1 to Subpart G--Boundaries of the Statistical Reporting 
Area in the Southern Ocean
    Figure 2 to Subpart G--The Use of Streamer Lines to Minimize the 
Incidental Mortality of Seabirds in the Course of Longline Fishing 
or Longline Fishing Research Operations in the Convention Area

Subpart H--Vessels of the United States Fishing in Colombian Treaty 
Waters

300.120  Purpose.
300.121  Definitions.
300.122  Relation to other laws.
300.123  Certificates and permits.
300.124  Recordkeeping and reporting.
300.125  Vessel identification.
300.126  Prohibitions.
300.127  Facilitation of enforcement.
300.128  Penalties.
300.129  Fishing year.
300.130  Vessel and gear restrictions.
300.131  Conch harvest limitations.
300.132  Lobster harvest limitations.

Subpart I--United States-Canada Fisheries Enforcement

300.140  Purpose and scope.
300.141  Definitions.
300.142  Prohibitions.
300.143  Facilitation of enforcement.
300.144  Penalties and sanctions.

Subpart J--U.S. Nationals Fishing in Russian Fisheries

300.150  Purpose.
300.151  Definitions.
300.152  Procedures.
300.153  Permit issuance.
300.154  Recordkeeping and reporting.
300.155  Requirements.
300.156  Prohibited acts.
300.157  Penalties.

Subpart K--Transportation and Labeling of Fish or Wildlife

300.160  Requirement for marking of containers or packages.
300.161  Alternatives and exceptions.

Subpart A--General

    Authority: 16 U.S.C. 773 et seq.; 16 U.S.C. 951-961 and 971 et 
seq.; 16 U.S.C. 973-973r; 16 U.S.C. 2431 et seq.; 16 U.S.C. 3371-
3378; 16 U.S.C. 3636(b); 16 U.S.C. 5501 et seq.; and 16 U.S.C. 1801 
et seq.

Sec. 300.1  Purpose and scope.

    The purpose of this part is to implement the fishery conservation 
and management measures provided for in the international treaties, 
conventions, or agreements specified in each subpart, as well as 
certain provisions of the Lacey Act Amendments of 1981. The regulations 
in this part apply, except where otherwise specified in this part, to 
all persons and all places subject to the jurisdiction of the United 
States under the acts implemented under each subpart.

Sec. 300.2  Definitions.

    In addition to the definitions in each act, agreement, convention, 
or treaty specified in subparts B through K of this part, the terms 
used in this part have the following meanings:
    Assistant Administrator means the Assistant Administrator for 
Fisheries, National Oceanic and Atmospheric Administration, Department 
of Commerce, or a designee. Address: Room 14555, 1315 East-West 
Highway, Silver Spring, MD 20910.
    Authorized officer means:
    (1) Any commissioned, warrant, or petty officer of the U.S. Coast 
Guard; or any U.S. Coast Guard personnel accompanying and acting under 
the direction of a commissioned, warrant, or petty officer of the U.S. 
Coast Guard;
    (2) Any special agent or fisheries enforcement officer of NMFS; or
    (3) Any person designated by the head of any Federal or state 
agency that has entered into an agreement with the Secretary of 
Commerce or the Commandant of the U.S. Coast Guard to enforce the 
provisions of any statute administered by the Secretary.
    CCAMLR inspector means a person designated by a member of the 
Commission for the Conservation of Antarctic Marine Living Resources as 
an inspector under Article XXIV of the Convention on the Conservation 
of Antarctic Marine Living Resources to verify compliance with measures 
in effect under the Convention.
    Director, Alaska Region, means Director, Alaska Region, NMFS, 709 
West Ninth Street, Suite 401, P.O. Box 21668, Juneau, AK 99802, or a 
designee.
    Director, Northeast Region, means Director, Northeast Region, NMFS, 
One Blackburn Drive, Gloucester, MA 01930-2298, or a designee.
    Director, Northwest Region, means Director, Northwest Region, NMFS, 
7600 Sand Point Way, NE., BIN C15700, Bldg. 1, Seattle, WA 98115, or a 
designee.
    Director, Southeast Fisheries Science Center, means Director, 
Science and Research, Southeast Fisheries Science

[[Page 25448]]

Center, NMFS, 75 Virginia Beach Drive, Miami, FL 33149, or a designee.
    Director, Southeast Region, means Director, Southeast Region, NMFS, 
9721 Executive Center Drive, N., St. Petersburg, FL 33702, or a 
designee.
    Director, Southwest Region, means Director, Southwest Region, NMFS, 
501 West Ocean Boulevard, Suite 4200, Long Beach, CA 90802-4213, or a 
designee.
    Exclusive Economic Zone or EEZ means the zone established by 
Presidential Proclamation 5030, dated March 10, 1983, as defined in 16 
U.S.C. 1802(6).
    Fishing or to fish means:
    (1) The catching or taking of fish;
    (2) The attempted catching or taking of fish;
    (3) Any other activity that can reasonably be expected to result in 
the catching or taking of fish; or
    (4) Any operations at sea in support of, or in preparation for, any 
activity described in paragraphs (1) through (3) of this definition.
    Fishing vessel means any vessel, boat, ship, or other craft that is 
used for, equipped to be used for, or of a type normally used for 
fishing.
    IATTC means the Inter-American Tropical Tuna Commission, 
established pursuant to the Convention for the Establishment of an 
Inter-American Tropical Tuna Commission.
    Import means to land on, bring into, or introduce into, or attempt 
to land on, bring into, or introduce into, any place subject to the 
jurisdiction of the United States, whether or not such landing, 
bringing, or introduction, constitutes an importation within the 
meaning of the customs laws of the United States.
    IRCS means International Radio Call Sign.
    Magnuson Act means the Magnuson Fishery Conservation and Management 
Act, 16 U.S.C. 1801 et seq.
    National of the United States or U.S. national means any person 
subject to the jurisdiction of the United States, including, but not 
limited to, a citizen or resident of the United States, or a person 
employed on a vessel of the United States. In the case of a 
corporation, partnership or other non- natural person, this includes, 
but is not limited to, any entity that is the owner of a vessel of the 
United States.
    NMFS means the National Marine Fisheries Service, NOAA, Department 
of Commerce.
    NMFS Headquarters means NMFS, 135 East-West Highway, Silver Spring, 
MD 20910. Attention: Office of Fisheries Conservation and Management.
    Official number means the documentation number issued by the USCG 
or the certificate number issued by a state or the USCG for an 
undocumented vessel, or any equivalent number if the vessel is 
registered in a foreign nation.
    Operator means, with respect to any vessel, the master or other 
individual aboard and in charge of that vessel.
    Owner means, with respect to any vessel:
    (1) Any person who owns that vessel in whole or part (whether or 
not the vessel is leased or chartered);
    (2) Any charterer of the vessel, whether bareboat, time, or voyage;
    (3) Any person who acts in the capacity of a charterer, including 
but not limited to parties to a management agreement, operating 
agreement, or any similar agreement that bestows control over the 
destination, function, or operation of the vessel; or
    (4) Any agent designated as such by a person described in this 
definition.
    Person means any individual (whether or not a citizen or national 
of the United States), any corporation, partnership, association, or 
other entity (whether or not organized, or existing under the laws of 
any state), and any Federal, state, local, or foreign government or any 
entity of any such government.
    Secretary means the Secretary of Commerce or a designee.
    USCG means the United States Coast Guard.
    Yellowfin tuna means any fish of the species Thunnus albacares 
(synonomy: Neothunnus macropterus).

Sec. 300.3   Relation to other laws.

    Other laws that may apply to fishing activities addressed herein 
are set forth in Sec. 600.705 of this chapter.

Sec. 300.4   General prohibitions.

    It is unlawful for any person subject to the jurisdiction of the 
United States to:
    (a) Violate the conditions or restrictions of a permit issued under 
this part.
    (b) Fail to submit information, fail to submit information in a 
timely manner, or submit false or inaccurate information, with respect 
to any information required to be submitted, reported, communicated, or 
recorded pursuant to this part.
    (c) Make any false statement, oral or written, to an authorized 
officer concerning the catching, taking, harvesting, possession, 
landing, purchase, sale, or transfer of fish, or concerning any other 
matter subject to investigation by that officer under this part.
    (d) Conceal any material fact (including by omission), concerning 
any matter subject to investigation by an authorized officer under this 
part.
    (e) Refuse to allow an authorized officer to inspect any report or 
record required to be made or kept under this part.
    (f) Falsify, cover, or otherwise obscure, the name, home port, 
official number (if any), or any other similar marking or 
identification of any fishing vessel subject to this part such that the 
vessel cannot be readily identified from an enforcement vessel or 
aircraft.
    (g) Fail to comply immediately with any of the enforcement and 
boarding procedures specified in this part.
    (h) Refuse to allow an authorized officer to board a fishing 
vessel, or enter any other area of custody (i.e., any vessel, building, 
vehicle, live car, pound, pier, or dock facility where fish might be 
found) subject to such person's control, for the purpose of conducting 
any inspection, search, seizure, investigation, or arrest in connection 
with the enforcement of this part or any other applicable law.
    (i) Destroy, stave, or dispose of in any manner, any fish, gear, 
cargo, or other matter, upon any communication or signal from an 
authorized officer of the United States, or upon the approach of such 
an officer, enforcement vessel, or aircraft, before the officer has had 
the opportunity to inspect same, or in contravention of directions from 
such an officer.
    (j) Intentionally destroy evidence that could be used to determine 
if a violation of this part has occurred.
    (k) Assault, resist, oppose, impede, intimidate, threaten, 
obstruct, delay, prevent, or interfere, in any manner, with an 
authorized officer in the conduct of any boarding, inspection, search, 
seizure, investigation, or arrest in connection with enforcement of 
this part.
    (l) Resist a lawful arrest or detention for any act prohibited by 
this part.
    (m) Interfere with, delay, or prevent, by any means, the 
apprehension, arrest, or detection of another person, knowing that such 
person has committed any act prohibited by this part.
    (n) Interfere with, obstruct, delay, or prevent, by any means, an 
investigation, search, seizure, or disposition of seized property in 
connection with enforcement of this part.
    (o) Ship, transport, offer for sale, sell, purchase, import, 
export, or have custody, control, or possession of, any living marine 
resource taken or retained in violation of this part.
    (p) Violate any provision of any statute implemented by this part.
    (q) Attempt to do any of the foregoing.

[[Page 25449]]

Sec. 300.5   Facilitation of enforcement.

    (a) Compliance. The operator of, or any other person aboard, any 
fishing vessel subject to this part must immediately comply with 
instructions and signals issued by an authorized officer or CCAMLR 
inspector to stop the vessel, and with instructions to facilitate safe 
boarding and inspection of the vessel, its gear, equipment, fishing 
record (where applicable), and catch for purposes of enforcing this 
part.
    (b) Communications. (1) Upon being approached by a USCG vessel or 
aircraft, or other vessel or aircraft with an authorized officer or 
CCAMLR inspector aboard, the operator of a fishing vessel must be alert 
for communications conveying enforcement instructions.
    (2) VHF-FM radiotelephone is the preferred method of communicating 
between vessels. If the size of the vessel and the wind, sea, and 
visibility conditions allow, a loudhailer may be used instead of the 
radio. Hand signals, placards, high frequency radiotelephone, voice, 
flags, whistle or horn may be employed by an authorized officer or 
CCAMLR inspector, and message blocks may be dropped from an aircraft.
    (3) If other communications are not practicable, visual signals may 
be transmitted by flashing light directed at the vessel signaled. USCG 
units will normally use the flashing light signal ``L'' which, in the 
International Code of Signals, means ``you should stop your vessel 
instantly.''
    (4) Failure of a vessel's operator promptly to stop the vessel when 
directed to do so by an authorized officer or CCAMLR inspector, or by 
an enforcement vessel or aircraft, using loudhailer, radiotelephone, 
flashing light, flags, whistle, horn or other means constitutes prima 
facie evidence of the offense of refusal to allow an authorized officer 
or CCAMLR inspector to board.
    (5) A person aboard a vessel who does not understand a signal from 
an enforcement unit and who is unable to obtain clarification by 
loudhailer or radiotelephone must consider the signal to be a command 
to stop the vessel immediately.
    (c) Boarding. The operator of a vessel directed to stop must:
    (1) Monitor Channel 16, VHF-FM, if so equipped.
    (2) Stop immediately and lay to or, if appropriate and/or directed 
to do so by the authorized officer or CCAMLR inspector, maneuver in 
such a way as to allow the safe boarding of the vessel by the 
authorized officer or CCAMLR inspector and the boarding party.
    (3) Except for those vessels with a freeboard of 4 ft (1.25 m) or 
less, provide a safe ladder, if needed, for the authorized officer or 
CCAMLR inspector and boarding party to come aboard.
    (4) When necessary to facilitate the boarding or when requested by 
an authorized officer or CCAMLR inspector, provide a manrope or safety 
line, and illumination for the ladder.
    (5) Take such other actions as necessary to facilitate boarding and 
to ensure the safety of the authorized officer or CCAMLR inspector and 
the boarding party.
    (d) Signals. The following signals, extracted from the 
International Code of Signals, may be sent by flashing light by an 
enforcement unit when conditions do not allow communications by 
loudhailer or radiotelephone. Knowledge of these signals by vessel 
operators is not required. However, knowledge of these signals and 
appropriate action by a vessel operator may preclude the necessity of 
sending the signal ``L'' and the necessity for the vessel to stop 
instantly.
    (1) ``AA'' repeated (.- .-) is the call to an unknown station. The 
operator of the signaled vessel should respond by identifying the 
vessel by radiotelephone or by illuminating the vessel's 
identification.
    (2) ``RY-CY'' (.-. -.- - -.-. -.- -) means ``you should proceed at 
slow speed, a boat is coming to you.'' This signal is normally employed 
when conditions allow an enforcement boarding without the necessity of 
the vessel being boarded coming to a complete stop, or, in some cases, 
without retrieval of fishing gear that may be in the water.
    (3) ``SQ3'' (... - -.- ...- -) means ``you should stop or heave to; 
I am going to board you.''

Subpart B--High Seas Fisheries

    Authority: 16 U.S.C. 5501 et seq.

Sec. 300.10   Purpose.

    This subpart implements the High Seas Fishing Compliance Act of 
1995 (Act), which requires the Secretary to license U.S. vessels 
fishing on the high seas.

Sec. 300.11   Definitions.

    In addition to the terms defined in Sec. 300.2 and those in the Act 
and the Agreement to Promote Compliance with International Conservation 
and Management Measures by Fishing Vessels on the High Seas, adopted by 
the Conference of the Food and Agriculture Organization of the United 
Nations on November 24, 1993 (Agreement), the terms used in this 
subpart have the following meanings. If a term is defined differently 
in Sec. 300.2, the Act, or the Agreement, the definition in this 
section shall apply.
    High seas means the waters beyond the territorial sea or exclusive 
economic zone (or the equivalent) of any Nation, to the extent that 
such territorial sea or exclusive economic zone (or the equivalent) is 
recognized by the United States.
    High seas fishing vessel means any vessel of the United States used 
or intended for use on the high seas for the purpose of the commercial 
exploitation of living marine resources as a harvesting vessel, 
mothership, or any other support vessel directly engaged in a fishing 
operation.
    International conservation and management measures means measures 
to conserve or manage one or more species of living marine resources 
that are adopted and applied in accordance with the relevant rules of 
international law, as reflected in the 1982 United Nations Convention 
on the Law of the Sea, and that are recognized by the United States.
    Regional Director means any one of the Directors of the five NMFS 
regional offices, defined under Sec. 300.2, serving as the issuing 
office.

Sec. 300.12   Issuing offices.

    Any Regional Director may issue permits required under this 
subpart. While applicants for permits may submit an application to any 
Regional Director, applicants are encouraged to submit their 
applications (with envelopes marked ``Attn: HSFCA Permits'') to the 
Regional Director with whom they normally interact on fisheries 
matters.

Sec. 300.13   Vessel permits.

    (a) Eligibility. (1) Except for vessels having unpaid or overdue 
civil penalties, criminal fines, or other liabilities incurred in a 
judicial proceeding under any statute administered by NOAA, any high 
seas fishing vessel of the United States is eligible to receive a 
permit under this subpart, unless the vessel was previously authorized 
to be used for fishing on the high seas by a foreign nation, and--
    (i) The foreign nation suspended such authorization, because the 
vessel undermined the effectiveness of international conservation and 
management measures, and the suspension has not expired; or
    (ii) The foreign nation, within the 3 years preceding application 
for a permit under this section, withdrew such authorization, because 
the vessel

[[Page 25450]]

undermined the effectiveness of international conservation and 
management measures.
    (2) The restrictions in paragraphs (a)(1) (i) and (ii) of this 
section do not apply if ownership of the vessel has changed since the 
vessel undermined the effectiveness of international conservation and 
management measures, and the new owner has provided sufficient evidence 
to the Regional Director demonstrating that the owner and operator at 
the time the vessel undermined the effectiveness of such measures has 
no further legal, beneficial, or financial interest in, or control of, 
the vessel.
    (3) The restrictions in paragraphs (a)(1) (i) and (ii) of this 
section do not apply if it is determined by the Regional Director that 
issuing a permit would not subvert the purposes of the Agreement.
    (b) Application forms. The owner or operator of a high seas fishing 
vessel may apply for a permit under this subpart by completing an 
application form. Applicants may obtain an application form from a 
Regional Director.
    (c) Application information. An applicant must submit a complete 
and accurate permit application, signed by the owner or operator, to 
the appropriate Regional Director.
    (d) Fees. NMFS will charge a fee to recover the administrative 
expenses of permit issuance. The amount of the fee will be determined 
in accordance with the procedures of the NOAA Finance Handbook, 
available from a Regional Director, for determining administrative 
costs of each special product or service. The fee is specified with the 
application form. The appropriate fee must accompany each application. 
Failure to pay the fee will preclude issuance of the permit. Payment by 
a commercial instrument later determined to be insufficiently funded 
will invalidate any permit.
    (e) Issuance. (1) Except as provided in subpart D of 15 CFR part 
904, the Regional Director will issue a permit, which will include 
appropriate conditions or restrictions, within 30 days of receipt of a 
completed application and payment of the appropriate fee.
    (2) The Regional Director will notify the applicant of any 
deficiency in the application.
    (f) Validity. Permits issued under this subpart are valid for 5 
years from the date of issuance. Renewal of a permit prior to its 
expiration is the responsibility of the permit holder. For a permit to 
remain valid to its expiration date, the vessel's USCG documentation or 
state registration must be kept current. A permit issued under this 
subpart is void when the name of the owner or vessel changes, or in the 
event the vessel is no longer eligible for U.S. documentation, such 
documentation is revoked or denied, or the vessel is removed from such 
documentation.
    (g) Change in application information. Any changes in vessel 
documentation status or other permit application information must be 
reported to the Regional Director in writing within 15 days of such 
changes.
    (h) Transfer. A permit issued under this subpart is not 
transferable or assignable to another vessel or owner; it is valid only 
for the vessel and owner to which it is issued.
    (i) Display. A valid permit, or a copy thereof, issued under this 
subpart must be on board the vessel while operating on the high seas 
and available for inspection by an authorized officer. Faxed copies of 
permits are acceptable.

Sec. 300.14   Vessel and gear identification. [Reserved]

Sec. 300.15   Prohibitions.

    In addition to the prohibitions in Sec. 300.4, it is unlawful for 
any person to:
    (a) Use a high seas fishing vessel on the high seas in 
contravention of international conservation and management measures.
    (b) Use a high seas fishing vessel on the high seas, unless the 
vessel has on board a valid permit issued under Sec. 300.13.

Sec. 300.16   Penalties.

    Any person or high seas fishing vessel found to be in violation of 
the Act, this subpart, or any permit issued under this subpart will be 
subject to the civil and criminal penalty provisions, permit sanctions, 
and forfeiture provisions prescribed in the Act, 15 CFR part 904 (Civil 
Procedures), and other applicable laws.

Sec. 300.17   Reporting and recordkeeping. [Reserved]

Subpart C--Pacific Tuna Fisheries

    Authority: 16 U.S.C. 951-961 and 971 et seq.

Sec. 300.20   Purpose and scope.

    The regulations in this subpart implement the Tuna Conventions Act 
of 1950 (Act), the Atlantic Tunas Convention Act of 1975, and the IATTC 
recommendations for the conservation of yellowfin tuna and the 
recommendations of the International Commission for the Conservation of 
Atlantic Tunas for the conservation of bluefin tuna, so far as they 
affect vessels and persons subject to the jurisdiction of the United 
States.

Sec. 300.21   Definitions.

    In addition to the terms defined in Sec. 300.2, in the Act, the 
Convention for the Establishment of an Inter-American Tropical Tuna 
Commission, and the International Convention for the Conservation of 
Atlantic Tunas, the terms used in this subpart have the following 
meanings. If a term is defined differently in Sec. 300.2, the Act, or 
the Conventions, the definition in this section shall apply.
    Bluefin tuna means the fish species Thunnus thynnus that is found 
in any ocean area.
    Fishing vessel means any vessel, boat, ship, or other craft that is 
used for, equipped to be used for, or of a type that is normally used 
for fishing or for assisting or supporting a vessel engaged in fishing, 
except purse seine skiffs.
    Pacific bluefin tuna means the subspecies of bluefin tuna Thunnus 
thynnus orientalis that is found in the Pacific Ocean.
    Regional Director means the Director, Southwest Region.
    Tag means the flexible, self-locking ribbon issued by the NMFS for 
the identification of bluefin tuna under Sec. 300.26 or Sec. 285.30 of 
this chapter.

Sec. 300.22   Yellowfin tuna--Recordkeeping and written reports.

    The master or other person in charge of a fishing vessel, or a 
person authorized in writing to serve as the agent for either person, 
must keep an accurate log of all operations conducted from the fishing 
vessel, entering for each day the date, noon position (stated in 
latitude and longitude or in relation to known physical features), and 
the tonnage of fish on board, by species. The record and bridge log 
maintained at the request of the IATTC shall be sufficient to comply 
with this paragraph, provided the items of information specified are 
accurately entered in the log.

Sec. 300.23   Yellowfin tuna--Persons and vessels exempted.

    This subpart does not apply to:
    (a) Any person or vessel authorized by the IATTC, the Assistant 
Administrator, or any state of the United States to engage in fishing 
for research purposes.
    (b) Any person or vessel engaged in sport fishing for personal use.

Sec. 300.24   Pacific bluefin tuna--Dealer permits.

    (a) General. A dealer importing Pacific bluefin tuna, or purchasing 
or receiving for export Pacific bluefin tuna first landed in the United 
States, must

[[Page 25451]]

have a valid permit issued under this section.
    (b) Application. A dealer must apply for a permit in writing on an 
appropriate form obtained from the Regional Director. The application 
must be signed by the dealer and be submitted to the Regional Director 
at least 30 days before the date upon which the dealer desires to have 
the permit made effective. The application must contain the following 
information: Company name, principal place of business, owner's or 
owners' names, applicant's name (if different from owner or owners) and 
mailing address and telephone number, and any other information 
required by the Regional Director.
    (c) Issuance. (1) Except as provided in subpart D of 15 CFR part 
904, the Regional Director will issue a permit within 30 days of 
receipt of a completed application.
    (2) The Regional Director will notify the applicant of any 
deficiency in the application. If the applicant fails to correct the 
deficiency within 15 days following the date of notification, the 
application will be considered abandoned.
    (d) Duration. Any permit issued under this section is valid until 
December 31 of the year for which it is issued, unless suspended or 
revoked.
    (e) Alteration. Any permit that is substantially altered, erased, 
or mutilated is invalid.
    (f) Replacement. The Regional Director may issue replacement 
permits. An application for a replacement permit is not considered a 
new application.
    (g) Transfer. A permit issued under this section is not 
transferable or assignable; it is valid only for the dealer to whom it 
is issued.
    (h) Inspection. The dealer must keep the permit issued under this 
section at his/her principal place of business. The permit must be 
displayed for inspection upon request of any authorized officer, or any 
employee of NMFS designated by the Regional Director for such purpose.
    (i) Sanctions. The Assistant Administrator may suspend, revoke, 
modify, or deny a permit issued or sought under this section. 
Procedures governing permit sanctions and denials are found at subpart 
D of 15 CFR part 904.
    (j) Fees. The Regional Director may charge a fee to recover the 
administrative expenses of permit issuance. The amount of the fee is 
calculated, at least annually, in accordance with the procedures of the 
NOAA Finance Handbook, available from the Regional Director, for 
determining administrative costs of each special product or service. 
The fee may not exceed such costs and is specified on each application 
form. The appropriate fee must accompany each application. Failure to 
pay the fee will preclude issuance of the permit. Payment by a 
commercial instrument later determined to be insufficiently funded 
shall invalidate any permit.
    (k) Change in application information. Within 15 days after any 
change in the information contained in an application submitted under 
this section, the dealer issued a permit must report the change to the 
Regional Director in writing. The permit is void if any change in 
information is not reported within 15 days.

Sec. 300.25   Pacific bluefin tuna--Dealer recordkeeping and reporting.

    Any person issued a dealer permit under Sec. 300.24:
    (a) Must submit to the Regional Director a biweekly report on 
bluefin imports and exports on forms supplied by NMFS.
    (1) The report required by this paragraph (a) must be postmarked 
and mailed at the dealer's expense within 10 days after the end of each 
2-week reporting period in which Pacific bluefin tuna were exported. 
The biweekly reporting periods are defined as the first day to the 14th 
day of each month and the 15th day to the last day of the month.
    (2) Each report must specify accurately and completely for each 
tuna or each shipment of bulk-frozen tuna exported: Date of landing or 
import; any tag number (if so tagged); weight in kilograms (specify if 
round or dressed); and any other information required by the Regional 
Director. At the top of each form, the company's name, license number, 
and the name of the person filling out the report must be specified. In 
addition, the beginning and ending dates of the 2-week reporting period 
must be specified by the dealer and noted at the top of the form.
    (b) Must allow an authorized officer, or any employee of NMFS 
designated by the Regional Director for this purpose, to inspect and 
copy any records of transfers, purchases, or receipts of Pacific 
bluefin tuna.
    (c) Must retain at his/her principal place of business a copy of 
each biweekly report for a period of 2 years from the date on which it 
was submitted to the Regional Director.

Sec. 300.26  Pacific bluefin tuna--tags.

    (a) Issuance. The Regional Director will issue numbered tags to 
each person receiving a dealer's permit under Sec. 300.24.
    (b) Transfer. Tail tags issued under this section are not 
transferable and are usable only by the permitted dealer to whom they 
are issued.
    (c) Affixing tags. At the discretion of dealers permitted under 
Sec. 300.24, a tag issued under paragraph (a) of this section may be 
affixed to each Pacific bluefin tuna purchased or received by the 
dealer. If so tagged, the tag must be affixed to the tuna between the 
fifth dorsal finlet and the keel and tag numbers must be recorded on 
NMFS reports required by Sec. 300.25(a) and any documents accompanying 
the shipment of Pacific bluefin tuna for domestic commercial use or 
export.
    (d) Removal. An NMFS-issued tag affixed to any Pacific bluefin tuna 
at the option of any permitted dealer under paragraph (c) of this 
section or any tag affixed to any Pacific bluefin tuna to meet the 
requirements of Sec. 285.202(a)(6)(v) of this chapter must remain on 
the tuna until the tuna is cut into portions. If the tuna or tuna parts 
subsequently are packaged for transport for domestic commercial use or 
for export, the tag number must be written legibly and indelibly on the 
outside of any package or container.
    (e) Reuse. Tags issued under this section are separately numbered 
and may be used only once, one tail tag per fish, to distinguish the 
purchase of one Pacific bluefin tuna. Once affixed to a tuna or 
recorded on any package, container or report, a tail tag and associated 
number may not be reused.

Sec. 300.27  Pacific bluefin tuna--documentation requirements.

    Bluefin tuna imported into, or exported or re-exported from the 
customs territory of the United States is subject to the documentation 
requirements specified in part 285 of this chapter (Secs. 285.200-
285.203).

Sec. 300.28  Pacific bluefin tuna--prohibitions.

    In addition to the prohibitions in Sec. 300.4, it is unlawful for 
any person or vessel subject to the jurisdiction of the United States 
to:
    (a) Import Pacific bluefin tuna or purchase or receive for export 
Pacific bluefin tuna first landed in the United States without a valid 
dealer permit issued under Sec. 300.24.
    (b) Remove any NMFS-issued tag affixed to any Pacific bluefin tuna 
at the option of any permitted dealer or any tag affixed to a Pacific 
bluefin tuna to meet the requirements of Sec. 285.202(a)(6)(v) of this 
chapter, before removal is allowed under Sec. 300.26, or fail to write 
the tag number on the shipping package or container as specified in 
Sec. 300.26.

[[Page 25452]]

    (c) Reuse any NMFS-issued tag affixed to a Pacific bluefin tuna at 
the option of a permitted dealer or any tag affixed to a Pacific 
bluefin tuna to meet the requirements of Sec. 285.202(a)(6)(v) of this 
chapter or reuse any tag number previously written on a shipping 
package or container as prescribed by Sec. 300.26.

Subpart D--South Pacific Tuna Fisheries

    Authority: 16 U.S.C. 973-973r.

Sec. 300.30  Purpose and scope.

    This subpart implements the South Pacific Tuna Act of 1988 (Act) 
and the Treaty on Fisheries Between the Governments of Certain Pacific 
Island States and the Government of the United States of America 
(Treaty) and applies to persons and vessels subject to the jurisdiction 
of the United States.

Sec. 300.31  Definitions.

    In addition to the terms defined in Sec. 300.2, in the Act, and in 
the Treaty, and unless the context requires otherwise, the terms used 
in this subpart have the following meanings. If a term is defined 
differently in Sec. 300.2, the Act, or the Treaty, the definition in 
this section shall apply.
    Administrator means the individual or organization designated by 
the Pacific Island Parties to act on their behalf under the Treaty and 
notified to the United States.
    Applicable national law means any provision of law of a Pacific 
Island Party that is described in paragraph 1(a) of Annex I of the 
Treaty.
    Authorized inspector means any individual authorized by a Pacific 
Island Party or the Secretary to conduct inspections, to remove samples 
of fish, and to gather any other information relating to fisheries in 
the Licensing Area.
    Authorized officer means any officer who is authorized by the 
Secretary, or the Secretary of Transportation, or the head of any 
Federal or state agency that has entered into an enforcement agreement 
with the Secretary under section 10(a) of the Act.
    Authorized party officer means any officer authorized by a Pacific 
Island Party to enforce the provisions of the Treaty.
    Closed area means any of the closed areas identified in Schedule 2 
of Annex I of the Treaty.
    Fishing means searching for, catching, taking, or harvesting fish; 
attempting to search for, catch, take, or harvest fish; engaging in any 
other activity that can reasonably be expected to result in the 
locating, catching, taking, or harvesting of fish; placing, searching 
for, or recovering fish aggregating devices or associated electronic 
equipment such as radio beacons; any operations at sea directly in 
support of, or in preparation for, any activity described in this 
paragraph; or aircraft use, relating to the activities described in 
this definition, except for flights in emergencies involving the health 
or safety of crew members or the safety of a vessel.
    Fishing arrangement means an arrangement between a Pacific Island 
Party and the owner of a U.S. fishing vessel that complies with section 
6(b) of the Act.
    Fishing vessel or vessel means any boat, ship, or other craft that 
is used for, equipped to be used for, or of a type normally used for 
commercial fishing, and that is documented under the laws of the United 
States.
    Licensing Area means all waters in the Treaty Area except for:
    (1) Those waters subject to the jurisdiction of the United States 
in accordance with international law.
    (2) Those waters within closed areas.
    (3) Those waters within limited areas closed to fishing.
    Licensing period means the period of validity of licenses issued in 
accordance with the Treaty.
    Limited area(s) means those areas so identified in Schedule 3 of 
Annex I of the Treaty.
    Operator means any person who is in charge of, directs or controls 
a vessel, including the owner, charterer and master.
    Pacific Island Party means a Pacific island nation that is a party 
to the Treaty.
    Regional Director means the Director, Southwest Region, or a 
designee.
    Transship means to unload any or all of the fish on board a 
licensed vessel either ashore or onto another vessel.
    Treaty Area means the area described in paragraph 1(k) of Article I 
of the Treaty.

Sec. 300.32  Vessel licenses.

    (a) Each vessel fishing in the Licensing Area must have a license 
issued by the Administrator for the licensing period being fished, 
unless excepted by Sec. 300.39. Each licensing period begins on June 15 
and ends on June 14 of the following year.
    (b) Upon receipt, the license or a duly certified copy, facsimile 
or telex confirmation must be carried on board the vessel when in the 
Licensing Area or Closed Areas and must be produced at the request of 
authorized officers, authorized party officers, or authorized 
inspectors. Prior to receipt of the license, but after issuance, a 
vessel may be used to fish, provided the number of the issued license 
is available on board.
    (c) Application forms for licenses to use a vessel to fish in the 
Licensing Area may be requested from, and upon completion, must be 
returned to, the Regional Director. All of the information requested on 
the form and the following must be supplied before the application will 
be considered complete:
    (1) The licensing period for which the license is requested.
    (2) The name of an agent, located in Port Moresby, Papua New 
Guinea, who, on behalf of the license holder, will receive and respond 
to any legal process issued in accordance with the Treaty.
    (3) Documentation from an insurance company showing that the vessel 
will be fully insured for the licensing period against all risks and 
liabilities normally covered by maritime liability insurance.
    (4) If the owner or charterer is the subject of proceedings under 
the bankruptcy laws of the United States, reasonable assurances that 
the owner or charterer will be financially able to fulfill any and all 
responsibilities under the Treaty, Act, and regulations, including the 
payment of any penalties or fines.
    (5) A copy of the vessel's USCG Certificate of Documentation.
    (d) The number of available licenses are set forth in Schedule 2 of 
Annex II of the Treaty.
    (e) Applications for vessels may be submitted at any time; complete 
applications will be forwarded to the Secretary of State for 
transmittal to the Administrator.
    (f) The Secretary, in consultation with the Secretary of State, may 
determine that a license application for a vessel should not be 
forwarded to the Administrator if:
    (1) The application is not in accord with the Treaty, Act, or 
regulations;
    (2) The owner or charterer is the subject of proceedings under the 
bankruptcy laws of the United States, and reasonable financial 
assurances have not been provided to the Secretary that the owner or 
charterer will be financially able to fulfill any and all 
responsibilities under the Treaty, Act, and regulations, including the 
payment of any penalties or fines;
    (3) The owner or charterer has not established to the satisfaction 
of the Secretary that the vessel will be fully insured for the 
licensing period against all risks and liabilities normally covered by 
maritime liability insurance; or
    (4) The owner or charterer has not paid any final penalty assessed 
by the Secretary in accordance with the Act.
    (g) An applicant will be promptly notified if that applicant's 
license

[[Page 25453]]

application will not be forwarded to the Administrator, and of the 
reasons therefor. Within 15 days of notification by the Regional 
Director that the application will not be forwarded, an applicant may 
request reconsideration by providing a petition for reconsideration 
accompanied by new or additional information.

Sec. 300.33  Compliance with applicable national laws.

    The operator of the vessel shall comply with each of the applicable 
national laws, and the operator of the vessel shall be responsible for 
the compliance by the vessel and its crew with each of the applicable 
national laws, and the vessel shall be operated in accordance with 
those laws.

Sec. 300.34  Reporting requirements.

    (a) License holders shall comply with the reporting requirements of 
parts 4 and 5 of Annex I to the Treaty.
    (b) Information provided by license holders under Schedule 5 of 
Annex I of the Treaty shall be provided on the designated Forum 
Fisheries Agency form(s) to the Regional Director within 2 days of 
reaching port.
    (c) Information provided by license holders under Schedule 6 of 
Annex I of the Treaty shall be provided on the designated Forum 
Fisheries Agency form(s) to the Regional Director within 2 days of 
completing unloading.
    (d) Any information required to be recorded, or to be notified, 
communicated or reported pursuant to a requirement of these 
regulations, the Act, or the Treaty shall be true, complete and 
correct. Any change in circumstances that has the effect of rendering 
any of the information provided false, incomplete or misleading shall 
be communicated immediately to the Regional Director.

Sec. 300.35  Vessel and gear identification.

    While a vessel is in the Licensing Area, a Limited Area closed to 
fishing, or a Closed Area, a recent and up-to-date copy of the 
International Code of Signals (INTERCO) shall be on board and 
accessible at all times. The operator shall comply with the 1989 Food 
and Agricultural Organization standard specifications for the marking 
and identification of fishing vessels. The international radio call 
sign of the vessel shall be painted in white on a black background, or 
in black on a white background, and be clear, distinct, and uncovered, 
in the following manner:
    (a) On both sides of the vessel's hull or superstructure, with each 
letter and number being at least 1 m high and having a stroke width of 
16.7 cm, with the background extending to provide a border around the 
mark of not less than 16.7 cm.
    (b) On the vessel's deck, on the body of any helicopter and on the 
hull of any skiff, with each letter and number being at least 30 cm 
high, and having a stroke width of 5 cm with the background extending 
to provide a border around the mark of not less than 5 cm.
    (c) On any other equipment being carried by and intended to be 
separated from the vessel during normal fishing operations, with each 
letter and number being at least 10 cm high and having a stroke width 
of 1.7 cm, with the background extending to provide a border around the 
mark of not less than 1.7 cm.

Sec. 300.36  Closed area stowage requirements.

    At all times while a vessel is in a Closed Area, the fishing gear 
of the vessel shall be stowed in a manner as not to be readily 
available for fishing. In particular, the boom shall be lowered as far 
as possible so that the vessel cannot be used for fishing, but so that 
the skiff is accessible for use in emergency situations; the 
helicopter, if any shall be tied down; and launches shall be secured.

Sec. 300.37  Radio monitoring.

    The international distress frequency, 2.182 mHz, and 156.8 mHz 
(Channel 16, VHF) shall be monitored continuously from the vessel for 
the purpose of facilitating communication with the fisheries 
management, surveillance and enforcement authorities of the Parties.

Sec. 300.38  Prohibitions.

    (a) Except as provided for in Sec. 300.39, in addition to the 
prohibitions in Sec. 300.4, it is unlawful for any person subject to 
the jurisdiction of the United States to do any of the following:
    (1) To violate the Act or any provision of any regulation or order 
issued pursuant to Act.
    (2) To use a vessel for fishing in violation of an applicable 
national law.
    (3) To violate the terms and conditions of any fishing arrangement 
to which that person is a party.
    (4) To use a vessel for fishing in a Limited Area in violation of 
the requirements set forth in Schedule 3 of Annex I of the Treaty on 
``Limited Areas''.
    (5) To use a vessel for fishing in any Closed Area.
    (6) To refuse to permit any authorized officer or authorized party 
officer to board a fishing vessel for purpose of conducting a search or 
inspection in connection with the enforcement of the Act or the Treaty.
    (7) To refuse to comply with the instructions of an authorized 
officer or authorized party officer relating to fishing activities 
under the Treaty.
    (8) To refuse to permit an authorized inspector full access to any 
place where fish taken in the Licensing Area is unloaded.
    (9) To refuse to allow an authorized inspector to remove samples of 
fish from a vessel that fished in the Licensing Area.
    (10) To forcibly assault, resist, oppose, impede, intimidate, or 
interfere with:
    (i) Any authorized officer, authorized party officer or authorized 
inspector in the conduct of a search or inspection in connection with 
the enforcement of these regulations, the Act or the Treaty; or
    (ii) An observer in the conduct of observer duties under the 
Treaty.
    (11) To transship fish on board a vessel that fished in the 
Licensing Area, except in accordance with the conditions set out in 
parts 3 and 4 of Annex I to the Treaty.
    (b) Except as provided for in Sec. 300.39, it is unlawful for any 
person subject to the jurisdiction of the United States when in the 
Licensing Area:
    (1) To use a vessel to fish unless validly licensed as required by 
the Administrator.
    (2) To use a vessel for directed fishing for southern bluefin tuna 
or for fishing for any kinds of fish other than tunas, except that fish 
may be caught as a incidental bycatch.
    (3) To use a vessel for fishing by any method, except the purse-
seine method.
    (4) To use any vessel to engage in fishing after the revocation of 
its license, or during the period of suspension of an applicable 
license.
    (5) To operate a vessel in such a way as to disrupt or in any other 
way adversely affect the activities of traditional and locally based 
fishermen and fishing vessels.
    (6) To use a vessel to fish in a manner inconsistent with an order 
issued by the Secretary under Sec. 300.42 (section 11 of the Act).
    (7) Except for circumstances involving force majeure and other 
emergencies involving the health or safety of crew members or the 
safety of the vessel, to use aircraft in association with fishing 
activities of a vessel, unless it is identified on the license 
application for the vessel, or any amendment thereto.

Sec. 300.39  Exceptions.

    (a) The prohibitions of Sec. 300.38 and the licensing requirements 
of Sec. 300.32 do not apply to fishing for albacore tuna by vessels 
using the trolling method outside of the 200 nautical mile

[[Page 25454]]

fisheries zones of the Pacific Island Parties.
    (b) The prohibitions of Sec. 300.38(a)(4), (a)(5), and (b)(3) do 
not apply to fishing under the terms and conditions of a fishing 
arrangement.

Sec. 300.40  Civil penalties.

    The procedures of 15 CFR part 904 apply to the assessment of civil 
penalties, except as modified by the requirements of section 8 of the 
Act.

Sec. 300.41  Investigation notification.

    Upon commencement of an investigation under section 10(b)(1) of the 
Act, the operator of any vessel concerned shall have 30 days after 
receipt of notification of the investigation and the operator's rights 
under section 10(b)(1) to submit comments, information, or evidence 
bearing on the investigation, and to request in writing that the 
Secretary provide the operator an opportunity to present the comments, 
information, or evidence orally to the Secretary or the Secretary's 
representative.

Sec. 300.42  Findings leading to removal from fishing area.

    (a) Following an investigation conducted under section 10(b) of the 
Act, the Secretary, with the concurrence of the Secretary of State, and 
upon the request of the Pacific Island Party concerned, may order a 
fishing vessel that has not submitted to the jurisdiction of that 
Pacific Island Party to leave immediately the Licensing Area, all 
Limited Areas, and all Closed Areas upon making a finding that:
    (1) Th

FR Doc. 96-12447 International Fisheries; Consolidation of Regulations

e fishing vessel--
(i) While fishing in the Licensing Area did not have a license
under the Treaty to fish in the Licensing Area, and that under
paragraph 2 of Article 3 of the Treaty, the fishing is not authorized
to be conducted in the Licensing Area without a license;
(ii) Was involved in any incident in which an authorized officer,
authorized party officer, or observer was allegedly assaulted with
resultant bodily harm, physically threatened, forcibly resisted,
refused boarding or subjected to physical intimidation or physical
interference in the performance of duties as authorized by the Act or
the Treaty;
(iii) Has not made full payment within 60 days of any amount due as
a result of a final judgement or other final determination deriving
from a violation in waters within the Treaty Area of a Pacific Island
Party; or
(iv) Was not represented by an agent for service of process in
accordance with the Treaty; or
(2) There is probable cause to believe that the fishing vessel--
(i) Was used in violation of section 5(a)(4), (a)(5), (b)(2), or
(b)(3) of the Act;
(ii) Used an aircraft in violation of section 5(b)(7) of the Act;
or
(iii) Was involved in an incident in which section 5(a)(7) of the
Act was violated.
(b) Upon being advised by the Secretary of State that proper
notification to Parties has been made under paragraph 7 of Article 5 of
the Treaty that a Pacific Island Party is investigating an alleged
infringement of the Treaty by a vessel in waters under the jurisdiction
of that Pacific Island Party, the Secretary shall order the vessel to
leave those waters until the Secretary of State notifies the Secretary
that the order is no longer necessary.
(c) The Secretary shall rescind any order issued on the basis of a
finding under paragraphs (a)(1)(iii) or (iv) of this section
(subsections 11(a)(1)(C) or (D) of the Act) as soon as the Secretary
determines that the facts underlying the finding do not apply.
(d) An order issued in accordance with this section is not subject
to judicial review.

Sec. 300.43 Observers.

(a) The operator and each member of the crew of a vessel shall
allow and assist any person identified as an observer under the Treaty
by the Pacific Island Parties:
(1) To board the vessel for scientific, compliance, monitoring and
other functions at the point and time notified by the Pacific Island
Parties to the Secretary.
(2) Without interfering unduly with the lawful operation of the
vessel, to have full access to and use of facilities and equipment on
board the vessel that the observer may determine are necessary to carry
out observer duties; have full access to the bridge, fish on board, and
areas that may be used to hold, process, weigh and store fish; remove
samples; have full access to vessel's records, including its log and
documentation for the purpose of inspection and copying; have
reasonable access to navigation equipment, charts, and radios, and
gather any other information relating to fisheries in the Licensing
Area.
(3) To disembark at the point and time notified by the Pacific
Island Parties to the Secretary.
(4) To carry out observer duties safely.
(b) The operator shall provide the observer, while on board the
vessel, at no expense to the Pacific Island Parties, with food,
accommodation and medical facilities of reasonable standard as may be
acceptable to the Pacific Island Party whose representative is serving
as the observer.

Sec. 300.44 Other inspections.

The operator and each member of the crew of any vessel from which
any fish taken in the Licensing Area is unloaded or transshipped shall
allow, or arrange for, and assist any authorized inspector, authorized
party officer, or authorized officer to have full access to any place
where the fish is unloaded or transshipped, to remove samples, to have
full access to the vessel's records, including its log and
documentation for the purpose of inspection and photocopying, and to
gather any other information relating to fisheries in the Licensing
Area without interfering unduly with the lawful operation of the
vessel.

Subpart E--Pacific Halibut Fisheries

Authority: 16 U.S.C. 773-773k.

Sec. 300.60 Purpose and scope.

This subpart implements the North Pacific Halibut Act of 1982 (Act)
and is intended to supplement, not conflict with, the annual fishery
management measures adopted by the International Pacific Halibut
Commission (Commission) under the Convention between the United States
and Canada for the Preservation of the Halibut Fishery of the Northern
Pacific Ocean and Bering Sea (Convention).

Sec. 300.61 Definitions.

In addition to the terms defined in Sec. 300.2 and those in the Act
and the Convention, the terms used in this subpart have the following
meanings. If a term is defined differently in Sec. 300.2, the Act, or
the Convention, the definition in this section shall apply.
Area 2A includes all waters off the States of California, Oregon,
and Washington.
Commercial fishing means fishing, the resulting catch of which
either is, or is intended to be, sold or bartered.
Person includes an individual, corporation, firm, or association.
Subarea 2A-1 includes all U.S. waters off the coast of Washington
that are north of 46 deg.53'18'' N. lat. and east of 125 deg.44'00'' W.
long., and all inland marine waters of Washington.
Treaty Indian tribes means the Hoh, Jamestown S'Klallam, Lower
Elwha S'Klallam, Lummi, Makah, Port Gamble S'Klallam, Quileute,
Quinault, Skokomish, Suquamish, Swinomish, and Tulalip tribes.

[[Page 25455]]

Sec. 300.62 Annual management measures.

Annual management measures may be added and modified through
adoption by the Commission and publication in the Federal Register by
the Assistant Administrator, with immediate regulatory effect. Such
measures may include, inter alia, provisions governing: Licensing of
vessels, inseason actions, regulatory areas, fishing periods, closed
periods, closed areas, catch limits (quotas), fishing period limits,
size limits, careful release of halibut, vessel clearances, logs,
receipt and possession of halibut, fishing gear, retention of tagged
halibut, supervision of unloading and weighing, and sport fishing for
halibut. The Assistant Administrator will publish the Commission's
regulations setting forth annual management measures in the Federal
Register by March 15 each year. Annual management measures may be
adjusted inseason by the Commission.

Sec. 300.63 Catch sharing plans and domestic management measures.

Catch sharing plans (CSP) may be developed by the appropriate
regional fishery management council, and approved by NMFS, for portions
of the fishery. Any approved catch sharing plan may be obtained from
the Director, Northwest Region, or the Director, Alaska Region.
(a) The catch sharing plan for area 2A provides a framework that
shall be applied to the annual Area 2A total allowable catch (TAC)
adopted by the Commission, and shall be implemented through domestic
and Commission regulations, which will be published in the Federal
Register each year before March 15. The Area 2A CSP allocates halibut
among the treaty Indian fishery, segments of the non-Indian commercial
fishery, and segments of the recreational fishery.
(1) Each year, before January 1, NMFS will publish a proposal to
govern the recreational fishery under the CSP for the following year
and will seek public comment. The comment period will extend until
after the Commission's annual meeting, so the public will have the
opportunity to consider the final area 2A total allowable catch (TAC)
before submitting comments. After the Commission's annual meeting and
review of public comments, NMFS will publish in the Federal Register
the final rule governing sport fishing in area 2A. Annual management
measures may be adjusted inseason by NMFS.
(2) A portion of the commercial TAC is allocated as incidental
catch in the salmon troll fishery in Area 2A. Each year the landing
restrictions necessary to keep the fishery within its allocation will
be recommended by the Pacific Fishery Management Council at its spring
meetings, and will be published in the Federal Register along with the
annual salmon management measures.
(3) The commercial longline fishery in area 2A is governed by the
annual management measures published pursuant to Secs. 300.62 and
300.63.
(4) The treaty Indian fishery is governed by Sec. 300.64 and tribal
regulations. The annual quota for the fishery will be announced with
the Commission regulations under Sec. 300.62
(b) The catch sharing plan for area 4 allocates the annual TAC
among area 4 subarea, and will be implemented by the Commission in
management measures published pursuant to Sec. 300.62.

Sec. 300.64 Fishing by U.S. treaty Indian tribes.

(a) Halibut fishing in subarea 2A-1 by members of U.S. treaty
Indian tribes located in the State of Washington is governed by this
section.
(b) Commercial fishing for halibut by treaty Indians is permitted
only in subarea 2A-1 with hook-and-line gear in conformance with the
season and quota established annually by the Commission.
(c) Commercial fishing periods and management measures to implement
paragraph (b) of this section will be established by treaty Indian
tribal regulations.
(d) Commercial fishing for halibut by treaty Indians shall comply
with the Commission's management measures governing size limits,
careful release of halibut, logs, and fishing gear (published pursuant
to Sec. 300.62), except that the 72-hour fishing restriction preceding
the opening of a halibut fishing period shall not apply to treaty
Indian fishing.
(e) Ceremonial and subsistence fishing for halibut by treaty
Indians in subarea 2A-1 is permitted with hook-and-line gear from
January 1 to December 31.
(f) No size or bag limits shall apply to the ceremonial and
subsistence fishery, except that when commercial halibut fishing is
prohibited pursuant to paragraph (b) of this section, treaty Indians
may take and retain not more than two halibut per person per day.
(g) Halibut taken for ceremonial and subsistence purposes shall not
be offered for sale or sold.
(h) Any member of a U.S. treaty Indian tribe who is engaged in
commercial or ceremonial and subsistence fishing under this section
must have on his or her person a valid treaty Indian identification
card issued pursuant to 25 CFR part 249, subpart A, and must comply
with the treaty Indian vessel and gear identification requirements of
Final Decision No. 1 and subsequent orders in United States v.
Washington 384 F. Supp. 312 (W.D. Wash., 1974).
(i) The following table sets forth the fishing areas of each of the
12 treaty Indian tribes fishing pursuant to this section. Within
subarea 2A-1, boundaries of a tribe's fishing area may be revised as
ordered by a Federal Court.

----------------------------------------------------------------------------------------------------------------
Tribe Boundaries
----------------------------------------------------------------------------------------------------------------
HOH................................................. Between 47 deg.54'18'' N. lat. (Quillayute River) and 47
deg.21'00'' N. lat. (Quinault River), and east of 125
deg.44'00'' W. long.
JAMESTOWN S'KLALLAM................................. Those locations in the Strait of Juan de Fuca and Puget
Sound as determined in or in accordance with Final
Decision No. 1 and subsequent orders in United States v.
Washington, 384 F. Supp. 312 (W.D. Wash., 1974), and
particularly at 626 F. Supp. 1486, to be places at which
the Jamestown S'Klallam Tribe may fish under rights
secured by treaties with the United States.
LOWER ELWHA S'KLALLAM............................... Those locations in the Strait of Juan de Fuca and Puget
Sound as determined in or in accordance with Final
Decision No. 1 and subsequent orders in United States v.
Washington, 384 F. Supp. 312 (W.D. Wash., 1974), and
particularly at 459 F. Supp. 1049 and 1066 and 626 F.
Supp. 1443, to be places at which the Lower Elwha
S'Klallam Tribe may fish under rights secured by treaties
with the United States.
LUMMI............................................... Those locations in the Strait of Juan de Fuca and Puget
Sound as determined in or in accordance with Final
Decision No. 1 and subsequent orders in United States v.
Washington, 384 F. Supp. 312 (W.D. Wash., 1974), and
particularly at 384 F. Supp. 360, as modified in
Subproceeding No. 89-08 (W.D. Wash., February 13, 1990)
(decision and order re: cross-motions for summary
judgement), to be places at which the Lummi Tribe may
fish under rights secured by treaties with the United
States.
MAKAH............................................... North of 48 deg.02'15'' N. lat. (Norwegian Memorial), west
of 123 deg.42'30'' W. long., and east of 125 deg.44'00''
W. long.

[[Page 25456]]

PORT GAMBLE S'KLALLAM............................... Those locations in the Strait of Juan de Fuca and Puget
Sound as determined in or in accordance with Final
Decision No. 1 and subsequent orders in United States v.
Washington, 384 F. Supp. 312 (W.D. Wash., 1974), and
particularly at 626 F. Supp. 1442, to be places at which
the Port Gamble S'Klallam Tribe may fish under rights
secured by treaties with the United States.
QUILEUTE............................................ Between 48 deg.07'36'' N. lat. (Sand Point) and 47
deg.31'42'' N. lat. (Queets River), and east of 125
deg.44'00'' W. long.
QUINAULT............................................ Between 47 deg.40'06'' N. lat. (Destruction Island) and 46
deg.53'18'' N. lat. (Point Chehalis), and east of 125
deg.44'00'' W. long.
SKOKOMISH........................................... Those locations in the Strait of Juan de Fuca and Puget
Sound as determined in or in accordance with Final
Decision No. 1 and subsequent orders in United States v.
Washington, 384 F. Supp. 312 (W.D. Wash., 1974), and
particularly at 384 F. Supp. 377, to be places at which
the Skokomish Tribe may fish under rights secured by
treaties with the United States.
SUQUAMISH........................................... Those locations in the Strait of Juan de Fuca and Puget
Sound as determined in or in accordance with Final
Decision No. 1 and subsequent orders in United States v.
Washington, 384 F. Supp. 312 (W.D. Wash., 1974), and
particularly at 459 F. Supp. 1049, to be places at which
the Suquamish Tribe may fish under rights secured by
treaties with the United States.
SWINOMISH........................................... Those locations in the Strait of Juan de Fuca and Puget
Sound as determined in or in accordance with Final
Decision No. 1 and subsequent orders in United States v.
Washington, 384 F. Supp. 312 (W.D. Wash., 1974), and
particularly at 459 F. Supp. 1049, to be places at which
the Swinomish Tribe may fish under rights secured by
treaties with the United States.
TULALIP............................................. Those locations in the Strait of Juan de Fuca and Puget
Sound as determined in or in accordance with Final
Decision No. 1 and subsequent orders in United States v.
Washington, 384 F. Supp. 312 (W.D. Wash., 1974), and
particularly at 626 F. Supp. 1531-1532, to be places at
which the Tulalip Tribe may fish under rights secured by
treaties with the United States.
----------------------------------------------------------------------------------------------------------------

Sec. 300.65 Prohibitions.

In addition to the prohibitions in Sec. 300.4, the following
prohibitions apply within this subpart. It is unlawful for any person
to fish for halibut except in accordance with:
(a) The management measures published under Sec. 300.62.
(b) The catch sharing plans and management measures implemented
under Sec. 300.63.

Subpart F--Fraser River Sockeye and Pink Salmon Fisheries

Authority: Pacific Salmon Treaty Act, 16 U.S.C. 3636(b).

Sec. 300.90 Purpose and scope.

This subpart implements the Pacific Salmon Treaty Act of 1985 (16
U.S.C. 3631-3644) (Act) and is intended to supplement, not conflict
with, the fishery regimes and Fraser River Panel regulations adopted
under the Treaty between the Government of the United States of America
and the Government of Canada Concerning Pacific Salmon, signed at
Ottawa, January 28, 1985 (Treaty).

Sec. 300.91 Definitions.

In addition to the terms defined in Sec. 300.2 and those in the Act
and the Treaty, the terms used in this subpart have the following
meanings. If a term is defined differently in Sec. 300.2, the Act, or
the Treaty, the definition in this section shall apply.
All-citizen means any person who is not a treaty Indian fishing in
that treaty Indian's tribal treaty fishing places pursuant to treaty
Indian tribal fishing regulations (whether in compliance with such
regulations or not).
Authorized officer means, in addition to those individuals
identified under authorized officer at Sec. 300.2, any state, Federal,
or other officer as may be authorized by the Secretary in writing,
including any treaty Indian tribal enforcement officer authorized to
enforce tribal fishing regulations.
Commission means the Pacific Salmon Commission established by the
Pacific Salmon Treaty.
Consistent regulation or consistent order means any Federal, state,
or treaty Indian tribal regulation or order that is in addition to and
not in conflict with (at least as restrictive as) any regime of the
Commission, Fraser River Panel regulation, inseason order of the
Secretary, or these regulations.
Fishing gear--
(1) Gill net means a fishing net of single web construction, not
anchored, tied, staked, placed, or weighted in such a manner that it
cannot drift.
(2) Purse seine means all types of fishing gear consisting of a
lead line, cork line, auxiliary lines, purse line and purse rings and
of mesh net webbing fashioned in such a manner that it is used to
encircle fish, and in addition prevent their escape under the bottom or
lead line of the net by drawing in the bottom of the net by means of
the purse line so that it forms a closed bag.
(3) Reef net means a non-self-fishing open bunt square or
rectangular section of mesh netting suspended between two anchored
boats fashioned in such a manner that to impound salmon passing over
the net, the net must be raised to the surface.
(4) Troll fishing gear means one or more lines that drag hooks with
bait or lures behind a moving fishing vessel.
(5) Treaty Indian fishing gear means fishing gear defined,
authorized, and identified under treaty Indian tribal laws and
regulations in accordance with the requirements of Final Decision No. 1
and subsequent orders in United States v. Washington, 384 F. Supp. 312
(W.D. Wash., 1974).
Fraser River Panel means the Fraser River Panel established by the
Pacific Salmon Treaty.
Fraser River Panel Area (U.S.) means the United States' portion of
the Fraser River Panel Area specified in Annex II of the Treaty as
follows:
(1) The territorial water and the high seas westward from the
western coast of Canada and the United States of America and from a
direct line drawn from Bonilla Point, Vancouver Island, to the
lighthouse of Tatoosh Island, Washington--which line marks the entrance
of Juan de Fuca Strait--and embraced between 48 deg. and 49 deg. N.
lat., excepting therefrom, however, all the waters of Barkley Sound,
eastward of a straight line drawn from Amphitrite Point to Cape Beale
and all the waters of Nitinat Lake and the entrance thereto.
(2) The waters included within the following boundaries: Beginning
at Bonilla Point, Vancouver Island, thence along the aforesaid direct
line drawn from Bonilla Point to Tatoosh Lighthouse, Washington,
described in paragraph (1) of this definition, thence to the nearest
point of Cape Flattery, thence following the southerly shore of Juan de
Fuca Strait to Point Wilson, on Whidbey Island, thence following the
western shore of the said Whidbey Island, to the entrance to Deception
Pass, thence across said entrance to the southern side of Reservation
Bay, on

[[Page 25457]]

Fidalgo Island, thence following the western and northern shore line of
the said Fidalgo Island to Swinomish Slough, crossing the said
Swinomish Slough, in line with the track of the Great Northern Railway
(Burlington Northern Railroad), thence northerly following the
shoreline of the mainland to Atkinson Point at the northerly entrance
to Burrard Inlet, British Columbia, thence in a straight line to the
southern end of Bowen Island, then westerly following the southern
shore of Bowen Island to Cape Roger Curtis, thence in a straight line
to Gower Point, thence westerly following the shoreline to Welcome
Point on Sechelt Peninsula, thence in a straight line to Point Young on
Lasqueti Island, thence in a straight line to Dorcas Point on Vancouver
Island, thence following the eastern and southern shores of the said
Vancouver Island, to the starting point at Bonilla Point, as shown on
the British Admiralty Chart Number 579, and on the U.S. Coast and
Geodetic Survey Chart Number 6300, as corrected to March 14, 1930,
copies of which are annexed to the 1930 Convention between Canada and
the United States of America for Protection, Preservation, and
Extension of the Sockeye Salmon Fishery in the Fraser River System as
amended, signed May 26, 1930. [Note: U.S. Coast and Geodetic Survey
Chart Number 6300 has been replaced and updated by NOAA Chart Number
18400.]
(3) The Fraser River and the streams and lakes tributary thereto.
(4) The Fraser River Panel Area (U.S.) includes Puget Sound
Management and Catch Reporting Areas 4B, 5, 6, 6A, 6B, 6C, 6D, 7, 7A,
7B, 7C, 7D, and 7E as defined in the Washington State Administrative
Code at Chapter 220-22 as of June 27, 1986.
Fraser River Panel regulations means regulations applicable to the
Fraser River Panel Area that are recommended by the Commission (on the
basis of proposals made by the Fraser River Panel) and approved by the
Secretary of State.
Mesh size means the distance between the inside of one knot to the
outside of the opposite (vertical) knot in one mesh of a net.
Pink salmon means Oncorhynchus gorbuscha.
Sockeye salmon means the anadromous form of Oncorhynchus nerka.
Treaty fishing places (of an Indian tribe) means locations within
the Fraser River Panel Area (U.S.) as determined in or in accordance
with Final Decision No. 1 and subsequent orders in United States v.
Washington, 384 F. Supp. 312 (W.D. Wash. 1974), to be places at which
that treaty Indian tribe may take fish under rights secured by treaty
with the United States.
Treaty Indian means any member of a treaty Indian tribe whose
treaty fishing place is in the Fraser River Panel Area (U.S.) or any
assistant to a treaty Indian authorized to assist in accordance with
Sec. 300.95(d).
Treaty Indian tribe means any of the federally recognized Indian
tribes of the State of Washington having fishing rights secured by
treaty with the United States to fish for salmon stocks subject to the
Pacific Salmon Treaty in treaty fishing places within the Fraser River
Panel Area (U.S.). Currently these tribes are the Makah, Tribe, Lower
Elwha Klallam Tribe, Port Gamble Klallam Tribe, Jamestown Klallam
Tribe, Suquamish Tribe, Lummi Tribe, Nooksack Tribe, the Swinomish
Indian Tribal Community, and the Tulalip Tribe.

Sec. 300.92 Relation to other laws.

(a) Insofar as they are consistent with this part, any other
applicable Federal law or regulation, or any applicable law and
regulations of the State of Washington or of a treaty Indian tribe with
treaty fishing rights in the Fraser River Panel Area (U.S.) will
continue to have force and effect in the Fraser River Panel Area (U.S.)
with respect to fishing activities addressed herein.
(b) Any person fishing subject to this subpart is bound by the
international boundaries now recognized by the United States within the
Fraser River Panel Area (U.S.) described in Sec. 300.91,
notwithstanding any dispute or negotiation between the United States
and Canada regarding their respective jurisdictions, until such time as
different boundaries are published by the United States.
(c) Any person fishing in the Fraser River Panel Area (U.S.) who
also fishes for groundfish in the EEZ should consult Federal
regulations at part 663 of this title for applicable requirements,
including the requirement that vessels engaged in commercial fishing
for groundfish (except commercial passenger vessels) have vessel
identification in accordance with Sec. 663.6. Federal regulations
governing salmon fishing in the EEZ, which includes a portion of the
Fraser River Panel Area (U.S.), are at part 661 of this title. Annual
regulatory modifications are published in the Federal Register.
(d) Except as otherwise provided in this subpart, general
provisions governing off-reservation fishing by treaty Indians are
found at 25 CFR part 249, subpart A. Additional general and specific
provisions governing treaty Indian fisheries are found in regulations
and laws promulgated by each treaty Indian tribe for fishermen fishing
pursuant to tribal authorization.
(e) Nothing in this subpart relieves a person from any other
applicable requirements lawfully imposed by the United States, the
State of Washington, or a treaty Indian tribe.

Sec. 300.93 Reporting requirements.

Any person fishing for sockeye or pink salmon within the Fraser
River Panel Area (U.S.) and any person receiving or purchasing fish
caught by such persons are subject to State of Washington reporting
requirements at Washington Administrative Code, Chapter 220-69. Treaty
Indian fishermen are subject also to tribal reporting requirements. No
separate Federal reports are required.

Sec. 300.94 Prohibitions and restrictions.

In addition to the prohibitions in Sec. 300.4, the following
prohibitions and restrictions apply.
(a) In addition to the prohibited acts set forth in the Act at 16
U.S.C. 3637(a), the following restrictions apply to sockeye and pink
salmon fishing in the Fraser River Panel Area (U.S.):
(1) The Fraser River Panel Area (U.S.) is closed to sockeye and
pink salmon fishing, unless opened by Fraser River Panel regulations or
by inseason orders of the Secretary issued under Sec. 300.97 that give
effect to orders of the Fraser River Panel, unless such orders are
determined not to be consistent with domestic legal obligations. Such
regulations and inseason orders may be further implemented by
regulations promulgated by the United States, the State of Washington,
or any treaty Indian tribe, which are also consistent with domestic
legal obligations.
(2) It is unlawful for any person or fishing vessel subject to the
jurisdiction of the United States to fish for, or take and retain, any
sockeye or pink salmon:
(i) Except during times or in areas that are opened by Fraser River
Panel regulations or by inseason order, except that this provision will
not prohibit the direct transport of legally caught sockeye or pink
salmon to offloading areas.
(ii) By means of gear or methods not authorized by Fraser River
Panel regulations, inseason orders, or other applicable Federal, state,
or treaty Indian tribal law.
(iii) In violation of any applicable area, season, species, zone,
gear, or mesh size restriction.

[[Page 25458]]

(b) It is unlawful for any person or fishing vessel subject to the
jurisdiction of the United States to--
(1) Remove the head of any sockeye or pink salmon caught in the
Fraser River Panel Area (U.S.), or possess a salmon with the head
removed, if that salmon has been marked by removal of the adipose fin
to indicate that a coded wire tag has been implanted in the head of the
fish.
(2) Fail to permit an authorized officer to inspect a record or
report required by the State of Washington or treaty Indian tribal
authority.
(c) Notwithstanding paragraph (a) of this section, nothing in this
subpart will be construed to prohibit the retention of sockeye or pink
salmon caught by any person while lawfully engaged in a fishery for
subsistence or ceremonial purposes pursuant to treaty Indian tribal
regulations, for recreational purposes pursuant to recreational fishing
regulations promulgated by the State of Washington, or as otherwise
authorized by treaty Indian tribal or State of Washington law or
regulation, provided that such treaty Indian tribal or State regulation
is consistent with U.S.-approved Commission fishery regimes, Fraser
River Panel regulations, or inseason orders of the Secretary applicable
to fishing in the Fraser River Panel Area (U.S.).
(d) The following types of fishing gear are authorized, subject to
the restrictions set forth in this subpart and according to the times
and areas established by Fraser River Panel regulations or inseason
orders of the Secretary:
(1) All citizens: Gill net, purse seine, reef net, and troll
fishing gear. Specific restrictions on all citizens gear are contained
in the Washington State Administrative Code of Chapter 220-47.
(2) Treaty Indians: Treaty Indian fishing gear.
(e) Geographic descriptions of Puget Sound Salmon Management and
Catch Reporting Areas, which are referenced in the Commission's
regimes, Fraser River Panel regulations, and in inseason orders of the
Secretary, are found in the Washington State Administrative Code at
Chapter 220-22.

Sec. 300.95 Treaty Indian fisheries.

(a) Any treaty Indian must comply with this section when fishing
for sockeye and pink salmon at the treaty Indian tribe's treaty fishing
places in the Fraser River Panel Area (U.S.) during the time the
Commission or the Secretary exercises jurisdiction over these
fisheries. Fishing by a treaty Indian outside the applicable Indian
tribe's treaty fishing places will be subject to the Fraser River Panel
regulations and inseason orders applicable to all citizens, as well as
to the restrictions set forth in this section.
(b) Nothing in this section will relieve a treaty Indian from any
applicable law or regulation imposed by a treaty Indian tribe, or from
requirements lawfully imposed by the United States or the State of
Washington in accordance with the requirements of Final Decision No. 1
and subsequent orders in United States v. Washington, 384 F. Supp. 312
(W.D. Wash., 1974).
(c) Identification. (1) Any treaty Indian fishing under the
authority of this subpart must have in his or her possession at all
times while fishing or engaged in any activity related to fishing the
treaty Indian identification required by 25 CFR 249.3 or by applicable
tribal law.
(2) Any person assisting a treaty Indian under the authority of
paragraph (d) of this section must have in his or her possession at all
such times a valid identification card issued by the Bureau of Indian
Affairs or by a treaty Indian tribe, identifying the holder as a person
qualified to assist a treaty Indian. The identification card must
include the name of the issuing tribe, the name, address, date of
birth, and photograph of the assistant, and the name and identification
number of the treaty Indian whom the assistant is authorized to assist.
(3) Identification described in paragraph (c) (1) or (2) of this
section must be shown on demand to an authorized officer by the treaty
Indian or authorized assistant.
(4) Any treaty Indian fishing under this subpart must comply with
the treaty Indian vessel and gear identification requirements of Final
Decision No. 1 and subsequent orders in United States v. Washington,
384 F. Supp. 312 (W.D. Wash., 1974).
(d) Fishing assistance. (1) Any member of a treaty Indian tribe
fishing under this subpart may, if authorized by the treaty Indian's
tribe, receive fishing assistance from, and only from, the treaty
Indian tribal member's spouse, forebears, children, grandchildren, and
siblings, as authorized by the U.S. District Court for the Western
District of Washington in United States v. Washington, 384 F. Supp. 312
(W.D. Wash., 1974). For purposes of this section, the treaty Indian
tribal member whom the assistant is authorized to assist must be
present aboard the fishing vessel at all times while engaged in the
exercise of treaty Indian fishing rights subject to this subpart.
(2) No treaty Indian may, while fishing at a treaty fishing place
in accordance with treaty-secured fishing rights, permit any person 16
years of age or older other than the authorized holder of a currently
valid identification card issued in accordance with the requirements of
paragraphs (c) (1) and (2) of this section to fish for said treaty
Indian, assist said treaty Indian in fishing, or use any gear or
fishing location identified as said treaty Indian's gear or location.
(3) Treaty Indians are prohibited from participating in a treaty
Indian fishery under this section at any time persons who are not
treaty Indians are aboard the fishing vessel or in contact with fishing
gear operated from the fishing vessel, unless such persons are
authorized employees or officers of a treaty Indian tribe or tribal
fisheries management organization, the Northwest Indian Fisheries
Commission, the Commission, or a fisheries management agency of the
United States or the State of Washington.

Sec. 300.96 Penalties.

Any treaty Indian who commits any act that is unlawful under this
subpart normally will be referred to the applicable tribe for
prosecution and punishment. If such tribe fails to prosecute such
persons in a diligent manner for the offense(s) referred to the tribe,
or if other good cause exists, such treaty Indian may be subject to the
penalties and procedures described in the Magnuson Act.

Sec. 300.97 Inseason orders.

(a) During the fishing season, the Secretary may issue orders that
establish fishing times and areas consistent with the annual Commission
regime and inseason orders of the Fraser River Panel. Inseason orders
will be consistent with domestic legal obligations. Violation of such
inseason orders is violation of this subpart.
(b) Notice of inseason orders. (1) Official notice of such inseason
orders is available from NMFS (for orders applicable to all-citizen
fisheries) and from the Northwest Indian Fisheries Commission (for
orders applicable to treaty Indian fisheries) through the following
Area Code 206 toll-free telephone hotlines: All-citizen fisheries: 1-
800-562-6513; Treaty Indian fisheries: 1-800-562-6142.
(2) Notice of inseason orders of the Secretary and other applicable
tribal regulations may be published and released according to tribal
procedures in accordance with Final Decision No. 1 and subsequent
orders in United States v. Washington, 384 F. Supp. 312 (W.D. Wash.,
1974).

[[Page 25459]]

(3) Inseason orders may also be communicated through news releases
to radio and television stations and newspapers in the Fraser River
Panel Area (U.S.).
(4) Inseason orders of the Secretary will also be published in the
Federal Register as soon as practicable after they are issued.

Subpart G--Antarctic Marine Living Resources

Authority: 16 U.S.C. 2431 et seq.

Sec. 300.100 Purpose and scope.

(a) This subpart implements the Antarctic Marine Living Resources
Convention Act of 1984 (Act).
(b) This subpart regulates--
(1) The harvesting of Antarctic marine living resources or other
associated activities by any person subject to the jurisdiction of the
United States or by any vessel of the United States.
(2) The importation into the United States of any Antarctic marine
living resource.

Sec. 300.101 Definitions.

In addition to the terms defined in Sec. 300.2, in the Act, and in
the Convention on the Conservation of Antarctic Marine Living
Resources, done at Canberra, Australia, May 7, 1980 (Convention).
Convention, the terms used in this subpart have the following meanings.
If a term is defined differently in Sec. 300.2, such Act, or such
Convention, the definition in this section shall apply.
ACA means the Antarctic Conservation Act of 1978 (16 U.S.C. 2401 et
seq.).
Antarctic convergence means a line joining the following points
along the parallels of latitude and meridians of longitude:

------------------------------------------------------------------------
Lat. Long.
------------------------------------------------------------------------
50 deg. S.................................... 0.
50 deg. S.................................... 30 deg. E.
45 deg. S.................................... 30 deg. E.
45 deg. S.................................... 80 deg. E.
55 deg. S.................................... 80 deg. E.
55 deg. S.................................... 150 deg. E.
60 deg. S.................................... 150 deg. E.
60 deg. S.................................... 50 deg. W.
50 deg. S.................................... 50 deg. W.
50 deg. S.................................... 0.
------------------------------------------------------------------------

Antarctic finfishes include the following:

------------------------------------------------------------------------
Scientific name Common name
------------------------------------------------------------------------
Gobionotothen gibberifrons............... Humped rockcod.
Notothenia rossii........................ Marbled rockcod.
Lepidorhirus squamifrons................. Grey rockcod.
Dissostichus eleginoides................. Patagonian toothfish.
Patagonothen brevicauda guntheri......... Patagonian rockcod.
Pleuragramma antarcticum................. Antarctic silverfish.
Trematomus spp........................... Antarctic cods.
Chaenocephalus aceratus.................. Blackfin icefish.
Chaenodraco wilsoni...................... Spiny icefish.
Champsocephalus gunnari.................. Mackerel icefish.
Chionodraco rastrospinosus............... Ocellated icefish.
Pseudochaenichthys georgianus............ South Georgia icefish.
------------------------------------------------------------------------

Antarctic marine living resources or AMLR(s) means the populations
of finfish, mollusks, crustaceans, and all other species of living
organisms, including birds, found south of the Antarctic Convergence,
and their parts or products.
Commission means the Commission for the Conservation of Antarctic
Marine Living Resources established under Article VII of the
Convention.
Convention waters means all waters south of the Antarctic
Convergence.
Directed fishing, with respect to any species or stock of fish,
means any fishing that results in such fish comprising more than 1
percent by weight, at any time, of the catch on board the vessel.
Fish means finfish, mollusks, and crustaceans.
Fishery means:
(1) One or more stocks of fish that can be treated as a unit for
purposes of conservation and management and that are identified on the
basis of geographical, scientific, technical, recreational, and
economic characteristics.
(2) Any fishing for such stocks.
Harvesting vessel means any vessel of the United States (this
includes any boat, ship, or other craft), that is used for, equipped to
be used for, or of a type that is normally used for harvesting.
Individual permit means an NSF permit issued under 45 CFR part 670;
or an NSF award letter (demonstrating that the individual has received
an award from NSF to do research in the Antarctic); or a marine mammal
permit issued under Sec. 216.31 of this chapter; or an endangered
species permit issued under Sec. 222.21 of this chapter.
Inspection vessel means a vessel carrying a CCAMLR inspector and
displaying the pennant approved by the Commission to identify such
vessel.
Land or landing means to begin offloading any fish, to arrive in
port with the intention of offloading any fish, or to cause any fish to
be offloaded.
NSF means National Science Foundation, 4201 Wilson Boulevard,
Arlington, VA 22230.
Recreational fishing means fishing with hook and line for personal
use and not for sale.
Scientific research activity means any activity for which a person
has a permit from NMFS under Sec. 216.31 of this title or an award
letter from NSF or a permit from the NSF under 45 CFR part 670.
Scientific research activities may also include harvesting or other
associated activities if such activities are designated as scientific
research activities by the Assistant Administrator.

Sec. 300.102 Relationship to other treaties, conventions, laws, and
regulations.

(a) Other conventions and treaties to which the United States is a
party and other Federal statutes and implementing regulations may
impose additional restrictions on the harvesting and importation into
the United States of AMLRs.
(b) The ACA implements the Antarctic Treaty Agreed Measures for the
Conservation of Antarctic Fauna and Flora (12 U.S.T. 794). The ACA and
its implementing regulations (45 CFR part 670) apply to certain defined
activities of U.S. citizens south of 60 deg. S. lat.
(c) The Marine Mammal Protection Act of 1972 (16 U.S.C. 1361 et
seq.), the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.), the
Migratory Bird Treaty Act (16 U.S.C. 701 et seq.), and their
implementing regulations also apply to the harvesting and importation
of AMLRs.

Sec. 300.103 Procedure for according protection to CCAMLR Ecosystem
Monitoring Program Sites.

(a) General. (1) Any person subject to the jurisdiction of the
United States must apply for and be granted an entry permit authorizing
specific activities prior to entering a CCAMLR Ecosystem Monitoring
Program (CEMP) Protected Site designated in accordance with the CCAMLR
Conservation Measure describing the Procedures for According Protection
for CEMP Sites.
(2) If a CEMP Protected Site is also a site specially protected
under the Antarctic Treaty (or the Protocol on Environmental Protection
to the Antarctic Treaty and its Annexes, when it enters into force), an
applicant seeking to enter such a Protected Site

[[Page 25460]]

must apply to the Director of the NSF for a permit under applicable
provisions of the ACA or any superseding legislation. The permit
granted by NSF shall constitute a joint CEMP/ACA Protected Site permit
and any person holding such a permit must comply with the appropriate
CEMP Protected Site Management Plan. In all other cases, an applicant
seeking a permit to enter a CEMP Protected Site must apply to the
Assistant Administrator for a CEMP permit in accordance with the
provisions of this section.
(b) Responsibility of CEMP permit holders and persons designated as
agents under a CEMP permit. (1) The CEMP permit holder and person
designated as agents under a CEMP permit are jointly and severally
responsible for compliance with the Act, this subpart, and any permit
issued under this subpart.
(2) The CEMP permit holder and agents designated under a CEMP
permit are responsible for the acts of their employees and agents
constituting violations, regardless of whether the specific acts were
authorized or forbidden by the CEMP permit holder or agents, and
regardless of knowledge concerning their occurrence.
(c) Prohibitions regarding the Antarctic Treaty System and other
applicable treaties and statutes. Holders of permits to enter CEMP
Protected Sites are not permitted to undertake any activities within a
CEMP Protected Site that are not in compliance with the provisions of:
(1) The Antarctic Treaty, including the Agreed Measures for the
Conservation of Antarctic Fauna and Flora (including the Protocol on
the Environmental Protection to the Antarctic Treaty and its Annexes
when it enters into force), as implemented under by the ACA and any
superseding legislation. (Persons interested in conducting activities
subject to the Antarctic Treaty or the Protocol should contact the
Office of Polar Programs, NSF).
(2) The Convention for the Conservation of Antarctic Seals.
(3) The Convention and its Conservation Measures in force,
implemented under the Act.
(d) Prohibitions on takings. Permits issued under this section do
not authorize any takings as defined in the applicable statutes and
implementing regulations governing the activities of persons in
Antarctica.
(e) Issuance criteria. Permits designated in this section may be
issued by the Assistant Administrator upon a determination that:
(1) The specific activities meet the requirements of the Act.
(2) There is sufficient reason, established in the permit
application, that the scientific purpose for the intended entry cannot
be served elsewhere.
(3) The actions permitted will not violate any provisions or
prohibitions of the Protected Site's Management Plan submitted in
compliance with the CCAMLR Conservation Measure describing the
Procedures for According Protection to CEMP Sites.
(f) Application process. An applicant seeking a CEMP permit from
the Assistant Administrator to enter a CEMP Protected Site shall
include the following in the application.
(1) A detailed justification that the scientific objectives of the
applicant cannot be accomplished elsewhere and a description of how
said objectives will be accomplished within the terms of the Protected
Site's Management Plan.
(2) A statement signed by the applicant that the applicant has read
and fully understands the provisions and prohibitions of the Protected
Site's Management Plan. Prospective applicants may obtain copies of the
relevant Management Plans and the CCAMLR Conservation Measure
describing the Procedures for According Protection to CEMP Sites by
requesting them from the Assistant Administrator.
(g) Conditions. CEMP permits issued under this section will contain
special and general conditions including a condition that the permit
holder shall submit a report describing the activities conducted under
the permit within 30 days of the expiration of the CEMP permit.
(h) Duration. Permits issued under this section are valid for a
period of 1 year. Applicants requesting a permit to reenter a Protected
Site must include the report required by the general condition in the
previously issued CEMP permit describing the activities conducted under
authority of that permit.
(i) Transfer. CEMP permits are not transferable or assignable. A
CEMP permit is valid only for the person to whom it is issued.
(j) Modification. (1) CEMP permits can be modified by submitting a
request to the Assistant Administrator. Such requests shall specify:
(i) The action proposed to be taken along with a summary of the
reasons therefore.
(ii) The steps that the permit holder may take to demonstrate or
achieve compliance with all lawful requirements.
(2) If a requested modification is not in compliance with the terms
of the Protected Site's Management Plan, the Assistant Administrator
will treat the requested modification as an application for a new CEMP
permit and so notify the holder. Modifications will be acted upon
within 30 days of receipt. The CEMP permit holder must report to the
Assistant Administrator any change in previously submitted information
within 10 days of the change.
(3) Additional conditions and restrictions. The Assistant
Administrator may revise the CEMP permit effective upon notification of
the permit holder, to impose additional conditions and restrictions as
necessary to achieve the purposes of the Convention, the Act and the
CEMP Management Plan. The CEMP permit holder must, as soon as possible,
notify any and all agents operating under the permit of any and all
revisions or modifications to the permit.
(k) Revocation or suspension. CEMP permits may be revoked or
suspended based upon information received by the Assistant
Administrator and such revocation or suspension shall be effective upon
notification to the permit holder.
(1) A CEMP permit may be revoked or suspended based on a violation
of the permit, the Act, or this subpart.
(2) Failure to report a change in the information submitted in a
CEMP permit application within 10 days of the change is a violation of
this subpart and voids the application or permit, as applicable. Title
15 CFR part 904 governs permit sanctions under this subpart.
(l) Exceptions. Entry into a Protected Site described in this
section is lawful if committed under emergency conditions to prevent
the loss of human life, compromise human safety, prevent the loss of
vessels or aircraft, or to prevent environmental damage.
(m) Protected sites. (1) Sites protected by the Antarctic Treaty
and regulated under the ACA are listed at 45 CFR part 670 subparts G
and H.
(2) The following sites have been identified as CEMP Protected
Sites subject to the regulatory authority of the Act:
(i) Seal Islands, South Shetland Islands--The Seal Islands are
composed of islands and skerries located approximately 7 km north of
the northwest corner of Elephant Island, South Shetland Islands. The
Seal Islands CEMP Protected Site includes the entire Seal Islands
group, which is defined as Seal Island plus any land or rocks exposed
at mean low tide within a distance of 5.5 km of the point of

[[Page 25461]]

highest elevation on Seal Island. Seal Island is situated at
60 deg.59'14'' S. lat., 55 deg.23'04'' W. long.
(ii) Cape Shirreff and the San Telmo Islands. This designation
takes effect on May 1, 1995. Cape Shirreff is a low, ice-free peninsula
towards the western end of the north coast of Livingston Island, South
Shetland Islands, situated at 62 deg.29' S. lat., 60 deg.47' W. long.,
between Barclay Bay and Hero Bay. San Telmo Island is the largest of a
small group of ice-free rock islets, approximately 2 km west of Cape
Shirreff. The boundaries of the Cape Shirreff CEMP Protected Site are
identical to the boundaries of the Site of Special Scientific Interest
No. 32, as specified by ATCM Recommendation XV-7. No manmade boundary
markers indicate the limits of the SSSI or protected site. The
boundaries are defined by natural features and include the entire area
of the Cape Shirreff peninsula north of the glacier ice tongue margin,
and most of the San Telmo Island group. For the purposes of the
protected site, the entire area of Cape Shirreff and the San Telmo
Island group is defined as any land or rocks exposed at mean low tide
within the area delimited by the map of SSSI No. 32 and available from
the Assistant Administrator.

Sec. 300.104 Scientific research.

(a) The management measures issued pursuant to the procedures at
Sec. 300.111 do not apply to catches of less than 5 tons taken by any
vessel for research purposes, unless otherwise indicated.
(b) Catches taken by any vessel for research purposes will be
considered as part of any catch limit.
(c) The catch reporting procedure identified in management measures
issued pursuant to the procedures at Sec. 300.111 applies whenever the
catch within any 5-day reporting period exceeds 5 tons, unless more
specific reporting requirements apply to the species being fished.
(d) Any person, organization or institution planning to use a
vessel for research purposes, when the estimated catch is expected to
be less than 50 tons, must provide the following vessel and research
notification to the Assistant Administrator at least 2 months in
advance of the planned research:
(1) Name and registration number of vessel.
(2) Division and subarea in which research is to be carried out.
(3) Estimated dates of entering and leaving CCAMLR Convention Area.
(4) Purposes of research.
(5) Fishing equipment to be used (bottom trawl, midwater trawl,
longline, crab pots, other).
(e) The following measures apply to any person planning to use any
vessel for research purposes, when the estimated catch is expected to
be more than 50 tons:
(1) The person must use the CCAMLR Format for Reporting Plans for
Finfish Surveys in the Convention Area when the Total Catch is Expected
to be More Than 50 Tons to report the details of the research plan to
the Assistant Administrator at least 7 months in advance of the planned
starting date for the research. A copy of the format is available from
the Assistant Administrator.
(2) The format requires:
(i) The name of the CCAMLR Member.
(ii) Survey details.
(iii) Description of the vessel.
(iv) Description of the fishing gear to be used.
(v) Description of acoustic gear to be used.
(vi) Survey design and methods of data analyses.
(vii) Data to be collected.
(3) A summary of the results of any research fishing subject to
these provisions must be provided to the Assistant Administrator within
150 days of the completion of the research fishing and a full report
must be provided within 11 months.
(4) Catch and effort data resulting from the research fishing must
be reported to the Assistant Administrator using the CCAMLR C4 haul-by-
haul reporting format for research vessels.

Sec. 300.105 Initiating a new fishery.

(a) A new fishery, for purposes of this section, is a fishery on a
species using a particular method in a statistical subarea for which:
(1) Information on distribution, abundance, demography, potential
yield and stock identity from comprehensive research/surveys or
exploratory fishing has not been submitted to CCAMLR;
(2) Catch and effort data have never been submitted to CCAMLR; or
(3) Catch and effort data from the two most recent seasons in which
fishing occurred have not been submitted to CCAMLR.
(b) An individual subject to these regulations intending to develop
a new fishery shall notify the Assistant Administrator no later than
July 1 of the year in which he or she intends to initiate the fishery
and shall not initiate the fishery pending CCAMLR review.
(c) The notification shall be accompanied by information on:
(1) The nature of the proposed fishery, including target species,
methods of fishing, proposed region and any minimum level of catches
that would be required to develop a viable fishery.
(2) Biological information from comprehensive research/survey
cruises, such as distribution, abundance, demographic data and
information on stock identity.
(3) Details of dependent and associated species and the likelihood
of them being affected by the proposed fishery.
(4) Information from other fisheries in the region or similar
fisheries elsewhere that may assist in the valuation of potential
yield.

Sec. 300.106 Exploratory fisheries.

(a) An exploratory fishery, for purposes of this section, is a
fishery that was previously defined as a new fishery under
Sec. 300.105.
(b) A fishery will continue to be classified as an exploratory
fishery until sufficient information is available to:
(1) Evaluate the distribution, abundance, and demography of the
target species, leading to an estimate of the fishery's potential
yield.
(2) Review the fishery's potential impacts on dependent and related
species.
(3) Allow the CCAMLR Scientific Committee to formulate and provide
advice to the Commission on appropriate harvest catch levels and
fishing gear.
(c) Each vessel participating in an exploratory fishery must carry
a scientific observer.
(d) The operator of any vessel engaging in an exploratory fishery
must submit, by the date specified in the operator's harvesting permit,
catch, effort, and related biological, ecological, and environmental
data as required by a data collection plan for the fishery formulated
by the CCAMLR Scientific Committee.
(e) In addition to the requirements in Sec. 300.112, any individual
planning to enter an exploratory fishery must notify the Assistant
Administrator no later than 4 months in advance of the annual meeting
of CCAMLR. The Assistant Administrator will not issue a permit to enter
an exploratory fishery until after the requirements of Sec. 300.112
have been met and the meeting of CCAMLR, which receives and considers
the notice made to the Assistant Administrator, has been concluded.

Sec. 300.107 Reporting and recordkeeping requirements.

The operator of any vessel required to have a permit under this
subpart must:
(a) Accurately maintain on board the vessel a fishing logbook and
all other reports and records required by its permit.
(b) Make such reports and records available for inspection upon the

[[Page 25462]]

request of an authorized officer or CCAMLR inspector.
(c) Within the time specified in the permit, submit a copy of such
reports and records to the Assistant Administrator.

Sec. 300.108 Vessel and gear identification.

(a) Vessel identification. (1) The operator of each harvesting
vessel assigned an IRCS must display that call sign amidships on both
the port and starboard sides of the deckhouse or hull, so that it is
visible from an enforcement or inspection vessel, and on an appropriate
weather deck so that it is visible from the air.
(2) The operator of each harvesting vessel not assigned an IRCS,
such as a small trawler associated with a mothership or one of a pair
of trawlers, must display the IRCS of the associated vessel, followed
by a numerical suffix specific for the non-assigned vessel.
(3) The vessel identification must be in a color in contrast to the
background and must be permanently affixed to the harvesting vessel in
block roman alphabet letters and arabic numerals at least 1 m in height
for harvesting vessels over 20 m in length, and at least 0.5 m in
height for all other harvesting vessels.
(b) Navigational lights and shapes. Each harvesting vessel must
display the lights and shapes prescribed by the International
Regulations for Preventing Collisions at Sea, 1972 (TIAS 8587, and 1981
amendment TIAS 10672), for the activity in which the harvesting vessel
is engaged (as described at 33 CFR part 81).
(c) Gear identification. (1) The operator of each harvesting vessel
must ensure that all deployed fishing gear that is not physically and
continuously attached to a harvesting vessel is clearly marked at the
surface with a buoy displaying the vessel identification of the
harvesting vessel (see paragraph (a) of this section) to which the gear
belongs, a light visible for 2 miles at night in good visibility, and a
radio buoy. Trawl codends passed from one vessel to another are
considered continuously attached gear and do not have to be marked.
(2) The operator of each harvesting vessel must ensure that
deployed longlines, strings of traps or pots, and gillnets are marked
at the surface at each terminal end with a buoy displaying the vessel
identification of the harvesting vessel to which the gear belongs (see
paragraph (a) of this section), a light visible for 2 miles at night in
good visibility, and a radio buoy.
(3) Unmarked or incorrectly identified fishing gear may be
considered abandoned and may be disposed of in accordance with
applicable Federal regulations by any authorized officer or CCAMLR
inspector.
(d) Maintenance. The operator of each harvesting vessel must:
(1) Keep the vessel and gear identification clearly legible and in
good repair.
(2) Ensure that nothing on the harvesting vessel obstructs the view
of the markings from an enforcement or inspection vessel or aircraft.
(3) Ensure that the proper navigational lights and shapes are
displayed for the harvesting vessel's activity and are properly
functioning.

Sec. 300.109 Gear disposal.

(a) The operator of a harvesting vessel may not dump overboard,
jettison or otherwise discard any article or substance that may
interfere with other fishing vessels or gear, or that may catch fish or
cause damage to any marine resource, including marine mammals and
birds, except in cases of emergency involving the safety of the ship or
crew, or as specifically authorized by communication from the
appropriate USCG commander or authorized officer. These articles and
substances include, but are not limited to, fishing gear, net scraps,
bale straps, plastic bags, oil drums, petroleum containers, oil, toxic
chemicals or any manmade items retrieved in a harvesting vessel's gear.
(b) The operator of a harvesting vessel may not abandon fishing
gear in Convention waters.
(c) The operator of a harvesting vessel must provide a copy of the
CCAMLR information brochure ``Marine Debris--A Potential Threat to
Antarctic Marine Mammals'' to each member of the crew of the harvesting
vessel and must display copies of the CCAMLR placard ``Avoidance of
Incidental Mortality of Antarctic Marine Mammals'' in the wheelhouse
and crew quarters of the harvesting vessels. Copies of the brochure and
placard will be provided to each holder of a harvesting permit by NMFS
when issuing the permit.

Sec. 300.110 Mesh size.

(a) The use of pelagic and bottom trawls having the mesh size in
any part of a trawl less than indicated is prohibited for any directed
fishing for the following Antarctic finfishes:
(1) Notothenia rossii and Dissostichus eleginoides--120 mm.
(2) Champsocephalus gunnari--90 mm.
(3) Gobionotothen gibberifrons, Notothenia kempi and Lepidorhirus
squamifrons--80 mm.
(b) Any means or device that would reduce the size or obstruct the
opening of the meshes is prohibited.
(c) The following procedure will be used for determining compliance
with mesh size requirements.
(1) Description of gauges. (i) Gauges for determining mesh sizes
will be 2 mm thick, flat, of durable material and capable of retaining
their shape. They may have either a series of parallel-edged sides
connected by intermediate tapering edges with a taper of one to eight
on each side, or only tapering edges with the taper defined above. They
will have a hole at the narrowest extremity.
(ii) Each gauge will be inscribed on its face with the width in
millimeters both on the parallel-sided section, if any, and on the
tapering section. In the case of the latter, the width will be
inscribed every 1 mm interval, but the indication of the width may
appear at regular intervals other than 1 mm.
(2) Use of the gauge. (i) The net will be stretched in the
direction of the long diagonal of the meshes.
(ii) A gauge as described in paragraph (c)(1) of this section will
be inserted by its narrowest extremity into the mesh opening in a
direction perpendicular to the plane of the net.
(iii) The gauge may be inserted into the mesh opening either with a
manual force or using a weight or dynamometer, until it is stopped at
the tapering edges by the resistance of the mesh.
(3) Selection of meshes to be measured. (i) Meshes to be measured
will form a series of 20 consecutive meshes chosen in the direction of
the long axis of the net, except that the meshes to be measured need
not be consecutive if the application of paragraph (c)(3)(ii) of this
section prevents it.
(ii) Meshes less than 50 cm from lacings, ropes, or codline will
not be measured. This distance will be measured perpendicular to the
lacings, ropes or codline with the net stretched in the direction of
that measurement. No mesh will be measured which has been mended or
broken or has attachments to the net fixed at that mesh.
(iii) Nets will be measured only when wet and unfrozen.
(4) The measurement of each mesh will be the width of the gauge at
the point where the gauge is stopped, when using this gauge in
accordance with paragraph (c)(2) of this section.
(5) Determination of the mesh size of the net will be the
arithmetical mean in millimeters of the measurements of the total
number of meshes selected and measured as provided for in paragraphs
(c) (3) and (4) of this section, the arithmetical mean being rounded up
to the next millimeter.

[[Page 25463]]

(6) Inspection procedure. (i) One series of 20 meshes, selected in
accordance with paragraph (c)(3) of this section, will be measured by
inserting the gauge manually without using a weight or dynamometer. The
mesh size of the net will then be determined in accordance with
paragraph (c)(5) of this section. If the calculation of the mesh size
shows that the mesh size does not appear to comply with the rules in
force, then two additional series of 20 meshes selected in accordance
with paragraph (c)(3) of this section will be measured. The mesh size
will then be recalculated in accordance with paragraph (c)(5) of this
section, taking into account the 60 meshes already measured; this
recalculation will be the mesh size of the net.
(ii) If the captain of the vessel contests the mesh size determined
in accordance with paragraph (c)(6)(i) of this section, such
measurement will not be considered for the determination of the mesh
size and the net will be remeasured.
(A) A weight or dynamometer attached to the gauge will be used for
remeasurement. The choice of weight or dynamometer is at the discretion
of the inspectors. The weight will be fixed to the hole in the
narrowest extremity of the gauge using a hook. The dynamometer may
either be fixed to the hole in the narrowest extremity of the gauge or
be applied at the largest extremity of the gauge.
(B) The accuracy of the weight or dynamometer must be certified by
the appropriate national authority.
(C) For nets of a mesh size of 35 mm or less as determined in
accordance with paragraph (c)(6)(i) of this section, a force of 19.61
newtons (equivalent to a mass of 2 kg) will be applied, and for other
nets, a force of 49.03 newtons (equivalent to a mass of 5 kg).
(D) For the purposes of determining the mesh size in accordance
with paragraph (c)(5) of this section, when using a weight or
dynamometer, one series of 20 meshes only will be measured.

Sec. 300.111 Framework for annual management measures.

(a) Introduction. New management measures may be added and others
modified through publication of a regulatory action in the Federal
Register. The following framework process authorizes the implementation
of measures that may affect the operation of the commercial or
exploratory fisheries, gear, area restrictions, or changes in catch
and/or effort.
(b) Preliminary notice. The Secretary of State shall publish
preliminary notice in the Federal Register of the management measures
adopted by the parties to the Convention.
(c) Procedure. At its annual meeting, usually in October or
November, the Commission may recommend new measures and that
established measures be modified, removed, or re-instituted. After
public notice of those recommendations by the Secretary of State and
opportunity for public comment, and after considering the impact of
instituting the measures and any public comment received by the
Secretary of State, the Assistant Administrator may implement the
management measures by notice in the Federal Register, with immediate
force and effect. The notification in the Federal Register will
summarize new management measures, and respond to any public comments
received by the Secretary of State on the preliminary notice.
(d) Types of management measures to be frameworked. Management
measures that may be implemented by regulatory notice rather than by
codified regulation are those that generally will not remain in effect
for more than 12 months and include catch restrictions, time and area
closures, and gear restrictions.

Sec. 300.112 Harvesting permits.

(a) General. (1) Every vessel subject to the jurisdiction of the
United States that attempts to reduce or reduces any AMLR to possession
must have a harvesting permit authorizing the attempt or reduction,
unless the attempt or reduction occurs during recreational fishing or
is covered by an individual permit. Boats launched from a vessel issued
a harvesting permit do not require a separate permit, but are covered
by the permit issued the launching vessel. Any enforcement action that
results from the activities of a launched boat will be taken against
the launching vessel.
(2) Permits issued under this section do not authorize vessels or
persons subject to the jurisdiction of the United States to harass,
capture, harm, kill, harvest, or import marine mammals. No marine
mammals may be taken in the course of commercial fishing operations
unless the taking is allowed under the Marine Mammal Protection Act
and/or the Endangered Species Act pursuant to an exemption or permit
granted by the appropriate agency.
(b) Responsibility of owners and operators. (1) The owners and
operators of each harvesting vessel are jointly and severally
responsible for compliance with the Act, this subpart, and any permit
issued under the Act and this subpart.
(2) The owners and operators of each such vessel are responsible
for the acts of their employees and agents constituting violations,
regardless of whether the specific acts were authorized or forbidden by
the owners or operators, and regardless of knowledge concerning their
occurrence.
(3) The owner of such vessel must report any sale, change in
ownership, or other disposition of the vessel to the Assistant
Administrator within 15 days of the occurrence.
(c) Application. Application forms for harvesting permits are
available from the Assistant Administrator (Attn: CCAMLR permits). A
separate fully completed and accurate application must be submitted for
each vessel for which a harvesting permit is requested at least 90 days
before the date anticipated for the beginning of harvesting.
(d) Issuance. The Assistant Administrator may issue a h

FR Doc. 96-12447 International Fisheries; Consolidation of Regulations

arvesting 
permit to a vessel if the Assistant Administrator determines that the 
harvesting described in the application will meet the requirements of 
the Act and will not:
    (1) Decrease the size of any harvested population to levels below 
those that ensure its stable recruitment. For this purpose, the 
Convention recommends that its size not be allowed to fall below a 
level close to that which ensures the greatest net annual increment.
    (2) Upset the ecological relationships between harvested, 
dependent, and related populations of AMLRs and the restoration of 
depleted populations to levels that will ensure stable recruitment.
    (3) Cause changes or increase the risk of changes in the marine 
ecosystem that are not potentially reversible over 2 or 3 decades, 
taking into account the state of available knowledge of the direct and 
indirect impact of harvesting, the effect of the introduction of alien 
species, the effects of associated activities on the marine ecosystem 
and of the effects of environmental changes, with the aim of making 
possible the sustained conservation of AMLRs.
    (4) Violate the management measures issued pursuant to Sec. 300.111 
of this subpart.
    (5) Violate any other conservation measures in force with respect 
to the United States under the Convention or the Act.
    (e) Duration. A harvesting permit is valid from its date of 
issuance to its date of expiration unless it is revoked or suspended.

[[Page 25464]]

    (f) Transfer. Permits are not transferable or assignable. A permit 
is valid only for the vessel to which it is issued.
    (g) Display. Each harvesting vessel when engaged in harvesting must 
either have on board an up-to-date copy of its harvesting permit or a 
fully completed and up-to-date harvesting vessel certificate and the 
vessel operator must produce it for inspection upon the request of an 
authorized officer or CCAMLR inspector. In order for the certificate to 
be considered complete, the vessel owner or operator must enter on it 
the name and IRCS of the vessel issued the harvesting permit, the 
number of the harvesting permit and its date of issuance and 
expiration, the harvesting authorized by the permit, and all conditions 
and restrictions contained in the permit. Blank certificates are 
available from the Assistant Administrator.
    (h) Changes in information submitted by permit applicants or 
holders--(1) Changes in pending applications. Applicants for a 
harvesting permit must report to the Assistant Administrator in writing 
any change in the information contained in the application. The 
processing period for the application will be extended as necessary to 
review the change.
    (2) Changes occurring after permit issuance--(i) Changes other than 
in the manner and amount of harvesting. The owner or operator of a 
vessel that has been issued a harvesting permit must report to the 
Assistant Administrator in writing any change in previously submitted 
information other than a proposed change in the location, manner, or 
amount of harvesting within 15 days of the change. Based on such 
reported information, the Assistant Administrator may revise the permit 
effective upon notification to the permit holder. As soon as possible, 
the vessel owner or operator must revise any harvesting vessel 
certificate evidencing the permit, accordingly.
    (ii) Requested changes in the location, manner, or amount of 
harvesting. Any changes in the manner or amount of harvesting must be 
proposed in writing to the Assistant Administrator and may not be 
undertaken unless authorized by the Assistant Administrator through a 
permit revision or issuance of a new permit. If a requested change in 
the location, manner, or amount of harvesting could significantly 
affect the status of any Antarctic marine living resource, the 
Assistant Administrator will treat the requested change as an 
application for a new permit and so notify the holder.
    (i) Additional conditions and restrictions. The Assistant 
Administrator may revise the harvesting permit, effective upon 
notification to the permit holder, to impose additional conditions and 
restrictions on the harvesting vessel as necessary to achieve the 
purposes of the Convention or the Act. The permit holder must, as soon 
as possible, direct the vessel operator to revise the harvesting vessel 
certificate, if any, accordingly.
    (j) Revision, suspension, or revocation for violations. A 
harvesting permit may be revised, suspended, or revoked if the 
harvesting vessel is involved in the commission of any violation of its 
permit, the Act, or this subpart. Failure to report a change in the 
information contained in an application within 15 days of the change is 
a violation of this subpart and voids the application or permit, as 
applicable. If a change in vessel ownership is not reported, the 
violation is chargeable to the previous owner. Title 15 CFR part 904 
governs permit sanctions under this subpart.

Sec. 300.113  Import permits.

    (a) General. (1) Any AMLR may be imported into the United States if 
its harvest is authorized by an individual permit or a harvesting 
permit. The harvesting permit, the harvesting vessel certificate, or 
the individual permit, or a copy of any thereof, must accompany the 
import. AMLRs harvested by entities not subject to U.S. jurisdiction 
and, thus, not harvested under a U.S. issued permit (i.e., a harvesting 
permit or an individual permit), also may be imported into the United 
States if such harvesting will meet or met the requirements of the Act 
and will not or did not violate any conservation measure in force with 
respect to the United States under the Convention or the Act or violate 
any of the regulations in this subpart, including resource management 
measures contained therein. A NMFS issued import permit or copy thereof 
must accompany such an import as proof that the foreign harvested 
resources met such requirements. Further, the importer is required to 
complete and return to the Assistant Administrator, no later than 10 
days after the date of the importation, an import ticket reporting the 
importation. However, in no event may a marine mammal be imported into 
the United States unless authorized and accompanied by an import permit 
issued under the Marine Mammal Protection Act and/or the Endangered 
Species Act.
    (2) A permit issued under this section does not authorize the 
harvest of any AMLRs.
    (b) Application. Application forms for import permits are available 
from the Assistant Administrator (Attn: CCAMLR permits). A fully 
completed and accurate application must be submitted for each import 
permit requested at least 30 days before the anticipated date of the 
importation.
    (c) Issuance. The Assistant Administrator may issue an import 
permit if the Assistant Administrator determines that the importation 
meets the requirements of the Act and that the resources were not or 
will not be harvested in violation of any conservation measure in force 
with respect to the United States or in violation of any regulation in 
this subpart. Blank import tickets will be attached to the permit. 
Additional blank import tickets are available from the Assistant 
Administrator.
    (d) Duration. An import permit is valid from its date of issuance 
to its date of expiration unless it is revoked or suspended.
    (e) Transfer. An import permit is not transferable or assignable.
    (f) Changes in information submitted by permit applicants or 
holders--(1) Changes in pending applications. Applicants for an import 
permit must report in writing to the Assistant Administrator any change 
in the information submitted in their import permit application. The 
processing period for the application will be extended as necessary to 
review the change.
    (2) Changes occurring after permit issuance. Any entity issued an 
import permit must report in writing to the Assistant Administrator any 
changes in previously submitted information. Any changes that would not 
result in a change in the importation authorized by the permit must be 
reported on the import ticket required to be submitted to the Assistant 
Administrator no later than 10 days after the date of importation. Any 
changes that would result in a change in the importation authorized by 
the permit, such as country of origin, type and quantity of the 
resource to be imported, and Convention statistical subarea from which 
the resource was harvested, must be proposed in writing to the 
Assistant Administrator and may not be undertaken unless authorized by 
the Assistant Administrator by a permit revision or new permit.
    (g) Revision, suspension, or revocation. An import permit may be 
revised, suspended, or revoked based upon information subsequently 
reported, effective upon notification to the permit holder. An import 
permit may be revised, suspended, or revoked,

[[Page 25465]]

based upon a violation of the permit, the Act, or this subpart. Failure 
to report a change in the information contained in an import permit 
application is a violation of this subpart and voids the application or 
permit, as applicable. Title 15 CFR part 904 governs permit sanctions 
under this subpart.
    (h) Disposition of resources not accompanied by required 
documentation. (1) When AMLRs are imported into the United States 
unaccompanied by a permit authorizing import, the importer must either:
    (i) Abandon the resources;
    (ii) Waive claim to the resources; or
    (iii) Place the resources into a bonded warehouse and attempt to 
obtain a permit authorizing their importation.
    (2) If, within 60 days of such resources being placed into a bonded 
warehouse, the District Director of the U.S. Customs Service receives 
documentation that import of the resources into the United States is 
authorized by a permit, the resources will be allowed entry. If 
documentation of a permit is not presented within 60 days, the 
importer's claim to the resources will be deemed waived.
    (3) When resources are abandoned or claim to them waived, the 
resources will be delivered to the Administrator of NOAA, or a 
designee, for storage or disposal as authorized by law.

Sec. 300.114  Appointment of a designated representative.

    (a) All holders of permits authorizing fishing in subarea 48.3 must 
appoint a designated representative in the United States.
    (b) The designated representative will be notified of closures 
under Sec. 300.111 and must transmit this information to the vessel on 
the grounds.
    (c) The designated representative may receive catch reports from 
the vessel and transmit the reports to NMFS in writing.

Sec. 300.115  Prohibitions.

    In addition to the prohibitions in Sec. 300.4, it is unlawful for 
any person to:
    (a) Reduce to possession or attempt to reduce to possession any 
AMLRs without a permit for such activity as required by Sec. 300.112.
    (b) Import into the United States any AMLRs without either a permit 
to import those resources as required by Sec. 300.113 or a permit to 
harvest those resources as required by Sec. 300.112.
    (c) Engage in harvesting or other associated activities in 
violation of the provisions of the Convention or in violation of a 
conservation measure in force with respect to the United States under 
Article IX of the Convention.
    (d) Ship, transport, offer for sale, sell, purchase, import, export 
or have custody, control or possession of, any AMLR that he or she 
knows, or reasonably should have known, was harvested in violation of a 
conservation measure in force with respect to the United States under 
article IX of the Convention or in violation of any regulation 
promulgated under this subpart, without regard to the citizenship of 
the person that harvested, or vessel that was used in the harvesting 
of, the AMLR.
    (e) Refuse to allow any CCAMLR inspector to board a vessel of the 
United States or a vessel subject to the jurisdiction of the United 
States for the purpose of conducting an inspection authorized by the 
Act, this subpart, or any permit issued under the Act.
    (f) Refuse to provide appropriate assistance, including access as 
necessary to communications equipment, to CCAMLR inspectors.
    (g) Refuse to sign a written notification of alleged violations of 
Commission measures in effect prepared by a CCAMLR inspector.
    (h) Assault, resist, oppose, impede, intimidate, or interfere with 
a CCAMLR inspector in the conduct of any boarding or inspection 
authorized by the Act, this subpart, or any permit issued under the 
Act.
    (i) Use any vessel to engage in harvesting after the revocation, or 
during the period of suspension, of an applicable permit issued under 
the Act.
    (j) Fail to identify, falsely identify, fail to properly maintain, 
or obscure the identification of a harvesting vessel or its gear as 
required by this subpart.
    (k) Fish in a closed area.
    (l) Trawl with a mesh size in any part of the trawl net smaller 
than that allowed for any directed fishing for Antarctic finfishes as 
specified in management measures issued pursuant to Sec. 300.111.
    (m) Use any means or device that would reduce the size or obstruct 
the opening of the trawl meshes specified in management measures issued 
pursuant to Sec. 300.111.
    (n) Possess fish in violation of the catch limit specified in 
management measures issued pursuant to Sec. 300.111.
    (o) Discard netting or other substances in the Convention Area in 
violation of Sec. 300.109.
    (p) Violate or attempt to violate any provision of this subpart, 
the Act, any other regulation promulgated under the Act or any permit 
issued under the Act.

Sec. 300.116  Facilitation of enforcement and inspection.

    In addition to the facilitation of enforcement provisions of 
Sec. 300.5, the following requirements apply to this subpart.
    (a) Access and records. (1) The owners and operator of each 
harvesting vessel must provide authorized officers and CCAMLR 
inspectors access to all spaces where work is conducted or business 
papers and records are prepared or stored, including but not limited to 
personal quarters and areas within personal quarters. If inspection of 
a particular area would interfere with specific on-going scientific 
research, and if the operator of the harvesting vessel makes such 
assertion and produces an individual permit that covers that specific 
research, the authorized officer or CCAMLR inspector will not disturb 
the area, but will record the information pertaining to the denial of 
access.
    (2) The owner and operator of each harvesting vessel must provide 
to authorized officers and CCAMLR inspectors all records and documents 
pertaining to the harvesting activities of the vessel, including but 
not limited to production records, fishing logs, navigation logs, 
transfer records, product receipts, cargo stowage plans or records, 
draft or displacement calculations, customs documents or records, and 
an accurate hold plan reflecting the current structure of the vessel's 
storage and factory spaces.
    (3) Before leaving vessels that have been inspected, the CCAMLR 
inspector will give the master of the vessel a Certificate of 
Inspection and a written notification of any alleged violations of 
Commission measures in effect and will afford the master the 
opportunity to comment on it. The ship's master must sign the 
notification to acknowledge receipt and the opportunity to comment on 
it.
    (b) Reports by non-inspectors. All scientists, fishermen, and other 
non-inspectors present in the Convention area and subject to the 
jurisdiction of the United States are encouraged to report any 
violation of Commission conservation and management measures observed 
in the Convention area to the Office of Ocean Affairs (CCAMLR 
Violations), Department of State, Room 5801, Washington, DC 20520.
    (c) Storage of AMLRs. The operator of each harvesting vessel 
storing AMLRs in a storage space on board the vessel must ensure that 
non-resource items are neither stowed beneath nor covered by resource 
items, unless required to maintain the stability and safety of the 
vessel. Non-resource items include, but are not limited to, portable 
conveyors, exhaust fans, ladders, nets, fuel bladders, extra bin 
boards, or other moveable non-resource items. These

[[Page 25466]]

non-resource items may be in a resource storage space when necessary 
for the safety of the vessel or crew or for the storage of the items. 
Lumber, bin boards, or other dunnage may be used for shoring or bracing 
of product to ensure the safety of crew and to prevent shifting of 
cargo within the space.

Sec. 300.117  Penalties.

    Any person or harvesting vessel found to be in violation of the 
Act, this subpart, or any permit issued under this subpart will be 
subject to the civil and criminal penalty provisions and forfeiture 
provisions prescribed in the Act, 15 CFR part 904, and other applicable 
laws.

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Subpart H--Vessels of the United States Fishing in Columbian Treaty 
Waters

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

Sec. 300.120  Purpose.

    This subpart implements fishery conservation and management 
measures as provided in fishery agreements pursuant to the Treaty 
Between the Government of the United States of America and the 
Government of the Republic of Colombia Concerning the Status of Quita 
Sueno, Roncador and Serrana (TIAS 10120) (Treaty).

Sec. 300.121  Definitions.

    In addition to the terms defined in Sec. 300.2, the Magnuson Act, 
and Sec. 600.10 of this title, and in the Treaty, the terms used in 
this subpart have the following meanings. If a term is defined 
differently in Sec. 300.2, the Magnuson Act, or the Treaty, the 
definition in this section shall apply.
    Conch means Strombus gigas.
    Factory vessel means a vessel that processes, transforms, or 
packages aquatic biological resources on board.
    Lobster means one or both of the following:
    (1) Smoothtail lobster, Panulirus laevicauda.
    (2) Spiny lobster, Panulirus argus.
    Regional Director means the Director, Southeast Region, or a 
designee.
    Science and Research Director means the Director, Southeast 
Fisheries Science Center.
    Treaty waters means the waters of one or more of the following:
    (1) Quita Sueno, enclosed by latitudes 13 deg.55' N. and 14 deg.43' 
N. between longitudes 80 deg.55' W. and 81 deg.28' W.
    (2) Serrana, enclosed by arcs 12 nautical miles from the low water 
line of the cays and islands in the general area of 14 deg.22' N. lat., 
80 deg.20' W. long.
    (3) Roncador, enclosed by arcs 12 nautical miles from the low water 
line of Roncador Cay, in approximate position 13 deg.35' N. lat., 
80 deg.05' W. long.

Sec. 300.122  Relation to other laws.

    (a) The relation of this subpart to other laws is set forth in 
Sec. 600.705 of this title and paragraph (b) of this section. 
Particular note should be made to the reference in Sec. 600.705 to the 
applicability of title 46 U.S.C., under which a Certificate of 
Documentation is invalid when the vessel is placed under the command of 
a person who is not a citizen of the United States.
    (b) Minimum size limitations for certain species, such as reef fish 
in the Gulf of Mexico, may apply to vessels transitting the EEZ with 
such species aboard.

Sec. 300.123  Certificates and permits.

    (a) Applicability. An owner of a vessel of the United States that 
fishes in treaty waters is required to obtain an annual certificate 
issued by the Republic of Colombia and an annual vessel permit issued 
by the Regional Director.
    (b) Application for certificate/permit. (1) An application for a 
permit must be submitted and signed by the vessel's owner. An 
application may be submitted at any time, but should be submitted to 
the Regional Director not less than 90 days in advance of its need. 
Applications for the ensuing calendar year should be submitted to the 
Regional Director by October 1.
    (2) An applicant must provide the following:
    (i) A copy of the vessel's valid USCG certificate of documentation 
or, if not documented, a copy of its valid state registration 
certificate.
    (ii) Vessel name and official number.
    (iii) Name, address, telephone number, and other identifying 
information of the vessel owner or, if the owner is a corporation or 
partnership, of the responsible corporate officer or general partner.
    (iv) Principal port of landing of fish taken from treaty waters.
    (v) Type of fishing to be conducted in treaty waters.
    (vi) Any other information concerning the vessel, gear 
characteristics, principal fisheries engaged in, or fishing areas, as 
specified on the application form.
    (vii) Any other information that may be necessary for the issuance 
or administration of the permit, as specified on the application form.
    (c) Issuance. (1) The Regional Director will request a certificate 
from the Republic of Colombia if:
    (i) The application is complete.
    (ii) The applicant has complied with all applicable reporting 
requirements of Sec. 300.124 during the year immediately preceding the 
application.
    (2) Upon receipt of an incomplete application, or an application 
from a person who has not complied with all applicable reporting 
requirements of Sec. 300.124 during the year immediately preceding the 
application, the Regional Director will notify the applicant of the 
deficiency. If the applicant fails to correct the deficiency within 30 
days of the Regional Director's notification, the application will be 
considered abandoned.
    (3) The Regional Director will issue a permit as soon as the 
certificate is received from the Republic of Colombia.
    (d) Duration. A certificate and permit are valid for the calendar 
year for which they are issued, unless the permit is revoked, 
suspended, or modified under subpart D of 15 CFR part 904.
    (e) Transfer. A certificate and permit issued under this section 
are not transferable or assignable. They are valid only for the fishing 
vessel and owner for which they are issued.
    (f) Display. A certificate and permit issued under this section 
must be carried aboard the fishing vessel while it is in treaty waters. 
The operator of a fishing vessel must present the certificate and 
permit for inspection upon request of an authorized officer or an 
enforcement officer of the Republic of Colombia.
    (g) Sanctions and denials. Procedures governing enforcement-related 
permit sanctions and denials are found at subpart D of 15 CFR part 904.
    (h) Alteration. A certificate or permit that is altered, erased, or 
mutilated is invalid.
    (i) Replacement. A replacement certificate or permit may be issued 
upon request. Such request must clearly state the reason for a 
replacement certificate or permit.
    (j) Change in application information. The owner of a vessel with a 
permit must notify the Regional Director within 30 days after any 
change in the application information required by paragraph (b)(2) of 
this section. The permit is void if any change in the information is 
not reported within 30 days.

Sec. 300.124  Recordkeeping and reporting.

    (a) Arrival and departure reports. The operator of each vessel of 
the United States for which a certificate and permit have been issued 
under Sec. 300.123 must report by radio to the Port Captain, San Andres 
Island, voice radio call sign ``Capitania de San Andres,'' the vessel's 
arrival in and departure from treaty waters. Radio reports must be made 
on 8222.0 kHz or 8276.5 kHz between 8:00 a.m. and 12 noon, local time 
(1300-1700, Greenwich mean time) Monday through Friday.
    (b) Catch and effort reports. Each vessel of the United States must 
report its catch and effort on each trip into treaty waters to the 
Science and Research Director on a form available from the Science and 
Research Director. These forms must be submitted to the Science and 
Research Director so as to be received no later than 7 days after the 
end of each fishing trip.

Sec. 300.125  Vessel identification.

    (a) Official number. A vessel with a permit issued pursuant to 
Sec. 300.123, when in treaty waters, must display its official number 
on the port and starboard sides of the deckhouse or hull,

[[Page 25470]]

and on an appropriate weather deck, so as to be clearly visible from an 
enforcement vessel or aircraft. The official number must be permanently 
affixed to or painted on the vessel and must be in block arabic 
numerals in contrasting color to the background at least 18 inches 
(45.7 cm) in height for fishing vessels over 65 ft (19.8 m) in length, 
and at least 10 inches (25.4 cm) in height for all other vessel.
    (b) Duties of operator. The operator of each fishing vessel must--
    (1) Keep the official number clearly legible and in good repair.
    (2) Ensure that no part of the fishing vessel, its rigging, fishing 
gear, or any other material aboard obstructs the view of the official 
number from an enforcement vessel or aircraft.

Sec. 300.126  Prohibitions.

    In addition to the general prohibitions specified in Sec. 600.725 
of this title and the prohibited acts specified in Sec. 300.4, it is 
unlawful for any person to do any of the following:
    (a) Fish in treaty waters without the certificate and permit 
aboard, or fail to display the certificate and permit, as specified in 
Sec. 300.123 (a) and (f).
    (b) Fail to notify the Regional Director of a change in application 
information, as specified in Sec. 300.123(j).
    (c) Fail to report a vessel's arrival in and departure from treaty 
waters, as required by Sec. 300.124(a).
    (d) Falsify or fail to display and maintain vessel identification, 
as required by Sec. 300.125.
    (e) Fail to comply immediately with instructions and signals issued 
by an enforcement officer of the Republic of Colombia, as specified in 
Sec. 300.127.
    (f) Operate a factory vessel in treaty waters, as specified in 
Sec. 300.130(a).
    (g) Use a monofilament gillnet in treaty waters, as specified in 
Sec. 300.130(b).
    (h) Use autonomous or semi-autonomous diving equipment in treaty 
waters, as specified in Sec. 300.130(c).
    (i) Use or possess in treaty waters a lobster trap or fish trap 
without a degradable panel, as specified in Sec. 300.130(d).
    (j) Possess conch smaller than the minimum size limit, as specified 
in Sec. 300.131(a).
    (k) Fish for or possess conch in the closed area or during the 
closed season, as specified in Sec. 300.131 (b) and (c).
    (l) Retain on board a berried lobster or strip eggs from or 
otherwise molest a berried lobster, as specified in Sec. 300.132(a).
    (m) Possess a lobster smaller than the minimum size, as specified 
in Sec. 300.132(b).
    (n) Fail to return immediately to the water unharmed a berried or 
undersized lobster, as specified in Sec. 300.132(a) and (b).

Sec. 300.127  Facilitation of enforcement.

    (a) The provisions of Sec. 600.730 of this title and paragraph (b) 
of this section apply to vessels of the United States fishing in treaty 
waters.
    (b) The operator of, or any other person aboard, any vessel of the 
United States fishing in treaty waters must immediately comply with 
instructions and signals issued by an enforcement officer of the 
Republic of Colombia to stop the vessel and with instructions to 
facilitate safe boarding and inspection of the vessel, its gear, 
equipment, fishing record, and catch for purposes of enforcing this 
subpart.

Sec. 300.128  Penalties.

    Any person committing or fishing vessel used in the commission of a 
violation of the Magnuson Act or any regulation issued under the 
Magnuson Act, is subject to the civil and criminal penalty provisions 
and civil forfeiture provisions of the Magnuson Act, to part 600 of 
this title, to 15 CFR part 904, and to other applicable law. In 
addition, Colombian authorities may require a vessel involved in a 
violation of this subpart to leave treaty waters.

Sec. 300.129  Fishing year.

    The fishing year for fishing in treaty waters begins on January 1 
and ends on December 31.

Sec. 300.130  Vessel and gear restrictions.

    (a) Factory vessels. Factory vessels are prohibited from operating 
in treaty waters.
    (b) Monofilament gillnets. A monofilament gillnet made from nylon 
or similar synthetic material are prohibited from being used in treaty 
waters.
    (c) Tanks and air hoses. Autonomous or semiautonomous diving 
equipment (tanks or air hoses) are prohibited from being used to take 
aquatic biological resources in treaty waters.
    (d) Trap requirements. A lobster trap or fish trap used or 
possessed in treaty waters that is constructed of material other than 
wood must have an escape panel located in the upper half of the sides 
or on top of the trap that, when removed, will leave an opening no 
smaller than the throat or entrance of the trap. Such escape panel must 
be constructed of or attached to the trap with wood, cotton, or other 
degradable material.
    (e) Poisons and explosives. [Reserved]

Sec. 300.131  Conch harvest limitations.

    (a) Size limit. The minimum size limit for possession of conch in 
or from treaty waters is 7.94 oz (225 g) for an uncleaned meat and 3.53 
oz (100 g) for a cleaned meat.
    (b) Closed area. The treaty waters of Quita Sueno are closed to the 
harvest or possession of conch.
    (c) Closed season. During the period July 1 through September 30 of 
each year, the treaty waters of Serrana and Roncador are closed to the 
harvest or possession of conch.

Sec. 300.132  Lobster harvest limitations.

    (a) Berried lobsters. A berried (egg-bearing) lobster in treaty 
waters may not be retained on board. A berried lobster must be returned 
immediately to the water unharmed. A berried lobster may not be 
stripped, scraped, shaved, clipped, or in any other manner molested to 
remove the eggs.
    (b) Size limit. The minimum size limit for possession of lobster in 
or from treaty waters is 5.5 inches (13.97 cm), tail length. Tail 
length means the measurement, with the tail in a straight, flat 
position, from the anterior upper edge of the first abdominal (tail) 
segment to the tip of the closed tail. A lobster smaller than the 
minimum size limit must be returned immediately to the water unharmed.

Subpart I--United States-Canada Fisheries Enforcement

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

Sec. 300.140  Purpose and scope.

    This subpart implements the Agreement Between the Government of the 
United States of America and the Government of Canada on Fisheries 
Enforcement executed at Ottawa, Canada, on September 26, 1990 
(Agreement), allowing each party to the Agreement to take appropriate 
measures, consistent with international law, to prevent its nationals, 
residents and vessels from violating those national fisheries laws and 
regulations of the other party. This subpart applies, except where 
otherwise specified in this subpart, to all persons and all places (on 
water and on land) subject to the jurisdiction of the United States 
under the Magnuson Act. This includes, but is not limited to, 
activities of nationals, residents and vessels of the United States 
(including the owners and operators of such vessels) within waters 
subject to the fisheries jurisdiction of Canada as defined in this 
subpart, as well as on the high seas and in waters subject to the 
fisheries jurisdiction of the United States.

[[Page 25471]]

Sec. 300.141  Definitions.

    In addition to the terms defined in Sec. 300.2 and those in the 
Magnuson Act and the Agreement, the terms used in this subpart have the 
following meanings. If a term is defined differently in Sec. 300.2, the 
Magnuson Act, or the Agreement, the definition in this section applies.
    Applicable Canadian fisheries law means any Canadian law, 
regulation or similar provision relating in any manner to fishing by 
any fishing vessel other than a Canadian fishing vessel in waters 
subject to the fisheries jurisdiction of Canada, including, but not 
limited to, any provision relating to stowage of fishing gear by 
vessels passing through such waters, and to obstruction or interference 
with enforcement of any such law or regulation.
    Authorized officer of Canada means any fishery officer, protection 
officer, officer of the Royal Canadian Mounted Police, or other 
employee authorized by the appropriate authority of any national or 
provincial agency of Canada to enforce any applicable Canadian 
fisheries law.
    Canadian fishing vessel means a fishing vessel:
    (1) That is registered or licensed in Canada under the Canada 
Shipping Act and is owned by one or more persons each of whom is a 
Canadian citizen, a person resident and domiciled in Canada, or a 
corporation incorporated under the laws of Canada or of a province, 
having its principle place of business in Canada; or
    (2) That is not required by the Canada Shipping Act to be 
registered or licensed in Canada and is not registered or licensed 
elsewhere but is owned as described in paragraph (1) of this 
definition.
    Waters subject to the fisheries jurisdiction of Canada means the 
internal waters, territorial sea, and the zone that Canada has 
established, extending 200 nautical miles from its coasts, in which it 
exercises sovereign rights for the purpose of exploration, 
exploitation, conservation and management of living marine resources, 
to the extent recognized by the United States.

Sec. 300.142  Prohibitions.

    The prohibitions in this section apply within waters subject to the 
fisheries jurisdiction of Canada and during hot pursuit therefrom by an 
authorized officer of Canada. It is unlawful for any national or 
resident of the United States, or any person on board a vessel of the 
United States, or the owner or operator of any such vessel, to do any 
of the following:
    (a) Engage in fishing in waters subject to the fisheries 
jurisdiction of Canada without the express authorization of the 
Government of Canada.
    (b) Take or retain fish in waters subject to the fisheries 
jurisdiction of Canada without the express authorization of the 
Government of Canada.
    (c) Be on board a fishing vessel in waters subject to the fisheries 
jurisdiction of Canada, without stowing all fishing gear on board 
either:
    (1) Below deck, or in an area where it is not normally used, such 
that the gear is not readily available for fishing; or
    (2) If the gear cannot readily be moved, in a secured and covered 
manner, detached from all towing lines, so that it is rendered unusable 
for fishing; unless the vessel has been authorized by the Government of 
Canada to fish in the particular location within waters subject to the 
fisheries jurisdiction of Canada in which it is operating.
    (d) While on board a fishing vessel in waters subject to the 
fisheries jurisdiction of Canada, fail to respond to any inquiry from 
an authorized officer of Canada regarding the vessel's name, flag 
state, location, route or destination, and/or the circumstances under 
which the vessel entered such waters.
    (e) Violate the Agreement, any applicable Canadian fisheries law, 
or the terms or conditions of any permit, license or any other 
authorization granted by Canada under any such law.
    (f) Fail to comply immediately with any of the enforcement and 
boarding procedures specified in Sec. 300.143.
    (g) Destroy, stave, or dispose of in any manner, any fish, gear, 
cargo or other matter, upon any communication or signal from an 
authorized officer of Canada, or upon the approach of such an officer, 
enforcement vessel or aircraft, before the officer has had the 
opportunity to inspect same, or in contravention of directions from 
such an officer.
    (h) Refuse to allow an authorized officer of Canada to board a 
vessel for the purpose of conducting any inspection, search, seizure, 
investigation or arrest in connection with the enforcement of any 
applicable Canadian fisheries law.
    (i) Assault, resist, oppose, impede, intimidate, threaten, 
obstruct, delay, prevent, or interfere, in any manner, with an 
authorized officer of Canada in the conduct of any boarding, 
inspection, search, seizure, investigation or arrest in connection with 
the enforcement of any applicable Canadian fisheries law.
    (j) Make any false statement, oral or written, to an authorized 
officer of Canada in response to any inquiry by that officer in 
connection with enforcement of any applicable Canadian fisheries law.
    (k) Falsify, cover, or otherwise obscure, the name, home port, 
official number (if any), or any other similar marking or 
identification of any fishing vessel subject to this subpart such that 
the vessel cannot be readily identified from an enforcement vessel or 
aircraft.
    (l) Attempt to do any of the foregoing.

Sec. 300.143  Facilitation of enforcement.

    (a) General. Persons aboard fishing vessels subject to this subpart 
must immediately comply with instructions and/or signals issued by an 
authorized officer of the United States or Canada, or by an enforcement 
vessel or aircraft, to stop the vessel, and with instructions to 
facilitate safe boarding and inspection for the purpose of enforcing 
any applicable Canadian fisheries law, the Agreement, or this subpart. 
All of the provisions of Sec. 300.5 regarding communications, boarding, 
and signals apply to this subpart. For purposes of this subpart, 
authorized officer in Sec. 305 means an authorized officer of the 
United States or Canada. (See paragraph (b) of this section for 
specific requirements for complying with signals and instructions 
issued by an authorized officer of Canada.)
    (b) Canadian signals. In addition to signals set forth in 
Sec. 300.5, persons aboard fishing vessels subject to this subpart must 
immediately comply with the following signals by an authorized officer 
of Canada.
    (1) Authorized officers of Canada use the following signals to 
require fishing vessels to stop or heave to:
    (i) The hoisting of a rectangular flag, known as the International 
Code Flag ``L'', which is divided vertically and horizontally into 
quarters and colored so that:
    (A) The upper quarter next to the staff and the lower quarter next 
to the fly are yellow; and
    (B) The lower quarter next to the staff and the upper quarter next 
to the fly are black;
    (ii) The flashing of a light to indicate the International Morse 
Code letter ``L'', consisting of one short flash, followed by one long 
flash, followed by two short flashes (. - . .); or
    (iii) The sounding of a horn or whistle to indicate the 
International Morse Code letter ``L'', consisting of one short blast, 
followed by one long blast, followed by two short blasts (. - . .).

[[Page 25472]]

    (2) Authorized officers of Canada use the following signals to 
require a fishing vessel to prepare to be boarded:
    (i) The hoisting of flags representing the International Code Flag 
``SQ3''; or
    (ii) The flashing of a light, or the sounding of a horn or whistle, 
to indicate the International Morse Code Signal ``SQ3'' (. . . - - . - 
. . . - -).

Sec. 300.144  Penalties and sanctions.

    Any person, any fishing vessel, or the owner or operator of any 
such vessel, who violates any provision of the Agreement or this 
subpart, is subject to the civil and criminal fines, penalties, 
forfeitures, permit sanctions, or other sanctions provided in the 
Magnuson Act, part 600 of this title, 15 CFR part 904 (Civil 
Procedures), and any other applicable law or regulation.

Subpart J--U.S. Nationals Fishing in Russian Fisheries

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

Sec. 300.150  Purpose.

    This subpart regulates U.S. nationals fishing in the Russian 
fisheries and implements the Agreement between the Government of the 
United States of America and the Government of the Union of Soviet 
Socialist Republics on Mutual Fisheries Relations, signed May 31, 1988.

Sec. 300.151  Definitions.

    In addition to the terms defined in Sec. 300.2 and those in the 
Magnuson Act, the terms used in this subpart have the following 
meanings. If a term is defined differently in Sec. 300.2 or the 
Magnuson Act, the definition in this section shall apply.
    Affiliates means two persons (including individuals and entities) 
related in such a way that--
    (1) One indirectly or directly controls or has power to control the 
other; or
    (2) A third party controls or has power to control both. Indicia of 
control include, but are not limited to, interlocking management or 
ownership, identity of interests among family members, shared 
facilities and equipment, common use of employees, or a reorganized 
entity having the same or similar management, ownership, or employees 
as a former entity.
    Agreement means the Agreement Between the Government of the United 
States of America and the Government of the Union of Soviet Socialist 
Republics on Mutual Fisheries Relations, signed May 31, 1988.
    Embassy of the Russian Federation means the Fisheries Attache of 
the embassy located in Washington, D.C.
    Fishery resource means any fish, any stock of fish, any species of 
fish, and any habitat of fish.
    Fishing or to fish means any activity that does, is intended to, or 
can reasonably be expected to result in catching or removing from the 
water fishery resources. Fishing also includes the acts of scouting, 
processing, and support.
    Operator, with respect to any vessel, means the master or other 
individual on board and in charge of either the vessel, the vessel's 
fishing operation, or both.
    Owner, with respect to any vessel, means any person who owns that 
vessel in whole or in part, whether or not it is leased or chartered to 
or managed by another person, or any charterer, whether bareboat, time, 
or voyage, and any person who acts in the capacity of a charterer, or 
manager, including but not limited to parties to a management 
agreement, operating agreement, or any similar agreement that bestows 
control over the destination, function, or operation of the vessel, any 
officer, director, manager, controlling shareholder of any entity 
described in this definition, any agent designated as such by any 
person described in this definition, and any affiliate of any person 
described in this definition.
    Processing means any operation by a vessel to receive fish from a 
fishing vessel and/or the preparation of fish, including but not 
limited to cleaning, cooking, canning, smoking, salting, drying, or 
freezing, either on the vessel's behalf or to assist another vessel.
    Regional Director means Director, Alaska Region, or a designee.
    Relevant laws and regulations of the Russian Federation means those 
Russian laws and regulations that concern fishing for fishery resources 
over which Russia exercises sovereign rights or fishery management 
authority.
    Russian and Federation mean the Russian Federation, its government, 
or any organ or entity of its government.
    Russian continental shelf or continental shelf of Russia means the 
seabed and subsoil of the submarine areas over which, consistent with 
international law, Russia exercises sovereign rights.
    Russian Economic Zone or Russian EZ means a zone of waters off the 
coast of Russia beyond and adjacent to the Russian territorial sea 
extending a distance of up to 200 nautical miles from the baseline from 
which the territorial sea is measured, within which, consistent with 
international law, Russia has sovereign rights over the fishery 
resources.
    Russian Federation or Russia means the governing entity that 
succeeded the Union of Soviet Socialist Republics, and that is the 
successor party to the Agreement of May 31, 1988.
    Russian fisheries, Russian fishery resources, or fishery resources 
over which Russia exercises sovereign rights or fishery management 
authority means fishery resources within the Russian EZ, fishery 
resources of the Russian continental shelf, and anadromous species that 
originate in the waters of Russia, whether found in the Russian EZ or 
beyond any exclusive economic zone or its equivalent.
    Scouting means any operation by a vessel exploring (on behalf of 
the vessel or another vessel) for the presence of fish by any means 
that do not involve the catching of fish.
    Support means any operation by a vessel assisting fishing by 
another vessel, including--
    (1) Transferring or transporting fish or fish products; or
    (2) Supplying a fishing vessel with water, fuel, provisions, 
fishing equipment, fish processing equipment, or other supplies.

Sec. 300.152  Procedures.

    (a) Application for annual permits. U.S. vessel owners and 
operators must have a valid permit issued by the Russian Federation 
obtained pursuant to a complete application submitted through NMFS 
before fishing in the Russian EZ or for Russian fishery resources. 
Application forms and copies of applicable laws and regulations of the 
Russian Federation may be obtained from NMFS Headquarters.
    (b) Other application information. Applications for motherships, 
processing or transport vessels must identify the type of fishing gear 
to be employed or the fishing quotas if the vessel has received or is 
requesting a quota. To facilitate processing, NMFS requests that permit 
applications for more than 10 vessels be grouped by type and fishing 
area, and provide the name, address, telephone, and FAX number(s) of an 
individual who will be the official point of contact for an 
application.
    (c) Review of Applications. NMFS will review each application, and, 
if it is complete, forward it to the Department of State for submission 
to the competent authorities of the Russian Federation. NMFS will 
notify the permit applicant when the permit is submitted to the Russian 
Federation. NMFS will return incomplete applications to the applicant.
    (d) Direct Communication. U.S. applicants may communicate directly 
with the Russian Federation with regard to the status of their 
applications or permits and are encouraged to do so.

[[Page 25473]]

Owners and operators should make direct contact and work with Russian 
industry and government authorities.

Sec. 300.153   Permit issuance.

    (a) Acceptance. Once the Department of State has accepted the 
conditions and restrictions proposed by the Russian Federation and all 
fees have been paid, the competent authorities of the Russian 
Federation will approve the application. The Russian Federation will 
issue a permit to the vessel owner for each fishing vessel for which it 
has approved an application. That vessel will thereupon be authorized 
by the Russian Federation to fish in accordance with the Agreement and 
the terms and conditions set forth in the permit. The vessel owner is 
prohibited from transferring the permit to any other vessel or person. 
Any such transfer, or the sale or other transfer of the vessel, will 
immediately invalidate the permit. The vessel owner must notify NMFS of 
any change in the permit application information submitted to NMFS 
Headquarters under Sec. 300.152 within 7 calendar days of the change.
    (b) Copies. The vessel owner and operator must mail a copy of each 
permit and any conditions and restrictions issued for that vessel by 
the Russian Federation within 7 calendar days of its receipt to NMFS 
Headquarters.
    (c) Validity. Any permit issued by the Russian Federation with 
respect to a vessel subject to this subpart will be deemed to be a 
valid permit only if:
    (1) A completed permit application has been forwarded to the 
competent authorities of the Russian Federation as provided in 
Sec. 300.152(b)(1).
    (2) Such application has been approved and a permit issued by the 
competent authorities of the Russian Federation as provided in 
paragraph (a) of this section.
    (3) The U.S. Department of State has notified the competent 
authorities of the Russian Federation that it has accepted the 
conditions and restrictions as provided in paragraph (a) of this 
section. The permit will be rendered invalid by: The transfer or sale 
of the permit specified in paragraph (a) of this section; the failure 
to submit to NMFS any changes in permit application information as 
required by paragraph (a) of this section; failure to submit to NMFS 
any permit copy required by paragraph (b) of this section or any other 
information or report required by any other provision of this subpart; 
or the failure to pay required permit fees.
    (d) Russian-imposed sanctions. (1) The Russian Federation will 
impose appropriate fines, penalties, or forfeitures in accordance with 
its laws, for violations of its relevant laws or regulations.
    (2) In the case of arrest and seizure of a U.S. vessel by Russian 
authorities, notification will be given promptly through diplomatic 
channels informing the United States of the facts and actions taken.
    (3) The Russian Federation will release U.S. vessels and their 
crews promptly, subject to the posting of reasonable bond or other 
security.
    (4) The sanctions for violations of limitations or restrictions on 
fishing operations will be appropriate fines, penalties, forfeitures, 
or revocations or suspensions of fishing privileges.

Sec. 300.154   Recordkeeping and reporting.

    (a) General. The owner and operator of a vessel subject to this 
subpart are responsible for complying with all recordkeeping and 
reporting requirements in this part in a timely and accurate manner. 
Reports and records required by this subpart must be in English, in the 
formats specified, and unless otherwise specified, based on Greenwich 
mean time (GMT).
    (b) Vessel permit abstract report. (1) The owner and operator of a 
vessel subject to this subpart must submit to NMFS Headquarters a 
permit abstract report containing the following information:
    (i) Vessel name.
    (ii) Russian Federation permit number.
    (iii) Duration of permit (e.g., 1/1/91-12/31/91).
    (iv) Authorized areas of fishing operations in geographic 
coordinates.
    (v) Authorized catch quota in tons.
    (vi) Authorized fishing gear.
    (vii) Type of permit (e.g., catcher).
    (2) The report must be telefaxed to (301) 713-0596 within 5 
calendar days of receipt of the Russian permit.
    (c) Activity reports. The owner and operator of a vessel subject to 
this subpart must submit to the Regional Director by telefax to (907) 
586-7313, the following reports:
    (1) Depart Report (Action code DEPART). At least 24 hours before 
the vessel departs from the EEZ for the Russian EZ, NMFS must receive 
the following information:
    (i) The date (month and day), and time (hour and minute GMT), and 
position (latitude and longitude to the nearest degree and minute), at 
which the vessel will depart the EEZ for the Russian EZ.
    (ii) The weight in metric tons (to the nearest hundredth of a 
metric ton) of all fish and fish product (listed by species and product 
codes) on board the vessel at the time it will depart the EEZ.
    (2) Return Report (Action code RETURN). At least 24 hours before a 
vessel that has been in the Russian EZ enters the EEZ, NMFS must 
receive the following information:
    (i) The date (month and day), time (hour and minute GMT), and 
position (latitude and longitude to the nearest degree and minute), at 
which the vessel will enter the EEZ.
    (ii) The weight in metric tons (to the nearest hundredth of a 
metric ton) of all fish and fish products (listed by species and 
product codes) on board the vessel at the time it will enter the EEZ, 
and the areas (Russian EZ, U.S. EEZ, or other) in which such fish 
products were harvested or received.
    (3) All reports must specify: The appropriate action code 
(``DEPART'' or ``RETURN''); the vessel's name and international radio 
call sign (IRCS); the sender's name and telephone number, and FAX, 
TELEX, and COMSAT numbers; the date (month and day) and time (hour and 
minute GMT) that the report is submitted to NMFS; and the intended date 
and U.S. port of landing. A list of species and product codes may be 
obtained from the Regional Director.
    (d) Recordkeeping. The owner and operator of a vessel subject to 
this subpart must retain all copies of all reports required by this 
subpart on board the vessel for 1 year after the end of the calendar 
year in which the report was generated. The owner and operator must 
retain and make such records available for inspection upon the request 
of an authorized officer at any time for 3 years after the end of the 
calendar year in which the report was generated, whether or not such 
records on board the vessel.

Sec. 300.155   Requirements.

    (a) Compliance with permit requirements. (1) U.S. nationals and 
vessels subject to this subpart must have a valid permit, as specified 
in Sec. 300.153(c) in order to fish for Russian fishery resources.
    (2) U.S. nationals and vessels subject to this subpart that are 
fishing for Russian fishery resources must comply with all provisions, 
conditions, and restrictions of any applicable permit.
    (b) Compliance with Russian law. U.S. nationals and vessels fishing 
for Russian fishery resources must comply with the relevant laws and 
regulations of the Russian Federation.
    (c) Protection of marine mammals. U.S. nationals and vessels 
fishing for Russian fishery resources may not harass, hunt, capture, or 
kill any marine mammal within the Russian EZ, attempt to do so, except 
as may be provided for by an international agreement to which

[[Page 25474]]

both the United States and Russia are parties, or in accordance with 
specific authorization and controls established by the Russian 
Federation. The provisions of the Marine Mammal Protection Act (MMPA), 
16 U.S.C. 1361 et seq. also apply to any person or vessel subject to 
the jurisdiction of the United States while in the Russian EZ, and it 
shall not be a defense to any violation of the MMPA that the person or 
vessel was acting in accordance with any permit or authorization issued 
by the Russian Federation.
    (d) Cooperation with enforcement procedures. (1) The operator of, 
or any person aboard, any U.S. vessel subject to this subpart must 
immediately comply with instructions and signals issued by an 
authorized officer of the Russian Federation to stop the vessel and 
with instructions to facilitate safe boarding and inspection of the 
vessel, its gear, equipment, fishing record, and catch for purposes of 
enforcing the relevant laws and regulations of Russia.
    (2) The operator of, and any person aboard, any U.S. vessel subject 
to this subpart, must comply with directions issued by authorized 
officers of the Russian Federation in connection with the seizure of 
the vessel for violation of the relevant laws or regulations of the 
Russian Federation.
    (3) U.S. nationals and vessels subject to this subpart must pay all 
fines and penalties and comply with forfeiture sanctions imposed by the 
Russian Federation for violations of its relevant laws and regulations.
    (4) The operator of, and any person aboard, any U.S. vessel subject 
to this subpart must immediately comply with instructions and signals 
issued by an authorized officer of the United States to stop the vessel 
and with instructions to facilitate safe boarding and inspection of the 
vessel, its gear, equipment, fishing records, and catch for purposes of 
enforcing the Magnuson Act, the Agreement, and this subpart.
    (e) Compliance with observer requirements. The owner of, operator 
of, and any person aboard, any U.S. vessel fishing in the Russian EZ or 
for Russian fishery resources to which a Russian observer is assigned 
must--
    (1) Allow and facilitate, on request, boarding of a U.S. vessel by 
the observer.
    (2) Provide to the observer, at no cost to the observer or the 
Russian Federation, the courtesies and accommodations provided to 
ship's officers.
    (3) Cooperate with the observer in the conduct of his or her 
official duties.
    (4) Reimburse the Russian Federation for the costs of providing an 
observer aboard the vessel.

Sec. 300.156   Prohibited acts.

    In addition to the prohibited acts specified at Sec. 300.4, it 
shall be unlawful for any U.S. national or vessel, or the owner or 
operator of any such vessel:
    (a) To fish for Russian fishery resources without a valid permit 
issued by the competent authorities of the Russian Federation.
    (b) To violate the provisions, conditions, and restrictions of an 
applicable permit.
    (c) To violate the relevant laws and regulations of Russia.
    (d) To harass, hunt, capture, or kill any marine mammal within the 
Russian EZ, or while fishing for Russian fishery resources, except as 
provided in Sec. 300.155(c).
    (e) To fail to comply immediately with enforcement and boarding 
procedures specified in Sec. 300.155(d).
    (f) To refuse to allow an authorized officer of the Russian 
Federation to board and inspect a vessel subject to this subpart for 
purposes of conducting any search, inspection, arrest, or seizure in 
connection with the enforcement of the relevant laws and regulations of 
the Russian Federation.
    (g) To assault, resist, oppose, impede, intimidate, threaten, or 
interfere with, in any manner, any authorized officer of the Russian 
Federation in the conduct of any search, inspection, seizure, or arrest 
in connection with enforcement of the relevant laws and regulations of 
the Russian Federation.
    (h) To fail to pay fines or penalties or comply with forfeitures 
imposed for a violation of the relevant laws and regulations of the 
Russian Federation.
    (i) To refuse or fail to allow a Russian observer to board a vessel 
subject to this subpart while fishing in the Russian EZ, or for Russian 
fishery resources.
    (j) To fail to provide to a Russian observer aboard a vessel 
fishing in the Russian EZ or for Russian fishery resources, the 
courtesies and accommodations provided to ship's officers.
    (k) To assault, resist, oppose, impede, intimidate, threaten, 
interfere with, harass, or fail to cooperate, in any manner, with a 
Russian observer placed aboard a vessel subject to this subpart.
    (l) To fail to reimburse the Russian Federation for the costs 
incurred in the utilization of Russian observers placed aboard such 
vessel.
    (m) To possess, have custody or control of, ship, transport, offer 
for sale, sell, purchase, transship, import, export, or traffic in any 
manner, any fish or parts thereof taken or retained, landed, purchased, 
sold, traded, acquired, or possessed, in any manner, in violation of 
the relevant laws and regulations of the Russian Federation, the 
Magnuson Act, or this subpart.
    (n) To enter the Russian EZ to fish unless a permit application has 
been submitted through NMFS to the competent authorities of the Russian 
Federation by the U.S. Department of State for such vessel as provided 
in this subpart.
    (o) To fish for Russian fisheries or to possess fish taken in 
Russian fisheries on board a vessel subject to this subpart without a 
valid permit or other valid form of authorization issued by the 
competent authorities of the Russian Federation on board the vessel.
    (p) To falsify, or fail to report to NMFS, any change in the 
information contained in a permit application subject to this subpart 
within 7 calendar days of such change.
    (q) To attempt to do, cause to be done, or aid and abet in doing, 
any of the foregoing.
    (r) To violate any other provision of this subpart.

Sec. 300.157  Penalties.

    In addition to any fine, penalty, or forfeiture imposed by the 
Russian Federation, nationals and vessels of the United States 
violating the prohibitions of Sec. 300.156 are subject to the fines, 
penalties, and forfeitures and the adjudicative procedures provided in 
the Magnuson Act, 16 U.S.C. 1858, 1860, 1861, and any other applicable 
laws and regulations of the United States.

Subpart K--Transportation and Labeling of Fish or Wildlife

    Authority: 16 U.S.C. 3371-3378.

Sec. 300.160  Requirement for marking of containers or packages.

    Except as otherwise provided in this subpart, all persons are 
prohibited from importing, exporting, or transporting in interstate 
commerce any container or package containing any fish or wildlife 
(including shellfish) unless each container or package is conspicuously 
marked on the outside with both the name and address of the shipper and 
consignee and an accurate list of its contents by species and number of 
each species.

Sec. 300.161  Alternatives and exceptions.

    (a) The requirements of Sec. 300.160 may be met by complying with 
one of the following alternatives to the marking requirement:
    (1)(i) Conspicuously marking the outside of each container or 
package

[[Page 25475]]

containing fish or wildlife with the word ``fish'' or ``wildlife'' as 
appropriate for its contents, or with the common name of its contents 
by species, and
    (ii) Including an invoice, packing list, bill of lading, or similar 
document to accompany the shipment that accurately states the name and 
address of the shipper and consignee, states the total number of 
packages or containers in the shipment, and for each species in the 
shipment specifies: The common name that identifies the species 
(examples include: chinook (or king) salmon; bluefin tuna; and 
whitetail deer); and the number of that species (or other appropriate 
measure of quantity such as gross or net weight). The invoice, packing 
list, bill of lading, or equivalent document must be securely attached 
to the outside of one container or package in the shipment or otherwise 
physically accompany the shipment in a manner that makes it readily 
accessible for inspection; or
    (2) Affixing the shipper's wildlife import/export license number 
preceded by ``FWS'' on the outside of each container or package 
containing fish or wildlife if the shipper has a valid wildlife import/
export license issued under authority of part 14 of this title. For 
each shipment marked in accordance with this paragraph (a)(2), the 
records maintained under Sec. 14.93(d) of this title must include a 
copy of the invoice, packing list, bill of lading, or other similar 
document that accurately states the information required by paragraph 
(a)(1)(ii) of this section.
    (3) In the case of subcontainers or packages within a larger 
packing container, only the outermost container must be marked in 
accordance with this section, provided, that for live fish or wildlife 
that are packed in subcontainers within a larger packing container, if 
the subcontainers are numbered or labeled, the packing list, invoice, 
bill of lading, or other similar document, must reflect that number or 
label.
    (4) A conveyance (truck, plane, boat, etc.) is not considered a 
container for purposes of requiring specific marking of the conveyance 
itself, provided that:
    (i) The fish or wildlife within the conveyance is carried loosely 
or is readily identifiable, and is accompanied by the document required 
by paragraph (a)(1)(ii) of this section; or
    (ii) The fish or wildlife is otherwise packaged and marked in 
accordance with this subpart.
    (b) The requirements of Sec. 300.160 do not apply to containers or 
packages containing--
    (1) Fox, nutria, rabbit, mink, chinchilla, marten, fisher, muskrat, 
and karakul that have been bred and born in captivity, or their 
products, if a signed statement certifying that the animals were bred 
and born in captivity accompanies the shipping documents;
    (2) Fish or shellfish contained in retail consumer packages labeled 
pursuant to the Food, Drug and Cosmetic Act, 21 U.S.C. 301 et seq.; or
    (3) Fish or shellfish that are landed by, and offloaded from, a 
fishing vessel (whether or not the catch has been carried by the 
fishing vessel interstate), as long as the fish or shellfish remain at 
the place where first offloaded.

PART 695--[REMOVED]

    3. Under the authority of 16 U.S.C. 1801 et seq., 50 CFR part 695 
is removed.

[FR Doc. 96-12447 Filed 5-15-96; 5:02 pm]
BILLING CODE 3510-22-W

Complete official Federal Register PDF

Federal Register proposed rules — 1996-05-21

FR Doc. 96-12739 Passenger Facility Charges

FR Doc. 96-12726 North Dakota Abandoned Mine Land Reclamation Plan

FR Doc. 96-12725 Oklahoma Regulatory Program

FR Doc. 96-12723 Amendments to Gas Valuation Regulations for Federal Leases

FR Doc. 96-12717 Proposed Flood Elevation Determinations

FR Doc. 96-12714 Proposed Flood Elevation Determinations

FR Doc. 96-12689 Food Labeling: Nutrient Content Claims, Definition of Term: Healthy

FR Doc. 96-12687 Government Contractors, Affirmative Action Requirements; Implementation of Executive Order 11246

FR Doc. 96-12662 Contract Program for Veterans With Alcohol and Drug Dependence Disorders

FR Doc. 96-12628 Acquisition Regulation; Source Selection Process

FR Doc. 96-12602 Airworthiness Directives; de Havilland Model DHC-7 Series Airplanes

FR Doc. 96-12601 Airworthiness Directives; Beech (Raytheon) Model Hawker 1000 and BAe 125-1000A Series Airplanes

FR Doc. 96-12447 International Fisheries; Consolidation of Regulations

FR Doc. 96-12447 International Fisheries; Consolidation of Regulations

FR Doc. 96-12447 International Fisheries; Consolidation of Regulations

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