issue-1996-06-19•Federal Register final rules — 1996-06-19
Federal Register final rules — 1996-06-19
issue-1996-06-19Federal Register final rules — 1996-06-19Regulation
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. 96-15649 Student Assistance General Provisions
[Federal Register Volume 61, Number 119 (Wednesday, June 19, 1996)]
[Rules and Regulations]
[Page 31035]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-15649]
=======================================================================
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DEPARTMENT OF EDUCATION
34 CFR Part 668
RIN 1840-AB84
Student Assistance General Provisions
AGENCY: Department of Education.
ACTION: Final regulations.
-----------------------------------------------------------------------
SUMMARY: The Secretary amends the Student Assistance General Provisions
regulations to add the Office of Management and Budget (OMB) control
number to certain sections of the regulations. These sections contain
information collection requirements approved by OMB. The Secretary
takes this action to inform the public that these requirements have
been approved and affected parties must comply with them.
EFFECTIVE DATE: These regulations are effective on July 1, 1996.
FOR FURTHER INFORMATION CONTACT:
Lorraine Kennedy, U.S. Department of Education, 600 Independence
Avenue, SW., (Room 3053, ROB-3) Washington, DC 20202. Telephone (202)
708-7888. Individuals who use a telecommunications device for the deaf
(TDD) may call the Federal Information Relay Service (FIRS) at 1-800-
877-8339 between 8 a.m. and 8 p.m. Eastern time, Monday through Friday.
SUPPLEMENTARY INFORMATION: Final regulations for the Student Assistance
General Provisions were published in the Federal Register on December
1, 1995 (60 FR 61830 [Ability-to-Benefit]). Compliance with information
collection requirements in certain sections of these regulations was
delayed until those requirements were approved by OMB under the
Paperwork Reduction Act of 1995. OMB approved the information
collection requirements in the regulations on May 1, 1996. The
information collection requirements in these regulations will therefore
become effective with all of the other provisions of the regulations on
July 1, 1996.
Waiver of Proposed Rulemaking
It is the practice of the Secretary to offer interested parties the
opportunity to comment on proposed regulations. However, the
publication of OMB control numbers is purely technical and does not
establish substantive policy. Therefore, the Secretary has determined
under 5 U.S.C. 553 (b)(B), that public comment on the regulations is
unnecessary and contrary to the public interest.
List of Subjects in 34 CFR Part 668
Administrative practice and procedure, Colleges and universities,
Consumer protection, Education, Loan programs-education, Reporting and
recordkeeping requirements, Student aid, Vocational education.
Dated: June 14, 1996.
David A. Longanecker,
Assistant Secretary for Postsecondary Education.
The Secretary amends Part 668 of Title 34 of the Code of Federal
Regulations as follows:
PART 668--STUDENT ASSISTANCE GENERAL PROVISIONS
1. The authority citation for Part 668 continues to read as
follows:
Authority: 20 U.S.C. 1085, 1088, 1091, 1092, 1094, 1099c, and
1141 unless otherwise noted.
Secs. 668.143 through 668.146, 668.148 through 668.153, 668.156
[Amended]
2. Sections 668.143, 668.144, 668.145, 668.146, 668.148, 668.149,
668.150, 668.151, 668.152, 668.153, and 668.156 are amended by adding
the OMB control number following each section to read as follows:
``(Approved by the Office of Management and Budget under control number
1840-0627)''.
[FR Doc. 96-15649 Filed 6-18-96; 8:45 am]
BILLING CODE 4000-01-M
Complete official Federal Register PDF
FR Doc. 96-15646 Revision of Class E Airspace; Zuni, NM
[Federal Register Volume 61, Number 119 (Wednesday, June 19, 1996)]
[Rules and Regulations]
[Page 31013]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-15646]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
14 CFR Part 71
[Airspace Docket No. 96-ASW-01]
Revision of Class E Airspace; Zuni, NM
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This action revises the Class E airspace extending upward from
700 feet above ground level (AGL) at Zuni, NM. The development of a
Global Positioning System (GPS) standard instrument approach procedure
(SIAP) to Runway (RWY) 07 at Zuni Pueblo, Black Rock Airport has made
this action necessary. This action is intended to provide adequate
Class E airspace to contain instrument flight rule (IFR) operations for
aircraft executing the GPS SIAP to RWY 07 at Zuni Pueblo, Black Rock
Airport, Zuni, NM.
EFFECTIVE DATE: 0901 UTC, August 15, 1996.
FOR FURTHER INFORMATION CONTACT:
Donald J. Day, Operations Branch, Air Traffic Division, Southwest
Region, Federal Aviation Administration, Fort Worth, TX 76193-0530,
telephone: (817) 222-5593.
SUPPLEMENTARY INFORMATION:
History
On January 31, 1996, a proposal to amend part 71 of the Federal
Aviation Regulations (14 CFR part 71) to revise the Class E airspace at
Zuni, NM, was published in the Federal Register (61 FR 3352). A GPS
SIAP to RWY 07 developed for Black Rock Airport, Zuni, NM, requires the
revision of Class E airspace at this airport. The proposal was to
establish controlled airspace extending upward from 700 fee AGL to
contain IFR operations in controlled airspace during portions of the
terminal operation and while transitioning between the enroute and
terminal environments.
Interested parties were invited to participate in this rulemaking
proceeding by submitting written comment on the proposal to the FAA. No
comment to the proposal were received. Therefore, the rule is adopted
as proposed.
The coordinates for this airspace docket are based on North
American Datum 83. Class E airspace designations for airspace areas
extending upward from 700 feet or more AGL are published in Paragraph
6005 of FAA Order 7400.9C dated August 17, 1995, and effective
September 16, 1995, which is incorporated by reference in 14 CFR 71.1.
The Class E airspace designation listed in this document will be
published subsequently in the Order.
The Rule
This amendment to part 71 of the Federal Aviation Regulations (14
CFR part 71) revises the Class E airspace located at Zuni, NM, to
provide controlled airspace extending upward from 700 feet AGL for
aircraft executing the GPS SIAP to RWY 07 at Black Rock Airport, Zuni,
NM.
The FAA has determined that this regulation only involves an
established body of technical regulations that need frequent and
routine amendments to keep them operationally current. It, therefore--
(1) is not a ``significant regulatory action'' under Executive Order
12866; (2) is not a ``significant rule'' under DOT Regulatory Policies
and Procedures (44 FR 11034; February 26, 1979); and (3) does not
warrant preparation of a regulatory evaluation as the anticipated
impact is so minimal. Since this is a routine matter that will only
affect air traffic procedures and air navigation, it is certified that
this rule will not have a significant economic impact on a substantial
number of small entities under the criteria of the Regulatory
Flexibility Act.
List of Subjects in 14 CFR Part 71
Airspace, Incorporation by reference, Navigation (air).
Adoption of the Amendment
In consideration of the foregoing, the Federal Aviation
Administration amends 14 CFR part 71 as follows:
PART 71--[AMENDED]
1. The authority citation for 14 CFR pat 71 continues to read as
follows:
Authority: 49 U.S.C. 40103, 40113, 40120; E.O. 10854, 24 FR
9565, 3 CFR, 1959-1963 Comp., p. 389; 49 U.S.C. 106(g); 14 CFR
11.69.
Sec. 71.1 [Amended]
2. The incorporation by reference in 14 CFR 71.1 of the Federal
Aviation Administration Order 7400.9C, Airspace Designations and
Reporting Points, dated August 17, 1995, and effective September 16,
1995, is amended as follows:
Paragraph 6005: Class E Airspace areas extending upward from 700
feet or more above the surface of the earth.
* * * * *
ASW NM E5 Zuni, NM [Revised]
Zuni Pueblo, Black Rock Airport, NM
(lat. 35 deg.05'00'' N., long. 108 deg.47'30'' W.)
Zuni VORTAC
(lat. 34 deg.57'57'' N., long. 109 deg.09'16'' W.)
That airspace extending upward from 700 feet above the surface
within a 6.4-mile radius of Black Airport and within 1.8 miles each
side of the 252 deg. bearing from the airport extending from the
6.4-mile radius to 8.4 miles southwest of the airport and that
airspace extending upward from 8,200 feet MSL within 6 miles north
and 8.5 miles south of Zuni VORTAC 248 deg. and 068 deg. radials
extending from 10.2 miles east to 17 miles west of the VORTAC,
excluding that airspace in the state of New Mexico.
* * * * *
Issued in Forth Worth, TX, on June 11, 1996.
Albert L. Viselli,
Acting Manager, Air Traffic Division, Southwest Region.
[FR Doc. 96-15646 Filed 6-18-96; 8:45 am]
BILLING CODE 4910-13-M
Complete official Federal Register PDF
FR Doc. 96-15645 Revision of Class E Airspace; Tucumcari, NM
[Federal Register Volume 61, Number 119 (Wednesday, June 19, 1996)]
[Rules and Regulations]
[Pages 31013-31014]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-15645]
-----------------------------------------------------------------------
[[Page 31014]]
DEPARTMENT OF TRANSPORTATION
14 CFR Part 71
[Airspace Docket No. 95-ASW-33 ]
Revision of Class E Airspace; Tucumcari, NM
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This action revises the Class E airspace extending upward from
700 feet above ground level (AGL) at Tucumcari, NM. The development of
a Global Positioning System (GPS) Standard Instrument Approach
Procedure (SIAP) to Runway (RWY) 03 at Tucumcari Municipal Airport has
made this action necessary. This action is intended to provide adequate
Class E airspace to contain instrument flight rule (IFR) operations for
aircraft executing the GPS SIAP to RWY 03 at Tucumcari Municipal
Airport, Tucumcari, NM.
EFFECTIVE DATE: 0901 UTC, August 15, 1996.
FOR FURTHER INFORMATION CONTACT:
Donald J. Day, Operations Branch Air Traffic Division, Southwest
Region, Federal Aviation Administration, Fort Worth, TX 76193-0530,
telephone: 817-222-5593.
SUPPLEMENTARY INFORMATION:
History
On January 31, 1996, a proposal to amend part 71 of the Federal
Aviation Regulations (14 CFR part 71) to revise the Class E airspace at
Tucumcari, NM, was published in the Federal Register (61 FR 3351). A
GPS SIAP to RWY 03 developed for Tucumcari Municipal Airport,
Tucumcari, NM, requires the revision of Class E airspace at this
airport. The proposal was to establish controlled airspace extending
upward from 700 feet AGL to contain IFR operations in controlled
airspace during portions of the terminal operation and while
transitioning between the enroute and terminal environments. Interested
parties were invited to participate in this rulemaking proceeding by
submitting written comments on the proposal to the FAA. No comments to
the proposal were received. Therefore, the rule is adopted as proposed.
The coordinates for this airspace docket are based on North
American Datum 83. Class E airspace designations for airspace areas
extending upward from 700 feet or more AGL are published in Paragraph
6005 of FAA Order 7400.9C dated August 17, 1995, and effective
September 16, 1995, which is incorporated by reference in 14 CFR 71.1.
The Class E airspace designation listed in this document will be
published subsequently in the Order.
The Rule
This amendment to part 71 of the Federal Aviation Regulations (14
CFR part 71) revises the Class E airspace located at Tucumcari, NM, to
provide controlled airspace extending upward from 700 feet AGL for
aircraft executing the GPS to RWY 03 at Tucumcari Municipal Airport.
The FAA has determined that this regulation only involves an
established body of technical regulations that need frequent and
routine amendments to keep them operationally current. It, therefore--
(1) is not a ``significant regulatory action'' under Executive Order
12866; (2) is not a ``significant rule'' under DOT Regulatory Policies
and Procedures (44 FR 110334; February 26, 1979); and (3) does not
warrant preparation of a regulatory evaluation as the anticipated
impact is so minimal. Since this is a routine matter that will only
affect air traffic procedures and air navigation, it is certified that
this rule will not have a significant economic impact on a substantial
number of small entities under the criteria of the Regulatory
Flexibility Act.
List of Subjects in 14 CFR Part 71
Airspace, Incorporation by reference, Navigation (air).
Adoption of the Amendment
In consideration of the foregoing, the Federal Aviation
Administration amends 14 CFR part 71 as follows:
PART 71--[AMENDED]
1. The authority citation for 14 CFR part 71 continues to read as
follows:
Authority: 49 U.S.C. 40103, 40113, 40120; E.O. 10854; 24 FR
9565, CFR, 1959-1963 Comp., p. 389; 49 U.S.C. 106(g); 14 CFR 11.69.
Sec. 71.1 [Amended]
2. The incorporation by reference in 14 CFR 71.1 of the Federal
Aviation Administration Order 7400.9C, Airspace Designations and
Reporting Points, dated August 17, 1995, and effective September 16,
1995, is amended as follows:
Paragraph 6005: Class E Airspace areas extending upward from 700
feet or more above the surface of the earth.
* * * * *
ASW NM E5 Tucumcari, NM [Revised]
Tucumcari Municipal Airport, NM
(lat. 35 deg.10'58'' N., long. 103 deg.36'12'' W.)
Tucumcari VORTAC
(lat. 35 deg.10'56'' N., long. 103 deg.35'55'' W.)
That airspace extending upward from 700 feet above the surface
within a 6.7-mile radius of Tucumcari Municipal Airport and within
2.4 miles each side of the 033 deg. radial of the Tucumcari VORTAC
extending from the 6.7-mile radius to 7.1 miles northeast of the
airport and within 2.4 miles each side of the 078 deg. radial of the
Tucumcari VORTAC extending from the 6.7-mile radius to 7.4 miles
east of the airport and within 1.9 miles each side of the 225 deg.
bearing from the airport extending from the 6.7-mile radius to 9
miles southwest of the airport.
* * * * *
Issued in Fort Worth, TX, on June 11, 1996.
Albert L. Viselli,
Acting Manager, Air Traffic Division, Southwest Region.
[FR Doc. 96-15645 Filed 6-18-96; 8:45 am]
BILLING CODE 4910-13-M
Complete official Federal Register PDF
FR Doc. 96-15644 Revision of Class E Airspace; Portales, NM
[Federal Register Volume 61, Number 119 (Wednesday, June 19, 1996)]
[Rules and Regulations]
[Pages 31014-31015]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-15644]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
14 CFR Part 71
[Airspace Docket No. 96-ASW-02]
Revision of Class E Airspace; Portales, NM
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This action revises the Class E airspace extending upward from
700 feet above ground level (AGL) at Portales, NM. The development of a
Global Positioning System (GPS) standard instrument approach procedure
(SIAP) to Runway (RWY) 01 at Portales Municipal Airport has made this
action necessary. This action is intended to provide adequate Class E
airspace to contain instrument flight rule (IFR) operations for
aircraft executing the GPS SIAP to RWY 01 at Portales Municipal
Airport, Portales, NM.
EFFECTIVE DATE: 0901 UTC, August 15, 1996.
FOR FURTHER INFORMATION CONTACT:
Donald J. Day, Operations Branch, Air Traffic Division, Southwest
Region, Federal Aviation Administration, Fort Worth, TX 76193-0530,
telephone: (817) 222-5593.
SUPPLEMENTARY INFORMATION:
History
On January 31, 1996, a proposal to amend part 71 of the Federal
Aviation Regulations (14 CFR part 71) to revise the Class E airspace at
Portales, NM, was published in the Federal Register (61 FR 3348). A GPS
SIAP to RWY 01 developed for Portales Municipal Airport, Portales, NM,
requires the revision of the Class E airspace at this airport. The
proposal was to revise the controlled airspace extending upward
[[Page 31015]]
from 700 feet AGL to contain IFR operations in controlled airspace
during portions of the terminal operation and while transitioning
between the enroute and terminal environments.
Interested parties were invited to participate in this rulemaking
proceeding by submitting written comments on the proposal to the FAA.
No comments to the proposals were received. However, the proposal was
published with an incorrect coordinate for the location of the Cannon
Air Force Base. The correct coordinates for the airport should have
been (Lat. 34 deg.22'58''N, long. 103 deg.19'20''W). The description of
the Class E airspace in this rule has been revised to reflect this
change. The FAA has determined that this change is editorial in nature
and will not increase the scope of this rule. Except for the non-
substantive change just discussed, the rule is adopted as proposed.
The coordinates for this airspace docket are based on North
American Datum 83. Class E airspace designations for airspace areas
extending upward from 700 feet or more AGL are published in Paragraph
6005 of FAA Order 7400.9C dated August 17, 1995, and effective
September 16, 1995, which is incorporated by reference in 14 CFR 71.1.
The Class E airspace designation listed in this document will be
published subsequently in the Order.
The Rule
This amendment to part 71 of the Federal Aviation Regulations (14
CFR part 71) revises the Class E airspace located at Portales Municipal
Airport, Portales, NM, to provide controlled airspace extending upward
from 700 feet AGL for aircraft executing the GPS SIAP to RWY 30.
The FAA has determined that this regulation only involves an
established body of technical regulations that need frequent and
routine amendments to keep them operationally current. It, therefore--
(1) is not a ``significant regulatory action'' under Executive Order
12866; (2) is not a ``significant rule'' under DOT Regulatory Policies
and Procedures (44 FR 11034; February 26, 1979); and (3) does not
warrant preparation of a regulatory evaluation as the anticipated
impact is so minimal. Since this is a routine matter that will only
affect air traffic procedures and air navigation, it is certified that
this rule will not have a significant economic impact on a substantial
number of small entities under the criteria of the Regulatory
Flexibility Act.
List of Subjects in 14 CFR Part 71
Airspace, Incorporation by reference, Navigation (air).
Adoption of the Amendment
In consideration of the foregoing, the Federal Aviation
Administration amends 14 CFR part 71 as follows:
PART 71--[AMENDED]
1. The authority citation for 14 CFR part 71 continues to read as
follows:
Authority: 49 U.S.C. 40103, 40113, 40120; E.O. 10854; 24 FR
9565, 3 CFR, 1959-1963 Comp., p. 389; 49 U.S.C. 106(g); 14 CFR
11.69.
Sec. 71.1 [Amended]
2. The incorporation by reference in 14 CFR 71.1 of the Federal
Aviation Administration Order 7400.9C, Airspace Designations and
Reporting Points, dated August 17, 1995, and effective September 16,
1995, is amended as follows:
Paragraph 6005: Class E Airspace areas extending upward from 700
feet or more above the surface of the earth.
* * * * *
ASW NM E5 Clovis, NM [Revised]
Clovis, Cannon AFB, NM
(lat. 34 deg.22'58''N., long. 103 deg.19'20''W.)
Portales Municipal Airport, NM
(lat. 34 deg.08'43''N., long. 103 deg.24'37''W.)
Texico VORTAC
(lat. 34 deg.29'42''N., long. 102 deg.50'23''W.)
That airspace extending upward from 700 feet above the surface
within a 20-mile radius of Cannon AFB and within an 8-mile radius of
Portales Municipal Airport and within 8 miles north and 4 miles
south of the 072 deg. radial of the Texico VORTAC extending from the
20-mile radius to 16 miles east of the VORTAC.
* * * * *
Issued in Fort Worth, TX, on June 11, 1996.
Albert L. Viselli,
Acting Manager, Air Traffic Division, Southwest Region.
[FR Doc. 96-15644 Filed 6-18-96; 8:45 am]
BILLING CODE 4910-13-M
Complete official Federal Register PDF
FR Doc. 96-15643 Revision of Class E Airspace; Truth or Consequences, NM
[Federal Register Volume 61, Number 119 (Wednesday, June 19, 1996)]
[Rules and Regulations]
[Pages 31015-31016]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-15643]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
14 CFR Part 71
[Airspace Docket No. 95-ASW-34]
Revision of Class E Airspace; Truth or Consequences, NM
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This action revises the Class E airspace extending upward from
700 feet above ground level (AGL) at Truth or Consequences, NM. The
development of a Global Positioning System (GPS) Standard Instrument
Approach Procedure (SIAP) to Runway (RWY) 31 at Truth or Consequences
Municipal Airport has made this action necessary. This action is
intended to provide adequate Class E airspace to contain instrument
flight rule (IFR) operations for aircraft executing the GPS SIAP to RWY
31 at Truth or Consequences Municipal Airport, Truth or Consequences,
NM.
EFFECTIVE DATE: 0901 UTC, August 15, 1996.
FOR FURTHER INFORMATION CONTACT:
Donald J. Day, Operations Branch, Air Traffic Division, Southwest
Region, Federal Aviation Administration, Fort Worth, TX 76193-0530,
telephone: 817-222-5593.
SUPPLEMENTARY INFORMATION:
History
On January 31, 1996, a proposal to amend part 71 of the Federal
Aviation Regulations (14 CFR part 71) to revise the Class E airspace at
Truth or Consequences, NM, was published in the Federal Register (61 FR
3350). A GPS SIAP to RWY 31 developed for Truth or Consequences
Municipal Airport, Truth or Consequences, NM, requires the revision of
the Class E airspace at this airport. The proposal was to revise the
controlled airspace extending upward from 700 feet AGL to contain IFR
operations in controlled airspace during portions of the terminal
operation and while transitioning between the enroute and terminal
environments.
Interested parties were invited to participate in this rulemaking
proceeding by submitting written comments on the proposal to the FAA.
No comments to the proposal were received. However, the proposal was
published with incorrect coordinates for the location of the Truth or
Consequences Municipal Airport. The correct coordinates for the airport
should have been (Lat. 33 deg.14'10''N, long. 107 deg.16'15''W). The
description of the Class E airspace in this rule has been revised to
reflect this change. The FAA has determined that this change is
editorial in nature and will not increase the scope of this rule.
Therefore, the rule is adopted as written.
The coordinates for this airspace docket are based on North
American Datum 83. Class E airspace designations for airspace areas
extending upward from 700 feet or more AGL are published in Paragraph
6005 of FAA Order 7400.9C dated August 17, 1995, and effective
September 16, 1995, which is incorporated by reference in 14 CFR 71.1.
The Class E airspace designation
[[Page 31016]]
listed in this document will be published subsequently in the Order.
The Rule
This amendment to part 71 of the Federal Aviation Regulations (14
CFR part 71) amends the Class E airspace located at Truth or
Consequences Municipal Airport, Truth or Consequences, NM, to provide
controlled airspace extending upward from 700 feet AGL for aircraft
executing the GPS SIAP to RWY 31.
The FAA has determined that this regulation only involves an
established body of technical regulations that need frequent and
routine amendments to keep them operationally current. It, therefore--
(1) Is not a ``significant regulatory action'' under Executive Order
12866; (2) is not a ``significant rule'' under DOT regulatory Policies
and Procedures (44 FR 11034; February 26, 1979); and (3) does not
warrant preparation of a regulatory evaluation as the anticipated
impact is so minimal. Since this is a routine matter that will only
affect air traffic procedures and air navigation, it is certified that
this rule will not have a significant economic impact on a substantial
number of small entities under the criteria of the Regulatory
Flexibility Act.
List of Subjects in 14 CFR Part 71
Airspace, Incorporation by reference, Navigation (air).
Adoption of the Amendment
In consideration of the foregoing, the Federal Aviation
Administration amends 14 CFR part 71 as follows:
PART 71--[AMENDED]
1. The authority citation for 14 CFR part 71 continues to read as
follows:
Authority: 49 U.S.C. 40103, 40113, 40120; E.O. 10854; 24 FR
9565, 3 CFR, 1959-1963 Comp., p. 389; 49 U.S.C. 106(g); 14 CFR
11.69.
Sec. 71.1 [Amended]
The incorporation by reference in 14 CFR 71.1 of the Federal
Aviation Administration Order 7400.9C, Airspace Designations and
Reporting Points, dated August 17, 1995, and effective September 16,
1995, is amended as follows:
Paragraph 6005: Class E Airspace areas extending upward from 700
feet or more above the surface of the earth.
* * * * *
ASW NM E5 Truth or Consequences, NM [Revised]
Truth or Consequences Municipal Airport, NM
(lat. 33 deg.14'10''N., long. 107 deg.16'15''W.)
Truth or Consequences VORTAC
(lat. 33 deg.16'57''N., long. 107 deg.16'50''W.)
That airspace extending upward from 700 feet above the surface
within a 6.7-mile radius of Truth or Consequences Municipal Airport
and within 1.4 miles each side of the 013 deg. radial of the Truth
or Consequences VORTAC extending from the 6.7-mile radius to 7.5
miles northeast of the airport and within 1.6 miles each side of the
145 deg. bearing from the airport extending from the 6.7-mile radius
to 8.4 miles southeast of the airport.
* * * * *
Issued in Fort Worth, TX, June 11, 1996.
Albert L. Viselli,
Acting Manager, Air Traffic Division, Southwest Region.
[FR Doc. 96-15643 Filed 6-18-96; 8:45 am]
BILLING CODE 4910-13-M
Complete official Federal Register PDF
FR Doc. 96-15642 Revision of Class E Airspace; Arkadelphia, AR
[Federal Register Volume 61, Number 119 (Wednesday, June 19, 1996)]
[Rules and Regulations]
[Pages 31016-31017]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-15642]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
14 CFR Part 71
[Airspace Docket No. 96-ASW-03]
Revision of Class E Airspace; Arkadelphia, AR
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This action revises the Class E airspace extending upward from
700 feet above ground level (AGL) at Arkadelphia, AR. The development
of a Global Positioning System (GPS) Standard Instrument Approach
Procedure (SIAP) to Runway (RWY) 04 at Arkadelphia Municipal Airport
has made this action necessary. This action is intended to provide
adequate Class E airspace to contain instrument flight rule (IFR)
operations for aircraft executing the GPS SIAP to RWY 04 at Arkadelphia
Municipal Airport, Arkadelphia, AR.
EFFECTIVE DATE: 0901 UTC, August 15, 1996.
FOR FURTHER INFORMATION CONTACT:
Donald J. Day, Operations Branch, Air Traffic Division, Southwest
Region, Federal Aviation Administration, Fort Worth, TX 76193-0530,
telephone 817-222-5593.
SUPPLEMENTARY INFORMATION:
History
On January 31, 1996, a proposal to amend part 71 of the Federal
Aviation Regulations (14 CFR part 71) to revise the Class E airspace at
Arkadelphia, AR, was published in the Federal Register (61 FR 3347). A
GPS SIAP to RWY 04 developed for Arkadelphia Municipal Airport,
Arkadelphia, AR, requires the revision of the Class E airspace at this
airport. The proposal was to revise the controlled airspace extending
upward from 700 feet AGL to contain IFR operations in controlled
airspace during positions of the terminal operation and while
transitioning between the enroute and terminal environments.
Interested parties were invited to participate in this rulemaking
proceeding by submitting written comments on the proposal to the FAA.
No comments to the proposal were received. Therefore, the rule is
adopted as proposed.
The coordinates for this airspace docket are based on North
American Datum 93. Class E airspace designations for airspaces areas
extending upward from 700 feet or more AGL are published in Paragraph
6005 of FAA Order 7400.9C dated August 17, 1995, and effective
September 16, 1996, which is incorporated by reference in 14 CFR 71.1.
The Class E airspace designation listed in this document will be
published subsequently in the Order.
The Rule
This amendment to part 71 of the Federal Aviation Regulations (14
CFR part 71) amends the Class E airspace located at Arkadelphia
Municipal Airport, Arkadelphia, AR, to provide controlled airspace
extending upward from 700 feet AGL for aircraft executing the GPS SIAP
to RWY 04.
The FAA has determined that this regulation only involves an
established body of technical regulations that need frequent and
routine amendments to keep them operationally current. It, therefore--
(1) is not a ``significant regulatory action'' under Executive order
12866; (2) is not a ``significant rule'' under DOT Regulatory Policies
and Procedures (44 FR 11034; February 26, 1979); and (3) does not
warrant preparation of a regulatory evaluation as the anticipated
impact is so minimal. Since this is a routine matter that will only
affect air traffic procedures and air navigation, it is certified that
this rule will not have a significant economic impact on a substantial
number of small entities under the criteria of the Regulatory
Flexibility Act.
List of Subjects in 14 CFR Part 71
Airspace, Incorporation by reference, Navigation (air).
Adoption of the Amendment
In consideration of the foregoing, the Federal Aviation
Administration amends 14 CFR part 71 as follows:
PART 71--[AMENDED]
1. The authority citation for 14 CFR part 71 continues to read as
follows:
Authority: 49 U.S.C. 40103, 40113, 40120; E.O. 10854; 24 FR
9565, 3 CFR, 1959-1963
[[Page 31017]]
Comp., p. 389; 49 U.S.C. 106(g); 14 CFR 11.69.
Sec. 71.1 [Amended]
2. The incorporation by reference in 14 CFR 71.1 of the Federal
Aviation Administration Order 7400.9C, Airspace Designations and
Reporting Points, dated August 17, 1995, and effective September 16,
1995, is amended as follows:
Paragraph 6005: Class E Airspace areas extending upward from 700
feet or more above the surface of the earth.
* * * * *
ASW AR E5 Arkadelphia, AR [Revised]
Arkadelphia Municipal Airport, AR
(lat. 35 deg.05'59'' N., long. 93 deg.03'58'' W.)
Arkadelphia RBN
(lat. 34 deg.03'19'' N., long. 93 deg.06'18'' W.)
That airspace extending upward from 700 feet above the surface
within a 6.6-mile radius of Arkadelphia Municipal Airport and within
2.6 miles each side of the 222 deg. bearing from the Arkadelphia RBN
extending from the 6.6-mile radius to 10.7 miles southwest of the
airport.
* * * * *
Issued in Fort Worth, TX, on June 11, 1996.
Albert L. Viselli,
Acting Manager, Air Traffic Division, Southwest Region.
[FR Doc. 96-15642 Filed 6-18-96; 8:45 am]
BILLING CODE 4910-13-M
Complete official Federal Register PDF
FR Doc. 96-15641 Revocation of Class E Airspace; Johnson City, TX
[Federal Register Volume 61, Number 119 (Wednesday, June 19, 1996)]
[Rules and Regulations]
[Pages 31019-31020]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-15641]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
14 CFR Part 71
[Airspace Docket No. 96-ASW-14]
Revocation of Class E Airspace; Johnson City, TX
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule; request for comments.
-----------------------------------------------------------------------
SUMMARY: This action revokes the Class E airspace at Johnson City, TX.
This revocation of Class E airspace results from the decommissioning of
the standard instrument approach procedures (SIAP's) at Johnson City
Airport, Johnson City, TX. This action is intended to revoke the Class
E airspace at Johnson City, TX, that was previously needed to protect
aircraft operating under instrument flight rules (IFR) at Johnson City
Airport.
DATES: Effective date. 0901 UTC, July 5, 1996.
Comment date. Comments must be received on or before August 19,
1996.
ADDRESSES: Send comments on the rule in triplicate to Manager,
Operations Branch, Air Traffic Division, Federal Aviation
Administration, Southwest Region, Docket No. 96-ASW-14, Fort Worth, TX
76193-0530.
The official docket may be examined in the Office of the Assistant
Chief Counsel, Federal Aviation Administration, Southwest Region, 2601
Meacham Boulevard, Room 663, Fort Worth, TX, between 9:00 a.m. and 3:00
p.m., Monday through Friday, except Federal holidays. An informal
docket may also be examined during normal business hours at the
Operations Branch, Air Traffic Division, Federal Aviation
Administration, Southwest Region, Room 414, Fort Worth, TX.
FOR FURTHER INFORMATION CONTACT:
Donald J. Day, Operations Branch, Air Traffic Division, Southwest
Region, Federal Aviation Administration, Fort Worth, TX 76193-0530,
Telephone: 817-222-5593.
SUPPLEMENTARY INFORMATION:
Request for Comments on the Rule
Although this action is a final rule, which involves the revocation
of Class E airspace at Johnson City, TX, and was not preceded by notice
and public procedure, comments are invited on the rule. However, after
the review of any comments and, if the FAA finds that further changes
are appropriate, it will initiate rulemaking proceedings to extend the
effective date or to amend the regulation.
Interested parties are invited to participate in this rulemaking
proceeding by submitting written comments on the proposal to the FAA.
Comments that provide the factual basis supporting the views and
suggestions presented are particularly helpful in evaluating the
effects of the rule, and in determining whether additional rulemaking
is required.
Class E airspace designations are published in Paragraph 6005 of
FAA Order 7400.9C dated August 17, 1995, and effective September 16,
1995, which is incorporated by reference in 14 CFR 71.1. The Class E
airspace designation listed in this document will be published
subsequently in the Order.
The Rule
This amendment to part 71 of the Federal Aviation Regulations (14
CFR part 71) revokes the Class E airspace providing controlled airspace
for IFR operations at Johnson City Airport, Johnson City, TX. The
current Class E airspace description includes airspace to protect
aircraft operating under IFR at the airport. The SIAP to Johnson City
Airport was decommissioned, and there is no longer a published IFR
approach to that airport. Therefore, Class E airspace is no longer
needed.
Since this action merely revokes Class E airspace as a result of
the elimination of IFR approach and departure requirements at Johnson
City Airport, notice and public procedure under 5 U.S.C. 553(b) are
unnecessary. The Class E airspace must be revoked to avoid
[[Page 31020]]
confusion on the part of the pilots flying in the vicinity of the
airport, and to promote the safe and efficient handling of air traffic
in the area.
Therefore, we find that notice and public procedure under 5 U.S.C.
553(d) are unnecessary and good cause exists for making this amendment
effective in less than thirty days.
The FAA has determined that this regulation only involves an
established body of technical regulations that need frequent and
routine amendments to keep them operationally current. It, therefore--
(1) is not a ``significant regulatory action'' under Executive Order
12866; (2) is not a ``significant rule'' under DOT Regulatory Policies
and Procedures (44 FR 11034; February 26, 1979); and (3) does not
warrant preparation of a regulatory evaluation as the anticipated
impact is so minimal. Since this is a routine matter that will only
affect air traffic procedures and air navigation, it is certified that
this rule will not have a significant economic impact on a substantial
number of small entities under the criteria of the Regulatory
Flexibility Act.
List of Subjects in 14 CFR Part 71
Airspace, Incorporation by reference, Navigation (air).
Adoption of the Amendment
In consideration of the foregoing, the Federal Aviation
Administration amends 14 CFR part 71 as follows:
PART 71--[AMENDED]
1. The authority citation for 14 CFR part 71 continues to read as
follows:
Authority: 49 U.S.C. 40103, 40113, 40120; E.O. 10854; 24 FR
9565, 3 CFR, 1959-1963 Comp., p. 389; 49 U.S.C. 106(g); 14 CFR
11.69.
Sec. 71.1 [Amended]
2. The incorporation by reference in 14 CFR 71.1 of the Federal
Aviation Administration Order 7400.9C, Airspace Designations and
Reporting Points, dated August 17, 1995, and effective September 16,
1995, is amended as follows:
Paragraph 6005 Class E airspace areas from 700 feet or more above
the surface of the earth.
* * * * *
ASW TX E5 Johnson City, TX [Revoked]
* * * * *
Issued in Fort Worth, TX, on June 11, 1996.
Albert L. Viselli,
Acting Manager, Air Traffic Division, South.
[FR Doc. 96-15641 Filed 6-18-96; 8:45 am]
BILLING CODE 4910-13-M
Complete official Federal Register PDF
FR Doc. 96-15638 Revision of Class E Airspace; Burns Flat, OK
[Federal Register Volume 61, Number 119 (Wednesday, June 19, 1996)]
[Rules and Regulations]
[Page 31017]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-15638]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
14 CFR Part 71
[Airspace Docket No. 95-ASW-36]
Revision of Class E Airspace; Burns Flat, OK
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This action revises the Class E airspace extending upward from
700 feet above ground level (AGL) at Burns Flat, OK. The development of
a Global Positioning System (GPS) standard instrument approach
procedure (SIAP) to Runway (RWY) 17 at Clinton-Sherman Municipal
Airport has made this action necessary This action is intended to
provide adequate Class E airspace to contain instrument flight rule
(IFR) operations for aircraft executing the GPS SIAP to RWY 17 at
Clinton-Sherman Airport, Burns Flat, OK.
EFFECTIVE DATE: 0901 UTC, August 15, 1996.
FOR FURTHER INFORMATION CONTACT: Donald J. Day, Operations Branch, Air
Traffic Division, Southwest Region, Federal Aviation Administration,
Fort Worth, TX 76193-0530, telephone: (817) 222-5593.
SUPPLEMENTARY INFORMATION:
History
On January 31, 1996, a proposal to amend part 71 of the Federal
Aviation Regulations (14 CFR part 71) to revise the Class E airspace at
Burns Flat, OK, was published in the Federal Register (61 FR 3353). A
GPS SIAP to RWY 17 developed for Clinton-Sherman Airport, Burns Flat,
OK, requires the revision of Class E airspace at this airport. The
proposal was to establish controlled airspace extending upward from 700
feet AGL to contain IFR operations in controlled airspace during
portions of the terminal operation and while transitioning between the
enroute and terminal environments.
Interested parties were invited to participate in this rulemaking
proceeding by submitting written comments on the proposal to the FAA.
No comments to the proposal were received. Therefore, the rule is
adopted as proposed.
The coordinates for this airspace docket are based on North
American Datum 83. Class E airspace designations for airspace areas
extending upward from 700 feet or more AGL are published in Paragraph
6005 of FAA Order 7400.9C dated August 17, 1995, and effective
September 16, 1995, which is incorporated by reference in 14 CFR 71.1.
The Class E airspace designation listed in this document will be
published subsequently in the Order.
The Rule
This amendment to part 71 of the Federal Aviation Regulations (14
CFR part 71) revises the Class E airspace located at Burns Flat, OK, to
provide controlled airspace extending upward from 700 feet AGL for
aircraft executing the GPS SIAP to RWY 17 at Clinton-Sherman Airport.
The FAA has determined that this regulation only involves an
established body of technical regulations that need frequent and
routine amendments to keep them operationally current. It, therefore--
(1) is not a ``significant regulatory action'' under Executive Order
12866; (2) is not a ``significant rule'' under DOT Regulatory Policies
and Procedures (44 FR 11034; February 26, 1979); and (3) does not
warrant preparation of a regulatory evaluation as the anticipated
impact is so minimal. Since this is a routine matter that will only
affect air traffic procedures and air navigation, it is certified that
this rule will not have a significant economic impact on a substantial
number of small entities under the criteria of the Regulatory
Flexibility Act.
List of Subjects in 14 CFR Part 71
Airspace, Incorporation by reference, Navigation (air).
Adoption of the Amendment
In consideration of the foregoing, the Federal Aviation
Administration amends 14 CFR part 71 as follows:
PART 71--[AMENDED]
1. The authority citation for 14 CFR part 71 continues to read as
follows:
Authority: 49 U.S.C. 40103, 40113, 40120; E.O. 10854; 24 FR
9565, 3 CFR, 1959-1963 Comp., p. 389; 49 U.S.C. 106(g); 14 CFR
11.69.
Sec. 71.1 [Amended]
2. The incorporation by reference in 14 CFR 71.1 of the Federal
Aviation Administration Order 7400.9C, Airsapce Designations and
Reporting Points, dated August 17, 1995, and effective September 16,
1995, is amended as follows:
Paragraph 6005: Class E Airspace areas extending upward from 700
feet or more above the surface of the earth.
* * * * *
ASW OK E5 Burns Flat, OK [Revised]
Clinton-Sherman Airport, OK
(lat. 35 deg.20'23'' N., long. 99 deg.12'02'' W.)
Burns Flat VORTAC
(lat. 35 deg.14'13'' N., long. 99 deg.12'22'' W.)
That airspace extending upward from 700 feet above the surface
within a 8.2-mile radius of Clinton-Sherman Airport and within 8
miles west and 4 miles east of the 183 deg. radial of the Burns Flat
VORTAC from the 8.2-mile radius to 22.3 miles south of the airport
and within 1.8 miles each side of the 360 deg. bearing from the
airport extending from the 8.2-mile radius to 10 miles north of the
airport; excluding that airspace within the Elk City, OK, and the
Hobart, OK, Class E airspace areas.
* * * * *
Issued in Forth Worth, TX, on June 11, 1996.
Albert L. Viselli,
Acting Manager, Air Traffic Division, Southwest Region.
[FR Doc. 96-15638 Filed 6-18-96; 8:45 am]
BILLING CODE 4910-13-M
Complete official Federal Register PDF
FR Doc. 96-15637 Alteration of V-268
[Federal Register Volume 61, Number 119 (Wednesday, June 19, 1996)]
[Rules and Regulations]
[Pages 31020-31021]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-15637]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
14 CFR Part 71
[Airspace Docket No. 95-ANE-22]
Alteration of V-268
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This rule extends Federal Airway V-268 from the BURDY
intersection in Rhode Island to the Augusta, ME, Very High Frequency
Omnidirectional Range (VOR). This action simplifes air traffic
procedures and enhances air traffic service. In addition, the airspace
designation included a reference to Restricted Area 4001 (R-4001),
which is corrected to R-4001B.
EFFECTIVE DATE: 0901 UTC, August 15, 1996.
FOR FURTHER INFORMATION CONTACT: Patricia P. Crawford, Airspace and
Rules Division, ATA-400, Office of Air Traffic Airspace Management,
Federal Aviation Administration, 800 Independence Avenue, SW.,
Washington, DC 20591; telephone: (202) 267-8783.
SUPPLEMENTARY INFORMATION:
History
On October 5, 1995, the FAA proposed to amend Title 14 of the Code
of Federal Regulations part 71 (14 CFR part 71) to extend V-268 (60 FR
52134). Interested parties were invited to participate in this
rulemaking proceeding by submitting written comments on the proposal to
the FAA. No comments objecting to the proposal were received. Except
for editorial changes, this amendment is the same as that proposed in
the notice. Domestic VOR Federal airways are published in paragraph
6010(a) of FAA Order 7400.9C dated August 17, 1995, and effective
September 16, 1995, which is incorporated by reference in 14 CFR 71.1.
The airway listed in this document will be published subsequently in
the Order.
The Rule
This amendment to 14 CFR part 71 extends V-268 from the BURDY
intersection in Rhode Island to the Augusta, ME, VOR. Extending V-268
will provide a transition route to support the approach at the Portland
International Jetport Airport, ME, thereby, simplifying air traffic
procedures and enhancing air traffic service. In addition, the airspace
designation included a reference to R-4001, which is corrected to R-
4001B.
The FAA has determined that this regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
It, therefore--(1) is not a ``significant regulatory action'' under
Executive Order 12866; (2) is not a ``significant rule'' under DOT
Regulatory Policies and Procedures (44 FR 11034; February 26, 1979);
and (3) does not warrant preparation of a regulatory evaluation as the
anticipated impact is so minimal. Since this is a routine matter that
will only affect air traffic procedures and air navigation, it is
certified that this rule will not have a significant economic impact on
a substantial number of small entities under the criteria of the
Regulatory Flexibility Act.
List of Subjects in 14 CFR Part 71
Airspace, Incorporation by reference, Navigation (air).
Adoption of the Amendment
In consideration of the foregoing, the Federal Aviation
Administration amends 14 CFR part 71 as follows:
PART 71--[AMENDED]
1. The authority citation for part 71 continues to read as follows:
Authority: 49 U.S.C. 106(g), 40103, 40113, 40120; E.O. 10854, 24
FR 9565, 3 CFR, 1959-1963 Comp., p. 389; 14 CFR 11.69.
Sec. 71.1 [Amended]
2. The incorporation by reference in 14 CFR 71.1 of the Federal
Aviation Administration Order 7400.9C, Airspace Designations and
Reporting Points, dated August 17, 1995, and effective September 16,
1995, is amended as follows:
Paragraph 6010(a)--Domestic VOR Federal Airways
* * * * *
V-268 [Revised]
From INT Morgantown, WV, 010 deg. and Johnstown, PA, 260 deg.
radials; Indian Head, PA; Hagerstown, MD; Westminster, MD;
Baltimore, MD; INT Baltimore 093 deg. and Smyrna, DE, 262 deg.
radials; Smyrna; INT Smyrna 086 deg. and Sea Isle, NJ, 050 deg.
radials; INT Sea Isle 050 deg. and Hampton, NY, 223 deg. radials;
Hampton; Sandy Point, RI; to INT Sandy Point 031 deg. and Kennebunk,
ME, 180 deg. radials; INT Kennebunk 180 deg. and Boston, MA,
032 deg. radials; INT Boston 032 deg. and Augusta, ME, 195 deg.
radials; to Augusta. The airspace within R-4001B and the airspace
below 2,000 feet MSL outside the United States is excluded.
* * * * *
[[Page 31021]]
Issued in Washington, DC, on June 12, 1996.
Harold W. Becker,
Acting Program Director for Air Traffic, Airspace Management.
[FR Doc. 96-15637 Filed 6-18-96; 8:45 am]
BILLING CODE 4910-13-P
Complete official Federal Register PDF
FR Doc. 96-15636 Revision of Class E Airspace; Alice, TX
[Federal Register Volume 61, Number 119 (Wednesday, June 19, 1996)]
[Rules and Regulations]
[Pages 31017-31018]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-15636]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
14 CFR Part 71
[Airspace Docket No. 95-ASW-35]
Revision of Class E Airspace; Alice, TX
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This action revises the Class E airspace extending upward from
700 feet above ground level (AGL) at Alice,
[[Page 31018]]
TX. The development of a Global Positioning System (GPS) standard
instrument approach procedure (SIAP) to Runway (RWY) 31 at Alice
International Airport has made this action necessary. This action is
intended to provide adequate Class E airspace to contain instrument
flight rule (IFR) operations for aircraft executing the GPS SIAP to RWY
31 at Alice International Airport, Alice, TX.
EFFECTIVE DATE: 0901 UTC, August 15, 1996.
FOR FURTHER INFORMATION CONTACT: Donald J. Day, Operations Branch, Air
Traffic Division, Southwest Region, Federal Aviation Administration,
Fort Worth, TX 76193-0530, telephone: (817) 222-5593.
SUPPLEMENTARY INFORMATION:
History
On January 31, 1996, a proposal to amend part 71 of the Federal
Aviation Regulations (14 CFR part 71) to revise the Class E airspace at
Alice, TX, was published in the Federal Register (61 FR 3355). A GPS
SIAP to RWY 31 developed for Alice International Airport, Alice, TX,
requires the revision of Class E airspace at this airport. The proposal
was to establish controlled airspace extending upward from 700 feet AGL
to contain IFR operations in controlled airspace during portions of the
terminal operation and while transitioning between the en route and
terminal environments.
Interested parties were invited to participate in this rulemaking
proceeding by submitting written comments on the proposal to the FAA.
No comments to the proposal were received. However, the proposal was
published with an incorrect description of the extension of Class E
airspace within 2 miles each side of the 135 deg. bearing from Alice
International Airport extending from the 7 mile radius to 9.8 miles
southeast of the airport. This extension should have been written as
extending from the 7.5-mile radius to 9.8 miles southeast of the
airport. The FAA has determined that this change is editorial in nature
and will not increase the scope of the rule.
Therefore, except for this non-substantive change, the rule is
adopted as written.
The coordinates for this airspace docket are based on North
American Datum 83. Class E airspace designations for airspace areas
extending upward from 700 feet or more AGL are published in Paragraph
6005 of FAA Order 7400.9C dated August 17, 1995, and effective
September 16, 1995, which is incorporated by reference in 14 CFR 71.1.
The Class E airspace designation listed in this document will be
published subsequently in the Order.
The Rule
This amendment to part 71 of the Federal Aviation Regulations (14
CFR part 71) revises the Class E airspace located at Alice, TX, to
provide controlled airspace extending upward from 700 feet AGL for
aircraft executing the GPS SIAP to RWY 31 at Alice International
Airport.
The FAA has determined that this regulation only involves an
established body of technical regulations that need frequent and
routine amendments to keep them operationally current. It, therefore)--
(1) is not a ``significant regulatory action'' under Executive Order
12866; (2) is not a significant rule'' under DOT Regulatory Policies
and Procedures (44 FR 11034; February 26, 1979); and (3) does not
warrant preparation of a regulatory evaluation as the anticipated
impact is so minimal. Since this is a routine matter that will only
affect air traffic procedures and air navigation, it is certified that
this rule will not have a significant economic impact on a substantial
number of small entities under the criteria of the Regulatory
Flexibility Act.
List of Subjects in 14 CFR Part 71
Airspace, Incorporation by reference Navigation (air).
Adoption of the Amendment
In consideration of the foregoing, the Federal Aviation
Administration amends 14 CFR part 71 as follows:
PART 71--[AMENDED]
1. The authority citation for 14 CFR part 71 continues to read as
follows:
Authority: 49 U.S.C. 40103, 40113, 40120; E.O. 10854; 24 FR
9565, 3 CFR, 1959-1963 Comp., p. 389; 49 U.S.C. 106(g); 14 CFR
11.69.
Sec. 71.1 [Amended]
2. The incorporation by reference in 14 CFR 71.1 of the Federal
Aviation Administration Order 7400.9C, Airspace Designations and
Reporting Points, dated August 17, 1995, and effective September 16,
1995, is amended as follows:
Paragraph 6005: Class E Airspace areas extending upward from 700
feet or more above the surface of the earth.
* * * * *
ASW TX E5 Alice, TX [Revised]
Alice International Airport, TX
(lat. 27 deg.44'27''N., long. 98 deg.01'38''W.)
range Grove NALF, TX
(lat. 27 deg.54'04''N., long. 98 deg.03'06''W.)
Navy Orange Grove TACAN
(lat. 27 deg.53'43''N., long. 98 deg.02'33''W.)
Kingsville, Kleberg County Airport, TX
(lat. 27 deg.33'03''N., long. 98 deg.01'51''W.)
That airspace extending upward from 700 feet above the surface
within a 7.5-mile radius of Alice International Airport and within 2
miles each side of the 135 deg. bearing from Alice International
Airport extending from the 7.5-mile radius to 9.8 miles southeast of
the airport and within a 7.2-mile radius of Orange Grove NALF and
within 1.6 miles each side of the 129 deg. radial of the Navy Orange
Grove TACAN extending from the 7.2-mile radius to 11.7 miles
southeast of the airport and within 1.5 miles each side of the
320 deg. radial of the Navy Orange Grove TACAN extending from the
7.2-mile radius to 9.7 miles northwest of the airport and within a
6.5-mile radius of Kleberg County Airport.
* * * * *
Issued in Fort Worth, TX, on June 11, 1996.
Albert L. Viselli,
Acting Manager, Air Traffic Division, Southwest Region.
[FR Doc. 96-15636 Filed 6-18-96; 8:45 am]
BILLING CODE 4910-13-M
Complete official Federal Register PDF
FR Doc. 96-15635 Subdivision of Restricted Areas R-2104A and R-2104C, Huntsville, AL
[Federal Register Volume 61, Number 119 (Wednesday, June 19, 1996)]
[Rules and Regulations]
[Pages 31021-31022]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-15635]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
14 CFR Part 73
[Airspace Docket No. 96-ASO-4]
Subdivision of Restricted Areas R-2104A and R-2104C, Huntsville,
AL
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This action subdivides Restricted Areas 2104A (R-2104A) and R-
2104C, Huntsville, AL, into two areas to permit more efficient use of
the airspace. Specifically, the altitudes of subareas R-2104A and R-
2104C, are redesignated from the current ``surface to FL 300'' to
``surface to 12,000 feet mean sea level (MSL).'' Additionally, the
remaining restricted airspace, from 12,000 feet MSL to FL 300, is
redefined as subareas R-2104D and R-2104E. No new restricted airspace
is established by this amendment and the existing subarea R-2104B is
not affected by this action.
EFFECTIVE DATE: 0901 UTC, August 15, 1996.
FOR FURTHER INFORMATION CONTACT: Paul Gallant, Airspace and Rules
Division, ATA-400, Office of Air Traffic Airspace Management, Federal
Aviation Administration, 800 Independence Avenue, SW., Washington, DC
20591; telephone: (202) 267-8783.
SUPPLEMENTARY INFORMATION:
The Rule
This amendment to 14 CFR part 73 subdivides R-2104A and R-2104C,
Huntsville, AL, to enable more efficient utilization of airspace.
Currently, R-2104A and R-2104C extend from the surface to Flight Level
300 (FL 300). The using agency frequently conducts activities within R-
2104A and R-2104C which require restricted airspace only up to 12,000
feet MSL. However, due to the current configuration of the areas,
airspace is actually restricted up to FL 300 whenever R-2104A and/or R-
2104C are activated. This unnecessarily limits public access to a
portion of the airspace. This amendment subdivides R-2104A and R-2104C
by redesignating their altitudes to extend from the surface to 12,000
feet MSL, and by redefining the remaining restricted airspace, between
12,000 feet MSL and FL 300, as new subareas R-2104D and R-2104E. The
time of designation for subareas R-2104D and R-2104E is ``By Notice to
Airmen (NOTAM) 6 hours in advance. This amendment enables the using
agency to accomplish its mission while improving the capability to
activate only the minimum amount of restricted airspace necessary for
that mission. No additional restricted airspace is designated by this
action. Further, the existing R-2104B is not affected by this
amendment. This action involves the further subdivision of existing
restricted areas and enhances efficient airspace utilization.
Therefore, I find that notice and public procedure under 5 U.S.C.
553(b) are unnecessary since this action is a minor amendment in which
the public would not be particularly interested. The coordinates for
this airspace docket are based on North American Datum 83. Section
73.21 of part 73 of the Federal Aviation Regulations was republished in
FAA Order 7400.8C dated June 19, 1995.
The FAA has determined that this regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
It, therefore--(1) is not a ``significant regulatory action'' under
Executive Order 12866; (2) is not a ``significant rule'' under DOT
Regulatory Policies and Procedures (44 FR 11034; February 26, 1979);
and (3) does not warrant preparation of a regulatory evaluation as the
anticipated impact is so minimal. Since this is a routine matter that
will only affect air traffic procedures and air navigation, it is
certified that this rule will not have a significant economic impact on
a substantial number of small entities under the criteria of the
Regulatory Flexibility Act.
Environmental Review
This action further subdivides existing restricted airspace to
permit more efficient airspace utilization. There are no changes to air
traffic control procedures or routes as a result of this action.
Therefore, this action is not subject to environmental assessments and
procedures under FAA Order 1050.1D, ``Policies and Procedures for
Considering Environmental Impacts,'' and the National Environmental
Policy Act.
List of Subjects in 14 CFR Part 73
Airspace, Navigation (air).
Adoption of the Amendment
In consideration of the foregoing, the Federal Aviation
Administration amends 14 CFR part 73 as follows:
PART 73--[AMENDED]
1. The authority citation for part 73 continues to read as follows:
Authority: 49 U.S.C. 106(g), 40103, 40113, 40120; E.O. 10854, 24
FR 9565, 3 CFR, 1959-1963 Comp., p. 389; 14 CFR 11.69.
Sec. 73.21 [Amended]
2. Section 73.21 is amended as follows:
R-2104A Huntsville, AL [Amended]
By removing the current ``Designated altitudes. Surface to FL 300''
and substituting the following:
``Designated altitudes. Surface to 12,000 feet MSL.''
R-2104C Huntsville, AL [Amended]
By removing the current ``Designated altitudes. Surface to FL 300''
and substituting the following:
``Designated altitudes. Surface to 12,000 feet MSL.''
R-2104D Huntsville, AL [New]
Boundaries. Beginning at lat. 34 deg.38'40'' N., long.
86 deg.43'00'' W.; to lat. 34 deg.38'40'' N., long. 86 deg.41'00'' W.;
to lat. 34 deg.38'00'' N., long. 86 deg.40'53'' W.; to lat.
34 deg.37'35'' N., long. 86 deg.37'40'' W.; to lat. 34 deg.37'00'' N.,
long. 86 deg.37'00'' W.; to lat. 34 deg.36'27'' N., long.
86 deg.36'38'' W.; to lat. 34 deg.34'50'' N., long. 86 deg.36'38'' W.;
thence west along the Tennessee River to lat. 34 deg.35'02'' N., long.
86 deg.43'25'' W.; to lat. 34 deg.37'19'' N., long. 86 deg.43'20'' W.;
to lat. 34 deg.37'19'' N., long. 86 deg.43'05'' W.; thence to the point
of beginning.
Designated altitudes. 12,000 feet MSL to FL 300.
Time of designation. By NOTAM 6 hours in advance.
Controlling agency. FAA, Memphis ARTCC.
Using agency. Commanding General, U.S. Army Missile Command,
Redstone Arsenal, AL.
R-2104E Huntsville, AL [New]
Boundaries. Beginning at lat. 34 deg.41'25'' N., long.
86 deg.42'57'' W.; to lat. 34 deg.42'00'' N., long. 86 deg.41'35'' W.;
to lat. 34 deg.38'40'' N., long. 86 deg.41'00'' W.; to lat.
34 deg.38'40'' N., long. 86 deg.43'00'' W.; thence to the point of
beginning.
Designated altitudes. 12,000 feet MSL to FL 300.
Time of designation. By NOTAM 6 hours in advance.
Controlling agency. FAA, Memphis ARTCC.
Using agency. Commanding General, U.S. Army Missile Command,
Redstone Arsenal, AL.
[[Page 31022]]
Issued in Washington, DC, on June 11, 1996.
Harold W. Becker,
Acting Program Director for Air Traffic Airspace Management.
[FR Doc. 96-15635 Filed 6-18-96; 8:45 am]
BILLING CODE 4910-13-P
Complete official Federal Register PDF
FR Doc. 96-15634 Change in Using Agency for Restricted Area R-2905A and R-2905B, Tyndall AFB, FL
[Federal Register Volume 61, Number 119 (Wednesday, June 19, 1996)]
[Rules and Regulations]
[Page 31022]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-15634]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
14 CFR Part 73
[Airspace Docket No. 96-ASO-8]
Change in Using Agency for Restricted Area R-2905A and R-2905B,
Tyndall AFB, FL
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This action changes the using agency for Restricted Area 2905A
(R-2905A) and R-2905B, Tyndall Air Force Base (AFB), FL, from ``Air
Defense Weapons Center, Tyndall AFB, FL'' to ``325 Fighter Wing (FW),
Tyndall AFB, FL.''
EFFECTIVE DATE: 0901 UTC, August 15, 1996.
FOR FURTHER INFORMATION CONTACT: Paul Gallant, Airspace and Rules
Division, ATA-400, Office of Air Traffic Airspace Management, Federal
Aviation Administration, 800 Independence Avenue, SW., Washington, DC
20591; telephone: (202) 267-8783.
SUPPLEMENTARY INFORMATION:
The Rule
This amendment to 14 CFR part 73 changes the using agency for R-
2905A and R-2905B, Tyndall AFB, FL, from ``Air Defense Weapons Center,
Tyndall AFB, FL'' to ``325 FW, Tyndall AFB, FL.'' This is an
administrative change to reflect a reorganization of responsibilities
within the United States Air Force. There are no changes to the
boundaries, designated altitudes, times of designation, or activities
conducted within the affected restricted areas. Because this action is
a minor technical amendment in which the public would not be
particularly interested, I find that notice and public procedure under
5 U.S.C. 553(b) are unnecessary. Section 73.29 of part 73 of the
Federal Aviation Regulations was republished in FAA Order 7400.8C dated
June 29, 1995.
The FAA has determined that this regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
It, therefore--(1) is not a ``significant regulatory action'' under
Executive Order 12866; (2) is not a ``significant rule'' under DOT
Regulatory Policies and Procedures (44 FR 11034; February 26, 1979);
and (3) does not warrant preparation of a regulatory evaluation as the
anticipated impact is so minimal. Since this is a routine matter that
will only affect air traffic procedures and air navigation, it is
certified that this rule will not have a significant economic impact on
a substantial number of small entities under the criteria of the
Regulatory Flexibility Act.
Environmental Review
This action changes the using agency of the affected restricted
areas. There are no changes to the boundaries, designated altitudes,
times of designation, or activities conducted within these restricted
areas. Further, this action will not require any changes to existing
air traffic procedures. Accordingly, this action is not subject to
environmental assessments and procedures as set forth in FAA Order
1050.1D, ``Policies and Procedures for Considering Environmental
Impacts.''
List of Subjects in 14 CFR Part 73
Airspace, Navigation (air).
Adoption of the Amendment
In consideration of the foregoing, the Federal Aviation
Administration amends 14 CFR part 73 as follows:
PART 73--[AMENDED]
1. The authority citation for part 73 continues to read as follows:
Authority: 49 U.S.C. 106(g), 40103, 40113, 40120; E.O. 10854, 24
FR 9565, 3 CFR, 1959-1963 Comp., p. 389; 14 CFR 11.69.
Sec. 73.29 [Amended]
2. R-2905A Tyndall AFB, FL [Amended]
By removing ``Using agency. Air Defense Weapons Center, Tyndall
AFB, FL'' and substituting the following:
``Using agency. 325 FW, Tyndall AFB, FL.''
3. R-2905B Tyndall AFB, FL [Amended]
By removing ``Using agency. Air Defense Weapons Center, Tyndall
AFB, FL'' and substituting the following:
``Using agency. 325 FW, Tyndall AFB, FL.''
Issued in Washington, DC, on June 11, 1996.
Harold W. Becker,
Acting Program Director for Air Traffic, Airspace Management.
[FR Doc. 96-15634 Filed 6-18-96; 8:45 am]
BILLING CODE 4910-13-P
Complete official Federal Register PDF
FR Doc. 96-15630 Establishment of Class E Airspace; Mitchellville, MD
[Federal Register Volume 61, Number 119 (Wednesday, June 19, 1996)]
[Rules and Regulations]
[Pages 31018-31019]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-15630]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
14 CFR Part 71
[Airspace Docket No. 96-AEA-04]
Establishment of Class E Airspace; Mitchellville, MD
AGENCY: Federal Aviation Administration (FAA) DOT.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This action establishes Class E airspace at Freeway Airport,
Mitchellville, MD. The development of a Very High Frequency Omni-
Directional Range (VOR) Standard Instrument Approach Procedure (SIAP)
to Runway (RWY) 36 at Freeway Airport has made this action necessary.
The intended effect of this action is to provide adequate controlled
airspace for Instrument Flight Rules (IFR) operations at Freeway
Airport.
EFFECTIVE DATE: 0901 UTC, August 15, 1996.
FOR FURTHER INFORMATION CONTACT:
Mr. Frances T. Jordan, Airspace Specialist, Operations Branch, AEA-530,
Air Traffic Division, Eastern Region, Federal Aviation Administration,
Federal Building #111, John F. Kennedy International Airport, Jamaica,
New York 11430, telephone: (718) 553-4521.
SUPPLEMENTARY INFORMATION:
History
On April 30, 1996, the FAA proposed to amend Part 71 of the Federal
Aviation Regulations (14 CFR Part 71) by
[[Page 31019]]
establishing a Class E airspace area at Freeway Airport, Mitchellville,
MD (61 FR 18999). The development of a VOR SIAP at Freeway Airport has
made this action necessary.
Interested parties were invited to participate in this rulemaking
proceeding by submitting written comments on the proposal to the FAA.
No comments objecting to the proposal were received. Class E airspace
areas designations are published in paragraph 6005 of FAA Order
7400.9C, dated August 17, 1995, and effective September 16, 1995, which
is incorporated by reference in 14 CFR 71.1. The Class E airspace
designation listed in this document will be published subsequently in
the Order.
The Rule
This amendment to Part 71 of the Federal Aviation Regulations (14
CFR Part 71) establishes a Class E airspace area at Mitchellville, MD.
The development of a VOR SIAP at Freeway Airport has made this action
necessary. The intended effect of this action is to provide adequate
Class E airspace for aircraft executing the VOR RWY 36 SIAP at the
airport.
The FAA has determined that this regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
Therefore, this regulation--(1) is not a ``significant regulatory
action'' under Executive Order 12866; (2) is not a ``significant rule''
under DOT Regulatory Policies and Procedures (44 FR 10034; February 26,
1979); and (3) does not warrant preparation of a regulatory evaluation
as the anticipated impact is so minimal. Since this is a routine matter
that will only affect air traffic procedures and air navigation, it is
certified that this rule will not have significant economic impact on a
substantial number of small entities under the criteria of the
Regulatory Flexibility Act.
List of Subjects in 14 CFR Part 71
Airspace, Incorporation by reference, Navigation (air).
Adoption of the Amendment
In consideration of the foregoing, the Federal Aviation
Administration amends 14 CFR Part 71 as follows:
PART 71--[AMENDED]
1. The authority citation for 14 CFR Part 71 continues to read as
follows:
Authority: 49 U.S.C. 106(g), 40103, 40113, 40120; E.O. 10854, 24
FR 9565, 3 CFR, 1959-1963 Comp., P. 389; 14 CFR 11.69.
Sec. 71.1 [Amended]
2. The incorporation by reference in 14 CFR 71.1 of Federal
Aviation Administration Order 7400.9C, Airspace Designations and
Reporting Points, dated August 17, 1995 and effective September 16,
1995, is amended as follows:
Paragraph 6005 Class E airspace areas extending upward from 700
feet or more above the surface of the earth.
* * * * *
AEA MD E5 Mitchellville, MD [New]
Freeway Airport, MD
(Lat. 38 deg.56'25''N, Long. 76 deg.46'19''W)
That airspace extending upward from 700 feet above the surface
within a 6-mile radius of the Freeway Airport excluding that portion
within the College Park, MD and the Washington, DC 700 foot Class E
Airspace Area.
* * * * *
Issued in Jamaica, New York on June 11, 1996.
John S. Walker,
Manager, Air Traffic Division, Eastern Region.
[FR Doc. 96-15630 Filed 6-18-96; 8:45 am]
BILLING CODE 4910-13-M
Complete official Federal Register PDF
FR Doc. 96-15629 Irish Potatoes Grown in Washington; Modification of the Minimum Size Requirements
[Federal Register Volume 61, Number 119 (Wednesday, June 19, 1996)]
[Rules and Regulations]
[Pages 31006-31007]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-15629]
-----------------------------------------------------------------------
DEPARTMENT OF AGRICULTURE
7 CFR Part 946
[FV96-946-1FR]
Irish Potatoes Grown in Washington; Modification of the Minimum
Size Requirements
AGENCY: Agricultural Marketing Service, USDA.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This final rule reduces the minimum diameter requirement from
2-1/8 inches to 2 inches for Russet type varieties of Washington
potatoes shipped during the July 15 through August 31 period each
season. Potato varieties currently being grown for shipment during this
period are similar in shape to those grown for marketing during the
balance of the season. Reducing the minimum diameter recognizes this
similarity and enables handlers to market a larger portion of the crop
in fresh outlets. This change should improve the marketing of
Washington potatoes and increase returns to producers as well as
provide consumers with increased supplies of potatoes.
EFFECTIVE DATE: July 15, 1996.
FOR FURTHER INFORMATION CONTACT: Dennis L. West, Northwest Marketing
Field Office, Marketing Order Administration Branch, Fruit and
Vegetable Division, AMS, USDA, 1220 SW Third Avenue, room 369,
Portland, Oregon 97204-2807; telephone: (503) 326-2724 or FAX (503)
326-7440; or Robert F. Matthews, Marketing Order Administration Branch,
Fruit and Vegetable Division, AMS, USDA, P.O. Box 96456, room 2523-S,
Washington, D.C. 20090-6456; telephone: (202) 690-0464 or FAX (202)
720-5698.
SUPPLEMENTARY INFORMATION: This final rule is issued under Marketing
Agreement No. 113 and Marketing Order No. 946 (7 CFR part 946), both as
amended, regulating the handling of Irish potatoes grown in Washington,
hereinafter referred to as the ``order.'' The order is authorized by
the Agricultural Marketing Agreement Act of 1937, as amended, (7 U.S.C.
601-674), hereinafter referred to as the ``Act.'' The State of
Washington Potato Committee (Committee) is the agency responsible for
local administration of the marketing order program in the designated
production area.
The Department of Agriculture (Department) is issuing this rule in
conformance with Executive Order 12866.
This final rule has been reviewed under Executive Order 12778,
Civil Justice Reform. This rule is not intended to have retroactive
effect. This final rule will not preempt any State or local laws,
regulations, or policies, unless they present an irreconcilable
conflict with this rule.
The Act provides that administrative proceedings must be exhausted
before parties may file suit in court. Under section 608c(15)(A) of the
Act, any handler subject to an order may file with the Secretary a
petition stating that the order, any provision of the order, or any
obligation imposed in connection with the order is not in accordance
with law and request a modification of the order or to be exempted
therefrom. A handler is afforded the opportunity for a hearing on the
petition. After the hearing the Secretary will rule on the petition.
The Act provides that the district court of the United States in any
district in which the handler is an inhabitant, or has his or her
principal place of business, has jurisdiction to review the Secretary's
ruling on the petition, provided an action is filed not
[[Page 31007]]
later than 20 days after the date of the entry of the ruling.
Pursuant to requirements set forth in the Regulatory Flexibility
Act (RFA), the Agricultural Marketing Service (AMS) has considered the
economic impact of this action on small entities.
The purpose of the RFA is to fit regulatory actions to the scale of
business subject to such actions in order that small businesses will
not be unduly or disproportionately burdened. Marketing orders issued
pursuant to the Act, and rules issued thereunder, are unique in that
they are brought about through group action of essentially small
entities acting on their own behalf. Thus, both statutes have small
entity orientation and compatibility.
There are approximately 40 handlers of Washington potatoes that are
subject to regulation under the order and approximately 450 producers
in the regulated production area. Small agricultural service firms,
which include handlers of Washington potatoes, have been defined by the
Small Business Administration (13 CFR 121.601) as those whose annual
receipts are less than $5,000,000, and small agricultural producers are
defined as those whose annual receipts are less than $500,000. The
majority of potato handlers and producers regulated under the marketing
agreement and order may be classified as small entities.
This final rule reduces the minimum diameter requirement from 2\1/
8\ inches to 2 inches for Russet type varieties of Washington potatoes
shipped during the July 15 through August 31 period each season. This
change will enable handlers to market a larger portion of the crop in
fresh market outlets. This action is expected to improve the marketing
of Washington potatoes and increase returns to producers. Therefore,
the AMS has determined that this action will not have a significant
economic impact on a substantial number of small entities.
Section 946.52 (7 CFR 946.52) authorizes the issuance of
regulations for grade, size, quality, maturity, and pack for any
variety or varieties of potatoes grown in different portions of the
production area during any period.
Size regulations are currently in effect under section 946.336 in
terms of minimum diameter and minimum weight. All Russet types must be
2\1/8\ inches minimum diameter or 4 ounces minimum weight during the
period July 15 through August 31 each season, and 2 inches or 4 ounces
during the remainder of the season. This rule amends section 946.336 by
reducing the minimum diameter requirement for Russet type varieties
from 2\1/8\ inches to 2 inches during the July 15 through August 31
period each season. Thus, the 2 inch minimum diameter or 4 ounce
minimum weight will apply to Russet type potatoes throughout the entire
season.
At its meeting on February 15, 1996, the Committee unanimously
recommended reducing the minimum diameter requirement for Russet type
varieties to 2 inches during the period July 15 through August 31, when
early crop shipments are made.
When the current minimum diameter requirement for Russet type
varieties was established, the Norgold Russet was the primary variety
being grown for the early market, i.e., the months of July and August.
This variety is more round in shape than those varieties grown for
shipment later in the season. The newer varieties grown for the early
market, such as the Norkotah Russet, are shaped the same as the
varieties traditionally marketed later in the season. Thus, there is no
need for a larger diameter requirement for earlier varieties.
Therefore, the Committee recommended that all Russet type varieties be
subject to the same minimum diameter requirement throughout the entire
marketing season.
Reducing the minimum diameter will enable handlers to market a
larger portion of the crop in fresh market outlets. This change is
expected to improve the marketing of Washington potatoes and increase
returns to producers.
The proposed rule concerning this action was published in the April
22, 1996, Federal Register (61 FR 17587), with a 30-day comment period
ending May 22, 1996. No comments were received.
After consideration of all relevant material presented, including
the information and recommendations submitted by the Committee and
other available information, it is hereby found that this rule, as
hereinafter set forth, will tend to effectuate the declared policy of
the Act.
Pursuant to 5 U.S.C 553, it is further found that good cause exists
for not postponing the effective date of this action until 30 days
after publication in the Federal Register because: (1) This action
relaxes size requirements on handlers and must be effective on July 15,
1996, for the handlers to take full advantage of the relaxed
requirements; (2) a 30-day period for written comments was provided on
this action and no comments were received; and (3) delaying the
effective date of this action will serve no useful purpose.
List of Subjects in 7 CFR Part 946
Marketing agreements, Potatoes, Reporting and recordkeeping
requirements.
For the reasons set forth in the preamble, 7 CFR part 946 is hereby
amended as follows:
PART 946--IRISH POTATOES GROWN IN WASHINGTON
1. The authority citation for 7 CFR part 946 continues to read as
follows:
Authority: 7 U.S.C. 601-674.
2. Section 946.336 is amended by revising paragraph (a)(2)(ii) to
read as follows:
Sec. 946.336 Handling regulation.
* * * * *
(a) * * *
(2) * * *
(ii) All Russet types, 2 inches (54.0 mm) minimum diameter, or 4
ounces minimum weight.
* * * * *
Dated: June 13, 1996.
Sharon Bomer Lauritsen,
Acting Director, Fruit and Vegetable Division.
[FR Doc. 96-15629 Filed 6-18-96; 8:45 am]
BILLING CODE 3410-02-P
Complete official Federal Register PDF
FR Doc. 96-15627 Limes and Avocados Grown in Florida; Relaxation of Container Marking Requirements
[Federal Register Volume 61, Number 119 (Wednesday, June 19, 1996)]
[Rules and Regulations]
[Pages 31004-31006]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-15627]
-----------------------------------------------------------------------
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Parts 911 and 915
[Docket No. FV96-911-4IFR]
Limes and Avocados Grown in Florida; Relaxation of Container
Marking Requirements
AGENCY: Agricultural Marketing Service, USDA.
ACTION: Interim final rule with request for comments.
-----------------------------------------------------------------------
SUMMARY: This interim final rule relaxes the container marking
requirements for limes and avocados packed under the Federal marketing
orders for limes and avocados grown in Florida. This relaxation reduces
the number of lime and avocado containers required to be marked with
the lot stamp number. This rule reduces handling costs and provides
more flexibility in lime and avocado packing operations.
DATES: Effective June 20, 1996; comments received by July 19, 1996 will
be considered prior to issuance of a final rule.
ADDRESSES: Interested persons are invited to submit written comments
concerning this rule. Comments must be sent in triplicate to the Docket
Clerk, Fruit and Vegetable Division, AMS, USDA, room 2525-S, P.O. Box
96456, Washington, DC 20090-6456, Fax # (202) 720-5698. All comments
should reference the docket number and the date and page number of this
issue of the Federal Register and will be made available for public
inspection in the Office of the Docket Clerk during regular business
hours.
FOR FURTHER INFORMATION CONTACT: Aleck Jonas, Marketing Specialist,
Southeast Marketing Field Office, Marketing Order Administration
Branch, F&V, AMS, USDA, P.O. Box 2276, Winter Haven, Florida 33883;
telephone: (941) 299-4770; or Britthany Beadle, Marketing Specialist,
Marketing Order Administration Branch, F&V, AMS, USDA, room 2522-S,
P.O. Box 96456, Washington, DC 20090-6456: telephone: (202) 720-3923.
SUPPLEMENTARY INFORMATION: This rule is issued under Marketing Order
Nos. 911 and 915 (7 CFR parts 911 and 915), as amended, regulating the
handling of limes and avocados grown in Florida, hereinafter referred
to as the ``orders.'' These orders are effective under the Agricultural
Marketing Agreement Act of 1937, as amended (7 U.S.C. 601-674),
hereinafter referred to as the ``Act.''
The Department of Agriculture (Department) is issuing this rule in
conformance with Executive Order 12866.
This rule has been reviewed under Executive Order 12778, Civil
Justice Reform. This rule is not intended to have retroactive effect.
This rule will not preempt any State or local laws, regulations, or
policies, unless they present an irreconcilable conflict with this
rule.
The Act provides that administrative proceedings must be exhausted
before parties may file suit in court. Under section 608c(15)(A) of the
Act, any handler subject to an order may file with the Secretary a
petition stating that the order, any provision of the order, or any
obligation imposed in connection with the order is not in accordance
with law and request a modification of the order or to be exempted
therefrom. A handler is afforded the opportunity for a hearing on the
petition. After the hearing the Secretary would rule on the petition.
The Act provides that the district court of the United States in any
district in which the handler is an inhabitant, or has his or her
principal place of business, has jurisdiction to review the Secretary's
ruling on the petition, provided an action is filed not later than 20
days after date of the entry of the ruling.
Pursuant to requirements set forth in the Regulatory Flexibility
Act (RFA), the Agricultural Marketing Service (AMS) has considered the
economic impact of this action on small entities.
The purpose of the RFA is to fit regulatory actions to the scale of
business subject to such actions in order that small businesses will
not be unduly or disproportionately burdened. Marketing orders issued
pursuant to the Act, and rules issued thereunder, are unique in that
they are brought about through group action of essentially small
entities acting on their own behalf. Thus, both statutes have small
entity orientation and compatibility.
There are approximately 10 handlers of limes and 65 handlers of
avocados who are subject to regulation under the respective marketing
order and approximately 40 lime and 100 avocado producers in the
regulated areas. Small agricultural service firms are defined by the
Small Business Administration (13 CFR 121.601) as those having annual
[[Page 31005]]
receipts of less than $5,000,000, and small agricultural producers are
defined as those whose annual receipts are less than $500,000. The
majority of these handlers and producers may be classified as small
entities.
Under the terms of the marketing orders, fresh market shipments of
Florida limes and avocados are required to be inspected and are subject
to grade, size, maturity, pack and container requirements. Current
requirements include specifications that all authorized containers of
limes and avocados shall be plainly marked with a Federal-State
Inspection lot stamp number corresponding to the lot inspection
conducted by an authorized inspector.
This rule changes the container marking requirements currently
issued under the orders. This rule relaxes the lot stamping
requirements on containers of limes and avocados that have been
palletized prior to block inspections. The Florida Lime and Avocado
Administrative Committees (committees), the agencies responsible for
local administration of the marketing orders, met on March 13, 1996,
and recommended this action by unanimous vote.
The marketing orders authorize under Sec. 911.48 and Sec. 915.51
the establishment of container marking requirements. Sections
911.311(b) and 915.306(a)(4)(5) of the rules and regulations outline
the lot stamp number container marking requirements for fresh limes and
avocados packed under the orders.
There are two basic types of inspection in the industry; in-line
and block. In-line inspection is performed during the packing process,
prior to palletization and storage. In block inspection, the inspection
occurs after the pallets have been packed, strapped, and placed in
storage. Large handling facilities tend to have inspectors on site when
they are packing. These facilities use in-line inspection which allows
the containers to be lot stamped prior to being palletized. Smaller
handling facilities do not run enough fruit to justify the continuous
presence of an inspector. Therefore, they call for a block inspection
after a lot is run, palletized and ready to ship. Requiring the
inspector to lot stamp each container necessitates tearing down all the
pallets. This results in significant cost and loss of time.
The committees recommended relaxing the number of containers
required to be marked with the lot stamp number to assist small
handlers. This relaxation revises the lot stamping requirements for
containers that have been palletized prior to inspection. Under this
change, all exterior, exposed boxes, on all four sides of a pallet,
will be lot stamped, rather than each box. The committees anticipate
that this recommended relaxation would avoid prohibitive costs to small
handlers.
Less than 25 percent of all lime and avocado shipments are shipped
by small packing houses using block inspection. Under this revised
procedure, most of the containers they pack would be lot stamp
numbered. The center tiers of randomly selected pallets are inspected
by the Federal-State Inspection Service for all marketing order
requirements. The committees' recommendation to relax the container
marking requirement would not lower the number of containers being
inspected.
Several other alternatives were suggested during the public
meeting. One alternative discussed by the committees was to require all
containers to continue to be lot stamp numbered. Maintaining the
requirement for lot stamp numbers to be placed on all containers would
not address the burden placed on small handlers. That burden includes
higher handler labor costs, slower handler operations, increased
handler restrapping costs, as well as increased inspection costs. It
was the consensus of the committees that the current requirement is
cost prohibitive as each block-inspected pallet needs to be manually
pulled apart to enable the lot stamp number to be placed on the center
tier containers.
Another alternative suggested was to eliminate the block-inspection
method and require all handlers to use the in-line inspection method.
During in-line inspection, containers would be stamped with the lot
stamp number prior to being stacked on the pallet. This would have a
serious financial impact on the industry, especially among small
handlers, due to a large increase in inspection costs. This suggestion
was unacceptable to the industry as it would be cost prohibitive and
could force small handlers out of business.
This rule relaxes the lot stamping requirements on containers of
limes and avocados that have been palletized prior to block inspection.
Smaller handling facilities are the primary users of block inspection
and will benefit from the cost savings of this relaxation. Therefore,
the AMS has determined that this action will not have a significant
economic impact on a substantial number of small entities.
Section 8(e) of the Act requires that whenever grade, size, quality
or maturity requirements are in effect for certain commodities under a
domestic marketing order, including limes and avocados, imports of that
commodity must meet the same or comparable requirements. This rule
changes the container marking requirements currently issued under the
orders. Therefore, no change is necessary in the lime and avocado
import regulations as a result of this action to relax the lot stamp
number requirement.
After consideration of all relevant material presented, including
the committees' recommendation, and other available information, it is
found that this interim final rule, as hereinafter set forth, will tend
to effectuate the declared policy of the Act.
Pursuant to 5 U.S.C. 553, it is also found and determined upon good
cause that it is impracticable, unnecessary, and contrary to the public
interest to give preliminary notice prior to putting this rule into
effect and that good cause exists for not postponing the effective date
of this rule until 30 days after publication in the Federal Register
because: (1) Handlers are currently shipping limes and avocados; (2)
the committees unanimously recommended this rule at public meetings and
all interested persons had an opportunity to provide input; (3) this
rule relaxes container marking requirements; (4) Florida lime and
avocado handlers are aware of this rule and need no additional time to
comply with the relaxed requirements; and (5) this rule provides a 30-
day comment period and any comments received will be considered prior
to finalization of this rule.
List of Subjects
7 CFR Part 911
Marketing agreements, Limes, Reporting and recordkeeping
requirements.
7 CFR Part 915
Marketing agreements, Avocados, Reporting and recordkeeping
requirements.
For the reasons set forth in the preamble, 7 CFR Parts 911 and 915
are amended as follows:
1. The authority citation for both 7 CFR parts 911 and 915
continues to read as follows:
Authority: 7 U.S.C. 601-674.
PART 911--LIMES GROWN IN FLORIDA
2. Section 911.311 is amended by revising paragraph (b) to read as
follows:
Sec. 911.311 Florida lime pack and container marking regulation.
* * * * *
(b) No handler shall handle any limes grown in the production area
in any
[[Page 31006]]
container specified in Sec. 911.329 unless such container is marked
with a Federal-State Inspection Service lot stamp number showing that
the limes have been inspected in accordance with regulations issued
under Sec. 911.48 of the marketing order: Provided, That when
inspection occurs after palletization, only all exposed or outside
containers of limes must be plainly marked with the lot stamp number
corresponding to the lot inspection conducted by an authorized
inspector.
* * * * *
PART 915--AVOCADOS GROWN IN SOUTH FLORIDA
3. In Sec. 915.306, paragraph (a)(4) is revised to read as follows:
Sec. 915.306 Florida avocado grade, pack, and container marking
regulation.
(a) * * *
(4) Such avocados are in containers marked with a Federal-State
Inspection Service lot stamp number, when handled in containers
authorized under Sec. 915.305: Provided, That when inspection occurs
after palletization, only all exposed or outside containers of avocados
must be plainly marked with the lot stamp number corresponding to the
lot inspection conducted by an authorized inspector.
* * * * *
Dated: June 13, 1996.
Sharon Bomer Lauritsen,
Acting Director, Fruit and Vegetable Division.
[FR Doc. 96-15627 Filed 6-18-96; 8:45 am]
BILLING CODE 3410-02-P
Complete official Federal Register PDF
FR Doc. 96-15589 Approval and Promulgation of Air Quality Plans; Louisiana; Revision to the State Implementation Plan (SIP) Addressing Ozone Monitoring
[Federal Register Volume 61, Number 119 (Wednesday, June 19, 1996)]
[Rules and Regulations]
[Pages 31035-31037]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-15589]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[LA-16-1-7165a; FRL-5522-6]
Approval and Promulgation of Air Quality Plans; Louisiana;
Revision to the State Implementation Plan (SIP) Addressing Ozone
Monitoring
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: The EPA is approving a revision to Louisiana's SIP for ozone.
This action is based upon a revision request which was submitted by the
State to satisfy the requirements of the Clean Air Act (Act), as
amended November 15, 1990, and the Photochemical Assessment Monitoring
Stations (PAMS) regulations. The PAMS regulations require the State to
provide for the establishment and maintenance of an enhanced ambient
air quality monitoring network in the form of PAMS by November 12,
1993.
DATES: This final rule is effective August 19, 1996, unless adverse
comments are received by July 19 1996. If the effective date is
delayed, timely notice will be published in the Federal Register (FR).
ADDRESSES: Written comments should be addressed to Mr. Thomas H. Diggs,
Chief, Air Planning Section (6PD-L), at the EPA Regional Office listed
below. Copies of the documents relevant to this final action are
available for public inspection during normal business hours at the
following locations. Interested persons wanting to examine these
documents should make an appointment with the appropriate office at
least 24 hours before the visiting day.
Environmental Protection Agency, Region 6, Multimedia Planning and
Permitting Division, 1445 Ross Avenue, Suite 700, Dallas, Texas 75202-
2733, telephone (214) 665-7214.
Louisiana Department of Environmental Quality, Office of Air Quality
and Radiation Protection, H. B. Garlock Building, 7290 Bluebonnet
Blvd., Baton Rouge, Louisiana 70810.
FOR FURTHER INFORMATION CONTACT: Ms. Jeanne M. McDaniels, Air Planning
Section (6PD-L), Environmental Protection Agency, Region 6, 1445 Ross
Avenue, Dallas, Texas 75202-2733, telephone (214) 665-7254.
SUPPLEMENTARY INFORMATION:
I. Background
On September 10, 1993, the Louisiana Department of Environmental
Quality
[[Page 31036]]
(LDEQ) submitted to the EPA a SIP revision incorporating PAMS into the
ambient air quality monitoring network of State or Local Air Monitoring
Stations (SLAMS) and National Air Monitoring Stations (NAMS). The State
will establish and maintain PAMS as part of its overall ambient air
quality monitoring network.
Section 182(c)(1) of the Act and the General Preamble 1
require that the EPA promulgate rules for enhanced monitoring of ozone,
oxides of nitrogen (NOX), and volatile organic compounds (VOC) no
later than 18 months after the date of the enactment of the Act. In
addition, the Act requires that, following the promulgation of the
rules relating to enhanced ambient monitoring, the State must commence
actions to adopt and implement a program, based on these rules, to
improve monitoring for ambient concentrations of ozone, NOX and
VOC and to improve monitoring of emissions of NOX and VOC.
---------------------------------------------------------------------------
\1\ ``General Preamble for the Implementation of Title I of the
Clean Air Act Amendments of 1990,'' 57 FR 13515, dated April 16,
1992.
---------------------------------------------------------------------------
The final PAMS rule was promulgated by the EPA on February 12, 1993
(58 FR 8452). Section 58.40(a) of the rule requires the State to submit
a PAMS network description, including a schedule for implementation, to
the Administrator within six months after promulgation or by August 12,
1993. Further, section 58.20(f) requires the State to provide for the
establishment and maintenance of a PAMS network within nine months
after promulgation of the final rule or by November 12, 1993.
On July 1, 1993, the LDEQ submitted to the EPA a proposed SIP
revision which included a PAMS network description. The LDEQ held a
public hearing on the proposed PAMS SIP revision on August 23, 1993. No
comments were received either during the public hearing or the public
comment period with the exception of one written comment submitted by
the EPA as discussed below.
On September 10, 1993, the State submitted the official PAMS SIP
revision. Louisiana's PAMS SIP revision is intended to meet the
requirements of section 182(c)(1) of the Act and effect compliance with
the PAMS regulations promulgated on February 12, 1993, and codified at
40 CFR part 58.
On September 27, 1993, the LDEQ submitted to the EPA a revised PAMS
network description including a schedule for implementation. (The EPA
conditionally approved the network description on April 21, 1994, and
granted final approval of the network description on October 13, 1995.)
It should be noted that, since network descriptions may change
annually, they are not part of the SIP as recommended by the EPA's
``Guideline for the Implementation of the Ambient Air Monitoring
Regulations 40 CFR Part 58 (November 1979).'' The network description
is negotiated and approved during an annual review as required by 40
CFR sections 58.25, 58.36, and 58.46. EPA did, however, require States
to provide a copy of the proposed PAMS network description, including
phase-in schedule, on file for public inspection during the public
notice/comment period for the PAMS SIP revision or, alternatively,
provide information to the public upon request concerning the State's
plans for implementing the rules. As stated earlier, Louisiana included
a network description and implementation schedule in the proposed PAMS
SIP revision.
On November 17, 1993, the EPA sent the Governor of Louisiana a
letter finding the September 10, 1993, PAMS SIP submittal
administratively complete.
II. Analysis of State Submittal
The Louisiana PAMS SIP revision will provide Louisiana with the
authority to establish and operate the PAMS sites, secure State funds
for PAMS and provide the EPA with the authority to enforce the
implementation of PAMS, since their implementation is required by the
Act.
The criteria used to review the proposed SIP revision are derived
from the PAMS regulations codified at 40 CFR Part 58; the EPA's
``Guideline for the Implementation of the Ambient Air Monitoring
Regulations 40 CFR part 58''; a September 2, 1993, memorandum from G.
T. Helms, Office of Air Quality Planning and Standards, entitled,
``Final Boilerplate Language for the PAMS SIP Submittal''; the Act; and
the General Preamble.
The Louisiana PAMS SIP revision provides that the State will
implement PAMS as required in 40 CFR Part 58, as amended February 12,
1993. The State will amend its SLAMS and its NAMS monitoring systems to
include the PAMS requirements. It will develop its PAMS network design
and establish monitoring sites pursuant to 40 CFR part 58 in accordance
with an approved network description and as negotiated with the EPA
through the section 105 grant process on an annual basis. To date, the
State has successfully implemented a PAMS network as required in 40 CFR
part 58.
The Louisiana PAMS SIP revision also includes a provision to meet
quality assurance requirements as contained in 40 CFR part 58, appendix
A. The State also assures that the State's PAMS monitors will meet
monitoring methodology requirements contained in 40 CFR part 58,
appendix C. Lastly, the State assures that the Louisiana PAMS network
will be phased in over a period of five years as required in 40 CFR
58.44. The State's PAMS SIP submittal and the EPA's technical support
document are available for viewing at the EPA Region 6 office and the
LDEQ's Baton Rouge office as outlined under the ADDRESSES section of
this FR document.
The State addressed, in the final PAMS SIP submittal, EPA Region
6's comment on the proposed SIP that the SIP should include a clear
statement that the LDEQ intends to implement PAMS pursuant to 40 CFR
part 58 as amended February 12, 1993.
III. Rulemaking Action
In this action, the EPA is approving the revision to the Louisiana
Ozone SIP for PAMS. The EPA has reviewed this revision to the Louisiana
SIP and is approving it as submitted because it meets the requirements
of section 182(c)(1) of the Act and the appropriate sections of 40 CFR
part 58.
Copies of the State's SIP revision and the Technical Support
Document (TSD) detailing EPA's review of the SIP revision are available
at the address listed in the ADDRESSES section above. For a detailed
analysis of the SIP revision, the reader is referred to the TSD.
The EPA is publishing this action without prior proposal because
the Agency views this as a noncontroversial revision and anticipates no
adverse comments. However, in a separate document in this Federal
Register publication, the EPA is proposing to approve the SIP revision
should adverse or critical comments be filed. Thus, today's direct
final action will be effective August 19, 1996, unless by July 19,
1996, adverse or critical comments are received.
If the EPA receives such comments, this action will be withdrawn
before the effective date by publishing a subsequent document that will
withdraw the final action. All public comments received will then be
addressed in a subsequent final rule based on this action serving as a
proposed rule. The EPA will not institute a second comment period on
this action. Any parties interested in commenting on this action should
do so at this time. If no such comments are
[[Page 31037]]
received, the public is advised that this action will be effective
August 19, 1996.
The EPA has reviewed this request for revision of the federally-
approved SIP for conformance with the provisions of the Act as amended
November 15, 1990. The EPA has determined that this action conforms
with those requirements.
Nothing in this action should be construed as permitting, allowing
or establishing a precedent for any future request for revision to any
SIP. Each request for revision to a SIP shall be considered separately
in light of specific technical, economic, and environmental factors and
in relation to relevant statutory and regulatory requirements.
Under the Regulatory Flexibility Act, 5 U.S.C. 600 et seq., the EPA
must prepare a regulatory flexibility analysis assessing the impact of
any proposed of final rule on small entities. Small entities include
small businesses, small not-for-profit enterprises, and government
entities with jurisdiction over populations that are less than 50,000.
The SIP revision approvals under section 110 and subchapter I, part
D, of the Act do not create any new requirements, but simply approve
requirements that the State is already imposing. Therefore, because the
Federal SIP approval does not impose any new requirements, the EPA
certifies that this proposed rule would not have a significant impact
on any small entities affected. Moreover, due to the nature of the
Federal-State relationship under the Act, preparation of a regulatory
flexibility analysis would constitute Federal inquiry into the economic
reasonableness of State actions. The Act forbids the EPA to base its
actions concerning SIP's on such grounds. Union Electric Co. v.
U.S.E.P.A., 427 U.S. 246, 256-266 (S. Ct. 1976); 42 U.S.C. section
7410(a)(2).
Under section 202 of the Unfunded Mandates Reform Act of 1995
(Unfunded Mandates Act), signed into law on March 22, 1995, the EPA
must prepare a budgetary impact statement to accompany any proposed or
final rule that includes a Federal mandate that may result in estimated
costs to State, local, or tribal governments in the aggregate, or to
the private sector, of $100 million or more. Under section 205, the EPA
must select the most cost-effective and least burdensome alternative
that achieves the objectives of the rule and is consistent with
statutory requirements. Section 203 requires the EPA to establish a
plan for informing and advising any small governments that may be
significantly or uniquely impacted by the rule.
The EPA has determined that the approval action promulgated today
does not include a Federal mandate that may result in estimated costs
of $100 million or more to State, local, or tribal governments in the
aggregate, or to the private sector. This Federal action approves pre-
existing requirements under State or local law, and imposes no new
Federal requirements. Accordingly, no additional costs to State, local,
or tribal governments, or to the private sector, result from this
action.
This action has been classified as a Table 3 action for signature
by the Regional Administrator under the procedures published in the
Federal Register on January 19, 1989 (54 FR 2214-2225), as revised by a
July 10, 1995, memorandum from Mary Nichols, Assistant Administrator
for Air and Radiation. The Office of Management and Budget has exempted
this regulatory action from Executive Order 12866 review.
Under section 307(b)(1) of the Act, 42 U.S.C. 7607(b), petitions
for judicial review of this action must be filed in the United States
Court of Appeals for the appropriate circuit by August 19, 1996. Filing
a petition for reconsideration by the Administrator of this final rule
does not affect the finality of this rule for the purposes of judicial
review nor does it extend the time within which a petition for judicial
review may be filed, and shall not postpone the effectiveness of such
rule or action. This action may not be challenged later in proceedings
to enforce its requirements. (See section 307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Hydrocarbons,
Nitrogen dioxide, Ozone, Volatile organic compounds.
Dated: June 10, 1996.
Allyn M. Davis,
Acting Regional Administrator.
Part 52, chapter I, title 40 of the Code of Federal Regulations is
amended as follows:
PART 52--[AMENDED]
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401-7671q.
Subpart T--Louisiana
2. Section 52.995 is added to read as follows:
Sec. 52.995 Enhanced ambient air quality monitoring.
(a) The Governor of the State of Louisiana submitted the
photochemical assessment monitoring stations (PAMS) State
Implementation Plan (SIP) revision for the Baton Rouge ozone
nonattainment area on September 10, 1993. This SIP submittal satisfies
40 CFR 58.20(f), which requires the State to provide for the
establishment and maintenance of PAMS.
(b) The Baton Rouge ozone nonattainment area is classified as
Serious and includes Ascension, East Baton Rouge, Iberville,
Livingston, Pointe Coupee, and West Baton Rouge Parishes.
[FR Doc. 96-15589 Filed 6-18-96; 8:45 am]
BILLING CODE 6560-50-P
Complete official Federal Register PDF
FR Doc. 96-15582 Mediterranean Fruit Fly; Removal of Quarantined Areas
[Federal Register Volume 61, Number 119 (Wednesday, June 19, 1996)]
[Rules and Regulations]
[Pages 31003-31004]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-15582]
========================================================================
Rules and Regulations
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
Prices of new books are listed in the first FEDERAL REGISTER issue of each
week.
========================================================================
Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 /
Rules and Regulations
[[Page 31003]]
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
7 CFR Part 301
[Docket No. 91-155-19]
Mediterranean Fruit Fly; Removal of Quarantined Areas
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Interim rule and request for comments.
-----------------------------------------------------------------------
SUMMARY: We are amending the Mediterranean fruit fly regulations by
removing the quarantined areas in Los Angeles, Orange, and San
Bernardino Counties, CA, from the list of quarantined areas. We have
determined that the Mediterranean fruit fly has been eradicated from
these areas and that restrictions on the interstate movement of
regulated articles from these areas are no longer necessary. As a
result of this action, there are no longer any areas in the continental
United States quarantined because of the Mediterranean fruit fly.
DATES: Interim rule effective June 14, 1996. Consideration will be
given only to comments received on or before July 19, 1996.
ADDRESSES: Please send an original and three copies of your comments to
Docket No. 91-155-19, Regulatory Analysis and Development, PPD, APHIS,
Suite 3C03, 4700 River Road Unit 118, Riverdale, MD 20737-1238. Please
state that your comments refer to Docket No. 91-155-19. Comments
received may be inspected at USDA, room 1141, South Building, 14th
Street and Independence Avenue SW., Washington, DC, between 8 a.m. and
4:30 p.m., Monday through Friday, except holidays. Persons wishing to
inspect comments are requested to call ahead on (202) 690-2817 to
facilitate entry into the comment reading room.
FOR FURTHER INFORMATION CONTACT: Mr. Michael B. Stefan, Operations
Officer, Domestic and Emergency Operations, PPQ, APHIS, 4700 River Road
Unit 134, Riverdale, MD 20737-1236, (301) 734-8247; or e-mail:
[email protected].
SUPPLEMENTARY INFORMATION:
Background
The Mediterranean fruit fly, Ceratitis capitata (Wiedemann), is one
of the world's most destructive pests of numerous fruits and
vegetables. The Mediterranean fruit fly (Medfly) can cause serious
economic losses. Heavy infestations can cause complete loss of crops,
and losses of 25 to 50 percent are not uncommon. The short life cycle
of this pest permits the rapid development of serious outbreaks.
In the continental United States, California is the only State
where Medfly has been present in recent years. The Mediterranean fruit
fly regulations (contained in 7 CFR 301.78 through 301.78-10 and
referred to below as the regulations) restrict the interstate movement
of regulated articles from quarantined areas to prevent the spread of
Medfly to noninfested areas of the United States. Since the
establishment of the regulations in 1991, the quarantined areas have
included certain portions of Los Angeles, Santa Clara, Orange,
Riverside, San Bernardino, San Diego, and Ventura Counties, CA.
Currently, the regulations designate only portions of Los Angeles,
Orange, and San Bernardino Counties, CA, as quarantined for Medfly.
We have determined, based on trapping surveys conducted by the
Animal and Plant Health Inspection Service (APHIS) and California State
and county agency inspectors, that the Medfly has been eradicated from
the quarantined areas in Los Angeles, Orange, and San Bernardino
Counties, CA. The last finding of the Medfly thought to be associated
with the infestation in these areas was in July 1994. Since then, no
evidence of infestation has been found in these areas. We are,
therefore, removing these areas from the list of areas in Sec. 301.78-
3(c) quarantined because of the Medfly. As a result of this action,
there are no longer any areas in the continental United States
quarantined because of the Medfly.
Immediate Action
The Administrator of the Animal and Plant Health Inspection Service
has determined that there is good cause for publishing this interim
rule without prior opportunity for public comment. The areas in
California affected by this document were quarantined to prevent the
Medfly from spreading to noninfested areas of the United States.
Because the Medfly has been eradicated from these areas, and because
the continued quarantined status of these areas would impose
unnecessary regulatory restrictions on the public, immediate action is
warranted to relieve restrictions.
Because prior notice and other public procedures with respect to
this action are impracticable and contrary to the public interest under
these conditions, we find good cause under 5 U.S.C. 553 to make this
rule effective less than 30 days after publication. We will consider
comments that are received within 60 days of publication of this rule
in the Federal Register. After the comment period closes, we will
publish another document in the Federal Register. It will include a
discussion of any comments we receive and any amendments we are making
to the rule as a result of the comments.
Executive Order 12866 and Regulatory Flexibility Act
This interim rule has been reviewed under Executive Order 12866.
For this action, the Office of Management and Budget has waived the
review process required by Executive Order 12866.
This interim rule affects the interstate movement of regulated
articles from portions of Los Angeles, Orange, and San Bernardino
Counties, CA. There are approximately 8,016 small entities that could
be affected, including 4,449 fruit sellers, 790 nurseries, 1,917
vendors, 32 markets, 29 community gardens, 153 growers, 14 air cargo
warehouses, 19 caterers, 112 yard maintenance companies, 46 swap meets,
9 packers, 6 processors, 399 distributors and wholesalers, and 41 food
banks.
These small entities comprise less than 1 percent of the total
number of similar small entities operating in the State of California.
In addition, most of these small entities sell regulated articles
primarily for local intrastate, not
[[Page 31004]]
interstate, movement, and the sale of these articles would not be
affected by this interim regulation.
Therefore, termination of the quarantine in Los Angeles, Orange,
and San Bernardino Counties should have a minimal economic effect on
the small entities operating there. We anticipate that the economic
impact of lifting the quarantine, though positive, will be no more
significant than was the minimal impact of its imposition.
Under these circumstances, the Administrator of the Animal and
Plant Health Inspection Service has determined that this action will
not have a significant economic impact on a substantial number of small
entities.
Executive Order 12372
This program/activity is listed in the Catalog of Federal Domestic
Assistance under No. 10.025, and is subject to Executive Order 12372,
which requires intergovernmental consultation with State and local
officials. (See 7 CFR part 3015, subpart V.)
Executive Order 12778
This rule has been reviewed under Executive Order 12778, Civil
Justice Reform. This rule: (1) Preempts all State and local laws and
regulations that are inconsistent with this rule; (2) has no
retroactive effect; and (3) does not require administrative proceedings
before parties may file suit in court challenging this rule.
Paperwork Reduction Act
This rule contains no new information collection or recordkeeping
requirements under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501
et seq.).
List of Subjects in 7 CFR Part 301
Agricultural commodities, Plant diseases and pests, Quarantine,
Reporting and recordkeeping requirements, Transportation.
Accordingly, 7 CFR part 301 is amended as follows:
PART 301--DOMESTIC QUARANTINE NOTICES
1. The authority citation for 7 CFR part 301 continues to read as
follows:
Authority: 7 U.S.C. 150bb, 150dd, 150ee, 150ff, 161, 162, and
164-167; 7 CFR 2.22, 2.80, and 371.2(c).
2. In Sec. 301.78-3, paragraph (c) is revised to read as follows:
Sec. 301.78-3 Quarantined areas.
* * * * *
(c) The areas described below are designated as quarantined areas:
Mediterranean fruit fly is not known to exist in the continental United
States.
Done in Washington, DC, this 14th day of June 1996.
Lonnie L. King,
Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 96-15582 Filed 6-18-96; 8:45 am]
BILLING CODE 3410-34-P
Complete official Federal Register PDF
FR Doc. 96-15571 Endangered and Threatened Wildlife and Plants; Reclassification of Erigeron maguirei (Maguire daisy) From Endangered to Threatened
[Federal Register Volume 61, Number 119 (Wednesday, June 19, 1996)]
[Rules and Regulations]
[Pages 31054-31058]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-15571]
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
RIN 1018-AC71
Endangered and Threatened Wildlife and Plants; Reclassification
of Erigeron maguirei (Maguire daisy) From Endangered to Threatened
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The plant Erigeron maguirei (Maguire daisy), endemic to
sandstone canyons and mesas, is found in the San Rafael Swell in Emery
County, Utah, and Capitol Reef in Wayne County, Utah. In 1985, the Fish
and Wildlife Service (Service) listed Erigeron maguirei var. maguirei
as endangered under the Endangered Species Act of 1973 (Act) as
amended. Recent taxonomic studies document that populations formerly
recognized as E. maguirei var. maguirei and E. maguirei var. harrisonii
do not merit recognition as separate varieties, so that E. maguirei
should be recognized as a species without infra-specific taxa. The
studies concluded that the morphological differences previously used to
distinguish the two varieties were ecotypic and not genetically based.
The Service agreed with this taxonomic revision and on September 7,
1994 (59 FR 46219), published notice of its acceptance of this change
in taxonomic understanding. When the status of the entire species is
considered, a larger number of individuals is involved than had been
previously considered to comprise var. maguirei. The Service, however,
believes that E. maguirei's long-term survival is tenuous, since a
significant portion of its habitat is threatened by ongoing and
potential habitat alteration from mineral development, recreational
activities, and livestock trampling. The species exists in small,
reproductively isolated populations that are vulnerable to inbreeding
and the loss of genetic viability. Therefore, the Service finds that E.
maguirei is a threatened species as defined by the Act.
EFFECTIVE DATE: July 19, 1996.
ADDRESSES: The complete file for this rule is available for public
inspection, by appointment, during normal business hours at the Utah
Field Office, U. S. Fish and Wildlife Service, Lincoln Plaza, Suite
404, 145 East 1300 South, Salt Lake City, Utah 84115.
FOR FURTHER INFORMATION CONTACT: John L. England, Botanist, at the
above address (telephone: 801/524-5001; facsimile: 801/524-5021).
SUPPLEMENTARY INFORMATION:
Background
The genus Erigeron (composite family, Asteraceae) includes about
200 species (Cronquist 1947, 1994). Most Erigeron species are found in
the Western Hemisphere, with the western United States as the center of
distribution. Erigeron maguirei is a perennial, herbaceous plant with
decumbent to sprawling or erect stems that are 7 to 18 centimeters (cm)
(2.7 to 7.1 inches (in)) high. The basal leaves are spatulate or
broadly oblanceolate, 2 to 5 cm (0.8 to 2.0 in) long and 6 to 9
millimeters (mm) (0.2 to 0.4 in) wide. The well-developed stem leaves
are sessile or short-petiolate, and are alternately arranged on the
stem. The leaves and stems are covered with abundant spreading hairs.
One to three flower heads are borne at the end of each stem. The floral
disc is 8 to 10 mm (0.3 to 0.4 in) wide; the involucre is 5 to 6.5 mm
(0.20 to 0.26 in) high. Each floral head has 15 to 20 white or pinkish-
white colored ligules (ray flowers) that are about 6 to 8 mm (0.2 to
0.3 in) long and 1.5 to 2 mm (0.06 to 0.08 in) wide. The disk flowers
are orange and about 3.5 to 3.8 mm (0.14 to 0.15 in) long. The seeds
are 2-nerved achenes (Cronquist 1947, 1994; Welsh 1983a, 1983b; Welsh
et al. 1987, 1993).
Erigeron maguirei was described by Cronquist (1947) from a specimen
collected in 1940 from Calf Canyon in the San Rafael Swell of Emery
County, Utah. Erigeron maguirei var. harrisonii was described by Welsh
(1983a) from a specimen he collected in 1982. However, this variety was
first discovered in 1936 at Hickman Natural Bridge in the Capitol Reef
of Wayne County, Utah. Welsh postulated that the morphological
differences between E. maguirei var. maguirei from San Rafael Swell and
E. maguirei var. harrisonii from Capitol Reef could represent ecotypic
variation (Welsh 1983a, 1983b; Welsh et al. 1987, 1993). Heil (1989)
reported both varieties from Capitol Reef and concluded that E.
maguirei var. harrisonii is an ecotypic shade variant of E. maguirei.
The Service funded genetic studies as part of its recovery activities
for E. maguirei var. maguirei to determine the phylogenetic
relationship of the two varieties. Through DNA analysis, Van Buren
(1993) documented that E. maguirei var. maguirei and E. maguirei var.
harrisonii are not taxonomically distinct, and that recognition at the
varietal level is not genetically warranted. The Service accepted Van
Buren's finding, and published a notice (59 FR 46219; September 7,
1994) of its recognition of E. maguirei as a species without infra-
specific taxa. In the recently published volume 5 of the Intermountain
Flora, Cronquist et al. (1994) included E. maguirei var. harrisonii in
synonymy under E. maguirei. The taxonomic treatment in the
Intermountain Flora further justifies the Service's acceptance of the
species without infra-specific taxa.
Recent status surveys of endangered, threatened, and other rare
plants in the San Rafael Swell (Kass 1990) and Capitol Reef (Heil 1989)
documented that about 3,000 individuals of E. maguirei occur at 12
sites. These 12 sites are reproductively isolated, forming separate
populations (R. Van Buren, Brigham Young University, pers. comm. 1994;
K. Heil, San Juan College, pers. comm. 1994). Even with this number of
individuals and populations, the species remains vulnerable to threats
such as the loss of habitat and genetic viability.
The small and isolated populations of Erigeron maguirei are
susceptible to natural and man-caused habitat
[[Page 31055]]
disturbances. In localized areas, the species has been adversely
affected by off-road vehicles and trampling by humans and livestock.
Mineral and energy exploration and development are potential threats to
the species. The demographic stability of the various populations is
not known at this time. Small and isolated populations often have a
high potential of becoming genetically homozygous, rendering them
vulnerable to the loss of genetic viability (R. Van Buren, pers. comm.
1994). Individually, natural factors such as disease, flash floods,
grazing by native species, erosion, and vegetative competition may not
pose a definitive threat to this species. However, due to low
population numbers, the cumulative effect of these threats could
jeopardize the continued existence of the species.
The Service sent the proposed rule to reclassify E. maguirei as
threatened and background information to four botanists for peer review
in order to substantiate the scientific basis of the Service's finding.
Three of the reviewers (Dr. Renee Van Buren and Kim Harper, Brigham
Young University, Provo, Utah, and Professor Kenneth Heil, San Juan
Community College, Farmington, New Mexico) reviewed the proposed rule
and status information and provided written comments on the proposed
action. They agreed with the Service's proposed action to recognize E.
maguirei as a species without infra-specific taxa and change its
classification from endangered to threatened. They also provided
additional information on the species' distribution, biological
threats, and phylogenetic relationships. The fourth reviewer did not
respond to the Service's request for peer review. The Service took the
peer review information into consideration when preparing this final
rulemaking.
Previous Federal Action
Federal action on this species began with section 12 of the Act,
which directed the Secretary of the Smithsonian Institution to prepare
a report on plants considered to be endangered, threatened, or extinct
in the United States. This report, designated as House Document No. 94-
51, was presented to Congress on January 9, 1975. On July 1, 1975, the
Service published a notice (40 FR 27823) that formally accepted the
Smithsonian report as a petition within the context of section 4(c)(2)
(now section 4(b)(3)) of the Act. By accepting this report as a
petition, the Service acknowledged its intention to review the status
of those plant taxa named in the report. Erigeron maguirei was included
in the Smithsonian report and in the July 1, 1975, Notice of Review. On
June 16, 1976, the Service published a proposed rule (41 FR 24523) to
determine approximately 1,700 vascular plant taxa, including Erigeron
maguirei, to be endangered pursuant to section 4 of the Act.
The 1978 amendments to the Act required that all proposals over 2
years old be withdrawn. On December 10, 1979, the Service published a
notice (44 FR 70796) withdrawing that portion of the June 16, 1976,
proposal which had not been finalized. The withdrawal notice included
E. maguirei. The revised notice of review for plants published on
December 15, 1980 (45 FR 82480), included E. maguirei as a candidate
species. Section 4(b)(3)(B) of the 1982 amendments to the Act requires
that the Secretary of the Interior make a finding on a petition within
1 year of its receipt. In addition, Section 2(b)(1) of the 1982
amendments to the Act required that all petitions pending as of October
13, 1982, be treated as if newly submitted on that date. Erigeron
maguirei was therefore treated as a new petition with October 13, 1983,
as the deadline for a petition finding. On October 13, 1983, the
Service made a 12-month finding that the petition to list the species
was warranted, but precluded by other listing actions of a higher
priority. On July 27, 1984, the Service published a rule proposing E.
maguirei var. maguirei as an endangered species (49 FR 30211). The
final rule designating the species as endangered was published on
September 5, 1985 (50 FR 36090).
On September 27, 1985, the Service published a notice of review for
plants (50 FR 39526) which included E. maguirei var. harrisonii as a
candidate species. Erigeron maguirei var. harrisonii remained a
candidate through the revised plant notice of review published on
September 30, 1993 (58 FR 51144).
Recent taxonomic studies and status surveys (Heil 1989; U.S. Fish
and Wildlife Service 1994; Van Buren 1993; R. Van Buren, pers. comm.
1993) indicate that E. maguirei var. maguirei and E. maguirei var.
harrisonii are not taxonomically distinct. Since var. harrisonii is no
longer recognized, it has been removed from candidate status. The
Service published a Federal Register notice (59 FR 46219; September 7,
1994) proposing to change the entry for E. maguirei var. maguirei to
one for E. maguirei, with the understanding that this would include the
plants formerly recognized as var. harrisonii. This notice also
proposed to reclassify the species from endangered to threatened.
The processing of this final reclassification follows the Service's
final listing priority guidance published in the Federal Register on
May 16, 1996 (61 FR 24722). The guidance clarifies the order in which
the Service will process rulemakings following two related events: 1)
the lifting, on April 26, 1996, of the moratorium on final listings
imposed on April 10, 1995 (Public Law 104-6), and 2) the restoration of
significant funding for listing through passage of the omnibus budget
reconciliation law on April 26, 1996, following severe funding
constraints imposed by a number of continuing resolutions between
November 1995 and April 1996. The guidance calls for prompt processing
of draft listings, including final downlistings, that were already in
the Service's Washington office and already approved by the field and
regional offices when the severe funding constraints were imposed in
early fiscal year 1996. A draft of this rule was approved the Service's
Denver Regional Director on August 9, 1995, and transmitted to the
Washington office, where processing was postponed in favor of other,
higher priority listing actions.
Summary of Comments and Recommendations
In the September 7, 1994, proposed rule, and through associated
notifications, all interested parties (appropriate Federal and State
agencies, county governments, scientific organizations, and private
individuals) were requested to submit information that might contribute
to the development of a final rule for Erigeron maguirei. Newspaper
notices were published in the Salt Lake Tribune and the Desert News on
October 6, 1994, and the Emery County Progress on October 11, 1994. The
Service received a total of five comments on the proposed rule. The
major issues raised by the commentors are addressed in the following
summary:
Issue 1: Recent inventories in the San Rafael Swell have increased
the known distribution of E. maguirei from 1 to 10 sites and from less
than 10 individuals to between 1,000 and 2,000 over a range of 50
kilometers (30 miles). A portion of the species' distribution is
located in the Sid's Mountain Wilderness Study Area. There are few
threats to the species because of the Wilderness Study Area's
inaccessibility.
Service Response: The expansion in the range and the discovery of
new populations are a primary reason for the Service's reclassification
of the species from endangered to threatened.
[[Page 31056]]
However, even with this increase in population size, the species
remains rare and is restricted to certain sites that are vulnerable to
habitat destruction. Several populations continue to be impacted by
human and livestock trampling, especially in wash bottoms. The long-
term protection of the species in the Sid's Mountain Wilderness Study
Area is uncertain, since the area has not been officially designated as
a wilderness area. Without such designation, the area could be opened
to various uses and development.
Issue 2: Given the uncertainty of world market conditions for
uranium, uranium mining is unlikely to occur in the species' habitat.
Over a period of time, existing claims will likely be abandoned.
Service Response: Uranium mining claim assessment work continues in
or near populations of E. maguirei. The Service is concerned that
mineral extraction could begin as soon as market conditions change and
thus pose a serious threat to the species. Mining activities and
associated surface disturbances could directly or indirectly destroy
plants or render the habitat unsuitable for the species.
Issue 3: The Service did not change the status of E. maguirei var.
harrisonii from category 2 to category 1 in the notice of review as a
consequence of Heil's (1989) report.
Service Response: Heil (1989) postulated that E. maguirei var.
harrisonii might not be taxonomically distinct at the varietal level.
Erigeron maguirei var. harrisonii remained a category 2 species until
the taxonomic issue was resolved. Once the Service determined that E.
maguirei var. maguirei and var. harrisonii were not taxonomically
distinct, var. harrisonii was removed from candidate status.
Issue 4: The Service's proposed rule identified five populations of
E. maguirei. Based on effective pollinator distances, at least 10
separate populations should be recognized.
Service Response: The Service grouped the species occurrences into
five population clusters for convenience of discussion in the proposed
rule. After reviewing the public comments and available information,
the Service made a revision in the rule and will use 12 populations as
a frame of reference for discussing the species' distribution. This is
more closely aligned with the populations recognized by the Bureau of
Land Management (BLM) and others.
Summary of Factors Affecting the Species
After a thorough review and consideration of all available
information, the Service has determined that Erigeron maguirei should
be reclassified from an endangered to a threatened species. Procedures
found at section 4(a)(1) of the Act and regulations implementing the
listing provisions of the Act (50 CFR 424) were followed. A species may
be determined to be threatened due to one or more of the five factors
described in section 4(a)(1). These factors and their application to
Erigeron maguirei Cronquist (Maguire daisy) are as follows:
A. The Present or Threatened Destruction, Modification, or Curtailment
of Its Habitat or Range
The habitat of Erigeron maguirei is threatened with modification or
destruction by off-road vehicle use and mining claim assessment work.
Off-road vehicle use is a potential threat to populations located in
accessible washes. Uranium ore deposits are known to occur within the
species' habitat. Annual assessment work on uranium claims and other
minerals is adversely impacting the species and its habitat (U.S. Fish
and Wildlife Service 1994). Any future development of these mineral
deposits or associated surface disturbances could be detrimental to the
species and its habitat. Additionally, human and livestock trampling
are known to adversely impact individual plants. Human foot traffic off
established trails in Capitol Reef National Park is affecting one
population (Heil 1989; K. Heil, pers. comm. 1994). Trampling from human
foot traffic is a potential threat to the species throughout its scenic
canyon habitat in the San Rafael Swell and Capitol Reef areas.
Livestock trampling has affected all populations, including those in
Capitol Reef National Park. Unlike most National Parks, Capitol Reef
National Park is not closed to livestock grazing. Livestock trampling
negatively impacts individuals of E. maguirei growing in accessible
wash bottoms. This results in the species being restricted to less
suitable habitat in the sandstone crevices of the adjoining slickrock
canyon walls.
B. Overutilization for Commercial, Recreational, Scientific, or
Educational Purposes
None known.
C. Disease or Predation
Under certain conditions, E. maguirei may be vulnerable to
livestock grazing. Concentrations of livestock in localized areas,
specifically wash bottoms that have limited vegetation, may result in
E. maguirei being grazed by livestock.
D. The Inadequacy of Existing Regulatory Mechanisms
Through management plans, the BLM and National Park Service (NPS)
have provided some protection for E. maguirei and its habitat in the
San Rafael Swell and Capitol Reef areas. It is believed that these
Federal agencies will continue to assist in the protection and recovery
of this plant as a threatened species.
E. Other Natural or Manmade Factors Affecting Its Continued Existence
The small population size and restricted habitat of E. maguirei
make this plant vulnerable to natural or human-caused catastrophic
disturbances. Low population numbers, geographic separation, and
reproductive isolation may contribute to reduced genetic viability in
each of the individual populations. The accumulation and expression of
phenotypic lethal alleles in the gene pool is highly probable since
small inbreeding populations become increasingly homozygous over time
(R. Van Buren, pers. comm. 1993). It is not presently known whether
there are sufficient numbers of individuals to ensure the long-term
survival of the species (U.S. Fish and Wildlife Service 1994).
The Service has carefully assessed the best available scientific
and commercial information regarding past, present, and future threats
faced by this species. Based on this evaluation, the preferred action
is to list E. maguirei as a threatened species. Information gathered
from surveys and recovery efforts conducted by the Service, BLM, and
NPS have documented additional numbers of plants and indicated that
some populations are relatively secure and adequately protected (Kass
1990). Consequently, the Service finds that the present magnitude of
threats is significantly less than when E. maguirei var. maguirei was
first listed as endangered in 1985. The Service concludes that the
species no longer warrants listing as endangered under the Act.
Nevertheless, with less than 3,000 known individuals existing in only
12 populations, the long-term survival of E. maguirei continues to be
threatened by current and potential habitat disturbance from mining and
recreational activities and livestock trampling. Additionally, the
species' small, reproductively isolated populations may be subject to
long-term genetic impoverishment due to their restricted gene pools.
Therefore, the Service has determined that E. maguirei
[[Page 31057]]
should be listed as threatened without the designation of critical
habitat.
Critical Habitat
Section 4(a)(3) of the Act, as amended, requires that to the
maximum extent prudent and determinable, the Secretary propose critical
habitat at the time a species is proposed for listing as endangered or
threatened. The Service finds that designation of critical habitat is
not prudent for E. maguirei. Designation of critical habitat would
entail publishing a detailed map and description of critical habitat in
the Federal Register, which could expose the species to threats of
vandalism.
Moreover, few additional benefits would be provided to the species
by designation of critical habitat since most of the small, isolated
populations are located on Federal lands. Any Federal action that would
impact the species' habitat would be addressed through the section 7
consultation process. Section 9(a)(2)(B) of the Act makes it unlawful
to remove and reduce to possession any listed plant from any area under
Federal jurisdiction. The NPS and BLM are aware of the occurrence of E.
maguirei on lands under their jurisdiction and of their legal
obligation to protect listed plants. Protection of the species' habitat
will be accomplished through the recovery process.
Effects of the Rule
This rule changes the status of Erigeron maguirei from endangered
to threatened and formally recognizes that this species is no longer in
imminent danger of extinction throughout a significant portion of its
range. Reclassification to threatened does not significantly alter the
protection afforded this species under the Act.
Section 7(a) of the Act requires Federal agencies to evaluate their
actions with respect to any listed species. The consultation and other
requirements of section 7 apply equally to endangered and threatened
species. Virtually all known populations of E. maguirei occur on lands
under the jurisdiction of the BLM or NPS. Those two agencies have been
involved in recovery and section 7 consultation activities for this
species since it was listed as endangered in 1985 and are likely to
remain involved. Recovery activities are not expected to diminish since
the primary objective of the recovery strategy is delisting of the
species. The final recovery plan will reflect information acquired
since the plan was drafted.
Certain prohibitions that apply to endangered plants do not apply
to plants listed as threatened. The removal and reduction to possession
of E. maguirei from areas under Federal jurisdiction continues to be
prohibited under section 9 of the Act and 50 CFR 17.71. However, the
malicious damage or destruction of endangered plants on areas under
Federal jurisdiction, and the removal, cutting, digging up or damage or
destruction of endangered species on any other area in knowing
violation of any State law or regulation or in the course of any
violation of a State criminal trespass law will no longer constitute a
violation of section 9. The import, export, and interstate and foreign
commerce prohibitions of section 9 continue to apply to E. maguirei.
Pursuant to section 10 of the Act and 50 CFR 17.72, permits may be
issued to carry out otherwise prohibited activities involving
threatened plants. Such permits are available for scientific purposes
and to enhance the propagation or survival of endangered and threatened
species. For threatened plants, permits also are available for
botanical or horticultural exhibition, educational purposes, or special
purposes consistent with the purposes and policy of the Act. Requests
for copies of the regulations regarding listed species and inquiries
about prohibitions and permits may be addressed to the Field Supervisor
of the Service's Salt Lake City Field Office (see ADDRESSES section).
This reclassification is not an irreversible commitment on the part
of the Service. Reclassifying E. maguirei to endangered would be
possible should changes occur in management, habitat, or other factors
that alter the present threats to the species' survival and recovery.
National Environmental Policy Act
The Fish and Wildlife Service has determined that Environmental
Assessments and Environmental Impact Statements, as defined under the
authority of the National Environmental Policy Act of 1969, need not be
prepared in connection with regulations adopted pursuant to section
4(a) of the Endangered Species Act of 1973, as amended. A notice
outlining the Service's reasons for this determination was published in
the October 25, 1983 Federal Register (48 FR 49244).
References Cited
Cronquist, A. 1947. Revision of the North American species of Erigeron,
north of Mexico. Brittonia 6(2):1-302.
Cronquist, A. 1994. Volume 5, Asterales, intermountain flora; vascular
plants of the Intermountain West, U.S.A. The New York Botanical Garden,
Bronx, New York. 496 pp.
Heil, K.D. 1989. A vegetation study of Capitol Reef National Park--
endangered, threatened, rare, and other plants of concern at Capitol
Reef National Park. National Park Service, Torrey, Utah.
Kass, R.J. 1990. Final report--habitat inventory of threatened and
endangered and candidate plant species in the San Rafael Swell, Utah.
Bureau of Land Management, Salt Lake City, Utah. 87 pp.
U.S. Fish and Wildlife Service. 1994. Maguire daisy (Erigeron maguirei)
draft recovery plan. U.S. Fish and Wildlife Service, Salt Lake City,
Utah. 20 pp.
Van Buren, R. 1993. Randomly amplified polymorphic DNA and resolution
of classification problems in Erigeron (Asteraceae). Report prepared
for the U.S. Fish and Wildlife Service, Salt Lake City, Utah. 10 pp.
(Abstracted in the American Journal of Botany 81(6):197-198. 1994.)
Welsh, S.L. 1983a. A bouquet of daisies (Erigeron, Compositae). Great
Basin Naturalist 43(2):179-357.
Welsh, S.L. 1983b. Utah flora: Compositae (Asteraceae). Great Basin
Naturalist 43(2):365-368.
Welsh, S.L., N.D. Atwood, L.C. Higgins, and S. Goodrich. 1987. A Utah
flora. Great Basin Nat. Mem. 9:1-894.
Welsh, S.L., N.D. Atwood, S. Goodrich, and L.C. Higgins. 1993. A Utah
flora, second edition, revised. Brigham Young University Press, Provo,
Utah. 986 pp.
Author
The primary author of this final rule is John L. England (see
ADDRESSES section).
List of Subjects in 50 CFR Part 17
Endangered and threatened species, Exports, Imports, Reporting and
recordkeeping requirements, and Transportation.
Regulation Promulgation
Accordingly, part 17, subchapter B of chapter I, title 50 of the
Code of Federal Regulations, is amended as set forth below:
PART 17--[AMENDED]
1. The authority citation for Part 17 continues to read as follows:
Authority: 16 U.S.C. 1361-1407; 16 U.S.C. 1531-1544; 16 U.S.C.
4201-4245; Pub. L. 99-625, 100 Stat. 3500; unless otherwise noted.
[[Page 31058]]
Sec. 17.12 [Amended]
2. Section 17.12(h) is amended by removing the entry for Erigeron
maguirei var. maguirei and adding the following, in alphabetical order
under FLOWERING PLANTS, to the List of Endangered and Threatened Plants
to read as follows:
Sec. 17.12 Endangered and Threatened Plants.
* * * * *
(h) * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
Species
--------------------------------------------------------- Historic range Family Status When listed Critical Special
Scientific name Common name habitat rules
--------------------------------------------------------------------------------------------------------------------------------------------------------
Flowering Plants
* * * * * * *
Erigeron maguirei............. Maguire daisy....... U.S.A. (UT)......... Asteraceae.......... T 202,584 NA NA
* * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
Dated: May 29, 1996.
John G. Rogers,
Acting Director, Fish and Wildlife Service.
[FR Doc. 96-15571 Filed 6-18-96; 8:45 am]
BILLING CODE 4310-55-P
Complete official Federal Register PDF
FR Doc. 96-15567 Animal Drugs, Feeds, and Related Products; Spectinomycin Injection
[Federal Register Volume 61, Number 119 (Wednesday, June 19, 1996)]
[Rules and Regulations]
[Page 31028]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-15567]
-----------------------------------------------------------------------
DEPARTMENT OF HEALTH AND HUMAN SERVICES
21 CFR Parts 522 and 556
Animal Drugs, Feeds, and Related Products; Spectinomycin
Injection
AGENCY: Food and Drug Administration, HHS.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Food and Drug Administration (FDA) is amending the animal
drug regulations to reflect approval of an abbreviated new animal drug
application (ANADA) filed by The Upjohn Co. The ANADA provides for
subcutaneous use of a generic spectinomycin sterile solution in turkey
poults and newly-hatched chicks as an aid in the control of bacterial
respiratory infections, airsacculitis, and mortality. The regulations
are also amended to add a tolerance for spectinomycin residues in
turkey tissues.
EFFECTIVE DATE: June 19, 1996.
FOR FURTHER INFORMATION CONTACT: Melanie R. Berson, Center for
Veterinary Medicine (HFV-135), Food and Drug Administration, 7500
Standish Pl., Rockville, MD 20855, 301-594-1643.
SUPPLEMENTARY INFORMATION: The Upjohn Co., Agricultural Division,
Kalamazoo, MI 49001-0199, is the sponsor of ANADA 200-127 which
provides for the use of a generic spectinomycin dihydrochloride
pentahydrate sterile solution (500 milliliter (mL) vial; 100 milligrams
of spectinomycin activity per mL). The generic drug product is
administered subcutaneously to 1- to 3-day-old turkey poults as an aid
in the control of chronic respiratory disease (CRD) and airsacculitis
and 1- to 3-day-old chicks as an aid in the control of mortality and to
lessen the severity of respiratory infections, caused by certain
microbial species sensitive to spectinomycin.
Approval of ANADA 200-127 for The Upjohn Co.'s spectinomycin
dihydrochloride pentahydrate sterile solution is as a generic copy of
Rhone Merieux's (formerly Sanofi Animal Health) NADA 040-040 for
Spectam Injectable. The ANADA is approved as of May 9, 1996,
and the regulations are amended in 21 CFR 522.2120 to reflect the
approval. The basis for approval is discussed in the freedom of
information summary.
Spectinomycin was originally approved based on the negligible
tolerance concept. A negligible tolerance has been applied to animal
drug residues when the supporting toxicological data are of subchronic
(90-day) duration. The ``negligible tolerance'' concept is based on two
precepts: (1) The residue present is at a level of insignificance and
(2) the safety of the residue is supported by limited toxicological
data. The upper level for a drug residue to qualify for ``negligible
tolerance'' is considered customarily to be 0.1 part per million (ppm)
residue in tissue. Therefore, the tolerance for spectinomycin residues
in edible tissues is the same for all species in which the drug is
approved. Accordingly, 21 CFR 556.600 is amended to apply the tolerance
of 0.1 ppm to edible turkey tissues.
In accordance with the freedom of information provisions of part 20
(21 CFR part 20) and Sec. 514.11(e)(2)(ii) (21 CFR 514.11(e)(2)(ii)), a
summary of safety and effectiveness data and information submitted to
support approval of this application may be seen in the Dockets
Management Branch (HFA-305), Food and Drug Administration, 12420
Parklawn Dr., rm. 1-23, Rockville, MD 20857, between 9 a.m. and 4 p.m.,
Monday through Friday.
The agency has determined under 21 CFR 25.24(d)(1)(i) 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.
List of Subjects
21 CFR Part 522
Animal drugs.
21 CFR Part 556
Animal drugs, Foods.
Therefore, under the Federal Food, Drug, and Cosmetic Act and under
authority delegated to the Commissioner of Food and Drugs and
redelegated to the Center for Veterinary Medicine, 21 CFR parts 522 and
556 are amended to read as follows:
PART 522--IMPLANTATION OR INJECTABLE DOSAGE FORM NEW ANIMAL DRUGS
1. The authority citation for 21 CFR part 522 continues to read as
follows:
Authority: Sec. 512 of the Federal Food, Drug, and Cosmetic Act
(21 U.S.C. 360b).
2. Section 522.2120 is amended by revising paragraph (b) and by
amending paragraph (d)(4) by removing ``M. mileagridis'' and adding in
its place ``M. meleagridis'' to read as follows:
Sec. 522.2120 Spectinomycin injection.
* * * * *
(b) Sponsor. In Sec. 510.600 of this chapter, see Nos. 000033 and
050604 for conditions of use as in paragraph (d) of this section, and
see No. 000009 for conditions of use as in paragraph (d)(2) and (d)(4)
of this section.
* * * * *
PART 556--TOLERANCES FOR RESIDUES OF NEW ANIMAL DRUGS IN FOOD
3. The authority citation for 21 CFR part 556 continues to read as
follows:
Authority: Secs. 402, 512, 701 of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 342, 360b, 371).
4. Section 556.600 is revised to read as follows:
+Sec. 556.600 Spectinomycin.
A tolerance of 0.1 part per million is established for negligible
residues of spectinomycin in the uncooked edible tissues of chickens
and turkeys.
Dated: June 10, 1996.
Stephen F. Sundlof,
Director, Center for Veterinary Medicine.
[FR Doc. 96-15567 Filed 6-18-96; 8:45 am]
BILLING CODE 4160-01-F
Complete official Federal Register PDF
FR Doc. 96-15519 Nectarines and Peaches Grown in California; Revision of Handling Requirements for Fresh Nectarines and Peaches
[Federal Register Volume 61, Number 119 (Wednesday, June 19, 1996)]
[Rules and Regulations]
[Page 31006]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-15519]
-----------------------------------------------------------------------
DEPARTMENT OF AGRICULTURE
7 CFR Parts 916 and 917
[Docket No. FV95-916-4C]
Nectarines and Peaches Grown in California; Revision of Handling
Requirements for Fresh Nectarines and Peaches
AGENCY: Agriculutural Marketing Service, USDA.
ACTION: Interim final rule; correction.
-----------------------------------------------------------------------
SUMMARY: This document contains a correction to the interim final rule
published on March 27, 1996, concerning nectarines and peaches grown in
California.
EFFECTIVE DATE: April 1, 1996.
FOR FURTHER INFORMATION CONTACT:
Kenneth Johnson, Marketing Specialist, Marketing Order Administration
Branch, Fruit and Vegetable Division, AMS, USDA, P.O. Box 96456, Room
2523-S, Washington, DC 20090-6456; telephone: (202) 720-2861; or Terry
Vawter, Marketing Specialist, California Marketing Field Office,
Marketing Order Administration Branch, Fruit and Vegetable Division,
AMS, USDA, 2202 Monterey Street, Suite 102B, Fresno, California, 93721;
telephone: (209) 487-5901.
SUPPLEMENTARY INFORMATION:
Background
This rule revises handling requirements for California nectarines
and peaches under Marketing Orders 916 and 917 for the 1996 season.
This interim final rule enables handlers to continue shipping fresh
nectarines and peaches meeting consumer needs in the interest of
producers, handlers, and consumers of these fruits.
Need for Correction
In the interim final rule, FR Doc. 96-7438, published March 27,
1996, the Royal Glo nectarine variety was inadvertently placed under
the incorrect minimum size requirement and is in need of correction.
Correction of Publication
Accordingly, in FR Doc. 96-7438, page 13392, first column, the
words ``Royal Glo'', are removed from Sec. 916.356(a)(6) and added to
Sec. 916.356(a)(4) immediately following the words ``Rose Diamond.''
Dated: June 12, 1996.
Robert C. Keeney,
Director, Fruit and Vegetable Division.
[FR Doc. 96-15519 Filed 6-18-96; 8:45 am]
BILLING CODE 3410-02-M
Complete official Federal Register PDF
FR Doc. 96-15517 Bilingual Education: Graduate Fellowship Program
[Federal Register Volume 61, Number 119 (Wednesday, June 19, 1996)]
[Rules and Regulations]
[Pages 31350-31355]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-15517]
[[Page 31349]]
_______________________________________________________________________
Part VI
Department of Education
_______________________________________________________________________
34 CFR Parts 535 and 562
Bilingual Education: Graduate Fellowship Program; Final Rule
Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 /
Rules and Regulations
[[Page 31350]]
DEPARTMENT OF EDUCATION
34 CFR Parts 535 and 562
RIN 1885-AA21
Bilingual Education: Graduate Fellowship Program
AGENCY: Department of Education.
ACTION: Final Regulations.
-----------------------------------------------------------------------
SUMMARY: The Secretary adopts these regulations and adds a new Part 535
for the Bilingual Education: Graduate Fellowship Program, which is
authorized by section 7145 of the Elementary and Secondary Education
Act of 1965 (the Act), as amended by the Improving America's Schools
Act of 1994. The Bilingual Education: Graduate Fellowship Program
replaces the existing Bilingual Education Fellowship Program (34 CFR
Part 562) and expands the program to include post-doctoral fellowships.
EFFECTIVE DATE: These regulations take effect July 19, 1996.
FOR FURTHER INFORMATION CONTACT: Joyce Brown, U.S. Department of
Education, 600 Independence Avenue, SW., Room 5086, Switzer Building,
Washington, DC 20202-6510. Telephone: (202) 205-9727. Individuals who
use a telecommunications device for the deaf (TDD) may call the Federal
Information Relay Service (FIRS) at 1-800-877-8339 between 8 a.m. and 8
p.m., Eastern time, Monday through Friday.
SUPPLEMENTARY INFORMATION: These regulations implement statutory
changes made when the program was reauthorized by the Improving
America's Schools Act of 1994 (Pub. L. 103-382, enacted October 20,
1994). These regulations have been reviewed and revised in accordance
with the Department's ``Principles for Regulating,'' which were
developed to ensure that the Department regulates in the most flexible,
most equitable, and least burdensome way possible. These regulations
are necessary to implement the law and reflect the greatest flexibility
and least burden possible.
On November 9, 1995, the Secretary published a notice of proposed
rulemaking (NPRM) for this program in the Federal Register (60 FR
56920). The preamble to the NPRM (60 FR 56920-56922) included a summary
and discussion of the 1994 Amendments and other major issues that were
addressed in the proposed regulations.
There are a few substantive differences between the NPRM and these
final regulations. The Secretary has expanded the types of travel
expenses Fellows are authorized to make and has included in the
selection criteria for evaluating applications for participation in the
program for post-doctoral level fellowships consideration of whether
research plans and designs are reasonable and sound. In addition, the
Secretary inadvertently omitted 34 CFR Part 79 from the list of
regulations that apply to this program and has included it in the final
regulations. Although 34 CFR Part 79 exempts programs that make direct
payments to individuals, this program is not exempted because the
Department gives funds to institutions of higher education, which
distribute the funds to individual Fellows. Any other differences
between the NPRM and these final regulations are due to editorial and
technical revisions.
Analysis of Comments and Changes
In response to the Secretary's invitation in the NPRM, one party
submitted comments on the proposed regulations. An analysis of the
comments and of the changes in the regulations since publication of the
NPRM follows.
Major issues are grouped according to subject, with appropriate
sections of the regulations referenced in parentheses. Technical and
other minor changes--and suggested changes the Secretary is not legally
authorized to make under the applicable statutory authority--are not
addressed.
Purpose of the Program (Sec. 535.1)
Comments: One commenter suggested that the Secretary exclude
master's degree candidates from the program.
Discussion: One purpose of the professional development programs
under title VII is to assist in preparing educators to improve
educational services for limited English proficient children. To meet
that purpose, section 7145(a)(1) of the Act specifically authorizes the
Secretary to award fellowships for master, doctoral, and post-doctoral
study. The Secretary believes it is appropriate to assist individuals
pursuing master's degrees if the individuals are pursuing studies that
further the purpose of the program. If, in the future, the Secretary
does not believe it is useful to award fellowships to master's degree
candidates, the Secretary, through additional regulations, could limit
fellowships to doctoral and post-doctoral candidates.
Changes: None.
Financial Assistance (Sec. 535.3)
Comments: One commenter suggested that the Secretary authorize
travel expenses that are generally related to the academic program. The
commenter believed that the proposed requirement in the regulations
that travel be related to practice teaching or clinical experience was
too limited. The commenter noted that, in doctoral programs, there may
be many other reasons for travel, such as helping training or advancing
progress in the academic program.
The commenter also encouraged the Secretary to increase the monthly
stipend from $500 to $1,000 on the ground that the $500 limitation
combined with the provision restricting a Fellow to 20 hours of work
per week would create a financial hardship that could adversely affect
the Fellow's progress in the academic program.
Finally, the commenter recommended that post-doctoral fellowship
recipients who may be appointed for less than a calendar year (e.g.,
school year) receive a full fellowship.
Discussion: The Secretary agrees that the limitation on the types
of travel in the NPRM was too restrictive and has broadened the
provision in these final regulations.
However, the Secretary believes the $500 per month stipend for
masters and doctoral degree candidates combined with allowances for
travel and books and whatever the Fellow may earn as a part-time
employee is reasonable. The Secretary has balanced the Fellows' need
for support and the Department's desire to assist as many Fellows as
possible.
For post-doctoral Fellows, the full amount of the fellowship is
determined on a case-by-case basis depending on the application
submitted and the period of work proposed. The $40,000 amount is an
upper limit, not the amount each post-doctoral Fellow receives.
Changes: Section 535.3(a)(3) has been changed to allow travel
expenses for ``travel directly related to program of study.'' No other
changes have been made.
Selection Criteria for Post-Doctoral Level Fellowships (Sec. 535.23)
Comments: A commenter suggested that the Secretary increase the
maximum number of points that can be awarded for the ``Quality of key
faculty members'' selection criterion (Sec. 535.23(c)) from 20 to 25
points and decrease the maximum number of points that can be awarded
for the ``Proposed areas of research'' selection criterion
(Sec. 535.23(b)) from 35 to 30 points.
In Sec. 535.23(b), ``Proposed areas of research,'' the commenter
suggested combining the factors in (b)(1) with
[[Page 31351]]
(b)(3) and (b)(2) with (b)(4). The commenter stated that these factors
were similar enough to be combined and should be expanded to include
more types of research.
The commenter suggested that Sec. 535.23(b)(5) should be re-written
to include whether the research plan and design are reasonable and
sound. The commenter stated that the additional language is necessary
to ensure that secondary analysis of data collected by another entity
is considered valid and awarded points.
In addition, the commenter suggested that in Sec. 535.23(b)(6) the
Secretary should consider whether the application specifies a project
period for ``substantial progress'' in the study rather than limiting
the criterion to completion of the study. The commenter stated that
completion of a project is difficult for post-doctoral students who are
in a post-doctoral position for one year and that considering only
whether the study is to be completed within the specified project
period would be too narrow.
Discussion: The Secretary believes that the point distribution
among the criteria is appropriate and that the distinct factors give
applicants more direction in addressing each criterion.
The Secretary also believes the criteria do not need to be expanded
to include more types of research. The factors focus proposed research
on education and the primary purposes of the program.
In Sec. 535.23(b)(5) the Secretary agrees that considering only
data collection and the data analysis plan could be interpreted to
exclude secondary analysis of already-collected data. The Secretary did
not intend this interpretation and has clarified the regulatory
language.
The Secretary believes that Sec. 535.23(b)(6) is an appropriate
factor that is designed to evaluate the extent to which the applicant
has an intended and realistic completion schedule. The Secretary
understands that a Fellow's ultimate study may not be completed within
the period of the fellowship, but applicants may propose at least a
portion of a study that can be completed within the period of the
fellowship.
Changes: The Secretary has revised Sec. 535.23(b)(5) to include
consideration of whether the research plans and designs are reasonable
and sound.
Fellowship Period (Sec. 535.42)
Comments: A commenter suggested that the Secretary extend the
maximum number of years for which a doctoral fellowship is awarded to
five to include support for the last two years when a Fellow may be
completing a dissertation. The commenter stated that most doctoral
programs allow for the completion of the course work within three
years, but that the entire program may take up to five years to
complete.
Discussion: Because the Department has limited resources, the
Secretary must balance the amount and length of support that the
Department provides to one individual against providing support to more
individuals. The Secretary believes that supporting a doctoral Fellow
for three years is sufficient. Further, Sec. 535.42(b) provides that
the Secretary may extend a fellowship beyond the maximum period for
master's or doctoral Fellows under certain circumstances.
Changes: None.
Service Requirement, Repayment Schedule, and Accounting for the
Obligation (Secs. 535.50, 535.52, and 535.57)
Comments: One commenter suggested that the Secretary set the
service requirement start date, repayment schedule, and the obligation
account activation period at 12 months rather than the proposed 6
months. The commenter stated that more time is necessary because the
academic employment cycle begins in the fall and extends for a year.
The commenter stated that beginning the service requirement and
repayment schedule after 12 months would be more realistic.
Discussion: The Secretary is aware that some Fellows seeking
academic positions may not be able to secure employment within six
months. However, the Secretary believes that it would be unwise to
extend the period. The Department's experience has shown that if the
repayment procedures are not activated until 12 months, the Department
has more difficulty determining the status of Fellows. The regulations
in Sec. 535.54 do allow the Secretary to defer payment for a number of
reasons, including if the fellowship recipient demonstrates to the
Secretary's satisfaction that the fellowship recipient is
conscientiously seeking but is unable to secure employment.
Changes: None.
Paperwork Reduction Act of 1995
Under the Paperwork Reduction Act of 1995, no persons are required
to respond to a collection of information unless it displays a valid
OMB control number. The valid OMB control number assigned to the
collections of information in these final regulations is displayed at
the end of the affected sections of the regulations.
Intergovernmental Review
This program is subject to the requirements of Executive Order
12372 and the regulations in 34 CFR Part 79. The objective of the
Executive order is to foster an intergovernmental partnership and a
strengthened federalism by relying on processes developed by State and
local governments for coordination and review of proposed Federal
financial assistance.
In accordance with the order, this document is intended to provide
early notification of the Department's specific plans and actions for
this program.
Assessment of Educational Impact
In the notice of proposed rulemaking, the Secretary requested
comments on whether the proposed regulations would require transmission
of information that is being gathered by or is available from any other
agency or authority of the United States.
Based on the response to the proposed regulations and on its own
review, the Department has determined that the regulations in this
document do not require transmission of information that is being
gathered by or is available from any other agency or authority of the
United States.
List of Subjects
34 CFR Part 535
Bilingual education, Education, Educational research, Reporting and
recordkeeping requirements, Scholarships and fellowships, Teachers.
34 CFR Part 562
Bilingual education, Education, Educational research, Reporting and
recordkeeping requirements, Scholarships and fellowships, Teachers.
(Catalog of Federal Domestic Assistance Number 84.195C Bilingual
Education: Graduate Fellowship Program.)
Dated: June 13, 1996.
Delia Pompa,
Director, Office of Bilingual Education and Minority Languages Affairs.
The Secretary amends Title 34 of the Code of Federal Regulations as
follows:
PART 562--[REMOVED]
1. 34 CFR Part 562 is removed.
2. A new Part 535 is added to read as follows:
[[Page 31352]]
PART 535--BILINGUAL EDUCATION: GRADUATE FELLOWSHIP PROGRAM
Subpart A--General
Sec.
535.1 What is the Bilingual Education: Graduate Fellowship Program?
535.2 Who is eligible to participate in this program?
535.3 What financial assistance is available for fellowship
recipients?
535.4 What regulations apply?
535.5 What definitions apply?
Subpart B--How Does an IHE Apply To Participate in the Program?
535.10 How does an IHE apply to participate in the program?
535.11 What assurance must an application contain?
535.12 In what circumstances may an IHE waive the training
practicum requirement?
Subpart C--How Does the Secretary Approve an IHE's Participation?
535.20 How does the Secretary evaluate an application to
participate in this program for master's and doctoral level
fellowships?
535.21 What selection criteria does the Secretary use?
535.22 How does the Secretary evaluate an application to
participate in this program for post-doctoral study fellowships?
535.23 What selection criteria does the Secretary use?
Subpart D--How Does an Individual Apply for a Fellowship?
535.30 How does an individual apply for a fellowship?
Subpart E--How Are Fellows Selected?
535.40 How does the Secretary select Fellows?
535.41 Who may an IHE nominate for fellowships?
535.42 What is the period of a fellowship?
Subpart F--What Conditions Must Be Met by Fellows?
535.50 What is the service requirement for a fellowship?
535.51 What are the requirements for repayment of the fellowship?
535.52 What is the repayment schedule?
535.53 What is the rule regarding interest?
535.54 Under what circumstances is repayment deferred?
535.55 What is the length of the deferment of repayment?
535.56 Under what circumstances is repayment waived?
535.57 How shall the fellowship recipient account for the
obligation?
Authority: 20 U.S.C. 7475, unless otherwise noted.
Subpart A--General
Sec. 535.1 What is the Bilingual Education: Graduate Fellowship
Program?
The Bilingual Education: Graduate Fellowship Program provides
financial assistance, through institutions of higher education (IHEs),
to individuals who are pursuing master's, doctoral, or post-doctoral
study related to instruction of limited English proficient (LEP)
children and youth in areas such as teacher training, program
administration, research and evaluation, and curriculum development and
for the support of dissertation research related to this study.
(Authority: 20 U.S.C. 7475(a)(1))
Sec. 535.2 Who is eligible to participate in this program?
(a) An IHE is eligible to participate in this program.
(b) An individual who meets the eligibility requirements under
Sec. 535.41 may apply for a fellowship through an IHE participating in
this program.
(Authority: 20 U.S.C. 7475)
Sec. 535.3 What financial assistance is available for fellowship
recipients?
(a) The Secretary may authorize the following financial assistance
on an annual basis to master's and doctoral program fellowship
recipients:
(1) Tuition and fees--the usual costs associated with the course of
study.
(2) Books--up to $300.
(3) Travel--up to $250 for travel directly related to the program
of study.
(4) A stipend of up to $500 per month, including allowances for
subsistence and other expenses, for a participant and his or her
dependents, if the participant is--
(i) A full-time student in a program of study that was in the
approved application; and
(ii) Gainfully employed no more than 20 hours a week or the annual
equivalent of 1040 hours.
(b) The Secretary may authorize the following financial assistance
on an annual basis to post-doctoral fellowship recipients:
(1) A stipend of up to $40,000.
(2) Publications, research and scholarly materials, research-
related travel, and fees--up to $5,000.
(c) In authorizing assistance to fellowship recipients under
paragraphs (a) and (b) of this section, the Secretary considers the
amount of other financial compensation that the fellowship recipients
receive during the training period.
(Authority: 20 U.S.C. 7478)
Sec. 535.4 What regulations apply?
The following regulations apply to this program:
(a) 34 CFR 75.51 and 75.60 through 62.
(b) 34 CFR Part 77.
(c) 34 CFR Part 79.
(d) 34 CFR Part 85.
(e) The regulations in this Part 535.
(Authority: 20 U.S.C. 7475)
Sec. 535.5 What definitions apply?
(a) Definitions in the Act. (1) The following terms used in this
part are defined in section 7501 of the Act:
Bilingual education program
Children and youth
Limited English proficiency
Native Hawaiian or Native American Pacific Islander Native language
educational organization
Office
Other programs for persons of limited-English proficiency
(2) The following terms used in this part are defined in section
7104 of the Act:
Indian tribe
Tribally sanctioned educational authority
(3) The following terms used in this part are defined in section
14101 of the Act:
Institution of higher education
Local educational agency (LEA)
(b) Definitions in EDGAR. The following terms used in this part are
defined in 34 CFR 77.1:
Applicant
Application
Award
Department
EDGAR
Fiscal year
Project
Recipient
Secretary
State
State educational agency (SEA)
(c) Other definition. The following definition also applies to this
part:
Act means the Elementary and Secondary Education Act of 1965, as
amended.
(Authority: 20 U.S.C. 7475-7480)
Subpart B--How Does an IHE Apply To Participate in the Program?
Sec. 535.10 How does an IHE apply to participate in the program?
To apply for participation under this part, an IHE shall submit an
application to the Secretary that--
(a) Responds to the appropriate selection criteria in Secs. 535.21
and 535.23; and
(b) Requests a specific number of fellowships to be awarded in each
proposed language or other curriculum group for the fellowship period
specified in Sec. 535.42.
(Authority: 20 U.S.C. 7475)
[[Page 31353]]
Sec. 535.11 What assurance must an application contain?
An application that proposes to train master's or doctoral level
students with funds received under this part must provide an assurance
that the program will include a training practicum in a local school
program serving LEP students.
(Authority: 20 U.S.C. 7476(a)(3)(A))
Sec. 535.12 In what circumstances may an IHE waive the training
practicum requirement?
An IHE participating under this program may waive the requirement
in Sec. 535.11 for a training practicum for a master's or doctoral
degree candidate who has had at least one academic year of experience
in a local school program serving LEP students.
(Authority: 20 U.S.C. 7476(a)(3)(B))
Subpart C--How Does the Secretary Approve an IHE's Participation?
Sec. 535.20 How does the Secretary evaluate an application to
participate in this program for master's and doctoral level
fellowships?
(a) The Secretary evaluates an application to participate in this
program for master's and doctoral level fellowships on the basis of the
criteria in Sec. 535.21.
(b) The Secretary awards up to 100 points for these criteria.
(c) The maximum possible score for each criterion is indicated in
parentheses.
(d) After all the applications have been evaluated under
Sec. 535.21, the Secretary rank-orders the applications.
(e) The Secretary then determines the maximum number of fellowships
by language or other curriculum group that may be awarded at each IHE--
(1) Based on the IHE's capacity to provide graduate training in the
areas proposed for fellowship recipients; and
(2) To the extent feasible, in proportion to the need for
individuals with master's and doctoral degrees in the areas of training
proposed by the IHE.
(Authority: 20 U.S.C. 7475)
Sec. 535.21 What selection criteria does the Secretary use?
The Secretary uses the following selection criteria to evaluate an
application for participation in this program for master's and doctoral
level fellowships:
(a) Institutional commitment. (25 points) The Secretary reviews
each application to determine the quality of the institution's graduate
program of study, including consideration of--
(1) The extent to which the program has been adopted as a permanent
graduate program of study;
(2) The organizational placement of the program of study;
(3) The staff and resources that the IHE has committed to the
program;
(4) The IHE's demonstrated competence and experience in programs
and activities such as those authorized under the Act;
(5) The IHE's demonstrated experience in assisting fellowship
recipients to find employment in the field of bilingual education; and
(6) If the IHE has carried out a previous project with funds under
title VII of the Act, the applicant's record of accomplishments under
that previous project.
(b) Quality of the graduate academic program. (20 points) The
Secretary reviews each application to determine the quality of the
graduate program of study for which approval is sought, including--
(1) The course offerings and academic requirements for the graduate
program;
(2) The availability of related course offerings through other
schools or departments within the IHE;
(3) The IHE's focus and capacity for research;
(4) The quality of the standards used to determine satisfactory
progress in, and completion of, the program;
(5) The extent to which the program of study prepares Fellows to
improve the academic achievement of LEP children and youth; and
(6) In the case of a program designed to prepare trainers of
educational personnel for programs of bilingual instruction, the extent
to which the program incorporates the use of English and another
language to develop the Fellows' competencies as trainers of bilingual
educational personnel.
(c) Quality of key faculty members. (20 points) The Secretary
reviews each application to determine the qualifications of the key
faculty to be used in the program of study, including the extent to
which their background, education, research interests, and relevant
experience qualify them to plan and implement a successful program of
high academic quality related to instruction of LEP children and youth.
(d) Field-based experience. (15 points) The Secretary reviews each
application to determine the extent to which the program of study
provides field-based experience through arrangements with LEAs, SEAs,
or persons or organizations with expertise in programs for LEP children
and youth.
(e) Evidence of local or national need. (10 points) The Secretary
reviews each application to determine the need for more individuals
trained, at the graduate level, in the area of study proposed by the
applicant.
(f) Recruitment plan. (10 points) The Secretary reviews each
application to determine the quality of the applicant's plan for
recruitment and nomination of students.
(Approved by the Office of Management and Budget under control
number 1885-0001.)
(Authority: 20 U.S.C. 7475 and 7547)
Sec. 535.22 How does the Secretary evaluate an application to
participate in this program for post-doctoral study fellowships?
(a) The Secretary evaluates an application to participate in this
program for post-doctoral study fellowships on the basis of the
criteria in Sec. 535.23.
(b) The Secretary awards up to 100 points for these criteria.
(c) The maximum possible score for each criterion is indicated in
parentheses.
(d) After all the applications have been evaluated according to the
selection criteria, the Secretary rank-orders the applications.
(e) The Secretary designates the maximum number of fellowships that
may be awarded at each IHE based on the factors in Sec. 535.23 (a),
(c), and (d).
(Authority: 20 U.S.C. 7475)
Sec. 535.23 What selection criteria does the Secretary use?
The Secretary uses the following selection criteria to evaluate an
application for participation in this program for post-doctoral level
fellowships:
(a) Institutional commitment. (35 points) The Secretary reviews
each application to determine the overall strength of the applicant's
commitment to meeting the educational needs of LEP children and youth,
including consideration of--
(1) The IHE's demonstrated competence and experience in programs
and research activities such as those authorized under subpart 2 of
part A of title VII of the Act;
(2) The extent to which the IHE's research environment is
supportive of the success of post-doctoral Fellows in their research;
(3) The IHE's demonstrated experience in assisting fellowship
recipients to find employment in the field of bilingual education;
(4) The IHE's procedures for the dissemination and use of research
findings; and
(5) If the IHE has carried out a previous project with funds under
title VII of the Act, the applicant's record of
[[Page 31354]]
accomplishments under that previous project.
(b) Proposed areas of research. (35 points) The Secretary reviews
each application to determine to what extent--
(1) There is a clear description of the areas of research proposed
to be undertaken by the post-doctoral Fellows;
(2) The research to be undertaken by the post-doctoral Fellows is
likely to produce new and useful information;
(3) The areas of proposed research relate to the educational needs
of LEP children and youth and of the educational personnel that serve
that population;
(4) The outcomes of the research and study are likely to benefit
the defined target population by improving the academic achievement of
LEP children and youth;
(5) The data collection and data analysis plans or research plans
and designs are reasonable and sound; and
(6) A project period for completion of the study, consistent with
period of availability of post-doctoral fellowships in Sec. 535.42, is
specified.
(c) Quality of key faculty members. (20 points) The Secretary
reviews each application to determine the qualifications of the key
faculty likely to assist, guide, or mentor post-doctoral Fellows,
including the extent to which the faculty's background, education,
research interests, and relevant experiences qualify them to support
high-quality research and study performed by post-doctoral Fellows.
(d) Adequacy of resources. (10 points) The Secretary reviews each
application to determine to what extent--
(1) The facilities planned for use are adequate;
(2) The equipment and supplies planned for use are adequate; and
(3) The commitment of the applicant to provide administrative and
other necessary support is evident.
(Approved by the Office of Management and Budget under control
number 1885-0001.)
(Authority: 20 U.S.C. 7475)
Subpart D--How Does an Individual Apply for a Fellowship?
Sec. 535.30 How does an individual apply for a fellowship?
(a) An individual shall submit an application for a fellowship to
an IHE that has been approved for participation under Sec. 535.20 or
Sec. 535.22.
(b) Each participating IHE may establish procedures for receipt of
applications from individuals.
(Authority: 20 U.S.C. 7475)
Subpart E--How Are Fellows Selected?
Sec. 535.40 How does the Secretary select Fellows?
(a)(1) A participating IHE shall submit names of nominees to the
Secretary.
(2) If the IHE has more than one nominee, the IHE shall rank the
nominees in order of preference to receive a fellowship.
(b) The Secretary selects new Fellows according to the rank order
prepared by the IHE, subject to the maximum number of fellowships
designated for that IHE under Secs. 535.20 and 535.22.
(Approved by the Office of Management and Budget under control
number 1885-0001.)
(Authority: 20 U.S.C. 7475)
Sec. 535.41 Who may an IHE nominate for fellowships?
(a) In nominating individuals to receive master's and doctoral
level fellowships, an IHE shall nominate only individuals who--
(1) Have been accepted for enrollment as full-time students in an
approved course of study offered by the IHE;
(2) Have an excellent academic record;
(3) Are proficient in English and, if applicable, another language;
(4) Have experience in providing services to, teaching in, or
administering programs for LEP children and youth;
(5) Are planning to enter or return to a career in service to LEP
children and youth after completion of their studies;
(6) Are eligible to receive assistance under 34 CFR 75.60 and
75.61; and
(7)(i) Are citizens, nationals, or permanent residents of the
United States;
(ii) Are in the United States for other than temporary purposes and
can provide evidence from the Immigration and Naturalization Service of
their intent to become permanent residents; or
(iii) Are permanent residents of the Commonwealth of Puerto Rico,
Guam, American Samoa, the Virgin Islands, the Commonwealth of the
Northern Mariana Islands, the Republic of the Marshall Islands, the
Federated States of Micronesia, or the Republic of Palau.
(b) In nominating individuals to receive post-doctoral fellowships,
an IHE shall nominate only individuals who--
(1) Have doctoral degrees in relevant disciplines that qualify
those individuals to conduct independent research on educational
programs and policies for LEP children and youth; and
(2) Meet the criteria in paragraphs (a)(3) through (7) of this
section.
(Authority: 20 U.S.C. 7475)
Sec. 535.42 What is the period of a fellowship?
(a) Except as provided in paragraph (b) of this section, the
Secretary may award a fellowship--
(1) For a maximum of two one-year periods to an individual who
maintains satisfactory progress in a master's or post-doctoral program
of study; and
(2) For a maximum of three one-year periods to an individual who
maintains satisfactory progress in a doctoral program of study.
(b) Subject to the availability of funds, and if an IHE provides
adequate justification, the Secretary may extend a fellowship beyond
the maximum period to a master's or doctoral Fellow who, for
circumstances beyond the Fellow's control, is unable to complete the
program of study in that period.
(c) A fellowship recipient who seeks assistance beyond the initial
one-year period must be renominated by the participating IHE.
(d) Prior to approving nominations of new Fellows, the Secretary
may give preference to fellowship recipients in their second or third
year who maintain satisfactory progress in the program of study.
(Authority: 20 U.S.C. 7475)
Subpart F--What Conditions Must Be Met by Fellows?
Sec. 535.50 What is the service requirement for a fellowship?
(a) Upon selection for a fellowship, a Fellow shall sign an
agreement, provided by the Secretary, to work for a period equivalent
to the period of time that the Fellow receives assistance under the
fellowship in an activity--
(1) (i) Related to the program; or
(ii) Authorized under part A of title VII of the Act; and
(2) Approved by the Secretary.
(b) A fellowship recipient shall begin working in an activity
specified in paragraph (a) of this section within six months of the
date from which--
(1) The master's or doctoral recipient ceases to be enrolled at an
IHE as a full-time student; or
(2) The post-doctoral recipient completes the project period in the
approved program of study.
(Approved by the Office of Management and Budget under control
number 1885-0001.)
(Authority: 20 U.S.C. 7475(b))
Sec. 535.51 What are the requirements for repayment of the fellowship?
(a) A fellowship recipient who does not work in an activity
described in Sec. 535.50 shall repay the full amount of the fellowship.
(b) The Secretary prorates the amount a fellowship recipient is
required to
[[Page 31355]]
repay based on the length of time the fellowship recipient worked in an
authorized activity compared with the length of time the fellowship
recipient received assistance.
(Authority: 20 U.S.C. 7475(b))
Sec. 535.52 What is the repayment schedule?
(a) A fellowship recipient required to repay all or part of the
amount of the fellowship shall begin repayments--
(1) Within six months of the date the fellowship recipient meets
the criteria in Sec. 535.50(b)(1) or (2); or
(2) On a date and in a manner established by the Secretary, if the
fellowship recipient ceases to work in an authorized activity.
(b) A fellowship recipient must repay the required amount,
including interest, in a lump sum or installment payments approved by
the Secretary.
(c) The repayment period may be extended if the Secretary grants a
deferment under Sec. 535.54.
(Authority: 20 U.S.C. 7475(b))
Sec. 535.53 What is the rule regarding interest?
(a) In accordance with 31 U.S.C. 3717, the Secretary charges a
fellowship recipient interest on the unpaid balance that the fellowship
recipient owes.
(b) No interest is charged for the period of time--
(1) That precedes the date on which the fellowship recipient is
required to begin repayment; or
(2) During which repayment has been deferred under Sec. 535.54.
(Authority: 20 U.S.C. 7475(b))
Sec. 535.54 Under what circumstances is repayment deferred?
The Secretary may defer repayment if the fellowship recipient--
(a) Suffers from a serious physical or mental disability that
prevents or substantially impairs the fellowship recipient's
employability in an activity described in Sec. 535.50;
(b) Demonstrates to the Secretary's satisfaction that the
fellowship recipient is conscientiously seeking but is unable to secure
employment in an activity described in Sec. 535.50;
(c) In the case of a master's or doctoral fellowship recipient, re-
enrolls as a full-time student at an IHE;
(d) Is a member of the Armed Forces of the United States on active
duty;
(e) Is in service as a volunteer under the Peace Corps Act; or
(f) Demonstrates to the Secretary's satisfaction that the existence
of extraordinary circumstances prevents the fellowship recipient from
making a scheduled payment.
(Authority: 20 U.S.C. 7475(b))
Sec. 535.55 What is the length of the deferment of repayment?
(a) Unless the Secretary determines otherwise, a fellowship
recipient shall apply to renew a deferment on a yearly basis.
(b) Deferments for military or Peace Corps service may not exceed
three years.
(Authority: 20 U.S.C. 7475(b))
Sec. 535.56 Under what circumstances is repayment waived?
The Secretary may waive repayment if the fellowship recipient
demonstrates the existence of extraordinary circumstances that justify
a waiver.
(Authority: 20 U.S.C. 7475(b)(2))
Sec. 535.57 How shall the fellowship recipient account for the
obligation?
(a) Within six months of the date a fellowship recipient meets the
criteria in Sec. 535.50(b)(1) or (2), the fellowship recipient shall
submit to the Secretary one of the following items:
(1) A description of the activity in which the fellowship recipient
is employed.
(2) Repayment required under Secs. 535.51 and 535.52.
(3) A request to repay the obligation in installments.
(4) A request for a deferment or waiver as described in
Secs. 535.54 and 535.56 accompanied by a statement of justification.
(b) A fellowship recipient who submits a description of employment
under paragraph (a)(1) of this section shall notify the Secretary on a
yearly basis of the period of time during the preceding year that the
fellowship recipient was employed in the activity.
(c) A fellowship recipient shall inform the Secretary of any change
in employment status.
(d) A fellowship recipient shall inform the Secretary of any change
of address.
(e)(1) A fellowship recipient's failure to timely satisfy the
requirements in paragraphs (b) through (d) of this section results in
the fellowship recipient being in non-compliance or default status
subject to collection action.
(2) Interest and costs of collection may be collected in accordance
with 31 U.S.C. 3717 and 34 CFR Part 30.
(Approved by the Office of Management and Budget under control
number 1885-0001.)
(Authority: 20 U.S.C. 7475(b))
[FR Doc. 96-15517 Filed 6-18-96; 8:45 am]
BILLING CODE 4000-01-P
Complete official Federal Register PDF
FR Doc. 96-15516 William D. Ford Federal Direct Loan Program
[Federal Register Volume 61, Number 119 (Wednesday, June 19, 1996)]
[Rules and Regulations]
[Pages 31358-31362]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-15516]
[[Page 31357]]
_______________________________________________________________________
Part VII
Department of Education
_______________________________________________________________________
34 CFR Part 685
William D. Ford Federal Direct Loan Program; Final Rule
Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 /
Rules and Regulations
[[Page 31358]]
DEPARTMENT OF EDUCATION
34 CFR Part 685
RIN 1840-AC19
William D. Ford Federal Direct Loan Program
AGENCY: Department of Education.
ACTION: Final Regulations.
-----------------------------------------------------------------------
SUMMARY: This document contains corrections and other technical changes
to the William D. Ford Federal Direct Loan (Direct Loan) Program final
regulations published in the Federal Register on December 1, 1994 (59
FR 61664) and on December 1, 1995 (60 FR 61820 and 60 FR 61790). Most
of these changes apply to regulations governing the new income
contingent repayment plan, which becomes effective July 1, 1996.
However, several amendments correct provisions currently in effect.
EFFECTIVE DATE: These regulations take effect July 1, 1996.
FOR FURTHER INFORMATION CONTACT:
Ms. Rachel Edelstein, Program Specialist, Direct Loan Policy, Policy
Development Division, U.S. Department of Education, Room 3053, ROB-3,
600 Independence Avenue, SW., Washington, DC 20202-5400. Telephone:
(202) 708-9406. Individuals who use a telecommunications device for the
deaf (TDD) may call the Federal Information Relay Service (FIRS) at 1-
800-877-8339 between 8 a.m. and 8 p.m., Eastern time, Monday through
Friday.
SUPPLEMENTARY INFORMATION: The following regulations are amended to
clarify the provisions and to correct errors and omissions in the text
of the Direct Loan Program final regulations published on December 1,
1994 (59 FR 61664) and on December 1, 1995 (60 FR 61820 and 60 FR
61790).
Repayment Plans--Section 685.208(f)
The Secretary has amended section 685.208(f)(1) to clarify that,
for married borrowers, the borrower's repayment amount is based on the
Federal adjusted gross income (AGI) of the borrower and the borrower's
spouse, regardless of whether the borrower files a joint Federal income
tax return with his or her spouse or files a Federal income tax return
separately from his or her spouse. In addition, to simplify the
regulations, language alluding to joint repayment for married borrowers
has been removed because the subject is addressed in greater detail in
section 685.209(b).
The Secretary has also amended section 685.208(f)(2) to clarify
that the income contingent repayment plan in effect at the time the
borrower either enters repayment and selects the income contingent
repayment plan or changes from another repayment plan into the income
contingent repayment plan governs the method for determining the
borrower's monthly repayment amount under the income contingent
repayment plan. The proposed rule published on September 20, 1995,
clearly states the Secretary's intent to change the policy so that the
new income contingent repayment plan would apply to borrowers who
select the income contingent repayment plan when they enter repayment
and to borrowers who are in other repayment plans and switch into the
income contingent repayment plan on or after July 1, 1996 (see 60 FR
48849). While the preamble to the proposed rule clearly states the
Secretary's intended change in policy, this change was inadvertently
omitted from the regulations. Please note that, as the existing
regulations indicate, if the Secretary amends the regulations and a
borrower who is repaying under the existing income contingent repayment
plan submits a written request that the amended regulations apply to
the method of calculation of the borrower's loans, the Secretary would
grant the borrower's request.
Income Contingent Repayment Plan--Section 685.209
The preamble to the final regulations states, ``The Secretary has
decided to require a $5.00 minimum monthly payment of borrowers whose
calculated monthly payment amount is greater than $0 but less than or
equal to $5.00.'' Although the preamble to the final regulations
clearly states the Secretary's intended policy, this policy was
inadvertently omitted from the regulations. In order to clarify the
Secretary's intent, section 685.209(a)(6) has been added to the
regulations.
An incorrect cross reference has been corrected in paragraph
(c)(6)(ii) by removing ``Sec. 685.209(a)(3)'', and adding, in its
place, ``Sec. 685.209(c)(3).''
Origination of Loan by a Direct Loan Program School--Section 685.301
The terminology of this section has been changed to clarify that
schools certify loan information in the Direct Loan Program by means of
the origination process. Throughout this section, the word
``certification'' has been changed to ``origination.'' This change in
terminology does not reflect a change in policy or procedures. In the
Federal Family Education Loan (FFEL) Program, a financial aid
administrator signs the application, thereby certifying that the
borrower is eligible. In the Direct Loan Program, the process of
originating a loan is comparable to the FFEL certification process.
When the school originates the loan, the school is certifying the
borrower's eligibility. Paragraph (a)(6) has been amended to reflect
this concept. This technical change does not impose any new policies or
procedural requirements.
In addition, paragraph (a)(7) has been amended to specify that a
school may not assess a fee for the origination of a Direct Loan.
According to section 454(a)(6) of the Higher Education Act of 1965, as
amended, schools may not ``charge any fees of any kind, however
described, to student or parent borrowers for origination activities .
. . .'' This statutory requirement was inadvertently omitted from the
regulations.
Appendix A to Part 685--Income Contingent Repayment
The Secretary has updated the income percentage factors in the
appendix to reflect the Department of Health and Human Services (HHS)
Annual Update of the HHS Poverty guidelines, published in the Federal
Register on March 4, 1996. In addition, the examples of the calculation
of monthly repayment amounts and the charts showing sample repayment
amounts have been amended to reflect the updated income percentage
factors. Under the updated income percentage factors, at any given
income, borrowers' payments will be slightly lower than under the
income percentage factors published in the December 1, 1995
regulations. The Secretary believes the updated income percentage
factors more accurately reflect a borrower's ability to repay than
those previously published.
Waiver of Proposed Rulemaking
In accordance with the Administrative Procedure Act, 5 U.S.C. 553,
it is the practice of the Secretary to offer interested parties the
opportunity to comment on proposed regulations. However, the regulatory
changes in this document are necessary to correct minor technical
errors and omissions in the Direct Loan Program final regulations
published on December 1, 1994, and December 1, 1995. The changes in
this document do not establish any new rules. Therefore, the Secretary
has determined that publication of a proposed rule is unnecessary and
contrary to the public interest under 5 U.S.C. 553(b)(B). For the same
reasons, the Secretary also waives the 30-day delayed effective date
under 5 U.S.C. 553(d).
[[Page 31359]]
Executive Order 12866
These final regulations have been reviewed in accordance with
Executive Order 12866. Under the terms of the order, the Secretary has
assessed the potential costs and benefits of this regulatory action.
The potential costs associated with these final regulations are
those resulting from statutory requirements and those determined by the
Secretary as necessary for administering the program effectively and
efficiently. Burdens specifically associated with information
collection requirements, if any, are identified and explained elsewhere
in this preamble under the heading Paperwork Reduction Act of 1995.
In assessing the potential costs and benefits--both quantitative
and qualitative--of these final regulations, the Secretary has
determined that the benefits of the regulations justify the costs.
The Secretary has also determined that this regulatory action does
not unduly interfere with State, local, and tribal governments in the
exercise of their governmental functions.
Paperwork Reduction Act of 1995
These regulations have been examined under the Paperwork Reduction
Act of 1995 and have been found to contain no information collection
requirements.
Regulatory Flexibility Act Certification
The Secretary certifies that these regulations will not have
significant economic impact on a substantial number of small entities.
The regulations will affect borrowers who are in repayment. These
regulations contain technical amendments designed to clarify and
correct current regulations. The changes will not have a significant
economic impact on any small entities under the Regulatory Flexibility
Act.
Assessment of Educational Impact
The Secretary has determined that the regulations in this document
would not require transmission of information that is being gathered by
or is available from any other agency or authority of the United
States.
List of Subjects in 34 CFR Part 685
Administrative practice and procedure, Colleges and universities,
Education, Loan programs-education, Reporting and recordkeeping
requirements, Student aid, Vocational education.
(Catalog of Domestic Assistance Number: 84.268, William D. Ford,
Federal Direct Loan Program)
Dated: June 12, 1996.
Richard W. Riley,
Secretary of Education.
The Secretary amends Part 685 of Title 34 of the Code of Federal
Regulations as follows:
PART 685--[AMENDED]
1. The authority citation for Part 685 continues to read as
follows:
Authority: 20 U.S.C. 1087a et seq., unless otherwise noted.
2. Section 685.208 is amended by revising paragraphs (f) (1) and
(2) to read as follows:
Sec. 685.208 Repayment plans.
* * * * *
(f) * * *
(1) Under the income contingent repayment plan, a borrower's
monthly repayment amount is generally based on the total amount of the
borrower's Direct Loans, family size, and Adjusted Gross Income (AGI)
reported by the borrower for the most recent year for which the
Secretary has obtained income information. The borrower's AGI includes
the income of the borrower's spouse. A borrower shall make payments on
a loan until the loan is repaid in full or until the loan has been in
repayment through the end of the income contingent repayment period.
(2) The regulations in effect at the time a borrower enters
repayment and selects the income contingent repayment plan or changes
into the income contingent repayment plan from another plan govern the
method for determining the borrowers's monthly repayment amount for all
of the borrower's Direct Loans, unless--
* * * * *
3. Section 685.209 is amended by redesignating paragraphs (a) (6)
through (8) as (a) (7) through (9), respectively, and adding a new
paragraph (a)(6); and by removing ``Sec. 685.209(a)(3)'' in paragraph
(c)(6)(ii), and adding, in its place, ``Sec. 685.209(c)(3)'' to read as
follows:
Sec. 685.209 Income contingent repayment plan.
(a) * * *
(6) If a borrower's monthly payment is calculated to be greater
than $0 but less than or equal to $5.00, the amount payable by the
borrower shall be $5.00.
* * * * *
Sec. 685.301 [Amended]
4. Section 685.301 is amended by removing the word ``certify'' from
the introductory text in paragraph (a)(6) and adding, in its place,
``originate''; and paragraph (a)(7) is amended by adding, before the
period at the end of the sentence, ``or for the origination of a Direct
Loan''.
5. Appendix A is amended by revising the computations following
Example 1, Steps 2, 3, and 4; revising the computations following
Example 2, Steps 3, 4, and 5; revising the computations following the
Interpolation; and by revising the charts of Income Percentage Factors
(Based on Annual Income), Income Contingent Repayment Plan (Sample
First-Year Monthly Repayment Amounts for a Single Borrower at Various
Income and Debt Levels), and Income Contingent Repayment Plan (Sample
First-Year Monthly Repayment Amounts for a Married or Head-of-Household
Borrower at Various Income and Debt Levels) to read as follows:
Appendix A to Part 685--Income Contingent Repayment
* * * * * *
Example 1. * * *
Step 2: * * *
84.46% (0.8446) x 1,644.315=1,388.7884
Step 3: * * *
$25,000-$7,740=$17,260
$17,260 x 0.20=$3,452
Step 4: * * *
1,388.788412=$115.73
Example 2. * * *
Step 3: * * *
91.27% (0.9127) x 2,630.904=2,401.2261
Step 4: * * *
$30,000-$10,360=$19,640
$19,640 x 0.020=$3,928
Step 5: * * *
2,401.226112=$200.10
Interpolation: * * *
$27,904-$25,000=$2,904
* * * * *
88.77-84.46=4.31
* * * * *
$26,000-$25,000=$1,000
* * * * *
1,0002,904=0.3444
* * * * *
0.3444 x 4.31=1.48
* * * * *
1.48+84.46=85.94%
BILLING CODE 4000-01-P
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[GRAPHIC] [TIFF OMITTED] TR19JN96.027
[FR Doc. 96-15516 Filed 6-18-96; 8:45 am]
BILLING CODE 4000-01-C
Complete official Federal Register PDF
FR Doc. 96-15498 Airworthiness Directives; McDonnell Douglas Model DC-9 and C-9 (Military) Series Airplanes
[Federal Register Volume 61, Number 119 (Wednesday, June 19, 1996)]
[Rules and Regulations]
[Pages 31009-31013]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-15498]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
14 CFR Part 39
[Docket No. 94-NM-195-AD; Amendment 39-9671; AD 96-13-03]
RIN 2120-AA64
Airworthiness Directives; McDonnell Douglas Model DC-9 and C-9
(Military) Series Airplanes
AGENCY: Federal Aviation Administration, DOT.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This amendment supersedes an existing airworthiness directive
(AD), applicable to McDonnell Douglas Model DC-9 and C-9 (military)
series airplanes, that currently requires the implementation of a
program of structural inspections to detect and correct fatigue
cracking in order to ensure the continued airworthiness of these
airplanes as they approach the manufacturer's original fatigue design
life goal. This amendment requires, among other things, revision of the
existing program to require additional visual inspections of additional
structure. This amendment is prompted by new data submitted by the
manufacturer indicating that certain revisions to the program are
necessary in order to increase the confidence level of the statistical
program to ensure timely detection of cracks in various airplane
structures. The actions specified by this AD are intended to prevent
fatigue cracking that could compromise the structural integrity of
these airplanes.
DATES: Effective July 24, 1996.
The incorporation by reference of McDonnell Douglas Report No. L26-
008, ``DC-9 Supplemental Inspection Document (SID),'' Volume III-95,
dated September 1995, as listed in the regulations is approved by the
Director of the Federal Register as of July 18, 1996.
The incorporation by reference of McDonnell Douglas Report No. L26-
008, ``DC-9 Supplemental Inspection Document (SID),'' Volume III-92,
dated July 1992, was approved previously by the Director of the Federal
Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51 as of
March 14, 1994 (59 FR 6538, February 11, 1994).
ADDRESSES: The service information referenced in this AD may be
obtained from McDonnell Douglas Corporation, 3855 Lakewood Boulevard,
Long Beach, California 90846, Attention: Technical Publications
Business Administration, Department C1-L51 (2-60). This information may
be examined at the Federal Aviation Administration (FAA), Transport
Airplane Directorate, Rules Docket, 1601 Lind Avenue, SW., Renton,
Washington; or at the FAA, Los Angeles Aircraft Certification Office,
Transport Airplane Directorate, 3960 Paramount Boulevard, Lakewood,
California; or at the Office of the Federal Register, 800 North Capitol
Street, NW., suite 700, Washington, DC.
FOR FURTHER INFORMATION CONTACT: Sol Davis or David Hsu, Aerospace
Engineers, Airframe Branch, ANM-120L, FAA, Transport Airplane
Directorate, Los Angeles Aircraft Certification Office, 3960 Paramount
Boulevard, Lakewood, California 90712-4137; telephone (310) 627-5233
for Mr. Davis, or (310) 627-5323 for Mr. Hsu; fax (310) 627-5210.
SUPPLEMENTARY INFORMATION: A proposal to amend part 39 of the Federal
Aviation Regulations (14 CFR part 39) by superseding AD 94-03-01,
amendment 39-8807 (59 FR 6538, February 11, 1994), which is applicable
to certain McDonnell Douglas Model DC-9 and C-9 (military) series
airplanes, was published as a supplemental notice of proposed
rulemaking (NPRM) in the Federal Register on January 9, 1996 (61 FR
637). The action proposed to require additional visual inspections of
certain Principal Structural Elements (PSE's) on certain airplanes
listed in the Structural Inspection Document (SID) planning data; a
revision of the reporting requirements; an increase in the sample size
for one PSE; and deletion of the requirement to perform certain visual
inspections of the Fleet Leader Operator Sampling (FLOS) Principal
Structural Elements (PSE).
Interested persons have been afforded an opportunity to participate
in the making of this amendment. Due consideration has been given to
the comments received.
Support for the Proposal
One commenter supports the proposed rule.
Request To Extend the Compliance Time
One commenter requests that the compliance time for incorporating
the SID revision into the FAA-approved maintenance inspection program
be extended from the proposed 6 months to 1 year. This commenter also
requests a corresponding increase in the completion end dates for each
PSE inspection. The commenter states that it would have to special
schedule its fleet of airplanes to accomplish this program within the
proposed compliance time; this would entail considerable additional
expenses and schedule disruptions. Further, this commenter points out
that the SID program is becoming a larger and larger burden to
airlines.
The FAA does not concur with the commenter's request to extend the
compliance time. The FAA finds that changes in the program that are
described in Volume III-92 and Volume III-95 of McDonnell Douglas
Report No. L26-008, and required by this AD, introduce relatively minor
changes to the overall scope of the DC-9 SID program. In addition, the
FAA points out that Volume III-95 deletes the FLOS visual inspections
that were previously required by AD 94-03-01 and, thereby,
[[Page 31010]]
reduces the number of inspections required to be performed under the
program. With regard to these changes, the FAA cannot agree with the
commenters assertion the SID and, thus, this AD are becoming a ``larger
burden'' for operators.
Further, the proposed compliance time of 6 months was arrived at
with the previous concurrence of affected operators, manufacturers, and
the FAA. In light of these items, and in consideration of the amount of
time that has already elapsed since issuance of the original notice,
the FAA has determined that further delay of the implementation of the
requirements of this final rule action is not appropriate. However,
paragraph (d) of the final rule does provide affected operators the
opportunity to apply for an adjustment of the compliance time if
adequate data are presented to the FAA to justify such an adjustment.
Request To Revise Inspections to 100 Percent
One commenter requests that the PSE inspections be changed from
sampling to 100 percent inspections. The commenter considers that this
would eliminate the continual changes every year; thus, the program
would be more manageable and straightforward. In addition, the
commenter states that this would simplify scheduling of the SID
inspections, which would streamline the program by reducing the
workload for all parties concerned.
The FAA does not concur that a revision to the AD is necessary. The
inspections in the McDonnell Douglas SID programs were established
using specific criteria for determining whether a PSE should be defined
as FLOS, Fleet Leader Sample (FLS), or 100 percent. The manufacturer
established these criteria only after extensive and detailed
consultations with large numbers of operators and with the FAA. The FAA
finds that the 100 percent inspections are only necessary if an
insufficient number of samples exists in the operator's sample size to
use sampling concepts. However, if an operator has a sufficient number
of samples and elects to accomplish 100 percent inspections, it is the
operator's prerogative to do so.
Request To Permit Repairs in Accordance With SRM or DER Approval
Two commenters request that proposed paragraph (c) be revised to
permit repair of any cracked structure in a PSE found during any
inspection (i.e., a non-mandated or unscheduled inspection) to be
accomplished in accordance with the FAA-approved Structural Repair
Manual (SRM) or the Designated Engineering Representatives (DER) of the
McDonnell Douglas Corporation. One of these commenters states that the
current procedure for accomplishing the repair in accordance with a
method ``approved by the FAA'' takes too long, adversely impacts work
scheduling, and delays scheduled departure of airplanes.
The FAA does not concur with the commenters' request to revise
paragraph (c) of this AD. While DER's are authorized to determine
whether a design or repair method complies with a specific requirement,
they are not authorized to make the discretionary determination as to
what the applicable requirement is. Further, the SID program is based
upon cooperation between aircraft operators, the FAA, and the
manufacturer. The SID program functions most effectively in detecting
fatigue cracks if all findings of fatigue cracking are reported to
McDonnell Douglas as required by this AD. It is crucial that the FAA,
as well as McDonnell Douglas, be aware of all repairs made to PSE's.
Further, every repair of PSE structure requires a damage tolerance
assessment (DTA) to be performed (of the repair) in order to establish
its effect on the fatigue life of the affected structure. The DTA
process involves the review and use of type design data that are
proprietary and may not be available to those persons (such as a DER)
who are generally authorized to approve routine repairs. For this
reason, it is appropriate that the Manager of the Los Angeles Aircraft
Certification Office (ACO) be the focal point in the DTA approval
process.
In some cases, repairs are made to PSE structure as a result of
cracking that was found during an opportunity inspection (i.e., non-
mandated or unscheduled inspection), and the approval of the repair is
made without the coordination of the manufacturer or the Los Angeles
ACO. When the time arrives for that PSE to be inspected in accordance
with the AD, the PSE becomes a ``discrepant PSE.'' If a DTA were not
accomplished on the ``discrepant PSE'' at the time of the repair,
compliance with the AD could require that the repair be removed or
reworked at a later time. In either case, the Manager of the Los
Angeles ACO is tasked to ensure that all repairs to cracked PSE's
comply with the AD.
The FAA considers that any repair to cracked PSE's without the
required DTA can only be classified as ``interim'' or ``temporary,''
and will eventually require coordination with the Manager of the Los
Angeles ACO. Most methods of repair specified in the DC-9 Structural
Repair Manual, the relevant service bulletins, or DER-designed repairs
do not include a continuing inspection program to ensure that the
repair is inspected at an acceptable level of safety. A DTA can be done
most easily at the time of repair, rather than at a later date when the
details of the repair may be hard to obtain and, undoubtedly, would be
more costly. Currently, the Manager and staff of the Los Angeles ACO
are working very closely with the manufacturer to expedite interim
repair approval requests. Such requests may be made under the
provisions of paragraph (d) of the final rule.
Request for Clarification of Repair Requirements
One commenter requests clarification as to what area of the subject
structure is required to be repaired in accordance with a method
approved by the FAA. The commenter notes that McDonnell Douglas
maintains that the secondary structure in the general area of the PSE
is not part of the PSE inspection; therefore, repair of this area does
not require FAA approval if the area is found cracked during a SID
inspection. McDonnell Douglas also indicates that its DER's have been
given authority by the FAA to approve repairs for longerons 16 and 17
over the forward and aft cargo doors (PSE 53.09.001 and 53.09.035).
The FAA finds that clarification of this point is necessary. The
FAA points out that the SID program and this AD do not use the term
``secondary'' structure when referring to the PSE's. Volume 1, Section
1, of MDC Report No. L26-008 defines a PSE as structure whose failure,
if it remained undetected, could lead to the loss of the airplane. The
physical boundaries of PSE's are clearly defined in Volume 1, Sections
2 and 3, of the SID, MDC Report No. L26-008. Accordingly, the FAA
considers that the repair requirements of paragraph (c) of the AD are
not limited only to certain parts of the PSE's, as implied by the
commenter, but rather to any crack that is found within the physical
boundaries of any PSE. Therefore, the FAA finds that any cracked
structure, including the following cracks, must be repaired in
accordance with a method approved by the Manager, Los Angeles ACO.
Any crack that is found in longerons 16 and 17 within the
shaded area between STA. 362.500 and STA. 434.500 of PSE 53.09.001 (for
Model DC-9-30, -40, and -50 series airplanes)
Any crack that is found in longerons 16 and 17 within the
shaded area between STA. 710.500 and STA.
[[Page 31011]]
766.000 of PSE 53.09.035 (for Model DC-9-10, and -20 series airplanes)
Request To Eliminate Duplication of Reporting of Existing Repairs
This same commenter requests that the proposed rule be revised to
eliminate the duplication of reporting of existing repairs from one
inspection interval to the next. The commenter points out that the
proposed rule would require that all existing repairs in the PSE area
must be reported to McDonnell Douglas, along with details of each
repair.
The FAA does not consider that any action is necessary since the
rule does not require reporting relevant to existing repairs. However,
paragraphs (a)(3) and (b)(3) of the AD do require that all inspection
results (negative or positive) be reported to McDonnell Douglas.
Request To Refer to ``or Later FAA-Approved Revisions'' of the SID
One commenter requests that the proposed rule be revised to include
the phrase, ``or later FAA-approved revisions,'' when referring to the
SID document. The commenter states that this would allow operators to
revise their programs whenever a new revision to the SID is released,
and would eliminate the FAA's need to supersede the existing AD time
and again as new revisions of the SID are issued.
The FAA does not concur. To use the phrase, ``or later FAA-approved
revisions,'' in an AD when referring to the service document, violates
Office of the Federal Register (OFR) regulations regarding approval of
materials ``incorporated by reference'' in rules. In general terms,
these OFR regulations require that either the service document contents
be published as part of the actual AD language; or that the service
document be submitted for approval by the OFR as ``referenced''
material, in which case it may be only referred to in the text of an
AD. The AD may only refer to the service document that was submitted
and approved by the OFR for ``incorporation by reference.'' In order
for operators to use later revisions of the referenced document (issued
after the publication of the AD), either the AD must be revised to
reference the specific later revisions, or operators must request the
approval to use them as an alternative method of compliance with this
AD [under the provisions of paragraph (d)].
Conclusion
After careful review of the available data, including the comments
noted above, the FAA has determined that air safety and the public
interest require the adoption of the rule as proposed.
Cost Impact
There are approximately 889 Model DC-9 and C-9 (military) series
airplanes of the affected design in the worldwide fleet. The FAA
estimates that 568 airplanes of U.S. registry and 38 U.S. operators
will be affected by this AD.
Incorporation of the SID program into an operator's maintenance
program, as required by AD 94-03-01, takes approximately 1,062 work
hours (per operator) to accomplish, at an average labor rate of $60 per
work hour. Based on these figures, the cost to the 38 affected U.S.
operators of incorporating the revised procedures into the maintenance
program is estimated to be $2,421,360, or $63,720 per operator.
The incorporation of the revised procedures in this AD action will
require approximately 20 additional work hours per operator to
accomplish, at an average labor rate of $60 per work hour. Based on
these figures, the cost to the 38 affected U.S. operators to
incorporate these revised procedures into the SID program is estimated
to be $45,600, or $1,200 per operator.
The recurring inspection costs, as required by AD 94-03-01, take
362 work hours per airplane per year to accomplish, at an average labor
rate of $60 per work hour. Based on these figures, the recurring
inspection costs required by AD 94-01-03 are estimated to be
$12,336,960, or $21,720 per airplane.
The recurring inspection procedures added to the program by this AD
action will not add any new economic burden on affected operators,
since certain inspections are added while others are deleted.
Based on the figures discussed above, the cost impact of this AD is
estimated to be $12,382,560 for the first year, and $12,336,960 for
each year thereafter. These cost impact figures discussed above are
based on assumptions that no operator has yet accomplished any of the
requirements of this AD action. However, it can reasonably be assumed
that the majority of the affected operators have already initiated the
SID program (as required by AD 94-03-01).
Additionally, the number of required work hours for each required
inspection (and for the SID program revision), as indicated above, is
presented as if the accomplishment of those actions were to be
conducted as ``stand alone'' actions. However, in actual practice,
these actions for the most part will be accomplished coincidentally or
in combination with normally schedule airplane inspections and other
maintenance program tasks. Therefore, the actual number of necessary
additional work hours will be minimal in many instances. Further, any
cost associated with special airplane scheduling can be expected to be
minimal.
Regulatory Impact
The regulations adopted herein will 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 final
rule does not have sufficient federalism implications to warrant the
preparation of a Federalism Assessment.
For the reasons discussed above, I certify that this action (1) Is
not a ``significant regulatory action'' under Executive Order 12866;
(2) is not a ``significant rule'' under DOT Regulatory Policies and
Procedures (44 FR 11034, February 26, 1979); and (3) 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 final evaluation has been prepared for this action
and it is contained in the Rules Docket. A copy of it may be obtained
from the Rules Docket at the location provided under the caption
ADDRESSES.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.
Adoption of the Amendment
Accordingly, pursuant to the authority delegated to me by the
Administrator, the Federal Aviation Administration amends 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 39-8807 (59 FR
6538, February 11, 1994), and by adding
[[Page 31012]]
a new airworthiness directive (AD), amendment 39-9671, to read as
follows:
96-13-03 McDonnell Douglas: Amendment 39-9671. Docket 94-NM-195-AD.
Supersedes AD 94-03-01, Amendment 39-8807.
Applicability: Model DC-9-10, -20, -30, -40, -50, and C-9
(military) series airplanes; certificated in any category.
Compliance: Required as indicated, unless accomplished
previously.
To ensure the continuing structural integrity of these
airplanes, accomplish the following:
(a) Within 6 months after March 14, 1994 (the effective date of
AD 94-03-01, amendment 39-8807), incorporate a revision into the
FAA-approved maintenance inspection program which provides for
inspection(s) of the Principal Structural Elements (PSE) defined in
McDonnell Douglas Report No. L26-008, ``DC-9 Supplemental Inspection
Document (SID),'' Section 2 of Volume I of Revision 3, dated April
1991, in accordance with Section 2 of Volume III-92, dated July
1992, of the SID.
(1) Visual inspections of all PSE's on airplanes listed in
Volume III-92, dated July 1992, of the SID planning data, are
required by the fleet leader-operator sampling (FLOS) program at
least once during the interval between the start date (SDATE) and
the end date (EDATE) established for each PSE. These visual
inspections are defined in Section 3 of Volume II, dated April 1991,
of the SID, and are required only for those airplanes that have not
been inspected previously in accordance with Section 2 of Volume II,
dated April 1991, of the SID.
(2) The Non Destructive Inspection (NDI) techniques set forth in
Section 2 of Volume II, dated April 1991, of the SID provide
acceptable methods for accomplishing the inspections required by
this paragraph.
(3) All inspection results (negative or positive) must be
reported to McDonnell Douglas, in accordance with the instructions
contained in Section 2 of Volume III-92, dated July 1992, of the
SID. Information collection requirements contained in this
regulation have been approved by the Office of Management and Budget
(OMB) under the provisions of the Paperwork Reduction Act of 1980
(44 U.S.C. 3501 et seq.) and have been assigned OMB Control Number
2120-0056.
Note 1: Volume II, dated April 1991, of the SID is comprised of
the following:
------------------------------------------------------------------------
Revision
level
Volume designation shown on
volume
------------------------------------------------------------------------
Volume II-10/20.............................................. 3
Volume II-20/30.............................................. 4
Volume II-40................................................. 3
Volume II-50................................................. 3
------------------------------------------------------------------------
Note 2: NDI inspections accomplished in accordance with the
following Volume II of the SID provide acceptable methods for
accomplishing the inspections required by this paragraph:
------------------------------------------------------------------------
Revision
Volume designation level Date of revision
------------------------------------------------------------------------
Volume II-10/20................... 3 April 1991.
Volume II-10/20................... 2 April 1990.
12
Volume II-10/20................... 1 June 1989.
Volume II/20...................... (\1\) November 1987.
Volume II-20/30................... 4 April 1991.
Volume II-20/30................... 3 April 1990.
Volume II-20/30................... 2 June 1989.
Volume II-20/30................... 1 November 1987.
Volume II-40...................... 3 April 1991.
Volume II-40...................... 2 April 1990.
Volume II-40...................... 1 June 1989.
Volume II-40...................... (\1\) November 1987.
Volume II-50...................... 3 April 1991.
Volume II-50...................... 2 April 1990.
Volume II-50...................... 1 June 1989.
Volume II-50...................... (\1\) November 1987.
------------------------------------------------------------------------
\1\ Original.
(b) Within 6 months after the effective date of this AD, replace
the revision of the FAA-approved maintenance inspection program
required by paragraph (a) of this AD, with a revision that provides
for inspection(s) of the PSE's defined in McDonnell Douglas Report
No. L26-008, ``DC-9 Supplemental Inspection Document (SID),''
Section 2 of Volume I of McDonnell Douglas Report No. L26-008, ``DC-
9 Supplemental Inspection Document (SID),'' Revision 4, dated July
1993, in accordance with Section 2 of Volume III-95, dated September
1995, of the SID.
Note 3: Operators should note that certain visual inspections of
FLOS PSE's that were previously specified in earlier revisions of
Volume III of the SID are no longer specified in Volume III-95 of
the SID.
(1) Prior to reaching the threshold (Nth), but no earlier
than one-half of the threshold (Nth/2), specified for all PSE's
listed in Volume III-95, dated September 1995, of the SID, inspect
each PSE sample in accordance with the NDI procedures set forth in
Section 2 of Volume II, dated July 1993. Thereafter, repeat the
inspection for that PSE at intervals not to exceed DNDI/2 of the NDI
procedure that is specified in Volume III-95, dated September 1995,
of the SID.
(2) The NDI techniques set forth in Section 2 of Volume II,
dated July 1993, of the SID provide acceptable methods for
accomplishing the inspections required by this paragraph.
(3) All inspection results (negative or positive) must be
reported to McDonnell Douglas, in accordance with the instructions
contained in Section 2 of Volume III-95, dated September 1995, of
the SID. Information collection requirements contained in this
regulation have been approved by the Office of Management and Budget
(OMB) under the provisions of the Paperwork Reduction Act of 1980
(44 U.S.C. 3501 et seq.) and have been assigned OMB Control Number
2120-0056.
Note 4: Volume II, dated July 1993, of the SID is comprised of
the following:
------------------------------------------------------------------------
Revision
level
Volume designation shown on
volume
------------------------------------------------------------------------
Volume II-10/20.............................................. 4
Volume II-20/30.............................................. 5
Volume II-40................................................. 4
Volume II-50................................................. 4
------------------------------------------------------------------------
Note 5: NDI inspections accomplished in accordance with the
following Volume II of the SID provide acceptable methods for
accomplishing the inspections required by this paragraph:
------------------------------------------------------------------------
Revision
Volume designation level Date of revision
------------------------------------------------------------------------
Volume II-10/20................... 4 July 1993.
Volume II-10/20................... 3 April 1991.
Volume II-10/20................... 2 April 1990.
Volume II-10/20................... 1 June 1989.
Volume II/20...................... (\1\) November 1987.
Volume II-20/30................... 5 July 1993.
Volume II-20/30................... 4 April 1991.
14
Volume II-20/30................... 3 April 1990.
Volume II-20/30................... 2 June 1989.
Volume II-20/30................... 1 November 1987.
Volume II-40...................... 4 July 1993.
Volume II-40...................... 3 April 1991.
Volume II-40...................... 2 April 1990.
Volume II-40...................... 1 June 1989.
Volume II-40...................... (\1\) November 1987.
Volume II-50...................... 4 July 1993.
Volume II-50...................... 3 April 1991.
Volume II-50...................... 2 April 1990.
Volume II-50...................... 1 June 1989.
Volume II-50...................... (\1\) November 1987.
------------------------------------------------------------------------
\1\ Originals.
(c) Any cracked structure detected during the inspections
required by either paragraph (a) or (b) of this AD must be repaired
before further flight, in accordance with a method approved by the
Manager, Los Angeles Aircraft Certification Office (ACO), FAA,
Transport Airplane Directorate.
Note 6: Requests for approval of any PSE repair that would
affect the FAA-approved maintenance inspection program that is
required by this AD should include a damage tolerance assessment for
that PSE.
(d)(1) 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, Los Angeles Aircraft Certification
Office (ACO), FAA, Transport 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, Los Angeles ACO.
(d)(2) Alternative methods of compliance, approved in accordance
with AD 94-03-01, amendment 39-8807, are approved as alternative
methods of compliance with this AD.
Note 7: Information concerning the existence of approved
alternative methods of compliance with this AD, if any, may be
obtained from the Los Angeles ACO.
(e) Special flight permits may be issued in accordance with
sections 21.197 and 21.199
[[Page 31013]]
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.
(f) The actions shall be done in accordance with McDonnell
Douglas Report No. L26-008, ``DC-9 Supplemental Inspection Document
(SID),'' Volume III-92, dated July 1992; or McDonnell Douglas Report
No. L26-008, ``DC-9 Supplemental Inspection Document (SID),'' Volume
III-95, dated September 1995; as applicable. (NOTE: The issue/
publication date of Volume III-95 is indicated on the Record of
Revisions page.) The incorporation by reference of McDonnell Douglas
Report No. L26-008, ``DC-9 Supplemental Inspection Document (SID),''
Volume III-95, dated September 1995, is approved by the Director of
the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR
part 51. The incorporation by reference of McDonnell Douglas Report
No. L26-008, ``DC-9 Supplemental Inspection Document (SID),'' Volume
III-92, dated July 1992, was approved previously by the Director of
the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR
part 51 as of March 14, 1994 (59 FR 6538, February 11, 1994). Copies
may be obtained from McDonnell Douglas Corporation, 3855 Lakewood
Boulevard, Long Beach, California 90846, Attention: Technical
Publications Business Administration, Department C1-L51 (2-60).
Copies may be inspected at the FAA, Transport Airplane Directorate,
1601 Lind Avenue, SW., Renton, Washington; or at the FAA, Los
Angeles Aircraft Certification Office, Transport Airplane
Directorate, 3960 Paramount Boulevard, Lakewood, California; or at
the Office of the Federal Register, 800 North Capitol Street, NW.,
suite 700, Washington, DC.
(g) This amendment becomes effective on July 24, 1996.
Issued in Renton, Washington, on June 12, 1996.
James V. Devany,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 96-15498 Filed 6-18-96; 8:45 am]
BILLING CODE 4910-13-U
Complete official Federal Register PDF
FR Doc. 96-15482 1,1,1,2-Tetrafluoroethane; Tolerance Exemption
[Federal Register Volume 61, Number 119 (Wednesday, June 19, 1996)]
[Rules and Regulations]
[Pages 31042-31044]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-15482]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 180
[OPP-300417A; FRL-5376-3]
RIN 2070-AB78
1,1,1,2-Tetrafluoroethane; Tolerance Exemption
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This document establishes an exemption from the requirement of
a tolerance for residues of 1,1,1,2-tetrafluoroethane when used as an
inert ingredient (aerosol propellant) in insecticide formulations
intended to be applied in food handling establishments. This regulation
was requested by Whitmire Research Laboratories pursuant to the Federal
Food, Drug and Cosmetic Act (FFDCA).
EFFECTIVE DATE: This regulation becomes effective June 19, 1996.
ADDRESSES: Written objections, identified by the docket number, [OPP-
300417A] may be submitted to: Hearing Clerk (1900), Environmental
Protection Agency, Rm. M3708, 401 M St., SW., Washington, DC 20460. A
copy of any objections and hearing requests filed with the Hearing
Clerk should be identified by the docket number and submitted to:
Public Response and Program Resources Branch, Field Operations Division
(7506C), Office of Pesticide Programs, Environmental Protection Agency,
401 M St., SW., Washington, DC 20460. In person, bring copy of
objections and hearing request to: Rm. 1132, CM #2, 1921 Jefferson
Davis Hwy., Arlington, VA 22202. Fees accompanying objections shall be
labeled ``Tolerance Petition Fees'' and forwarded to: EPA Headquarters
Accounting Operations Branch, OPP (Tolerance Fees), P.O. Box 360277M,
Pittsburgh, PA 15251.
A copy of objections and hearing requests filed with the Hearing
Clerk may also be submitted electronically by sending electronic mail
(e-mail) to: [email protected]. Copies of objections and
hearing requests must be submitted as an ASCII file avoiding the use of
special characters and any form of encryption. Copies of objections and
hearing requests will also be accepted on disks in WordPerfect 5.1 file
format or ASCII file format. All copies of objections and hearing
requests in electronic form must be identified by the docket number
[OPP-300417A]. No Confidential Business Information (CBI) should be
submitted through e-mail. Electronic comments on this final rule may be
filed online at many Federal
[[Page 31043]]
Depository Libraries. Additional information on electronic submissions
can be found below in this document.
FOR FURTHER INFORMATION CONTACT: By mail: Amelia M. Acierto,
Registration Support Branch, Registration Division (7505W), Office of
Pesticide Programs, Environmental Protection Agency, 401 M St., SW.,
Washington, DC 20460. Office location and telephone number: Westfield
Building North, 6th Fl., 2800 Crystal Drive, Arlington, VA 22202, (703)
308-8375; e-mail: [email protected].
SUPPLEMENTARY INFORMATION: In the Federal Register of April 10, 1996
(61 FR 15913), EPA issued a proposed rule (FRL-5353-5) that gave notice
that Whitmire Research Laboratories, Inc., 3568 Tree Court Industrial
Boulevard, Saint Louis, MO 63122-6620 had submitted pesticide petition
(PP) 5E4439 to EPA requesting that the Administrator, pursuant to
section 408(e) of the Federal Food, Drug, and Cosmetic Act (FFDCA), 21
U.S.C. 346a(e), propose to amend 40 CFR 180.1001(c) by establishing an
exemption from the requirement of a tolerance for residues of 1,1,1,2-
tetrafluoroethane (HFC-134a) when used as an inert ingredient (aerosol
propellant) in insecticide formulations intended for application in
food handling establishments.
Inert ingredients are all ingredients that are not active
ingredients as defined in 40 CFR 153.125, and include, but are not
limited to, the following types of ingredients (except when they have a
pesticidal efficacy of their own): Solvents such as alcohols and
hydrocarbons; surfactants such as polyoxyethylene polymers and fatty
acids; carriers such as clay and diatomaceous earth; thickeners such as
carrageenan and modified cellulose; wetting, spreading, and dispersing
agents; propellants in aerosol dispensers; microencapsulating agents;
and emulsifiers. The term ``inert'' is not intended to imply
nontoxicity; the ingredient may or may not be chemically active.
There were no comments or requests for referral to an advisory
committee received in response to the proposed rule.
The data submitted relevant to the proposal and other relevant
material have been evaluated and discussed in the proposed rule. Based
on the data and information considered, the Agency concludes that the
tolerance exemption will protect the public health. Therefore, the
tolerance exemption is established as set forth below.
Any person adversely affected by this regulation may, within (30
days after publication of this document in the Federal Register), file
written objections and/or request a hearing with the Hearing Clerk, at
the address given above (40 CFR 178.20). A copy of the objections and/
or hearing requests filed with the Hearing Clerk should be submitted to
the OPP docket for this rulemaking. The objections submitted must
specify the provisions of the regulation deemed objectionable and the
grounds for the objections (40 CFR 178.25). Each objection must be
accompanied by the fee prescribed by 40 CFR 180.33(i). If a hearing is
requested, the objections must include a statement of the factual
issue(s) on which a hearing is requested, the requestor's contentions
on such issues, and a summary of any evidence relied upon by the
objector (40 CFR 178.27). A request for a hearing will be granted if
the Administrator determines that the material submitted shows the
following: There is a genuine and substantial issue of fact; there is a
reasonable possibility that available evidence identified by the
requestor would, if established, resolve one or more of such issues in
favor of the requestor, taking into account uncontested claims or facts
to the contrary; and resolution of the factual issue(s) in the manner
sought by the requestor would be adequate to justify the action
requested (40 CFR 178.32).
A record has been established for this rulemaking under docket
number [OPP-300417A] (including objections and hearing requests
submitted electronically as described below). A public version of this
record, including printed, paper versions of electronic comments, which
does not include any information claimed as CBI is available for public
inspection from 8 a.m. to 4:30 p.m., Monday through Friday, excluding
legal holidays. The public record is located in Room 1132 of the Public
Response and Program Resources Branch, Field Operations Division
(7506C), Office of Pesticide Programs, Environmental Protection Agency,
Crystal Mall #2, 1921 Jefferson Davis Highway, Arlington, VA.
Written objections and hearing requests, identified by the docket
number (OPP-insert number), may be submitted to the Hearing Clerk
(1900), Environmental Protection Agency, Rm. 3708, 401 M St., SW.,
Washington, DC 20460.
A copy of electronic objections and hearing requests filed with the
Hearing Clerk can be sent directly to EPA at:
[email protected]
A copy of electronic objections and hearing requests filed with the
Hearing Clerk must be submitted as an ASCII file avoiding the use of
special characters and any form of encryption.
The official record for this rulemaking, as well as the public
version, as described above will be kept in paper form. Accordingly,
EPA will transfer all comments received electronically into printed,
paper form as they are received and will place the paper copies in the
official rulemaking record which will also include all comments
submitted directly in writing. The official rulemaking record is the
paper record maintained at the address in ``ADDRESSES'' at the
beginning of this document.
Under Executive Order 12866 (58 FR 51735, October 4, 1993), the
Agency must determine whether the regulatory action is ``significant''
and therefore subject to all the requirements of the Executive Order
(i.e., Regulatory Impact Analysis, review by the Office of Management
and Budget (OMB)). Under section 3(f), the order defines
``significant'' as those actions likely to lead to a rule (1) having an
annual effect on the economy of $100 million or more, or adversely and
materially affecting a sector of the economy, productivity,
competition, jobs, the environment, public health or safety, or State,
local or tribal governments or communities (also known as
``economically significant''); (2) creating serious inconsistency or
otherwise interfering with an action taken or planned by another
agency; (3) materially altering the budgetary impacts of entitlement,
grants, user fees, or loan programs; or (4) raising novel legal or
policy issues arising out of legal mandates, the President's
priorities, or the principles set forth in this Executive Order.
Pursuant to the terms of this Executive Order, EPA has determined
that this rule is not ``significant'' and is therefore not subject to
OMB review.
This action does not impose any enforceable duty, or contain any
``unfunded mandates'' as described in Title II of the Unfunded Mandates
Reform Act of 1995 (Pub. L. 104-4), or require prior consultation as
specified by Executive Order 12875 (58 FR 58093, October 28, 1993),
entitled Enhancing the Intergovernmental Partnership, or special
consideration as required by Executive Order 12898 (59 FR 7629,
February 16, 1994).
Pursuant to the requirements of the Regulatory Flexibility Act (5
U.S.C. 601-612), the Administrator has determined that regulations
establishing new tolerances or raising tolerance
[[Page 31044]]
levels or establishing exemptions from tolerance requirements do not
have a significant economic impact on a substantial number of small
entities. A certification statement to this effect was published in the
Federal Register of May 4, 1981 (46 FR 24950).
List of Subjects in 40 CFR Part 180
Environmental protection, Administrative practice and procedure,
Agricultural commodities, Pesticides and pests, Reporting and
recordkeeping requirements.
Dated: June 4, 1996.
Stephen L. Johnson,
Director, Registration Division, Office of Pesticide Programs.
Therefore, 40 CFR part 180 is amended as follows:
PART 180--[AMENDED]
1. The authority citation for part 180 continues to read as
follows:
Authority: 21 U.S.C. 346a and 371.
2. In Sec. 180.1001, the table in paragraph (c) is amended by
adding alphabetically the inert ingredient 1,1,1,2-Tetrafluoroethane,
(CAS Reg. No. 811-97-2), to read as follows:
Sec. 180.1001 Exemptions from the requirement of a tolerance.
* * * * *
(c) * * *
------------------------------------------------------------------------
Inert ingredients Limits Uses
------------------------------------------------------------------------
* * * * * * *
1,1,1,2-Tetrafluoroethane, .............. Aerosol propellant
(CAS Reg. No. 811-97-2).
* * * * * * *
------------------------------------------------------------------------
* * * * *
[FR Doc. 96-15482 Filed 6-18-96; 8:45 am]
BILLING CODE 6560-50-F
Complete official Federal Register PDF
FR Doc. 96-15481 Quizalofop Ethyl; Pesticide Tolerance for Use on Pineapple
[Federal Register Volume 61, Number 119 (Wednesday, June 19, 1996)]
[Rules and Regulations]
[Pages 31041-31042]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-15481]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 180
[PP 5E4590/R2243; FRL-5373-5]
RIN 2070-AB78
Quizalofop Ethyl; Pesticide Tolerance for Use on Pineapple
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This document establishes a tolerance for the combined
residues of the herbicide quizalofop-p ethyl ester, its acid metabolite
quizalofop-p, and the S enantiomers of both the ester and the acid, all
expressed as quizalofop-p ethyl ester, in or on the raw agricultural
commodity pineapple. The Interregional Research Project No. 4 (IR-4)
requested the regulation to establish a maximum permissible level for
residues of the herbicide pursuant to the Federal Food, Drug and
Cosmetic Act (FFDCA).
EFFECTIVE DATE: This regulation becomes effective June 19, 1996.
ADDRESSES: Written objections and hearing requests, identified by the
docket number, [PP 5E4590/R2243], may be submitted to: Hearing Clerk
(1900), Environmental Protection Agency, Rm. M3708, 401 M St., SW.,
Washington, DC 20460. Fees accompanying objections and hearing requests
shall be labeled ``Tolerance Petition Fees'' and forwarded to: EPA
Headquarters Accounting Operations Branch, OPP (Tolerance Fees), P.O.
Box 360277M, Pittsburgh, PA 15251. A copy of any objections and hearing
requests filed with the Hearing Clerk should be identified by the
docket number and submitted to: Public Response and Program Resources
Branch, Field Operations Division (7506C), Office of Pesticide
Programs, Environmental Protection Agency, 401 M St., SW., Washington,
DC 20460. In person, bring copy of objections and hearing requests to
Rm. 1132, CM #2, 1921 Jefferson Davis Hwy., Arlington, VA 22202.
A copy of objections and hearing requests filed with the Hearing
Clerk may also be submitted electronically by sending electronic mail
(e-mail) to: [email protected].
Copies of objections and hearing requests must be submitted as an
ASCII file avoiding the use of special characters and any form of
encryption. Copies of objections and hearing requests will also be
accepted on disks in WordPerfect 5.1 file format or ASCII file format.
All copies of objections and hearing requests in electronic form must
be identified by the docket number [PP 5E4590/R2243]. No Confidential
Business Information (CBI) should be submitted through e-mail.
Electronic copies of objections and hearing requests on this rule may
be filed online at many Federal Depository Libraries. Additional
information on electronic submissions can be found below in this
document.
FOR FURTHER INFORMATION CONTACT: By mail: Hoyt L. Jamerson,
Registration Division (7505W), Environmental Protection Agency, 401 M
St., SW., Washington, DC 20460. Office location and telephone number:
Sixth Floor, Crystal Station #1, 2800 Jefferson Davis Highway,
Arlington, VA 22202, (703) 308-8783; e-mail:
[email protected].
SUPPLEMENTARY INFORMATION: In the Federal Register of April 26, 1996
(61 FR 18536), EPA issued a proposed rule (FRL-5363-5) that gave notice
that the Interregional Research Project No. 4 (IR-4), New Jersey
Agricultural Experiment Station, P.O. Box 231, New Brunswick, NJ 08903,
had submitted pesticide petition (PP) 5E4590 to EPA on behalf of the
Hawaii Agricultural Experiment Station. This petition requests that the
Administrator, pursuant to section 408(e) of the FFDCA, 21 U.S.C.
346a(e) amend 40 CFR 180.441 by establishing a tolerance for the
combined residues of the herbicide quizalofop-p ethyl ester [ethyl (R)-
(2-[4-((6-chloroquinoxalin-2-yl)oxy)phenoxy] propionate], its acid
metabolite quizalofop-p [R-(2-(4-((6-chloroquinoxalin-2-
yl)oxy)phenoxy]) propanoic acid], and the S enantiomers of the ester
and the acid, all expressed as quizalofop-p ethyl ester, in or on the
raw agricultural commodity pineapple at 0.1 part per million (ppm). The
petitioner proposed that this use of quizalofop ethyl be limited to
Hawaii based on the geographical representation of the residue data
submitted. Additional residue data will be required to expand the area
of usage. Persons seeking geographically broader registration should
contact the Agency's Registration Division at the address provided
above.
There were no comments or requests for referral to an advisory
committee received in response to the proposed rule.
The data submitted with the proposal and other relevant material
have been evaluated and discussed in the proposed rule. Based on the
data and information considered, the Agency concludes that the
tolerance will protect the public health. Therefore, the tolerance is
established as set forth below.
Any person adversely affected by this regulation may, within 30
days after publication of this document in the Federal Register, file
written objections to the regulation and may also request a hearing on
those objections. Objections and hearing requests must be filed with
the Hearing Clerk, at the address given above (40 CFR 178.20). A copy
of the objections and/or hearing requests filed with the Hearing Clerk
should be submitted to the OPP docket for this rulemaking. The
objections submitted must specify the provisions of the regulation
deemed objectionable and the grounds for the objections (40 CFR
178.25). Each objection must be accompanied by the fee prescribed by 40
CFR 180.33(i). If a hearing is requested, the objections must include a
statement of the factual issue(s) on which a hearing is requested, the
requestor's contentions on such issues, and a summary of any evidence
relied upon by the objector (40 CFR 178.27). A request for a hearing
will be granted if the Administrator determines that the material
submitted shows the following: There is genuine and substantial issue
of fact; there is a reasonable possibility that available evidence
identified by the requestor would, if established, resolve one or more
of such issues in favor of the requestor, taking into account
uncontested claims or facts to the contrary; and resolution of the
factual issue(s) in the manner sought by the requestor would be
adequate to justify the action requested (40 CFR 178.32).
A record has been established for this rulemaking under docket
number [PP 5E4590/R2243] (including any objections and hearing requests
submitted electronically as described below). A public version of this
record, including printed, paper versions of electronic comments which
does not include any information claimed as CBI, is available for
inspection from 8 a.m. to 4:30 p.m., Monday through Friday, excluding
legal holidays. The public record is located in Room 1132 of the Public
Response and Program Resources
[[Page 31042]]
Branch, Field Operations Division (7506C), Office of Pesticide
Programs, Environmental Protection Agency, Crystal Mall #2, 1921
Jefferson Davis Highway, Arlington, VA.
The official record for this rulemaking, as well as the public
version, as described above will be kept in paper form. Accordingly,
EPA will transfer any copies of objections and hearing requests
received electronically into printed, paper form as they are received
and will place the paper copies in the official rulemaking record which
will also include all comments submitted directly in writing. The
official rulemaking record is the paper record maintained at the
address in ``ADDRESSES'' at the beginning of this document.
Under Executive Order 12866 (58 FR 51735, October 4, 1993), the
Agency must determine whether the regulatory action is ``significant''
and therefore subject to all the requirements of the Executive Order
(i.e., Regulatory Impact Analysis, review by the Office of Management
and Budget (OMB)). Under section 3(f), the order defines ``a
significant regulatory action'' as an action that is likely to result
in a rule (1) having an annual effect on the economy of $100 million or
more, or adversely and materially affecting a sector of the economy,
productivity, competition, jobs, the environment, public health or
safety, or State, local or tribal governments or communities (also
referred to as ``economically significant''); (2) creating serious
inconsistency or otherwise interfering with an action taken or planned
by another agency; (3) materially altering the budgetary impacts of
entitlement, grants, user fees, or loan programs or the rights and
obligations thereof; or (4) raising novel legal or policy issues
arising out of legal mandates, the President's priorities, or the
principles set forth in this Executive Order. Pursuant to the terms of
this Executive Order, EPA has determined that this rule is not
``significant'' and is therefore not subject to OMB review.
This action does not impose any enforceable duty, or contain any
``unfunded mandates'' as described in Title II of the Unfunded Mandates
Reform Act of 1995 (Pub. L. 104-4), or require prior consultation as
specified by Executive Order 12875 (58 FR 58093, October 28, 1993),
entitled Enhancing the Intergovernmental Partnership, or special
consideration as required by Executive Order 12898 (59 FR 7629,
February 16, 1994.)
Pursuant to the requirements of the Regulatory Flexibility Act (5
U.S.C. 601-612), the Administrator has determined that regulations
establishing new tolerances or raising tolerance levels or establishing
exemptions from tolerance requirements do not have a significant
economic impact on a substantial number of small entities. A
certification statement explaining the factual basis for this
determination was published in the Federal Register of May 4, 1981 (46
FR 24950).
List of Subjects in 40 CFR Part 180
Environmental protection, Administrative practice and procedure,
Agricultural commodities, Pesticides and pests, Reporting and
recordkeeping requirements.
Dated: June 4, 1996.
Stephen L. Johnson,
Director, Registration Division, Office of Pesticide Programs.
Therefore, 40 CFR part 180 is amended as follows:
PART 180--[AMENDED]
1. The authority citation for part 180 continues to read as
follows:
Authority: 21 U.S.C. 346a and 371.
2. In Sec. 180.441, by adding a new paragraph (d), to read as
follows:
Sec. 180.441 Quizalofop ethyl; tolerances for residues.
* * * * *
(d) Tolerances with regional registration, as defined in
Sec. 180.1(n), are established for the combined residues of the
herbicide quizalofop-p ethyl ester [ethyl (R)-2-[4-((6-
chloroquinoxalin-2-yl)oxy)phenoxy] propionate], its acid metabolite
quizalofop-p [R-(2-[4-((6-chloroquinoxalin-2-yl)oxy)phenoxy]) propanoic
acid], and the S enantiomers of both the ester and the acid, all
expressed as quizalofop-p ethyl ester, in or the raw agricultural
commodities, as follows:
------------------------------------------------------------------------
Parts per
Commodity million
------------------------------------------------------------------------
* * * * *
Pineapple.................................................. 0.1
* * * * *
------------------------------------------------------------------------
* * * * *
[FR Doc. 96-15481 Filed 6-18-96; 8:45 am]
BILLING CODE 6560-50-F
Complete official Federal Register PDF
FR Doc. 96-15477 Aluminum Tris (O-ethylphosphonate); Pesticide Tolerance For Use in or on Blueberry
[Federal Register Volume 61, Number 119 (Wednesday, June 19, 1996)]
[Rules and Regulations]
[Pages 31039-31041]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-15477]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 180
[PP 5E4434/R2246; FRL-5374-7]
RIN 2070-AB78
Aluminum Tris (O-ethylphosphonate); Pesticide Tolerance For Use
in or on Blueberry
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This document establishes a time-limited tolerance for
residues of the fungicide aluminum tris (O-ethylphosphonate) (also
referred to in this document as fosetyl-Al) and its metabolites in or
on the raw agricultural commodity blueberry. The Interregional Research
Project No. 4 (IR-4) requested the regulation to establish a maximum
permissible level for residues of the fungicide pursuant to the Federal
Food, Drug and Cosmetic Act (FFDCA).
EFFECTIVE DATE: This regulation becomes effective June 19, 1996.
ADDRESSES: Written objections and hearing requests, identified by the
document control number, [PP 5E4434/R2246], may be submitted to:
Hearing Clerk (1900), Environmental Protection Agency, Rm. M3708, 401 M
St., SW., Washington, DC 20460. Fees accompanying objections and
hearing requests shall be labeled ``Tolerance Petition Fees'' and
forwarded to: EPA Headquarters Accounting Operations Branch, OPP
(Tolerance Fees), P.O. Box 360277M, Pittsburgh, PA 15251. A copy of any
objections and hearing requests filed with the Hearing Clerk should be
identified by the document control number and submitted to: Public
Response and Program Resources Branch, Field Operations Division
(7506C), Office of Pesticide Programs, Environmental Protection Agency,
401 M St., SW., Washington, DC 20460. In person, bring copy of
objections and hearing requests to Rm. 1132, CM #2, 1921 Jefferson
Davis Hwy., Arlington, VA 22202.
A copy of objections and hearing requests filed with the Hearing
Clerk may also be submitted electronically by sending electronic mail
(e-mail) to: [email protected].
Copies of objections and hearing requests must be submitted as an
ASCII file avoiding the use of special characters and any form of
encryption. Copies of objections and hearing requests will also be
accepted on disks in WordPerfect 5.1 file format or ASCII file format.
All copies of objections and hearing requests in electronic form must
be identified by the docket number [PP 5E4434/R2246]. No Confidential
Business Information (CBI) should be submitted through e-mail.
Electronic copies of objections and hearing
[[Page 31040]]
requests on this rule may be filed online at many Federal Depository
Libraries. Additional information on electronic submissions can be
found below in this document.
FOR FURTHER INFORMATION CONTACT: By mail: Hoyt L. Jamerson,
Registration Division (7505W), Environmental Protection Agency, 401 M
St., SW., Washington, DC 20460. Office location and telephone number:
Sixth Floor, Crystal Station #1, 2800 Jefferson Davis Highway,
Arlington, VA 22202. (703) 308-8783; e-mail:
[email protected].
SUPPLEMENTARY INFORMATION: In the Federal Register of April 26, 1996
(61 FR 18534), EPA issued a proposed rule (FRL-5363-3) that gave notice
that the Interregional Research Project No. 4 (IR-4), New Jersey
Agricultural Experiment Station, P.O. Box 231, New Brunswick, NJ 08903,
had submitted pesticide petition (PP) 5E4434 to EPA on behalf of the
Agricultural Experiment Stations of Maine, Michigan, New Jersey, North
Carolina, and Oregon. This petition requests that the Administrator,
pursuant to section 408(e) of the FFDCA, 21 U.S.C. 346a(e) amend 40 CFR
180.415 by establishing a time-limited tolerance for residues of the
fungicide fosetyl-Al [aluminum tris (O-ethylphosphonate)] in or on the
raw agricultural commodity blueberry at 40 part per million (ppm).
There were no comments or requests for referral to an advisory
committee received in response to the proposed rule.
The data submitted with the proposal and other relevant material
have been evaluated and discussed in the proposed rule. Based on the
data and information considered, the Agency concludes that the
tolerance will protect the public health. Therefore, the tolerance is
established as set forth below.
Any person adversely affected by this regulation may, within 30
days after publication of this document in the Federal Register, file
written objections to the regulation and may also request a hearing on
those objections. Objections and hearing requests must be filed with
the Hearing Clerk, at the address given above (40 CFR 178.20). A copy
of the objections and/or hearing requests filed with the Hearing Clerk
should be submitted to the OPP docket for this rulemaking. The
objections submitted must specify the provisions of the regulation
deemed objectionable and the grounds for the objections (40 CFR
178.25). Each objection must be accompanied by the fee prescribed by 40
CFR 180.33(i). If a hearing is requested, the objections must include a
statement of the factual issue(s) on which a hearing is requested, the
requestor's contentions on such issues, and a summary of any evidence
relied upon by the objector (40 CFR 178.27). A request for a hearing
will be granted if the Administrator determines that the material
submitted shows the following: There is genuine and substantial issue
of fact; there is a reasonable possibility that available evidence
identified by the requestor would, if established, resolve one or more
of such issues in favor of the requestor, taking into account
uncontested claims or facts to the contrary; and resolution of the
factual issue(s) in the manner sought by the requestor would be
adequate to justify the action requested (40 CFR 178.32).
A record has been established for this rulemaking under docket
number [PP 5E4434/R2246] (including any objections and hearing requests
submitted electronically as described below). A public version of this
record, including printed, paper versions of electronic comments which
does not include any information claimed as CBI, is available for
inspection from 8 a.m. to 4:30 p.m., Monday through Friday, excluding
legal holidays. The public record is located in Room 1132 of the Public
Response and Program Resources Branch, Field Operations Division
(7506C), Office of Pesticide Programs, Environmental Protection Agency,
Crystal Mall #2, 1921 Jefferson Davis Highway, Arlington, VA.
The official record for this rulemaking, as well as the public
version, as described above will be kept in paper form. Accordingly,
EPA will transfer any copies of objections and hearing requests
received electronically into printed, paper form as they are received
and will place the paper copies in the official rulemaking record which
will also include all comments submitted directly in writing. The
official rulemaking record is the paper record maintained at the
address in ``ADDRESSES'' at the beginning of this document.
Under Executive Order 12866 (58 FR 51735, October 4, 1993), the
Agency must determine whether the regulatory action is ``significant''
and therefore subject to all the requirements of the Executive Order
(i.e., Regulatory Impact Analysis, review by the Office of Management
and Budget (OMB)). Under section 3(f), the order defines ``a
significant regulatory action'' as an action that is likely to result
in a rule (1) having an annual effect on the economy of $100 million or
more, or adversely and materially affecting a sector of the economy,
productivity, competition, jobs, the environment, public health or
safety, or State, local or tribal governments or communities (also
referred to as ``economically significant''); (2) creating serious
inconsistency or otherwise interfering with an action taken or planned
by another agency; (3) materially altering the budgetary impacts of
entitlement, grants, user fees, or loan programs or the rights and
obligations thereof; or (4) raising novel legal or policy issues
arising out of legal mandates, the President's priorities, or the
principles set forth in this Executive Order. Pursuant to the terms of
this Executive Order, EPA has determined that this rule is not
``significant'' and is therefore not subject to OMB review.
This action does not impose any enforceable duty, or contain any
``unfunded mandates'' as described in Title II of the Unfunded Mandates
Reform Act of 1995 (Pub. L. l04-4), or require prior consultation as
specified by Executive Order 12875 (58 FR 58093, October 28, 1993),
entitled Enhancing the Intergovernmental Partnership, or special
consideration as required by Executive Order 12898 (59 FR 7629,
February 16, 1994).
Pursuant to the requirements of the Regulatory Flexibility Act (5
U.S.C. 601-612), the Administrator has determined that regulations
establishing new tolerances or raising tolerance levels or establishing
exemptions from tolerance requirements do not have a significant
economic impact on a substantial number of small entities. A
certification statement explaining the factual basis for this
determination was published in the Federal Register of May 4, 1981 (46
FR 24950).
List of Subjects in 40 CFR Part 180
Environmental protection, Administrative practice and procedure,
Agricultural commodities, Pesticides and pests, Reporting and
recordkeeping requirements.
Dated: June 4, 1996.
Stephen L. Johnson,
Director, Registration Division, Office of Pesticide Programs.
Therefore, 40 CFR part 180 is amended as follows:
PART 180--[AMENDED]
1. The authority citation for part 180 continues to read as
follows:
Authority: 21 U.S.C. 346a and 371.
2. In Sec. 180.415, by adding a paragraph (c), to read as follows:
Sec. 180.415 Aluminum tris (O-ethylphosphonate); tolerances for
residues.
* * * * *
[[Page 31041]]
(c) Time-limited tolerances are established for residues of the
fungicide aluminum tris (O-ethylphosphonate) in or on the following raw
agricultural commodities:
------------------------------------------------------------------------
Commodities Parts per million Expiration date
------------------------------------------------------------------------
Blueberry....................... 40................ December 31, 1998
------------------------------------------------------------------------
[FR Doc. 96-15477 Filed 6-18-96; 8:45 am]
BILLING CODE 6560-50-F
Complete official Federal Register PDF
FR Doc. 96-15476 Oxidized Pine Lignin, Sodium Salt; Tolerance Exemption
[Federal Register Volume 61, Number 119 (Wednesday, June 19, 1996)]
[Rules and Regulations]
[Pages 31037-31039]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-15476]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 180
[OPP-300418A; FRL-5375-9]
RIN 2070-AB78
Oxidized Pine Lignin, Sodium Salt; Tolerance Exemption
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This document establishes an exemption from the requirement of
a tolerance for residues of oxidized pine lignin, sodium salt when used
as an inert ingredient (surfactant or related adjuvant of a surfactant)
in pesticide formulations applied to growing crops, to raw agricultural
commodities after harvest, or to animals. LignoTech USA, Inc. requested
this regulation pursuant to the Federal Food, Drug and Cosmetic Act
(FFDCA).
EFFECTIVE DATE: This regulation becomes effective June 19, 1996.
ADDRESSES: Written objections, identified by the docket number, [OPP-
300418A] may be submitted to: Hearing Clerk (1900), Environmental
Protection Agency, Rm. M3708, 401 M St., SW., Washington, DC 20460. A
copy of any objections and hearing requests filed with the Hearing
Clerk should be identified by the docket number and submitted to:
Public Response and Program Resources Branch, Field Operations Division
(7506C), Office of Pesticide Programs, Environmental Protection Agency,
401 M St., SW., Washington, DC 20460. In person, bring copy of
objections and hearing request to: Rm. 1132, CM #2, 1921 Jefferson
Davis Hwy., Arlington, VA 22202. Fees accompanying objections shall be
labeled ``Tolerance Petition Fees'' and
[[Page 31038]]
forwarded to: EPA Headquarters Accounting Operations Branch, OPP
(Tolerance Fees), P.O. Box 360277M, Pittsburgh, PA 15251.
A copy of objections and hearing requests filed with the Hearing
Clerk may also be submitted electronically by sending electronic mail
(e-mail) to: [email protected]. Copies of objections and
hearing requests must be submitted as an ASCII file avoiding the use of
special characters and any form of encryption. Copies of objections and
hearing requests will also be accepted on disks in WordPerfect 5.1 file
format or ASCII file format. All copies of objections and hearing
requests in electronic form must be identified by the docket number
[OPP-300418A]. No Confidential Business Information (CBI) should be
submitted through e-mail. Electronic comments on this proposed rule may
be filed online at many Federal Depository Libraries. Additional
information on electronic submissions can be found below in this
document.
FOR FURTHER INFORMATION CONTACT: By mail: Amelia M. Acierto,
Registration Support Branch, Registration Division (7505W), Office of
Pesticide Programs, Environmental Protection Agency, 401 M St., SW.,
Washington, DC 20460. Office location and telephone number: Westfield
Building North, 6th Fl., 2800 Crystal Drive, Arlington, VA 22202, (703)
308-8375; e-mail: [email protected].
SUPPLEMENTARY INFORMATION: In the Federal Register of March 27, 1996
(61 FR 13476), EPA issued a proposed rule (FRL-5353-6) that gave notice
that LignoTech USA, Inc., 100 Highway 51 South, Rothschild, WI 54474-
1998 had submitted pesticide petition (PP) 5E4471 to EPA requesting
that the Administrator, pursuant to section 408(e) of the FFDCA, 21
U.S.C. 346a(e), amend 40 CFR 180.1001(c) by establishing an exemption
from the requirement of a tolerance for residues of oxidized pine
lignin, sodium salt when used as an inert ingredient (a surfactant or
related adjuvant of a surfactant) in pesticide formulations applied to
growing crops or to raw agricultural commodities after harvest or to
animals.
Inert ingredients are all ingredients that are not active
ingredients as defined in 40 CFR 153.125, and include, but are not
limited to, the following types of ingredients (except when they have a
pesticidal efficacy of their own): Solvents such as alcohols and
hydrocarbons; surfactants such as polyoxyethylene polymers and fatty
acids; carriers such as clay and diatomaceous earth; thickeners such as
carrageenan and modified cellulose; wetting, spreading, and dispersing
agents; propellants in aerosol dispensers; microencapsulating agents;
and emulsifiers. The term ``inert'' is not intended to imply
nontoxicity; the ingredient may or may not be chemically active.
There were no comments or requests for referral to an advisory
committee received in response to the proposed rule.
The data submitted relevant to the proposal and other relevant
material have been evaluated and discussed in the proposed rule. Based
on the data and information considered, the Agency concludes that the
tolerance exemption will protect the public health. Therefore, the
tolerance exemption is established as set forth below.
Any person adversely affected by this regulation may, within 30
days after publication of this document in the Federal Register, file
written objections and/or request a hearing with the Hearing Clerk, at
the address given above (40 CFR 178.20). A copy of the objections and/
or hearing requests filed with the Hearing Clerk should be submitted to
the OPP docket for this rulemaking. The objections submitted must
specify the provisions of the regulation deemed objectionable and the
grounds for the objections (40 CFR 178.25). Each objection must be
accompanied by the fee prescribed by 40 CFR 180.33(i). If a hearing is
requested, the objections must include a statement of the factual
issue(s) on which a hearing is requested, the requestor's contentions
on such issues, and a summary of any evidence relied upon by the
objector (40 CFR 178.27). A request for a hearing will be granted if
the Administrator determines that the material submitted shows the
following: There is a genuine and substantial issue of fact; there is a
reasonable possibility that available evidence identified by the
requestor would, if established, resolve one or more of such issues in
favor of the requestor, taking into account uncontested claims or facts
to the contrary; and resolution of the factual issue(s) in the manner
sought by the requestor would be adequate to justify the action
requested (40 CFR 178.32).
A record has been established for this rulemaking under docket
number [OPP-300418A] (including objections and hearing requests
submitted electronically as described below). A public version of this
record, including printed, paper versions of electronic comments, which
does not include any information claimed as CBI is available for public
inspection from 8 a.m. to 4:30 p.m., Monday through Friday, excluding
legal holidays. The public record is located in Room 1132 of the Public
Response and Program Resources Branch, Field Operations Division
(7506C), Office of Pesticide Programs, Environmental Protection Agency,
Crystal Mall #2, 1921 Jefferson Davis Highway, Arlington, VA.
Written objections and hearing requests, identified by the docket
number [OPP-300418A], may be submitted to the Hearing Clerk (1900),
Environmental Protection Agency, Rm. 3708, 401 M St., SW., Washington,
DC 20460.
A copy of electronic objections and hearing requests filed with the
Hearing Clerk can be sent directly to EPA at:
[email protected]
A copy of electronic objections and hearing requests filed with the
Hearing Clerk must be submitted as an ASCII file avoiding the use of
special characters and any form of encryption.
The official record for this rulemaking, as well as the public
version, as described above will be kept in paper form. Accordingly,
EPA will transfer all comments received electronically into printed,
paper form as they are received and will place the paper copies in the
official rulemaking record which will also include all comments
submitted directly in writing. The official rulemaking record is the
paper record maintained at the address in ``ADDRESSES'' at the
beginning of this document.
Under Executive Order 12866 (58 FR 51735, October 4, 1993), the
Agency must determine whether the regulatory action is ``significant''
and therefore subject to all the requirements of the Executive Order
(i.e., Regulatory Impact Analysis, review by the Office of Management
and Budget (OMB)). Under section 3(f), the order defines
``significant'' as those actions likely to lead to a rule (1) having an
annual effect on the economy of $100 million or more, or adversely and
materially affecting a sector of the economy, productivity,
competition, jobs, the environment, public health or safety, or State,
local or tribal governments or communities (also known as
``economically significant''); (2) creating serious inconsistency or
otherwise interfering with an action taken or planned by another
agency; (3) materially altering the budgetary impacts of entitlement,
grants, user fees, or loan programs; or (4) raising novel legal or
policy issues arising out of legal mandates, the President's
priorities, or the principles set forth in this Executive Order.
[[Page 31039]]
Pursuant to the terms of this Executive Order, EPA has determined
that this rule is not ``significant'' and is therefore not subject to
OMB review.
This action does not impose any enforceable duty, or contain any
``unfunded mandates'' as described in Title II of the Unfunded Mandates
Reform Act of 1995 (Pub. L. 104-4), or require prior consultation as
specified by Executive Order 12875 (58 FR 58093, October 28, 1993),
entitled Enhancing the Intergovernmental Partnership, or special
consideration as required by Executive Order 12898 (59 FR 7629,
February 16, 1994).
Pursuant to the requirements of the Regulatory Flexibility Act (5
U.S.C. 601-612), the Administrator has determined that regulations
establishing new tolerances or raising tolerance levels or establishing
exemptions from tolerance requirements do not have a significant
economic impact on a substantial number of small entities. A
certification statement to this effect was published in the Federal
Register of May 4, 1981 (46 FR 24950).
List of Subjects in 40 CFR Part 180
Environmental protection, Administrative practice and procedure,
Agricultural commodities, Pesticides and pests, Reporting and
recordkeeping requirements.
Dated: June 4, 1996.
Stephen L. Johnson,
Director, Registration Division, Office of Pesticide Programs.
Therefore, 40 CFR part 180 is amended as follows:
PART 180--[AMENDED]
1. The authority citation for part 180 continues to read as
follows:
Authority: 21 U.S.C. 346a and 371.
2. In Sec. 180.1001 the table in paragraph (c) and (e) is amended
by adding alphabetically the inert ingredient ``Oxidized pine lignin,
sodium salt, (CAS Reg. No. 68201-23-0),'' to read as follows:
Sec. 180.1001 Exemptions from the requirement of a tolerance.
* * * * *
(c) * * *
------------------------------------------------------------------------
Inert ingredients Limits Uses
------------------------------------------------------------------------
* * * * * * *
Oxidized pine lignin, sodium Maximum of 2% of Surfactant, related
salt, (CAS Reg. No. 68201-23- formulation. adjuvant of surfactant
0).
* * * * * * *
------------------------------------------------------------------------
* * * *
(e) * * *
------------------------------------------------------------------------
Inert ingredients Limits Uses
------------------------------------------------------------------------
* * * * * * *
Oxidized pine lignin, sodium Maximum of 2% of Surfactant, related
salt (CAS Reg. No. 68201-23- formulation adjuvant of surfactant
0).
* * * * * * *
------------------------------------------------------------------------
* * * * *
[FR Doc. 96-15476 Filed 6-18-96; 8:45 am]
BILLING CODE 6560-50-F
Complete official Federal Register PDF
FR Doc. 96-15466 Oral Dosage Form New Animal Drugs; Neomycin Sulfate Soluble Powder
[Federal Register Volume 61, Number 119 (Wednesday, June 19, 1996)]
[Rules and Regulations]
[Page 31027]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-15466]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration
21 CFR Part 520
Oral Dosage Form New Animal Drugs; Neomycin Sulfate Soluble
Powder
AGENCY: Food and Drug Administration, HHS.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Food and Drug Administration (FDA) is amending the animal
drug regulations to reflect approval of an abbreviated new animal drug
application (ANADA) filed by Wade Jones Co., Inc. The ANADA provides
for the use of a generic neomycin sulfate soluble powder in drinking
water and milk for cattle (excluding veal calves), swine, sheep, and
goats for the treatment and control of colibacillosis.
EFFECTIVE DATE: June 19, 1996.
FOR FURTHER INFORMATION CONTACT: Melanie R. Berson, Center for
Veterinary Medicine (HFV-135), Food and Drug Administration, 7500
Standish Pl., Rockville, MD 20855, 301-594-1643.
SUPPLEMENTARY INFORMATION: Wade Jones Co., Inc., Hwy. 71 North, Lowell,
AK 72745, filed ANADA 200-130, which provides for the use of neomycin
sulfate soluble powder in drinking water and milk for cattle (excluding
veal calves), swine, sheep, and goats for the treatment and control of
colibacillosis (bacterial enteritis) caused by Escherichia coli
susceptible to neomycin sulfate. ANADA 200-130 is approved as a generic
copy of the Upjohn Co.'s NADA 11-315. The ANADA is approved as of May
8, 1996, and the regulations are amended in 21 CFR 520.1484(b) and
(c)(3) to reflect the approval. The basis for approval is discussed in
the freedom of information summary.
In accordance with the freedom of information provisions of part 20
(21 CFR part 20) and Sec. 514.11(e)(2)(ii) (21 CFR 514.11(e)(2)(ii)), a
summary of safety and effectiveness data and information submitted to
support approval of this application may be seen in the Dockets
Management Branch (HFA-305), Food and Drug Administration, 12420
Parklawn Dr., rm. 1-23, Rockville, MD 20857, between 9 a.m. and 4 p.m.,
Monday through Friday.
The agency has determined under 21 CFR 25.24(d)(1)(i) 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.
List of Subjects in 21 CFR Part 520
Animal drugs.
Therefore, under the Federal Food, Drug, and Cosmetic Act and under
authority delegated to the Commissioner of Food and Drugs and
redelegated to the Center for Veterinary Medicine, 21 CFR part 520 is
amended as follows:
PART 520--ORAL DOSAGE FORM NEW ANIMAL DRUGS
1. The authority citation for 21 CFR part 520 continues to read as
follows:
Authority: Sec. 512 of the Federal Food, Drug, and Cosmetic Act
(21 U.S.C. 360b).
2. Section 520.1484 is amended by revising paragraph (b) and the
last sentence of paragraph (c)(3) to read as follows:
Sec. 520.1484 Neomycin sulfate soluble powder.
* * * * *
(b) Sponsors. See Nos. 000009, 000069, 047864, 050604, and 059130
in Sec. 510.600(c) of this chapter.
(c) * * *
(3) * * * Discontinue treatment prior to slaughter as follows: For
sponsors 000009, 000069, 047864, and 050604--cattle (not for use in
veal calves), 1 day; sheep, 2 days; swine and goats, 3 days.
Dated: June 10, 1996.
Stephen F. Sundlof,
Director, Center for Veterinary Medicine.
[FR Doc. 96-15466 Filed 6-18-96; 8:45 am]
BILLING CODE 4160-01-F
Complete official Federal Register PDF
FR Doc. 96-15465 Implantation or Injectable Dosage Form New Animal Drugs; Oxytetracycline Injection
[Federal Register Volume 61, Number 119 (Wednesday, June 19, 1996)]
[Rules and Regulations]
[Pages 31027-31028]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-15465]
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DEPARTMENT OF HEALTH AND HUMAN SERVICES
21 CFR Part 522
Implantation or Injectable Dosage Form New Animal Drugs;
Oxytetracycline Injection
AGENCY: Food and Drug Administration, HHS.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Food and Drug Administration (FDA) is amending the animal
drug regulations to reflect approval of an abbreviated new animal drug
application (ANADA) filed by Pennfield Oil Co. The ANADA provides for
the use of a generic oxytetracycline injection for beef cattle, non-
lactating dairy cattle, and swine.
EFFECTIVE DATE: June 19, 1996.
FOR FURTHER INFORMATION CONTACT: Melanie R. Berson, Center for
Veterinary Medicine (HFV-135), Food and Drug Administration, 7500
Standish Pl., Rockville, MD 20855, 301-594-1643.
SUPPLEMENTARY INFORMATION: Pennfield Oil Co., 14040 Industrial Rd.,
Omaha, NE 68137, filed ANADA 200-154, which provides for use of 200
milligram per milliliter (mg/mL) oxytetracycline injection for
intramuscular and intravenous use in beef cattle and non-lactating
dairy cattle and intramuscular use in swine for control or treatment of
diseases caused by oxytetracycline susceptible diseases. The drug is
used in beef cattle and non-lactating dairy cattle for treatment of
pneumonia and shipping fever complex associated with Pasteurella spp.
and Hemophilus spp.; infectious bovine keratoconjunctivitis (pinkeye)
caused by Moraxella bovis; foot rot and diphtheria caused by
Fusobacterium necrophorum; bacterial enteritis (scours) caused by
Escherichia coli; wooden tongue caused by Actinobacillus lignieresi;
leptospirosis caused by Leptospira pomona; and wound infections and
metritis caused by strains of staphylococci and streptococci organisms
sensitive to oxytetracycline. The drug is used in swine for the
treatment of bacterial enteritis (scours, colibacillosis) caused by E.
coli; pneumonia caused by P. multocida; and leptospirosis caused by L.
pomona; and in sows as an aid in the control of infectious enteritis
(baby pig scours, colibacillosis) in suckling pigs caused by E. coli.
ANADA 200-154 for Pennfield Oil Co.'s oxytetracycline injection is
approved as a generic copy of Pfizer's NADA 113-232
Liquamycin LA-200 (oxytetracycline) Injection. The ANADA is
approved as of May 8, 1996, and the regulations are amended in 21 CFR
522.1660 to reflect the approval. The basis for approval is discussed
in the freedom of information summary.
In accordance with the freedom of information provisions of part 20
(21 CFR part 20) and Sec. 514.11(e)(2)(ii) (21 CFR 514.11(e)(2)(ii)), a
summary of safety and effectiveness data and information submitted to
support approval of this application may be seen in the Dockets
Management Branch (HFA-305), Food and Drug Administration, 12420
Parklawn Dr.,
[[Page 31028]]
rm. 1-23, Rockville, MD 20857, between 9 a.m. and 4 p.m., Monday
through Friday.
The agency has determined under 21 CFR 25.24(d)(l)(i) 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.
List of Subjects in 21 CFR Part 522
Animal drugs.
Therefore, under the Federal Food, Drug, and Cosmetic Act and under
authority delegated to the Commissioner of Food and Drugs and
redelegated to the Center for Veterinary Medicine, 21 CFR part 522 is
amended as follows:
PART 522--IMPLANTATION OR INJECTABLE DOSAGE FORM NEW ANIMAL DRUGS
1. The authority citation for 21 CFR part 522 continues to read as
follows:
Authority: Sec. 512 of the Federal Food, Drug, and Cosmetic Act
(21 U.S.C. 360b).
Sec. 522.1660 [Amended]
2. Section 522.1660 Oxytetracycline injection is amended in
paragraphs (b) and (c)(2)(iii) by adding ``053389,'' after ``000069,''.
Dated: June 10, 1996.
Stephen F. Sundlof,
Director, Center for Veterinary Medicine.
[FR Doc. 96-15465 Filed 6-18-96; 8:45 am]
BILLING CODE 4160-01-F
Complete official Federal Register PDF
FR Doc. 96-15407 Payment for Vocational Rehabilitation Services Furnished Individuals During Certain Months of Nonpayment of Supplemental Security Income Benefits
[Federal Register Volume 61, Number 119 (Wednesday, June 19, 1996)]
[Rules and Regulations]
[Pages 31022-31027]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-15407]
=======================================================================
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SOCIAL SECURITY ADMINISTRATION
20 CFR Parts 404 and 416
[Regulations Nos. 4 and 16]
RIN 0960-AD39
Payment for Vocational Rehabilitation Services Furnished
Individuals During Certain Months of Nonpayment of Supplemental
Security Income Benefits
AGENCY: Social Security Administration (SSA).
ACTION: Final rules.
-----------------------------------------------------------------------
SUMMARY: We are amending our regulations relating to payment for
vocational rehabilitation (VR) services provided to recipients of
supplemental security income (SSI) benefit payments based on disability
or blindness under title XVI of the Social Security Act (the Act).
These regulations reflect section 5037 of the Omnibus Budget
Reconciliation Act of 1990 (OBRA 1990). Section 5037 of OBRA 1990 added
section 1615(e) to the Act which authorizes the Commissioner of Social
Security (the Commissioner) to pay a State VR agency for costs incurred
in furnishing VR services to an individual during certain months for
which the individual did not receive SSI payments based on disability
or blindness as well as during months for which the individual did
receive such payments. We also are amending our regulations on VR
payments to clarify certain rules and remove some outdated rules.
EFFECTIVE DATE: These regulations are effective June 19, 1996.
FOR FURTHER INFORMATION CONTACT: Regarding this Federal Register
document--Richard M. Bresnick, Legal Assistant, Division of Regulations
and Rulings, Social Security Administration, 6401 Security Boulevard,
Baltimore, MD 21235, (410) 965-1758; regarding eligibility or filing
for benefits--our national toll-free number, 1-800-772-1213.
SUPPLEMENTARY INFORMATION: We are amending our regulations on payment
for VR services provided to individuals receiving SSI benefits based on
disability or blindness. These amended regulations reflect section 5037
of OBRA 1990, Public Law (Pub. L.) 101-508, which added paragraph (e)
to section 1615 of the Act. Our existing regulations concerning payment
for such services carry out the provisions of section 1615(d) of the
Act.
In general, section 1615(d) of the Act authorizes the Commissioner
to reimburse a State VR agency for the costs incurred in providing VR
services
[[Page 31023]]
to individuals receiving SSI benefits under title XVI of the Act based
on disability or blindness in three categories of cases. Specifically,
section 1615(d) permits payment for VR services furnished to such
individuals only in cases where: (1) The furnishing of such services
results in the individual's performance of substantial gainful activity
(SGA) for a continuous period of nine months; (2) the individual is
continuing to receive benefits, despite his or her medical recovery,
under section 1631(a)(6) of the Act because of his or her participation
in a VR program; or (3) the individual, without good cause, refuses to
continue to accept VR services or fails to cooperate in such a manner
as to preclude his or her successful rehabilitation. (In such a case of
refusal to continue or cooperate in a VR program, payments are
authorized only for the VR services provided prior to the cessation of
VR participation. If the individual resumes participation, then
payments are authorized for the VR services provided after
participation is resumed only if all requirements for payment are met.)
These cases are described in sections 1615(d) (1), (2) and (3) of the
Act, respectively, and in Secs. 416.2211-416.2213 of our regulations.
Under section 1615(d) of the Act, payment may be made for VR
services furnished by a State VR agency, i.e., an agency administering
a State plan for VR services approved under title I of the
Rehabilitation Act of 1973, as amended. However, in the case of a State
which is unwilling to participate or does not have such a plan for VR
services, our regulation at Sec. 416.2204 provides that we may arrange
for VR services for an SSI recipient who is disabled or blind through
an alternative VR service provider (alternate participant) and pay such
provider for the costs of services under the same terms and conditions
that apply to State VR agencies. This regulation is based in part on
section 222(d)(2) of the Act, which provides for the use of alternate
participants in the VR payment program under title II of the Act
(relating to the rehabilitation of Social Security disability
beneficiaries), and on the authority provided to the Commissioner under
section 1633(a) of the Act to make such administrative and other
arrangements as may be necessary or appropriate to carry out title XVI
of the Act, including making arrangements under title XVI in the same
manner as they are made under title II.
Prior to the enactment of OBRA 1990, SSA was authorized to pay a
State VR agency under section 1615(d) of the Act only for VR services
that were provided to an individual during months for which the
individual received SSI benefits based on disability or blindness,
including benefits payable under section 1611 or 1619(a) of the Act or,
for cases under section 1615(d)(2), discussed above, continued payment
of such benefits under section 1631(a)(6) of the Act. This is reflected
in our existing regulations at Secs. 416.2201, 416.2203 and
416.2215(a)(2).
Section 5037 of OBRA 1990 added section 1615(e) to the Act to
provide us the authority to pay a State VR agency under section 1615(d)
for the costs described in that section that are incurred in providing
VR services to an individual during certain months for which the
individual was not receiving SSI benefits based on disability or
blindness as well as during months for which the individual was
receiving such benefits. Under section 1615(e) of the Act, payment may
be made for VR services in a case described in section 1615(d)(1), (2)
or (3) of the Act which are provided to an individual in a month for
which the individual receives, i.e., is eligible for--
SSI cash benefits under section 1611 or special SSI cash
benefits under section 1619(a) of the Act (this is the same as under
prior law);
A special status for Medicaid under section 1619(b) of the
Act; or
A federally administered State supplementary payment under
section 1616 of the Act or section 212(b) of Pub. L. 93-66.
In addition, section 1615(e) of the Act permits payment for VR
services provided in a month for which an individual was ineligible for
the benefits or special status described above for a reason other than
cessation of disability or blindness, if such month occurred prior to
the 13th consecutive month of such ineligibility following a month for
which the individual was eligible for such benefits or special status.
This means that payment may be made for VR services furnished during a
month for which an individual's benefit payment or special status for
Medicaid under section 1619(b) was suspended.
Section 1615(e) of the Act became effective November 5, 1990, the
date of the enactment of OBRA 1990, and applies to claims for
reimbursement pending on or after that date. This amendment to the Act,
which allows us to reimburse a State VR agency or alternate participant
for VR services furnished during certain months for which an individual
was not receiving SSI benefits, responds to a recommendation in the
March 1988 Report of the Disability Advisory Council that the Congress
amend the Act to permit SSA to pay for VR services provided in months
when an individual is in suspension status.
Changes to the VR Payment Regulations
These final rules amend the existing regulations concerning the SSI
VR payment program under title XVI of the Act to take account of the
provisions of section 1615(e) of the Act which permit payment for VR
services furnished during certain months for which a disabled or blind
individual does not receive SSI benefits. These rules also make some
other changes in the existing VR payment regulations to clarify certain
rules and delete some obsolete rules. These changes affect the
regulations governing the Social Security VR payment program under
title II of the Act as well as the regulations concerning the SSI VR
payment program under title XVI. The existing Social Security VR
payment regulations carry out section 222(d) of the Act which contains
provisions that are similar to the provisions of section 1615(d) of the
Act, except that they apply to payment for VR services provided to
individuals entitled to Social Security benefits based on disability
under title II.
Changes to the Regulations to Implement Section 1615(e) of the Act
We are amending Sec. 416.2201 to explain that, in general, sections
1615(d) and (e) of the Act authorize payment for costs of VR services
provided to certain disabled or blind individuals who are eligible for
SSI benefits, special SSI eligibility status, or federally administered
State supplementary payments. In the amendment to Sec. 416.2201, we
also explain that for the purpose of the SSI VR payment regulations, we
refer to SSI benefits, special SSI eligibility status, or federally
administered State supplementary payments as ``disability or blindness
benefits.'' Additionally, we are adding a corresponding definition of
``disability or blindness benefits'' for this purpose in Sec. 416.2203,
discussed below.
The amendment to Sec. 416.2201 further explains that, subject to
the other requirements and conditions for payment prescribed in the
regulations, payment may be made for VR services which are furnished
during a month(s) for which an individual is eligible for disability or
blindness benefits or continues to receive such benefits under section
1631(a)(6) of the Act, or which are furnished during a month(s) for
which the individual's disability or blindness benefits are suspended.
This rule also is reflected in the revised Sec. 416.2215, discussed
below.
[[Page 31024]]
In Sec. 416.2203, ``Definitions,'' we are deleting the paragraph
defining ``eligible,'' which discusses eligibility for SSI benefits
only, and adding a new paragraph to explain the meaning of ``disability
or blindness benefits'' when used in the SSI VR payment regulations.
These final rules provide that ``disability or blindness benefits,'' as
defined for the SSI VR payment regulations only, refer to regular SSI
benefits under section 1611 of the Act, special SSI cash benefits under
section 1619(a) of the Act, special SSI eligibility status under
section 1619(b) of the Act, and/or a federally administered State
supplementary payment under section 1616 of the Act or section 212(b)
of Pub. L. 93-66, for which an individual is eligible based on
disability or blindness, as appropriate. Thus, in these final VR
payment regulations, when we use the terms ``disability or blindness
benefits'' with reference to the SSI program, we mean the benefits,
status, or payments referred to in section 1615(e) of the Act. As used
in this preamble, ``disability or blindness benefits'' has the same
meaning as in the final rules. Further, in Sec. 416.2203, we are
defining the phrase ``special SSI eligibility status'' to refer to the
special status for Medicaid under section 1619(b) of the Act since this
is the phrase we use to describe the special status in our other SSI
regulations, e.g., Secs. 416.260 and 416.264.
We are also amending several sections of the SSI VR payment
regulations to replace phrases such as ``disability or blindness
payment'' with the phrase ``disability or blindness benefits'' and to
substitute the term ``benefits'' for ``payment'' or ``payments'' as the
context requires. We are making these changes to Secs. 416.2201(b),
416.2209 (b) and (c), 416.2212, 416.2213(c), 416.2215 (a) and (b), and
416.2216(c)(2).
Section 416.2215(a) of our existing regulations provides that in
order for the State VR agency or alternate participant to be paid, the
VR services must have been provided--(1) after September 30, 1981; (2)
during months the individual is eligible for SSI disability or
blindness payments; and (3) before completion of a continuous 9-month
period of SGA. We are revising paragraph (a)(2) of Sec. 416.2215 to
provide that to be payable, the VR services must have been provided
during a month or months for which--(i) the individual is eligible for
disability or blindness benefits or continues to receive such benefits
under section 1631(a)(6) of the Act; or (ii) the disability or
blindness benefits of the individual are suspended due to his or her
ineligibility for the benefits. We are also revising paragraph (a)(3)
of Sec. 416.2215 to provide that the VR services must have been
provided prior to the completion of a continuous 9-month period of SGA
or termination of disability or blindness benefits, whichever occurs
first.
The revisions to Sec. 416.2215 (a)(2) and (a)(3) provide cross-
references to the regulations in Subpart M of 20 CFR Part 416 which
contain our rules on suspension and termination of benefits under the
SSI program. In general, these regulations provide that unless a
termination of an individual's eligibility for benefits is required, an
individual's benefits will be suspended for any month for which the
individual no longer meets the requirements for eligibility for
benefits under the SSI program. Termination of eligibility is required
when benefits have been suspended for a period of 12 consecutive
months, i.e., the individual remains ineligible for SSI benefits,
special status for Medicaid, and/or federally administered State
supplementary payments for a continuous 12-month period. Eligibility
for SSI benefits based on disability or blindness also terminates if
the individual's disability or blindness ceases, unless the individual
is participating in an approved VR program and the other requirements
for the continuation of benefits under section 1631(a)(6) of the Act
are met.
The revisions to Secs. 416.2215 (a)(2) and (a)(3) are consistent
with the provisions of sections 1615 (d) and (e) of the Act. They
permit payment for VR services which are provided either during a
month(s) for which an individual is eligible for disability or
blindness benefits, including the continuation of such benefits under
section 1631(a)(6) of the Act, or during a month(s) for which the
individual is ineligible for disability or blindness benefits, for a
reason other than cessation of disability or blindness, if such
month(s) occurs prior to the 13th consecutive month of such
ineligibility, i.e., a month(s) for which benefits are suspended but
not terminated.
We are also amending the introductory paragraph of Sec. 416.2217 to
add a reference to section 1615(e) of the Act. In addition, we are
changing the regulations governing the Social Security VR payment
program under title II of the Act to reflect the expanded scope of the
SSI VR payment program under title XVI resulting from section 1615(e)
of the Act. We are amending Sec. 404.2115(b) of the title II
regulations to explain that if VR services are provided to an
individual who is entitled to title II disability benefits and who also
is or has been receiving disability or blindness benefits under the SSI
program, the determination as to when VR services must have been
provided may be made under either Sec. 404.2115 or Sec. 416.2215,
whichever is advantageous to the State VR agency or alternate
participant that is participating in both VR programs.
Other Changes to the VR Payment Regulations
In addition to the changes to the regulations discussed above, we
are amending the Social Security and SSI VR payment regulations to
clarify certain rules relating to payment for VR services provided to
an individual in a case where the individual, without good cause,
refuses to continue or cooperate in a VR program. Additionally, we are
deleting some obsolete rules relating to the time periods within which
claims for payment for VR services must be filed. Further, we are
making a few other nonsubstantive changes to certain provisions of the
regulations affected by the changes described above.
We are amending Secs. 404.2113(c) and 416.2213(c) to indicate that
if deductions are imposed against an individual's Social Security
disability benefits because of VR refusal, or if an individual's
disability or blindness benefits under the SSI program are suspended
because of VR refusal, the services for which payment may be made in
such a case are those VR services which were provided to the individual
prior to his or her VR refusal. If the individual thereafter resumes
participation in a VR program and again receives VR services, payment
may be made for those services only if the criteria for payment in
Sec. 404.2113 or Sec. 416.2213 are again met, or if the services
qualify for payment under one of the other provisions of the
regulations permitting payment, i.e., Secs. 404.2111, 404.2112,
416.2211, or 416.2212.
We are also deleting the parenthetical phrase ``(suspension of
benefits in cases described in Sec. 404.2113)'' in existing
Sec. 404.2115(a)(3). This change is appropriate since under section
222(b) of the Act and Sec. 404.422 of the title II regulations, a
determination by us that a Social Security disability beneficiary has
refused, without good cause, to accept VR services available to the
individual results in our imposing deductions against Social Security
benefits, rather than suspending benefits. This is reflected in
existing Secs. 404.2109(c) and 404.2113(c). To be consistent with these
sections, we are amending Sec. 404.2116(c)(2) to clarify that a
beneficiary's VR refusal results in deductions against Social Security
[[Page 31025]]
disability benefits, rather than a suspension of benefits.
Existing Secs. 404.2116 (b)(2) and (c)(2) and 416.2216 (b)(2) and
(c)(2) contain provisions which provide for the filing of claims for
payment for VR services in certain cases within 12 months after the
month of the initial publication of these sections in the Federal
Register, 55 FR 8449 (March 8, 1990). This 12-month period ended March
31, 1991, the close of the 12th month following the month of
publication in the Federal Register. Since this time period for filing
a claim is no longer in effect, we are deleting these provisions from
the regulations.
We are amending Secs. 404.2116(c)(2) and 416.2216(c)(2) to clarify
that the other 12-month period described in these sections for filing a
claim for payment in the case of an individual's VR refusal begins
after the first month for which deductions are imposed against Social
Security disability benefits, or after the first month for which
disability or blindness benefits under the SSI program are suspended,
because of such VR refusal.
On September 11, 1995, we published these final rules as proposed
rules in the Federal Register at 60 FR 47126 with a 60-day comment
period. We received comments from two sources, but one commenter simply
stated factually that the proposed regulations would amend certain
regulatory provisions. This commenter offered no further comment or
opinion about the nature or effect of the proposed regulations. The
other commenter generally was supportive of the proposed rules, but did
suggest a better description of the issues and a short explanation of
the statutory requirements. In the absence of other comments, we
believe the explanation of the proposed rules as published is adequate.
Therefore, we are publishing the final rules essentially unchanged from
the proposed rules.
Regulatory Procedures
Pursuant to section 702(a)(5) of the Social Security Act, 42 U.S.C.
902(a)(5), as amended by section 102 of Pub. L. 103-296, SSA follows
the Administrative Procedure Act (APA) rulemaking procedures specified
in 5 U.S.C. 553 in the development of its regulations. The APA provides
in 5 U.S.C. 553(d) that a substantive rule will be published at least
30 days before its effective date, with certain exceptions. We find
good cause for dispensing with the 30-day delay in the effective date
of this rule, as provided for by 5 U.S.C. 553(d)(3). As explained
above, we are amending our regulations to reflect current provisions of
the law. It would be contrary to the public interest to delay making
our regulations consistent with current law. Therefore, we find that it
is in the public interest to make this rule effective upon publication.
Executive Order 12866
We have consulted with the Office of Management and Budget (OMB)
and determined that these rules do not meet the criteria for a
significant regulatory action under Executive Order 12866. Thus, they
were not subject to OMB review.
Regulatory Flexibility Act
We certify that these regulations will not have a significant
economic impact on a substantial number of small entities. Therefore, a
regulatory flexibility analysis as provided in Pub. L. 96-354, the
Regulatory Flexibility Act, is not required.
These final regulations carry out section 1615(e) of the Act which
allows payment for VR services under section 1615(d) of the Act
provided during certain months for which an individual does not receive
SSI benefits based on disability or blindness. They apply to States and
certain alternate providers of VR services which are willing to provide
services to disabled or blind SSI recipients, or Social Security
disability beneficiaries, under our VR payment programs under the
conditions specified in the regulations.
Paperwork Reduction Act
These final regulations impose no additional reporting or
recordkeeping requirements subject to clearance by OMB.
(Catalog of Federal Domestic Assistance Program Nos. 96.001, Social
Security-Disability Insurance; 96.006, Supplemental Security Income)
List of Subjects
20 CFR Part 404
Administrative practice and procedure, Blind, Disability benefits,
Old-Age, Survivors and Disability Insurance, Reporting and
recordkeeping requirements, Social Security.
20 CFR Part 416
Administrative practice and procedure, Aged, Blind, Disability
benefits, Public assistance programs, Supplemental Security Income
(SSI), Reporting and recordkeeping requirements.
Dated: June 4, 1996.
Shirley S. Chater,
Commissioner of Social Security.
For the reasons set out in the preamble, we are amending subpart V
of part 404 and subpart V of part 416 of 20 CFR chapter III as follows:
PART 404--FEDERAL OLD-AGE, SURVIVORS AND DISABILITY INSURANCE
(1950- )
Subpart V--[Amended]
1. The authority citation for subpart V of part 404 continues to
read as follows:
Authority: Secs. 205(a), 222, and 702(a)(5) of the Social
Security Act (42 U.S.C. 405(a), 422, and 902(a)(5)).
2. Section 404.2113 is amended by revising the last sentence of
paragraph (c) to read as follows:
Sec. 404.2113 Payment for VR services in a case of VR refusal.
* * * * *
(c) * * * A State VR agency or alternate participant may be paid,
subject to the provisions of this subpart, for the costs of VR services
provided to an individual prior to his or her VR refusal if deductions
have been imposed against the individual's monthly disability benefits
for a month(s) after October 1984 because of such VR refusal.
3. Section 404.2115 is amended by revising paragraphs (a)(3) and
(b) to read as follows:
Sec. 404.2115 When services must have been provided.
(a) * * *
(3) Before completion of a continuous 9-month period of SGA or
termination of entitlement to disability benefits, whichever occurs
first.
(b) If an individual who is entitled to disability benefits under
this part also is or has been receiving disability or blindness
benefits under part 416 of this chapter, the determination as to when
services must have been provided may be made under this section or
Sec. 416.2215 of this chapter, whichever is advantageous to the State
VR agency or alternate participant that is participating in both VR
programs.
4. Section 404.2116 is amended by revising paragraphs (b)(2) and
(c)(2) to read as follows:
Sec. 404.2116 When claims for payment for VR services must be made
(filing deadlines).
* * * * *
(b) * * *
(2) If no written notice was sent to the State VR agency or
alternate participant, a claim must be filed within 12 months after the
month in which VR services end.
(c) * * *
(2) If no written notice was sent to the State VR agency or
alternate participant,
[[Page 31026]]
a claim must be filed within 12 months after the first month for which
deductions are imposed against disability benefits because of such VR
refusal.
PART 416--SUPPLEMENTAL SECURITY INCOME FOR THE AGED, BLIND, AND
DISABLED
Subpart V--[Amended]
5. The authority citation for subpart V of part 416 is revised to
read as follows:
Authority: Secs. 702(a)(5), 1615, 1631(d)(1) and (e), and
1633(a) of the Social Security Act (42 U.S.C. 902(a)(5), 1382d,
1383(d)(1) and (e), and 1683b(a)).
6. Section 416.2201 is amended by revising the introductory text
and paragraph (b) to read as follows:
Sec. 416.2201 General.
In general, sections 1615 (d) and (e) of the Social Security Act
(the Act) authorize payment from the general fund for the reasonable
and necessary costs of vocational rehabilitation (VR) services provided
certain disabled or blind individuals who are eligible for supplemental
security income (SSI) benefits, special SSI eligibility status, or
federally administered State supplementary payments. In this subpart,
such benefits, status, or payments are referred to as disability or
blindness benefits (see Sec. 416.2203). Subject to the provisions of
this subpart, payment may be made for VR services provided an
individual during a month(s) for which the individual is eligible for
disability or blindness benefits, including the continuation of such
benefits under section 1631(a)(6) of the Act, or for which the
individual's disability or blindness benefits are suspended (see
Sec. 416.2215). Paragraphs (a), (b) and (c) of this section describe
the cases in which the State VR agencies and alternate participants can
be paid for the VR services provided such an individual under this
subpart. The purpose of sections 1615 (d) and (e) of the Act is to make
VR services more readily available to disabled or blind individuals,
help State VR agencies and alternate participants to recover some of
their costs in VR refusal situations, as described in Sec. 416.2213,
and ensure that savings accrue to the general fund. Payment will be
made for VR services provided on behalf of such an individual in cases
where--
* * * * *
(b) The individual continues to receive disability or blindness
benefits, even though his or her disability or blindness has ceased,
under section 1631(a)(6) of the Act because of his or her continued
participation in an approved VR program which we have determined will
increase the likelihood that he or she will not return to the
disability or blindness rolls (see Sec. 416.2212); or
* * * * *
7. Section 416.2203 is amended by removing the definition of
``Eligible'' and adding 2 new definitions in alphabetical order to read
as follows:
Sec. 416.2203 Definitions.
* * * * *
Disability or blindness benefits, as defined for this subpart only,
refers to regular SSI benefits under section 1611 of the Act (see
Sec. 416.202), special SSI cash benefits under section 1619(a) of the
Act (see Sec. 416.261), special SSI eligibility status under section
1619(b) of the Act (see Sec. 416.264), and/or a federally administered
State supplementary payment under section 1616 of the Act or section
212(b) of Public Law 93-66 (see Sec. 416.2001), for which an individual
is eligible based on disability or blindness, as appropriate.
* * * * *
Special SSI eligibility status refers to the special status
described in Secs. 416.264 through 416.269 relating to eligibility for
Medicaid.
* * * * *
Sec. 416.2209 [Amended]
8. Section 416.2209 is amended in paragraph (b) by removing
``payments'' and adding ``benefits'' in its place and in paragraph (c)
by removing ``payment'' and adding ``benefits'' in its place.
9. Section 416.2212 is amended by revising the section heading and
the first and second sentences to read as follows:
Sec. 416.2212 Payment for VR services in a case where an individual
continues to receive disability or blindness benefits based on
participation in an approved VR program.
Section 1631(a)(6) of the Act contains the criteria we will use in
determining if an individual whose disability or blindness has ceased
should continue to receive disability or blindness benefits because of
his or her continued participation in an approved VR program. A VR
agency or alternate participant can be paid for the cost of VR services
provided to an individual if the individual was receiving benefits
based on this provision in a month(s) after October 1984 or, in the
case of a blindness recipient, in a month(s) after March 1988. * * *
10. Section 416.2213 is amended by revising the last sentence of
paragraph (c) to read as follows:
Sec. 416.2213 Payment for VR services in a case of VR refusal.
* * * * *
(c) * * * A State VR agency or alternate participant may be paid,
subject to the provisions of this subpart, for the costs of VR services
provided to an individual prior to his or her VR refusal if the
individual's disability or blindness benefits have been suspended for a
month(s) after October 1984 because of such VR refusal.
11. Section 416.2215 is revised to read as follows:
Sec. 416.2215 When services must have been provided.
(a) In order for the VR agency or alternate participant to be paid,
the services must have been provided--
(1) After September 30, 1981;
(2) During a month(s) for which--
(i) The individual is eligible for disability or blindness benefits
or continues to receive such benefits under section 1631(a)(6) of the
Act (see Sec. 416.2212); or
(ii) The disability or blindness benefits of the individual are
suspended due to his or her ineligibility for the benefits (see subpart
M of this part concerning suspension for ineligibility); and
(3) Before completion of a continuous 9-month period of SGA or
termination of disability or blindness benefits, whichever occurs first
(see subpart M of this part concerning termination of benefits).
(b) If an individual who is receiving disability or blindness
benefits under this part, or whose benefits under this part are
suspended, also is entitled to disability benefits under part 404 of
this chapter, the determination as to when services must have been
provided may be made under this section or Sec. 404.2115 of this
chapter, whichever is advantageous to the State VR agency or alternate
participant that is participating in both VR programs.
12. Section 416.2216 is amended by revising paragraphs (b)(2) and
(c)(2) to read as follows:
Sec. 416.2216 When claims for payment for VR services must be made
(filing deadlines).
* * * * *
(b) * * *
(2) If no written notice was sent to the State VR agency or
alternate participant, a claim must be filed within 12 months after the
month in which VR services end.
(c) * * *
(2) If no written notice was sent to the State VR agency or
alternate participant, a claim must be filed within 12 months
[[Page 31027]]
after the first month for which disability or blindness benefits are
suspended because of such VR refusal.
Sec. 416.2217 [Amended]
13. Section 416.2217 is amended in the introductory text of the
section by adding ``and (e)'' after ``section 1615(d).''
[FR Doc. 96-15407 Filed 6-18-96; 8:45 am]
BILLING CODE 4190-29-P
Complete official Federal Register PDF
FR Doc. 96-15383 Airworthiness Directives; AlliedSignal Inc. (formerly Textron Lycoming) LTS 101 Series Turboshaft and LTP 101 Series Turboprop Engines
[Federal Register Volume 61, Number 119 (Wednesday, June 19, 1996)]
[Rules and Regulations]
[Pages 31007-31009]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-15383]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. 93-ANE-64; Amendment 39-9668; AD 96-12-27]
RIN 2120-AA64
Airworthiness Directives; AlliedSignal Inc. (formerly Textron
Lycoming) LTS 101 Series Turboshaft and LTP 101 Series Turboprop
Engines
AGENCY: Federal Aviation Administration, DOT.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This amendment adopts a new airworthiness directive (AD),
applicable to AlliedSignal Inc. (formerly Textron Lycoming) LTS 101
series turboshaft and LTP 101 series turboprop engines, that requires
removal from service of suspect disks for a one-time inspection of the
disk tenon area of the gas generator turbine disk. This amendment is
prompted by a report of a gas generator turbine disk tenon failure. The
actions specified by this AD are intended to prevent total loss of
engine power, inflight engine shutdown, and possible damage to the
aircraft.
DATES: Effective August 19, 1996.
[[Page 31008]]
The incorporation by reference of certain publications listed in
the regulations is approved by the Director of the Federal Register as
of August 19, 1996.
ADDRESSES: The service information referenced in this AD may be
obtained from AlliedSignal Engines, 111 South 34th Street, Phoenix, AZ
85072; telephone (602) 365-2493, fax (602) 365-2210. This information
may be examined at the Federal Aviation Administration (FAA), New
England Region, Office of the Assistant Chief Counsel, 12 New England
Executive Park, Burlington, MA; or at the Office of the Federal
Register, 800 North Capitol Street, NW., suite 700, Washington, DC.
FOR FURTHER INFORMATION CONTACT: Eugene Triozzi, Aerospace Engineer,
Engine Certification Office, FAA, Engine and Propeller Directorate, 12
New England Executive Park, Burlington, MA 01803-5299; telephone (617)
238-7148, fax (617) 238-7199.
SUPPLEMENTARY INFORMATION: A proposal to amend part 39 of the Federal
Aviation Regulations (14 CFR part 39) to include an airworthiness
directive (AD) that is applicable to AlliedSignal Inc. (formerly
Textron Lycoming) LTS 101 series turboshaft and LTP 101 series
turboprop engines was published in the Federal Register on May 15, 1995
(60 FR 25869). That action proposed to require a one-time inspection of
the disk tenon area of the gas generator turbine disk in accordance
with Textron Lycoming Service Bulletin (SB) No. LT 101-72-50-0150,
dated September 1, 1993.
Interested persons have been afforded an opportunity to participate
in the making of this amendment. No comments were received on the
proposal or the FAA's determination of the cost to the public. The FAA
has determined that air safety and the public interest require the
adoption of the rule as proposed.
The FAA estimates that 618 engines installed on aircraft of U.S.
registry will be affected by this AD, that it will take approximately
6.5 work hours per engine to accomplish the required actions, and that
the average labor rate is $60 per work hour. AlliedSignal Inc. has
advised that they will supply disks or rotors on an exchange basis at
no cost to the operator. Based on these figures, the total cost impact
of the AD on U.S. operators is estimated to be $229,896.
The regulations adopted herein will 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 final
rule does not have sufficient federalism implications to warrant the
preparation of a Federalism Assessment.
For the reasons discussed above, I certify that this action (1) is
not a ``significant regulatory action'' under Executive Order 12866;
(2) is not a ``significant rule'' under DOT Regulatory Policies and
Procedures (44 FR 11034, February 26, 1979); and (3) 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 final evaluation has been prepared for this action
and it is contained in the Rules Docket. A copy of it may be obtained
from the Rules Docket at the location provided under the caption
ADDRESSES.
List of Subjects in 14 CFR Part 39
Air Transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.
Adoption of the Amendment
Accordingly, pursuant to the authority delegated to me by the
Administrator, the Federal Aviation Administration amends 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:
96-12-27 AlliedSignal Inc.: Amendment 39-9668. Docket 93-ANE-64.
Applicability: AlliedSignal Inc. (formerly Textron Lycoming) LTS
101 series turboshaft and LTP 101 series turboprop engines installed
on but not limited to Aerospatiale AS 350 and SA366G, Bell 222, and
Messerschmitt-Bolkow-Blohm (MBB) BK117 helicopters; and Piaggio
P166-DL3 and Airtractor AT302 airplanes.
Note: This airworthiness directive (AD) applies to each engine
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 engines that have been
modified, altered, or repaired so that the performance of the
requirements of this AD is affected, the owner/operator must use the
authority provided in paragraph (b) to request approval from the
Federal Aviation Administration (FAA). This approval may address
either no action, if the current configuration eliminates the unsafe
condition, or different actions necessary to address the unsafe
condition described in this AD. Such a request should include an
assessment of the effect of the changed configuration on the unsafe
condition addressed by this AD. In no case does the presence of any
modification, alteration, or repair remove any engine from the
applicability of this AD.
Compliance: Required as indicated, unless accomplished
previously.
To prevent total loss of engine power, inflight engine shutdown,
and possible damage to the aircraft, accomplish the following:
(a) Remove from service suspect disks and perform a one-time
inspection of the disk tenon area of the gas generator turbine disk,
and replace, if necessary, with a serviceable part, in accordance
with Textron Lycoming Service Bulletin (SB) No. LT 101-72-50-0150,
dated September 1, 1993, as follows:
(1) For disks with greater than 5,000 cycles since new (CSN) on
the effective date of this AD, remove within 235 cycles in service
(CIS).
(2) For disks with 4,501 to 5,000 CSN on the effective date of
this AD, remove within 285 CIS.
(3) For disks with 4,001 to 4,500 CSN on the effective date of
this AD, remove within 350 CIS.
(4) For disks with 3,501 to 4,000 CSN on the effective date of
this AD, remove within 450 CIS.
(5) For disks with 3,001 to 3,500 CSN on the effective date of
this AD, remove within 600 CIS.
(6) For disks with 2,501 to 3,000 CSN on the effective date of
this AD, remove within 800 CIS, or prior to accumulating 3,400 CSN,
whichever occurs later.
(7) For disks with 2,001 to 2,500 CSN on the effective date of
this AD, remove within 1,100 CIS, or prior to accumulating 3,400
CSN, whichever occurs later.
(8) For disks with less than 2,000 CSN on the effective date of
this AD, remove prior to accumulating 3,400 CSN.
(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, Engine Certification Office. The
request should be forwarded through an appropriate FAA Principal
Maintenance Inspector, who may add comments and then send it to the
Manager, Engine Certification Office.
Note: Information concerning the existence of approved
alternative methods of compliance with this airworthiness directive,
if any, may be obtained from the Engine Certification Office.
(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 aircraft to a location where
the requirements of this AD can be accomplished.
(d) The actions required by this AD shall be done in accordance
with the following SB:
[[Page 31009]]
----------------------------------------------------------------------------------------------------------------
Document
No. Pages revision Date
----------------------------------------------------------------------------------------------------------------
Textron Lycoming, SB No. LT 101-72-50- 1-6 Original................. September 1, 1993.
0150.
Total Pages: 6.
----------------------------------------------------------------------------------------------------------------
This incorporation by reference was approved by the Director of the
Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51.
Copies may be obtained from AlliedSignal Engines, 111 South 34th
Street, Phoenix, AZ 85072; telephone (602) 365-2493, fax (602) 365-
2210. Copies may be inspected at the FAA, New England Region, Office of
the Assistant Chief Counsel, 12 New England Executive Park, Burlington,
MA; or at the Office of the Federal Register, 800 North Capitol Street
NW., suite 700, Washington, DC.
(e) This amendment becomes effective on August 19, 1996.
Issued in Burlington, Massachusetts, on June 3, 1996.
James C. Jones,
Acting Manager, Engine and Propeller Directorate, Aircraft
Certification Service.
[FR Doc. 96-15383 Filed 6-18-96; 8:45 am]
BILLING CODE 4910-13-U
Complete official Federal Register PDF
FR Doc. 96-15361 Specialty Crops; Import Regulations; Peanut Import Regulations
[Federal Register Volume 61, Number 119 (Wednesday, June 19, 1996)]
[Rules and Regulations]
[Pages 31306-31322]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-15361]
[[Page 31305]]
_______________________________________________________________________
Part III
Department of Agriculture
_______________________________________________________________________
Agricultural Marketing Service
_______________________________________________________________________
7 CFR Part 999
Specialty Crops; Import Regulations; Peanut Import Regulations; Final
Rule
Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 /
Rules and Regulations
[[Page 31306]]
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 999
[Docket No. FV94-999-2FR]
Specialty Crops; Import Regulations; Peanut Import Regulations
AGENCY: Agricultural Marketing Service, USDA.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This final rule establishes minimum quality, identification,
certification and safeguard requirements for imported farmers stock,
shelled, and cleaned-inshell peanuts. This rule is issued under section
108B(f)(2) of the Agricultural Act of 1949, as amended. The provisions
of paragraph (f)(2) require all peanuts in the domestic market to fully
comply with all quality standards under Peanut Marketing Agreement No.
146 (Agreement). Therefore, this rule establishes the same quality
requirements and handling procedures for imported peanuts as those
which are in effect for domestically produced peanuts. This final rule
addresses comments to the proposed rule submitted by members of the
industry and other interested persons. This action will benefit peanut
handlers, importers and consumers by helping to ensure that all peanuts
in the marketplace comply with the same quality standards.
EFFECTIVE DATE: July 19, 1996.
FOR FURTHER INFORMATION CONTACT: Tom Tichenor or Rick Lower, Marketing
Specialists, Marketing Order Administration Branch, Fruit and Vegetable
Division, AMS, USDA, P.O. Box 96456, room 2523-S, Washington, DC 20090-
6456; tel: (202) 720-6862 or (202) 720-2020 respectively; fax (202)
720-5698.
SUPPLEMENTARY INFORMATION: This final rule is issued under paragraph
(f)(2) of section 108B of the Agricultural Act of 1949 (7 U.S.C. 1445c-
3), as amended November 28, 1990; Pub. Law 101-624, hereinafter
referred to as the Act. Paragraph (f)(2) of section 108B of the Act
provides that the Secretary of Agriculture (Secretary) shall require
that all peanuts in the domestic market fully comply with all quality
standards under Marketing Agreement No. 146 (7 CFR part 998), issued
pursuant to the Agricultural Marketing Agreement Act of 1937, as
amended (7 U.S.C. 601-674).
This rule adds ``Sec. 999.600 governing the importation of
peanuts'' under 7 CFR part 999--Specialty Crops; Import Regulations.
Section 999.600 establishes minimum quality, identification,
certification and safeguard requirements for foreign produced farmers
stock, shelled and cleaned-inshell peanuts presented for importation
into the United States. The quality requirements are the same as those
specified in Sec. 998.100 Incoming quality regulation and Sec. 998.200
Outgoing quality regulation established pursuant to the Agreement.
Whenever the regulations specified in the Agreement are changed, the
regulations in Sec. 999.600 will be changed accordingly. Safeguard
procedures enable the Department to monitor and assure importers'
compliance with the requirements of this regulation.
The intent of paragraph (f)(2) of section 108B of the Act is to
ensure that all peanuts in the domestic marketplace comply with the
same quality standards.
The U.S. Department of Agriculture (Department or USDA) is issuing
this rule in accordance with Executive Order 12866.
This rule has been reviewed under Executive Order 12778, Civil
Justice Reform, and is not intended to have retroactive effect. This
rule will not preempt any State or local laws, regulations, or
policies, unless they present an irreconcilable conflict with this
rule. There are no administrative procedures which must be exhausted
prior to any judicial challenge to the provisions of this rule.
Pursuant to requirements set forth in the Regulatory Flexibility
Act (RFA), the Agricultural Marketing Service (AMS) has considered the
economic impact of this rule on small entities.
The purpose of the RFA is to fit regulatory actions to the scale of
business subject to such actions in order that small businesses will
not be unduly or disproportionately burdened. Small agricultural
service firms, which include importers, have been defined by the Small
Business Administration (13 CFR 121.601) as those whose annual receipts
are less than $5 million. This import regulation is based on
regulations established under the Agreement which regulates the quality
of domestically produced peanuts.
Experience shows that peanut importers affected by this regulation
are comprised primarily of signatories to the Agreement and import
brokers. The majority of signatories to the Agreement cannot be
classified as small entities. Import brokers may contract with peanut
handlers who have the equipment and storage facilities needed to carry
out necessary shelling and reconditioning of imported peanuts. While
the Department is aware of at least seven importers who imported
peanuts into the United States (most of whom are small entities), it is
unable to accurately estimate the number or size of importers who may
choose to import peanuts in the future. The Department estimates that
there are as many as 50 domestic peanut handlers with storage and
milling facilities that can be used to prepare peanuts for human
consumption markets.
The quality and handling requirements of this import regulation
apply uniformly to all importers, whether small or large. The peanut
import quota, while limited, is available to all importers, regardless
of size or business orientation. There are no known additional costs
incurred by small importers that are not incurred by large importers.
No significant alternatives which could accomplish the objectives
of this action were identified.
Importers must incur the costs of inspection and aflatoxin
analysis. However, these costs are proportional to the volume of
peanuts imported and the size of each inspected and tested lot. Such
costs are applied to all importers regardless of size and also are
consistent with such costs incurred by handlers of domestically
produced peanuts. Additional costs are incurred if an imported lot must
be reconditioned to meet quality requirements of the import rule.
Losses may occur if an imported failing lot cannot be reconditioned and
must be disposed to a non-edible peanut outlet, destroyed or re-
exported. However, such costs are relative to the quality of each
imported peanut lot, and importers may reduce the likelihood of
incurring reconditioning costs or other losses due to poor quality
peanuts, by importing only high quality peanuts. In this regard, the
business risks for peanut importers are no different than those for
handlers of domestically produced peanuts. Further, it is common
industry practice that buyers (manufacturers) of peanuts require, or
make purchase contingent upon, passing grade and aflatoxin certificates
of each peanut lot purchased. Thus, the costs of inspection and
maintenance of lot identification are a part of normal business
practices for this industry.
While the level of benefits of this action are difficult to
quantify, the stabilizing effects of shipping only high quality and
wholesome peanuts to human consumption outlets impact both small and
large importers positively by helping them maintain and expand markets.
The Department is not aware of any Federal rules which duplicate,
overlap, or conflict with this final rule. Finally, this action is
required by statute.
[[Page 31307]]
Based on available information, the AMS has determined that this
rule would not have a significant impact on a substantial number of
small entities.
In the past, the importation of peanuts has been limited to 1.71
million pounds annually. However, the Schedule of the United States
annexed to the North American Free Trade Agreement (NAFTA), implemented
on January 1, 1994, provided duty free entry for up to approximately
7.43 million pounds of qualifying peanuts from Mexico. For 1996, the
duty-free access for Mexican peanuts increased to approximately 7.88
million pounds. In calendar year 2008, access for Mexican peanuts will
be unlimited. In addition, the United States Schedule to the Uruguay
Round Agreements negotiated under the General Agreement on Tariffs and
Trade (GATT) relaxes the peanut import quota to 74.5 million pounds in
1995, with additional annual increases of approximately 10 million
pounds to reach a ceiling of 125 million pounds by the year 2000 for
all imported peanuts.
Various qualities of peanuts are entered into the United States
from countries such as Argentina, Mexico, Nicaragua, India, and the
People's Republic of China. Foreign produced peanuts are produced under
varying weather conditions and using different cultural practices.
Consistent with the Agreement's regulatory provisions, each lot of
peanuts entered into the U.S. would be required to be officially
sampled and graded by the Federal or Federal-State Inspection Service
(inspection service). Incoming inspection for farmers stock peanuts and
outgoing inspection for edible quality shelled peanuts and cleaned-
inshell peanuts will be required for imported peanuts. A list of
inspection service offices is provided in paragraph (d)(2)(i) of this
regulation.
Some peanuts contain defects or other damage which cause them to be
of low quality or have poor taste which could affect the demand for
peanuts. Producers, handlers and manufacturers in the domestic peanut
industry believe that even an isolated quality problem could adversely
affect consumer confidence, which would be detrimental to the domestic
peanut industry.
The Agreement imposes quality standards for domestically produced
inshell and shelled peanuts. Peanut lots are graded based on the
percentage of unshelled peanuts, percentage of kernels with damage and
minor defects, percentage of loose shelled kernels, percentage of
foreign material, and percentage of moisture content. In addition, an
integral part of these quality standards is the extent of the presence
of Aspergillus flavus mold (the principal cause of aflatoxin, which is
a carcinogen). This mold is more likely to be found on damaged or
defective kernels than on sound, whole, good quality kernels. A
chemical analysis for aflatoxin is required on shelled peanut lots not
meeting superior quality requirements. Shelled lots that exceed certain
superior quality requirements need not be analyzed prior to shipment
for human consumption.
The proposed rule was issued January 23, 1996, and published in the
Federal Register February 1, 1996. A 30-day comment period was provided
and 16 comments were received. Comments were received from a United
States Congressman, as well as persons representing the agricultural
office of a South American embassy, the Peanut Administrative Committee
(PAC), the American Farm Bureau Federation, the Southwestern Peanut
Growers' Association, the Peanut Growers Cooperative Marketing
Association in the Virginia-Carolina area, the American Peanut Shellers
Association, and the American Peanut Product Manufacturers, Inc.
Comments were also received from a peanut product manufacturer, three
peanut brokers, one peanut handler/importer, and a company making
chemical analysis testing kits. Most all commenters agree that imported
peanuts should meet domestic requirements for human consumption.
However, they also were critical of various provisions in the proposed
rule.
Three commenters stated that the regulation should establish
requirements for aflatoxin testing of peanut butter and peanut paste
imported from Canada and Mexico. However, Peanut Marketing Agreement
No. 146, the authorizing statute, and the quality regulations under the
Agreement are only applicable to peanuts and not peanut products. The
Food and Drug Administration (FDA) is responsible for certifying the
aflatoxin level of imported peanut butter and peanut products.
Four commenters recommended that the rule should establish country-
of-origin requirements on imported peanuts to guard against peanuts
produced in one country and transhipped through another country before
importation into the U.S. However, the purpose of this rule is to
establish quality requirements for all imported peanuts, and
establishment of country-of-origin requirements is not necessary. The
United States Customs Service (Customs Service) monitors country-of-
origin on imported peanuts for tariff purposes. In addition, the grade
and aflatoxin certificates will identify the country-of-origin as the
shipping country unless another producing country is identified on
Customs Service documentation.
Five commenters were of the opinion that the regulation is contrary
to the spirit of GATT and NAFTA, which is to promote free and fair
trade. However, both GATT and NAFTA recognize the rights of signatories
to protect themselves from inferior quality imports by allowing the
receiving country to apply to imports the same standards mandated for
its domestically produced, agricultural products. The Department
believes that this rule meets such ``national treatment'' requirements
in that it provides the same grade and handling requirements applied to
peanuts domestically produced throughout the United States.
One commenter indicated that European countries are implementing a
program using the quality test results conducted by suppliers in
origin-producing countries. The commenter questioned why the Department
does not honor origin-testing programs in other countries while United
States peanut suppliers are aggressively supporting origin-testing of
peanuts they ship to Europe. The commenter recommended that imported
peanuts be origin-tested by recognized independent laboratories
overseas. The commenter suggested that a laboratory owned and operated
by a PAC-approved laboratory in the United States be authorized to
perform the grade and aflatoxin inspections in Argentina. The lab is
currently certifying peanut shipments to the United States and Europe,
and those shipments have met minimum aflatoxin requirements over the
past year.
The Agreement's requirements, as reflected in these import
regulations, are supported by an integrated quality assurance system
that includes statistically based sampling, positive lot
identification, and laboratory oversight. Because it would be
difficult, at this time, to ascertain that imported peanuts meet the
same quality requirements as domestic peanuts without the application
of that inspection system, these regulations do not provide for country
of origin inspection and testing.
A number of commenters complained about the increased burden on
importers, and four commenters contended that the regulation is more
burdensome on importers than the domestic regulation is on handlers
under the Agreement. Individually or jointly, they commented that the
proposed regulations would increase importers' burdens by: placing time
constraints on certification or non-edible disposition of each imported
lot;
[[Page 31308]]
requiring bonded storage which may be scarce or not available; adding
costs for demurrage, sampling, and inspection of imported lots; and
adding layers of bureaucracy and regulations. They commented that any
peanut lots requiring more than simple aflatoxin testing could not be
shelled, sorted, sized, remilled, and reported in 23 days.
As stated in the proposed rule, the purpose of these regulations is
to ensure that all peanuts (including imported peanuts) marketed in the
United States comply with quality standards of the Agreement. Quality
standards cannot be guaranteed without handling requirements that
prohibit the commingling of certain peanut lots and ensure lot
identification of imported shipments. Further, in order to ensure
compliance with non-edible disposition requirements, it is necessary to
require that imported peanut lots failing edible quality be certified
as handled and disposed of to appropriate non-edible peanut uses.
In this rule, the Department attempted to establish the least
burdensome and least costly procedures which would assure that imported
peanuts meet the required quality standards. Grade and disposition
requirements are the same as those provided under the Agreement. Lot
identification and storage requirements are similar to those of the
Agreement, but vary slightly because of Customs Service requirements
and because shipments have to be monitored from the place and time of
conditional release rather than from a buying point or shelling
facility.
The initial 30 day reporting period is a Customs Service
requirement that cannot be changed by a USDA regulation. It is applied
by Customs Service to imported merchandise that must meet product
requirements in effect in the United States. Also, as stated in the
proposed rule, the Department needs to establish a shorter reporting
period because a Customs Service port-of-entry office issuing the entry
documentation needs up to 7 days to issue a redelivery demand notice.
Therefore, the Department established a reporting period of 23 days
from the date of entry by the Customs Service.
The intent of a Customs Service redelivery notice is not
necessarily to require immediate return of the shipment to the port-of-
entry. Rather, the redelivery notice serves as a notice to the importer
that the lot must be either: (1) Brought into compliance with program
requirements within the number of days specified on the redelivery
notice, or (2) returned to the port-of-entry. During the redelivery
period, the importer may recondition a failing lot in order to bring
the lot into compliance with regulatory requirements. This option was
not clearly stated in the proposed rule.
The Department has been informed that it may establish a redelivery
period which is longer than the 30 days specified in the proposal.
Therefore, to enable importers more opportunity to meet the
requirements of this regulation, the Department is extending the
redelivery demand period from 30 days to 60 days. Customs Form 4647
(``Notice to Mark and/or Notice to Redeliver'') is issued by the
Customs Service at the request of AMS. A 60 day redelivery period
should be entered by the Customs Service under item 15 on the form.
Thus, an importer has as long as 90 days to move an imported peanut lot
through the peanut handling process. By the end of the redelivery
period, the importer must submit certifications to AMS that the lot
either: (1) Meets requirements for human consumption; (2) is disposed
to one or more non-edible peanut outlets; (3) is destroyed under
supervision of the inspection service and Customs Service; or (4) is
exported out of the U.S. Alternatively, the importer must redeliver the
peanuts to the port-of-entry pursuant to the redelivery notice.
An exception to this rule may be applied to cleaned-inshell peanuts
that are conditionally released for movement to an inland facility for
outgoing inspection. As stated in the proposed rule, such cleaned-
inshell peanut lots must proceed directly to the outgoing inspection
and may not undergo any cleaning, drying or sorting prior to outgoing
inspection. During outgoing inspection, if AMS determines that the
peanut lot sampled and graded is a farmers stock lot which has been
mislabeled or misrepresented as cleaned in-shell peanuts, the lot is
considered as ungraded farmers stock peanuts and must be sent to
incoming inspection or redelivered to the port-of-entry. Such lots, if
determined to be Segregation 1 quality at incoming inspection, can then
be cleaned, dried, sorted and otherwise prepared for outgoing
inspection as cleaned-inshell peanuts.
The importer must notify both the Customs Service and the AMS that
an outstanding lot has been certified as meeting disposition
requirements of these regulations, destroyed or exported. Failure to
meet these requirements or redeliver the peanut lot can result in
liquidated damages up to three times the value of the product.
The Department also wishes to reiterate that the above import
procedure is not the only procedure available to importers. Importers
can avoid the 23-day reporting requirement by holding shelled and
cleaned-inshell shipments under Customs Service custody until the
peanuts are sampled, tested and certified as meeting requirements for
human consumption. This should be possible with containerization of the
shipment that allows for sampling by the inspection service and storage
while under Customs Service custody.
The Customs Service requires (19 CFR part 141.5) that lots so held
must be entered within 5 working days after arrival at the port. Thus,
it is important that the peanut shipment be sampled and the samples
sent for outgoing quality inspection and chemical analysis as soon as
possible after unloading. Using overnight mail services and fax
transmissions, the importer should be able to obtain grade and
aflatoxin content certificates within 2 or 3 days. If certified as
meeting import requirements for human consumption, such peanuts do not
have to be reported to the Department and are not subject to further
handling requirements of this regulation. As stated in the proposed
regulations, shipments moved inland under Customs Service custody and
held in bonded warehouses are not considered as entered by the Customs
Service. Thus, the time under Customs Service custody will not be
counted against the 23-day reporting period.
One commenter questioned how the time frames relate to the stamp-
and-fax procedure and receipt of aflatoxin analyses. For all imported
shipments, it is incumbent on the importer to plan ahead by contacting
the inspection service offices where sampling and grading will take
place and the aflatoxin lab where the analysis will be conducted. The
stamp and fax procedure should take place before arrival of the
shipment. As noted above, the 23-day reporting period begins when the
shipment is released from Customs Service custody, whether at the port-
of-entry or inland after movement and storage under Customs Service
custody. Samples can be taken, inspections performed, and results
reported back to the importer within 2 or 3 days. Extra demurrage
charges at a port-of-entry would be less likely if the importer or
customs broker makes proper preparations prior to the arrival of a
shipment.
The Customs Service suggested that two definitions in paragraph (a)
be changed to be consistent with terminology used by Customs. The
Department has revised definitions for ``importation'' and
``conditionally released'' and has made conforming
[[Page 31309]]
changes throughout this final rule to be consistent with the new
definitions. In the proposed rule, the term ``importation'' was defined
to mean release from custody of the Customs Service. That definition
referred to peanuts after arrival and release by the Customs Service
for inland movement. To make the term consistent with Customs Service
operations, and for the purposes of this peanut import regulation, the
term ``importation'' means the arrival of a peanut shipment at a port-
of-entry with the intent to enter the peanuts into channels of commerce
of the United States.
``Conditionally released'' was defined in the proposed rule to mean
peanuts released under bond for consumption or withdrawal from
warehouse for consumption. This definition did not describe the reason
for release. For the purposes of this import regulation, ``conditional
release'' means released from Customs Service custody for further
handling (sampling, inspection, chemical analysis, or storage) before
liquidation (final release after computation of applicable duties) by
the Customs Service of the imported peanut lot.
After receiving information from a Customs Service port-of-entry
officer, the Department has made an additional relaxation that could
reduce the filing burden on importers. The proposed rule stated that
one Customs Service entry document must be filed for each peanut lot
entered. However, one entry document may encompass several lots. Each
lot must be separately identified on the entry document to allow for
appropriate monitoring and clearance. For example, a shipment of
500,000 pounds of shelled peanuts in 10 containers can be entered on
one entry document as 10 lots of one container per lot; 5 lots of two
containers per lot; 3 lots of 200,000 and 200,000 and 100,000 pounds
per lot, or other variations. Subdivision of a large shipment is a
decision for the importer, working cooperatively with the Customs
Service and the inspection service at the port-of- entry. Paragraph (g)
has been changed accordingly.
Two commenters pointed out that the proposed rule did not provide
for changes in lot weight, especially after remilling or cleaning of a
failing lot. The Department acknowledges potential difficulty in
accounting for the total weight of a very large lot which may be
shelled and reconditioned several times. However, the Department
believes that the accepted percentage for the weight of shells in the
shelling process plus the combined weight of resultant sublots and
residuals should account for the total weight of the original lot. The
Customs Service and the inspection service both recognized that inshell
peanuts are 65 percent kernel weight and 35 percent shell weight.
Further, the lot identification procedures of the inspection service
identify the weight of the certified lot. Thus, when an importer
reports disposition of a lot that has been reconditioned, the report
must include inspection and lot identification certificates on all
sublots--both edible and non-edible residuals--resulting from remilling
or blanching.
One commenter offered three recommendations that the Department has
included in this final rule. The commenter correctly stated that, under
the Agreement, in addition to shelling, failing cleaned-inshell lots
may be remilled by running the inshell peanuts through inshell milling
two or more times to remove moldy, damaged, moisture laden peanuts, and
foreign material that prompted the failing certification. However, as
noted above regarding reconditioning of cleaned-inshell peanuts,
reconditioning may not be conducted if the inspection service
determines that the failing peanuts are farmers stock peanuts and not
cleaned-inshell peanuts. Such lots are considered to be mislabeled and,
therefore, subject to redelivery without reconditioning.
The commenter also pointed out that destroying failing peanuts by
burying must be carried out under the supervision of the inspection
service. Finally, he pointed out that under the Agreement, Segregation
2 and 3 farmers stock peanuts which are shelled before exportation,
must first also be fragmented. This requirement is a safeguard against
such peanuts being diverted to human consumption outlets. Therefore
these changes have been made in the final rule.
A commenter pointed out two places in the preamble of the proposed
rule where positive lot identification provisions could be inserted to
ensure positive lot identification of failing peanut lots. The
commenter also suggested that a definition for positive lot
identification be added to the final rule. While the Department agrees
with the need to ensure lot identification on all imported lots, it
also understands the great burden that 'positive' lot identification
could place on importers--particularly for large shiploads of peanuts.
Positive lot identification involves an inspection service seal or tag
that clearly identifies the peanuts covered by the seal or tag--which
is affixed in such a way that the peanut container cannot be tampered
with without destroying the seal or tag. Because of the size of some
imported shipments (up to 200,000 pounds), or because of the multiple
containers or bags used for such lots, it would be impractical to
require that a seal be placed or tag be sewed onto every container or
bag of such large shipments at the port-of-entry. For this reason, a
definition of positive lot identification was not included in the
proposed rule. This does not mean, however, that lot identity is not as
important under the import regulation as it is under the Agreement.
Each imported lot must be lot identified in such a way as to clearly
distinguish the peanuts in the lot, but not necessarily require tags on
individual bags or plastic wrap around an entire lot. Arrangements for
lot identification should be made with the inspection service and
Customs Service officers at the port-of-entry. Such arrangements can be
tailored for the particular circumstances of each imported lot. Lot
identification requirements of this rule should provide no less
assurance of positive lot identity than is provided under the Agreement
for domestically produced peanuts.
The commenter's suggestion that positive lot identification be
placed on failing lots is accepted by the Department. This final rule
makes the identification procedures for failing residual peanuts more
precise by establishing that residual peanuts resulting from the
reconditioning, remilling or blanching of a failing imported lot must
be positive lot identified. At this point in the handling process,
residual peanuts from a milling process are capable of being handled
the same as domestically produced peanuts--and therefore, should be
subject to the same positive lot identity labeling requirements (such
as sewing tags on bags or stamping individual containers of failing
peanuts) that are required for domestically produced failing peanuts.
Clarifying sentences are added to paragraphs (c)(3) and (g)(2)
requiring positive lot identification of residual lots.
Several commenters addressed the proposed provision which states
that superior quality shelled peanuts do not have to be tested for
aflatoxin prior to shipment for human consumption. Two addressed the
dangers of aflatoxin contamination in food products and recommended
that aflatoxin testing be required on all peanut lots imported into the
United States.
Under the Agreement, all domestically produced, shelled peanuts
intended for human consumption use must meet specified minimum quality
requirements found in the Agreement's ``Other Edible Quality'' table
and must
[[Page 31310]]
undergo chemical analysis for aflatoxin content prior to shipment for
human consumption. Other edible quality grade is referred to as minimum
grade in this import regulation. Further, the Agreement provides that
peanuts which meet the higher quality requirements found in the
``Indemnifiable Grades'' table do not need to undergo such chemical
analysis. Indemnifiable grade is referred to as superior grade in this
import regulation.
One commenter referred to paragraph (l)(3) of section 998.300
``Terms and Conditions for Indemnification'' as a requirement for
aflatoxin analysis. However, this section of the Agreement refers to
indemnified lots and has no relevance to imported peanuts as those
peanuts cannot be indemnified under the Agreement.
One commenter, while recognizing that the superior grade peanuts do
not have to be tested for aflatoxin, suggested that uncontrolled
temperature, humidity, and moisture could degrade the condition of a
peanut lot during shipment. Therefore, the commenter recommended that
all imported peanuts, even those that meet ``Superior Quality
Requirements'' upon arrival in the U.S., should be chemically tested
for aflatoxin content. Imported peanut lots which are not properly
packaged or handled during shipment and are degraded or otherwise
damaged as a result, would most likely fail ``Superior Quality
Requirements'' and would be subject to aflatoxin analysis. Therefore,
the recommendation is denied.
One commenter asked whether the regulations in the proposed rule
represented an overlap of responsibility between the Department and FDA
with regards to the methodology used for sampling and testing peanut
shipments and the enforcement of test results. As stated in the
proposed rule, this rule does not supersede laws or requirements of
other Federal government agencies. Thus, this rule does not prevent FDA
from inspecting imported peanut shipments, should it choose to do so.
The Department has initiated a Memorandum of Understanding with FDA to
minimize possible duplication of inspections.
Three commenters recommended that the implementation of the
regulation be delayed. Two suggested that because some members of the
Agreement wish to amend the regulations regarding the handling of
farmers stock peanuts, it would be better to delay implementation of
the import regulation until such a change, if approved by the
Secretary, is implemented. They commented that such delay would avoid
confusion regarding applicable import requirements. One commenter
complained that some peanut shipments are already in transit to the
United States and should not be held to requirements established after
departure of the shipment. Because of concerns such as these, the
Department has decided to make this rule effective 30 days after the
date of publication in the Federal Register. Since the rule was first
proposed on February 1, 1996, importers should have ample time to
prepare for its implementation.
As noted in the proposed rule, whenever the quality requirements
and handling procedures are changed in the Agreement, the same or
equivalent changes will be made in the quality requirements and
handling procedures of this import regulation.
In preparing for implementation of this regulation, the inspection
service has issued instructions to its field offices which will receive
and collect the samples of imported peanut shipments. To reduce the
possibility of split kernels caused in the sampling process, special
instructions have been issued for collecting the samples from bags.
While no comments were received regarding this issue, the Department
wants the industry to be aware that precautions have been taken to
avoid causing defects in lots during the handling. The same procedures
are followed when sampling domestically produced peanuts presented in
bags.
Several minor corrections and clarifications also are made to
correct references to paragraphs in the regulatory text and clarify
procedures presented in the proposed rule. The changes are based on
comments received and on the Department's review of the published
proposed rule.
Customs Service Entry Requirements and USDA Safeguard Procedures
Importer obligations include filing documents notifying the Customs
Service and the Department of different actions taken concerning
foreign produced inshell and shelled peanuts. Customs Service
importation procedures and requirements are set out in title 19 of the
Code of Federal Regulations (19 CFR). The Customs Service regulations
applicable to peanut handling and processing include, but are not
limited to: bond requirements (19 CFR part 113); transfer from port-of-
entry to another Customs Service office location (19 CFR part 112);
entry of merchandise for consumption (19 CFR part 141); warehouse
entry, and withdrawal from warehouse for consumption (19 CFR part 144);
establishment of bonded warehouses (19 CFR parts 19.13 and 19.2); and
manipulation in bonded warehouses (19 CFR part 19.11); transfer of
ownership (19 CFR parts 141.113 and 141.20); failure to recondition (19
CFR part 113.62(e); and redelivery of merchandise 19 CFR part
113.62(d). For purposes of this regulation, the term ``consumption''
means ``use in the United States.'' Customs Service entry procedures
are not superseded by this import regulation.
Foreign produced peanuts may be entered for ``warehouse'' or
entered for ``consumption,'' or may be transported to another Customs
Service port-of-entry to be entered there for warehouse or consumption.
Peanuts transported from one Customs Service port-of-entry to another
Customs Service port-of-entry must be transported by a carrier
designated by the Customs Service under 19 U.S.C. 1551. Peanuts entered
for warehouse are stored in a Customs Service bonded warehouse. Such
peanuts remain in Customs Service custody until they are withdrawn from
warehouse, or entered, for consumption--and are released from Customs
Service custody. Peanuts entered for consumption, or withdrawn from
warehouse for consumption, are released conditionally, pending
certification that the peanuts meet the handling and quality
requirements of this regulation and conform to Customs Service entry
requirements. The Customs Service can demand redelivery of peanuts that
fail these requirements.
The importer, or import broker acting on behalf of the importer, is
required to file with the Customs Service required entry documentation
for each foreign produced peanut shipment to be entered. More than one
lot can be filed on one entry document. Under safeguard procedures
established in this rule, each importer is also required to file
completed entry documentation (Customs Form 3461 or other equivalent
form) with the inspection service office that will perform the sampling
of the lot for inspection to provide that office with advanced notice
of requested inspection. The entry documentation may be filed by mail
or facsimile transmission (fax). The filing should occur prior to
arrival of the shipment at the port-of-entry in order to expedite entry
procedures. The inspection service office will stamp, sign, and date
the entry document and return it to the importer or broker by fax or
mail. The importer/broker will then submit the stamped copy to the
Customs Service. This ``stamp-and-fax'' procedure is similar to a
procedure in place for other imported agricultural commodities under
AMS jurisdiction. Failure to show the Customs Service a copy of the
entry
[[Page 31311]]
documentation stamped by the inspection service will result in a delay
or denial of entry of a peanut lot. The importer/broker must also mail
or fax a completed copy of the document to AMS to initiate the
Department's monitoring process.
The location and telephone numbers of inspection service offices
that perform peanut sampling and/or grade inspections are provided in
paragraph (d)(3) of this rule. Inspection service offices at other
locations may be contacted to sample the imported peanut lot. In such
cases, the collected peanut samples will be shipped to an inspection
service office which has equipment and personnel qualified to perform
grade inspections. Samples of lots meeting minimum grade requirements
will also be sent to an approved laboratory (listed in paragraph
(d)(4)) for aflatoxin analysis. The lot will have to remain in storage
pending grade and aflatoxin certification.
It is the importer's responsibility to provide, in the mailed or
faxed documentation, sufficient information to identify the peanut lot
being entered and to ensure that arrangements are made for sampling and
inspection. The information will include the container identification,
weight of the peanut lot, the city, street address, and building number
(if known) receiving the peanut lot, the requested date and time of
inspection, and a contact name or number at the destination. If the
destination is changed from that listed on the stamp-and-fax document,
it is the importer's responsibility to immediately advise inspection
service offices at both the original destination and the new
destination of such change. Shipments which are not made available
pursuant to the entry document, or are not properly displayed for
sampling purposes, will be reported to the Customs Service.
Falsification of reports submitted to AMS is a violation of Federal
law punishable by fine or imprisonment, or both.
A bond secured by surety or U.S. Treasury obligations is required
to be posted by the importer with the Customs Service to guarantee the
importer's performance. Peanuts can be determined inadmissible because
the importer failed to follow Customs Service importation procedures,
the peanuts failed to meet quality requirements, or because the
handling procedures (including lot identification and certification)
specified in this regulation were not followed.
Redelivery will be demanded for failure to comply with the quality,
handling, and reporting requirements of this import regulation,
including: arrival at the inland destination with a broken Customs
Service or inspection service seal; failure to maintain lot identity;
mislabeling of the peanuts being imported; failure to receive required
inspection; commingling of peanut lots not of like quality or
condition; disposition of non-edible peanuts to an edible peanut outlet
or an improper, non-edible peanut outlet; and failure to fully report
the disposition of foreign produced peanuts. Disposition reports will
include grade, aflatoxin, and identification certifications and bills
of lading, sales receipts, and other documentation showing the peanuts
were disposed to a non-edible peanut outlet, exported, or destroyed.
Following Customs Service regulations, a redelivery demand must be
issued by the Customs Service within 30 days of Customs Service entry
of the peanuts--if the peanuts are not certified as meeting
requirements of this import regulation. Because the Customs Service
requires one week to prepare and issue a redelivery demand notice, this
import rule establishes that importers must report disposition of lots
of peanuts to AMS within 23 calendar days of the date of entry.
Although a 23-day reporting deadline may be considered burdensome by
some, the deadline is necessary because of the Customs Service 30-day
notification requirement.
If an importer has difficulty meeting edible consumption
certification or completing necessary shelling, remilling, or other
reconditioning by the 23rd day after entry, the importer should notify
AMS of such difficulty. If the importer fails to so notify AMS, or
fails to report necessary certification, AMS will request the Customs
Service to issue a redelivery demand for the out-of-compliance lot.
As covered above, after receiving a notice of redelivery, the
importer may continue to try to recondition the failing lot or
redeliver the failing lot to the port-of-entry. The redelivery notice,
in effect, provides an additional 60 days, from the date of issuance,
for the importer to comply with requirements of this import regulation.
The exception to this is for peanuts labeled as cleaned-inshell which
are determined by the inspection service to be unprepared farmers stock
peanuts. Such peanuts must be redelivered immediately and may not be
reconditioned.
If the importer is unable to meet these import requirements by the
end of the 60-day redelivery period, the importer may request an
extension of the period from the Customs Service. The Customs Service
may authorize an appropriate extension for good cause. The importer is
responsible for reporting any such extension to AMS.
When moving a conditionally released lot inland, the importer will
cause a copy of the entry documentation applicable to the peanut lot to
be forwarded with the peanuts to the lot's inland destination. If the
shipment is sealed by Customs Service or the inspection service, the
seal must remain intact and can be broken only by an authorized
official at the destination point.
The identification requirements in this regulation are similar to
the Agreement's lot identification requirements. Lot size is limited to
200,000 pounds to comply with Agreement requirements and sampling
provisions of the inspection service. Boatload shipments exceeding
200,000 pounds must be entered as two or more lots, but may be entered
under one Customs Service entry document. For instance, five containers
averaging 40,000 pounds each (the domestic industry standard) may be
entered as five lots on one entry document. Lot size and identification
arrangements must be made consistent with the port-of-entry inspection
service office requirements and should be established cooperatively
between the inspection service, Customs Service offices and the
importer at the port-of entry. This will facilitate subsequent lot
identification, inspection, and reporting of large imported shipments.
Foreign produced peanuts placed in storage may be commingled only
with like-quality, foreign produced peanuts belonging to the same
importer. Similarly, failing quality peanuts may be commingled with
other such foreign produced peanuts prior to clean-up or non-edible
disposition. Reports certifying disposition of all peanuts in the
commingled lot must be filed within 23 days of Customs Service entry of
the earliest-entered lot commingled, or, if a redelivery notice is
issued on the earliest entered lot, within the 60-day redelivery period
for that lot. The remaining commingled peanuts must be withdrawn,
inspected, properly disposed, and reported before the end of that 60-
day redelivery period. If necessary, the importer may request that
Customs Service extend the redelivery period for the remaining peanuts
in the commingled lot.
The objective of the lot identification requirements is to help
ensure that individual peanut lots are disposed as required and that
defects in poor quality peanut lots are not blended out by commingling
poor quality peanuts with higher quality peanuts. The lot
identification requirements in this
[[Page 31312]]
import regulation are similar to positive lot identification
requirements specified for domestically produced peanuts. Positive lot
identification involves a Federal or Federal-State Inspection Service
seal or tag that clearly identifies the peanuts covered by the seal or
tag, and which is affixed in such a way that the peanut lot cannot be
tampered with, without destroying the seal or tag. Because of the size
of some imported shipments (up to 200,000 pounds) it would be
impractical to have a seal or tag sewed onto every bag or container in
such a lot. Thus, an imported lot may be lot identified in such a way
as to clearly distinguish the peanuts in the lot, but not require tags
on individual bags or plastic wrap around the entire lot. However,
residual sublots resulting from the reconditioning, remilling or
blanching of a failing lot must be positive lot identified, consistent
with the provisions of lot identification provisions of the Agreement.
All USDA required sampling, quality certification, and lot
identification must be conducted by the inspection service. Chemical
analysis must be conducted by a USDA or an approved laboratory. Foreign
produced peanuts stored in bonded warehouses are subject to Customs
Service audits. Importers will reimburse the inspection service,
laboratories, and the Customs Service for services provided and costs
incurred with regard to the entry of the importer's peanuts.
Depending on condition (shelled or cleaned-inshell) and
containerization, foreign produced peanuts may be either: (1) Sampled,
inspected, and held in a Customs Service bonded warehouse at the port-
of-entry until certified by the inspection service as meeting the
edible quality requirements of this rule; or, (2) conditionally
released at the port-of-entry and entered under Customs Service entry
procedures for later inspection and certification.
Under option (1), foreign produced shelled or cleaned-inshell
peanuts which are cleaned, sorted, sized, and otherwise prepared for
edible consumption prior to importation, are sampled at the port-of-
entry. The importer must present such peanuts in containers or bags
that allow appropriate sampling of the lot pursuant to inspection
service requirements. After sampling, such lots are held at the port-
of-entry, under lot identification requirements of the inspection
service, pending results of the inspection and chemical analysis.
Depending on location of the port-of-entry, portions of the samples are
sent to an inspection service inspection facility for grade inspection
and to an aflatoxin laboratory for chemical analysis. If determined to
meet the applicable edible quality requirements in paragraph (c) of
this rule, the shelled or cleaned-inshell peanuts may be entered for
consumption without further inspection. Reports of such entries do not
have to be filed with AMS because the lots cleared all requirements
while under Customs Service custody.
Such shelled or cleaned-inshell peanuts, sampled and held at the
port-of-entry, which fail edible quality requirements may, at the
importer's discretion, be: (1) re exported; (2) entered for
reconditioning, and if satisfactorily remilled or blanched, certified
for edible consumption; or (3) entered for non-edible consumption.
Failing peanuts that are re-exported do not have be reported to AMS
because the peanuts were not entered into the U.S. The importer must
file certifications which report all actions taken on each lot entered
for reconditioning or non-edible consumption. Such certifications must
be reported within 23 days of entry, or, if a redelivery notice is
issued, within the 60-day redelivery period.
Under option (2), shelled and cleaned-inshell peanuts which are
cleaned, sorted, sized, and otherwise prepared for edible consumption
prior to importation, may be entered and transported inland for
subsequent sampling, inspection, and certification. Farmers stock
peanuts also must be shipped inland for sampling and inspection because
specialized, farmers stock sampling facilities are not available at
ports-of-entry. Certifications reporting disposition of these lots must
be filed within 23 days of entry, or, if a redelivery notice is issued
on the lot, within the 60-day redelivery period.
Categories of Peanuts Submitted for Importation
Farmers Stock Peanuts
Such peanuts are required to undergo incoming inspection at a
prearranged buying point prior to arrival at a shelling or storage
destination. All required inspections, shelling, and dispositions of
farmers stock peanuts must be completed and reported within 23 days of
entry, or, if a redelivery notice is issued on the lot, within the 60-
day redelivery period.
Foreign produced farmers stock peanut lots cannot be commingled
with other peanut lots prior to incoming inspection. Incoming
inspection determines the quality of the farmers stock peanuts based on
moisture content, foreign material, damage, loose shelled kernels, and
visible Aspergillus flavus mold. The inspection service will issue USDA
form CFSA-1007, ``Inspection Certificate and Sales Memorandum''
(formerly ASCS-1007) designating the lot as either Segregation 1, 2, or
3 quality.
Only Segregation 1 peanuts can be prepared for human consumption
use. Such peanuts may be shelled or prepared for cleaned-inshell use.
For quality control and reporting purposes, Segregation 1 lots intended
for human consumption outlets may be commingled only with other like
quality peanuts of the same importer. A Segregation 1 lot which is
commingled with Segregation 2 or 3 peanuts must assume the lower
Segregation 2 or 3 quality and must be disposed as non-edible quality
peanuts.
Foreign produced farmer stock peanuts received by importers and
determined at incoming inspection to be Segregation 2 and 3 quality
peanuts must be disposed only as non-edible peanuts. Segregation 3 and
commingled Segregation 2 and 3 farmers stock peanuts may be exported
inshell or exported shelled if fragmented prior to export. Segregation
2 and 3 peanuts also may be destroyed by burying (under inspection
service and Customs Service supervision) or exported (certified by
Customs Service). The importer must report non-edible disposition by
providing a copy of the incoming inspection certificate, bills of
lading and sales receipts, or other official certifications as proof of
disposition to crushing, exportation, other non-edible outlets, or
burying. Segregation 2 and 3 peanuts that are exported must be lot
identified by the inspection service and certified as exported by the
Customs Service. Certification of non-edible disposition or export must
be filed with AMS within 23 days of entry, or, if a redelivery notice
is issued, within the 60-day redelivery period. Customs Service re-
export procedures must be followed.
Foreign produced Segregation 2 and 3 quality peanuts may be shelled
by a custom seed sheller for seed use and, if so disposed, such peanuts
must be dyed or chemically treated so as to be unfit for human or
animal consumption. Domestically produced Segregation 2 and 3 peanuts
shelled for seed need not be dyed or treated but must be produced under
the auspices of a State agency, shelled by a custom seed sheller, and
subject to PAC oversight. Measures such as these are necessary to
ensure that peanuts used for human consumption are safe and wholesome.
Proof of dyeing or chemical treatment of foreign produced peanuts must
be filed with AMS within 23 days of entry, or, if a
[[Page 31313]]
redelivery notice is issued on the lot, within the 60-day redelivery
period.
Foreign produced farmers stock peanuts do not qualify for the
support program administered by the Department's Farm Service Agency,
formerly the Agricultural Stabilization and Conservation Service.
Shelled peanuts: Foreign produced shelled peanuts may: (1)
Originate from foreign produced Segregation 1 farmers stock milled at
facilities in the U.S., or (2) be peanuts produced and milled in
another country which are conditionally released at the port-of-entry
for inland sampling and inspection. Both categories of shelled peanuts
must be sampled and inspected against outgoing quality requirements
specified in paragraph (c) of this regulation.
Domestically produced shelled peanuts intended for edible markets
must originate from farmers stock peanuts which have undergone incoming
inspection and are determined to be of Segregation 1 quality. AMS
cannot determine whether peanuts produced and shelled in a foreign
country originated from Segregation 1 quality peanuts prior to
shelling. However, because outgoing inspection and chemical analysis is
more reliable and precise in determining aflatoxin content in peanut
kernels, this import regulation provides that peanuts shelled prior to
importation are exempt from incoming inspection before delivery for
outgoing inspection. Such shelled peanuts must be sampled and tested
against outgoing quality requirements prior to disposition to edible
outlets.
Two grade levels for shelled peanuts are in effect under the
Agreement and are established in this import regulation. The Agreement
provides that shelled peanut lots meeting the quality requirements
specified in a table entitled ``Other Edible Quality,'' under paragraph
(a) of Sec. 998.200, must be chemically analyzed for aflatoxin content
prior to disposition to edible outlets. The quality requirements
specified in the Other Edible Quality table are duplicated in ``Table
1, Minimum Grade Requirements--Peanuts for Human Consumption'' of this
import regulation. The outgoing quality requirements also include a
parts-per-billion tolerance for aflatoxin, determined by chemical
analysis.
The Department has corrected an entry in Table 1. Minimum Grade
Requirements'' as published in the proposed rule. Under the ``Lots of
splits'' category, the cite for Virginia peanuts should read ``Virginia
(not less than 90% splits).'' The proposed rule incorrectly stated not
more than 90%.
Aflatoxin appears most frequently in damaged, stressed, under-
developed and malformed kernels. Domestic lots with fewer poor quality
kernels are less likely to be contaminated and, thus, do not have to be
chemically tested. The Agreement's ``Indemnifiable Grades'' table in
paragraph (a) of Sec. 998.200, provides for a superior quality level
with more rigorous percentage tolerances than those found in the Other
Edible Quality table. Foreign produced shelled lots meeting the
superior quality standards do not have to be chemically analyzed prior
to their disposition for human consumption. The quality requirements
specified in the ``Indemnifiable Grades'' table are duplicated in
``Table 2 Superior Quality Requirements--Peanuts for Human
Consumption'' of this rule.
Paragraph (c)(4) of Sec. 998.200 provides that peanuts are
considered edible quality if the chemical assay shows the lot contains
15 ppb or less of aflatoxin. Thus, the level of aflatoxin in foreign
produced peanut lots intended for edible peanut markets must not exceed
15 ppb. Consistent with paragraphs (c)(4) and (g)(3) of Sec. 998.200,
non-edible quality peanut lots with 25 ppb or less must be disposed to
certain non-edible peanut outlets. Disposition of non-edible quality
peanut lots with aflatoxin exceeding 25 ppb must be further restricted
to certain other non-edible peanut outlets. The sampling, testing,
certification and identification of foreign produced peanut lots must
be performed in accordance with paragraph (d)(4) of this rule.
Chemical testing is performed by an AMS, Science and Technology
Division laboratory or a laboratory approved by the PAC. The PAC
locally administers the Agreement with Department oversight. A list of
approved laboratories is provided in paragraph (d)(4)(iv) of this
regulation. These are the same laboratories specified in the Agreement
and any changes to the list will be incorporated in this section.
Thus, to obtain approval for human consumption use of a foreign
produced shelled peanut lot, the importer must present to AMS and the
Customs Service two certifications: (1) Quality certification Form FV-
184-9A ``Milled Peanut Inspection Certificate'' and (2) aflatoxin
certification Form CSSD-3 ``Certificate of Analysis for Official
Samples'' issued by USDA laboratories, or equivalent forms issued by a
PAC approved lab. An aflatoxin certificate is not required if the lot
meets the superior grade requirements, but may be required by the
buyer. The certificates are the same as those used to report grade and
chemical analysis results for domestically produced peanuts. The
required certificates must be received by AMS within 23 days of entry,
or, if a redelivery notice is issued, within 60 days of the redelivery
notice.
Cleaned-Inshell Peanuts
Inshell peanuts that have been cleaned, sorted, and prepared in
another country for edible inshell peanut markets in the U.S. may be
presented for importation at the port-of-entry. Such peanuts can be
declared as cleaned-inshell peanuts on the Customs Service entry
document and can either be presented for outgoing inspection at the
port-of-entry, if delivered in bags and presented is such a way as to
be accessible for sampling by the inspection service, or conditionally
released for outgoing inspection at a facility inside the U.S. Because
the Department is unable to determine if foreign produced cleaned-
inshell peanuts come from Segregation 1 peanuts, peanuts declared as
cleaned-inshell on a Customs Service entry document must not undergo
additional cleaning, sorting, sizing, or drying prior to outgoing
inspection at the destination point inside the U.S.
Cleaned-inshell lots that fail outgoing inspection for inshell
peanuts may be reconditioned (remilled) and subsequently sampled and
graded for outgoing inspection. If there is any indication that an
imported farmers stock lot is mislabeled or misrepresented as cleaned-
inshell peanuts when entered, redelivery of the lot will be required
and the lot may not be reconditioned prior to redelivery to the port-
of-entry.
Cleaned-inshell peanut lots destined for edible peanut markets are
required to meet certain minimum quality inshell requirements for
damage, moisture and foreign material. Cleaned-inshell lots containing
more than 1 percent kernels with visible mold have to be chemically
tested and meet minimum aflatoxin requirements. The cleaned-inshell
quality requirements specified in paragraph (c)(2) of this rule are the
same as the quality requirements in paragraph (b) of Sec. 998.200 of
the Agreement.
Foreign produced farmers' stock Segregation 1 peanuts also can be
prepared and presented at outgoing inspection as cleaned-inshell
peanuts. Such peanuts inspected and certified as meeting grade
requirements for edible cleaned-inshell peanuts must be designated as
imported peanuts on inspection service form FV-184-9A. The importer
must file form FV-184-9A with AMS for each lot of foreign produced
cleaned-inshell peanuts
[[Page 31314]]
meeting edible quality requirements for cleaned-inshell peanuts.
Imported peanuts certified as meeting edible requirements can be
used any way desired. Only after shelled and cleaned-inshell peanuts
are certified as meeting applicable requirements can such peanuts be
commingled with imported lots of other importers or domestically
produced peanuts which also have been certified for human consumption.
Disposition of Failing Peanuts
The following peanuts cannot be used for human consumption: (1)
Farmers' stock peanuts that grade either Segregation 2 or Segregation
3; (2) cleaned-inshell and shelled peanuts that fail outgoing quality
and/or aflatoxin requirements and are not reconditioned or reworked
(the removal of defective kernels); and (3) below grade residue from
any shelling, milling or blanching operations.
Cleaned-inshell lots that fail outgoing inspection requirements of
paragraph (c)(2) can be reconditioned by remilling the peanuts, which
can include shelling. If shelled or remilled, the peanuts must meet
outgoing requirements of paragraph (c)(1) for shelled peanuts or (c)(2)
for inshell peanuts.
Failing lots of shelled peanuts, which originated from Segregation
1 peanuts, can be reconditioned following procedures established in
paragraph (f) of this rule. These provisions are the same as those
established under various provisions of the Agreement. Segregation 1
shelled peanuts which fail quality requirements in Table 1 and/or
exceed 15 ppb aflatoxin content can be reconditioned by remilling and/
or blanching and, when subsequently reinspected and certified as
meeting edible quality and aflatoxin requirements, can be disposed to
edible peanut outlets. If not reconditioned, failing Segregation 1 lots
must be disposed to non-edible peanut outlets as unrestricted or
restricted peanuts as described below.
Provisions controlling the disposition of residue peanuts from
inshell remilling and shelled remilling and blanching that continue to
fail edible quality requirements are also provided in this rule. Two
categories of non-edible peanuts are specified under the Agreement--
``unrestricted'' and ``restricted.'' The designation is based on the
amount of aflatoxin detected in the lot. ``Unrestricted'' peanuts are
peanuts which fail one or more quality requirements and, when
chemically assayed, contain more than 15 ppb but 25 ppb or less
aflatoxin. While such peanuts are of non-edible quality, they can be
crushed for oil, exported or used in animal feed, provided that certain
handling and container labeling requirements are followed. Unrestricted
peanuts also can be used for seed (if dyed or treated to prevent edible
use), crushed for oil, exported, or buried. Meal resulting from the
crushing of unrestricted peanuts does not have to be tested a second
time for aflatoxin content. Disposition of meal resulting from the
crushing of peanuts is not regulated under the Agreement or this
regulation.
Peanuts containing more than 25 ppb aflatoxin are designated as
``restricted'' peanuts. Restricted peanut lots may or may not meet
quality requirements of Table 1. At the direction of the importer,
restricted peanut lots must be used either for seed (if dyed or
treated), crushed for oil, destroyed by burying (under supervision of
the inspection service), or exported. Meal resulting from the crushing
of restricted peanuts must be certified as to aflatoxin content and
such certification must accompany the meal into the channels of
commerce.
The importer can dispose of a failing peanut lot directly to a non-
edible peanut outlet or set aside and commingle several failing lots
for eventual disposition to one or more non-edible outlets. Commingled
failing quality peanuts must be held separate and apart from edible
peanuts and identified with red tags indicating non-edible peanuts.
Eventual disposition must be to non-edible peanut outlets consistent
with the failing quality of the peanuts, pursuant to paragraph (e) of
this rule.
If an importer chooses to destroy unrestricted or restricted
peanuts by burying, the peanuts must be lot identified and disposition
must be reported to AMS. The importer must provide inspection service
and Customs Service certification if a lot is buried, or a Customs
Service export declaration if a lot is exported. Customs Service
procedures controlling re-exported merchandise must also be followed by
the importer. Burying and exportation expenses are borne by the
importer.
It is the importer's responsibility to file inspection certificates
and other documentation sufficient to account for disposition of all
failing quality peanuts acquired by the importer. Such proof consists
of copies of bills of lading and sales receipts between the importer
and non-edible peanut outlet receivers. The documentation must contain
identifying information, such as container or lot numbers, that tie the
peanuts reported on the documents to failing quality peanuts on
inspection service or aflatoxin certificates. The name and address of
the non-edible peanut receiver and valid contact information must also
be specified on the documentation.
Disposition of unrestricted and restricted peanut lots must be
reported to AMS within 23 days of filing for entry with the Customs
Service, or, if a redelivery notice is issued, within the 60-day
redelivery period. As noted in above, disposition of unrestricted and
restricted peanut lots may be carried out and reported during the
redelivery demand period.
The inspection service identifies imported peanuts as peanuts of
foreign origin on the inspection certificate to assist in lot
identification. Foreign origin designations also help AMS meet its
monitoring responsibilities.
From time to time, the PAC may recommend to the Secretary that
quality requirements or handling procedures specified in the Agreement
be revised. If such changes are approved by the Secretary and
implemented for the domestic peanut industry in 7 CFR Part 998,
corresponding changes will be made in Sec. 999.600. Changes in
regulations for domestically produced peanuts are generally made
effective July 1. Thus, corresponding changes to the import regulation
will be made effective on that date, or as close to that date as
possible under informal rulemaking, unless otherwise specified in the
regulation. Quality requirements in effect on the date of inspection of
a foreign produced lot will be applied to the inspected lot.
Safeguard Procedures
This rule establishes a procedure to verify importers' compliance
with import requirements. The safeguard procedures provide for
monitoring of peanut lots from importation to final disposition. The
purpose of these procedures are to ensure that foreign produced peanuts
either meet edible requirements or are appropriately disposed to non-
edible peanut outlets, exported or destroyed. The safeguard procedures
are similar to safeguard procedures already in place for other imported
commodities and are consistent with the inspection, identification and
certification requirements applied to domestically produced peanuts
under the Agreement.
The safeguard process includes the ``stamp-and-fax'' entry
procedure, as already described, whereby the importer provides the
Customs Service with an entry document stamped by the inspection
service. The importer also files a copy of the entry document with AMS
and forwards a copy, with the released lot, to the inland destination
[[Page 31315]]
where the lot is to be inspected or warehoused. Edible certification
and non-edible disposition is reported by filing with AMS copies of all
grade certificates, aflatoxin certificates, and proof of non-edible
disposition. Such certifications must be filed within 23 days of filing
for entry, or, if a redelivery notice is issued, within the 60-day
redelivery period.
Failure to report or redeliver peanuts within applicable time
frames could result in liquidated damages against the importer.
Certificates and other supplementary documentation must be sent to
AMS, Marketing Order Administration Branch (MOAB) which oversees the
domestic peanut program and this import program. Facsimile or express
mail deliveries can be used to ensure timely receipt of certificates
and other required documentation. Overnight and express mail deliveries
should be addressed to the USDA, AMS, Marketing Order Administration
Branch, 14th and Independence Avenue, SW., Room 2525, Washington, DC
20250, Attn: Report of Imported Peanuts. The MOAB's fax number is (202)
720-5698, Attn: Report of Imported Peanuts.
For the purposes of checking and verifying reports filed by
importers and disposition outlets, this regulation provides that
importers must allow the Secretary, through duly authorized agents, to
have access to any premises where peanuts may be held and processed.
Authorized agents, at any time during regular business hours, are
permitted to inspect any peanuts held, and any and all records with
respect to the acquisition, holding or disposition of any peanuts which
may be held, or which may have been disposed by that importer.
USDA record retention requirements also are established to require
importers to retain information for at least two years beyond the year
of applicability. Customs Service record retention requirements are
longer.
The handling of each imported lot must be consistent with Customs
Service procedures and reported in accordance with normal Customs
Service requirements. Any Customs Service reporting or recordkeeping
requirements for disposition of imported merchandise or clearance of
bonding requirements are not superseded by this regulation.
Paperwork Reduction Act
In accordance with the Paperwork Reduction Act of 1980 (44 U.S.C.
Chapter 35) as amended in 1995, the information and collection
requirements that are contained in this rule have been approved by the
Office of Management and Budget (OMB) on a temporary basis and have
been assigned OMB number 0581-0176. A 60-day period was established in
the proposed rule to receive comments on the information collection
requirements. All responses to the request for comments will be
summarized and included in the request for OMB approval. All comments
will become a matter of public record.
In addition to the reporting requirements, this rule establishes
that importers and customs brokers retain copies of all certifications
and entry documentation for not less than two years after the calendar
year of acquisition. This is a commonly accepted records retention
period and within good business practices. The time for maintaining
records by filing each document internally is included in the filing
estimate. The information collected is used only for compliance
purposes by personnel of the Department.
The reporting and recordkeeping requirements established in this
rule will enable the Department to oversee the entry of peanuts and
help ensure that only good quality, wholesome peanuts will be used in
edible peanut outlets in the U.S. Without the quality requirements
specified in the Agreement (7 CFR Part 998), regulations for non-
signatory handlers (7 CFR Part 997), and these regulations, poor
quality peanuts could more easily be entered into edible channels,
causing consumer dissatisfaction and having a negative impact on the
market for peanuts and peanut products. Compliance with these standards
help the peanut industry in its efforts to expand markets.
Although these requirements result in some additional costs for
importers, the benefits from restricting low quality peanuts from
edible markets outweigh any additional inspection, handling,
recordkeeping and reporting costs resulting from the requirements.
These requirements have been carefully reviewed and every effort has
been made to minimize any unnecessary reporting and recordkeeping
costs.
List of Subjects in 7 CFR part 999
Dates, Filberts, Food grades and standards, Imports, Nuts, Peanuts,
Prunes, Raisins, Reporting and recordkeeping requirements, Walnuts.
For the reasons set forth in the preamble, 7 CFR part 999 is
amended as follows:
PART 999--SPECIALTY CROPS; IMPORT REGULATIONS
1. The authority citation for 7 CFR part 999 is revised to read as
follows:
Authority: 7 U.S.C. 601-674; and 7 U.S.C. 1445c-3.
2. A new Sec. 999.600 is added to part 999 to read as follows:
Sec. 999.600 Regulation governing imports of peanuts.
(a) Definitions. (1) Peanuts means the seeds of the legume Arachis
hypogaea and includes both inshell and shelled peanuts produced in
countries other than the United States, other than those marketed in
green form for consumption as boiled peanuts.
(2) Farmers stock peanuts means picked and threshed raw peanuts
which have not been shelled, crushed, cleaned or otherwise changed
(except for removal of foreign material, loose shelled kernels, and
excess moisture) from the form in which customarily marketed by
producers.
(3) Inshell peanuts means p
FR Doc. 96-15361 Specialty Crops; Import Regulations; Peanut Import Regulations
eanuts, the kernels or edible portions
of which are contained in the shell.
(4) Incoming inspection means the sampling and inspection of
farmers stock peanuts to determine Segregation quality.
(5) Segregation 1 peanuts, unless otherwise specified, means
farmers stock peanuts with not more than 2 percent damaged kernels nor
more than 1.00 percent concealed damage caused by rancidity, mold, or
decay and which are free from visible Aspergillus flavus mold.
(6) Segregation 2 peanuts, unless otherwise specified, means
farmers stock peanuts with more than 2 percent damaged kernels or more
than 1.00 percent concealed damage caused by rancidity, mold, or decay
and which are free from visible Aspergillus flavus mold.
(7) Segregation 3 peanuts, unless otherwise specified, means
farmers' stock peanuts with visible Aspergillus flavus mold.
(8) Shelled peanuts means the kernels of peanuts after the shells
are removed.
(9) Outgoing inspection means the sampling and inspection of
either: shelled peanuts which have been cleaned, sorted, sized and
otherwise prepared for human consumption markets; or inshell peanuts
which have been cleaned, sorted and otherwise prepared for inshell
human consumption markets.
(10) Negative aflatoxin content means 15 parts-per-billion (ppb) or
less for peanuts which have been certified as meeting edible quality
grade requirements, and 25 ppb or less for non-edible quality peanuts.
(11) Person means an individual, partnership, corporation,
association, or any other business unit.
[[Page 31316]]
(12) Secretary means the Secretary of Agriculture of the United
States or any officer or employee of the United States Department of
Agriculture (Department or USDA) who is, or who may hereafter be,
authorized to act on behalf of the Secretary.
(13) Inspection service means the Federal or Federal-State
Inspection Service, Fruit and Vegetable Division, Agricultural
Marketing Service, USDA.
(14) USDA laboratory means laboratories of the Science and
Technology Division, Agricultural Marketing Service, USDA, that
chemically analyze peanuts for aflatoxin content.
(15) PAC approved laboratories means laboratories approved by the
Peanut Administrative Committee, pursuant to Peanut Marketing Agreement
No. 146 (7 CFR Part 998), that chemically analyze peanuts for aflatoxin
content.
(16) Conditionally released means released from Customs Service
custody for further handling (sampling, inspection, chemical analysis,
or storage) before final release.
(17) Importation means the arrival of a peanut shipment at a port-
of-entry with the intent to enter the peanuts into channels of commerce
of the United States.
(b) Incoming regulation: (1) Farmers stock peanuts presented for
consumption must undergo incoming inspection. Only Segregation 1
peanuts may be used for human consumption. All foreign produced farmers
stock peanuts for human consumption must be sampled and inspected at a
buying point or other handling facility capable of performing incoming
sampling and inspection. Sampling and inspection shall be conducted by
the inspection service. Only Segregation 1 peanuts certified as meeting
the following requirements may be used in human consumption markets:
(i) Moisture. Except as provided under paragraph (b)(2) Seed
peanuts, of this section, peanuts may not contain more than 10.49
percent moisture: Provided, That peanuts of a higher moisture content
may be received and dried to not more than 10.49 percent moisture prior
to storage or milling.
(ii) Foreign material. Peanuts may not contain more than 10.49
percent foreign material, except that peanuts having a higher foreign
material content may be held separately until milled, or moved over a
sand-screen before storage, or shipped directly to a plant for prompt
shelling. The term sand-screen means any type of farmers stock cleaner
which, when in use, removes sand and dirt.
(iii) Damage. For the purpose of determining damage, other than
concealed damage, on farmers stock peanuts, all percentage
determinations shall be rounded to the nearest whole number.
(iv) Loose shelled kernels. Peanuts may not contain more than 14.49
percent loose shelled kernels, except that peanuts having a higher
loose shelled kernel content may be imported if held separately until
milled or shipped directly to a shelling facility for prompt shelling.
All percentage determinations shall be rounded to the nearest whole
number. Kernels which ride screens with the following or larger slot
openings may be separated from loose shelled kernels: Runner--\16/64\ x
\3/4\ inch; Spanish and Valencia--\15/64\ x \3/4\ inch; Virginia--\15/
64\ x 1 inch. If so separated, those loose shelled kernels which ride
the screens may be included with shelled peanuts prepared for
inspection and sale for human consumption: Provided, That no more than
5 percent of such loose shelled kernels are kernels which would fall
through screens with such minimum prescribed openings. Those loose
shelled kernels which do not ride the screens shall be removed from the
farmers' stock peanuts and shall be held separate and apart from other
peanuts and disposed of for non-edible use, pursuant to paragraph (e)
of this section. If the kernels which ride the prescribed screen are
not separated from the kernels which do not ride the prescribed screen,
the entire amount of loose shelled kernels shall be removed from the
farmers stock peanuts and shall be held separate and apart and disposed
of for non-edible use, pursuant to paragraph (e) of this section.
(2) Seed peanuts. Farmers stock peanuts determined to be
Segregation 1 quality, and shelled peanuts certified negative to
aflatoxin (15 ppb or less), may be imported for seed purposes.
Disposition of such peanuts to a seed outlet must be reported to the
Secretary by submitting a copy of the bill of lading or sales contract
which reports the weight of the peanuts so disposed, and the name,
address and telephone number of the receiving seed outlet. Residuals
from the shelling of Segregation 1 seed peanuts shall be held and/or
milled separate and apart from other peanuts, and such residuals
meeting quality requirements specified in paragraph (c)(1) of this
section may be disposed to human consumption channels, and any portion
not meeting such quality requirements shall be disposed to non-edible
peanut channels pursuant to paragraph (e) of this section. Segregation
2 and 3 peanuts may be shelled for seed purposes but must be dyed or
chemically treated so as to be unfit for human or animal consumption.
All disposition of seed peanuts and residuals from seed peanuts shall
be reported to the Secretary pursuant to paragraphs (g)(2) and (g)(3)
of this section. The receiving seed outlet must retain records of the
transaction, pursuant to paragraph (h)(7) of this section.
(3) Oilstock and exportation. Farmers stock peanuts of lower
quality than Segregation 1 (Segregation 2 and 3 peanuts) shall be used
only in non-edible outlets as provided herein. Segregation 2 and 3
peanuts may be commingled but shall be kept separate and apart from
edible quality peanut lots. Commingled Segregation 2 and 3 peanuts and
Segregation 3 peanuts shall be disposed only to oilstock, exported
inshell, or exported as shelled if fragmented as provided in paragraph
(e)(3) of this section. Shelled peanuts and cleaned-inshell peanuts
which fail to meet the requirements for human consumption in paragraph
(b)(1) may be crushed for oil or exported.
(4) Whenever the Secretary has reason to believe that peanuts may
have been damaged or deteriorated while in storage, the Secretary may
reject the then effective inspection certificate and may require the
importer to have the peanuts reinspected to establish whether or not
such peanuts may be disposed of for human consumption.
(c) Outgoing regulation. No person shall import peanuts for human
consumption into the United States unless such peanuts are lot
identified and certified by the inspection service as meeting the
following requirements:
(1)(i) Shelled peanuts. All shelled peanuts shall at least meet the
requirements specified in Table 1 as follows:
[[Page 31317]]
Table 1.--Minimum Grade Requirements--Peanuts for Human Consumption
[Whole Kernels and Splits]
--------------------------------------------------------------------------------------------------------------------------------------------------------
Maximum limitations
---------------------------------------------------------------------------------------------------------------------------------------------------------
Excluding lots of ``splits''
---------------------------------------------------------------------------------------------------------------------------------------------------------
Unshelled Fall through
Unshelled peanuts, ------------------------------------------------------------------
peanuts and damaged Foreign
Type and grade category damaged kernels and materials Moisture
kernels minor Sound split and Sound whole kernels Total (percent) (percent)
(percent) defects broken kernels
(percent)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Runner............................ 1.50 2.50 3.00%; \17/64\ inch 3.00%; \16/64\ x \3/ 4.00%; both screens. .20 9.00
round screen. 4\ inch; slot
screen.
Virginia (except No. 2)........... 1.50 2.50 3.00%; \17/64\ inch; 3.00%; \15/64\ x 1 4.00%; both screens. .20 9.00
round screen. inch; slot screen.
Spanish and Valencia.............. 1.50 2.50 3.00%; \16/64\ inch; 3.00%; \15/64\ x \3/ 4.00%; both screens. .20 9.00
round screen. 4\ inch; slot
screen.
No. 2 Virginia.................... 1.50 3.00 6.00%; \17/64\ inch; 6.00%; \15/64\ x 1 6.00%; both screens. .20 9.00
round screen. inch; slot screen.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Lots of ``Splits''
--------------------------------------------------------------------------------------------------------------------------------------------------------
Runner (not more than 4% sound 1.50 2.50 3.00%; \17/64\ inch; 3.00%; \14/64\ x \3/ 4.00%; both screens. .20 9.00
whole kernels). round screen. 4\ inch; slot
screen.
Virginia (not less than 90% 1.50 2.50 3.00%; \17/64\ inch; 3.00%; \14/64\ x 1 4.00%; both screens. .20 9.00
splits). round screen. inch slot screen.
Spanish and Valencia (not more 1.50 2.50 3.00%; \16/64\ inch; 3.00%; \13/64\ x \3/ 4.00%; both screens. .20 9.00
than 4% sound whole kernels). round screen. 4\ inch; slot
screen.
--------------------------------------------------------------------------------------------------------------------------------------------------------
(ii) Peanuts meeting the specifications in Table 1 must also be
certified ``negative'' to aflatoxin content, pursuant to paragraph
(d)(4) of this section, prior to shipment to domestic human consumption
markets. Shelled peanuts meeting requirements specified in Table 2 must
be sampled pursuant to paragraph (d)(4) of this section but may be
disposed to human consumption outlets without testing for aflatoxin.
Table 2.-- Superior Quality Requirements--Peanuts for Human Consumption
[Whole Kernels and Splits]
--------------------------------------------------------------------------------------------------------------------------------------------------------
Maximum limitations
---------------------------------------------------------------------------------------------------------------------------------------------------------
Unshelled Fall through
Unshelled peanuts, ------------------------------------------------------------------
peanuts and damaged Foreign
Type and grade category damaged kernels and Sound split and materials Moisture
kernels minor broken kernels Sound whole kernels Total (percent) (percent)
(percent) defects (percent) (percent)
(percent)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Runner U.S. No.1 and better....... 1.25 2.00 3.00%; \17/64\ inch, 3.00%; \16/64\ x \3/ 4.00%; both screens. .10 9.00
round screen. 4\ inch, slot
screen.
Virginia U.S. No.1 and better..... 1.25 2.00 3.00%; \17/64\ inch, 3.00%; \15/64\ x 1 4.00%; both screens. .10 9.00
round screen. inch, slot screen.
Spanish and Valencia U.S. No.1 and 1.25 2.00 3.00%; \16/64\ inch, 2.00%; \15/64\ x \3/ 4.00%; both screens. .10 9.00
better. round screen. 4\ inch, slot
screen.
Runner U.S. Splits (not more than 1.25 2.00 2.00%; \17/64\ inch, 3.00%; \14/64\ x \3/ 4.00%; both screens. .20 9.00
4% sound, whole kernels). round screen. 4\ inch, slot
screen.
[[Page 31318]]
Virginia U.S. Splits (not less 1.25 2.00 3.00%; \17/64\ inch, 3.00%; \14/64\ x 1 4.00%; both screens. .20 9.00
than 90% splits and not more than round screen. inch, slot screen.
3.00% sound whole kernels and
portions passing through \20/64\
inch round screen).
Spanish and Valencia U.S. Splits 1.25 2.00 2.00%; \16/64\ inch, 3.00%; \13/64\ x \3/ 4.00%; both screens. .20 9.00
(not more than 4% sound, whole round screen. 4\ inch, slot
kernels). screen.
Runner with splits (not more than 1.25 2.00 3.00%; \17/64\ inch, 3.00%; \16/64\ x \3/ 4.00%; both screens. .10 9.00
15% sound splits). round screen. 4\ inch, slot
screen.
Virginia with splits (not more 1.25 2.00 3.00%; \17/64\ inch, 3.00%; \15/64\ x 1 4.00%; both screens. .10 9.00
than 15% sound splits). round screen. inch, slot screen.
Spanish and Valencia with splits 1.25 2.00 3.00%; \16/64\ inch, 2.00%; \15/64\ x \3/ 4.00%; both screens. .10 9.00
(not more than 15% sound splits). round screen. 4\ inch, slot
screen.
--------------------------------------------------------------------------------------------------------------------------------------------------------
(2) Cleaned-inshell peanuts. Peanuts declared as cleaned-inshell
peanuts may be presented for sampling and outgoing inspection in bags
at the port-of-entry. Alternatively, peanuts may be conditionally
released as cleaned-inshell peanuts but shall not subsequently undergo
any cleaning, sorting, sizing or drying process prior to presentation
for outgoing inspection as cleaned-inshell peanuts. Cleaned-inshell
peanuts which fail outgoing inspection may be reconditioned or
redelivered to the port-of-entry, at the option of the importer.
Cleaned-inshell peanuts determined to be unprepared farmers stock
peanuts must be inspected against incoming quality requirements and
determined to be Segregation 1 peanuts prior to outgoing inspection for
cleaned-inshell peanuts. Cleaned-inshell peanuts intended for human
consumption may not contain more than:
(i) 1.00 percent kernels with mold present, unless a sample of such
peanuts is drawn by the inspection service and analyzed chemically by a
USDA or PAC approved laboratory and certified ``negative'' as to
aflatoxin.
(ii) 2.00 percent peanuts with damaged kernels;
(iii) 10.00 percent moisture (carried to the hundredths place); and
(iv) 0.50 percent foreign material.
(3) Reconditioned peanuts. Peanuts shelled, sized and sorted in
another country prior to arrival in the U.S. and shelled peanuts which
originated from Segregation 1 peanuts that fail quality requirements of
Table 1 (excessive damage, minor defects, moisture, or foreign
material) or are positive to aflatoxin may be reconditioned by
remilling and/or blanching. After such reconditioning, peanuts meeting
the quality requirements of Table 1 and which are negative to aflatoxin
(15 ppb or less) may be disposed for edible peanut use. Residuals
resulting from such reconditioning of failing lots shall be positive
lot identified, and red-tagged if in sacks, and disposed of pursuant to
paragraphs (g)(2) and (g)(3) of this section.
(d) Sampling and inspection. (1) All sampling and inspection,
quality certification, chemical analysis, and lot identification,
required under this section, shall be done by the inspection service, a
USDA laboratory, or a PAC-approved laboratory, as applicable, in
accordance with the procedures specified herein. The importer shall
make arrangements with the inspection service for sampling, inspection,
lot identification and certification of all peanuts accumulated by the
importer. The importer also shall make arrangements for the appropriate
disposition of peanuts failing edible quality requirements of this
section. All costs of sampling, inspection, certification,
identification, and disposition incurred in meeting the requirements of
this section shall be paid by the importer. Whenever peanuts are
offered for inspection, the importer shall furnish any labor and pay
any costs incurred in moving and opening containers as may be necessary
for proper sampling and inspection.
(2) For farmers stock inspection, the importer shall cause the
inspection service to perform an incoming inspection and to issue an
CFSA-1007, ``Inspection Certificate and Sales Memorandum'' form
designating the lot as Segregation 1, 2, or 3 quality peanuts. For
shelled and cleaned-inshell peanuts, the importer shall cause the
inspection service to perform an outgoing inspection and issue an FV-
184-9A, ``Milled Peanut Inspection Certificate'' reporting quality and
size of the shelled or cleaned-inshell peanuts, whether the lot meets
or fails to meet quality requirements for human consumption of this
section, and that the lot originated in a country other than the United
States. The importer shall provide to the Secretary copies of all CFSA
1007 and FV-184-9A applicable to each peanut lot conditionally released
to the importer. Such reports shall be submitted as provided in
paragraphs (g)(2) and (g)(3) of this section.
(3) Procedures for sampling and testing peanuts. Sampling and
testing of
[[Page 31319]]
peanuts for incoming and outgoing inspections of peanuts presented for
consumption into the United States will be conducted as follows:
(i) Application for sampling. The importer shall request inspection
and certification services from one of the following inspection service
offices convenient to the location where the peanuts are presented for
incoming and/or outgoing inspection. To avoid possible delays, the
importer should make arrangements with the inspection service in
advance of the inspection date. A copy of the Customs Service entry
document specific to the peanuts to be inspected shall be presented to
the inspection official prior to sampling of the lot.
(A) The following offices provide incoming farmers stock
inspection:
Dothan, AL, tel: (205) 792-5185,
Graceville, FL, tel: (904) 263-3204,
Winter Haven, FL, tel: (813) 291-5820, ext 260,
Albany, GA, tel: (912) 432-7505,
Williamston, NC, tel: (919) 792-1672,
Columbia, SC, tel: (803) 253-4597,
Suffolk, VA, tel: (804) 925-2286,
Portales, NM, tel: (505) 356-8393,
Oklahoma City, OK, tel: (405) 521-3864,
Gorman, TX, tel: (817) 734-3006,
Yuma, AZ, tel: (602) 344-3869.
(B) The following offices, in addition to the offices listed in
paragraph (d)(3)(i) (A) of this section, provide outgoing sampling and/
or inspection services, and certify shelled and cleaned-inshell peanuts
as meeting or failing the quality requirements of this section:
Eastern U.S.
Mobile, AL, tel: (205) 690-6154,
Jacksonville, FL, tel: (904) 359-6430,
Miami, FL, tel: (305) 592-1375,
Tampa, FL, tel: (813) 272-2470,
Presque Isle, ME, tel: (207) 764-2100,
Baltimore/Washington, tel: (301) 344-1860,
Boston, MA, tel: (617) 389-2480,
Newark, NJ, tel: (201) 645-2670,
New York, NY, tel: (212) 718-7665,
Buffalo, NY, tel: (716) 824-1585,
Philadelphia, PA, tel: (215) 336-0845,
Norfolk, VA, tel: (804) 441-6218,
Central U.S.
New Orleans, LA, tel: (504) 589-6741,
Detroit, MI, tel: (313) 226-6059,
St. Paul, MN, tel: (612) 296-8557,
Las Cruces, NM, tel: (505) 646-4929,
Alamo, TX, tel: (210) 787-4091,
El Paso, TX, tel: (915) 540-7723,
Houston, TX, tel: (713) 923-2557,
Western U.S.
Nogales, AZ, tel: (602) 281-0783,
Los Angeles, CA, tel: (213) 894-2489,
San Francisco, CA, tel: (415) 876-9313,
Honolulu, HI, tel: (808) 973-9566,
Salem, OR, tel: (503) 986-4620,
Seattle, WA, tel: (206) 859-9801.
(C) Questions regarding inspection services or requests for further
assistance may be obtained from: Fresh Products Branch, P.O. Box 96456,
room 2049-S, Fruit and Vegetable Division, AMS, USDA, Washington, D.C.
20090-6456, telephone (202) 690-0604, fax (202) 720-0393.
(ii) Sampling. Sampling of bulk farmers' stock lots shall be
performed at a facility that utilizes a pneumatic sampler or approved
automatic sampling device. The size of farmers' stock lots, shelled
lots, and cleaned-inshell lots, in bulk or bags, shall not exceed
200,000 pounds. For farmers' stock, shelled and cleaned-inshell lots
not completely accessible for sampling, the applicant shall be required
to have lots made accessible for sampling pursuant to inspection
service requirements. The importer shall cause appropriate samples of
each lot of edible quality shelled peanuts to be drawn by the
inspection service. The amount of such peanuts drawn shall be large
enough to provide for a grade and size analysis, for a grading check-
sample, and for three 48-pound samples for aflatoxin assay. Because
there is no acceptable method of drawing official samples from bulk
conveyances of shelled peanuts, the importer shall arrange to have bulk
conveyances of shelled peanuts sampled during the unloading process. A
bulk lot sampled in this manner must be positive lot identified by the
inspection service and held in a sealed bin until the associated
inspection and aflatoxin test results have been reported.
(4) Aflatoxin assay. (i) The importer shall cause appropriate
samples of each lot of shelled peanuts intended for edible consumption
to be drawn by the inspection service. The three 48-pound samples shall
be designated by the inspection service as ``Sample 1IMP,'' ``Sample
2IMP,'' and ``Sample 3IMP'' and each sample shall be placed in a
suitable container and lot identified by the inspection service. Sample
1IMP may be prepared for immediate testing or Samples 1IMP, 2IMP and
3IMP may be returned to the importer for testing at a later date, under
lot identification procedures.
(ii) The importer shall cause Sample 1IMP to be ground by the
inspection service or a USDA or PAC-approved laboratory in a
subsampling mill. The resultant ground subsample shall be of a size
specified by the inspection service and shall be designated as
``Subsample 1-ABIMP.'' At the importer's option, a second subsample may
also be extracted from Sample 1IMP and designated ``Subsample 1-CDIMP''
which may be sent for aflatoxin assay to a USDA or PAC-approved
laboratory. Both subsamples shall be accompanied by a notice of
sampling signed by the inspector containing identifying information as
to the importer, the lot identification of the shelled peanut lot, and
other information deemed necessary by the inspection service.
Subsamples 1-ABIMP and 1-CDIMP shall be analyzed only in a USDA or PAC-
approved laboratory. The methods prescribed by the Instruction Manual
for Aflatoxin Testing, SD Instruction-1, August 1994, shall be used to
assay the aflatoxin level. The cost of testing and notification of
Subsamples 1-ABIMP and 1-CDIMP shall be borne by the importer.
(iii) The samples designated as Sample 2IMP and Sample 3IMP shall
be held as aflatoxin check-samples by the inspection service or the
importer until the analyses results from Sample 1IMP are known. Upon
call from the USDA or PAC-approved laboratory, the importer shall cause
Sample 2IMP to be ground by the inspection service in a subsampling
mill. The resultant ground subsample from Sample 2IMP shall be
designated as ``Subsample 2-ABIMP.'' Upon further call from the
laboratory, the importer shall cause Sample 3IMP to be ground by the
inspection service in a subsampling mill.
The resultant ground subsample shall be designated as ``Subsample
3-ABIMP.'' The importer shall cause Subsamples 2-ABIMP and 3-ABIMP to
be sent to and analyzed only in a USDA or PAC-approved laboratory. Each
subsample shall be accompanied by a notice of sampling. The results of
each assay shall be reported by the laboratory to the importer. All
costs involved in the sampling, shipment and assay analysis of
subsamples required by this section shall be borne by the importer.
(iv)(A) Importers should contact one of the following USDA or PAC-
approved laboratories to arrange for chemical analysis.
Science and Technology Division, AMS/USDA, P.O. Box 279, 301 West
Pearl St., Aulander, NC 27805, Tel: (919) 345-1661 Ext. 156, Fax:
(919) 345-1991
Science and Technology Division, AMS/USDA, 1211 Schley Ave., Albany,
GA 31707, Tel: (912) 430-8490 / 8491, Fax: (912) 430-8534
Science and Technology Division, AMS/USDA, P.O. Box 488, Ashburn, GA
31714, Tel: (912) 567-3703
Science and Technology Division, AMS/USDA, 610 North Main St.,
Blakely, GA 31723, Tel: (912) 723-4570, Fax: (912) 723-3294
Science and Technology Division, AMS/USDA, P.O. Box 1368, Dothan, AL
36301, Tel: (205) 792-5185, Fax: (205) 671-7984
[[Page 31320]]
Science and Technology Division, AMS/USDA, 107 South Fourth St.,
Madill, OK 73446, Tel: (405) 795-5615, Fax: (405) 795-3645
Science and Technology Division, AMS/USDA, P.O. Box 272, 715 N. Main
Street, Dawson, GA 31742, Tel: (912) 995-7257, Fax: (912) 995-3268
Science and Technology Division, AMS/USDA, P.O. Box 1130, 308
Culloden St., Suffolk, VA 23434, Tel: (804) 925-2286, Fax: (804)
925-2285
ABC Research, 3437 SW 24th Avenue, Gainesville, FL 32607-4502, Tel:
(904) 372-0436, Fax: (904) 378-6483
J. Leek Associates, Inc., P.O. Box 50395, 1200 Wyandotte (31705),
Albany, GA 31703-0395, Tel: (912) 889-8293, Fax: (912) 888-1166
J. Leek Associates, Inc., P.O. Box 368, 675 East Pine, Colquitt, GA
31737, Tel: (912) 758-3722, Fax: (912) 758-2538
J. Leek Associates, Inc., P.O. Box 6, 502 West Navarro St., DeLeon,
TX 76444, Tel: (817) 893-3653, Fax: (817) 893-3640
J. Leek Associates, Inc., P.O. Box 548, 42 N. Ellis St., Camilla, GA
31730, Tel: (912) 336-8781, Fax: (912) 336-0146
Pert Laboratories, P.O. Box 267, Peanut Drive, Edenton, NC 27932,
Tel: (919) 482-4456, Fax: (919) 482-5370
Pert Laboratory South, P.O. Box 149, Hwy 82 East, Seabrook Drive,
Sylvester, GA 31791, Tel: (912) 776-7676, Fax: (912) 776-1137
Professional Service Industries, Inc., 3 Burwood Lane, San Antonio,
TX 78216, Tel: (210) 349-5242, Fax: (210) 342-9401
Southern Cotton Oil Company, 600 E. Nelson Street, P.O. Box 180,
Quanah, TX 79252, Tel: (817) 663-5323, Fax: (817) 663-5091
Quanta Lab, 9330 Corporate Drive, Suite 703, Selma, TX 78154-1257,
Tel: (210) 651-5799, Fax: (210) 651-9271.
(B) Further information concerning the chemical analyses required
pursuant to this section may be obtained from: Science and Technology
Division, USDA/AMS, P.O. Box 96456, room 3507-S, Washington, DC 20090-
6456, telephone (202) 720-5231, or facsimile (202) 720-6496.
(v) Reporting aflatoxin assays. A separate aflatoxin assay
certificate, Form CSSD-3 ``Certificate of Analysis for Official
Samples'' or equivalent PAC approved laboratory form, shall be issued
by the laboratory performing the analysis for each lot. The assay
certificate shall identify the importer, the volume of the peanut lot
assayed, date of the assay, and numerical test result of the assay. The
results of the assay shall be reported as follows.
(A) Lots containing 15 ppb or less aflatoxin content shall be
certified as ``Meets U.S. import requirements for edible peanuts under
Sec. 999.600 with regard to aflatoxin.''
(B) Lots containing more than 15 ppb aflatoxin content shall be
certified as ``Fails to meet U.S. import requirements for edible
peanuts under Sec. 999.600 with regard to aflatoxin.'' The importer
shall file USDA Form CSSD-3, or equivalent form, with the Secretary,
regardless of result.
(5) Appeal inspection. In the event an importer questions the
results of a quality and size inspection, an appeal inspection may be
requested by the importer and performed by the inspection service. A
second sample will be drawn from each container and shall be double the
size of the original sample. The results of the appeal sample shall be
final and the fee for sampling, grading and aflatoxin analysis shall be
charged to the importer.
(e) Disposition of peanuts failing edible quality requirements. (1)
Peanuts failing grade and/or aflatoxin requirements shall be designated
as non-edible quality ``unrestricted'' peanuts or ``restricted''
peanuts and shall be crushed for oil, exported, or disposed to other
non-edible outlets as specified in this section. For the purposes of
this regulation, the term ``non-edible quality unrestricted peanuts''
means loose shelled kernels, fall through, and pickouts from--and the
entire milled production of--Segregation 1, Segregation 2, and
commingled Segregation 1 and 2 farmers stock peanuts which contain more
than 15 ppb and 25 ppb or less aflatoxin. The term ``non-edible quality
restricted peanuts'' means loose shelled kernels, fall through, and
pickouts from--and the entire milled production of--Segregation 1,
Segregation 2, and commingled Segregation 1 and 2 farmers stock peanuts
which contain in excess of 25 ppb aflatoxin. The term loose shelled
kernels means peanut kernels or portions of kernels completely free of
their hulls, as found in deliveries of farmers stock peanuts or those
which fail to ride the screens prescribed in paragraph (b)(1)(iv) of
this section; the term fall through means sound split and broken
kernels and whole kernels which pass through specified screens; and the
term pickouts means those peanuts removed during the final milling
process at the picking table, by electronic equipment, or otherwise
during the milling process.
(2) Non-edible quality unrestricted peanuts may be disposed to
animal feed: Provided, That such peanuts are certified by the
inspection service as to moisture, foreign material content and treated
with a coloring agent or dyeing solution covering at least 80 percent
of the peanuts, handled and shipped under lot identification
procedures. Except for bulk loads, red tags shall be used and marked
``Animal Feed, Not For Human Consumption.''
(3) Lots of non-edible quality unrestricted peanuts may be
commingled during or after fragmentation and, if certified as meeting
fragmentation requirements by the inspection service, such fragmented
peanuts may be exported. For the purposes of this section, the term
fragmented means that not more than 30 percent of the peanuts shall be
whole kernels that ride the following screens, by type: Spanish--\15/
64\ x \3/4\ inch slot; Runner--\16/64\ x \3/4\ inch slot; and
Virginia--\15/64\ x 1 inch slot. All peanut lots exported must be lot
identified by the inspection service, certified as exported by the
Customs Service, and reported to AMS pursuant to paragraphs (g)(2) and
(g)(3) of this section. Applicable Customs Service procedures for the
export of merchandise must be followed.
(4) Unrestricted fall through may be disposed for use as wild-life
feed and rodent bait, if in labeled containers.
(5) Seed peanuts which are chemically treated causing them to be
unfit for edible or animal feed use shall be exempt from the
requirements of paragraph (c) of this section.
(6) Meal produced from the crushing of unrestricted peanuts shall
be exempt from further aflatoxin testing. Meal produced from the
crushing of restricted peanuts shall be tested and the numerical test
result of the chemical assay shall be shown on a certificate covering
each lot and the certification shall accompany each shipment or
disposition.
(7) Non-edible quality restricted peanuts may be crushed for oil or
exported: Provided, That such peanuts are positive lot identified,
bagged, red tagged, and so certified by the inspection service.
(8) All certifications and proof of non-edible dispositions
sufficient to account for all peanuts in each consumption entry filed
by the importer must be reported to the Secretary by the importer
pursuant to paragraphs (g)(2) and (g)(3) of this section.
(f) Reconditioning of failing peanuts: (1) Importers may remill
and/or blanch shelled peanuts which originated from Segregation 1
peanuts that fail quality requirements of Table 1 or are positive to
aflatoxin. After such reconditioning, peanuts meeting the quality
requirements of Table 1 and which are certified negative to aflatoxin
(15 ppb or less) may be disposed for edible use.
(2) Whole lots of remilled and/or blanched peanuts, and residuals
of such peanuts, which continue to fail quality requirements of Table 1
and contain 25 ppb or less aflatoxin content shall be considered ``non-
edible quality unrestricted'' peanuts and shall be disposed as
``unrestricted'' peanuts
[[Page 31321]]
crushed for oil, exported, or animal feed, pursuant to provisions of
paragraph (e) of the section. Meal produced from unrestricted peanuts
shall be disposed pursuant to paragraph (e)(6) of this section.
(3) Whole lots of remilled and/or blanched peanuts, and residuals
of such peanuts, which continue to fail quality requirements of Table 1
and contain more than 25 ppb aflatoxin content, shall be considered
``non-edible quality restricted'' peanuts and shall be disposed as
``restricted'' peanuts pursuant to paragraph (e)(6) of this section.
Meal produced from restricted peanuts shall be disposed pursuant to
paragraph (e)(6).
(4) All certifications and proof of non-edible dispositions
sufficient to account for all peanuts in each consumption entry filed
by the importer must be reported to the Secretary by the importer
pursuant to paragraphs (g)(2) and (g)(3) of this section.
(g) Safeguard procedures. (1) Prior to arrival of a foreign
produced peanut lot at a port-of-entry, the importer, or customs broker
acting on behalf of the importer, shall mail or send by facsimile
transmission (fax) a copy of the Customs Service entry documentation
for the peanut lot or lots to the inspection service office that will
perform sampling of the peanut shipment. More than one lot may be
entered on one entry document. The documentation shall include
identifying lot(s) or container number(s) and volume of the peanuts in
each lot being entered, and the location (including city and street
address), date and time for inspection sampling. The inspection office
shall sign, stamp, and return the entry document to the importer. The
importer shall present the stamped document to the Customs Service at
the port-of-entry and send a copy of the document to the Secretary. The
importer also shall cause a copy of the entry document to accompany the
peanut lot and be presented to the inspection service at the inland
destination of the lot.
(2) The importer shall file with the Secretary copies of the entry
document and grade, aflatoxin, and lot identification certifications
sufficient to account for all peanuts in each lot listed on the entry
document filed by the importer. Positive lot identification of residual
lots, transfer certificates, and other documentation providing proof of
non-edible disposition, such as bills of lading, certificates of
burying, export declarations, and sales receipts which report the
weight of peanuts being disposed and the name, address and telephone
number of the non-edible peanut receiver, must be sent to the Marketing
Order Administration Branch, Attn: Report of Imported Peanuts.
Facsimile transmissions and overnight mail may be used to ensure timely
receipt of inspection certificates and other documentation. Fax reports
should be sent to (202) 720-5698. Overnight and express mail deliveries
should be addressed to USDA, AMS, Marketing Order Administration
Branch, 14th and Independence Avenue, SW, Room: 2525-S, Washington, DC,
20250, Attn: Report of Imported Peanuts. Regular mail should be sent to
AMS, USDA, P.O. Box 96456, room 2526-S, Washington, DC 20090-6456,
Attn: Report of Imported Peanuts. Telephone inquiries should be made to
(202) 720-6862.
(3) Certificates and other documentation for each peanut lot must
be filed within 23 days of the date of filing for consumption entry,
or, if a redelivery notice is issued on the peanut lot, subsequently
filed prior to conclusion of the redelivery period which will be 60
days, unless otherwise specified by the Customs Service.
(4) The Secretary shall ask the Customs Service to issue a
redelivery demand for foreign produced peanut lots failing to meet
requirements of this section. Extensions in a redelivery period granted
by the Customs Service will be correspondingly extended by the
Secretary, upon request of the importer. Importers unable to account
for the disposition of all peanuts covered in a redelivery order, or
redeliver such peanuts, shall be liable for liquidated damages. Failure
to fully comply with quality and handling requirements or failure to
notify the Secretary of disposition of all foreign produced peanuts, as
required under this section, may result in a compliance investigation
by the Secretary. Falsification of reports submitted to the Secretary
is a violation of Federal law punishable by fine or imprisonment, or
both.
(h) Additional requirements: (1) Nothing contained in this section
shall preclude any importer from milling or reconditioning, prior to
importation, any shipment of peanuts for the purpose of making such lot
eligible for importation into the United States. However, all peanuts
presented for entry for human consumption use must be certified as
meeting the quality requirements specified in paragraph (c) of this
section.
(2) Conditionally released peanut lots of like quality and
belonging to the same importer may be commingled. Defects in an
inspected lot may not be blended out by commingling with other lots of
higher quality. Commingling also must be consistent with applicable
Customs Service regulations. Commingled lots must be reported and
disposed of pursuant to paragraphs (e)(2) and (e)(3) respectively of
this section.
(3) Inspection by the Federal or Federal-State Inspection Service
shall be available and performed in accordance with the rules and
regulations governing certification of fresh fruits, vegetables and
other products (7 CFR part 51). The importer shall make each
conditionally released lot available and accessible for inspection as
provided herein. Because inspectors may not be stationed in the
immediate vicinity of some ports-of-entry, importers must make
arrangements for sampling, inspection, and certification through one of
the offices and laboratories listed in paragraphs (d)(3) and (d)(4),
respectively, of this section.
(4) Imported peanut lots sampled and inspected at the port-of-
entry, or at other locations, shall meet the quality requirements of
this section in effect on the date of inspection.
(5) A foreign-produced peanut lot entered for consumption or for
warehouse may be transferred or sold to another person: Provided, That
the original importer shall be the importer of record unless the new
owner applies for bond and files Customs Service documents pursuant to
19 CFR Secs. 141.113 and 141.20: and Provided further, That such
peanuts must be certified and reported to the Secretary pursuant to
paragraphs (g)(2) and (g)(3) of this section.
(6) The cost of transportation, sampling, inspection,
certification, chemical analysis, and identification, as well as
remilling and blanching, and further inspection of remilled and
blanched lots, and disposition of failing peanuts, shall be borne by
the importer. Whenever peanuts are presented for inspection, the
importer shall furnish any labor and pay any costs incurred in moving,
opening containers, and shipment of samples as may be necessary for
proper sampling and inspection. The inspection service shall bill the
importer for fees covering quality and size inspections; time for
sampling; packaging and delivering aflatoxin samples to laboratories;
certifications of lot identification and lot transfer to other
locations, and other inspection certifications as may be necessary to
verify edible quality or non-edible disposition, as specified herein.
The USDA and PAC-approved laboratories shall bill the importer
separately for fees for aflatoxin assay. The importer also shall pay
all required Customs Service costs as required by that agency.
[[Page 31322]]
(7) Each person subject to this section shall maintain true and
complete records of activities and transactions specified in this part.
Such records and documentation accumulated during entry shall be
retained for not less than two years after the calendar year of
acquisition, except that Customs Service documents shall be retained as
required by that agency. The Secretary, through duly authorized
representatives, shall have access to any such person's premises during
regular business hours and shall be permitted, at any such time, to
inspect such records and any peanuts held by such person.
(8) The provisions of this section do not supersede any
restrictions or prohibitions on peanuts under the Federal Plant
Quarantine Act of 1912, the Federal Food, Drug and Cosmetic Act, any
other applicable laws, or regulations of other Federal agencies,
including import regulations and procedures of the Customs Service.
Dated: June 11, 1996.
Robert C. Keeney,
Director, Fruit and Vegetable Division.
[FR Doc. 96-15361 Filed 6-18-96; 8:45 am]
BILLING CODE 3410-02-P
Complete official Federal Register PDF
FR Doc. 96-15327 Department of the Interior Acquisition Regulation; Solicitation Provisions and Contract Clauses
[Federal Register Volume 61, Number 119 (Wednesday, June 19, 1996)]
[Rules and Regulations]
[Page 31053]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-15327]
=======================================================================
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DEPARTMENT OF THE INTERIOR
Office of the Secretary
48 CFR Parts 1452
RIN 1090-AA56
Department of the Interior Acquisition Regulation; Solicitation
Provisions and Contract Clauses
AGENCY: Office of the Secretary, Interior.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: In the interests of streamlining processes and improving
relationships with contractors, the Department of the Interior (DOI) is
issuing this final rule which amends 48 CFR Chapter 14 by revising and
updating the Department of the Interior Acquisition Regulation (DIAR).
EFFECTIVE DATE: July 19, 1996.
FOR FURTHER INFORMATION CONTACT:
Ms. Mary L. McGarvey at (202) 208-3158, Department of the Interior,
Office of Acquisition and Property Management, 1849 C. Street N.W.
(MS5522 MIB), Washington, D.C. 20240.
SUPPLEMENTARY INFORMATION:
Background
Under the auspices of the National Performance Review, a thorough
review of the DIAR was conducted. The review revealed unnecessary and
outdated regulations, and some excessively burdensome procedures.
In the interests of streamlining processes and improving
relationships with contractors, essential portions of the DIAR are
being reinvented, retained and/or removed in 48 CFR, when appropriate.
The review identified six Sections to be removed from 48 CFR.
Specifically, 1452.204-70 Release of Claims; 1452.210-70 Brand Name or
Equal; 1452.224-1 Privacy Act Notification; 1452.233-1 Service of
Protest; 1452.236-70 Prohibition Against Use of Lead-based Pain;
1452.237-70 Information Collection. We changed titles, rewrote
language, and eliminated redundant FAR material from the Sections and
retained them in the Department of the Interior Acquisition Regulation.
This final rule is not expected to have a significant economic
impact on a substantial number of small entities within the meaning of
the Regulatory Flexibility Act, 5 U.S.C. 601 et seq. An Initial
Regulatory Flexibility Analysis has, therefore, not been performed.
Required Determinations
The Department believes that public comment is unnecessary because
the revised material implements standard Government operating
procedures. Therefore, in accordance with 5 U.S.C. 553(b)(B), the
Department finds good cause to publish this document as a final rule.
This rule was not subject to Office of Management and Budget review
under Executive Order 12866. This rule does not contain a collection of
information subject to the Paperwork Reduction Act of 1980 (44 U.S.C.
3501 et seq). In accordance with the Regulatory Flexibility Act (5
U.S.C. 601 et seq), the Department determined that this rule will not
have a significant economic impact on a substantial number of small
entities because minimal requirements are being added for small
businesses and no protections are being withdrawn. The Department has
determined that this rule does not constitute a major Federal action
having a significant impact on the human environment under the National
Environmental Policy Act of 1969. The Department has certified that
this rule meets the applicable standards provided in Sections 2(a) and
2(b) of Executive Order 12778.
List of Subjects in 48 CFR Parts 1452
Government procurement, Reporting and recordkeeping requirements.
Dated: May 1, 1996.
Bonnie R. Cohen,
Assistant Secretary--Policy, Management and Budget.
Chapter 14 of Title 48 of the Code of Federal Regulations is
amended as follows:
PART 1452--[AMENDED]
The authority citation for 48 CFR parts 1452 continues to read as
follows:
Authority: Sec. 205(c), 63 Stat. 390; 40 U.S.C. 486(c), and 5
U.S.C. 301.
Secs. 1452.204-70, 1452.210-70, 1452.224-1, 1452.233-2, 1452.236-70,
1452.237-70 [Removed]
The following Sections are removed from 48 CFR Chapter 14: Section
1452.204-70 Release of Claims; Section 1452.210-70 Brand Name or Equal;
Section 1452.224-1 Privacy Act Notification; Section 1452.233-2 Service
of Protest; Section 1452.236-70 Prohibition Against Use of Lead-based
Paint; Section 1452.237-70 Information Collection.
[FR Doc. 96-15327 Filed 6-18-96; 8:45 am]
BILLING CODE 4310-RF-M
Complete official Federal Register PDF
FR Doc. 96-15326 Department of the Interior Acquisition Regulation
[Federal Register Volume 61, Number 119 (Wednesday, June 19, 1996)]
[Rules and Regulations]
[Pages 31053-31054]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-15326]
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
48 CFR Part 1453
RIN 1090-AA57
Department of the Interior Acquisition Regulation
AGENCY: Office of the Secretary, Interior.
ACTION: Final rule; removal.
-----------------------------------------------------------------------
SUMMARY: In the interests of streamlining processes and improving
relationships with contractors, this final rule amends the Department
of the Interior Acquisition Regulation (DIAR) by removing 48 CFR 1453
in its entirety. The material being removed deals with internal
procedures that have minimal effect outside the agency. The sections
that are not obsolete will be retained as internal procedures in the
Departmental Manual.
EFFECTIVE DATE: July 19, 1996.
FOR FURTHER INFORMATION CONTACT: Mary L. McGarvey at (202) 208-3158,
Department of the Interior, Office of Acquisition and Property
Management, 1849 C Street NW (MS5522 MIB), Washington, DC 20240. Office
of Acquisition and Property Management, (202) 208-3158.
SUPPLEMENTARY INFORMATION: We conducted a thorough review of the DIAR
under the auspices of the National Performance Review. The review
revealed unnecessary and outdated regulations, and some excessively
burdensome procedures.
In the interests of streamlining processes and improving
relationships with contractors, nonessential portions of the DIAR are
being removed from the CFR. Part 1453 Forms, deals with primarily
internal procedures so codification is not necessary and it is
therefore eliminated in its entirety from 48 CFR.
Required Determinations
The Department believes that public comment is unnecessary because
the material being removed is outdated or deals exclusively with
internal procedures. Therefore, in accordance with 5 U.S.C. 553(b)(B),
the Department finds good cause to publish this document as a final
rule. This rule was not subject to Office of Management and Budget
review under Executive Order 12866. This rule does not contain a
[[Page 31054]]
collection of information subject to the Paperwork Reduction Act of
1995 (Pub. L. 104-13). In accordance with the Regulatory Flexibility
Act (5 U.S.C. 601 et seq), the Department has determined that this rule
will not have a significant economic impact on a substantial number of
small entities because no requirements are being added for small
businesses and no protections are being withdrawn. The Department has
determined that this rule does not constitute a major Federal action
having a significant impact on the human environment under the National
Environmental Policy Act of 1969. The benefit of removing this rule
from 48 CFR is the elimination of the printing cost of reproducing this
information in 48 CFR annually.
List of Subjects in 48 CFR Part 1453
Government procurement, Reporting and recordkeeping requirements.
Dated: April 30, 1996.
Bonnie R. Cohen,
Assistant Secretary--Policy Management and Budget.
PART 1453--[REMOVED]
Under the authority found at Sec. 205(c), 63 Stat. 390; 40 U.S.C.
486(c); and 5 U.S.C. 301, Chapter 14 of Title 48 of the Code of Federal
Regulations is amended by removing Part 1453.
[FR Doc. 96-15326 Filed 6-18-96; 8:45 am]
BILLING CODE 4310-RF-M
Complete official Federal Register PDF
FR Doc. 96-15266 Routine Use of Signal Boosters
[Federal Register Volume 61, Number 119 (Wednesday, June 19, 1996)]
[Rules and Regulations]
[Pages 31051-31053]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-15266]
-----------------------------------------------------------------------
FEDERAL COMMUNICATIONS COMMISSION
47 CFR Parts 22, 90, and 101
[WT Docket No. 95-70; FCC 96-223]
Routine Use of Signal Boosters
AGENCY: Federal Communications Commission.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Commission has released a Report and Order that permits
expanded use of signal boosters by licensees without separate
authorization from the Commission. The rule amendment is necessary to
enable licensees to use signal boosters without obtaining a waiver of
the rules. The effect of this action is to reduce the workload burden
on both the applicant and the Commission.
EFFECTIVE DATE: July 19, 1996.
FOR FURTHER INFORMATION CONTACT: Eugene Thomson, Private Wireless
Division, Wireless Telecommunications Bureau, (202) 418-0680.
SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Report
and Order, WT Docket No. 95-70, FCC 96-223, adopted May 16, 1996, and
released June 5, 1996. The full text of this Report and Order is
available for inspection and copying during normal business hours in
the FCC Reference Center, Room 246, 1919 M Street N.W., Washington,
D.C. The complete text may be purchased from the Commission's copy
contractor, ITS, Inc., 2100 M St. N.W., Washington, D.C. 20037,
telephone (202) 857-3800.
SUMMARY OF REPORT AND ORDER: The Commission adopted a Notice of
Proposed Rule Making, 60 FR 33782, June 29, 1995, proposing to expand
the use of signal boosters under Parts 22 and 90 and allow signal
booster use under Part 94 (now Part 101) for multiple address systems
(MAS) operations. This Report and Order permits licensees to use signal
boosters on Part 22 paging frequencies at 931-932 MHz and the VHF one-
way public paging channels, on Part 90 private land mobile frequencies
above 150 MHz, and on Part 101 MAS frequencies at 928-960 MHz. It
establishes a 5 watt effective radiated power limit, and allows
licensees to use signal boosters to provide fill-in signal coverage
without a separate authorization. This rule amendment allows licensees
to improve radio system efficiency at less cost and without imposing an
additional licensing burden on either the licensee or the Commission.
List of Subjects
47 CFR Part 22
Communications equipment, Radio.
47 CFR Part 90
Communications equipment, Radio.
47 CFR Part 101
Communications equipment, Radio.
Federal Communications Commission.
William F. Caton,
Acting Secretary.
Final Rules
Parts 22, 90, and 101 of Chapter I of Title 47 of the Code of
Federal Regulations are amended as follows:
PART 22--PUBLIC MOBILE SERVICES
1. The authority citation for Part 22 continues to read as follows:
Authority: 47 U.S.C. 154, 303, unless otherwise noted.
2. Section 22.99 is amended by adding the definition for ``Signal
booster'' in alphabetical order to read as follows:
Sec. 22.99 Definitions.
* * * * *
Signal booster. A stationary device that automatically reradiates
signals from base transmitters without channel translation, for the
purpose of improving the reliability of existing service by increasing
the signal strength in dead spots.
* * * * *
3. Section 22.377 is amended by revising the first sentence of the
introductory text to read as follows:
Sec. 22.377 Type-acceptance of transmitters.
Except as provided in paragraph (b) of this section, transmitters
used in the Public Mobile Services, including those used with signal
boosters, in-building radiation systems and cellular repeaters, must be
type-accepted for use in the radio services regulated under this part.
* * *
* * * * *
4. A new Sec. 22.527 is added to read as follows:
Sec. 22.527 Signal boosters.
Licensees may install and operate signal boosters on channels
listed in Sec. 22.531 only in accordance with the provisions of
Sec. 22.165 governing additional transmitters for existing systems.
Licensees must not allow any signal booster that they operate to cause
interference to the service or operation of any other authorized
stations or systems.
5. Section 22.535 is amended by revising the introductory text and
by adding a new paragraph (f) to read as follows:
Sec. 22.535 Effective radiated power limits.
The effective radiated power (ERP) of transmitters operating on the
channels listed in Sec. 22.531 must not exceed the limits in this
section.
* * * * *
(f) Signal boosters. The effective radiated power of signal
boosters must not exceed 5 watts ERP under any normal operating
condition.
6. Section 22.537 is amended by adding a new paragraph (h) to read
as follows:
Sec. 22.537 Technical channel assignment criteria.
* * * * *
(h) Signal boosters on 931 MHz channels. For the purpose of
compliance with Sec. 22.165 and notwithstanding paragraphs (e) and (f)
of this section, signal boosters operating on the 931 MHz channels with
an antenna HAAT not exceeding 30 meters (98 feet) are deemed to have as
a service contour a circle with a radius of 1.0 kilometer (0.6 mile)
and as an interfering contour a circle with a radius of 10 kilometers
(6.2 miles).
[[Page 31052]]
PART 90--PRIVATE LAND MOBILE RADIO SERVICES
7. The authority citation for Part 90 continues to read as follows:
Authority: Sections 4, 303, and 332, 48 Stat. 1066, 1082, as
amended: 47 U.S.C.154, 303, and 332, unless otherwise noted.
8. Section 90.7 is amended by revising the definition for ``signal
booster'' to read as follows:
Sec. 90.7 Definitions.
* * * * *
Signal booster. A device at a fixed location which automatically
receives, amplifies, and retransmits on a one-way or two-way basis, the
signals received from base, fixed, mobile, and portable stations, with
no change in frequency or authorized bandwidth. A signal booster may be
either narrowband (Class A), in which case the booster amplifies only
those discrete frequencies intended to be retransmitted, or broadband
(Class B), in which case all signals within the passband of the signal
booster filter are amplified.
* * * * *
9. Section 90.75(c)(25) is amended by revising the introductory
paragraph and paragraphs (c)(25) (i) through (iii), removing paragraphs
(c)(25) (iv), (v), (vi), and (vii), and redesignating paragraph
(c)(25)(viii) as (c)(25)(iv), to read as follows:
Sec. 90.75 Business Radio Service.
* * * * *
(c) * * *
(25) This frequency is available for assignment as follows:
(i) To persons furnishing commercial air transportation service or,
pursuant to Sec. 90.179, to an entity furnishing radio communications
service to persons so engaged, for stations located on or near the
airports listed in paragraph (c)(25)(iv) of this section. Stations will
be authorized on a primary basis and may be used only in connection
with the servicing and supplying of aircraft.
(ii) To stations in the Business Radio Service for secondary use at
locations 80 km (50 mi) or more from the coordinates of the listed
airports at a maximum ERP of 300 watts.
(iii) To stations in the Business Radio Service for secondary use
at locations 16 km (10 mi) or more from the coordinates of the listed
airports at a maximum transmitter output power of 2 watts. Use of the
frequency is restricted to the confines of an industrial complex or
manufacturing yard area. Stations licensed prior to April 17, 1986 may
continue to operate with facilities authorized as of that date.
* * * * *
10. A new Sec. 90.219 is added to subpart I to read as follows:
Sec. 90.219 Use of signal boosters.
Licensees authorized to operate radio systems in the frequency
bands above 150 MHz may employ signal boosters at fixed locations in
accordance with the following criteria:
(a) The amplified signal is retransmitted only on the exact
frequency(ies) of the originating base, fixed, mobile, or portable
station(s). The booster will fill in only weak signal areas and cannot
extend the system's normal signal coverage area.
(b) Class A narrowband signal boosters must be equipped with
automatic gain control circuitry which will limit the total effective
radiated power (ERP) of the unit to a maximum of 5 watts under all
conditions. Class B broadband signal boosters are limited to 5 watts
ERP for each authorized frequency that the booster is designed to
amplify.
(c) Class A narrowband boosters must meet the out-of-band emission
limits of Sec. 90.209 for each narrowband channel that the booster is
designed to amplify. Class B broadband signal boosters must meet the
emission limits of Sec. 90.209 for frequencies outside of the booster's
design passband.
(d) Class B broadband signal boosters are permitted to be used only
in confined or indoor areas such as buildings, tunnels, underground
areas, etc., or in remote areas, i.e., areas where there is little or
no risk of interference to other users.
(e) The licensee is given authority to operate signal boosters
without separate authorization from the Commission. Type-accepted
equipment must be employed and the licensee must ensure that all
applicable rule requirements are met.
(f) Licensees employing either Class A narrowband or Class B
broadband signal boosters as defined in Sec. 90.7 are responsible for
correcting any harmful interference that the equipment may cause to
other systems. Normal co-channel transmissions will not be considered
as harmful interference. Licensees will be required to resolve
interference problems pursuant to Sec. 90.173(b).
PART 101--FIXED MICROWAVE SERVICES
11. The authority citation for Part 101 continues to read as
follows:
Authority: '47 U.S.C. 154, 303, unless otherwise noted.
12. Section 101.3 is amended by adding the definition for ``signal
booster'' in alphabetical order to read as follows:
Sec. 101.3 Definitions.
* * * * *
Signal booster. A device at a fixed location which automatically
receives, amplifies, and retransmits on a one-way or two-way basis, the
signals received from base, fixed, mobile, and portable stations, with
no change in frequency or authorized bandwidth. A signal booster may be
either narrowband (Class A), in which case the booster amplifies only
those discrete frequencies intended to be retransmitted, or broadband
(Class B), in which case all signals within the passband of the signal
booster filter are amplified.
* * * * *
13. Section 101.151 is added to Subpart C to read as follows:
Sec. 101.151 Use of signal boosters.
Private operational-fixed licensees authorized to operate multiple
address systems in the 928-929/952-960 MHz and 932-932.5/941-941.5 MHz
bands may employ signal boosters at fixed locations in accordance with
the following criteria:
(a) The amplified signal is retransmitted only on the exact
frequency(ies) of the originating base, fixed, mobile, or portable
station(s). The booster will fill in only weak signal areas and cannot
extend the system's normal signal coverage area.
(b) Class A narrowband signal boosters must be equipped with
automatic gain control circuitry which will limit the total effective
radiated power (ERP) of the unit to a maximum of 5 watts under all
conditions. Class B broadband signal boosters are limited to 5 watts
ERP for each authorized frequency that the booster is designed to
amplify.
(c) Class A narrowband boosters must meet the out-of-band emission
limits of Sec. 101.111 for each narrowband channel that the booster is
designed to amplify. Class B broadband signal boosters must meet the
emission limits of Sec. 101.111 for frequencies outside of the
booster's design passband.
(d) Class B broadband signal boosters are permitted to be used only
in confined or indoor areas such as buildings, tunnels, underground
areas, etc., or remote areas, i.e., areas where there is little or no
risk of interference to other users.
(e) The licensee is given authority to operate signal boosters
without separate authorization from the Commission. Type-accepted
equipment must be employed and the licensee must ensure
[[Page 31053]]
that all applicable rule requirements are met.
(f) Licensees employing either Class A narrowband or Class B
broadband signal boosters as defined in Sec. 101.3 are responsible for
correcting any harmful interference that the equipment may cause to
other systems.
[FR Doc. 96-15266 Filed 6-18-96; 8:45 am]
BILLING CODE 6712-01-P
Complete official Federal Register PDF
FR Doc. 96-14853 Miscellaneous Regulations Relating to Liquor (95R-039P)
[Federal Register Volume 61, Number 119 (Wednesday, June 19, 1996)]
[Rules and Regulations]
[Pages 31028-31035]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-14853]
=======================================================================
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[[Page 31029]]
DEPARTMENT OF THE TREASURY
Bureau of Alcohol, Tobacco and Firearms
27 CFR Part 24, 70, and 170
[T.D. ATF 376]
RIN 1512-AB44
Miscellaneous Regulations Relating to Liquor (95R-039P)
AGENCY: Bureau of Alcohol, Tobacco and Firearms (ATF), Department of
the Treasury.
ACTION: Final rule, Treasury decision.
-----------------------------------------------------------------------
SUMMARY: ATF is amending its regulations by transferring Subparts E and
O from 27 CFR Part 170 to 27 CFR Part 70, and redesignating these
regulations as Subparts F and G respectively within Part 70. 27 CFR
Part 170, Subpart E contains regulations which implement 26 U.S.C. 6423
relating to certain refunds or credits of tax on distilled spirits,
wines, and beer. Subpart O contains regulations which implement 26
U.S.C. 5064 relating to payments for losses of distilled spirits,
wines, and beer due to disaster, vandalism, or malicious mischief.
ATF has also reviewed the regulations within 27 CFR Part 170,
Subpart E and determined that the bonding requirements provided for in
Secs. 170.94-170.99 are no longer needed. Consequently, these bonding
provisions have been eliminated.
EFFECTIVE DATE: September 17, 1996.
FOR FURTHER INFORMATION CONTACT: Daniel J. Hiland, Wine, Beer and
Spirits Regulations Branch, Bureau of Alcohol, Tobacco and Firearms,
650 Massachusetts Avenue, NW., Washington, DC 20226 (202-927-8210).
SUPPLEMENTARY INFORMATION:
Background
On February 21, 1995, President Clinton announced a regulatory
reform initiative. As part of this initiative, each Federal agency was
instructed to conduct a page by page review of all agency regulations
to identify those which are obsolete or burdensome and those whose
goals could be better achieved through the private sector, self-
regulation or state and local governments. In cases where the agency's
review disclosed regulations which should be revised or eliminated, the
agency would, as soon as possible, propose administrative changes to
its regulations.
The page by page review of all regulations was completed as
directed by the President. In addition, on April 13, 1995 the Bureau
published a notice in the Federal Register requesting comments from the
public regarding which ATF regulations could be improved or eliminated.
As a result of both the Bureau's analysis of its regulations, and from
the public comments received, a number of regulatory initiatives were
developed which are intended to accomplish the President's goals.
Transfer of Subparts E and O
This Treasury decision implements one of the regulatory initiatives
identified by ATF personnel, the transfer of regulations found in 27
CFR Subparts E and O from Part 170 to 27 CFR Part 70.
These two subparts were located within 27 CFR Part 170, which
contains miscellaneous regulations relating to liquor. The Bureau has
determined that the placement of this information in a miscellaneous
part within 27 CFR is not appropriate and not easily accessible to
persons seeking information regarding claims, refunds, and credits. The
Bureau has decided that since much of this type of information is
already located within Part 70, Procedures and Practices, it would be
more appropriate to transfer these two subparts to 27 CFR Part 70.
Elimination of Bond
This Treasury decision also eliminates a bonding requirement
relating to certain claims filed under 26 U.S.C. 6423. The regulations
at 27 CFR Part 170, Subpart E contain provisions whereby a claim, for
refund or credit of tax on articles which the claimant or owner has
neither sold nor contracted to sell at the time of filing of the claim
under 26 U.S.C. 6423, must be accompanied by a bond on Form 2490. ATF
has reviewed the background and legislative history surrounding Section
6423 and determined that this bonding provision is no longer needed in
the regulations.
ATF finds that this bonding provision dates back to the passage of
Public Law 85-323 in 1958. At that time, the tax law required
distillers to remove distilled spirits from bond after a period of
eight years and pay the distilled spirits tax on the spirits so
removed. Distillers filed suit against the Government because they
considered this law unconstitutional. In addition, many distillers
filed claims for refund of taxes paid on spirits which they were
required to remove from bond.
In response to these actions, Congress passed Public Law 85-323
which added Section 6423 to the Internal Revenue Code. The purpose of
this section was to prevent claimants from realizing a windfall gain
from the possible credit or refund of tax in those instances where
someone else bore the ultimate burden for the tax. The provisions of
Section 6423 set certain conditions for payment of such refunds or
credits. Generally, these provisions required that the claimant
establish that he bore the ultimate burden for the tax claimed. Section
6423 also provided that, where the taxed commodities had not yet been
sold, the claimant must agree not to shift the burden of the tax, or to
seek relief from it, and the Secretary could require filing of a bond
to guarantee compliance with this agreement. A bonding requirement was
incorporated into ATF's regulations.
The bonding provision was intended to cover spirits which the
distiller withdrew from bond and taxpaid, but had not yet marketed. Any
person filing a claim for spirits which were not yet marketed was
required to provide a bond to ensure compliance with the agreement that
they would not also shift the tax burden for the spirits to another
person after the claim was filed.
Ultimately, the court ruled in favor of the Government and the
claims filed by the various distillers were denied. See Schenley
Distillers, Inc. v. United States, 255 F.2d 334 (3rd Cir. 1958), cert.
denied, 358 U.S. 835 (1958). Later, the tax law was amended, and the
requirement to withdraw spirits from bond after eight years was
eliminated from the law.
Under current law, it would be unusual for a claimant to file a
request for credit or refund on a product which had been taxpaid, but
not yet marketed, since products are generally sold immediately after
removal from bond. Since the circumstances which brought about this
bonding provision have changed, and the bond is not required by law,
ATF has decided to remove the bonding requirement from the regulations.
ATF has determined that elimination of the bonding requirement will not
jeopardize the revenue.
Miscellaneous
The transfer of two subparts of regulations from 27 CFR Part 170 to
Part 70 affects references to refund and claim procedures found in
several sections of 27 CFR Part 24. Therefore, this Treasury decision
also makes minor technical amendments to 27 CFR Part 24 whereby
references to provisions formerly found in 27 CFR Part 170 will now
refer to 27 CFR Part 70.
Executive Order 12866
It has been determined that this final rule is not a significant
regulatory action as defined by Executive Order 12866.
[[Page 31030]]
Accordingly, this final rule is not subject to the analysis required by
this Executive Order.
Regulatory Flexibility Act
The provisions of the Regulatory Flexibility Act relating to a
final regulatory flexibility analysis (5 U.S.C. 604) are not applicable
to this final rule because the agency was not required to publish a
general notice of proposed rulemaking under 5 U.S.C. 553 or any other
law. A copy of this final rule has been submitted to the Administrator
of the Small Business Administration for comment on the impact of such
regulations on small business, pursuant to 26 U.S.C. 7805(f).
Paperwork Reduction Act
The provisions of the Paperwork Reduction Act of 1980, Pub. L. 96-
511, 44 U.S.C. Chapter 35, and its implementing regulations, 5 CFR Part
1320, do not apply to this notice because no new requirement to collect
information is imposed. This final rule only transfers two Subparts
from 27 CFR Part 170 to 27 CFR Part 70.
Administrative Procedure Act
Because this final rule merely makes technical amendments and
conforming changes to improve the clarity of the regulations, it is
unnecessary to issue this final rule with notice and public procedure
under 553(b).
Drafting Information: The principal author of this document is
Daniel J. Hiland, Wine, Beer and Spirits Regulations Branch, Bureau
of Alcohol, Tobacco and Firearms.
List of Subjects
27 CFR Part 24
Administrative practice and procedure, Authority delegations,
Claims, Electronic fund transfers, Excise taxes, Exports, Food
additives, Fruit juices, Labeling, Liquors, Packaging and containers,
Reporting and recordkeeping requirements, Research, Scientific
equipment, Spices and flavorings, Surety bonds, Taxpaid wine bottling
house, Transportation, Vinegar, Warehouses, Wine.
27 CFR Part 70
Administrative practice and procedure, Authority delegations,
Claims, Customs duties and inspection, Disaster assistance, Excise
taxes, Government employees, Law enforcement, Law enforcement officers.
27 CFR Part 170
Alcohol and alcoholic beverages, Authority delegations, Customs
duties and inspection, Labeling, Liquors, Penalties, Reporting
requirements, Wine.
Issuance
Chapter I of title 27, Code of Federal Regulations is amended as
follows:
PART 24--WINE
Par. 1. The authority citation for part 24 continues to read as
follows:
Authority: 5 U.S.C. 552(a); 26 U.S.C. 5001, 5008, 5041, 5042,
5044, 5061, 5062, 5081, 5111-5113, 5121, 5122, 5142, 5143, 5173,
5206, 5214, 5215, 5351, 5353, 5354, 5356, 5357, 5361, 5362, 5364-
5373, 5381-5388, 5391, 5392, 5511, 5551, 5552, 5661, 5662, 5684,
6065, 6091, 6109, 6301, 6302, 6311, 6651, 6676, 7011, 7302, 7342,
7502, 7503, 7606, 7805, 7851; 31 U.S.C. 9301, 9303, 9304, 9306.
Par. 2. Section 24.65(c) is revised to read as follows:
Sec. 24.65 Claims for wine or spirits lost or destroyed in bond.
* * * * *
(c) Claim for abatement, credit or refund. A claim for an abatement
of an assessment under Sec. 24.61, or credit or refund of tax which has
been paid or determined, will be filed with the regional director
(compliance) in accordance with the provisions of this paragraph and
the provisions of 27 CFR part 70, subpart F. A claim filed under this
paragraph with respect to spirits, wine, or volatile fruit-flavor
concentrate, will set forth the applicable information required by
paragraphs (a) and (b) of this section. In addition, any claim filed
under this paragraph will set forth the following information:
(1) The date of the assessment for which abatement is claimed; and
(2) The name, registry number, and address of the premises where
the tax was assessed (or name, address, and title of any other person
who was assessed the tax, if the tax was not assessed against the
proprietor).
* * * * *
Par. 3. Section 24.67 is amended by revising paragraphs (b) and (c)
to read as follows:
Sec. 24.67 Other Claims.
* * * * *
(b) Refund or credit of any tax imposed on wine or other liquors by
26 U.S.C. chapter 51, part I, subchapter A, on the grounds that an
amount of tax was assessed or collected erroneously, illegally, without
authority, or in any manner wrongfully, or on the grounds that the
amount was excessive, are contained in 27 CFR part 70 subpart F.
(c) Payment of an amount equal to the internal revenue tax paid or
determined and customs duties paid on wines or other liquors previously
withdrawn, which are lost, rendered unmarketable, or condemned by a
duly authorized official as a result of
(1) A major disaster,
(2) Fire, flood, casualty, or other disaster, or
(3) Breakage, destruction, or damage (excluding theft) resulting
from vandalism or malicious mischief, are found in 27 CFR part 70,
subpart G.
Par. 4. Section 24.295(a) is revised to read as follows:
Sec. 24.295 Return of unmerchantable wine to bond.
(a) General. Wine produced in the United States which has been
taxpaid, removed from bonded wine premises, and subsequently determined
to be unmerchantable may be returned to bonded wine premises for
reconditioning, reformulation or destruction. The tax paid on United
States wine may, when such wine is returned to bond, be refunded or
credited, without interest, to the proprietor of the bonded wine
premises to which such wine is delivered. However, no tax paid on any
United States wine for which a claim has been or will be made under the
provisions of 27 CFR Part 70, subpart G will be refunded or credited.
If the tax on the United States wine has been determined but not paid,
the person liable for the tax may, when such wine is returned to bond,
be relieved of the liability. Claims for refund or credit, or relief
from tax paid or determined on United States wine returned to bond are
filed in accordance with Sec. 24.66.
* * * * *
PART 70--PROCEDURE AND ADMINISTRATION
Par. 5. The authority citation for part 70 is revised to read as
follows:
Authority: 5 U.S.C. 301 and 552; 26 U.S.C. 4181, 4182, 5064,
5146, 5203, 5207, 5275, 5367, 5415, 5504, 5555, 5684(a), 5741,
5761(b), 6020, 6021, 6064, 6102, 6155, 6159, 6201, 6203, 6204, 6301,
6303, 6311, 6313, 6314, 6321, 6323, 6325, 6326, 6331-6343, 6401-
6404, 6407, 6416, 6423, 6501-6503, 6511, 6513, 6514, 6532, 6601,
6602, 6611, 6621, 6622, 6651, 6653, 6656, 6657, 6658, 6665, 6671,
6672, 6701, 6723, 6801, 6862, 6863, 6901, 7011, 7101, 7102, 7121,
7122, 7207, 7209, 7214, 7304, 7401, 7403, 7406, 7423, 7424, 7425,
7426, 7429, 7430, 7432, 7502, 7503, 7505, 7506, 7513, 7601-7606,
7608-7610, 7622, 7623, 7653, 7805.
Penalties
70.610 Penalties.
Par. 6. Section 70.1 is revised to read as follows:
[[Page 31031]]
Sec. 70.1 General.
(a) The regulations in Subparts C, D, and E of this part set forth
the procedural and administrative rules of the Bureau of Alcohol,
Tobacco and Firearms for:
(1) The issuance and enforcement of summonses, examination of books
of account and witnesses, administration of oaths, entry of premises
for examination of taxable objects, granting of rewards for
information, canvass of regions for taxable objects and persons, and
authority of ATF officers.
(2) The use of commercial banks for payment of excise taxes imposed
by 26 U.S.C. Subtitles E and F.
(3) The preparing or executing of returns; deposits; payment on
notice and demand; assessment; abatements, credits and refunds;
limitations on assessment; limitations on credit or refund; periods of
limitation in judicial proceedings; interest; additions to tax,
additional amounts, and assessable penalties; enforced collection
activities; authority for establishment, alteration, and distribution
of stamps, marks, or labels; jeopardy assessment of alcohol, tobacco,
and firearms taxes, and registration of persons paying a special tax.
(4) Distilled spirits, wines, beer, tobacco products, cigarette
papers and tubes, firearms, ammunition, and explosives.
(b) The regulations in Subpart F of this part relate to the
limitations imposed by 26 U.S.C. 6423, on the refund or credit of tax
paid or collected in respect to any article of a kind subject to a tax
imposed by Part I, Subchapter A of Chapter 51, I.R.C., or by any
corresponding provision of prior internal revenue laws.
(c) The regulations in Subpart G of this part implement 26 U.S.C.
5064, which permits payments to be made by the United States for
amounts equal to the internal revenue taxes paid or determined and
customs duties paid on distilled spirits, wines, and beer, previously
withdrawn, that were lost, made unmarketable, or condemned by a duly
authorized official as a result of disaster, vandalism, or malicious
mischief. This subpart applies to disasters or other specified causes
of loss, occurring on or after February 1, 1979. This subpart does not
apply to distilled spirits, wines, and beer manufactured in Puerto Rico
and brought into the United States.
Par. 7. Section 70.2 is added to read as follows:
Sec. 70.2 Forms prescribed.
(a) The Director is authorized to prescribe all forms required by
this part. All of the information called for in each form shall be
furnished as indicated by the headings on the form and the instructions
on or pertaining to the form. In addition, information called for in
each form shall be furnished as required by this part.
(b) Requests for forms should be mailed to the ATF Distribution
Center, P.O. Box 5950, Springfield, Virginia 22153-5950.
Par. 8. Section 70.411 is amended by revising paragraph (c)(2) to
read as follows:
Sec. 70.411 Imposition of taxes, qualification requirements, and
regulations.
* * * * *
(c) * * *
(2) Miscellaneous liquor transactions. Part 170 of 27 CFR contains
miscellaneous regulations relative to:
(i) Manufacture, removal, and use of stills and condensers, and to
the notice, registration, and recordkeeping requirements therefor;
(ii) Manufacture and sale of certain compounds, preparations, and
products containing alcohol;
* * * * *
Par. 9. Section 70.414 is amended by revising paragraphs (a) and
(g) to read as follows:
Sec. 70.414 Preparation and filing of claims.
(a) Distilled spirits at distilled spirits plants. Procedural
instructions in respect of claims for remission, abatement, credit, or
refund of tax on spirits (including denatured spirits) lost or
destroyed on or lost in transit to, or on spirits returned to, the
premises of a distilled spirits plant are contained in Part 19 of Title
27 CFR. It is not necessary to file a claim for credit of tax on
taxpaid samples taken by ATF officers from distilled spirits plants, as
the regional director (compliance) will allow credit, without claim,
for tax on such samples.
* * * * *
(g) Miscellaneous. Procedural instructions are contained in 27 CFR
Part 70, subparts F and G in respect of claims for--
(1) Refund or credit of tax on distilled spirits, wines or beer
where such refund or credit is claimed on the grounds that tax was
assessed or collected erroneously, illegally, without authority, or in
any manner wrongfully, or on the grounds that such amount was
excessive, and where such refund or credit is subject to the
limitations imposed by section 6423 of the Internal Revenue Code.
(2) Payment of an amount equal to the internal revenue tax paid or
determined and customs duties paid on distilled spirits, wines,
rectified products, and beer previously withdrawn, which were lost,
rendered unmarketable, or condemned by a duly authorized official by
reason of a major disaster occurring in the United States after June
30, 1959.
* * * * *
Par. 10. 27 CFR Part 70 is amended by adding Subpart F to read as
follows:
Subpart F--Application of Section 6423, Internal Revenue Code of
1954, as Amended, to Refund or Credit of Tax on Distilled Spirits,
Wines, and Beer
General
70.501 Meaning of terms.
70.502 Applicability to certain credits or refunds.
70.503 Ultimate burden.
70.504 Conditions to allowance of credit or refund.
70.505 Requirements on persons intending to file claim.
Claim Procedure
70.506 Execution and filing of claim.
70.507 Data to be shown in claim.
70.508 Time for filing claim.
Penalties
70.509 Penalties.
Subpart F--Application of Section 6423, Internal Revenue Code of
1954, as Amended, to Refund or Credit of Tax on Distilled Spirits,
Wines, and Beer
General
Sec. 70.501 Meaning of terms.
When used in this subpart, where not otherwise distinctly expressed
or manifestly incompatible with the intent thereof, terms shall have
the meaning ascribed in this section.
Article. The commodity in respect to which the amount claimed was
paid or collected as a tax.
Claimant. Any person who files a claim for a refund or credit of
tax under this subpart.
District director of customs. The district director of customs at a
headquarters port of the district (except the district of New York,
N.Y.); the area directors of customs in the district of New York, N.Y.;
and the port director at a port not designated as a headquarters port.
I.R.C. Internal Revenue Code of 1986, as amended.
Owner. A person who, by reason of a proprietary interest in the
article, furnished the amount claimed to the claimant for the purpose
of paying the tax.
Person. An individual, a trust, estate, partnership, association,
company, or corporation.
[[Page 31032]]
Tax. Any tax imposed by 26 U.S.C. 5001-5066, or by any
corresponding provision of prior internal revenue laws, and in the case
of any commodity of a kind subject to a tax under any such sections,
any tax equal to any such tax, any additional tax, or any floor stocks
tax. The term includes an extraction denominated a ``tax'', and any
penalty, addition to tax, additional amount, or interest applicable to
any such tax.
Sec. 70.502 Applicability to certain credits or refunds.
The provisions of this subpart apply only where the credit or
refund is claimed on the grounds that an amount of tax was assessed or
collected erroneously, illegally, without authority, or in any manner
wrongfully, or on the grounds that such amount was excessive. This
subpart does not apply to:
(a) Any claim for drawback,
(b) Any claim made in accordance with any law expressly providing
for credit or refund where an article is withdrawn from the market,
returned to bond, or lost or destroyed, and
(c) Any claim based solely on errors in computation of the quantity
of an article subject to tax or on mathematical errors in computation
of the amount of the tax due, or to any claim in respect of tax
collected or paid on an article seized and forfeited, or destroyed, as
contraband.
Sec. 70.503 Ultimate burden.
For the purposes of this subpart, the claimant, or owner, shall be
treated as having borne the ultimate burden of an amount of tax only
if:
(a) The claimant or owner has not, directly or indirectly, been
relieved of such burden or shifted such burden to any other person,
(b) No understanding or agreement exists for any such relief or
shifting, and
(c) If the claimant or owner has neither sold nor contracted to
sell the articles involved in such claim, such claimant or owner agrees
that there will be no such relief or shifting.
Sec. 70.504 Conditions to allowance of credit or refund.
No credit or refund to which this subpart is applicable shall be
allowed or made, pursuant to a court decision or otherwise, of any
amount paid or collected as a tax unless a claim therefor has been
filed, as provided in this subpart, by the person who paid the tax and
the claimant, in addition to establishing that such claimant is
otherwise legally entitled to credit or refund of the amount claimed,
establishes:
(a) That the claimant bore the ultimate burden of the amount
claimed, or
(b) That the claimant has unconditionally repaid the amount claimed
to the person who bore the ultimate burden of such amount, or
(c) That:
(1) the owner of the article furnished the claimant the amount
claimed for payment of the tax;
(2) The claimant has filed with the regional director (compliance)
the written consent of such owner to the allowance to the claimant of
the credit or refund; and
(3) Such owner satisfies the requirements of paragraph (a) or (b)
of this section.
Sec. 70.505 Requirements on persons intending to file claim.
Any person who, having paid the tax with respect to an article,
desires to claim refund or credit of any amount of such tax to which
the provisions of this subpart are applicable must:
(a) File a claim, as provided in Sec. 70.506, and
(b) Comply with any other provisions of law or regulations which
may apply to the claim.
Claim Procedure
Sec. 70.506 Execution and filing of claim.
Claims to which this subpart is applicable shall be executed on
Form 2635 (5620.8) in accordance with the instructions on the form and
shall (except as hereinafter provided) be filed with the regional
director (compliance) for the region in which the tax was paid. (For
provisions relating to handcarried documents, see 27 CFR 70.304).
Claims for credit or refund of taxes collected by district directors of
customs, to which the provisions of section 6423, I.R.C., are
applicable and which Customs regulations (19 CFR Part 24--Customs
Financial and Accounting Procedure) require to be filed with the
regional director (compliance) of the region in which the claimant is
located, shall be executed and filed in accordance with applicable
Customs regulations and this subpart. The claim shall set forth each
ground upon which the claim is made in sufficient detail to apprise the
regional director (compliance) of the exact basis therefor. Allegations
pertaining to the bearing of the ultimate burden relate to additional
conditions which must be established for a claim to be allowed and are
not in themselves legal grounds for allowance of a claim. There shall
also be attached to the form and made part of the claim the supporting
data required by Sec. 70.507. All evidence relied upon in support of
such claim shall be clearly set forth and submitted with the claim.
Sec. 70.507 Data to be shown in claim.
Claims to which this subpart is applicable, in addition to the
requirements of Sec. 70.506 must set forth or contain the following:
(a) A statement that the claimant paid the amount claimed as a
``tax'' as defined in this subpart.
(b) Full identification (by specific reference to the form number,
the date of filing, the place of filing, and the amount paid on the
basis of the particular form or return) of the tax forms or returns
covering the payments for which refund or credit is claimed.
(c) The written consent of the owner to the allowance of the refund
or credit to the claimant (where the owner of the article in respect of
which the tax was paid furnished the claimant the amount claimed for
the purpose of paying the tax).
(d) If the claimant (or owner, as the case may be) has neither sold
nor contracted to sell the articles involved in the claim, a statement
that the claimant (or owner, as the case may be) agrees not to shift,
directly or indirectly in any manner whatsoever, the burden of the tax
to any other person.
(e) If the claim is for refund of a floor stocks tax, or of an
amount resulting from an increase in rate of tax applicable to an
article, a statement as to whether the price of the article was
increased on or following the effective date of such floor stocks tax
or rate increase, and if so, the date of the increase, together with
full information as to the amount of such price increase.
(f) Specific evidence (such as relevant records, invoices, or other
documents, or affidavits of individuals having personal knowledge of
pertinent facts) which will satisfactorily establish the conditions to
allowance set forth in Sec. 70.504.
(g)The regional director (compliance) may require the claimant to
furnish as a part of the claim such additional information as may be
deemed necessary.
Sec. 70.508 Time for filing claim.
No credit or refund of any amount of tax to which the provisions of
this subpart apply shall be made unless the claimant files a claim
therefor within the time prescribed by law and in accordance with the
provisions of this subpart.
Penalties
Sec. 70.509 Penalties.
It is an offense punishable by fine and imprisonment for anyone to
make or
[[Page 31033]]
cause to be made any false or fraudulent claim upon the United States,
or to make any false or fraudulent statements, or representations, in
support of any claim, or to falsely or fraudulently execute any
documents required by the provisions of the internal revenue laws, or
any regulations made in pursuance thereof.
Par. 11. 27 CFR Part 70 is amended by adding Subpart G to read as
follows:
Subpart G--Losses Resulting From Disaster, Vandalism, or Malicious
Mischief
Definitions
70.601 Meaning of terms.
Payments
70.602 Circumstances under which payment may be made.
Claims Procedures
70.603 Execution and filing of claims.
70.604 Record of inventory to support claims.
70.605 Claims related to imported, domestic and Virgin Island
liquors.
70.606 Claimant to furnish proof.
70.607 Supporting evidence.
70.608 Action on claims.
Destruction of Liquors
70.609 Supervision.
Subpart G--Losses Resulting From Disaster, Vandalism, or Malicious
Mischief
Sec. 70.601 Meaning of Terms.
When used in this subpart, terms are defined as follows in this
section. Words in the plural shall include the singular, and vice
versa, and words indicating the masculine gender shall include the
feminine. The terms ``includes'' and ``including'' do not exclude other
things not named which are in the same general class or are otherwise
within the scope of the term defined.
Alcoholic liquors or liquors. Distilled spirits, wines, and beer
lost, made unmarketable, or condemned, as provided in this subpart.
Beer. Beer, ale, porter, stout, and other similar fermented
beverages (including sake, or other similar products) of any name or
description containing one-half of 1 percent or more of alcohol by
volume on which the internal revenue tax has been paid or determined,
and if imported, on which duties have been paid.
Claimant. The person who held the liquors for sale at the time of
the disaster or other specified cause of loss and who files a claim
under this subpart.
Commissioner of Customs. The Commissioner of Customs, U.S. Customs
Service, the Department of the Treasury, Washington, DC.
Distilled spirits, or spirits. Ethyl alcohol and other distillates
such as whisky, brandy, rum, gin, vodka, in any form (including all
dilutions and mixtures thereof, from whatever source or by whatever
process produced), on which the internal revenue tax has been paid or
determined and, if imported, on which duties have been paid.
Duly authorized official. Any Federal, State or local government
official who is authorized to condemn liquors on which a claim is filed
under this subpart.
Duty or duties. Any duty or duties paid under the customs laws of
the United States.
Major Disaster. A flood, fire, hurricane, earthquake, storm, or
other catastrophe defined as a ``major disaster'' under the Disaster
Relief Act (42 U.S.C. 5122(2)), which occurs in any part of the United
States and which the President has determined causes sufficient damage
to warrant ``major disaster'' assistance under that Act.
Region. A Bureau of Alcohol, Tobacco and Firearms region.
Tax. (1) With respect to distilled spirits, ``tax'' means the
internal revenue tax that is paid or determined on spirits.
(2) With respect to wines, ``tax'' means the internal revenue tax
that is paid or determined on the wine.
(3) With respect to beer, ``tax'' means the internal revenue tax
that is paid or determined on the beer.
United States. When used in a geographical sense includes only the
States and the District of Columbia.
Wines. All still wines, effervescent wines, and flavored wines, on
which internal revenue wine tax has been paid or determined, and if
imported, on which duty has been paid.
Payments
Sec. 70.602 Circumstances under which payment may be made.
(a) Major disasters. The regional director (compliance) shall allow
payment (without interest) of an amount equal to the tax paid or
determined, and the Commissioner of Customs shall allow payment
(without interest) of an amount equal to the duty paid, on distilled
spirits, wines, and beer previously withdrawn, if the liquors are lost,
made unmarketable, or condemned by a duly authorized official as the
result of a major disaster (as defined in Sec. 70.601).
(b) Other causes of loss--(1) Payment. The regional director
(compliance) shall allow payment (without interest) of an amount equal
to the tax paid or determined, and the Commissioner of Customs shall
allow payment (without interest) of an amount equal to the duty paid,
on distilled spirits, wines, and beer previously withdrawn, if the
liquors are lost, made unmarketable, or condemned by a duly authorized
official as a result of:
(i) Fire, flood, casualty, or other disaster; or
(ii) Breakage, destruction, or other damage (excluding theft)
resulting from vandalism or malicious mischief.
(2) Minimum claim. No claim of less than $250 will be allowed for
losses resulting from any disaster or damage described in paragraph
(b)(1) of this section.
(c) General. Payment under this section may be made only if:
(1) The disaster or other specified cause of loss occurred in the
United States;
(2) At the time of the disaster or other specified cause of loss,
the liquors were being held for sale by the claimant;
(3) Refund or credit of the amount claimed, or any part of the
amount claimed, has not or will not be claimed for the same liquors
under any other law or regulations; and
(4) The claimant was not indemnified by any valid claim of
insurance or otherwise for the tax and/or duty on the liquors covered
by the claim.
Claims Procedures
Sec. 70.603 Execution and filing of claim.
(a) General. (1) Claims under this subpart shall be filed on Form
2635 (5620.8), in original only, with the regional director
(compliance) of the region in which the liquors were lost, became
unmarketable, or were condemned.
(2) The claim shall include all the facts on which the claim is
based, and be accompanied by a record of inventory of the liquors lost,
made unmarketable, or condemned. (See Sec. 70.604.)
(3) The claim shall contain a statement that no other claim for
refund or credit of the amount claimed, or for any part of the amount
claimed, has been or will be filed under any other law or regulations.
(b) Major disasters. Claims for refund of tax and/or duty on
liquors which were lost, became unmarketable, or were condemned as a
result of a major disaster must be filed not later than 6 months from
the day on which the President determines that a major disaster has
occurred.
(c) Other causes of loss. (1) Claims for amounts of $250 or more
for refund of
[[Page 31034]]
tax and/or duty on liquors which were lost, became unmarketable, or
were condemned as the result of:
(i) Fire, flood, casualty, or other disaster; or
(ii) Damage (excluding theft) resulting from vandalism or malicious
mischief, must be filed within 6 months after the date on which the
disaster or damage occurred.
(2) Claims for amounts less than $250 will not be allowed.
Sec. 70.604. Record of inventory to support claims.
(a) Claims relating to distilled spirits. The record of inventory
of distilled spirits lost, made unmarketable, or condemned, which is
required to support claims filed under Sec. 70.603, shall show the
following information:
(1) Name and business address of claimant (as shown on claim, Form
2635 (5620.8)).
(2) Address where the spirits were lost, became unmarketable, or
were condemned, if different from the business address.
(3) Kind of spirits.
(4) Brand name.
(5) For full cases, show. (i) Number of cases;
(ii) Serial numbers;
(iii) Bottles per case;
(iv) Size of bottles;
(v) Wine gallons per case;
(vi) Proof; and
(vii) Proof gallons.
(6) For bottles not in cases, show.
(i) Total number;
(ii) Size of bottles;
(iii) Wine gallons;
(iv) Proof; and
(v) Total proof gallons.
(7) Total proof gallons for all items.
(b) Claims relating to wines. The record of inventory of wines
lost, made unmarketable, or condemned, which is required to support
claims filed under Sec. 70.603, shall show the following information:
(1) Name and business address of claimant (as shown on claim, Form
2635 (5620.8)).
(2) Address where the wines were lost, became unmarketable, or were
condemned, if different from the business address.
(3) Kind of wine.
(4) Percent of alcohol by volume.
(5) Number of barrels or kegs.
(6) Kind and number of other bulk containers.
(7) Number of full cases and bottles per case.
(8) Size of bottles.
(9) Number of bottles not in cases and wine gallons.
(10) Total wine gallons.
(c) Claims relating to beer. The record of inventory of beer lost,
made unmarketable, or condemned, which is required to support claims
filed under Sec. 70.603, shall show the following information:
(1) Name and business address of claimant (as shown on claim, Form
2635 (5620.8)).
(2) Address where the beer was lost, became unmarketable, or was
condemned, if different from the business address.
(3) Number and size of barrels.
(4) For full cases, show. (i) Number of cases;
(ii) Bottles or cans per case; and
(iii) Size (in ounces) of bottles or cans.
(5) Number and size of bottles and cans not in cases.
(6) Quantity in terms of 31-gallon barrels.
(7) Total quantity.
(d) Special instructions. (1) Inventories of domestic liquors,
imported liquors, and liquors manufactured in the Virgin Islands shall
be reported separately.
(2) Liquors manufactured in Puerto Rico may not be included in
claims filed under this subpart. Claims for losses of Puerto Rican
liquors shall be filed with the Secretary of the Treasury of Puerto
Rico under the laws of Puerto Rico.
Sec. 70.605 Claims relating to imported, domestic, and Virgin Islands
liquors.
(a) Claims involving taxes on domestic liquors, imported liquors,
and liquors manufactured in the Virgin Islands must show the quantities
of each separately in the claim.
(b) A separate claim on Form 2635 (5620.8) must be filed for
customs duties.
Sec. 70.606 Claimant to furnish proof.
The claimant shall furnish proof to the satisfaction of the
regional director (compliance) regarding the following:
(a) That the tax on the liquors, or the tax and duty if imported,
was fully paid; or the tax, if not paid, was fully determined.
(b) That the liquors were lost, made unmarketable, or condemned by
a duly authorized official, by reason of damage sustained as a result
of a disaster or other cause of loss specified in this subpart.
(c) The type and date of occurrence of the disaster or other
specified cause of loss, and the location of the liquors at the time.
(d) That the claimant was not indemnified by a valid claim of
insurance or otherwise for the tax, or tax and duty, on the liquors
covered by the claim.
(e) That the claimant is entitled to payment under this subpart.
Sec. 70.607 Supporting evidence.
(a) The claimant shall support the claim with any evidence (such as
inventories, statements, invoices, bills, records, labels, formulas,
stamps) that is available to submit, relating to the quantities and
identities of the liquors, on which duty has been paid or tax has been
paid or determined, that were on hand at the time of the disaster or
other specified cause of loss and alleged to have been lost, made
unmarketable, or condemned as a result of it.
(b) If the claim is for refund of duty, the claimant shall furnish,
if possible:
(1) The customs number;
(2) The date of entry; and
(3) The name of the port of entry.
Sec. 70.608 Action on claims.
The regional director (compliance) shall date stamp and examine
each claim filed under this subpart and will determine the validity of
the claim. Claims and supporting data involving customs duties will be
forwarded to the Commissioner of Customs with a summary statement by
the regional director (compliance) regarding his or her findings.
Destruction of Liquors
Sec. 70.609 Supervision.
When allowance has been made under this subpart for the tax and/or
duty on liquors condemned by a duly authorized official or made
unmarketable, the liquors shall be destroyed by suitable means under
supervision satisfactory to the regional director (compliance), unless
the liquors were previously destroyed under supervision satisfactory to
the regional director (compliance). The Commissioner of Customs will
notify the regional director (compliance) as to allowance under this
subpart of claims for duty on unmarketable or condemned liquors.
Penalties
Sec. 70.610 Penalties.
(a) Penalties are provided in 26 U.S.C. 7206 for making any false
or fraudulent statement under the penalties of perjury in support of
any claim.
(b) Penalties are provided in 26 U.S.C. 7207 for filing any false
or fraudulent document under this subpart.
(c) All laws and regulations, including penalties, which apply to
internal revenue taxes on liquors shall, when appropriate, apply to
payments made under this subpart the same as if the payments were
actual refunds of internal taxes on liquors.
[[Page 31035]]
PART 170--MISCELLANEOUS REGULATIONS RELATING TO LIQUOR
Par. 12. The authority citation for part 170 is revised to read as
follows:
Authority: 26 U.S.C. 5001, 5002, 5111, 5121, 5171, 5205, 5291,
5301, 5362, 7805; 31 U.S.C. 9304, 9306.
Par. 13. Subpart E, Secs. 170.85-170.100 and Subpart O,
Secs. 170.301-170.311 are removed.
Signed: May 7, 1996.
Bradley A. Buckles,
Acting Director.
Approved: May 21, 1996.
John P. Simpson,
Deputy Assistant Secretary, Regulatory, Tariff & Trade Enforcement.
[FR Doc. 96-14853 Filed 6-18-96; 8:45 am]
BILLING CODE 4810-31-P
Complete official Federal Register PDF
FR Doc. 96-14593 Fisheries of the Exclusive Economic Zone Off Alaska
[Federal Register Volume 61, Number 119 (Wednesday, June 19, 1996)]
[Rules and Regulations]
[Pages 31228-31304]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-14593]
[[Page 31227]]
_______________________________________________________________________
Part II
Department of Commerce
_______________________________________________________________________
National Oceanic and Atmospheric Administration
_______________________________________________________________________
15 CFR Part 902
50 CFR Part 671, et al.
Fisheries of the Exclusive Economic Zone Off Alaska; Final Rule
Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 /
Rules and Regulations
[[Page 31228]]
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
15 CFR Part 902
50 CFR Parts 671, 672, 673, 675, 676, 677, and 679
[Docket No. 960531152-6152-01; I.D. 042996B]
RIN 0648-AI18
Fisheries of the Exclusive Economic Zone Off Alaska
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: NMFS is consolidating six parts in title 50 of the CFR as part
of the President's Regulatory Reform Initiative. This final rule does
not make substantive changes to the existing regulations; rather, it
reorganizes management measures into a more logical and cohesive order,
removes duplicative and outdated provisions, and makes editorial
changes for readability, clarity, and to achieve uniformity in
regulatory language. This final rule also amends references to
Paperwork Reduction Act (PRA) information-collection requirements to
reflect the consolidation. The purpose of this final rule is to make
the regulations more concise, better organized, and thereby easier for
the public to use.
EFFECTIVE DATE: July 1, 1996.
ADDRESSES: Copies of the final rule for this action may be obtained
from: Fisheries Management Division, Alaska Region, NMFS, 709 W. 9th
Street, Room 453, Juneau, AK 99801, or P.O. Box 21668, Juneau, AK
99802, Attn: Lori J. Gravel. Comments regarding burden-hour estimates
or other aspects of the collection-of-information requirements
contained in this rule should be sent to Fisheries Management Division,
Alaska Region, NMFS, at the above address and to the Office of
Information and Regulatory Affairs, OMB, Washington, DC 20503 (Attn:
NOAA Desk Officer).
FOR FURTHER INFORMATION CONTACT: Patsy A. Bearden, NMFS, 907-586-7228.
SUPPLEMENTARY INFORMATION:
Background
In March 1995, President Clinton issued a directive to Federal
agencies regarding their responsibilities under his Regulatory Reform
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 final rule is
intended to carry out the President's directive with respect to those
regulations implementing the Alaska fishery management plans (FMPs).
Domestic groundfish fisheries in the Exclusive Economic Zone (EEZ)
of the Gulf of Alaska (GOA) and the Bering Sea/Aleutian Islands
Management Area (BSAI) are managed by NMFS under the Fishery Management
Plan for Groundfish of the Gulf of Alaska, which is implemented by
regulations at 50 CFR part 672, and the Fishery Management Plan for the
Groundfish Fishery of the Bering Sea and Aleutian Islands Area, which
is implemented by regulations at 50 CFR part 675. The commercial
harvest of king and Tanner crabs is managed under the Fishery
Management Plan for the Commercial King and Tanner Crab Fisheries in
the Bering Sea and Aleutian Islands Area, which is implemented through
regulations at 50 CFR part 671. NMFS manages the commercial harvest of
scallops under the Fishery Management Plan for the Scallop Fishery off
Alaska, which is implemented through Federal regulations at 50 CFR part
673. Other Federal regulations that affect the Alaska groundfish and
crab fisheries are set out in 50 CFR parts 676 and 677. General
regulations that also pertain to these fisheries appear in subpart H of
50 CFR part 600. The FMPs were prepared by the North Pacific Fishery
Management Council under the authority of the Magnuson Fishery
Conservation and Management Act.
Consolidation of regulations related to the domestic fisheries in
the EEZ off Alaska into one CFR part (50 CFR part 679). Currently,
regulations implementing the FMPs for domestic groundfish and scallop
fisheries, and the commercial king and Tanner crab fisheries in the
BSAI area are contained in six separate parts of title 50 of the CFR,
in addition to general provisions for foreign fisheries contained in
part 600. NMFS, through this rulemaking, removes the six parts (50 CFR
parts 671, 672, 673, 675, 676, and 677) and consolidates the
regulations contained therein into one new part (50 CFR part 679). This
consolidated regulation provides the public with a single reference
source for the Federal fisheries regulations specific to the EEZ off
Alaska. The restructuring of the six parts into a single part results
in one set of regulations that is more concise, clearer, and easier to
use than the six separate parts. The consolidation and restructuring of
the general fisheries regulations at 50 CFR part 620 into part 600 is
done in a separate rulemaking action; many provisions in these general
fisheries regulations apply to the fisheries in the EEZ off Alaska.
Reorganization of management measures within the consolidated
regulations and elimination of obsolete or duplicative provisions. In
new part 679, NMFS has reorganized the consolidated management measures
in a more logical and cohesive order. Because portions of the existing
regulations contain identical or nearly identical provisions, similar
measures have been combined and restructured. For example, certain GOA
and BSAI groundfish management measures for gear requirements and
restrictions, fishing seasons, and inseason adjustments previously
contained in 50 CFR parts 672 and 675 have been combined and
reorganized within subpart B of part 679. Paragraph headings have been
added for ease in identifying measures, and regulatory language has
been revised to improve clarity and consistency.
As a result of the consolidation effort, NMFS also identified
duplicative and obsolete provisions and removed those measures from the
regulations. The terms ``joint venture processing (JVP)'' and ``total
allowable level of foreign fishing (TALFF)'' are removed from the
regulations, since all fishing in the EEZ off Alaska is done by the
domestic fishing fleet. Where time was referenced as 2359 hours, a
change was made to 2400 hours for more accuracy. Text referring to the
BSAI Winter Halibut Savings Area was removed, since it no longer is
used as a management measure. No substantive changes were made to the
regulations by this reorganization, or by the removal of duplicative
and obsolete provisions.
Revisions to PRA references in 15 CFR 902.1(b). Section
3507(c)(B)(i) of the PRA requires that agencies inventory and display a
current control number assigned by the Director, Office of Management
and Budget (OMB), for each agency information collection. Section
902.1(b) identifies the location of NOAA regulations for which OMB
approval numbers have been issued. Because this final rule recodifies
many recordkeeping and reporting requirements, 15 CFR 902.1(b) is
revised to reference correctly the new sections resulting from the
consolidation.
Under NOAA Organization Handbook, Transmital #34, dated May 31,
1993, the Under Secretary for
[[Page 31229]]
Oceans and Atmosphere has delegated to the Assistant Administrator for
Fisheries, NOAA, the authority to sign material for publication in the
Federal Register.
Classification
This action has been determined to be not significant for purposes
of E.O. 12866.
Because this rule makes only nonsubstantive changes to existing
regulations originally issued after prior notice and an opportunity for
public comment, the Assistant Administrator for Fisheries, NOAA, under
5 U.S.C. 553(b)(B), for good cause finds that providing such procedures
for this rulemaking is unnecessary. Because this rule is not
substantive, it is not subject to a 30-day delay in effective date
under 5 U.S.C. 553(d).
Notwithstanding any other provision of law, no person is required
to respond to nor shall a person be subject to a penalty for failure to
comply with a collection of information subject to the requirements of
the PRA unless that collection of information displays a currently
valid OMB control number.
This rule contains collection-of-information requirements subject
to the PRA. The following collections of information have already been
approved by OMB:
(a) Approved under 0648-0206--Alaska permits: (1) Permit
application for Federal fisheries permit estimated at 0.33 hour per
response, (2) permit application for high seas power trollers in salmon
fishery (currently proposed for withdrawal) estimated at 0.50 hour per
response, and (3) permit application for experimental fishing estimated
at 30 hours per response.
(b) Approved under 0648-0213--Alaska Region Logbook Family of
Forms: (1) Buying Station Daily Cumulative Logbook (DCL) estimated at
0.42 hour per response, (2) Buying Station Check-in/Check-out Report
estimated at 0.10 hour per response, (3) Daily Cumulative Production
Logbook (DCPL) estimated at 0.45 hour per response, (4) Daily Fishing
Logbook (DFL) estimated at 0.25 hour per response, (5) Weekly
Production Report (WPR) estimated at 0.30 hour per response, (6) Daily
Production Report (DPR) estimated at 0.17 hour per response, (7)
Product Transfer Reports estimated at 0.18 hour per response, (8)
Processor Check-in/Check-out Reports estimated at 0.13 hour per
response, (9) U.S. Vessel Activity Report (VAR) estimated at 0.25 hour
per response, and (10) Alaska Commercial Operator's Annual Report
(ACOAR) estimated at 6 hours per response.
(c) Approved under 0648-0269--Western Alaska Community Development
Quota (CDQ) Program: (1) Community Development Plan (CDP) application
estimated at 160 hours per response, (2) annual report estimated at 40
hours for each annual report, (3) each final report estimated at 40
hours, (4) each substantial amendment to a pollock fishery CDP
estimated at 30 hours, and technical amendments estimated at 4 hours,
(5) each amendment to a sablefish/halibut fishery CDP estimated at 10
hours, (6) appeal of a Quota Share (QS) application for the sablefish/
halibut CDQ program estimated at 4 hours, (7) annual reconciliation
budget report for pollock estimated at 40 hours, (8) for the pollock
CDQ fishery, reporting requirements also include catch messages
estimated at 5 minutes per response, scale printout retention estimated
at 8 minutes per response, bin certification estimated at 8 hours per
response, and notifications of CDQ landings estimated at 2 minutes per
response, and (9) for the sablefish/halibut CDQ fishery, reporting
requirements include changes to the list of CDQ cardholders estimated
at 0.5 hour per response, changes to sablefish/halibut CDP's list of
vessels estimated at 1 hour per response, and replacement of CDQ
permits and cards estimated at 0.5 hour per response.
(d) Approved under 0648-0272--IFQ Program: (1) Estimated response
time during the 2-year implementation period is expected to be 5.5
hours for the QS application, (2) 4 hours to file an appeal on a QS
application, (3) 2 hours for an IFQ crew member eligibility
application, (4) estimated response time during each year after the
implementation period is 1 hour for notification of inheritance of QS,
(5) 2 hours for the application for transfer or lease of QS/IFQ, (6) 2
hours for the corporate/ partnership or other entity transfer
application, (7) 0.5 hour for the registered buyer application, (8) 0.5
hour per request for application for additional card, (9) 0.2 hour for
prior notice of landing, (10) 0.1 hour for permission to land IFQs at
any time other than 0600-1800 hours, (11) 0.1 hour for the vessel
clearance application, (12) 0.2 hour for the IFQ landing report, (13)
0.1 hour for a transshipment notice, (14) 0.2 hour for the shipment or
transfer report, and (15) application for transfer of IFQ estimated at
2 hours per response.
(e) Approved under 0648-0280--North Pacific Fisheries Research Plan
(Research Plan): (1) 0.5 hour per response for completing the
semiannual FPP-1, (2) 0.25 hour per response for notifying contractors
of needs for observers, (3) 1.0 hour per response to provide
information to document claims of disputed bills, and (4) 0.16 hour per
response for the first year of the Research Plan for completion of FPP-
2 by observer contractors for payment of observer coverage by processor
vessels and shoreside processing facilities.
(f) Approved under 0648-0282--Alaska Groundfish and Crab Vessel
Moratorium Program: (1) Federal groundfish and BSAI crab permit
application estimated at 0.33 hour per response, (2) application for
transfer of moratorium permit estimated at 0.5 hour per response, (3)
reconstruction reporting requirement estimated at 0.5 hour per
response, (4) transfer of lost or destroyed vessel moratorium
qualification reporting requirement estimated at 0.5 hour per response,
(5) salvage of lost or destroyed vessel reporting requirement estimated
at 0.5 hour per response, (6) halibut supplementary information
reporting requirement estimated at 0.5 hour per response, and (7) time
to file an appeal estimated at 0.5 hour per appeal.
(g) Approved under 0648-0305--Estimated response time for
identification of longline marker buoys is 0.25 hour per buoy.
(h) Approved under 0648-0307--Net-sounder device required for
pelagic trawl gear when trawling in waters of the EEZ in the vicinity
around Kodiak Island: Estimated time to snap-on device and to remove
device each time it is used is 5 minutes (10 minutes per tow). North
Pacific Fisheries Research Plan electronic transmission of observer
data: Estimated time for installation of equipment varies with type of
Inmarsat Communication Unit being installed on board the vessel. For
Standard A unit, installation is estimated at 9 hours per vessel. For
Standard C units, installation is estimated at 13 hours per vessel.
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
15 CFR Part 902
Reporting and Recordkeeping Requirements.
50 CFR Part 671
Fisheries, Fishing, Reporting and recordkeeping requirements.
[[Page 31230]]
50 CFR Parts 672, 675, 677, and 679
Fisheries, Reporting and recordkeeping requirements.
50 CFR Part 673
Fisheries.
50 CFR Part 676
Alaska, Fisheries, Reporting and recordkeeping requirements.
Dated: June 4, 1996.
Gary Matlock,
Program Management Officer, National Marine Fisheries Service.
For the reasons set out in the preamble, 15 CFR chapter IX and,
under the authority of 16 U.S.C. 773 et seq. and 16 U.S.C. 1801 et
seq., 50 CFR chapter VI are amended as follows:
15 CFR CHAPTER IX
PART 902--NOAA INFORMATION COLLECTION REQUIREMENTS UNDER THE
PAPERWORK REDUCTION ACT: OMB CONTROL NUMBERS
1. The authority citation for part 902 continues to read as
follows:
Authority: 44 U.S.C. 3501 et seq.
2. In Sec. 902.1, paragraph (b), the table is amended by removing
in the left column under 50 CFR, the entries ``672.4'', ``672.5'',
``672.6'', ``672.24'', ``674.4'', ``675.4'', ``675.5'', ``675.6'',
``675.24'', ``675.27'', ``676.3'', ``676.4'', ``676.5'', ``676.13'',
``676.14'', ``676.17'', ``676.20'', ``676.21'', ``676.25'', ``677.4'',
``677.6'', and ``677.10'' and by removing in the right column the
control numbers in corresponding positions; and by adding, in numerical
order, the following entries to read as follows:
Sec. 902.1 OMB control numbers assigned pursuant to the Paperwork
Reduction Act
* * * * *
(b) * * *
------------------------------------------------------------------------
CFR part or section where the
information collection requirement is Current OMB control number (all
located numbers begin with 0648-)
------------------------------------------------------------------------
* * * * *
50 CFR:
* * * * *
679.4................................ 0206, 0272, 0280, and 0282
679.5................................ 0213, 0272
679.6................................ 0206
679.24............................... 0305, 0307
679.30............................... 0269
679.32............................... 0269
679.33............................... 0269
679.34............................... 0269
679.40............................... 0213, 0272
679.41............................... 0272
679.42............................... 0272
679.43............................... 0272, 0282
679.50............................... 0280
679.51............................... 0280, 0307
679.52............................... 0280, 0307
------------------------------------------------------------------------
* * * * *
3. Parts 671, 672, 673, 675, 676, and 677 [Removed]
3. Parts 671, 672, 673, 675, 676, and 677 are removed.
4. Part 679 is added to read as follows:
PART 679--FISHERIES OF THE EXCLUSIVE ECONOMIC ZONE OFF ALASKA
Subpart A--General
Sec.
679.1 Purpose and scope.
679.2 Definitions.
679.3 Relation to other laws.
679.4 Permits.
679.5 Recordkeeping and reporting.
679.6 Experimental fisheries.
679.7 Prohibitions.
679.8 Facilitation of enforcement.
679.9 Penalties.
Subpart B--Management Measures
679.20 General limitations.
679.21 Prohibited species bycatch management.
679.22 Closures.
679.23 Seasons.
679.24 Gear limitations.
679.25 Inseason adjustments.
Subpart C--Western Alaska Community Development Quota Program
679.30 General CDQ regulations.
679.31 CDQ reserve.
679.32 Estimation of total pollock harvest in the CDQ fisheries
(applicable through December 31, 1998).
679.33 Halibut and sablefish CDQ.
679.34 CDQ halibut and sablefish determinations and appeals.
Subpart D--Individual Fishing Quota Management Measures
679.40 Sablefish and halibut QS.
679.41 Transfer of QS and IFQ.
679.42 Limitations on use of QS and IFQ.
679.43 Determinations and appeals.
679.44 Penalties.
Subpart E--Observer Requirements/North Pacific Fisheries Research Plan
679.50 Research Plan fee.
679.51 General observer requirements (applicable through December
31, 1996).
679.52 Observer coverage requirements for Research Plan fisheries
(applicable after December 31, 1996).
679.53 Annual Research Plan specifications.
679.54 Compliance.
Subpart F--Scallop Fishery off Alaska
679.60 Prohibitions.
Figures--Part 679
Figure 1--BSAI Statistical and Reporting Areas
Figure 2--BSAI Catcher Vessel Operational Area
Figure 3--Gulf of Alaska Statistical and Reporting Areas
Figure 4--Herring Savings Areas in the BSAI
Figure 5--Kodiak Island Areas Closed to Nonpelagic Trawl Gear
Figure 6--Length Overall of a Vessel
Figure 7--Location of Trawl Gear Test Areas in the GOA and the BSAI
Tables--Part 679
Table 1--Product Codes
Table 2--Species Codes
Table 3--Product Recovery Rates for Groundfish Species
Table 4--Bering Sea Subarea Steller Sea Lion Protection Areas
Table 5--Aleutian Islands Subarea Steller Sea Lion Protection Areas
Table 6--Gulf of Alaska Steller Sea Lion Protection Areas
Table 7--Communities Determined to be Eligible to Apply for
Community Development Quotas
Table 8--Harvest Zone Codes for Use with Product Transfer Reports
and Vessel Activity Reports
Table 9--Required Logbooks, Reports, and Forms from Participants in
the Federal Groundfish Fisheries
Table 10--Gulf of Alaska Retainable Percentages
Table 11--Bering Sea and Aleutian Islands Management Area Retainable
Percentages
Authority: 16 U.S.C. 773 et seq., 1801 et seq.
Subpart A--General
Sec. 679.1 Purpose and scope.
Regulations in this part were developed by the Council under the
Magnuson Act. Along with part 600 of this chapter, these regulations
implement the following:
(a) Fishery Management Plan for Groundfish of the Gulf of Alaska.
(1) Regulations in this part govern commercial fishing for groundfish
in the GOA by vessels of the United States (see subparts A, B, D, and E
of this part).
(2) The following State of Alaska regulations are not preempted by
this part for vessels regulated under this part fishing for demersal
shelf rockfish in the Southeast Outside District, and which are
registered under the laws of the State of Alaska: 5 AAC 28.110, fishing
seasons; 5 AAC 28.130, gear; 5 AAC 28.160, harvest guidelines; 5 AAC
28.190, harvest of bait by commercial permit holders.
(b) Fishery Management Plan for the Groundfish Fishery of the
Bering Sea and Aleutian Islands Area. Regulations in this part govern
commercial fishing for groundfish in the BSAI by vessels of
[[Page 31231]]
the United States (see subparts A, B, C, D, and E of this part).
(c) Moratorium on entry (applicable through December 31, 1998).
Regulations in this part govern a moratorium on the entry of new
vessels in the commercial fisheries for groundfish in the GOA and BSAI
and in the commercial fisheries for king and Tanner crabs in the BSAI
(see subparts A and D of this part).
(d) IFQ Program for sablefish and halibut. The IFQ management plan
for the commercial fisheries that use fixed gear to harvest sablefish
and halibut (see subparts A, B, D, and E of this part).
(1) Sablefish. (i) Regulations in this part govern commercial
fishing for sablefish by vessels of the United States:
(A) Using fixed gear within that portion of the GOA and the BSAI
over which the United States exercises exclusive fishery management
authority; and
(B) Using fixed gear in waters of the State of Alaska adjacent to
the BSAI and the GOA, provided that such fishing is conducted by
persons who have been issued permits under Sec. 679.4.
(ii) Regulations in this part do not govern commercial fishing for
sablefish in Prince William Sound or under a State of Alaska limited
entry program.
(2) Halibut. Regulations in this part govern commercial fishing for
halibut by vessels of the United States using fixed gear, as that term
is described in 16 U.S.C. 773(d), in and off of Alaska.
(e) Western Alaska CDQ Program. The goals and purpose of the CDQ
program are to allocate CDQ to eligible Western Alaska communities to
provide the means for starting or supporting commercial seafood
activities that will result in ongoing, regionally based, commercial
seafood or related businesses (see subparts A, B, C, and E of this
part).
(f) Observer requirements/Research Plan. Regulations in this part
govern elements of the Research Plan for the following fisheries under
the Council's authority: BSAI groundfish, GOA groundfish, BSAI king and
Tanner crab in the EEZ; and halibut from Convention waters off Alaska
(see subpart E of this part).
(g) Fishery Management Plan for the Commercial King and Tanner Crab
Fisheries in the BSAI. Regulations in this part govern commercial
fishing for king and Tanner crab in the BSAI by vessels of the United
States, including regulations superseding State of Alaska regulations
applicable to the commercial king and Tanner crab fisheries in the BSAI
EEZ that are determined to be inconsistent with the FMP (see subparts
A, B, and E of this part).
(h) Scallops. Regulations in this part implement Federal authority
under the Magnuson Act to manage the scallop fishery in the EEZ off
Alaska and to govern commercial fishing for scallops in the EEZ off
Alaska (see subpart F of this part).
Sec. 679.2 Definitions.
In addition to the definitions in the Magnuson Act and in part 600
of this chapter, the terms used in this part have the following
meanings:
Active/inactive periods--(1) Active periods--(i) Catcher vessel. An
active period for a catcher vessel means a period of time when the
catcher vessel is in a reporting area (except 300, 400, 550, or 690) or
gear remains on the grounds in a reporting area (except 300, 400, 550,
or 690), regardless of the vessel location.
(ii) Shoreside processor, mothership, catcher/processor, and buying
station. An active period for a shoreside processor, mothership,
catcher/processor, and buying station means a period of time when
checked in.
(2) Inactive periods--(i) Catcher vessel. An inactive period for a
catcher vessel means any period that does not qualify as an active
period.
(ii) Shoreside processor, mothership, catcher/processor, or buying
station. An inactive period for a shoreside processor, mothership,
catcher/processor, or buying station means a period of time when not
checked in.
ADF&G means the State of Alaska Department of Fish and Game.
Alaska local time (A.l.t.) means the current Alaska time, either
daylight savings time or standard time.
Alaska State waters means waters adjacent to the State of Alaska
and shoreward of the EEZ off Alaska.
Aleutian Islands Subarea (AI) of the BSAI means that portion of the
EEZ contained in Statistical Areas 541, 542, and 543 (see Figure 1 of
this part).
Authorized fishing gear means fixed gear, hook-and-line, jig,
longline, longline pot, nonpelagic trawl, nontrawl, pelagic trawl, pot-
and-line, and trawl; defined as follows:
(1) Fixed gear means:
(i) For sablefish harvested from any GOA reporting area, all hook-
and-line gear and, for purposes of determining initial IFQ allocation,
all pot gear used to make a legal landing.
(ii) For sablefish harvested from any BSAI reporting area, all
hook-and-line gear and all pot gear.
(iii) For halibut harvested from any IFQ regulatory area, all
fishing gear comprised of lines with hooks attached, including one or
more stationary, buoyed, and anchored lines with hooks attached.
(2) Hook-and-line means a stationary, buoyed, and anchored line
with hooks attached, or the taking of fish by means of such a device.
(3) Jig means a single, non-buoyed, non-anchored line with hooks
attached, or the taking of fish by means of such a device.
(4) Longline means a stationary, buoyed, and anchored line with
hooks or two or more groundfish pots attached, or the taking of fish by
means of such a device.
(5) Longline pot means a stationary, buoyed, and anchored line with
two or more pots attached, or the taking of fish by means of such a
device.
(6) Nonpelagic trawl means a trawl other than a pelagic trawl.
(7) Nontrawl means hook-and-line, jig, longline, and pot-and-line
gear.
(8) Pelagic trawl means a trawl that:
(i) Has no discs, bobbins, or rollers;
(ii) Has no chafe protection gear attached to the footrope or
fishing line;
(iii) Except for the small mesh allowed under paragraph (8)(ix) of
this definition:
(A) Has no mesh tied to the fishing line, headrope, and breast
lines with less than 20 inches (50.8 cm) between knots and has no
stretched mesh size of less than 60 inches (152.4 cm) aft from all
points on the fishing line, headrope, and breast lines and extending
past the fishing circle for a distance equal to or greater than one
half the vessel's LOA; or
(B) Has no parallel lines spaced closer than 64 inches (162.6 cm)
from all points on the fishing line, headrope, and breast lines and
extending aft to a section of mesh, with no stretched mesh size of less
than 60 inches (152.4 cm) extending aft for a distance equal to or
greater than one half the vessel's LOA;
(iv) Has no stretched mesh size less than 15 inches (38.1 cm) aft
of the mesh described in paragraph (8)(iii) of this definition for a
distance equal to or greater than one half the vessel's LOA;
(v) Contains no configuration intended to reduce the stretched mesh
sizes described in paragraphs (8)(iii) and (iv) of this definition;
(vi) Has no flotation other than floats capable of providing up to
200 lb (90.7 kg) of buoyancy to accommodate the use of a net-sounder
device;
(vii) Has no more than one fishing line and one footrope for a
total of no more than two weighted lines on the bottom of the trawl
between the wing tip and the fishing circle;
(viii) Has no metallic component except for connectors (e.g.,
[[Page 31232]]
hammerlocks or swivels) or a net-sounder device aft of the fishing
circle and forward of any mesh greater than 5.5 inches (14.0 cm)
stretched measure;
(ix) May have small mesh within 32 ft (9.8 m) of the center of the
headrope as needed for attaching instrumentation (e.g., net-sounder
device); and
(x) May have weights on the wing tips.
(9) Pot-and-line means a stationary, buoyed line with a single pot
attached, or the taking of fish by means of such a device.
(10) Trawl has the meaning specified in Sec. 600.10 of this
chapter. For purposes of this part, this definition includes, but is
not limited to, Danish seines and otter trawls.
Basis species means any species or species group that is open to
directed fishing that the vessel is authorized to harvest.
Bering Sea and Aleutian Islands Management Area (BSAI) means the
Bering Sea and Aleutian Islands subareas (see Figure 1 of this part).
Bering Sea Subarea of the BSAI means that portion of the EEZ
contained in Statistical Areas 508, 509, 512, 513, 514, 516, 517, 518,
519, 521, 523, 524, and 530 (see Figure 1 of this part).
Bimonthly refers to a time period equal to 2 calendar months. For
purposes of the Research Plan, six consecutive bimonthly periods are
established each year, as follows: January 1--February 29; March 1--
April 30; May 1--June 30; July 1--August 31; September 1--October 31;
and November 1--December 31.
Bogoslof District means that part of the Bering Sea Subarea
contained in Statistical Area 518 (see Figure 1 of this part).
Breast line means the rope or wire running along the forward edges
of the side panels of a net, or along the forward edge of the side rope
in a rope trawl.
Buying station means:
(1) With respect to groundfish recordkeeping and reporting, a
person or vessel that receives unprocessed groundfish from a vessel for
delivery at a different location to a shoreside processor or mothership
and that does not process those fish.
(2) With respect to Research Plan, a person or vessel that receives
unprocessed fish from a vessel for delivery to a shoreside processor or
mothership and that does not process those fish.
Bycatch Limitation Zone 1 (Zone 1) means that part of the Bering
Sea Subarea that is contained within the boundaries of Statistical
Areas 508, 509, 512, and 516 (see Figure 1 of this part).
Bycatch Limitation Zone 2 (Zone 2) means that part of the Bering
Sea Subarea that is contained within the boundaries of Statistical
Areas 513, 517, and 521 (see Figure 1 of this part).
Bycatch rate means:
(1) For purposes of Sec. 679.21(f) with respect to halibut, means
the ratio of the total round weight of halibut, in kilograms, to the
total round weight, in metric tons, of groundfish for which a TAC has
been specified under Sec. 679.20 while participating in any of the
fisheries defined under Sec. 679.21(f).
(2) For purposes of Sec. 679.21(f) with respect to red king crab,
means the ratio of number of red king crab to the total round weight,
in metric tons, of BSAI groundfish for which a TAC has been specified
under Sec. 679.20 while participating in the BSAI yellowfin sole and
BSAI ``other trawl'' fisheries, as defined under Sec. 679.21(f).
Bycatch species means any species or species group for which a
maximum retainable bycatch amount is calculated.
Catcher/processor means:
(1) With respect to groundfish recordkeeping and reporting, a
vessel that is used for catching fish and processing that fish.
(2) (Applicable through December 31, 1998). With respect to
moratorium groundfish or crab species, a vessel that can be used as a
catcher vessel and that can process or prepare fish to render it
suitable for human consumption, industrial use, or long-term storage,
including, but not limited to, cooking, canning, smoking, salting,
drying, freezing, and rendering into meal or oil, but not including
heading and gutting unless additional preparation is done.
(3) With respect to Research Plan fisheries, a processor vessel
that is used for, or equipped to be used for, catching fish and
processing that fish.
Catcher vessel means:
(1) With respect to groundfish recordkeeping and reporting, a
vessel that is used for catching fish and that does not process on
board.
(2) (Applicable through December 31, 1998). With respect to
moratorium groundfish, as defined in paragraph (1) of this definition;
with respect to moratorium crab species, a vessel that is used to
catch, take, or harvest moratorium crab species that are retained on
board as fresh fish product at any time.
(3) With respect to IFQ species, a vessel that is used to catch,
take, or harvest fish that are subsequently iced, headed, gutted, bled,
or otherwise retained as fresh fish product on board during any fishing
year, except when the freezer vessel definition applies during any
fishing trip.
(4) With respect to the Research Plan, a vessel that is used for
catching fish and processing that fish.
Catcher Vessel Operational Area (CVOA) (see Figure 2 of this part
and Sec. 679.22(a)(5)).
Central Aleutian District means that part of the Aleutian Islands
Subarea contained in Statistical Area 542 (see Figure 1 of this part).
Chief, RAM Division means Chief of the Restricted Access Management
Division, NMFS, Alaska Region.
Chinook Salmon Savings Area of the BSAI (see
Sec. 679.21(e)(7)(vii)(B)).
Chum Salmon Savings Area of the BSAI CVOA (see
Sec. 679.21(e)(7)(vi)(B)).
Clearing officer means a NMFS special agent, a NMFS fishery
enforcement officer, or a NMFS enforcement aide who performs the
function of clearing vessels at one of the primary ports listed in
Sec. 679.5(l)(3)(viii).
Commissioner of ADF&G means the principal executive officer of
ADF&G.
Community Development Plan (CDP)(applicable through December 31,
1998) means a business plan for the development of a specific Western
Alaska community or group of communities under the CDQ Program at
Sec. 679.30.
Community Development Quota (CDQ) (applicable through December 31,
1998) means a percentage of the CDQ reserve for a particular fish
species that is allocated to a CDP.
Community Development Quota Program (CDQ Program) (applicable
through December 31, 1998) means the Western Alaska Community
Development Quota Program implemented under subpart C of this part.
Community Development Quota Reserve (CDQ Reserve) (applicable
through December 31, 1998) means a percentage of the TAC for a
particular management area for pollock, halibut, or hook-and-line
sablefish that has been set aside for purposes of the CDQ program.
Council means North Pacific Fishery Management Council.
Daily reporting period or day is the period from 0001 hours,
A.l.t., until the following 2400 hours, A.l.t.
Directed fishing means:
(1) With respect to groundfish recordkeeping and reporting, any
fishing activity that results in the retention of an amount of a
species or species group on board a vessel that is greater than the
maximum retainable bycatch amount for that species or species group as
calculated under Sec. 679.20.
(2) (Applicable through December 31, 1998). With respect to
moratorium groundfish species, directed fishing as
[[Page 31233]]
defined in paragraph (1) of this definition, or, with respect to
moratorium crab species, the catching and retaining of any moratorium
crab species.
Dockside sale means the transfer of IFQ halibut or IFQ sablefish
from the person who harvested it to individuals for personal
consumption, and not for resale.
Donut Hole means the international waters of the Bering Sea outside
the limits of the EEZ and Russian economic zone as depicted on the
current edition of NOAA chart INT 813 Bering Sea (Southern Part).
Eastern Aleutian District means that part of the Aleutian Islands
Subarea contained in Statistical Area 541 (see Figure 1 of this part).
Exvessel price means the price in dollars received by a harvester
for fish from Research Plan fisheries. Exvessel price excludes any
value added by processing.
Federal waters means waters within the EEZ off Alaska.
Fee percentage means the annually calculated assessment rate, in
percent of exvessel value of Research Plan fisheries, used to determine
fee assessments under the Research Plan.
Fish product weight means the weight of the fish product in pounds
or to at least the nearest hundredth of a metric ton (0.01 mt). Fish
product weight is based upon the number of production units and the
weight of those units. Production units include pans, cartons, blocks,
trays, cans, bags, and individual fresh or frozen fish. The weight of a
production unit is the average weight of representative samples of the
product, and may include additives, but not packaging. Any allowance
for water added cannot exceed 5 percent of the gross product weight
(fish, additives, and water).
Fishermen means persons who catch, take, or harvest fish.
Fishing circle means the circumference of a trawl intersecting the
center point on a fishing line, and that is perpendicular to the long
axis of a trawl.
Fishing day means a 24-hour period, from 0001 hours, A.l.t.,
through 2400 hours, A.l.t., in which fishing gear is retrieved and
groundfish, halibut, or king or Tanner crab are retained. Days during
which a vessel only delivers unsorted codends to a processor are not
fishing days.
Fishing line means a length of chain or wire rope in the bottom
front end of a trawl to which the webbing or lead ropes are attached.
Fishing month refers to a time period calculated on the basis of
weekly reporting periods as follows: Each fishing month begins on the
first day of the first weekly reporting period that has at least 4 days
in the associated calendar month and ends on the last day of the last
weekly reporting period that has at least 4 days in that same calendar
month. Dates of each fishing month will be announced in the Federal
Register published under Sec. 679.21(f)(5).
Fishing trip means:
(1) With respect to groundfish directed fishing standards, an
operator of a vessel is engaged in a fishing trip from the time the
harvesting, receiving, or processing of groundfish is begun or resumed
until:
(i) The offload or transfer of all groundfish or groundfish product
from that vessel;
(ii) The vessel enters or leaves an area to which a directed
fishing prohibition applies; or
(iii) The end of a weekly reporting period, whichever comes first.
(2) With respect to the IFQ Program, the period beginning when a
vessel operator commences harvesting IFQ species and ending when the
vessel operator lands any species.
(3) With respect to the Research Plan, one of the following:
(i) For a vessel used to process groundfish or a catcher vessel
used to deliver groundfish to a mothership, a weekly reporting period
during which one or more fishing days occur.
(ii) For a catcher vessel used to deliver fish to other than a
mothership, the time period during which one or more fishing days
occur, that starts on the day when fishing gear is first deployed and
ends on the day the vessel offloads groundfish, halibut, or king or
Tanner crab; returns to an Alaskan port; or leaves the EEZ off Alaska
and adjacent waters of the State of Alaska.
Fishing year means 0001 hours, A.l.t., on January 1, through 2400
hours, A.l.t., on December 31 (see Sec. 679.23).
Footrope means a chain or wire rope attached to the bottom front
end of a trawl and attached to the fishing line.
Freezer vessel means any vessel that is used to process some or all
of its catch during any fishing trip.
Gear deployment means:
(1) For trawl gear: Where the trawl gear reaches the fishing level
and begins to fish.
(2) For jig/troll, hook-and-line, or longline gear: Where the gear
enters the water.
(3) For pot-and-line gear: Where the first pot enters the water.
Gear retrieval means:
(1) For trawl gear: Where retrieval of trawl cable commences.
(2) For jig/troll gear: Where the jig/troll gear leaves the water.
(3) For hook-and-line or longline pot gear: Where the last hook-
and-line or longline pot gear of a set leaves the water, regardless of
where the majority of the haul or set took place.
(4) For pot-and-line gear: Where the last pot of a set leaves the
water.
Governor means the Governor of the State of Alaska.
Groundfish means target species and the ``other species'' category,
specified annually pursuant to Sec. 679.20(a)(2).
Gulf of Alaska (GOA) means that portion of the EEZ contained in
Statistical Areas 610, 620, 630, 640, and 650 (see Figure 3 of this
part).
Halibut means Pacific halibut (Hippoglossus stenolepis).
Halibut CDQ reserve means the amount of the halibut catch limit for
IPHC regulatory areas 4B, 4C, 4D, and 4E that is reserved for the
halibut CDQ program (see Sec. 679.31(b)).
Harvesting or to harvest means the catching and retaining of any
fish.
Headrope means a rope bordering the top front end of a trawl.
Herring Savings Area means any of three areas in the BSAI presented
in Figure 4 (see also Sec. 679.21(e)(7)(v) for additional closure
information).
Individual means a natural person who is not a corporation,
partnership, association, or other such entity.
Individual fishing quota (IFQ) means the annual catch limit of
sablefish or halibut that may be harvested by a person who is lawfully
allocated a harvest privilege for a specific portion of the TAC of
sablefish or halibut.
IFQ crew member means any individual who has at least 150 days
experience working as part of the harvesting crew in any U.S.
commercial fishery, or any individual who receives an initial
allocation of QS. For purposes of this definition, ``harvesting'' means
work that is directly related to the catching and retaining of fish.
Work in support of harvesting, but not directly involved with
harvesting, is not considered harvesting crew work. For example,
searching for fish, work on a fishing vessel only as an engineer or
cook, or work preparing a vessel for a fishing trip would not be
considered work of a harvesting crew.
IFQ halibut means any halibut that is harvested with fixed gear in
any IFQ regulatory area.
IFQ landing means the unloading or transferring of any IFQ halibut,
IFQ sablefish, or products thereof from the vessel that harvested such
fish.
IFQ regulatory area means:
(1) With respect to IFQ halibut, areas 2C, 3A, 3B, 4A, 4B, 4C, 4D,
or 4E as defined in part 301 of this title.
(2) With respect to IFQ sablefish, any of the three regulatory
areas in the GOA
[[Page 31234]]
and any subarea of the BSAI, and all waters of the State of Alaska
between the shore and the inshore boundary of such regulatory areas and
subareas, except waters of Prince William Sound and areas in which
sablefish fishing is managed under a State of Alaska limited entry
program.
IFQ sablefish means any sablefish that is harvested with fixed
gear, either in the EEZ off Alaska or in waters of the State of Alaska,
by persons holding an IFQ permit, but does not include sablefish
harvested in Prince William Sound or under a State of Alaska limited
entry program.
Inshore component (applicable through December 31, 1998) means the
following three categories of the U.S. groundfish fishery that process
pollock harvested in a directed fishery for pollock in the GOA or BSAI,
or Pacific cod harvested in a directed fishery for Pacific cod in the
GOA, or both:
(1) Shoreside processing operations.
(2) Vessels less than 125 ft (38.1 m) in LOA, that process no more
than 126 mt per week in round-weight equivalents of an aggregate amount
of those fish.
(3) Vessels that process those fish at a single geographic location
in Alaska State waters during a fishing year. For the purposes of this
definition, NMFS will determine the single geographic location in a
fishing year for an individual processor from the geographic
coordinates the vessel operator reports on the check-in report
(Sec. 679.5(h)) when that vessel first engages in processing those
fish.
IPHC means International Pacific Halibut Commission (see part 301
of this title).
King crab means red king crab (Paralithodes camtschatica), blue
king crab (P. platypus), brown (or golden) king crab (Lithodes
aequispina), and scarlet (or deep sea) king crab (Lithodes couesi).
Landing means offloading fish.
Legal landing (applicable through December 31, 1998) means any
amount of a moratorium species that was or is landed in compliance with
Federal and state commercial fishing regulations in effect at the time
of the landing.
Legal landing of halibut or sablefish (see Sec. 679.40(a)(3)(v)).
Length overall (LOA) of a vessel means the horizontal distance,
rounded to the nearest foot, between the foremost part of the stem and
the aftermost part of the stern, excluding bowsprits, rudders, outboard
motor brackets, and similar fittings or attachments (see Figure 6 of
this part; see also maximum LOA, original qualifying LOA, and
reconstruction).
Logbook means Daily Cumulative Production Logbook (DCPL), Daily
Cumulative Logbook (DCL), or a Daily Fishing Logbook (DFL) required by
Sec. 679.5.
Lost or destroyed vessel (applicable through December 31, 1998)
means a vessel that has sunk at sea or has been destroyed by fire or
other accident and has been reported to the USCG on USCG Form 2692,
Report of Marine Casualty.
Management area means any district, regulatory area, subpart, part,
or the entire GOA or BSAI.
Manager, with respect to any shoreside processor or buying station,
means the individual responsible for the operation of the shoreside
processor operation or buying station.
Maximum LOA (applicable through December 31, 1998), with respect to
a vessel's eligibility for a moratorium permit, means:
(1) Except for a vessel under reconstruction on June 24, 1992, if
the original qualifying LOA is less than 125 ft (38.1 m) LOA, 1.2 times
the original qualifying LOA or 125 ft (38.1 m), whichever is less.
(2) Except for a vessel under reconstruction on June 24, 1992, if
the original qualifying LOA is equal to or greater than 125 ft (38.1
m), the original qualifying LOA.
(3) For an original qualifying vessel under reconstruction on June
24, 1992, the LOA on the date reconstruction was completed, provided
that maximum LOA is certified under Sec. 679.4(c)(9).
Moratorium crab species (applicable through December 31, 1998)
means species of king or Tanner crabs harvested in the BSAI, the
commercial fishing for which is governed by this part.
Moratorium groundfish species (applicable through December 31,
1998) means species of groundfish, except sablefish caught with fixed
gear, harvested in the GOA or in the BSAI, the commercial fishing for
which is governed by this part.
Moratorium qualification (applicable through December 31, 1998)
means a transferable prerequisite for a moratorium permit.
Moratorium species (applicable through December 31, 1998) means any
moratorium crab species or moratorium groundfish species.
Mothership means:
(1) A vessel that receives and processes groundfish from other
vessels; or
(2) With respect to the Research Plan, a processor vessel that
receives and processes fish from other vessels and is not used for, or
equipped to be used for, catching fish.
Net-sounder device means a sensor used to determine the depth from
the water surface at which a fishing net is operating.
Non-allocated or nonspecified species means those fish species,
other than prohibited species, for which TAC has not been specified
(e.g., grenadier, prowfish, lingcod).
Observed or observed data refers to data collected by observers who
are certified under the NMFS Observer Program (see Sec. 679.21(f)(7)
and subpart E of this part).
Observer means any person certified under the NMFS Observer Program
(see subpart E of this part).
Offshore component (applicable through December 31, 1998) means all
vessels not included in the definition of ``inshore component'' that
process pollock caught in directed fisheries for pollock in the GOA or
BSAI, or Pacific cod caught in directed fisheries for Pacific cod in
the GOA, or both.
Optimum yield (OY) (see Sec. 679.20(a)(1)).
Original qualifying LOA (applicable through December 31, 1998)
means the LOA of the original moratorium qualifying vessel on June 24,
1992.
Original qualifying vessel (applicable through December 31, 1998)
means a vessel that made a legal landing during the moratorium
qualifying period.
Other species is a category that consists of groundfish species in
each management area that are not specified as target species (see
Table 1 of the specifications provided at Sec. 679.20(c)).
Person means:
(1) (Applicable through December 31, 1998). For purposes of the
moratorium, any individual who is a citizen of the United States or any
U.S. corporation, partnership, association, or other entity (or their
successor in interest), whether or not organized or existing under the
laws of any state.
(2) For purposes of IFQ species, any individual who is a citizen of
the United States or any corporation, partnership, association, or
other entity (or their successor in interest), whether or not organized
or existing under the laws of any state, who is a U.S. citizen.
Pollock roe means product consisting of pollock eggs, either loose
or in sacs or skeins.
Processing, or to process, means the preparation of fish to render
it suitable for human consumption, industrial uses, or long-term
storage, including but not limited to cooking, canning, smoking,
salting, drying, freezing, or rendering into meal or oil, but does not
mean icing, bleeding, heading, or gutting.
[[Page 31235]]
Processor means, with respect to the Research Plan, any shoreside
processor or vessel that processes fish, any person who receives fish
from fishermen for commercial purposes, any fisherman who transfers
fish outside of the United States, and any fisherman who sells fish
directly to a restaurant or to an individual for use as bait or
personal consumption. Processor does not include a buying station or a
restaurant, or a person who receives fish from fishermen for personal
consumption or bait.
Processor vessel means, unless otherwise restricted, any vessel
that has been issued a Federal fisheries permit and that can be used
for processing groundfish.
Prohibited species catch (PSC) means any of the species listed in
Sec. 679.21(b).
PRR means standard product recovery rate (see Table 3 of this
part).
Qualified applicant (see Western Alaska CDQ Program,
Sec. 679.30(d)(6)).
Qualified person (see IFQ Management Measures, Sec. 679.40(a)(2)).
Qualifying period (applicable through December 31, 1998) means the
period to qualify for the moratorium from January 1, 1988, through
February 9, 1992.
Quarter, or quarterly reporting period, means one of four
successive 3-month periods, which begin at 0001 hours, A.l.t., on the
first day of each quarter, and end at 2400 hours, A.l.t., on the last
day of each quarter, as follows:
(1) 1st quarter: January 1 through March 31.
(2) 2nd quarter: April 1 through June 30.
(3) 3rd quarter: July 1 through September 30.
(4) 4th quarter: October 1 through December 31.
Quota share (QS) means a permit, the face amount of which is used
as a basis for the annual calculation of a person's IFQ.
Reconstruction (applicable through December 31, 1998) means a
change in the LOA of the vessel from its original qualifying LOA.
Regional Director, for purposes of this part, means the Director,
Alaska Region, NMFS, as defined at Sec. 600.10 of this chapter, or a
designee.
Regulatory area means any of three areas of the EEZ in the GOA (see
Figure 3 of this part).
Reporting area means any of the areas described in Figures 1 and 3
of this part.
Research Plan means the North Pacific Fisheries Research Plan
developed by the North Pacific Fishery Management Council under the
Magnuson Act.
Research Plan fisheries means the following fisheries: BSAI
groundfish, GOA groundfish, BSAI king and Tanner crab, and halibut from
convention waters off Alaska.
Resident fisherman (see Sec. 679.30(d)(7)).
Retained catch means the catch retained by a processor, in round
weight or round-weight equivalents, from Research Plan fisheries.
Round weight or round-weight equivalent, for purposes of this part,
means:
(1) For groundfish or halibut: The weight of fish calculated by
dividing the weight of the primary product made from that fish by the
standard PRR for that primary product as listed in Table 3 of this
part, or, if not listed, the weight of fish calculated by dividing the
weight of a primary product by the standard PRR as determined using the
best available evidence on a case-by-case basis.
(2) For BSAI crab processed by catcher/processors: The scale weight
of a subsample multiplied by the number of subsamples comprising the
retained catch.
(3) For BSAI crab processed by mothership or shoreside processors:
The scale weights of retained catches.
Sablefish (black cod) means Anoplopoma fimbria.
Sablefish CDQ reserve means 20 percent of the sablefish fixed gear
TAC for each subarea in the BSAI for which a sablefish TAC is specified
(see Sec. 679.31(c)).
Scallop(s) means any species of the family Pectinidae, including,
without limitation, weathervane scallops (Patinopectin caurinus).
Set means a string of pots or hook-and-line gear or a group of pots
that is deployed in a similar location with similar soak time.
Shoreside processor means:
(1) With respect to GOA and BSAI groundfish, any person or vessel
that receives unprocessed groundfish, except catcher/processors,
motherships, buying stations, restaurants, or persons receiving
groundfish for use as bait or personal consumption.
(2) With respect to the Research Plan, any person that receives
unprocessed fish, except catcher/processors, motherships, restaurants,
or persons receiving fish for use as bait or personal consumption.
Southeast Outside District of the GOA means that part of the
Eastern Regulatory Area contained in Statistical Area 650 (see Figure 3
of this part).
Standard exvessel price means the exvessel price for species
harvested in Research Plan fisheries, calculated annually by NMFS for
each species or species group, from exvessel price information for all
product forms, used in determining fee assessments.
Statistical area means the part of any reporting area defined in
Figures 1 and 3 of this part, contained in the EEZ.
Steller Sea Lion Protection Areas (see Tables 4, 5, and 6 of this
part and Secs. 679.22(a)(7), (a)(8), 679.22(b)(2), and 227.12 of this
title).
Stem means the forward part of a vessel--that portion of the vessel
where the sides are united at the fore end with the lower end attached
to the keel and the bowsprit, if one is present, resting on the upper
end.
Stern means the aft part of the vessel.
Stretched mesh size means the distance between opposite knots of a
four-sided mesh when opposite knots are pulled tautly to remove slack.
Superexclusive registration area means any State of Alaska
designated registration area within the BSAI where, if a vessel is
registered to fish for crab, that vessel is prohibited from fishing for
crab in any other registration area during that registration year.
Support vessel means any vessel that is used in support of other
vessels regulated under this part, including, but not limited to,
supplying a fishing vessel with water, fuel, provisions, fishing
equipment, fish processing equipment or other supplies, or transporting
processed fish. The term ``support vessel'' does not include processor
vessels or tender vessels.
Tanner crab means Chionoecetes species or hybrids of these species.
Target species are those species or species groups, except the
``other species'' category, for which a TAC is specified pursuant to
Sec. 679.20(a)(2).
Tender vessel means a vessel that is used to transport unprocessed
fish received from another vessel to a shoreside processor, mothership,
or buying station.
Transfer includes any loading, offloading, shipment or receipt of
any groundfish product, including quantities transferred inside or
outside the EEZ, within any state's territorial waters, within the
internal waters of any state, at any shoreside processor, or any
offsite meal reduction plant.
Trawl test areas (see Figure 7 of this part and Sec. 679.24(d)).
U.S. citizen means:
(1) Any individual who is a citizen of the United States at the
time of application for QS; or
(2) Any corporation, partnership, association, or other entity that
would have qualified to document a fishing vessel as a vessel of the
United States during the QS qualifying years of 1988, 1989, and 1990.
Vessel Activity Report (VAR) (see Sec. 679.5).
[[Page 31236]]
Vessel operations category (see Sec. 679.4).
Walrus Protection Areas (see Sec. 679.22(a)(4)).
Weekly reporting period means a time period that begins at 0001
hours, A.l.t., Sunday morning (except during the first week of each
year, when it starts on January 1) and ends at 2400 hours, A.l.t., the
following Saturday night (except during the last week of each year,
when it ends on December 31).
West Yakutat District of the GOA means that part of the GOA Eastern
Regulatory Area contained in Statistical Area 640 (see Figure 3 of this
part).
Western Aleutian District means that part of the Aleutian Islands
Subarea contained in Statistical Area 543 (see Figure 1 of this part).
Wing tip means the point where adjacent breast lines intersect or
where a breast line intersects with the fishing line.
Sec. 679.3 Relation to other laws.
(a) Foreign fishing for groundfish. Regulations governing U.S.
nationals fishing in the Russian fisheries are set forth in part 299 of
this title.
(b) Domestic fishing for groundfish. The conservation and
management of groundfish in waters of the territorial sea and internal
waters of the State of Alaska are governed by the Alaska Administrative
Code at 5 AAC Chapter 28 and the Alaska Statute at A.S. 16.
(c) Halibut. Additional regulations governing the conservation and
management of halibut are set forth in part 301 of this title.
(d) King and Tanner crab. Additional regulations governing
conservation and management of king crab and Tanner crab in the BSAI
are contained in Alaska Statutes at A.S. 16 and Alaska Administrative
Code at 5 AAC Chapters 34, 35, and 39.
(e) Incidental catch of marine mammals. Regulations governing
exemption permits and the recordkeeping and reporting of the incidental
take of marine mammals are set forth in Sec. 216.24 and part 229 of
this title.
Sec. 679.4 Permits.
(a) General requirements--(1) Application. (i) A person may obtain
or renew an application for any of the permits under this section and
must mail completed forms to the Chief, RAM Division.
(ii) Upon receipt of an incomplete or improperly completed permit
application, the Chief, RAM Division, will notify the applicant of the
deficiency in the permit application. If the applicant fails to correct
the deficiency, the permit will not be issued. No permit will be issued
to an applicant until a complete application is received.
(iii) A separate application must be completed for each vessel,
processor, or buying station and a copy must be retained of each
completed or revised application.
(iv) The information requested on the application must be typed or
printed legibly.
(2) Amended applications. An owner, operator, or manager who
applied for and received a permit under this section must notify the
Chief, RAM Division, in writing, of any change in the information
within 10 days of the date of that change.
(3) Alteration. No person may alter, erase, or mutilate any permit,
card, or document issued under this section. Any such permit, card, or
document that is intentionally altered, erased, or mutilated is
invalid.
(4) Disclosure. NMFS will maintain a list of permitted processors
that may be disclosed for public inspection.
(5) Sanctions and denials. Procedures governing permit sanctions
and denials are found at subpart D of 15 CFR part 904.
(b) Federal Fisheries permit--(1) Groundfish. No vessel of the
United States may be used to fish for groundfish in the GOA or BSAI
unless the owner first obtains a Federal fisheries permit for the
vessel, issued under this part. A Federal fisheries permit is issued
without charge.
(2) Non-groundfish. A vessel of the United States that fishes in
the GOA or BSAI for any non-groundfish species, including but not
limited to halibut, crab, salmon, scallops, and herring, and that does
not retain any bycatch of groundfish is not required to obtain a
Federal fisheries permit under this part.
(3) Vessel operations categories. (i) A Federal fisheries permit
authorizes a vessel to conduct operations in the GOA and BSAI as a
catcher vessel, catcher/processor, mothership, tender vessel, or
support vessel.
(ii) A vessel may be issued a Federal fisheries permit as a support
vessel or as any combination of the other four categories (catcher
vessel, catcher/processor, mothership, tender vessel). A vessel
permitted as a catcher vessel, catcher/processor, mothership, or tender
vessel also may conduct all operations authorized for a support vessel.
(4) Duration. (i) A Federal fisheries permit remains in effect
through December 31 of the year for which it is issued, unless it is
revoked, suspended, or modified under 15 CFR part 904, or unless it is
surrendered or invalidated.
(ii) A Federal fisheries permit is surrendered when the original
permit is submitted to and received by the NMFS Enforcement Office in
Juneau, AK.
(5) Application. A complete application for a Federal fisheries
permit must include the following information for each vessel:
(i) Amended permit. If application is for an amended permit, the
current Federal fisheries permit number and information that has
changed.
(ii) Vessels. The complete name and homeport (city and state) of
the vessel; the ADF&G vessel number; the USCG documentation number or
Alaska registration number; the vessel's LOA and registered net
tonnage; and the telephone, fax, and COMSAT (satellite communication)
numbers used on board the vessel.
(iii) Owner information. The owner of the vessel must record the
owner's name, permanent business mailing address, telephone and fax
numbers; and the name of any company (other than the owner) that
manages the operations of the vessel or shoreside processor.
(iv) Federal fisheries permit information. The owner of the vessel
must record:
(A) The fishery or fisheries and the vessel operations category for
which the permit would apply, as set forth under paragraph (b)(3) of
this section.
(B) If a catcher vessel or catcher/processor, the gear type(s) used
for groundfish operations.
(C) If a catcher vessel, whether groundfish is retained only as
bycatch from halibut, crab, or salmon fisheries; and whether sablefish
is the only groundfish targeted in the GOA.
(D) If a mothership or catcher/processor, whether inshore or
offshore, to indicate component in which Pacific cod in the GOA or
pollock will be processed for the entire fishing year.
(v) Signature. The owner of the vessel must sign and date the
application.
(6) Issuance. (i) Except as provided in subpart D of 15 CFR part
904, upon receipt of a properly completed permit application, the
Regional Director will issue a Federal fisheries permit required by
this paragraph (b).
(ii) The Regional Director will send the Federal fisheries permit
to the applicant with the appropriate logbooks, as provided under
Sec. 679.5.
(7) Amended application. If the application for an amended permit
required under this section designates a change or addition of a vessel
operations category, the amended permit must be on board the vessel
before the new type of operations begins.
[[Page 31237]]
(8) Transfer. A Federal fisheries permit issued under this
paragraph (b) is not transferable or assignable and is valid only for
the vessel for which it is issued.
(9) Inspection. (i) An original Federal fisheries permit issued
under this paragraph (b) must be carried on board the vessel whenever
the vessel is fishing. Photocopied or faxed copies are not considered
originals.
(ii) A permit issued under this paragraph (b) must be presented for
inspection upon the request of any authorized officer.
(c) Moratorium permits (applicable through December 31, 1998--(1)
General--(i) Applicability. Except as provided under paragraph (c)(2)
of this section, any vessel used to catch and retain any moratorium
crab species or to conduct directed fishing for any moratorium
groundfish species must have a valid moratorium permit issued for that
vessel under this part on board the vessel at all times it is engaged
in fishing activities.
(ii) Duration. The moratorium permit is valid for the duration of
the moratorium, unless otherwise specified.
(iii) Validity. A moratorium permit issued under this part is valid
only if:
(A) The vessel's LOA does not exceed the maximum LOA as specified
in Sec. 679.2;
(B) The vessel's moratorium qualification has not been transferred;
(C) The permit has not been revoked or suspended under 15 CFR part
904;
(D) The permit is endorsed for all gear types on board the vessel;
and
(E) The permit's term covers the fishing year in which the vessel
is fishing.
(iv) Inspection. A moratorium permit must be presented for
inspection upon the request of any authorized officer.
(2) Moratorium exempt vessels. (i) A moratorium exempt vessel is
not subject to the moratorium permit requirement of paragraph (c)(1) of
this section and is not eligible for a moratorium permit.
(ii) A moratorium exempt vessel may catch and retain moratorium
species, provided it complies with the permit requirements of the State
of Alaska with respect to moratorium crab species, Federal permit
requirements in this part with respect to moratorium groundfish
species, and other applicable Federal and State of Alaska regulations.
(3) Moratorium exempt vessel categories. A moratorium exempt vessel
is a vessel in any of the following categories:
(i) Vessels other than catcher vessels or catcher/processor
vessels.
(ii) Catcher vessels or catcher/processor vessels less than or
equal to 26 ft (7.9 m) LOA that conduct directed fishing for groundfish
in the GOA.
(iii) Catcher vessels or catcher/processor vessels less than or
equal to 32 ft (9.8 m) LOA that catch and retain moratorium crab
species in the BSAI or that conduct directed fishing for moratorium
groundfish species in the BSAI.
(iv) Catcher vessels or catcher/processor vessels that are fishing
for IFQ halibut, IFQ sablefish, or halibut or sablefish under the
Western Alaska CDQ Program in accordance with regulations at subpart C
of this part and that are not directed fishing for any moratorium
species.
(v) Catcher vessels or catcher/processor vessels less than or equal
to 125 ft (38.1 m) LOA that after November 18, 1992, are specifically
constructed for and used in accordance with a CDP under Sec. 679.30,
and that are designed and equipped to meet specific needs described in
the CDP.
(4) Moratorium permit endorsements--(i) General. A moratorium
permit will be endorsed for one or more fishery-specific gear type(s)
in accordance with the endorsement criteria of paragraph (c)(5) of this
section.
(ii) Authorization. A fishery-specific gear type endorsement
authorizes the use by the vessel of that gear type in the specified
fisheries.
(iii) Fishing gear requirements. (A) Fishing gear requirements for
the BSAI crab fisheries are set forth in the Alaska Administrative Code
at title 5, chapters 34 and 35.
(B) Fishing gear requirements for the GOA and the BSAI groundfish
fisheries are set forth under Sec. 679.24.
(C) A moratorium permit may be endorsed for any one or a
combination of the following fishing gear types:
(1) Trawl, which includes pelagic and nonpelagic trawl gear.
(2) Pot, which includes longline pot and pot-and-line gear.
(3) Hook, which includes hook-and-line and jig gear.
(5) Gear endorsement criteria. For purposes of this paragraph
(c)(5), the period January 1, 1988, through February 9, 1992, is
``period 1,'' and February 10, 1992, through December 11, 1994, is
``period 2.'' Fishery-specific gear type endorsement(s) will be based
on the following criteria:
(i) Crab fisheries/pot gear. A moratorium permit for a vessel may
be endorsed for crab fisheries/pot gear if the vessel made a legal
landing:
(A) Of a moratorium crab species in period 1;
(B) Of a moratorium groundfish species with any authorized fishing
gear in period 1, and, in period 2, made a legal landing of a
moratorium crab species; or
(C) Of moratorium groundfish in period 1 with pot gear.
(ii) Groundfish fisheries/trawl gear. A moratorium permit may be
endorsed for groundfish fisheries/trawl gear if the vessel made a legal
landing:
(A) Of a moratorium groundfish species with any authorized fishing
gear in period 1; or
(B) Of a moratorium crab species in period 1, and, in period 2,
made a legal landing of a moratorium groundfish species using trawl
gear.
(iii) Groundfish fisheries/pot gear. A moratorium permit may be
endorsed for groundfish fisheries/pot gear if the vessel made a legal
landing:
(A) Of a moratorium groundfish species with any authorized fishing
gear in period 1; or
(B) Of a moratorium crab species in period 1.
(iv) Groundfish fisheries/hook gear. A moratorium permit may be
endorsed for groundfish fisheries/hook gear if the vessel made a legal
landing:
(A) Of a moratorium groundfish species with any authorized fishing
gear in period 1; or
(B) Of a moratorium crab species in period 1, and, in period 2,
made a legal landing of a moratorium groundfish species using hook
gear.
(6) Application for permit. A moratorium permit will be issued to
the owner of a vessel of the United States if he/she submits to the
Regional Director a complete moratorium permit application that is
subsequently approved and if the vessel's LOA does not exceed the
maximum LOA as specified in Sec. 679.2. A complete application for a
moratorium permit must include the following information for each
vessel:
(i) Name of the vessel, state registration number of the vessel and
the USCG documentation number of the vessel, if any.
(ii) Name(s), business address(es), and telephone and fax numbers
of the owner of the vessel.
(iii) Name of the managing company.
(iv) Valid documentation of the vessel's moratorium qualification,
if requested by the Regional Director due to an absence of landings
records for the vessel from January 1, 1988, through February 9, 1992.
(v) Reliable documentation of the vessel's original qualifying LOA,
if requested by the Regional Director, such as a vessel survey,
builder's plan, state or Federal registration certificate, fishing
permit records, or other reliable and probative documents that clearly
[[Page 31238]]
identify the vessel and its LOA, and that are dated before June 24,
1992.
(vi) Specification of the fishing gear(s) used from January 1,
1988, through February 9, 1992, and, if necessary, the fishing gear(s)
used from February 10, 1992, through December 11, 1994.
(vii) Specification of the vessel as either a catcher vessel or a
catcher/processor vessel.
(viii) If applicable, transfer authorization if a permit request is
based on transfer of moratorium qualification pursuant to paragraph (c)
of this section.
(ix) Signature of the person who is the owner of the vessel or the
person who is responsible for representing the vessel owner.
(7) Moratorium qualification. A vessel has moratorium qualification
if:
(i) The vessel is an original qualifying vessel;
(ii) The vessel is not a moratorium exempt vessel under paragraph
(c)(2) of this section;
(iii) The vessel's moratorium qualification has not been
FR Doc. 96-14593 Fisheries of the Exclusive Economic Zone Off Alaska
transferred;
(iv) The vessel receives a valid moratorium qualification through a
transfer approved by the Regional Director under pargraph (c)(9) of
this section; and
(v) That moratorium qualification is not subsequently transferred.
(8) Application for moratorium qualification transfer--(i) General.
An application for approval of a transfer of moratorium qualification
(see paragraph (c)(9) of this section) must be completed and the
transfer approved by the Regional Director before an application for a
moratorium permit based on that transfer can be approved. An
application for approval of a transfer and an application for a
moratorium permit may be submitted simultaneously.
(ii) Contents of application. A complete application for approval
of transfer must include the following information, as applicable, for
each vessel involved in the transfer of moratorium qualification:
(A) Name(s), business address(es), and telephone and fax numbers of
the applicant(s) (including the owners of the moratorium qualification
that is to be or was transferred and the person who is to receive or
received the transferred moratorium qualification).
(B) Name of the vessel whose moratorium qualification is to be or
was transferred and the name of the vessel that would receive or
received the transferred moratorium qualification (if any), the state
registration number of each vessel and, if documented, the USCG
documentation number of each vessel.
(C) The original qualifying LOA of the vessel whose moratorium
qualification is to be or was transferred, its current LOA, and its
maximum LOA.
(D) The LOA of the vessel that would receive or received the
transferred moratorium qualification and documentation of that LOA by a
current vessel survey or other reliable and probative document.
(E) Signatures of the persons from whom moratorium qualification
would be transferred or their representative, and the persons who would
receive the transferred moratorium qualification or their
representative.
(iii) Contract or agreement. A legible copy of a contract or
agreement must be included with the application for transfer that
specifies the vessel or person from which moratorium qualification is
to be or is transferred, the date of the transfer agreement, names and
signatures of all current owner(s) of the vessel whose moratorium
qualification is to be or was transferred, and names and signatures of
all current owner(s) of the moratorium qualification that is to be or
was transferred.
(iv) Vessel reconstruction. The following information must be
included with the application for transfer:
(A) A legible copy of written contracts or written agreements with
the firm that performed reconstruction of the vessel and that relate to
that reconstruction.
(B) An affidavit signed by the vessel owner(s) and the owner/
manager of the firm that performed the vessel reconstruction,
specifying the beginning and ending dates of the reconstruction.
(C) An affidavit signed by the vessel owner(s) specifying the LOA
of the reconstructed vessel.
(v) Vessels lost or destroyed. A copy of USCG Form 2692, Report of
Marine Casualty, must be included with the application for transfer.
(9) Transfer of moratorium qualification (applicable through
December 31, 1998)--(i) General. A transfer of a vessel's moratorium
qualification must be approved by the Regional Director before a
moratorium permit may be issued under this section for the vessel to
which the qualification is transferred. A moratorium permit is not
transferrable or assignable. A fishery-specific gear type
endorsement(s) is not severable from an endorsed permit. A transfer of
moratorium qualification will not be approved by the Regional Director
unless:
(A) A complete transfer application that satisfies all requirements
specified in paragraph (c)(8) of this section is submitted;
(B) The LOA of the vessel to which the moratorium qualification is
transferred does not exceed the maximum LOA of the original qualifying
vessel; and
(C) The moratorium permit associated with the moratorium
qualification is not revoked or suspended.
(ii) Vessels lost or destroyed in 1988. The moratorium
qualification of a vessel that was lost or destroyed before January 1,
1989, may not be transferred to another vessel and is not valid for
purposes of issuing a moratorium permit for that vessel, if salvaged,
unless salvage began on or before June 24, 1992, and the LOA of the
salvaged vessel does not exceed its maximum LOA. The moratorium
qualification of such a vessel is not valid for purposes of issuing a
moratorium permit for 1998 unless that vessel is used to make a legal
landing of a moratorium species from January 1, 1996, through December
31, 1997.
(iii) Vessels lost or destroyed from 1989 through 1995. The
moratorium qualification of any vessel that was lost or destroyed on or
after January 1, 1989, but before January 1, 1996, is valid for
purposes of issuing a moratorium permit for that vessel, if salvaged,
regardless of when salvage began, provided that the vessel has not
already been replaced and the LOA of the salvaged vessel does not
exceed its maximum LOA. The moratorium qualification of any vessel that
was lost or destroyed on or after January 1, 1989, but before January
1, 1996, may be transferred to another vessel, provided the LOA of that
vessel does not exceed the maximum LOA of the original qualifying
vessel. The moratorium qualification of such a vessel is not valid for
purposes of issuing a moratorium permit for 1998, unless that vessel is
used to make a legal landing of a moratorium species from January 1,
1996, through December 31, 1997.
(iv) Vessels lost or destroyed after 1995. The moratorium
qualification of any vessel that was lost or destroyed on or after
January 1, 1996, is valid for purposes of issuing a moratorium permit
for that vessel, if salvaged, regardless of when salvage began,
provided that the vessel has not already been replaced and the LOA of
the salvaged vessel does not exceed its maximum LOA. The moratorium
qualification of any vessel that is lost or destroyed on or after
January 1, 1996, may be transferred to another vessel, providing the
LOA of that vessel does not exceed the maximum LOA of the original
qualifying vessel.
[[Page 31239]]
(v) Reconstruction. The moratorium qualification of a vessel is not
valid for purposes of issuing a moratorium permit if, after June 23,
1992, reconstruction is initiated that results in increasing the LOA of
the vessel to exceed the maximum LOA of the original qualifying vessel.
For a vessel whose reconstruction began before June 24, 1992, and was
completed after June 24, 1992, the maximum LOA is the LOA on the date
reconstruction was completed, provided the owner files an application
for transfer and the Regional Director certifies that maximum LOA and
approves the transfer based on information concerning the LOA of the
reconstructed vessel submitted under paragraph (c)(8)(iv) of this
section.
(10) Appeal--(i) Determination. The Chief, RAM Division, will issue
an initial administrative determination to each applicant who is denied
a moratorium permit by that official. An initial administrative
determination may be appealed by the applicant in accordance with
Sec. 679.43. The initial administrative determination will be the final
agency action if a written appeal is not received by the Chief, RAM
Division, within the period specified.
(ii) Permit denial. An initial administrative determination that
denies an application for a moratorium permit must authorize the
affected vessel to catch and retain moratorium crab or moratorium
groundfish species with the type of fishing gear specified on the
application. The authorization expires on the effective date of the
final agency action relating to the application.
(iii) Final action. An administrative determination denying
approval of the transfer of a moratorium qualification and/or denying
the issuance of a moratorium permit based on that moratorium
qualification is the final agency action for purposes of judicial
review.
(d) IFQ--(1) General. In addition to the permit and licensing
requirements prescribed in part 301 of this title and in the permit
requirements of this section, all fishing vessels that harvest IFQ
halibut or IFQ sablefish must have on board:
(i) IFQ permit. A copy of an IFQ permit that specifies the IFQ
regulatory area and vessel category in which IFQ halibut or IFQ
sablefish may be harvested by the IFQ permit holder and a copy of the
most recent accompanying statement specifying the amount of each
species that may be harvested during the current IFQ fishing season;
and
(ii) IFQ card. An original IFQ card issued by the Regional
Director.
(2) Registered buyer permit. Any person who receives IFQ halibut or
IFQ sablefish from the person(s) that harvested the fish must possess a
registered buyer permit, except under conditions of paragraph (d)(2)
(i), (ii), or (iii) of this section. A registered buyer permit also is
required of any person who harvests IFQ halibut or IFQ sablefish and
transfers such fish:
(i) In a dockside sale;
(ii) Outside of an IFQ regulatory area; or
(iii) Outside the State of Alaska.
(3) Permit issuance--(i) IFQ permits and cards--(A) Issuance. IFQ
permits and cards will be renewed or issued annually by the Regional
Director to each person with approved QS for IFQ halibut or IFQ
sablefish allocated in accordance with this section.
(B) IFQ permit. Each IFQ permit issued by the Regional Director
will identify the permitted person and will be accompanied by a
statement that specifies the amount of IFQ halibut or IFQ sablefish
that person may harvest from a specified IFQ regulatory area using
fixed gear and a vessel of a specified vessel category.
(C) IFQ card. Each IFQ card issued by the Regional Director will
display an IFQ permit number and the individual authorized by the IFQ
permit holder to land IFQ halibut or IFQ sablefish for debit against
the permit holder's IFQ.
(ii) Registered buyer permits. Registered buyer permits will be
renewed or issued annually by the Regional Director to persons that
have a registered buyer application approved by the Regional Director.
(4) Duration--(i) IFQ permit. An IFQ permit authorizes the person
identified on the permit to harvest IFQ halibut or IFQ sablefish from a
specified IFQ regulatory area at any time during an open fishing season
during the fishing year for which the IFQ permit is issued until the
amount harvested is equal to the amount specified under the permit, or
until it is revoked, suspended, or modified under 15 CFR part 904.
(ii) IFQ card. An IFQ card authorizes the individual identified on
the card to land IFQ halibut or IFQ sablefish for debit against the
specified IFQ permit until the card expires, or is revoked, suspended,
or modified under 15 CFR part 904, or cancelled on request of the IFQ
permit holder.
(iii) Registered buyer permit. A registered buyer permit authorizes
the person identified on the permit to receive or make an IFQ landing
by an IFQ permit or card holder at any time during the fishing year for
which it is issued until the registered buyer permit expires, or is
revoked, suspended, or modified under 15 CFR part 904.
(5) Transfer. The IFQ permits issued under this section are not
transferable, except as provided under Sec. 679.41. IFQ cards and
registered buyer permits issued under this paragraph (d) are not
transferable.
(6) Inspection--(i) IFQ permit. A legible copy of any IFQ permit
issued under this section must be carried on board the vessel used by
the permitted person to harvest IFQ halibut or IFQ sablefish at all
times that such fish are retained on board.
(ii) IFQ card. Except as specified in Sec. 679.42(d), an individual
that is issued an IFQ card must remain on board the vessel used to
harvest IFQ halibut or IFQ sablefish with that card until all such fish
are landed, and must present a copy of the IFQ permit and the original
IFQ card for inspection on request of any authorized officer, clearing
officer, or registered buyer purchasing IFQ species.
(iii) Registered buyer permit. A legible copy of the registered
buyer permit must be present at the location of an IFQ landing, and
must be made available for inspection on request of any authorized
officer or clearing officer.
(e) Halibut/sablefish CDQ permits and CDQ cards. See Sec. 679.33(a)
and (b).
(f) Federal processor permit--(1) General--(i) Applicability. In
addition to the permit and licensing requirements prescribed in part
301 of this title and paragraphs (b) and (d) of this section, and
except as provided in paragraph (f)(1)(ii) of this section, a processor
of fish from a Research Plan fishery must have a Federal processor
permit issued by the Regional Director.
(ii) Exception. Any fisherman who transfers fish outside the United
States, or any fisherman who sells fish directly to a restaurant or to
an individual for use as bait or for personal consumption is not
required to have a Federal processor permit.
(iii) Fee. A Federal processor permit will be issued without
charge.
(2) Application. A complete application for a Federal processor
permit must include the following for each vessel or processor:
(i) The annual period for which the permit is requested.
(ii) The Research Plan fishery or fisheries for which the permit is
requested.
(iii) If the application is for an amended permit, the current
Federal processor permit number and an indication of the information
that is being amended.
[[Page 31240]]
(iv) The processor owner's name or names, business mailing address,
telephone number, and fax number.
(v) If the processor is a shoreside processor, the plant's name,
business mailing address, ADF&G Processor Code, telephone number, and
fax number.
(vi) If the processor is a vessel, the vessel's name, home port,
net tonnage, LOA, USCG number, telephone number, fax number, INMARSAT
(satellite communications) number, and ADF&G number.
(vii) The applicant's name, signature, and date.
(3) Issuance. (i) Permits required under paragraph (f)(1)(i) of
this section will be issued annually by the Regional Director.
(ii) The Regional Director will issue a permit required under
paragraph (f)(1)(i) of this section upon receipt of a complete
application.
(iii) Upon receipt of an incomplete or improperly completed
application, the Regional Director will notify the applicant of the
deficiency. No permit will be issued to an applicant until a complete
application is submitted.
(4) Duration. The Federal processor permit issued by the Regional
Director will continue in full force and effect through December 31 of
the year for which it is issued, or until it is revoked, suspended, or
modified under Secs. 600.735 and 600.740 of this chapter.
(5) Transfer. Permits issued under this paragraph (f) are not
transferable or assignable.
(6) Validity. Each permit issued under this paragraph (f) is valid
only for the vessel or processor for which it is issued.
(7) Inspection. (i) The permit issued under this paragraph (f) must
be maintained on the processor vessel or at the shoreside processor.
(ii) The permit must be available for inspection upon request by an
authorized officer or any employee of NMFS, ADF&G, or the Alaska
Department of Public Safety designated by the Regional Director,
Commissioner of ADF&G, or Commissioner of the Alaska Department of
Public Safety.
(g) King and Tanner crab permits. All processors of BSAI king and
Tanner crab must comply with permit requirements contained in paragraph
(f) of this section.
Sec. 679.5 Recordkeeping and reporting.
(a) General requirements--(1) Applicability, Federal fisheries
permit. The following must comply with the recordkeeping and reporting
requirements of this section:
(i) Any catcher vessel, mothership, catcher/processor, or tender
vessel, 5 net tons or larger, that is 60 ft (18.3 m) and over LOA, and
is required to have a Federal fisheries permit under Sec. 679.4.
(ii) Any shoreside processor, mothership, or buying station that
receives groundfish from vessels required to have a Federal fisheries
permit under Sec. 679.4. A shoreside processor, mothership, or buying
station subject to recordkeeping and reporting requirements must report
all groundfish and prohibited species received, including:
(A) Fish received from vessels not required to have a Federal
fisheries permit.
(B) Fish received under contract for handling or processing for
another processor.
(2) Applicability, Federal processor permit. Any processor that
retains fish from a Research Plan fishery is responsible for complying
with the applicable recordkeeping and reporting requirements of this
section.
(3) Responsibility. The operator of a catcher vessel, catcher/
processor, mothership, or buying station receiving from a catcher
vessel and delivering to a mothership (hereafter referred to as the
operator) and the manager of a shoreside processor or buying station
receiving from a catcher vessel and delivering to a shoreside processor
(hereafter referred to as the manager) are each responsible for
complying with the applicable recordkeeping and reporting requirements
of this section. In addition, the owner of a vessel, shoreside
processor, or buying station must ensure that the operator, manager, or
representative (see paragraph (b) of this section) complies with these
requirements and is responsible for compliance.
(4) Groundfish logbooks and forms. The Regional Director will
prescribe and provide groundfish logbooks and forms required under this
section as shown in Table 9 of this part. The operator or manager must
use these logbooks and forms or obtain approval from the Regional
Director to use electronic versions of the logbooks and forms.
(5) Participant identification information. The operator or manager
must record on all required records, reports, and logbooks:
(i) The name of the catcher vessel, catcher/processor, mothership,
shoreside processor, or buying station as displayed in official
documentation.
(ii) If a vessel, the Federal fisheries permit number and ADF&G
vessel number (if applicable).
(iii) If a processor, the Federal processor permit number and ADF&G
processor number.
(iv) If a buying station, the name and ADF&G vessel number (if
applicable) of the buying station; the name, ADF&G processor number,
and Federal processor permit number of associated processor.
(v) If a shoreside processor or buying station delivering to a
shoreside processor, the geographic location of operations.
(vi) If a representative, the name, daytime business telephone
number (including area code), fax or telex number, and the COMSAT
number (if applicable) of the representative.
(6) Maintenance of records. (i) The operator or manager must
maintain all records, reports, and logbooks in a legible, timely, and
accurate manner; in English; if handwritten, in indelible ink; if
computer-generated, a printed, paper copy; and based on A.l.t.
(ii) The operator or manager must account for each day of the
fishing year, starting with January 1 and ending with December 31, and
the time periods must be consecutive in the logbook.
(iii) When applicable, the operator or manager must record in each
report, form, and logbook the following information:
(A) Page number. Number the pages in each logbook consecutively,
beginning with page one and continuing throughout the logbook for the
remainder of the fishing year, except that the manager of a shoreside
processor must number the DCPL pages within Part I and Part II
separately, beginning with page one.
(B) Date, presented as month-day-year.
(C) Time, in military format to the nearest hour, A.l.t.
(D) Position coordinates, latitude and longitude to the nearest
minute (Optional: Record to the nearest second or fraction of minute).
(E) Reporting area codes, given in Figures 1 and 3 of this part.
(F) Species codes, each target species, the ``other species''
category, and prohibited species under Sec. 679.21(b), using the
species codes given in Table 2 of this part.
(G) Original/revised report. If a report is the first one submitted
to the Regional Director for a given date, gear type, and reporting
area, the report should be labeled, ``ORIGINAL REPORT.'' If the report
is a correction to a previously submitted report for a given date, gear
type, and reporting area, the report should be labelled, ``REVISED
REPORT.''
(H) Weights. Landings, product, and discards of groundfish and
herring must be recorded in pounds or to the nearest 0.01 mt on all
forms and logbooks.
[[Page 31241]]
(7) Active and inactive periods. The operator or manager must, in
the DFL, DCL, or DCPL:
(i) Account for each day of the fishing year by indicating active
and inactive periods as defined under Sec. 679.2.
(ii) Use a separate logbook page for each day of an active period.
(iii) Indicate on one page the first and last day of an inactive
period.
(iv) Indicate all fishing activity, which is defined for each type
of vessel as follows:
(A) If a catcher vessel--harvest or discard of groundfish.
(B) If a catcher/processor--harvest, discard, or processing of
groundfish.
(C) If a mothership or shoreside processor--receipt, discard, or
processing of groundfish.
(D) If a buying station--receipt, discard, or delivery of
groundfish.
(v) If in an active period and conducting fishing activity, the
operator or manager must record:
(A) The gear type used to harvest the groundfish. If a catcher
vessel or catcher/processor and using hook-and-line longline gear, the
average number of hooks per skate.
(B) The reporting area code where gear retrieval was completed;
whether gear retrieval was in Federal or Alaska State waters.
(C) If a catcher vessel, whether a NMFS-certified observer is
aboard the vessel. If a catcher/processor, mothership, or shoreside
processor, the number of NMFS-certified observers aboard or on site.
(D) The number of crew, except for certified observer(s).
(E) Whether harvest is under a CDQ program; if yes, the CDQ number.
(F) If a catcher vessel or buying station, the name and ADF&G
processor number of the mothership or shoreside processor to which
groundfish deliveries were made.
(vi) If in an active period and not conducting fishing activity,
the operator or manager must indicate ``NO FISHING ACTIVITY'' and
briefly describe the reason.
(8) Landings information. The manager of a shoreside processor
must:
(i) Record and report groundfish landings by species codes and
product codes as defined in Tables 1 and 2 of this part for each
reporting area, whether from Alaska State waters or Federal waters,
gear type, and CDQ number.
(ii) Record in the DCPL each day on the day such landings occur,
the following additional information:
(A) The daily combined scale weight of landings retained for
processing from a catcher vessel or any associated buying station, in
pounds or to at least the nearest 0.01 mt.
(B) If more than one page is used during a weekly reporting period,
the total amount of landings carried forward from the previous page.
(C) At the end of each weekly reporting period, the cumulative
total weight, calculated by adding the daily totals and total carried
forward for that week.
(iii) If no landings occurred, write ``NO LANDINGS'' for that day.
(9) Product information. The operator of a catcher/processor or
mothership or the manager of a shoreside processor must, where
required:
(i) Record and report groundfish products by species codes, product
codes, and product designations as defined in Tables 1 and 2 of this
part for each reporting area, whether in Alaska State waters or Federal
waters, gear type, and CDQ number.
(ii) Record in the DCPL each day on the day such production occurs,
the daily total, balance brought forward (except for shoreside
processor), and cumulative total fish product weight for each product
of groundfish in pounds, or to at least the nearest 0.01 mt.
(iii) If no production occurred, write ``NO PRODUCTION'' for that
day.
(10) Discarded/donated species information--(i) General. The
operator or manager must record and report discards and donations by
species codes and discard product codes as defined in Tables 1 and 2 of
this part for each reporting area, whether in Alaska State waters or
Federal waters, gear type, and CDQ number.
(A) The operator or manager must record the estimated daily total,
balance brought forward, and cumulative total round fish weight in the
DFL, DCL, or DCPL each day on the day discards and donations occur for
each discard or donation of groundfish species, groundfish species
groups, and Pacific herring in pounds, or to at least the nearest 0.01
mt.
(B) The operator or manager must record the estimated daily total
balance brought forward, and cumulative total numbers in the DFL, DCL,
or DCPL each day on the day discards or donations occur for each
discard and donation of Pacific salmon, steelhead trout, halibut, king
crab, and Tanner crab.
(C) If there were no discards or donations, write ``NO DISCARDS'',
``0'', or ``ZERO'' for that day.
(ii) Catcher vessel discards/donations. (A) For deliveries of
unsorted codends, the catcher vessel is exempt from recording discards
in the DFL and from submittal of the blue logsheet (discards copy) for
that delivery. The operator of the catcher vessel is required to check
the box entitled ``unsorted codend,'' and the blue DFL logsheet
(discards copy) remains in the DFL.
(B) For presorted deliveries or in the event a catcher vessel has
``bled'' a codend prior to delivery to a processor, the operator of the
catcher vessel must check the ``presorted delivery'' box, enter the
amount of discards or donations by species, and submit the blue DFL
logsheet (discards copy) to the mothership, buying station, or
shoreside processor with each harvest delivery.
(iii) Buying station discards/donations. (A) The operator or
manager of a buying station must record in the DCL on a daily basis on
the day discard occurs, all discards or donations that occur after
receipt of harvest from a catcher vessel and prior to delivery of
harvest to a mothership or shoreside processor.
(B) If a blue DFL logsheet is received from a catcher vessel and
contains reports of discards or donations, the operator or manager of a
buying station must record in the DCL the discards and donations on the
day the DFL logsheet is received from the catcher vessel.
(iv) Catcher/processor discards/donations. The operator of a
catcher/processor must record in the DCPL on the day discards or
donations occur, all discards or donations that occur prior to harvest,
during harvest, and during processing.
(v) Mothership or shoreside processor discards/donations. (A) The
operator of a mothership or manager of a shoreside processor must
record in the DCPL on a daily basis on the day discards or donations
occur, all discards or donations that occur on site after receipt of
groundfish, and all discards or donations that occur during processing
of groundfish.
(B) If an unsorted codend is received from a catcher vessel, the
catcher vessel is not required to submit a blue discard logsheet to the
mothership or shoreside processor. The operator of a mothership or
manager of a shoreside processor must sort the catch received from the
unsorted codends and must record the discards by species in the DCPL as
discard at sea on the day the harvest is received from the catcher
vessel.
(C) If discards are reported on a blue DFL logsheet from a catcher
vessel delivering a presorted codend or if a catcher vessel reports an
amount bled at sea, the operator of a mothership or manager of a
shoreside processor must record in the DCPL the discards on the day the
DFL logsheet is received from the catcher vessel.
(D) If a yellow DCL logsheet is received from a buying station and
[[Page 31242]]
discards or donations are reported, the operator of a mothership or
manager of a shoreside processor must record in the DCPL the discards
or donations on the day the DCL logsheet is received from the buying
station.
(11) Contract processing. (i) The manager of a shoreside processor
or operator of a mothership who receives groundfish to be handled or
processed under contract for another processor or business entity must
report these fish to the Regional Director consistently throughout a
fishing year using one of the following two methods:
(A) Record landings (if applicable), discards, and products of
contract-processed groundfish routinely in the DCPL without separate
identification; or
(B) Record landings (if applicable), discards, and products of
contract-processed groundfish in a separate DCPL identified by the
name, Federal processor permit number, Federal fisheries permit number
(if applicable), and ADF&G processor code of the associated business
entity.
(ii) If contract-processed groundfish records are kept separately
from the routine DCPL, the operator of the mothership or manager of the
shoreside processor must summarize and report that information on a WPR
identified by the name, Federal processor permit number, Federal
fisheries permit number (if applicable), and ADF&G processor code of
the associated business entity.
(12) Alteration of records. (i) The operator, manager, or any other
person may not alter or change any entry or record in a logbook, except
that an inaccurate or incorrect entry or record may be corrected by
lining out the original and inserting the correction, provided that the
original entry or record remains legible.
(ii) No person except an authorized officer may remove any original
page of any logbook.
(13) Inspection of records. The operator or manager must make all
logbooks, reports, and forms required under this section available for
inspection upon the request of an authorized officer.
(14) Submittal of logbooks, reports and forms--(i) Logbooks. (A)
The operator of a catcher vessel, catcher/processor, or mothership, or
the manager of a shoreside processor must submit the yellow logsheets
on a quarterly basis to the NMFS Alaska Fisheries Science Center,
Logbook Program, Seattle, WA, as follows: First quarter, by May 1 of
that fishing year; second quarter, by August 1 of that fishing year;
third quarter, by November 1 of that fishing year; and fourth quarter,
by February 1 of the following fishing year.
(B) During an inactive period that extends across two or more
successive quarters, the operator or manager must complete two
logsheets: One to indicate the last day of the first inactive quarter
and the next page to indicate the first day of the second inactive
quarter.
(ii) Reports and forms. Reports and forms may be submitted by the
operator or manager by:
(A) Using the NMFS printed form and faxing it to the fax number on
the form; or
(B) Transmitting a data file with required information and forms to
NMFS by modem or satellite (specifically INMARSAT standards A, B, or
C).
(15) Record retention--(i) Original. (A) The operator of a catcher
vessel, catcher/processor, or mothership, and the manager of a
shoreside processor, must retain the original (white) copy of all
logbooks and a paper copy of all reports and forms, including those
reports and forms that were originally submitted electronically and
must make these documents available for inspection by an authorized
officer:
(1) On site until the end of the fishing year during which the
records were made and for as long thereafter as fish or fish products
recorded in the logbook, reports, and forms are retained.
(2) For 3 years after the end of the fishing year during which the
records were made.
(B) The operator or manager of a buying station must retain the
original (white) copy of all DCLs on site until the buying station has
concluded receiving groundfish from a catcher vessel for delivery to a
shoreside processor or mothership and for as long as fish and fish
products recorded in the DCL are retained by the buying station.
(ii) Yellow DCL logsheet. The operator of a mothership or manager
of a shoreside processor must retain a photocopy of the yellow DCL
logsheets submitted to NMFS under paragraph (a)(14) of this section
that were received from associated buying stations until the mothership
or shoreside processor receives the original DCL.
(iii) Blue DFL logsheet. (A) The operator of a mothership and the
manager of a shoreside processor must retain the blue DFL logsheets
(discard reports) submitted to them by operators of catcher vessels
through the last day of the fishing year during which the records were
made.
(B) The operator or manager of a buying station must submit to the
mothership or shoreside processor any blue logsheets (discard report)
received from catcher vessels delivering groundfish to the buying
station.
(iv) Pink DCL logsheet. The operator or manager of a buying station
must retain the pink DCL logsheets for 3 years after the end of the
fishing year during which the records were made.
(16) Integration of buying station records. (i) The operator or
manager of a buying station must maintain a separate DCL for each
mothership or shoreside processor to which the buying station delivers
groundfish during a fishing year.
(ii) The operator or manager of a buying station must submit upon
delivery of catch the yellow DCL logsheets to the shoreside processor
or mothership to which it delivers groundfish, along with the blue DFL
logsheets and ADF&G fish tickets or catch receipts for that delivery.
(iii) Upon conclusion of receiving groundfish for a shoreside
processor or mothership, the operator or manager of a buying station
must submit the original DCL to the manager of a shoreside processor or
operator of a mothership to which deliveries were made.
(iv) If the mothership or shoreside processor receives fish from a
buying station, the operator of the mothership or manager of the
shoreside processor must incorporate all of the DCL information into
the DCPL.
(b) Representative. The operator of a catcher vessel, mothership,
catcher/processor, or buying station delivering to a mothership or
manager of a shoreside processor or buying station delivering to a
shoreside processor may identify one person to fill out and sign the
logbook, complete the recordkeeping and reporting forms, or both, and
to identify the contact person for inquiries from NMFS. Designation of
a representative under this paragraph does not relieve the owner,
operator, or manager of responsibility for compliance under paragraph
(a)(3) of this section.
(c) Catcher vessel DFL and catcher/processor DCPL--(1) Pair trawls.
If two catcher vessels are dragging a trawl between them (pair trawl),
a separate DFL must be maintained by each vessel. Each vessel operator
must log the amount of the catch retained by that vessel and any fish
discarded by the vessel.
(2) Time limit and submittal. (i) The operator of a catcher vessel
or catcher/processor must record in the DFL or DCPL, the time,
position, and estimated groundfish catch weight within 2 hours after
gear retrieval.
(ii) The operator of a catcher vessel must record all other
information
[[Page 31243]]
required in the DFL by noon of the day following gear retrieval.
(iii) The operator of a catcher/processor must record all other
information required in the DCPL by noon of the day following
completion of production.
(iv) The operator of a catcher vessel must submit the blue DFL
logsheets with delivery of the harvest to the operator of a mothership
or a buying station delivering to a mothership, or to the manager of a
shoreside processor or buying station delivering to a shoreside
processor.
(v) Notwithstanding other time limits, the operator of a catcher
vessel must record all information required in the DFL within 2 hours
after the vessel's catch is offloaded.
(vi) Notwithstanding other time limits, the operator of a catcher/
processor must record all information required in the DCPL within 2
hours after the vessel's catch is offloaded.
(3) Information required--(i) General. The operator of a catcher
vessel or catcher/processor must record on each page:
(A) Page number as described in paragraph (a)(6)(iii)(A) of this
section.
(B) The start date and end date of the fishing trip.
(C) If a catcher vessel, the vessel name and ADF&G vessel
registration number.
(D) If a catcher/processor, the name, ADF&G processor number, and
Federal processor number of the catcher/processor.
(E) The signature of the operator of the catcher vessel or catcher/
processor.
(F) Whether catcher vessel or catcher/processor is in an active or
inactive period as described in paragraph (a)(7) of this section.
(ii) Haul/set information. The operator of a catcher vessel or
catcher/processor must record the following for each haul or set:
(A) Date (month-day-year).
(B) The number of haul or set, by sequence; begin time and position
coordinates of gear deployment; average sea depth and average gear
depth, recorded to the nearest meter or fathom.
(C) The date, time, and position coordinates of gear retrieval. If
the vessel is using longline hook-and-line gear, the number of skates
set. If the vessel is using longline pot or single pot gear, the total
number of pots set.
(D) The estimated total round fish weight of the groundfish catch.
(E) The species code of the intended target species from Table 2 of
this part.
(F) The estimated IFQ sablefish amounts in the ``comments'' column.
(iii) Discard/donated species information. The operator of a
catcher vessel or catcher/processor must record discard/donation
information as described in paragraph (a)(10) of this section.
(iv) Catcher vessels. If a catcher vessel, the operator must
record:
(A) The date of delivery.
(B) The name, ADF&G processor code, and ADF&G fish ticket number(s)
provided by the operator of the mothership or buying station delivering
to a mothership, or the manager of a shoreside processor or buying
station delivering to a shoreside processor.
(v) Catcher/processors. If a catcher/processor, the operator must
record product information as set forth in paragraph (a)(9) of this
section.
(d) Buying station DCL--(1) Time limits. (i) The operator or
manager of each buying station subject to this part must record entries
in the DCL as to catcher vessel delivery information within 2 hours
after completion of receipt of the groundfish.
(ii) All other information required in the DCL must be recorded by
noon of the day following the day the receipt of groundfish was
completed or discard occurred.
(2) Information required--(i) General. The operator or manager of a
buying station must record for each page:
(A) Page number as described in paragraph (a)(6)(iii)(A) of this
section.
(B) The date.
(C) The buying station name and, if a vessel, the ADF&G vessel
number.
(D) The operator's or manager's signature.
(E) Whether the buying station is in an active or inactive period
as described in paragraph (a)(7) of this section.
(F) The name and ADF&G processor code of the mothership or
shoreside processor to which groundfish deliveries were made.
(G) The number of crew.
(ii) Groundfish deliveries. The operator or manager of a buying
station must record the following information for each delivery of
groundfish:
(A) The ADF&G fish ticket number issued to each catcher vessel
delivering groundfish. If a fish ticket was not issued, the catch
receipt number of the transaction.
(B) Whether blue DFL logsheets were received from the catcher
vessel delivering the groundfish.
(C) The time when receipt of groundfish catch was completed.
(D) The name and ADF&G vessel registration number of the catcher
vessel delivering the groundfish.
(E) The total groundfish delivery weight.
(iii) Discard/donated species information. The operator or manager
of the buying station must record discard/donation information as
described in paragraph (a)(10) of this section.
(e) Mothership DCPL--(1) Time limits. (i) The operator of each
mothership must record entries in the DCPL as to catcher vessel or
buying station delivery information within 2 hours after completion of
the groundfish receipt.
(ii) All other information required in the DCPL must be recorded by
noon of the day following the day the catch receipt, discard, or
production occurred.
(2) Information required--(i) General. The operator of each
mothership must record on each page:
(A) Page number as described in paragraph (a)(6)(iii)(A) of this
section.
(B) The date.
(C) The name, ADF&G processor number, and Federal processor number.
(D) The operator's signature.
(E) Whether mothership is in an active or inactive period as
described in paragraph (a)(7) of this section.
(ii) Deliveries. The operator or each mothership must record for
each delivery:
(A) Whether delivery is from a catcher vessel or a buying station.
(B) The name and ADF&G vessel registration number (if applicable)
of the catcher vessel or buying station delivering the groundfish.
(C) The time and position coordinates of the mothership when
groundfish catch is received.
(D) The estimated total ground fish weight of the groundfish catch.
(E) The ADF&G fish ticket number issued to each catcher vessel
delivering groundfish. If a fish ticket is not issued, record the catch
receipt number of the transaction.
(iii) Discard/donation. The operator of each mothership must record
discard/donation information as described in paragraph (a)(10) of this
section.
(iv) Production information. The operator of each mothership must
record product information as described in paragraph (a)(9) of this
section.
(f) Shoreside processor DCPL--(1) Time limits. (i) The manager of
each shoreside processor must record in the DCPL all catcher vessel or
buying station delivery information within 2 hours after completion of
the groundfish receipt.
(ii) All other information required in the DCPL must be recorded by
noon of the day following the day the catch receipt, discard, or
production occurred.
(2) Information required--(i) Part IA. The manager of each
shoreside processor must record on each page:
(A) If a page is for an individual day, the date. If a page is for
1 week, the week-ending date. See also paragraph (a)(6)(iii)(A) of this
section.
[[Page 31244]]
(B) Participant identification information as described in
paragraph (a)(5) of this section.
(C) The signature of the manager.
(D) Whether the shoreside processor is in an active or inactive
period as described in paragraph (a)(7) of this section.
(ii) Part IB. The manager of each shoreside processor must record
the following information for each delivery:
(A) Date and time when receipt of groundfish catch was completed.
(B) Whether delivery is from catcher vessel or buying station.
(C) Whether blue DFL logsheets were submitted by catcher vessel.
(D) The name and ADF&G vessel registration number (if applicable)
of the catcher vessel or buying station delivering the groundfish.
(E) The total scale weight of groundfish delivery in pounds or to
the nearest 0.01 mt.
(F) The ADF&G fish ticket number issued to the catcher vessel
delivering groundfish. If a fish ticket is not issued, record the catch
receipt number of the transaction.
(iii) Landings information, Part IC. The manager must record:
(A) The date next to the appropriate day of the week (SUN through
SAT).
(B) Landings information as described in paragraph (a)(8) of this
section.
(iv) Discarded/donated species information (Part ID). The manager
of each shoreside processor must record:
(A) The date next to the appropriate day of the week (SUN through
SAT).
(B) Discard information, as described in paragraph (a)(10) of this
section.
(v) Part II. The manager of each shoreside processor must record:
(A) Page numbers must be consecutive within Part II, beginning with
page one for the first day product was produced after the start of the
fishing year and continuing throughout the section for the remainder of
the fishing year.
(B) The name, ADF&G processor code number, and Federal processor
number of shoreside processor.
(C) The signature of the manager of the shoreside processor.
(D) Product information. (1) The week-ending date.
(2) The management area (BSAI or GOA).
(3) The date next to the appropriate day of the week (SUN through
SAT).
(4) Product information as described in paragraph (a)(9) of this
section.
(g) Groundfish Product Transfer Report (PTR)--(1) Applicability.
(i) The operator of a mothership or catcher/processor or the manager of
a shoreside processor must record each transfer of groundfish product
on a separate PTR.
(ii) The manager of a shoreside processor must report on a PTR
those fish products that are subsequently transferred to an offsite
meal reduction plant.
(iii) The operator of a mothership or catcher/processor or manager
of a shoreside processor must report on a PTR, daily sales or transfer
of groundfish to vessels for bait. Individual sales of groundfish for
bait purposes during a day may be aggregated when recording the amount
of product leaving a facility that day.
(2) Time limits and submittal. The operator of a mothership or
catcher/processor or manager of a shoreside processor must:
(i) Record all product transfer information on a PTR within 2 hours
of the completion of the transfer.
(ii) Submit by fax a copy of each PTR to the Regional Director
within 24 hours of completion of transfer.
(3) Information required--(i) General. The operator of a mothership
or catcher/processor or manager of a shoreside processor must record on
each page of a PTR:
(A) Whether the PTR is an original or revised report, as described
in paragraph (a)(6)(iii)(G) of this section.
(B) Page numbers must be numbered consecutively, starting with the
first transfer of the fishing year as page 1 and continuing throughout
the remainder of the fishing year.
(C) ``RECEIPT,'' if product (including raw fish) is received;
``OFFLOAD,'' if product (including raw fish) is offloaded from a
mothership or catcher/processor; ``SHIPMENT,'' if product (including
raw fish) is shipped from a shoreside processor.
(D) Representative identification information, as described in
paragraph (a)(5)(vi) of this section.
(E) If a catcher/processor or mothership, the participant
identification information as described in paragraph (a)(5) of this
section and USCG documentation number. If a shoreside processor, the
participant identification information as described in paragraph (a)(5)
of this section.
(ii) Transfer information. The operator of a catcher/processor or
mothership or manager of a shoreside processor must record on each page
the following information for each transfer:
(A) If another vessel is involved with the transfer, the name and
call sign of the vessel receiving or delivering groundfish or
groundfish products.
(B) If a mothership or catcher/processor and the transfer takes
place in port, the port of landing and country, if a foreign location.
(C) If the transfer is made to an agent, the agent's name. For
purposes of this section, ``agent'' is defined as the transport
company, the buyer, or the distributor.
(D) Intended first destination of product. (1) If an offload or
shipment, the intended destination of the vessel or agent receiving the
groundfish or groundfish product.
(2) If an offload or shipment has several destinations, the first
intended destination.
(3) If offload or shipment has a single destination but requires
loading on multiple vans, trucks, or airline flights, the transfer may
be recorded on a single PTR page.
(E) Date and time of product transfer--(1) Start date. The date, as
described in paragraph (a)(6)(iii)(B) of this section, and time, as
described in paragraph (a)(6)(iii)(C) of this section, the transfer
starts.
(2) Finish date. The date and time the transfer is completed, as
follows:
(i) If shipment is an individual van load or flight, the date and
time when each shipment leaves the plant.
(ii) If shipment involves multiple vans or trucks, the date and
time when loading of vans or trucks is completed for each day.
(iii) If shipment involves airline flights, record date, as
described in paragraph (a)(6)(iii)(B) of this section, and time, as
described in paragraph (a)(6)(iii)(C) of this section, when the last
airline flight shipment of the day leaves the plant.
(F) Position transferred. If a catcher/processor or mothership and
transfer of product is made at sea, the transfer position coordinates.
(iii) Products and quantities offloaded, shipped, or received. The
operator of a catcher/processor or mothership or manager of a shoreside
processor must record the following information:
(A) If a catcher/processor or mothership, the Harvest Zone code of
the area in which groundfish were harvested as defined in Table 8 of
this part.
(B) The species code and product code for each product transferred
as defined in Tables 1 and 2 of this part.
(C) The number of cartons or production units transferred.
(D) The average net weight of one carton for each species and
product code in kilograms or pounds.
(E) The total net weight (fish product weight, to the nearest 0.01
mt) of the products transferred.
(iv) Total or partial offload. If a catcher/processor or
mothership, whether the transfer is a total or partial
[[Page 31245]]
offload. If partial offload, the total fish product weight, to the
nearest 0.01 mt, of the products (by harvest zone, species and product
codes) remaining on board after this transfer.
(h) Check-in/check-out report--(1) Applicability--(i) Transit
between reporting areas. If a vessel is transiting through a reporting
area and is not fishing or receiving fish, a check-in or check-out
report is not required from that area.
(ii) Multiple vessel operations categories--(A) Check-in report. If
a catcher/processor is functioning simultaneously as a mothership in
the same reporting area, the operator must submit a separate check-in
report for each vessel operations category.
(B) Check-out report. Upon completion of each activity, the
operator must submit a check-out report for each vessel operations
category.
(2) Time limits and submittal--(i) Check-in report (BEGIN
message)--(A) Catcher/processor. Before the operator of a catcher/
processor commences harvest of groundfish in Alaska State or Federal
waters of any reporting area except 300, 400, 550, or 690, the operator
must submit by fax a check-in report (BEGIN message) to the Regional
Director.
(B) Mothership or buying station delivering to a mothership. Before
the operator of a mothership or buying station delivering to a
mothership commences receipt of groundfish from Alaska State or Federal
waters of any reporting area except 300, 400, 550, or 690, the operator
must submit by fax a check-in report (BEGIN message) to the Regional
Director.
(C) Shoreside processor or buying station delivering to a shoreside
processor. Before the manager of a shoreside processor or buying
station delivering to a shoreside processor commences receipt of
groundfish from Alaska State or Federal waters of any reporting area
except 300, 400, 550, or 690, the manager must submit by fax a check-in
report to the Regional Director.
(ii) Check-out report (CEASE message)--(A) Catcher/processor. If a
catcher/processor departs a reporting area or moves between Alaska
State and Federal waters in a reporting area, and gear retrieval is
complete from that area, the operator must submit by fax a check-out
report to the Regional Director within 24 hours after departing a
reporting area or leaving either the Alaska State or Federal part of a
reporting area.
(B) Mothership or buying station delivering to a mothership. If a
mothership or buying station delivering to a mothership completes
receipt of groundfish, the operator must submit by fax a check-out
report to the Regional Director within 24 hours after departing a
reporting area or leaving either the Alaska State or Federal part of a
reporting area.
(C) Shoreside processor. If a shoreside processor, the manager must
submit by fax a check-out report to the Regional Director within 48
hours after the end of the applicable weekly reporting period that a
shoreside processor ceases to process groundfish for the fishing year
or has not processed groundfish for more than one weekly reporting
period.
(D) Buying station delivering to a shoreside processor. If a buying
station delivering to a shoreside processor, the manager must submit by
fax a check-out report to the Regional Director within 48 hours after
the applicable weekly reporting period that a buying station delivering
to a shoreside processor ceases to receive or deliver groundfish for
the fishing year or has not received or delivered groundfish for more
than one weekly reporting period.
(E) End of fishing year. If a check-out report has not previously
been submitted during a fishing year, the operator or manager must
submit a check-out report at the end of that fishing year, December 31.
(3) Information required--(i) General. The operator of a catcher/
processor, mothership, or buying station delivering to a mothership or
the manager of a shoreside processor or buying station delivering to a
shoreside processor must record on each page:
(A) Whether it is an original or revised report as described in
paragraph (a)(6)(iii)(G) of this section.
(B) Participant identification information as described in
paragraph (a)(5) of this section.
(C) Representative identification information as described in
paragraph (a)(5)(vi) of this section.
(D) For a mothership or catcher/processor, the processor type and
gear type used to harvest the groundfish. If groundfish are received by
a mothership in the same reporting area from more than one gear type,
or if groundfish are caught by a catcher/processor in the same
reporting area using more than one gear type, the operator must submit
a separate form for each gear type.
(E) Whether harvest is under a CDQ Program; if yes, the CDQ number.
(F) If a buying station, the number of crew on the last day of the
reporting week.
(ii) BEGIN message. The operator of a catcher/processor,
mothership, or buying station delivering to a mothership or the manager
of a shoreside processor or buying station delivering to a shoreside
processor must record:
(A) For a catcher/processor, date and time that gear is deployed.
For a mothership, date and time that receipt of groundfish begins.
(B) For a catcher/processor, position coordinates where gear is
set. For a mothership, position coordinates where groundfish receipt
begins.
(C) For a catcher/processor, the reporting area code of gear
deployment and whether gear deployment was in Federal or Alaska State
waters. For a mothership or buying station delivering to a mothership,
the reporting area code where groundfish receipt begins and whether
receipt of groundfish occurred in Federal or Alaska State waters.
(D) For a shoreside processor, the date receipt of groundfish will
begin, whether checking in for the first time in fishing year or
checking in to restart receipt and processing of groundfish after
filing a check-out report.
(E) For a mothership or catcher/processor, the primary and
secondary species expected to be harvested. For a buying station, the
intended primary target expected to be harvested. A change in intended
target species within the same reporting area does not require a new
BEGIN message.
(iii) CEASE message. The operator of a catcher/processor,
mothership, or buying station delivering to a mothership or the manager
of a shoreside processor or buying station delivering to a shoreside
processor must report:
(A) If a catcher/processor, mothership or buying station delivering
to a mothership, the date, time and position coordinates where the
vessel departed the reporting area or moved to Federal waters from
Alaska State waters within a reporting area, or vice versa.
(B) If a shoreside processor or buying station delivering to a
shoreside processor, the date that receipt of groundfish ceased.
(iv) Fish or fish product held at plant. The manager of a shoreside
processor must report the weight of the fish or fish products in pounds
or to the nearest 0.01 mt by species and product codes.
(i) Weekly Production Report (WPR)--(1) Applicability. (i) The
operator of a catcher/processor or mothership or the manager of a
shoreside processor must submit a WPR for any week the mothership,
catcher/processor, or shoreside processor is checked in pursuant to
paragraph (h)(2)(i) of this section.
(ii) The operator of a vessel that is authorized to conduct
operations as both a catcher/processor and as a mothership must submit
separate WPRs
[[Page 31246]]
to report production and discard as a catcher/processor and production
and discard as a mothership.
(2) Time limits and submittal. The operator or manager must submit
a WPR by fax to the Regional Director by 1200 hours, A.l.t., on the
Tuesday following the end of the applicable weekly reporting period.
(3) Information required--(i) General. The operator of a catcher/
processor or mothership, or the manager of a shoreside processor must
record on each page:
(A) Whether an original or revised report, as described in
paragraph (a)(6)(iii)(G) of this section.
(B) Participant identification information as described in
paragraph (a)(5) of this section.
(C) Representative identification information as described in
paragraph (a)(5)(vi) of this section and date WPR was completed.
(D) If a mothership or catcher/processor, the processor type and
gear type used to harvest the groundfish.
(E) Whether harvest is under a CDQ Program; if yes, the CDQ number.
(F) The week-ending date.
(G) The primary and secondary target codes for the next week.
(H) If a mothership or catcher/processor, the number of crew on the
last day of the reporting week.
(ii) Landings information. The manager of a shoreside processor
must report landings information as described in paragraph (a)(8) of
this section.
(iii) Discarded/donated species information (Part ID). The operator
of a catcher/processor or mothership, or the manager of a shoreside
processor must report discard/donated species information as described
in paragraph (a)(10) of this section.
(iv) Product information. The operator of a catcher/processor or
mothership, or the manager of a shoreside processor must report product
information as described in paragraph (a)(9) of this section.
(v) Catcher vessel delivery information. If ADF&G fish tickets are
issued, the operator of the mothership or manager of the shoreside
processor must list the fish ticket numbers issued to catcher vessels
for the weekly reporting period.
(j) Daily Production Report (DPR)--(1) Notification. If the
Regional Director determines that DPRs are necessary to avoid exceeding
a groundfish TAC or prohibited species bycatch allowance, NMFS may
require submission of DPRs from motherships, catcher/processors, and
shoreside processors for reporting one or more specified species, in
addition to a WPR. NMFS will publish notification in the Federal
Register specifying the fisheries that require DPRs and the dates that
submittal of DPRs are required.
(2) Applicability. (i) If a catcher/processor, mothership, or
shoreside processor is checked in to the specified reporting area and
is harvesting, receiving, processing, or discarding the specified
species or is receiving reports from a catcher vessel of discard at sea
of the specified species, the operator of catcher/processor or
mothership or the manager of a shoreside processor must submit a DPR.
(ii) The operator of a catcher/processor or mothership or the
manager of a shoreside processor must use a separate DPR for each gear
type, processor type, and CDQ number.
(3) Time limit and submittal. The operator or manager must submit a
DPR by fax to the Regional Director by 1200 hours, A.l.t., the day
following each day of landings, discard, or production.
(4) Information required--(i) General. The operator of a catcher/
processor or mothership, or the manager of a shoreside processor must
record on each page:
(A) Whether it is an original or revised report as described in
paragraph (a)(6)(iii)(G) of this section.
(B) Participant identification information as described in
paragraph (a)(5) of this section, and processor type.
(C) Representative identification information as described in
paragraph (a)(5)(vi) of this section.
(D) The gear type used to harvest the groundfish, date landings
were received, and Federal reporting area where landings were
harvested.
(E) Whether harvest is under a CDQ Program; if yes, the CDQ number.
(ii) Landings information. The manager of a shoreside processor
must report landings information as described in paragraph (a)(8) of
this section.
(iii) Product information. The operator of a mothership or catcher/
processor must report product information as described in paragraph
(a)(9) of this section.
(iv) Discard/donated species information. The operator of a
mothership or catcher/processor and the manager of a shoreside
processor must report discard/donated species information as described
in paragraph (a)(10) of this section.
(k) U.S. Vessel Activity Report (VAR)--(1) Applicability. The
operator of a catcher vessel, catcher/processor, or mothership
regulated under this part must submit a VAR by fax to NMFS Alaska
Enforcement Division, Juneau, AK, before the vessel crosses the seaward
boundary of the EEZ off Alaska or crosses the U.S.-Canadian
international boundary between Alaska and British Columbia.
(2) Information required--(i) General. The operator of each catcher
vessel, catcher/processor, or mothership must record on each page:
(A) Whether an original or revised report as described in paragraph
(a)(6)(iii)(G) of this section.
(B) Participant identification information as described in
paragraph (a)(5) of this section.
(C) Representative identification information as described in
paragraph (a)(5)(vi) of this section, and date VAR was completed.
(D) If the vessel is crossing into the seaward boundary of the EEZ
off Alaska or crossing the U.S.-Canadian international boundary between
Alaska and British Columbia, the operator must indicate ``return''
report.
(E) If the vessel is crossing out of the seaward boundary of the
EEZ off Alaska or crossing the U.S.-Canadian international boundary
between Alaska and British Columbia into Canadian waters, the operator
must indicate ``depart'' report.
(F) Port of landing.
(G) Whether the vessel is returning from fishing or departing to
fish in the Russian Zone.
(H) Date and time the vessel will cross the seaward boundary of the
EEZ off Alaska or the U.S.-Canadian international boundary between
Alaska and British Columbia.
(I) Latitude and longitude at the point of crossing the seaward
boundary of the EEZ off Alaska or U.S.-Canadian international boundary
between Alaska and British Columbia.
(ii) Fish or fish products. The operator of a catcher vessel,
catcher/processor, or mothership must record the fish or fish product
on board the vessel when crossing the seaward boundary of the EEZ off
Alaska or U.S.-Canadian international boundary as follows:
(A) The Harvest Zone code of the area in which groundfish were
harvested as defined in Table 8 of this part.
(B) The species code and product code for each species on board as
defined in Tables 1 and 2 of this part.
(C) The fish product weight of products on board in pounds or to
the nearest 0.01 mt.
(l) IFQ recordkeeping and reporting requirements. In addition to
the recordkeeping and reporting requirements in this section and as
specified in part 301 of this title, the following reports are
required.
(1) IFQ landings report--(i) Prior notice of IFQ landing. The
operator of any vessel making an IFQ landing must
[[Page 31247]]
notify the Alaska Region, NMFS, no less than 6 hours before landing IFQ
halibut or IFQ sablefish, unless permission to commence an IFQ landing
within 6 hours of notification is granted by a clearing officer.
(A) Notification of an IFQ landing must be made to the toll-free
telephone number specified on the IFQ permit between the hours of 0600
hours, A.l.t., and 2400 hours, A.l.t.
(B) Notification must include: Name and location of the registered
buyer(s) to whom the IFQ halibut or IFQ sablefish will be landed,
vessel identification, estimated weight of the IFQ halibut or IFQ
sablefish that will be landed, identification number(s) of the IFQ
card(s) that will be used to land the IFQ halibut or IFQ sablefish, and
anticipated date and time of landing.
(ii) Registered buyer reports IFQ landings. (A) A registered buyer
must report an IFQ landing in the manner prescribed on the registered
buyer permit within 6 hours after all such fish are landed and prior to
shipment or departure of the delivery vessel from the landing site.
(B) An IFQ landing may be made only between the hours of 0600
hours, A.l.t., and 1800 hours, A.l.t., unless permission to land at a
different time is granted in advance by a clearing officer. An IFQ
landing may continue after this time period if it were started during
the period.
(iii) Verification and inspection. (A) Each IFQ landing and all
fish retained on board the vessel making an IFQ landing are subject to
verification, inspection, and sampling by authorized officers, clearing
officers, or observers. Each IFQ halibut landing is subject to sampling
for biological information by persons authorized by the IPHC.
(B) A copy of all reports and receipts required by this section
must be retained by registered buyers and be made available for
inspection by an authorized officer or a clearing officer for a period
of 3 years.
(iv) Information required. Information contained in a complete IFQ
landing report shall include: Date, time, and location of the IFQ
landing; names and permit numbers of the IFQ card holder and registered
buyer; product type landed; and fish product weight of sablefish and
halibut landed.
(2) IFQ shipment report--(i) Applicability. Each registered buyer,
other than those conducting dockside sales, must report on a shipment
report any shipments or transfers of IFQ halibut and IFQ sablefish to
any location other than the location of the IFQ landing.
(ii) Submittal. (A) A shipment report must be submitted to the
Chief, RAM Division, prior to shipment or transfer, in a manner
prescribed on the registered buyer permit.
(B) A shipment report must specify: Species and product type being
shipped, number of shipping units, fish product weight, names of the
shipper and receiver, names and addresses of the consignee and
consignor, mode of transportation, and intended route.
(iii) Registered buyer. A registered buyer must assure that:
(A) Shipments of IFQ halibut or IFQ sablefish from that registered
buyer in Alaska or in any IFQ regulatory area to a destination outside
Alaska or outside an IFQ regulatory area do not commence until the
shipment report is received by the Alaska Region, NMFS.
(B) A copy of the shipment report or a bill of lading that contains
the same information accompanies the shipment to all points of sale in
Alaska and to the first point of sale outside of Alaska.
(iv) Dockside sale and outside landing. (A) A person holding a
valid IFQ permit, IFQ card, and registered buyer permit may conduct a
dockside sale of IFQ halibut or IFQ sablefish to a person who has not
been issued a registered buyer permit.
(B) The person making such an IFQ landing must submit an IFQ
landing report in the manner prescribed in paragraph (l)(1) of this
section before any fish are sold, transferred, or removed from the
immediate vicinity of the vessel with which they were harvested.
(C) A receipt that includes the date of sale or transfer, the
registered buyer permit number, and the fish product weight of the
sablefish or halibut transferred must be issued to each individual
receiving IFQ halibut or IFQ sablefish through a dockside sale.
(D) A person holding a valid IFQ permit, IFQ card, and registered
buyer permit may conduct a IFQ landing outside an IFQ regulatory area
or the State of Alaska to a person who does not hold a registered buyer
permit. The person making such an IFQ landing must submit an IFQ
landing report in the manner prescribed in paragraph (l)(1) of this
section.
(v) Transshipment. (A) No person may transship processed IFQ
halibut or IFQ sablefish between vessels without authorization by a
clearing officer. Authorization must be obtained for each instance of
transshipment.
(B) An IFQ transshipper's request for authorization to transship
must be received by a clearing officer at least 24 hours before the
transshipment is intended to occur.
(3) IFQ vessel clearance--(i) Applicability. A person who makes an
IFQ landing at any location other than in an IFQ regulatory area or in
the State of Alaska must obtain prelanding written clearance of the
vessel and provide the weight of IFQ halibut and IFQ sablefish on board
to the clearing officer.
(ii) State of Alaska. A vessel obtaining prelanding written
clearance at a port in the State of Alaska must obtain that clearance
prior to departing the waters of the EEZ adjacent to the jurisdictional
waters of the State of Alaska, the territorial sea of the State of
Alaska, or the internal waters of the State of Alaska.
(iii) State other than Alaska. (A) A vessel obtaining prelanding
written clearance at a port in a state other than Alaska must provide a
departure report to NMFS, Alaska Region, prior to departing the waters
of the EEZ adjacent to the jurisdictional waters of the State of
Alaska, the territorial sea of the State of Alaska, or the internal
waters of the State of Alaska.
(B) The departure report must include the weight of the IFQ halibut
or IFQ sablefish on board and the intended date and time the vessel
will obtain prelanding written clearance at that port in a state other
than Alaska.
(iv) Foreign port other than Canada. A vessel operator who lands
IFQ species in a foreign port must first obtain vessel clearance from a
clearing officer located at a primary port in the State of Alaska.
(v) Canadian ports. No person shall make an IFQ landing in Canada
other than at the ports of Port Hardy, Prince Rupert, or Vancouver,
British Columbia.
(vi) Reporting requirements. (A) A vessel operator must land and
report all IFQ species on board at the same time and place as the first
landing of any species harvested during a fishing trip.
(B) Any person requesting a vessel clearance must have valid IFQ
and registered buyer permits and one or more valid IFQ cards on board
that indicate that IFQ holdings are equal to or greater than all IFQ
halibut and IFQ sablefish on board, and must report the intended date,
time, and location of IFQ landing.
(C) Any person granted a vessel clearance must submit an IFQ
landing report, required under this section, for all IFQ halibut, IFQ
sablefish, and products thereof that are on board the vessel at the
first landing of any fish from the vessel.
(vii) Inspection. A vessel seeking clearance is subject to
inspection of all fish, log books, permits, and other documents on
board the vessel, at the discretion of the clearing officer.
[[Page 31248]]
(viii) Primary ports. Unless specifically authorized on a case-by-
case basis, vessel clearances will be issued only by clearing officers
at the following primary ports:
------------------------------------------------------------------------
Port North latitude West longitude
------------------------------------------------------------------------
Akutan......................... 54 deg.08'05'' 165 deg.46'20''
Bellingham..................... 48 deg.45'04'' 122 deg.30'02''
Cordova........................ 60 deg.33'00'' 145 deg.45'00''
Craig.......................... 55 deg.28'30'' 133 deg.09'00''
Dutch Harbor/Unalaska.......... 53 deg.53'27'' 166 deg.32'05''
Excursion Inlet................ 58 deg.25'00'' 135 deg.26'30''
Homer.......................... 59 deg.38'40'' 151 deg.33'00''
Ketchikan...................... 55 deg.20'30'' 131 deg.38'45''
King Cove...................... 55 deg.03'20'' 162 deg.19'00''
Kodiak......................... 57 deg.47'20'' 152 deg.24'10''
Pelican........................ 57 deg.57'30'' 136 deg.13'30''
Petersburg..................... 56 deg.48'10'' 132 deg.58'00''
St. Paul....................... 57 deg.07'20'' 170 deg.16'30''
Sand Point..................... 55 deg.20'15'' 160 deg.30'00''
Seward......................... 60 deg.06'30'' 149 deg.26'30''
Sitka.......................... 57 deg.03# 135 deg.20#
Yakutat........................ 59 deg.33# 139 deg.44'
------------------------------------------------------------------------
Se
FR Doc. 96-14593 Fisheries of the Exclusive Economic Zone Off Alaska
c. 679.6 Experimental fisheries.
(a) General. For limited experimental purposes, the Regional
Director may authorize, after consulting with the Council, fishing for
groundfish in a manner that would otherwise be prohibited. No
experimental fishing may be conducted unless authorized by an
experimental fishing permit issued by the Regional Director to the
participating vessel owner in accordance with the criteria and
procedures specified in this section. Experimental fishing permits will
be issued without charge and will expire at the end of a calendar year
unless otherwise provided for under paragraph (e) of this section.
(b) Application. An applicant for an experimental fishing permit
shall submit to the Regional Director, at least 60 days before the
desired effective date of the experimental fishing permit, a written
application including, but not limited to, the following information:
(1) The date of the application.
(2) The applicant's name, mailing address, and telephone number.
(3) A statement of the purpose and goal of the experiment for which
an experimental fishing permit is needed, including a general
description of the arrangements for disposition of all species
harvested under the experimental fishing permit.
(4) Technical details about the experiment, including:
(i) Amounts of each species to be harvested that are necessary to
conduct the experiment, and arrangement for disposition of all species
taken.
(ii) Area and timing of the experiment.
(iii) Vessel and gear to be used.
(iv) Experimental design (e.g., sampling procedures, the data and
samples to be collected, and analysis of the data and samples).
(v) Provision for public release of all obtained information, and
submission of interim and final reports.
(5) The willingness of the applicant to carry observers, if
required by the Regional Director, and a description of accommodations
and work space for the observer(s).
(6) Details for all coordinating parties engaged in the experiment
and signatures of all representatives of all principal parties.
(7) Information about each vessel to be covered by the experimental
fishing permit, including:
(i) Vessel name.
(ii) Name, address, and telephone number of owner and master.
(iii) USCG documentation, state license, or registration number.
(iv) Home port.
(v) Length of vessel.
(vi) Net tonnage.
(vii) Gross tonnage.
(8) The signature of the applicant.
(9) The Regional Director may request from an applicant additional
information necessary to make the determinations required under this
section. Any application that does not include all necessary
information will be considered incomplete. An incomplete application
will not be considered to be complete until the necessary information
is provided in writing. An applicant for an experimental fishing permit
need not be the owner or operator of the vessel(s) for which the
experimental fishing permit is requested.
(c) Review procedures. (1) The Regional Director, in consultation
with the Alaska Fishery Science Center, will review each application
and will make a preliminary determination whether the application
contains all the information necessary to determine if the proposal
constitutes a valid fishing experiment appropriate for further
consideration. If the Regional Director finds any application does not
warrant further consideration, the applicant will be notified in
writing of the reasons for the decision.
(2) If the Regional Director determines any application is complete
and warrants further consideration, he or she will initiate
consultation with the Council by forwarding the application to the
Council. The Council's Executive Director shall notify the applicant of
a meeting at which the Council will consider the application and invite
the applicant to appear in support of the application, if the applicant
desires. If the Regional Director initiates consultation with the
Council, NMFS will publish notification of receipt of the application
in the Federal Register with a brief description of the proposal.
(d) Notifying the applicant. (1) The decision of the Regional
Director, after consulting with the Council, to grant or deny an
experimental fishing permit is the final action of the agency. The
Regional Director shall notify the applicant in writing of the decision
to grant or deny the experimental fishing permit and, if denied, the
reasons for the denial, including:
(i) The applicant has failed to disclose material information
required, or has made false statements as to any material fact, in
connection with the application.
(ii) According to the best scientific information available, the
harvest to be conducted under the permit would detrimentally affect
living marine resources, including marine mammals and birds, and their
habitat in a significant way.
(iii) Activities to be conducted under the experimental fishing
permit would be inconsistent with the intent of this section or the
management objectives of the FMP.
(iv) The applicant has failed to demonstrate a valid justification
for the permit.
(v) The activity proposed under the experimental fishing permit
could create a significant enforcement problem.
(vi) The applicant failed to make available to the public
information that had been obtained under a previously issued
experimental fishing permit.
(vii) The proposed activity had economic allocation as its sole
purpose.
(2) In the event a permit is denied on the basis of incomplete
information or design flaws, the applicant will be provided an
opportunity to resubmit the application, unless a permit is denied
because experimental fishing would detrimentally affect marine
resources, be inconsistent with the management objectives of the FMP,
create significant enforcement problems, or have economic allocation as
its sole purpose.
(e) Terms and conditions. The Regional Director may attach terms
and conditions to the experimental fishing permit that are consistent
with the purpose of the experiment, including, but not limited to:
(1) The maximum amount of each species that can be harvested and
landed during the term of the experimental fishing permit, including
trip limitations, where appropriate.
(2) The number, sizes, names, and identification numbers of the
vessels
[[Page 31249]]
authorized to conduct fishing activities under the experimental fishing
permit.
(3) The time(s) and place(s) where experimental fishing may be
conducted.
(4) The type, size, and amount of gear that may be used by each
vessel operated under the experimental fishing permit.
(5) The condition that observers be carried aboard vessels operated
under an experimental fishing permit.
(6) Reasonable data reporting requirements.
(7) Such other conditions as may be necessary to assure compliance
with the purposes of the experimental fishing permit and consistency
with the FMP objectives.
(8) Provisions for public release of data obtained under the
experimental fishing permit.
(f) Effectiveness. Unless otherwise specified in the experimental
fishing permit or superseding notification or regulation, an
experimental fishing permit is effective for no longer than 1 calendar
year, but may be revoked, suspended, or modified during the calendar
year. Experimental fishing permits may be renewed following the
application procedures in paragraph (b) of this section.
Sec. 679.7 Prohibitions.
In addition to the general prohibitions specified in Sec. 600.725
of this chapter, it is unlawful for any person to do any of the
following:
(a) Groundfish of the GOA and BSAI--(1) Federal fisheries permit.
Fish for groundfish with a vessel of the United States that does not
have on board a valid Federal fisheries permit issued pursuant to
Sec. 679.4.
(2) Inseason adjustment. Conduct any fishing contrary to
notification of inseason adjustment issued under Sec. 679.25.
(3) Observer plan. Fish for groundfish except in compliance with
the terms of an observer plan as provided by subpart E of this part.
(4) Pollock roe. Retain pollock roe on board a vessel in violation
of Sec. 679.20(g).
(5) Bycatch rate standard. Exceed a bycatch rate standard specified
for a vessel under Sec. 679.21(f).
(6) Gear. Deploy any trawl, longline, single pot-and-line, or jig
gear in an area when directed fishing for, or retention of, all
groundfish by operators of vessels using that gear type is prohibited
in that area, except that this paragraph (a)(6) shall not prohibit:
(i) Deployment of hook-and-line gear by operators of vessels
fishing for halibut during seasons governed by part 301 of this title.
(ii) Deployment of pot gear by operators of vessels fishing for
crab during seasons governed by the State of Alaska.
(iii) Deployment of jig gear by operators of vessels fishing for
salmon during seasons governed by the State of Alaska.
(7) Inshore/offshore (Applicable through December 31, 1998).
(i) Operate any vessel in more than one of the three categories
included in the definition of ``inshore component,'' in Sec. 679.2,
during any fishing year.
(ii) Operate any vessel under both the ``inshore component'' and
``offshore component'' definitions in Sec. 679.2 during the same
fishing year.
(8) Fishing in Donut Hole. Except as authorized by permit issued
pursuant to the section of the Donut Hole Convention implementing
legislation authorizing NMFS to issue Donut Hole fishing permits
(Public Law 104-43, section 104(d)), it is unlawful for any person to:
(i) Fish in the Donut Hole from a vessel for which a Federal
fisheries permit has been issued pursuant to Sec. 679.4 during the year
for which the permit was issued.
(ii) Possess within the EEZ fish harvested from the Donut Hole on
board a vessel for which a Federal fisheries permit has been issued
pursuant to Sec. 679.4 during the year for which the permit was issued.
(9) Authorized fishing gear. Retain groundfish taken with other
than authorized fishing gear as defined in Sec. 679.2, except that
groundfish incidentally taken by pot gear by a vessel while
participating in an open crab season governed by the State of Alaska
may be retained for use as unprocessed bait on board that vessel.
(10) Recordkeeping and reporting. Fail to comply with or fail to
ensure compliance with requirements in Sec. 679.5.
(11) Tender vessel. Use a catcher vessel or catcher/processor as a
tender vessel before offloading all groundfish or groundfish product
harvested or processed by that vessel.
(b) Prohibitions specific to GOA--(1) Observer. Forcibly assault,
resist, impede, intimidate, or interfere with an observer placed aboard
a fishing vessel pursuant to this part.
(2) Sablefish. Engage in directed fishing for sablefish with hook-
and-line gear from a vessel that was used to deploy hook-and-line gear
within 72 hours prior to the opening of the sablefish hook-and-line
directed fishery.
(3) Halibut. With respect to halibut caught with hook-and-line gear
deployed from a vessel fishing for groundfish, except for vessels
fishing for halibut in accordance with part 301 of this title:
(i) Fail to release the halibut outboard a vessel's rails.
(ii) Release the halibut by any method other than--A) Cutting the
gangion.
(B) Positioning the gaff on the hook and twisting the hook from the
halibut.
(C) Straightening the hook by using the gaff to catch the bend of
the hook and bracing the gaff against the vessel or any gear attached
to the vessel.
(iii) Puncture the halibut with a gaff or other device.
(iv) Allow the halibut to contact the vessel, if such contact
causes, or is capable of causing, the halibut to be stripped from the
hook.
(4) Crab, when fishing for groundfish with trawl gear. Except for
pollock by vessels using pelagic trawl gear, have on board, at any
particular time, 20 or more crabs of any species that have a width of
more than 1.5 inches (38 mm) at the widest dimension, and that are
caught with trawl gear when directed fishing for groundfish with trawl
gear.
(c) Prohibitions specific to BSAI--(1) Trawl gear in Zone 1. Use a
vessel to fish with trawl gear in that part of Zone 1 closed to fishing
with trawl gear:
(i) In violation of Sec. 679.22(a)(1)(i) and (a)(2)(i), unless
specifically allowed by NMFS as provided under Sec. 679.22(a)(1)(ii)
and (a)(2)(ii).
(ii) At any time when no scientific data collection and monitoring
program exists or after such program has been terminated.
(iii) Without complying fully with a scientific data collection and
monitoring program.
(2) Incidental salmon. Discard any salmon taken incidental to a
directed fishery for BSAI groundfish by vessels using trawl gear until
notified by a NMFS-certified observer that the number of salmon has
been determined and the collection of any scientific data or biological
samples has been completed as provided in Sec. 679.21(c)(1).
(3) Prohibited species. Conduct any fishing contrary to a
notification issued under Sec. 679.21.
(4) Crab, when fishing for pollock with nonpelagic trawl gear. Have
on board at any particular time 20 or more crabs of any species that
have a width of more than 1.5 inches (38 mm) at the widest dimension,
caught with trawl gear when directed fishing for pollock with
nonpelagic trawl gear.
(d) CDQ (Applicable through December 31, 1998). (1) Participate in
a Western Alaska CDQ program in violation of subpart C of this part,
submit information that is false or inaccurate with a CDP application
or
[[Page 31250]]
request for an amendment, or exceed a CDQ as defined in Sec. 679.2.
(2) Operate a vessel that harvests pollock for credit to a CDQ
allocation when that allocation has been fully harvested.
(e) Moratorium on entry. (1) Submit false or inaccurate information
on a moratorium permit application or application to transfer
moratorium qualification.
(2) Alter, erase, or mutilate any moratorium permit.
(3) Catch and retain a moratorium species with a vessel that has a
LOA greater than the maximum LOA for the vessel.
(4) Catch and retain a moratorium species with a vessel that has
received an unauthorized transfer of moratorium qualification.
(5) Catch and retain moratorium crab species or conduct directed
fishing for any moratorium groundfish species with a vessel that has
not been issued a valid moratorium permit, unless the vessel is
lawfully conducting directed fishing for sablefish under subparts C and
D of this part.
(6) Catch and retain moratorium crab species or conduct directed
fishing for any moratorium groundfish species with a vessel that does
not have a valid moratorium permit on board, unless the vessel is
lawfully conducting directed fishing for sablefish under subparts C and
D of this part.
(f) IFQ fisheries. (1) Fail to submit, or submit inaccurate
information on, any report, application, or statement required under
this part.
(2) Intentionally submit false information on any report,
application, or statement required under this part.
(3) Retain halibut or sablefish caught with fixed gear without a
valid IFQ permit and without an IFQ card in the name of an individual
aboard.
(4) Except as provided in Sec. 679.5(l)(3), retain IFQ halibut or
IFQ sablefish on a vessel in excess of the total amount of unharvested
IFQ, applicable to the vessel category and IFQ regulatory area in which
the vessel is deploying fixed gear, and that is currently held by all
IFQ card holders aboard the vessel, unless the vessel has an observer
aboard under subpart E of this part and maintains the applicable daily
fishing log under Sec. 301.15 of this title and Sec. 679.5.
(5) Possess, buy, sell, or transport IFQ halibut or IFQ sablefish
harvested or landed in violation of any provision of this part.
(6) Make an IFQ landing without an IFQ card in the name of the
individual making the landing.
(7) Possess on a vessel or land IFQ sablefish concurrently with
non-IFQ sablefish, except that CDQ sablefish may be possessed on a
vessel and landed concurrently with IFQ sablefish.
(8) Discard Pacific cod or rockfish that are taken when IFQ halibut
or IFQ sablefish are on board, unless Pacific cod or rockfish are
required to be discarded under Sec. 679.20 or unless, in waters within
the State of Alaska, Pacific cod or rockfish are required to be
discarded by laws of the State of Alaska.
(9) Harvest on any vessel more IFQ halibut or IFQ sablefish than
are authorized under Sec. 679.42.
(10) Make an IFQ landing other than directly to (or by) a
registered buyer.
(11) Discard halibut or sablefish caught with fixed gear from any
catcher vessel when any IFQ card holder aboard holds unused halibut or
sablefish IFQ for that vessel category and the IFQ regulatory area in
which the vessel is operating, unless:
(i) Discard of halibut is required under part 301 of this title;
(ii) Discard of sablefish is required under Sec. 679.20 or, in
waters within the State of Alaska, discard of sablefish is required
under laws of the State of Alaska; or
(iii) Discard of halibut or sablefish is required under other
provisions.
(12) Make an IFQ landing without prior notice of landing and before
6 hours after such notice, except as provided in Sec. 679.5.
(13) Operate a vessel as a catcher vessel and a freezer vessel
during the same fishing trip.
(14) Any person who is issued a registered buyer permit under
Sec. 679.4(d)(2) and who also is required to obtain a Federal processor
permit under Sec. 679.4(f) may not transfer or receive sablefish
harvested in Federal waters or halibut, unless the person possesses a
valid Federal processor permit issued under Sec. 679.4.
(15) Violate any other provision under subpart D of this part.
(g) Research Plan. (1) Forcibly assault, resist, oppose, impede,
intimidate, or interfere with an observer.
(2) Interfere with or bias the sampling procedure employed by an
observer, including sorting or discarding any catch before sampling; or
tamper with, destroy, or discard an observer's collected samples,
equipment, records, photographic film, papers, or personal effects
without the express consent of the observer.
(3) Prohibit or bar by command, impediment, threat, coercion, or by
refusal of reasonable assistance, an observer from collecting samples,
conducting product recovery rate determinations, making observations,
or otherwise performing the observer's duties.
(4) Harass an observer by conduct that has sexual connotations, has
the purpose or effect of interfering with the observer's work
performance, or otherwise creates an intimidating, hostile, or
offensive environment. In determining whether conduct constitutes
harassment, the totality of the circumstances, including the nature of
the conduct and the context in which it occurred, will be considered.
The determination of the legality of a particular action will be made
from the facts on a case-by-case basis.
(5) Process or receive fish from a Research Plan fishery without a
valid permit issued pursuant to this part.
(6) Deliver fish from a Research Plan fishery to a processor not
possessing a valid permit issued pursuant to this part.
(7) Subtract from a billed fee assessment costs paid for observer
coverage under provisions of Sec. 679.50 that are based on false or
inaccurate information.
(8) Fish for or process fish without observer coverage required
under subpart E of this part.
(9) Require an observer to perform duties normally performed by
crew members, including, but not limited to, cooking, washing dishes,
standing watch, vessel maintenance, assisting with the setting or
retrieval of gear, or any duties associated with the processing of
fish, from sorting the catch to the storage of the finished product.
Sec. 679.8 Facilitation of enforcement.
See Sec. 600.740 of this chapter.
Sec. 679.9 Penalties.
See Sec. 600.735 of this chapter.
Subpart B--Management Measures
Sec. 679.20 General limitations.
This section applies to vessels engaged in directed fishing for
groundfish in the GOA and BSAI.
(a) Harvest limits--(1) OY. The OY for BSAI and GOA target species
and the ``other species'' category is a range that can be harvested
consistently with this part, plus the amounts of ``nonspecified
species'' taken incidentally to the harvest of target species and the
``other species'' category. The species categories are defined in Table
1 of the specifications as provided in paragraph (c) of this section.
(i) BSAI. The OY for groundfish in the BSAI regulated by this
section and by part 600 of this chapter is 1.4 to 2.0 million mt.
[[Page 31251]]
(ii) GOA. The OY for groundfish in the GOA regulated by this
section and by part 600 of this chapter is 116,000 to 800,000 mt.
(2) TAC. NMFS, after consultation with the Council, will specify
and apportion the annual TAC and reserves for each calendar year among
the GOA and BSAI target species and the ``other species'' categories.
TACs in the target species category may be split or combined for
purposes of establishing new TACs with apportionments thereof under
paragraph (c) of this section. The sum of the TACs so specified must be
within the OY range specified in paragraph (a)(1) of this section.
(3) Annual TAC determination. The annual determinations of TAC for
each target species and the ``other species'' category, and the
reapportionment of reserves may be adjusted, based upon a review of the
following:
(i) Biological condition of groundfish stocks. Resource assessment
documents prepared annually for the Council that provide information on
historical catch trend; updated estimates of the MSY of the groundfish
complex and its component species groups; assessments of the stock
condition of each target species and the ``other species'' category;
assessments of the multispecies and ecosystem impacts of harvesting the
groundfish complex at current levels, given the assessed condition of
stocks, including consideration of rebuilding depressed stocks; and
alternative harvesting strategies and related effects on the component
species group.
(ii) Socioeconomic considerations. Socioeconomic considerations
that are consistent with the goals of the fishery management plans for
the groundfish fisheries of the BSAI and the GOA, including the need to
promote efficiency in the utilization of fishery resources, including
minimizing costs; the need to manage for the optimum marketable size of
a species; the impact of groundfish harvests on prohibited species and
the domestic target fisheries that utilize these species; the desire to
enhance depleted stocks; the seasonal access to the groundfish fishery
by domestic fishing vessels; the commercial importance of a fishery to
local communities; the importance of a fishery to subsistence users;
and the need to promote utilization of certain species.
(4) Sablefish TAC--(i) GOA Eastern Area. Vessels in the Eastern
Area of the GOA using trawl gear will be allocated 5 percent of the
sablefish TAC for bycatch in other trawl fisheries.
(ii) GOA Central and Western Areas--(A) Hook-and-line gear. Vessels
in the Central and Western Areas of the GOA using hook-and-line gear
will be allocated 80 percent of the sablefish TAC in each of the
Central and Western areas.
(B) Trawl gear. Vessels using trawl gear will be allocated 20
percent of the sablefish TAC in these areas.
(iii) Bering Sea subarea--(A) Hook-and-line or pot gear. Vessels in
the Bering Sea subarea using hook-and-line or pot gear will be
allocated 50 percent of each TAC for sablefish.
(B) Trawl gear. Vessels in the Bering Sea subarea using trawl gear
will be allocated 50 percent of each TAC for sablefish.
(iv) Aleutian Islands subarea--(A) Hook-and-line or pot gear.
Vessels in the Aleutian Islands subarea using hook-and-line or pot gear
will be allocated 75 percent of each TAC for sablefish.
(B) Trawl gear. Vessels in the Aleutian Islands subarea using trawl
gear will be allocated 25 percent of each TAC for sablefish.
(5) Pollock TAC--(i) BSAI--(A) Seasonal allowances. The TAC of
pollock in each subarea or district of the BSAI will be divided, after
subtraction of reserves, into two allowances. The first allowance will
be available for directed fishing from 0001 hours, A.l.t., January 1,
through 1200 hours, A.l.t., April 15. The second allowance will be
available for directed fishing from 1200 hours, A.l.t., August 15,
through the end of the fishing year. Within any fishing year,
unharvested amounts of the first allowance will be added to the second
allowance, and harvests in excess of the first allowance will be
deducted from the second allowance.
(B) Apportionment to vessels using nonpelagic trawl gear-- (1)
General. NMFS, in consultation with the Council, may limit the amount
of pollock TAC that may be taken in the directed fishery for pollock
using nonpelagic trawl gear.
(2) Factors to be considered. The Regional Director must consider
the following information when limiting the amount of pollock TAC that
is apportioned to the directed fishery for pollock using nonpelagic
trawl gear:
(i) The PSC limits and PSC bycatch allowances established under
Sec. 679.21.
(ii) The projected bycatch of prohibited species that would occur
with and without a limit in the amount of pollock TAC that may be taken
in the directed fishery for pollock using nonpelagic trawl gear.
(iii) The cost of a limit in terms of amounts of pollock TAC that
may be taken with nonpelagic trawl gear on the nonpelagic and pelagic
trawl fisheries.
(iv) Other factors pertaining to consistency with the goals and
objectives of the FMP.
(3) Notification. NMFS will publish proposed and final
apportionment of pollock TAC to the directed fishery for pollock using
nonpelagic trawl gear in the Federal Register with notification of
proposed and final specifications defined in Sec. 679.20.
(ii) GOA--(A) Apportionment by area. The TAC for pollock in the
combined GOA Western and Central Regulatory Areas will be apportioned
among statistical areas 610, 620, and 630 in proportion to the
distribution of the pollock biomass as determined by the most recent
NMFS surveys.
(B) Seasonal allowances. Each apportionment will be divided into
three seasonal allowances of 25 percent, 25 percent, and 50 percent of
the apportionment, respectively, corresponding to the three fishing
seasons defined at Sec. 679.23(d)(2).
(1) Within any fishing year, any unharvested amount of any seasonal
allowance will be added proportionately to all subsequent seasonal
allowances, resulting in a sum for each allowance not to exceed 150
percent of the initial seasonal allowance.
(2) Within any fishing year, harvests in excess of a seasonal
allowance will be deducted proportionately from all subsequent seasonal
allowances.
(6) Inshore/offshore apportionments (Applicable through December
31, 1998)--(i) BSAI pollock. The apportionment of pollock in each BSAI
subarea or district, and for each seasonal allowance defined in
paragraph (a)(5)(i) of this section, will be allocated 35 percent to
vessels catching pollock for processing by the inshore component and 65
percent to vessels catching pollock for processing by the offshore
component.
(ii) GOA pollock. The apportionment of pollock in all GOA
regulatory areas and for each seasonal allowance described in paragraph
(a)(5)(ii) of this section will be allocated entirely to vessels
catching pollock for processing by the inshore component after
subtraction of an amount that is projected by the Regional Director to
be caught by, or delivered to, the offshore component incidental to
directed fishing for other groundfish species.
(iii) GOA Pacific cod. The apportionment of Pacific cod in all GOA
regulatory areas will be allocated 90 percent to vessels catching
Pacific cod for processing by the inshore component and 10 percent to
vessels catching Pacific cod for processing by the offshore component.
[[Page 31252]]
(iv) Directed fishing allowances and prohibitions. The Regional
Director may establish separate directed fishing allowances and
prohibitions authorized under paragraph (d) of this section for:
(A) BSAI pollock. Vessels catching pollock in the BSAI for
processing by the inshore component and for vessels catching pollock
for processing by the offshore component.
(B) GOA pollock. Vessels catching pollock in the GOA for processing
by the inshore component and for vessels catching pollock for
processing by the offshore component.
(C) GOA Pacific cod. Vessels catching Pacific cod in the GOA for
processing by the inshore component and for vessels catching Pacific
cod for processing by the offshore component.
(v) Reallocation--(A) BSAI pollock. If, during a fishing year, the
Regional Director determines that either the inshore or offshore
component will not be able to process the entire amount of pollock in
the BSAI allocated to vessels catching pollock for processing by that
component, NMFS will publish notification in the Federal Register that
reallocates the projected unused amount of pollock to vessels catching
pollock for processing by the other component.
(B) GOA pollock. If the Regional Director determines that the
inshore component will not be able to process the entire amount of
pollock in the GOA allocated to vessels catching pollock for processing
by the inshore component during a fishing year, NMFS will publish
notification in the Federal Register that reallocates the projected
unused amount of pollock to vessels catching pollock for processing by
the offshore component.
(C) GOA Pacific cod. If, during a fishing year, the Regional
Director determines that either the inshore or offshore component will
not be able to process the entire amount of Pacific cod in the GOA
allocated to vessels catching Pacific cod for processing by that
component, NMFS will publish notification in the Federal Register that
reallocates the projected unused amount of Pacific cod to vessels
catching Pacific cod for processing by the other component.
(7) Pacific cod TAC, BSAI (Applicable through December 31, 1996)--
(i) TAC by gear. (A) The BSAI TAC of Pacific cod, after subtraction of
reserves, will be allocated 2 percent to vessels using jig gear, 44
percent to vessels using hook-and-line or pot gear, and 54 percent to
vessels using trawl gear.
(B) The Regional Director may establish separate directed fishing
allowances and prohibitions authorized under paragraph (d) of this
section for vessels harvesting Pacific cod using jig gear, hook-and-
line or pot gear, or trawl gear.
(ii) Unused gear allocation. If, during a fishing year, the
Regional Director determines that vessels using trawl gear or hook-and-
line or pot gear will not be able to harvest the entire amount of
Pacific cod in the BSAI allocated to those vessels under paragraph
(a)(7)(i) of this section, NMFS may reallocate the projected unused
amount of Pacific cod to vessels harvesting Pacific cod using the other
gear type(s) through notification in the Federal Register.
(iii) Reallocation of TAC specified for jig gear. On or about
September 1 of each year, the Regional Director will reallocate 45
percent of any unused amount of Pacific cod in the BSAI allocated to
vessels using jig gear to vessels using hook-and-line or pot gear and
55 percent of any unused amount of Pacific cod allocated to vessels
using jig gear to vessels using trawl gear through publication in the
Federal Register.
(iv) Seasonal TAC apportionment--(A) Allocation periods. In the
publications of proposed and final harvest limit specifications
required under paragraph (c) of this section, NMFS, after consultation
with the Council, may seasonally apportion the amount of Pacific cod
TAC in the BSAI allocated to vessels using hook-and-line or pot gear
under paragraph (a)(7)(i) of this section among the following three
periods: January 1 through April 30; May 1 through August 31; and
September 1 through December 31.
(B) Factors to be considered. NMFS will base any seasonal
apportionment of the Pacific cod allocation to vessels using hook-and-
line or pot gear on the following information:
(1) Seasonal distribution of Pacific cod relative to prohibited
species distribution.
(2) Expected variations in prohibited species bycatch rates
experienced in the Pacific cod fisheries throughout the fishing year.
(3) Economic effects of any seasonal apportionment of Pacific cod
on the hook-and-line and pot-gear fisheries.
(8) All other groundfish TAC. The initial TAC for each target
species and the ``other species'' category will be 85 percent of the
TAC as provided under paragraph (b) of this section.
(b) Reserves--(1) BSAI--(i) General. Fifteen percent of the BSAI
TAC for each target species and the ``other species'' category, except
the hook-and-line and pot gear allocation for sablefish, is
automatically placed in a reserve, and the remaining 85 percent of the
TAC is apportioned for each target species and the ``other species''
category, except the hook-and-line and pot gear allocation for
sablefish.
(ii) Nonspecified reserve. The reserve is not designated by species
or species group, and any amount of the reserve may be apportioned to a
target species, except the hook-and-line gear and pot gear allocation
for sablefish, or the ``other species'' category, provided that such
apportionments are consistent with paragraph (a)(3) of this section and
do not result in overfishing of a target species or the ``other
species'' category.
(iii) Inshore/offshore reapportionment (Applicable through December
31, 1998). Any amounts of the BSAI nonspecific reserve that are
reapportioned to pollock as provided by this paragraph (b) must be
apportioned between inshore and offshore components in the same
proportion specified in paragraph (a)(6)(i) of this section.
(iv) Pacific cod (Applicable through December 31, 1996). Any
amounts of the BSAI nonspecific reserve that are apportioned to Pacific
cod as provided by this paragraph (b) must be apportioned between
vessels using jig, hook-and-line or pot, and trawl gear in the same
proportion specified in paragraph (a)(7)(i) of this section, unless the
Regional Director determines under paragraph (a)(7) (ii) or (iii) of
this section that vessels using a certain gear type will not be able to
harvest the additional amount of Pacific cod. In this case, the
nonspecific reserve will be apportioned to vessels using the other gear
type(s).
(2) GOA. Initial reserves are established for pollock, Pacific cod,
flounder, and ``other species,'' which are equal to 20 percent of the
TACs for these species or species groups.
(3) Apportionment of BSAI reserves--(i) Notification. (A) As soon
as practicable after April 1, June 1, and August 1, and on such other
dates as NMFS determines appropriate, NMFS will, by notification in the
Federal Register, apportion all or part of the BSAI reserve in
accordance with this paragraph (b).
(B) No apportionment, retention, or PSC limit adjustment may take
effect until notification has been published in the Federal Register
with a statement of the findings upon which the apportionment,
retention, or adjustment is based.
(ii) Apportionment--(A) General. Except as provided in paragraph
(b)(3)(ii)(B) of this section, NMFS will apportion the amount of BSAI
reserve that will be harvested by U.S. vessels during the remainder of
the year.
[[Page 31253]]
(B) Exception. Part or all of the reserve may be withheld if an
apportionment would adversely affect the conservation of groundfish
resources or prohibited species.
(iii) Public comment--(A) Prior comment. NMFS will provide all
interested persons an opportunity to comment on the proposed
apportionments, retentions, or PSC limit adjustments under this
paragraph (b) before such apportionments, retentions, or adjustments
are made, unless NMFS finds that there is good cause for not providing
a prior comment opportunity, and publishes the reasons therefor in the
notification of apportionment, retention, or adjustment.
(B) Submittal dates. Comments provided for in this paragraph
(b)(3)(iii) must be received by NMFS not later than 5 days before April
1, June 1, and August 1, or other dates that may be specified.
(C) Subsequent comment. If NMFS determines for good cause that
notification of apportionment, retention or PSC limit adjustment must
be issued without providing interested persons a prior opportunity for
public comment, comments on the apportionment, retention or adjustment
will be received for a period of 15 days after its effective date.
(D) Response to comments. NMFS will consider all timely comments in
deciding whether to make a proposed apportionment, retention, or PSC
limit adjustment or to modify an apportionment, retention, or
adjustment that previously has been made, and shall publish responses
to those comments in the Federal Register as soon as practicable.
(E) Data available. The Regional Director will make available to
the public during business hours the aggregate data upon which any
preliminary TAC or PSC limit figure is based or the data upon which any
apportionment or retention of surplus or reserve, or PSC limit
adjustment was or is proposed to be based. These data will be available
for a sufficient period to facilitate informed comment by interested
persons.
(c) Annual specifications--(1) Proposed specifications--
(i) General--(A) Notification. As soon as practicable after
consultation with the Council, NMFS will publish proposed
specifications for the succeeding fishing year. The proposed
specifications will reflect as accurately as possible the projected
changes in U.S. harvesting and processing capacity and the extent to
which U.S. harvesting and processing will occur during the coming year.
(B) Public comment. NMFS will accept public comment on the proposed
specifications for 30 days from the date of publication in the Federal
Register.
(ii) GOA. The GOA proposed specifications will specify annual TAC
amounts for each target species and the ``other species'' category and
apportionments thereof established under Sec. 679.20(a)(2), halibut
prohibited species catch amounts established under Sec. 679.21,
seasonal allowances of pollock, and inshore/offshore Pacific cod.
(iii) BSAI. The BSAI proposed specifications will specify the
annual TAC and initial TAC amounts for each target species and the
``other species'' category and apportionments thereof established under
Sec. 679.20(a)(2), prohibited species catch allowances established
under Sec. 679.21, seasonal allowances of pollock TAC, and reserve
amounts established under Sec. 679.31(a) and (c) for pollock CDQ and
sablefish CDQ.
(2) Interim specifications. Interim harvest specifications will be
in effect on January 1 and will remain in effect until superseded by
the filing of the final specifications by the Office of the Federal
Register. Interim specifications will be established as follows:
(i) GOA. One-fourth of each proposed TAC and apportionment thereof
(not including the reserves or the first seasonal allowance of
pollock), one-fourth of the proposed halibut prohibited species catch
amounts, and the proposed first seasonal allowance of pollock.
(ii) BSAI. Except for the hook-and-line and pot gear allocation of
sablefish, one-fourth of each proposed initial TAC and apportionment
thereof (not including the first seasonal allowance of pollock), one-
fourth of the proposed prohibited species catch allowance established
under Sec. 679.21, and the proposed first seasonal allowance of
pollock.
(3) Final specifications--(i) Notification. NMFS will consider
comments on the proposed specifications received during the comment
period and, after consultation with the Council, will publish final
specifications in the Federal Register. The final specifications will
supersede the interim specifications.
(ii) GOA. The final specifications will specify the annual TAC for
each target species and the ``other species'' category and
apportionments thereof, halibut prohibited species catch amounts, and
seasonal allowances of pollock.
(iii) BSAI. The final specifications will specify the annual TAC
for each target species and the ``other species'' category and
apportionments thereof, prohibited species catch allowances, seasonal
allowances of the pollock TAC, and the sablefish CDQ reserve amount
established under Sec. 679.31(c).
(4) Inshore/offshore allocations (Applicable through December 31,
1998). The proposed, interim, and final specifications will specify the
allocation of GOA Pacific cod, GOA pollock, and BSAI pollock for
processing by the inshore and offshore components, and any seasonal
allowances thereof, as authorized under paragraphs (a)(5) and (a)(7) of
this section.
(5) BSAI Pacific cod gear allocations (Applicable through December
31, 1996). The proposed, interim, and final specifications will specify
the allocation of BSAI Pacific cod among gear types as authorized under
paragraph (a)(7) of this section.
(d) Fishery closures--(1) Directed fishing allowance--(i) General.
If the Regional Director determines that any allocation or
apportionment of a target species or ``other species'' category
specified under paragraph (c) of this section has been or will be
reached, the Regional Director may establish a directed fishing
allowance for that species or species group.
(ii) Specified fishery amounts--(A) Inseason adjustments. The
category allocations or apportionments established under paragraph (c)
of this section may be revised by inseason adjustments for a given
species or species group or pollock allowance, as identified by
regulatory area, subarea, or district, and, if applicable, as further
identified by gear type.
(B) Incidental catch. In establishing a directed fishing allowance,
the Regional Director shall consider the amount of the allocation or
apportionment established under paragraph (c) of this section that will
be taken as incidental catch in directed fishing for other species in
the same subarea, regulatory area, or district.
(iii) Directed fishing closure--(A) Notification. If the Regional
Director establishes a directed fishing allowance for a fishery
allocation or apportionment under this paragraph (d), and that
allowance has been or will be reached before the end of the fishing
season or year, NMFS will publish notification in the Federal Register
prohibiting directed fishing in the specified subarea, regulatory area,
or district.
(B) Retention of bycatch species. If directed fishing for a target
species or the ``other species'' category is prohibited, a vessel may
not retain that bycatch species in an amount that exceeds the maximum
retainable bycatch amount, as calculated under
[[Page 31254]]
paragraphs (e) and (f) of this section, at any time during a fishing
trip.
(2) Groundfish as prohibited species closure. When the Regional
Director determines that the TAC of any target species or the ``other
species'' category specified under paragraph (c) of this section has
been or will be achieved prior to the end of a year, NMFS will publish
notification in the Federal Register requiring that target species or
the ``other species'' be treated in the same manner as a prohibited
species, as described under Sec. 679.21(b), for the remainder of the
year.
(3) Overfishing closure--(i) Notification. If, in making a
determination under paragraph (d)(2) of this section, the Regional
Director also determines that fishing for other target species or
species groups in the area, district or part thereof where the
notification applies, may lead to the overfishing of the species or
species group for which the allocation or apportionment has been or
will be reached, NMFS will publish notification in the Federal Register
specifying limitations or prohibitions designed to prevent overfishing
of that species or species group.
(ii) Limitations and prohibitions. These limitations and
prohibitions may prohibit directed fishing for other species or species
groups in the area, district, or part thereof where the notification
applies, or may limit time, area, or gear types that may be used in
directed fishing for the other species or species groups.
(iii) Factors to be considered. When making the determinations
specified under paragraphs (d)(1), (d)(2), and (d)(3) of this section,
the Regional Director may consider allowing fishing to continue or
resume with certain gear types or in certain areas and times based on
findings of:
(A) The risk of biological harm to a groundfish species or species
group for which the TAC or PSC limit is or will be reached.
(B) The risk of socioeconomic harm to authorized users of the
groundfish for which the TAC or PSC limit will be or has been reached.
(C) The impact that the continued closure might have on the
socioeconomic well-being of other domestic fisheries.
(e) Maximum retainable bycatch amounts--(1) Proportion of basis
species. The maximum retainable bycatch amount for a bycatch species or
species group is calculated as a proportion of the basis species
retained on board the vessel using the retainable percentages in Table
10 to this part for the GOA species categories and in Table 11 to this
part for the BSAI species categories.
(2) Calculation. (i) To calculate the maximum retainable bycatch
amount for a specific bycatch species, an individual retainable bycatch
amount must be calculated with respect to each basis species that is
retained on board that vessel.
(ii) To obtain these individual retainable bycatch amounts,
multiply the appropriate retainable percentage for the bycatch species/
basis species combination, set forth in Table 10 to this part for the
GOA species categories and Table 11 to this part for the BSAI species
categories, by the amount of that basis species, in round-weight
equivalents.
(iii) The maximum retainable bycatch amount for that specific
bycatch species is the sum of the individual retainable bycatch
amounts.
(f) Directed fishing calculations and determinations--(1) Round-
weight equivalents. Any determination concerning directed fishing, the
amount or percentage of any species, species group, or any fish or fish
products must be calculated in round-weight equivalents.
(2) Retainable amounts. Arrowtooth flounder, or any groundfish
species for which directed fishing is closed, may not be used to
calculate retainable amounts of other groundfish species.
(g) Allowable retention of pollock roe--(1) Percentage of pollock
roe. (i) Pollock roe retained on board a vessel at any time during a
fishing trip must not exceed 7 percent of the total round-weight
equivalent of pollock, as calculated from the primary pollock product
on board the vessel during the same fishing trip.
(ii) Determinations of allowable retention of pollock roe will be
based on amounts of pollock harvested, received, or processed during a
single fishing trip.
(iii) Pollock or pollock products from previous fishing trips that
are retained on board a vessel may not be used to determine the
allowable retention of pollock roe for that vessel.
(2) Primary product. (i) For purposes of this paragraph (g), only
one primary pollock product per fish, other than roe, may be used to
calculate the round-weight equivalent.
(ii) A primary pollock product that contains roe (such as headed
and gutted pollock with roe) may not be used to calculate the round-
weight equivalent of pollock.
(iii) The primary pollock product must be distinguished from
ancillary pollock products in the DCPL required under Sec. 679.5.
Ancillary products are those such as meal, heads, internal organs,
pectoral girdles, or any other product that may be made from the same
fish as the primary product.
(3) Pollock product recovery rates (PRRs). Only the following
product types and standard PRRs may be used to calculate round-weight
equivalents for pollock for purposes of this paragraph (g):
------------------------------------------------------------------------
Standard
product
Product code Product description recovery
rate
------------------------------------------------------------------------
07....................... Headed and gutted, western cut.. 0.65
08....................... Headed and gutted, eastern cut.. 0.56
10....................... Headed and gutted, without tail. 0.50
20....................... Fillets with skin & ribs........ 0.35
21....................... Fillets with skin on, no ribs... 0.30
22....................... Fillets with ribs, no skin...... 0.30
23....................... Fillets, skinless, boneless..... 0.21
24....................... Deep skin fillets............... 0.16
30....................... Surimi.......................... 0.16
31....................... Mince........................... 0.22
32....................... Meal............................ 0.17
------------------------------------------------------------------------
(4) Calculation of retainable pollock roe--(i) Round-weight
equivalent. (A) To calculate the amount of pollock roe that can be
retained on board during a fishing trip, first calculate the round-
weight equivalent by dividing the total
[[Page 31255]]
amount of primary product on board by the appropriate PRR.
(B) To determine the maximum mount of pollock roe that can be
retained on board a vessel during the same fishing trip, multiply the
round-weight equivalent by 0.07.
(C) Pollock roe retained on board from previous fishing trips will
not be counted.
(ii) Two or more products from different fish. (A) If two or more
products, other than roe, are made from different fish, round-weight
equivalents are calculated separately for each product.
(B) To determine the maximum amount of pollock roe that can be
retained on board a vessel during a fishing trip, add the round-weight
equivalents together; then, multiply the sum by 0.07.
(iii) Two or more products from same fish. If two or more products,
other than roe, are made from the same fish, the maximum amount of
pollock roe that can be retained during a fishing trip is determined
from the primary product.
(5) Primary pollock product--(i) Process prior to transfer. Any
primary pollock product used to calculate retainable amounts of pollock
roe must be frozen, canned, or reduced to meal by the vessel retaining
the pollock roe prior to any transfer of the product to another vessel.
(ii) No discard of processed product. Any pollock product that has
been frozen, canned, or reduced to meal may not be discarded at sea.
(h) Standard product types and standard PRRs--(1) Calculating
round-weight equivalents from standard PRRs. Round-weight equivalents
for groundfish products are calculated using the product codes and
standard PRRs specified in Table 3 of this part.
(2) Adjustments. The Regional Director may adjust standard PRRs and
product types specified in Table 3 of this part if he or she determines
that existing standard PRRs are inaccurate or if new product types are
developed.
(i) Adjustments to any standard PRR listed in Table 3 of this part
that are within and including 15 percent of that standard PRR may be
made without providing notification and opportunity for prior public
comment.
(ii) Adjustments of any standard PRR during a calendar year, when
aggregated with all other adjustments made during that year, will not
exceed 15 percent of the standard PRR listed in Table 3 of this part at
the beginning of that calendar year.
(iii) No new product type will be announced until NMFS publishes
the proposed adjustment and/or new product type in the Federal Register
and provides the public with at least 30 days opportunity for public
comment.
(iv) Any adjustment of a PRR that acts to further restrict the
fishery will not be effective until 30 days after the date of
publication in the Federal Register.
(v) If NMFS makes any adjustment or announcement without providing
a prior notification and opportunity for prior public comment, the
Regional Director will receive public comments on the adjustment or
announcement for a period of 15 days from the date of publication in
the Federal Register.
Sec. 679.21 Prohibited species bycatch management.
(a) Applicability. (1) This section applies to all vessels required
to have a Federal fisheries permit under Sec. 679.4.
(2) Except as otherwise provided, this section also applies to all
motherships and shoreside processors that receive groundfish from
vessels required to have a Federal fisheries permit under Sec. 679.4.
(b) General--(1) Definition. Prohibited species, for the purpose of
this part, means any of the species of Pacific salmon (Oncorhynchus
spp.), steelhead trout (Oncorhynchus mykiss), halibut, Pacific herring
(Clupea harengus pallasi), king crab, and Tanner crab caught by a
vessel regulated under this part while fishing for groundfish in the
BSAI or GOA, unless retention is authorized by other applicable laws,
including part 301 of this title.
(2) Prohibited species catch restrictions. The operator of each
vessel engaged in directed fishing for groundfish in the GOA or BSAI
must:
(i) Minimize its catch of prohibited species.
(ii) Sort its catch as soon as possible after retrieval of the gear
and, except as provided under paragraph (c) of this section, must
return all prohibited species or parts thereof to the sea immediately,
with a minimum of injury, regardless of its condition, after allowing
for sampling by an observer if an observer is aboard.
(3) Rebuttable presumption. Except as provided under paragraph (c)
of this section, it will be a rebuttable presumption that any
prohibited species retained on board a fishing vessel regulated under
this part was caught and retained in violation of this section.
(4) Prohibited species taken seaward of the EEZ off Alaska. No
vessel fishing for groundfish in the GOA or BSAI may have on board any
species listed in this paragraph (b) that was taken in waters seaward
of these management areas, regardless of whether retention of such
species was authorized by other applicable laws.
(c) Salmon taken in BSAI trawl fishery--(1) Salmon discard. Except
as provided in paragraph (c)(3) of this section, the operator of a
vessel and the manager of a shoreside processor must not discard any
salmon taken incidental to a directed fishery for BSAI groundfish by
vessels using trawl gear until the number of salmon has been determined
by a NMFS-certified observer and the collection of any scientific data
or biological samples from the salmon has been completed.
(2) Salmon retention and storage. (i) Operators of vessels carrying
observers aboard and whose fishing operations allow for sorting of BSAI
groundfish catch for salmon must retain all salmon bycatch from each
haul in a separate bin or other location that allows an observer free
and unobstructed physical access to the salmon to count each fish and
collect any scientific data or biological samples. Salmon from
different hauls must be retained separately in a manner that identifies
the haul from which the salmon were taken.
(ii) Operators of vessels not carrying observers aboard or whose
fishing operations do not allow for sorting of BSAI groundfish catch
for salmon must ice, freeze, or store in a refrigerated saltwater tank
all salmon taken as bycatch in trawl operations for delivery to the
processor receiving the vessel's BSAI groundfish catch.
(iii) Processors receiving BSAI groundfish harvested in a directed
fishery for groundfish using trawl gear must retain all salmon
delivered by each trawl vessel during a weekly reporting period in
separate bins marked with the vessel's name and ADF&G fish ticket
number(s) for each delivery until a NMFS-certified observer has counted
each salmon and collected any scientific data or biological samples
from the salmon delivered to the processor by that vessel. Processors
without an observer present must store whole salmon in an iced or
frozen state until an observer is available to count each fish. Salmon
must be stored at a location that allows an observer free and
unobstructed physical access to each salmon.
(3) Exemption. Motherships and shoreside processors that are exempt
from obtaining observer coverage during a month under Sec. 679.52 are
exempt from mandatory retention of salmon.
(4) Assignment of crew to assist observer. Operators of vessels and
managers of shoreside processors that are required to retain salmon
under paragraph (c)(1) of this section must designate and identify to
the NMFS-
[[Page 31256]]
certified observer aboard the vessel or at the shoreside processor a
crew person or employee to be responsible for sorting, retention, and
storage of salmon. Upon request of the NMFS-certified observer, the
designated crew person or employee also is responsible for counting
salmon and taking biological samples from retained salmon under the
direction of the observer.
(5) Release of salmon. Salmon must be returned to Federal waters as
soon as is practicable, with a minimum of injury, regardless of
condition, following notification by a NMFS-certified observer that the
number of salmon has been determined and the collection of any
scientific data or biological samples has been completed.
(d) GOA halibut PSC limits. This section is applicable for vessels
engaged in directed fishing for groundfish in the GOA.
(1) Notification--(i) Proposed and final limits and apportionments.
NMFS will publish annually in the Federal Register proposed and final
halibut PSC limits and apportionments thereof in the notification
required under Sec. 679.20.
(ii) Modification of limits. NMFS, by notification in the Federal
Register, may change the halibut PSC limits during the year for which
they were specified, based on new information of the types set forth in
this paragraph (d)(1).
(2) Public comment. NMFS will accept public comment on the proposed
halibut PSC limits, and apportionments thereof, for a period of 30 days
from the date of publication in the Federal Register. NMFS will
consider comments received on proposed halibut limits and, after
consultation with the Council, will publish notification in the Federal
Register specifying the final halibut PSC limits and apportionments
thereof.
(3) Trawl gear proposed halibut limit--(i) Notification. After
consultation with the Council, NMFS will publish notification in the
Federal Register specifying the proposed halibut PSC limit for vessels
using trawl gear.
(ii) Bycatch allowance. The halibut PSC limit specified for vessels
using trawl gear may be further apportioned as bycatch allowances to
the fishery categories listed in paragraph (d)(3)(iii) of this section,
based on each category's proportional share of the anticipated halibut
bycatch mortality during a fishing year and the need to optimize the
amount of total groundfish harvest under the halibut PSC limit. The sum
of all bycatch allowances will equal the halibut PSC limit established
under this paragraph (d).
(iii) Trawl fishery categories. For purposes of apportioning the
trawl halibut PSC limit among fisheries, the following fishery
categories are specified and defined in terms of round-weight
equivalents of those GOA groundfish species for which a TAC has been
specified under Sec. 679.20:
(A) Shallow-water species fishery. Fishing with trawl gear during
any weekly reporting period that results in a retained aggregate catch
of pollock, Pacific cod, shallow-water flatfish, flathead sole, Atka
mackerel, and ``other species'' that is greater than the retained
aggregate amount of other GOA groundfish species or species group.
(B) Deep-water species fishery. Fishing with trawl gear during any
weekly reporting period that results in a retained catch of groundfish
and is not a shallow-water species fishery as defined under paragraph
(d)(3)(iii)(A) of this section.
(4) Hook-and-line and pot gear fisheries--(i) Notification. After
consultation with the Council, NMFS will publish notification in the
Federal Register specifying the proposed and final halibut PSC limits
for vessels using hook-and-line gear. The notification also may specify
a halibut PSC limit for the pot gear fisheries.
(ii) Halibut bycatch allowance. The halibut PSC limit specified for
vessels using hook-and-line gear may be further apportioned, as bycatch
allowances, to the fishery categories listed in paragraph (d)(4)(iii)
of this section, based on each category's proportional share of the
anticipated halibut bycatch mortality during a fishing year and the
need to optimize the amount of total groundfish harvest under the
halibut PSC limit. The sum of all bycatch allowances will equal the
halibut PSC limit established under this paragraph (d).
(iii) Hook-and-line fishery categories. For purposes of
apportioning the hook-and-line halibut PSC limit among fisheries, the
following fishery categories are specified and defined in terms of
round-weight equivalents of those GOA groundfish species for which a
TAC has been specified under Sec. 679.20.
(A) Demersal shelf rockfish in the Southeast Outside District.
Fishing with hook-and-line gear in the Southeast Outside District of
the GOA Eastern Regulatory Area (SEEO) during any weekly reporting
period that results in a retained catch of demersal shelf rockfish that
is greater than the retained amount of any other fishery category
defined under this paragraph (d)(4)(iii).
(B) Sablefish fishery. Fishing with hook-and-line gear during any
weekly reporting period that results in a retained catch of sablefish
that is greater than the retained amount of any other fishery category
defined under this paragraph (d)(4)(iii).
(C) Other hook-and-line fishery. Fishing with hook-and-line gear
during any weekly reporting period that results in a retained catch of
groundfish and is not a demersal shelf rockfish fishery or a sablefish
fishery defined under paragraphs (d)(4)(iii)(A) and (B) of this
section.
(5) Seasonal apportionments--(i) General. NMFS, after consultation
with the Council, may apportion each halibut PSC limit or bycatch
allowance specified under this paragraph (d) on a seasonal basis.
(ii) Factors to be considered. NMFS will base any seasonal
apportionment of a halibut PSC limit or bycatch allowance on the
following types of information:
(A) Seasonal distribution of halibut.
(B) Seasonal distribution of target groundfish species relative to
halibut distribution.
(C) Expected halibut bycatch needs, on a seasonal basis, relative
to changes in halibut biomass and expected catches of target groundfish
species.
(D) Expected variations in bycatch rates throughout the fishing
year.
(E) Expected changes in directed groundfish fishing seasons.
(F) Expected start of fishing effort.
(G) Economic effects of establishing seasonal halibut allocations
on segments of the target groundfish industry.
(iii) Unused seasonal apportionments. Unused seasonal
apportionments of halibut PSC limits specified for trawl, hook-and-
line, or pot gear will be added to the respective seasonal
apportionment for the next season during a current fishing year.
(iv) Seasonal apportionment exceeded. If a seasonal apportionment
of a halibut PSC limit specified for trawl, hook-and-line, or pot gear
is exceeded, the amount by which the seasonal apportionment is exceeded
will be deducted from the respective apportionment for the next season
during a current fishing year.
(6) Apportionment among regulatory areas and districts. Each
halibut PSC limit specified under this paragraph (d) also may be
apportioned among the GOA regulatory areas and districts.
(7) Halibut PSC closures--(i) Trawl gear fisheries. If, during the
fishing year, the Regional Director determines that U.S. fishing
vessels participating in either of the trawl fishery categories listed
in paragraph (d)(3)(iii) (A) or (B) of this section will catch the
halibut bycatch allowance, or apportionments thereof, specified for
that fishery category under paragraph (d)(1) of this section, NMFS will
publish notification
[[Page 31257]]
in the Federal Register closing the entire GOA or the applicable
regulatory area or district to directed fishing with trawl gear for
each species and/or species group that comprises that fishing category;
provided, however, that when the halibut bycatch allowance, or seasonal
apportionment thereof, specified for the shallow-water species fishery
is reached, fishing for pollock by vessels using pelagic trawl gear may
continue, consistent with other provisions of this part.
(ii) Hook-and-line fisheries. If, during the fishing year, the
Regional Director determines that U.S. fishing vessels participating in
any of the three hook-and-line gear fishery categories listed under
paragraph (d)(4)(iii) of this section will catch the halibut bycatch
allowance, or apportionments thereof, specified for that fishery
category under paragraph (d)(1) of this section, NMFS will publish
notification in the Federal Register closing the entire GOA or the
applicable regulatory area or district to directed fishing with hook-
and-line gear for each species and/or species group that comprises that
fishing category.
(iii) Pot gear fisheries. If, during the fishing year, the
Regional Director determines that the catch of halibut by operators of
vessels using pot gear to participate in a directed fishery for
groundfish will reach the halibut PSC limit, or seasonal apportionment
thereof, NMFS will publish notification in the Federal Register
prohibiting directed fishing for groundfish by vessels using pot gear
for the remainder of the season to which the halibut PSC limit or
seasonal apportionment applies.
(iv) Nonpelagic trawl gear fisheries--(A) Continued fishing under
specified conditions. When the vessels to which a halibut PSC limit
applies have caught an amount of halibut equal to that PSC, the
Regional Director may, by notification in the Federal Register, allow
some or all of those vessels to continue to fish for groundfish using
nonpelagic trawl gear under specified conditions, subject to the other
provisions of this part.
(B) Factors to be considered. In authorizing and conditioning such
continued fishing with bottom-trawl gear, the Regional Director will
take into account the following considerations, and issue relevant
findings:
(1) The risk of biological harm to halibut stocks and of socio-
economic harm to authorized halibut users posed by continued bottom
trawling by these vessels.
(2) The extent to which these vessels have avoided incidental
halibut catches up to that point in the year.
(3) The confidence of the Regional Director in the accuracy of the
estimates of incidental halibut catches by these vessels up to that
point in the year.
(4) Whether observer coverage of these vessels is sufficient to
assure adherence to the prescribed conditions and to alert the Regional
Director to increases in their incidental halibut catches.
(5) The enforcement record of owners and operators of these
vessels, and the confidence of the Regional Director that adherence to
the prescribed conditions can be assured in light of available
enforcement resources.
(e) BSAI PSC limits--(1) Trawl gear--(i) Red king crab. The PSC
limit of red king crab caught while conducting any trawl fishery for
groundfish in Zone 1 during any fishing year is 200,000 red king crabs.
(ii) Tanner crab (C. bairdi), Zone 1. The PSC limit of C. bairdi
Tanner crabs caught while conducting any trawl fishery for groundfish
in Zone 1 during any fishing year is 1 million animals.
(iii) Tanner crab (C. bairdi), Zone 2. The PSC limit of C. bairdi
Tanner crabs caught while conducting any trawl fishery for groundfish
in Zone 2 during any fishing year is 3 million animals.
(iv) Halibut. The PSC limit of halibut caught while conducting any
trawl fishery for groundfish in the BSAI during any fishing year is an
amount of halibut equivalent to 3,775 mt of halibut mortality.
(v) Pacific herring. The PSC limit of Pacific herring caught while
conducting any domestic trawl fishery for groundfish in the BSAI is 1
percent of the annual eastern Bering Sea herring biomass. The PSC limit
will be apportioned into annual herring PSC allowances, by target
fishery, and will be published along with the annual herring PSC limit
in the Federal Register with the proposed and final groundfish
specifications defined in Sec. 679.20.
(vi) Chinook salmon. The PSC limit of chinook salmon caught while
conducting any trawl fishery for groundfish in the BSAI between January
1 and April 15 is 48,000 fish.
(vii) Non-chinook salmon. The PSC limit of non-chinook salmon
caught by vessels using trawl gear during August 15 through October 14
in the CVOA is 42,000 fish.
(2) Nontrawl gear, halibut. The PSC limit of halibut caught while
conducting any nontrawl fishery for groundfish in the BSAI during any
fishing year is an amount of halibut equivalent to 900 mt of halibut
mortality.
(3) PSC apportionment to trawl fisheries--(i) General. NMFS, after
consultation with the Council, will apportion each PSC limit set forth
in paragraphs (e)(1)(i) through (vii) of this section into bycatch
allowances for fishery categories defined in paragraph (e)(3)(iv) of
this section, based on each category's proportional share of the
anticipated incidental catch during a fishing year of prohibited
species for which a PSC limit is specified and the need to optimize the
amount of total groundfish harvested under established PSC limits. The
sum of all bycatch allowances of any prohibited species will equal its
PSC limit.
(ii) Red king crab, C. bairdi Tanner crab, and halibut--(A)
General. For vessels engaged in directed fishing for groundfish in the
GOA or BSAI, the PSC limits for red king crab, C. bairdi Tanner crab,
and halibut will be apportioned to the trawl fishery categories defined
in paragraphs (e)(3)(iv) (B) through (F) of this section.
(B) Incidental catch in midwater pollock fishery. Any amount of red
king crab, C. bairdi Tanner crab, or halibut that is incidentally taken
in the midwater pollock fishery as defined in paragraph (e)(3)(iv)(A)
of this section will be counted against the bycatch allowances
specified for the pollock/Atka mackerel/``other species'' category
defined in paragraph (e)(3)(iv)(F) of this section.
(iii) Pacific herring. The PSC limit for Pacific herring will be
apportioned to the BSAI trawl fishery categories defined in paragraphs
(e)(3)(iv) (A) through (F) of this section.
(iv) Trawl fishery categories. For purposes of apportioning trawl
PSC limits among fisheries, the following fishery categories are
specified and defined in terms of round-weight equivalents of those
groundfish species or species groups for which a TAC has been specified
under Sec. 679.20.
(A) Midwater pollock fishery. Fishing with trawl gear during any
weekly reporting period that results in a catch of pollock that is 95
percent or more of the total amount of groundfish caught during the
week.
(B) Flatfish fishery. Fishing with trawl gear during any weekly
reporting period that results in a retained aggregate amount of rock
sole, ``other flatfish,'' and yellowfin sole that is greater than the
retained amount of any other fishery category defined under this
paragraph (e)(3)(iv).
(1) Yellowfin sole fishery. Fishing with trawl gear during any
weekly reporting period that is defined as a flatfish fishery under
this paragraph (e)(3)(iv)(B) and results in a retained amount of
yellowfin sole that is 70 percent or more of the retained
[[Page 31258]]
aggregate amount of rock sole, ``other flatfish,'' and yellowfin sole.
(2) Rock sole/flathead sole/``other flatfish'' fishery. Fishing
with trawl gear during any weekly reporting period that is defined as a
flatfish fishery under this paragraph (e)(3)(iv)(B) and is not a
yellowfin sole fishery as defined under paragraph (e)(3)(iv)(B)(1) of
this section.
(C) Greenland turbot/arrowtooth flounder/sablefish fishery. Fishing
with trawl gear during any weekly reporting period that results in a
retained aggregate amount of Greenland turbot, arrowtooth flounder, and
sablefish that is greater than the retained amount of any other fishery
category defined under this paragraph (e)(3)(iv).
(D) Rockfish fishery. Fishing with trawl gear during any weekly
reporting period that results in a retained aggregate amount of
rockfish species of the genera Sebastes and Sebastolobus that is
greater than the retained amount of any other fishery category defined
under this paragraph (e)(3)(iv).
(E) Pacific cod fishery. Fishing with trawl gear during any weekly
reporting period that results in a retained aggregate amount of Pacific
cod that is greater than the retained amount of any other groundfish
fishery category defined under this paragraph (e)(3)(iv).
(F) Pollock/Atka mackerel/``other species.'' Fishing with trawl
gear during any weekly reporting period that results in a retained
aggregate amount of pollock other than pollock harvested in the
midwater pollock fishery defined under paragraph (e)(3)(i
FR Doc. 96-14593 Fisheries of the Exclusive Economic Zone Off Alaska
v)(A) of this
section, Atka mackerel, and ``other species'' that is greater than the
retained amount of any other fishery category defined under this
paragraph (e)(3)(iv).
(4) Halibut apportionment to nontrawl fishery categories--(i)
General. NMFS, after consultation with the Council, may apportion the
halibut PSC limit for nontrawl gear set forth under paragraph (e)(2) of
this section into bycatch allowances for nontrawl fishery categories
defined under paragraph (e)(4)(ii) of this section, based on each
category's proportional share of the anticipated bycatch mortality of
halibut during a fishing year and the need to optimize the amount of
total groundfish harvested under the nontrawl halibut PSC limit. The
sum of all halibut bycatch allowances will equal the halibut PSC limit
established in paragraph (e)(2) of this section.
(ii) Nontrawl fishery categories. For purposes of apportioning the
nontrawl halibut PSC limit among fisheries, the following fishery
categories are specified and defined in terms of round-weight
equivalents of those BSAI groundfish species for which a TAC has been
specified under Sec. 679.20.
(A) Pacific cod hook-and-line fishery. Fishing with hook-and-line
gear during any weekly reporting period that results in a retained
catch of Pacific cod that is greater than the retained amount of any
other groundfish species.
(B) Sablefish hook-and-line fishery. Fishing with hook-and-line
gear during any weekly reporting period that results in a retained
catch of sablefish that is greater than the retained amount of any
other groundfish species.
(C) Groundfish jig gear fishery. Fishing with jig gear during any
weekly reporting period that results in a retained catch of groundfish.
(D) Groundfish pot gear fishery. Fishing with pot gear under
restrictions set forth in Sec. 679.24(b) during any weekly reporting
period that results in a retained catch of groundfish.
(E) Other nontrawl fisheries. Fishing for groundfish with nontrawl
gear during any weekly reporting period that results in a retained
catch of groundfish and does not qualify as a Pacific cod hook-and-line
fishery, a sablefish hook-and-line fishery, a jig gear fishery, or a
groundfish pot gear fishery as defined under paragraph (e)(4)(ii) of
this section.
(5) Seasonal apportionments of bycatch allowances--(i) General.
NMFS, after consultation with the Council, may apportion fishery
bycatch allowances on a seasonal basis.
(ii) Factors to be considered. NMFS will base any seasonal
apportionment of a bycatch allowance on the following types of
information:
(A) Seasonal distribution of prohibited species;
(B) Seasonal distribution of target groundfish species relative to
prohibited species distribution;
(C) Expected prohibited species bycatch needs on a seasonal basis
relevant to change in prohibited species biomass and expected catches
of target groundfish species;
(D) Expected variations in bycatch rates throughout the fishing
year;
(E) Expected changes in directed groundfish fishing seasons;
(F) Expected start of fishing effort; or
(G) Economic effects of establishing seasonal prohibited species
apportionments on segments of the target groundfish industry.
(iii) Seasonal trawl fishery bycatch allowances--(A) Unused
seasonal apportionments. Unused seasonal apportionments of trawl
fishery bycatch allowances made under this paragraph (e)(5) will be
added to its respective fishery bycatch allowance for the next season
during a current fishing year.
(B) Seasonal apportionment exceeded. If a seasonal apportionment of
a trawl fishery bycatch allowance made under paragraph (d)(5) of this
section is exceeded, the amount by which the seasonal apportionment is
exceeded will be deducted from its respective apportionment for the
next season during a current fishing year.
(iv) Seasonal nontrawl fishery bycatch allowances--(A) Unused
seasonal apportionments. Any unused portion of a seasonal nontrawl
fishery bycatch allowance made under this paragraph (e)(5) will be
reapportioned to the fishery's remaining seasonal bycatch allowances
during a current fishing year in a manner determined by NMFS, after
consultation with the Council, based on the types of information listed
under paragraph (e)(5)(ii) of this section.
(B) Seasonal apportionment exceeded. If a seasonal apportionment of
a nontrawl fishery bycatch allowance made under this paragraph (e)(5)
is exceeded, the amount by which the seasonal apportionment is exceeded
will be deducted from the fishery's remaining seasonal bycatch
allowances during a current fishing year in a manner determined by
NMFS, after consultation with the Council, based on the types of
information listed under paragraph (e)(5)(ii) of this section.
(6) Notification--(i) General. NMFS will publish annually in the
Federal Register the proposed and final bycatch allowances, seasonal
apportionments thereof, and the manner in which seasonal apportionments
of nontrawl fishery bycatch allowances will be managed, as required
under this paragraph (e).
(ii) Public comment. Public comment will be accepted by NMFS on the
proposed bycatch allowances, seasonal apportionments thereof, and the
manner in which seasonal apportionments of nontrawl fishery bycatch
allowances will be managed, for a period of 30 days from the date of
publication in the Federal Register.
(7) Trawl PSC closures--(i) Exception. When a bycatch allowance, or
seasonal apportionment thereof, specified for the pollock/Atka
mackerel/''other species'' fishery category is reached, only directed
fishing for pollock is closed to trawl vessels using nonpelagic trawl
gear.
(ii) Red king crab or C. bairdi Tanner crab, Zone 1, closure.
Except as provided in paragraph (e)(7)(i) of this section, if, during
the fishing year, the Regional Director determines that U.S. fishing
vessels participating in any of the fishery categories listed in
paragraphs (e)(3)(iv)(B) through (F) of this section will catch the
Zone 1 bycatch allowance, or seasonal apportionment thereof, of red
king crab
[[Page 31259]]
or C. bairdi Tanner crab specified for that fishery category under
paragraph (e)(3) of this section, NMFS will publish in the Federal
Register the closure of Zone 1 to directed fishing for each species
and/or species group in that fishery category for the remainder of the
year or for the remainder of the season.
(iii) Red king crab or C. bairdi Tanner crab, Zone 2, closure.
Except as provided in paragraph (e)(7)(i) of this section, if, during
the fishing year, the Regional Director determines that U.S. fishing
vessels participating in any of the fishery categories listed in
paragraphs (e)(3)(iv)(B) through (F) of this section will catch the
Zone 2 bycatch allowance, or seasonal apportionment thereof, of red
king crab or C. bairdi Tanner crab specified for that fishery category
under paragraph (e)(3) of this section, NMFS will publish in the
Federal Register the closure of Zone 2 to directed fishing for each
species and/or species group in that fishery category for the remainder
of the year or for the remainder of the season.
(iv) Halibut closure. Except as provided in paragraph (e)(7)(i) of
this section, if, during the fishing year, the Regional Director
determines that U.S. fishing vessels participating in any of the trawl
fishery categories listed in paragraphs (e)(3)(iv)(B) through (F) of
this section in the BSAI will catch the halibut bycatch allowance, or
seasonal apportionment thereof, specified for that fishery category
under paragraph (e)(3) of this section, NMFS will publish in the
Federal Register the closure of the entire BSAI to directed fishing for
each species and/or species group in that fishery category for the
remainder of the year or for the remainder of the season.
(v) Pacific herring--(A) Closure. Except as provided in paragraph
(e)(7)(v)(B) of this section, if, during the fishing year, the Regional
Director determines that U.S. fishing vessels participating in any of
the fishery categories listed in paragraphs (e)(3)(iv)(A) through (F)
of this section in the BSAI will catch the herring bycatch allowance,
or seasonal apportionment thereof, specified for that fishery category
under paragraph (e)(3) of this section, NMFS will publish in the
Federal Register the closure of the Herring Savings Area as defined in
Figure 4 of this part to directed fishing for each species and/or
species group in that fishery category.
(B) Exceptions--(1) Midwater pollock. When the midwater pollock
fishery category reaches its specified bycatch allowance, or seasonal
apportionment thereof, the Herring Savings Areas are closed to directed
fishing for pollock with trawl gear.
(2) Pollock/Atka mackerel/ ``other species''. When the pollock/Atka
mackerel/''other species'' fishery category reaches its specified
bycatch allowance, or seasonal apportionment thereof, the Herring
Savings Areas are closed to directed fishing for pollock by trawl
vessels using nonpelagic trawl gear.
(vi) Chum salmon--(A) Trawling prohibitions. (1) Trawling is
prohibited from August 1 through August 31 in the Chum Salmon Savings
Area.
(2) If the Regional Director determines that 42,000 non-chinook
salmon have been caught by vessels using trawl gear during August 15
through October 14 in the CVOA defined under Sec. 679.22(a)(5), NMFS
will prohibit fishing with trawl gear for the remainder of the period
September 1 through October 14 in the Chum Salmon Savings Area as
defined in paragraph (e)(7)(vi)(B) of this section.
(B) Chum Salmon Savings Area of the CVOA. The Chum Salmon Savings
Area is an area defined by straight lines connecting the following
coordinates in the order listed:
56 deg.00' N. lat., 167 deg.00' W. long.
56 deg.00' N. lat., 165 deg.00' W. long.
55 deg.30' N. lat., 165 deg.00' W. long.
55 deg.30' N. lat., 164 deg.00' W. long.
55 deg.00' N. lat., 164 deg.00' W. long.
55 deg.00' N. lat., 167 deg.00' W. long.
56 deg.00' N. lat., 167 deg.00' W. long.
(vii) Chinook salmon--(A) Closure. When the Regional Director
determines that 48,000 chinook salmon have been caught by vessels using
trawl gear in the BSAI during the time period from January 1 through
April 15, NMFS will prohibit fishing with trawl gear for the remainder
of that period within the Chinook Salmon Savings Area defined in
paragraph (e)(7)(vii)(B) of this section.
(B) Chinook Salmon Savings Area. The Chinook Salmon Savings Area is
defined in the following three areas of the BSAI:
(1) The area defined by straight lines connecting the following
coordinates in the order listed:
56 deg.30' N. lat., 171 deg.00' W. long.
56 deg.30' N. lat., 169 deg.00' W. long.
56 deg.00' N. lat., 169 deg.00' W. long.
56 deg.00' N. lat., 171 deg.00' W. long.
56 deg.30' N. lat., 171 deg.00' W. long.
(2) The area defined by straight lines connecting the following
coordinates in the order listed:
54 deg.00' N. lat., 171 deg.00' W. long.
54 deg.00' N. lat., 170 deg.00' W. long.
53 deg.00' N. lat., 170 deg.00' W. long.
53 deg.00' N. lat., 171 deg.00' W. long.
54 deg.00' N. lat., 171 deg.00' W. long.
(3) The area defined by straight lines connecting the following
coordinates in the order listed:
56 deg.00' N. lat., 165 deg.00' W. long.
56 deg.00' N. lat., 164 deg.00' W. long.
55 deg.00' N. lat., 164 deg.00' W. long.
55 deg.00' N. lat., 165 deg.00' W. long.
54 deg.30' N. lat., 165 deg.00' W. long.
54 deg.30' N. lat., 167 deg.00' W. long.
55 deg.00' N. lat., 167 deg.00' W. long.
55 deg.00' N. lat., 166 deg.00' W. long.
55 deg.30' N. lat., 166 deg.00' W. long.
55 deg.30' N. lat., 165 deg.00' W. long.
56 deg.00' N. lat., 165 deg.00' W. long.
(8) Nontrawl halibut closures. If, during the fishing year, the
Regional Director determines that U.S. fishing vessels participating in
any of the nontrawl fishery categories listed under paragraph (e)(4) of
this section will catch the halibut bycatch allowance, or seasonal
apportionment thereof, specified for that fishery category under
paragraph (e)(4)(ii) of this section, NMFS will publish in the Federal
Register the closure of the entire BSAI to directed fishing with the
relevant gear type for each species and/or species group in that
fishery category.
(f) Program to reduce prohibited species bycatch rates--(1)
Requirements--(i) General. A vessel's bycatch rate, as calculated at
the end of a fishing month under paragraph (f)(8)(ii) of this section,
while participating in the fisheries identified in paragraph (f)(2) of
this section, shall not exceed bycatch rate standards referenced in
paragraph (f)(3) of this section.
(ii) Applicability. A vessel is subject to this paragraph (f) if
the groundfish catch of the vessel is observed on board the vessel, or
on board a mothership that receives unsorted codends from the vessel,
at any time during a weekly reporting period, and the vessel is
assigned to one of the fisheries defined under paragraph (f)(2) of this
section.
(2) Assigned fisheries. During any weekly reporting period, a
vessel's observed catch composition of groundfish species for which a
TAC has been specified in the GOA or BSAI will determine the fishery to
which the vessel is assigned, as follows:
(i) GOA midwater pollock fishery means fishing with trawl gear in
the GOA that results in an observed catch of groundfish from the GOA
during any weekly reporting period that is composed of 95 percent or
more of pollock when the directed fishery for pollock by vessels using
trawl gear other than pelagic trawl gear is closed.
(ii) GOA other trawl fishery means fishing with trawl gear in the
GOA that results in an observed catch of groundfish from the GOA during
any
[[Page 31260]]
weekly reporting period that does not qualify as a midwater pollock
fishery under paragraph (f)(2)(i) of this section.
(iii) BSAI midwater pollock fishery means fishing with trawl gear
in the BSAI that results in an observed catch of groundfish from the
BSAI during any weekly reporting period that is composed of 95 percent
or more of pollock when the directed fishery for pollock by vessels
using trawl gear other than pelagic trawl gear is closed.
(iv) BSAI yellowfin sole fishery means fishing with trawl gear in
the BSAI that results in a retained aggregate amount of rock sole,
``other flatfish,'' and yellowfin sole caught in the BSAI during any
weekly reporting period that is greater than the retained amount of any
other fishery under this paragraph (f)(2) and results in a retained
amount of BSAI yellowfin sole that is 70 percent or more of the
retained aggregate amount of BSAI rock sole, ``other flatfish,'' and
yellowfin sole.
(v) BSAI bottom pollock fishery means fishing with trawl gear in
the BSAI that results in a retained amount of pollock caught in the
BSAI during any weekly reporting period other than pollock harvested in
the midwater pollock fishery in the BSAI defined in paragraph
(f)(2)(iii) of this section, that is greater than the retained amount
of any other fishery defined under this paragraph (f)(2).
(vi) BSAI other trawl fishery means fishing with trawl gear in the
BSAI that results in a retained amount of groundfish caught in the BSAI
during any weekly reporting period that does not qualify as a midwater
pollock, yellowfin sole, or bottom pollock fishery.
(3) Notification of bycatch rate standards--(i) Prior notice. Prior
to January 1 and July 1 of each year, the Regional Director will
publish notification in the Federal Register specifying bycatch rate
standards for the fisheries identified in this paragraph (f) that will
be in effect for specified seasons within the 6-month periods of
January 1 through June 30 and July 1 through December 31, respectively.
(ii) Adjustments. The Regional Director may adjust bycatch rate
standards as frequently as he or she considers appropriate.
(4) Factors upon which bycatch rate standards are based. Bycatch
rate standards for a fishery and adjustments to such standards will be
based on the following information and considerations:
(i) Previous years' average observed bycatch rates for that
fishery.
(ii) Immediately preceding season's average observed bycatch rates
for that fishery.
(iii) The bycatch allowances and associated fishery closures
specified under paragraphs (d) and (e) of this section.
(iv) Anticipated groundfish harvests for that fishery.
(v) Anticipated seasonal distribution of fishing effort for
groundfish.
(vi) Other information and criteria deemed relevant by the Regional
Director.
(5) Public comment--(i) Prior comment. Bycatch rate standards or
adjustments to such standards specified under this section will not
take effect until NMFS has published the proposed bycatch rate
standards or adjustments to such standards in the Federal Register for
public comment for a period of 30 days, unless NMFS finds for good
cause that such notification and public comment are impracticable,
unnecessary, or contrary to the public interest.
(ii) Comment after notification. If NMFS decides, for good cause,
that bycatch rate standards or adjustments to such standards are to be
made effective without affording a prior opportunity for public
comment, public comments on the necessity for, and extent of, bycatch
rate standards or adjustments to such standards will be received by the
Regional Director for a period of 15 days after the effective date of
notification.
(iii) Public inspection of data. During any such 15-day period, the
Regional Director will make available for public inspection, during
business hours, the aggregate data upon which bycatch rate standards or
adjustments to such standards were based.
(iv) Written comments. If written comments are received during any
such 15-day period that oppose or protest bycatch rate standards or
adjustments to such standards issued under this section, NMFS will
reconsider the necessity for the bycatch standards or adjustment to
such standards and, as soon as practicable after that reconsideration,
will either--
(A) Publish in the Federal Register notification of continued
effectiveness of bycatch rate standards or adjustment to such
standards, responding to comments received; or
(B) Modify or rescind bycatch rate standards or adjustment to such
standards.
(6) Notification of adjustment to bycatch rate standards.
Notification of adjustments to bycatch rate standards issued by NMFS
under paragraph (f)(3) of this section will include the following
information:
(i) A description of the adjustment to one or more bycatch rate
standards specified for a fishery.
(ii) The reasons for the adjustment and the determinations required
under paragraph (f)(4) of this section.
(iii) The effective date and any termination date of such
adjustment. If no termination date is specified, the adjustment will
remain in effect until revised by subsequent notification in the
Federal Register.
(7) Vessel bycatch rates--(i) Observed data. For purposes of this
section, observed data collected for each haul sampled during a day
will include: Date; Federal reporting area where trawl gear for the
haul was retrieved; total round weight of groundfish, in metric tons in
the portion of the haul sampled by groundfish species or species group
for which a TAC has been specified under Sec. 679.20; and total round
weight of halibut, in kilograms, in the portion of the haul sampled.
Observer data from the BSAI trawl fisheries also will include the total
number of red king crab in the portion of the haul sampled.
(ii) Observer sampling procedures. (A) NMFS will randomly
predetermine the hauls to be sampled by an observer during the time the
observer is on a vessel.
(B) An observer will take samples at random from throughout the
haul, and take samples prior to sorting of the haul by the crew for
processing or discarding of the catch.
(C) An observer will sample a minimum of 100 kg of fish from each
haul sampled.
(D) While an observer is at sea, the observer will report to NMFS,
on at least a weekly basis, the data for sampled hauls.
(E) Upon request, the observer will allow the vessel operator to
see all observed data set forth under paragraph (f)(7)(i) of this
section that the observer submits to NMFS.
(8) Determination of individual vessel bycatch rates. For each
vessel, the Regional Director will aggregate from sampled hauls the
observed data collected during a weekly reporting period on the total
round weight, in metric tons, of each groundfish species or species
group for which a TAC has been specified under Sec. 679.20 to determine
to which of the fisheries described in paragraph (f)(8)(i) of this
section the vessel should be assigned for that week.
(i) Vessel assignment to fisheries--(A) BSAI catcher/processors.
Catcher/proc- essors will be assigned to fisheries at the end of each
weekly reporting period based on the round-weight equivalent of the
retained groundfish catch
[[Page 31261]]
composition reported on a vessel's WPR that is submitted to the
Regional Director under Sec. 679.5.
(B) BSAI catcher vessel delivery in Federal waters. Catcher vessels
that deliver to motherships in Federal waters during a weekly reporting
period will be assigned to fisheries based on the round-weight
equivalent of the retained groundfish catch composition reported on the
WPR submitted to the Regional Director for that week by the mothership
under Sec. 679.5.
(C) BSAI catcher vessel delivery in Alaska State waters. Catcher
vessels delivering groundfish to shoreside processors or to motherships
in Alaska State waters during a weekly reporting period will be
assigned to fisheries based on the round-weight equivalent of the
groundfish retained by the processor and reported on an ADF&G fish
ticket as required under Alaska State regulations at A.S. 16.05.690.
(ii) Calculation of monthly bycatch rates--(A) Assigned fishery. At
the end of each fishing month during which an observer sampled at least
50 percent of a vessel's total number of trawl hauls retrieved while an
observer was aboard (as recorded in the vessel's DFL), the Regional
Director will calculate the vessel's bycatch rate based on observed
data for each fishery to which the vessel was assigned for any weekly
reporting period during that fishing month.
(B) Verified observer data. Only observed data that have been
checked, verified, and analyzed by NMFS will be used to calculate
vessel bycatch rates for purposes of this section.
(C) Calculation. The bycatch rate of a vessel for a fishery defined
under paragraph (f)(2) of this section during a fishing month is a
ratio of halibut to groundfish that is calculated by using the total
round weight of halibut (in kilograms), or total number of red king
crab, in samples during all weekly reporting periods in which the
vessel was assigned to that fishery and the total round weight of the
groundfish (in metric tons) for which a TAC has been specified under
Sec. 679.20 in samples taken during all such periods.
(9) Compliance with bycatch rate standards. A vessel has exceeded a
bycatch rate standard for a fishery if the vessel's bycatch rate for a
fishing month, as calculated under paragraph (f)(8)(ii) of this section
exceeds the bycatch rate standard established for that fishery under
paragraph (f)(2) of this section.
Sec. 679.22 Closures.
(a) BSAI--(1) Zone 1 (512) closures to trawl gear--(i) Year-round
closures. No fishing with trawl gear is allowed at any time in
reporting area 512 of Zone 1 in the Bering Sea subarea (see Figure 1 of
this part), except as described in paragraph (a)(1)(ii) of this
section.
(ii) Partial closures (Port Moller). NMFS may allow fishing for
Pacific cod with trawl gear in that portion of reporting area 512 that
lies south of a straight line connecting the coordinates 56 deg.43' N.
lat., 160 deg.00' W. long., and 56 deg.00' N. lat., 162 deg.00' W.
long., provided that such fishing is in compliance with a scientific
data collection and monitoring program, established by the Regional
Director after consultation with the Council, designed to provide data
useful in the management of the trawl fishery, the halibut, Tanner crab
and king crab fisheries, and to prevent overfishing of the halibut,
Tanner and king crab stocks in the area.
(2) Zone 1 (516) closures to trawl gear--(i) Seasonal closures. No
fishing with trawl gear is allowed at any time in reporting area 516 of
Zone 1 in the Bering Sea Subarea (see Figure 1 of this part) during the
period March 15 through June 15, except as described in paragraph
(a)(2)(ii) of this section.
(ii) Partial closures (Port Moller). During the period March 15
through June 15, NMFS may allow fishing for Pacific cod with trawl gear
in that portion of reporting area 516 that lies south of the line
connecting 56 deg.00' N. lat., 162 deg. W. long., and 55 deg.38' N.
lat., 163 deg.00' W. long., provided that such fishing is in compliance
with a scientific data collection and monitoring program, established
by the Regional Director after consultation with the Council, designed
to provide data useful in the management of the trawl fishery, halibut,
Tanner crab and king crab fisheries, and to prevent overfishing of the
halibut, Tanner crab, and king crab stocks in the area.
(3) Red king crab closures. If the Regional Director determines
that vessels fishing with trawl gear in reporting areas 512 and 516
will catch the PSC limit of 12,000 red king crabs, he or she will
immediately prohibit all fishing with trawl gear in those areas by
notification in the Federal Register.
(4) Walrus protection areas. From April 1 through September 30 of
any fishing year, vessels with a Federal fisheries permit under
Sec. 679.4 are prohibited in that part of the Bering Sea subarea
between 3 and 12 nm seaward of the baseline used to measure the
territorial sea around islands named Round Island and The Twins, as
shown on National Ocean Survey Chart 16315, and around Cape Pierce
(58 deg.33' N. lat., 161 deg.43' W. long.).
(5) Catcher Vessel Operational Area (CVOA) (applicable through
December 31, 1998)--(i) Inshore component. The CVOA is established
annually from the beginning of the second season of directed fishing
for pollock defined at Sec. 679.23(e) until either the date that NMFS
determines that the pollock quota for processing by the inshore
component has been harvested, or December 31, whichever is earlier.
(ii) Offshore component. (A) Vessels in the offshore component are
prohibited from conducting directed fishing for pollock in the CVOA
unless they are operating under a CDP approved by NMFS.
(B) Vessels in the offshore component that do not catch groundfish
but do process pollock caught in a directed fishery for pollock may
operate within the CVOA to process pollock.
(iii) Other than pollock. Vessels that catch or process groundfish
in directed fisheries for species other than pollock may operate within
the CVOA.
(6) Pribilof Island Area Habitat Conservation Zone. Trawling is
prohibited at all times in the area bounded by a straight line
connecting the following pairs of coordinates in the following order:
57 deg.57.0' N. lat., 168 deg.30.0' W. long.
56 deg.55.2' N. lat., 168 deg.30.0' W. long.
56 deg.48.0' N. lat., 169 deg.2.4' W. long.
56 deg.34.2' N. lat., 169 deg.2.4' W. long.
56 deg.30.0' N. lat., 169 deg.25.2' W. long.
56 deg.30.0' N. lat., 169 deg.44.1' W. long.
56 deg.55.8' N. lat., 170 deg.21.6' W. long.
57 deg.13.8' N. lat., 171 deg.0.0' W. long.
57 deg.57.0' N. lat., 171 deg.0.0' W. long.
57 deg.57.0' N. lat., 168 deg.30.0' W. long.
(7) Steller sea lion protection areas, Bering Sea Subarea and
Bogoslof District--(i) Year-round closures. Trawling is prohibited
within 10 nm (18.5 km) of each of the eight Steller sea lion rookeries
shown in Table 4a of this part.
(ii) Seasonal closures. During January 1 through April 15, or a
date earlier than April 15, if adjusted under Sec. 679.20, trawling is
prohibited within 20 nm (37 km) of each of the six Steller sea lion
rookeries shown in Table 4b of this part.
(8) Steller sea lion protection areas, Aleutian Islands Subarea--
(i) Year-round closures. Trawling is prohibited within 10 nm (18.4 km)
of each of the 19 Steller sea lion rookeries shown in Table 5a of this
part.
(ii) Seasonal closures. During January 1 through April 15, or a
date earlier than April 15, if adjusted under Sec. 679.20, trawling is
prohibited within 20 nm (37 km) of each of the two Steller sea lion
rookeries shown in Table 5b of this part.
(b) GOA--(1) Kodiak Island, trawls other than pelagic trawls --(i)
Type I closures. No person may trawl in waters of the EEZ within the
vicinity of Kodiak
[[Page 31262]]
Island, as shown in Figure 5 of this part as Type I areas, from a
vessel having any trawl other than a pelagic trawl either attached or
on board.
(ii) Type II closures. From February 15 to June 15, no person may
trawl in waters of the EEZ within the vicinity of Kodiak Island, as
shown in Figure 5 of this part as Type II areas, from a vessel having
any trawl other than a pelagic trawl either attached or on board.
(iii) Type III closures. Type III areas are open to any trawl
other than a pelagic trawl gear year round.
(2) Steller sea lion protection areas--(i) Year-round closures.
Trawling is prohibited in the GOA within 10 nm of the 14 Steller sea
lion rookeries designated in Table 6a of this part.
(ii) Seasonal closures. During January 1 through April 15, or a
date earlier than April 15, if adjusted under Sec. 679.20, trawling is
prohibited in the GOA within 20 nm of each of the three Steller sea
lion rookeries presented in Table 6b of this part.
(c) Directed fishing closures. See Sec. 679.20(d).
(d) Groundfish as prohibited species closures. See Sec. 679.20(d).
(e) Overfishing closures. See Sec. 679.20(d).
(f) Prohibited species closures. See Sec. 679.21.
Sec. 679.23 Seasons.
(a) General. Fishing for groundfish in the GOA and BSAI is
authorized from 0001 hours, A.l.t., January 1, through 2400 hours,
A.l.t., December 31, subject to the other provisions of this part,
except as provided in paragraph (c) of this section.
(b) Time of groundfish openings and closures. The time of all
openings and closures of fishing seasons, other than the beginning and
end of the calendar fishing year, is 1200 hours, A.l.t.
(c) GOA and BSAI trawl groundfish. Notwithstanding other
provisions of this part, fishing for groundfish with trawl gear in the
GOA and BSAI is prohibited from 0001 hours, A.l.t., January 1, through
1200 hours, A.l.t., January 20.
(d) GOA seasons--(1) Directed fishing for trawl rockfish. Directed
fishing for rockfish of the genera Sebastes and Sebastolobus with trawl
gear is authorized from 1200 hours, A.l.t., on the first day of the
third quarterly reporting period of a fishing year through 2400 hours,
A.l.t., December 31, subject to other provisions of this part.
(2) Directed fishing for pollock. Subject to other provisions of
this part, directed fishing for pollock in the Western and Central
Regulatory Areas is authorized only during the three seasons:
(i) From 0001 hours, A.l.t., January 1, through 1200 hours,
A.l.t., April 1;
(ii) From 1200 hours, A.l.t., June 1, through 1200 hours, A.l.t.,
July 1; and
(iii) From 1200 hours, A.l.t., September 1, through 2400 hours,
A.l.t., December 31.
(e) BSAI seasons--(1) Directed fishing for arrowtooth flounder and
Greenland turbot. Directed fishing for arrowtooth flounder and
Greenland turbot in the BSAI is authorized from 1200 hours, A.l.t., May
1, through 2400 hours, A.l.t., December 31, subject to the other
provisions of this part.
(2) Directed fishing for pollock. Subject to other provisions of
this part, and except as provided in paragraph (e)(3) of this section,
directed fishing for pollock is authorized from 0001 hours, A.l.t.,
January 1, through 1200 hours, A.l.t., April 15, and from 1200 hours,
A.l.t., August 15, through the end of the fishing year.
(3) Offshore pollock (Applicable through December 31, 1998)--
(i) Subject to other provisions of this part and except as provided
in paragraph (e)(3)(ii) of this section, directed fishing for pollock
by the offshore component, defined at Sec. 679.2, or by vessels
delivering pollock to the offshore component, is authorized from 1200
hours, A.l.t., January 26, through 1200 hours, A.l.t., April 15, and
from 1200 hours, A.l.t., August 15, through the end of the fishing
year.
(ii) Directed fishing for pollock by the offshore component or
vessels delivering pollock to the offshore component is prohibited
through 1200 hours, A.l.t., February 5, for those vessels that are used
to fish prior to 1200 hours, A.l.t., January 26, for groundfish in the
BSAI, groundfish in the GOA, as defined at Sec. 679.2, or king or
Tanner crab in the BSAI, as defined at Sec. 679.2. This paragraph
(e)(3)(ii) does not apply to vessels used to fish exclusively in a
directed fishery for pollock prior to 1200 hours, A.l.t., January 26,
under the Western Alaska CDQ Program pursuant to subpart C of this
part.
(4) CDQ fishing seasons. (i) CDQ halibut. Fishing for CDQ halibut
with fixed gear under an approved CDQ allocation may begin on the
effective date of the allocation, except that CDQ fishing may occur
only during the fishing periods specified in part 301 of this title.
(ii) CDQ sablefish. Fishing for CDQ sablefish with fixed gear
under an approved CDQ allocation may begin on the effective date of the
allocation, except that CDQ directed fishing may occur only during the
IFQ fishing season specified in paragraph (g)(1) of this section.
(iii) CDQ pollock. Directed fishing for pollock under the Western
Alaska CDQ Program pursuant to subpart C of this part is authorized
from 0001 hours, A.l.t., January 1, through the end of the fishing
year.
(f) IFQ halibut. The fishing period(s) for IFQ halibut are
established by the IPHC and are specified in part 301 of this title.
Catches of halibut by fixed gear at times other than during the
specified fishing periods must be treated as prohibited species as
prescribed at Sec. 679.21(b).
(g) IFQ sablefish. (1) Directed fishing for sablefish using fixed
gear in any IFQ regulatory area may be conducted in any fishing year
during the period specified by the Regional Director and announced by
publication in the Federal Register. The Regional Director will take
into account the opening date of the halibut season when determining
the opening date for sablefish for the purposes of reducing bycatch and
regulatory discards between the two fisheries.
(2) Catches of sablefish by fixed gear during other periods may be
retained up to the amounts provided for by the directed fishing
standards specified at Sec. 679.20 when made by an individual aboard
the vessel who has a valid IFQ card and unused IFQ in the account on
which the card was issued.
(3) Catches of sablefish in excess of the maximum retainable
bycatch amounts and catches made without IFQ must be treated in the
same manner as prohibited species.
Sec. 679.24 Gear limitations.
Regulations pertaining to vessel and gear markings are set forth in
this section and as prescribed in part 301 of this title.
(a) Marking of gear--longline marker buoys. (1) All longline
marker buoys carried on board or used by any vessel regulated under
this part shall be marked with the following:
(i) The vessel's name; and
(ii) The vessel's Federal fisheries permit number; or
(iii) The vessel's registration number.
(2) Markings shall be in characters at least 4 inches (10.16 cm)
in height and 0.5 inch (1.27 cm) in width in a contrasting color
visible above the water line and shall be maintained so the markings
are clearly visible.
(b) Gear restrictions--(1) Pots--(i) Biodegradable panel. Each pot
used to fish for groundfish must be equipped with a biodegradable panel
at least 18 inches (45.72 cm) in length that is parallel to, and within
6 inches (15.24 cm) of, the bottom of the pot, and that
[[Page 31263]]
is sewn up with untreated cotton thread of no larger size than No. 30.
(ii) Tunnel opening. Each pot used to fish for groundfish must be
equipped with rigid tunnel openings that are no wider than 9 inches
(22.86 cm) and no higher than 9 inches (22.86 cm), or soft tunnel
openings with dimensions that are no wider than 9 inches (22.86 cm).
(iii) Longline pot gear. Any person using longline pot gear must
treat any catch of groundfish as a prohibited species as provided by
Sec. 679.21(b), except in the Aleutian Islands subarea.
(2) Net-sounder device. Each person trawling in any GOA area
limited to pelagic trawling under Sec. 679.22 must maintain on that
trawl a properly functioning, recording net-sounder device, and must
retain all net-sounder recordings on board the fishing vessel during
the fishing year.
(3) Trawl footrope. No person trawling in any GOA area limited to
pelagic trawling under Sec. 679.22 may allow the footrope of that trawl
to be in contact with the seabed for more than 10 percent of the period
of any tow, as indicated by the net-sounder device.
(c) Gear restrictions for sablefish--(1) Gear allocations. Gear
allocations of sablefish TAC are set out under Sec. 679.20.
(2) GOA Eastern Area--(i) General. (A) No person may use any gear
other than hook-and-line and trawl gear when fishing for sablefish in
the GOA Eastern Area.
(B) No person may use any gear other than hook-and-line gear to
engage in directed fishing for sablefish.
(ii) Sablefish as prohibited species--(A) Trawl gear. When
operators of vessels using trawl gear have harvested 5 percent of the
TAC for sablefish in the GOA Eastern Regulatory Area during any year,
further trawl catches of sablefish must be treated as prohibited
species as provided by Sec. 679.21(b).
(B) Other gear. Operators of vessels using gear types other than
those specified in paragraph (c)(2)(i) of this section in the GOA
Eastern Regulatory Area must treat any catch of sablefish as a
prohibited species as provided by Sec. 679.21(b).
(3) GOA Central and Western Areas; sablefish as prohibited
species. Operators of vessels using gear types other than hook-and-line
and trawl gear in the GOA Central and Western Regulatory Areas must
treat any catch of sablefish in these areas as a prohibited species as
provided by Sec. 679.21(b).
(4) BSAI. Operators of vessels using gear types other than hook-
and-line, pot, or trawl gear in the BSAI must treat sablefish as a
prohibited species as provided by Sec. 679.21(b).
(d) Trawl gear test areas--(1) General. For purposes of allowing
pelagic and nonpelagic trawl fishermen to test trawl fishing gear, NMFS
may establish, after consulting with the Council, locations for the
testing of trawl fishing gear in areas that would otherwise be closed
to trawling.
(2) Trawl gear testing. For the purposes of this section, ``trawl
gear testing'' means deploying trawl gear in areas designated in this
paragraph (d) under the following conditions.
(i) The codend shall be unzipped while trawl gear testing.
(ii) Groundfish shall not be possessed on board when trawl gear
testing.
(iii) Observers aboard vessels during the time spent trawl gear
testing shall not fulfill observer requirements at subpart E of this
part.
(3) Criteria. The establishment of test areas must comply with the
following criteria:
(i) Depth and bottom type must be suitable for testing the
particular gear type.
(ii) The areas must be outside State waters.
(iii) The areas must be in locations not normally closed to
fishing with that gear type.
(iv) The areas must be in locations that are not usually fished
heavily by that gear type.
(v) The areas must not be within a designated Steller sea lion
protection area at any time of the year.
(4) Test areas. Trawl gear testing is allowed in the following
areas (Figure 7 of this part) bounded by straight lines connecting the
coordinates in the order listed, at all times:
(i) Kodiak Test Area.
57 deg.37' N. lat., 152 deg.02' W. long.
57 deg.37' N. lat., 151 deg.25' W. long.
57 deg.23' N. lat., 151 deg.25' W. long.
57 deg.23' N. lat., 152 deg.02' W. long.
57 deg.37' N. lat., 152 deg.02' W. long.
(ii) Sand Point Test Area.
54 deg.50' N. lat., 161 deg.00' W. long.
54 deg.50' N. lat., 160 deg.30' W. long.
54 deg.35' N. lat., 160 deg.30' W. long.
54 deg.35' N. lat., 161 deg.00' W. long.
54 deg.50' N. lat., 161 deg.00' W. long.
(iii) Bering Sea Test Area.
55 deg.00' N. lat., 167 deg.00' W. long.
55 deg.00' N. lat., 166 deg.00' W. long.
54 deg.40' N. lat., 166 deg.00' W. long.
54 deg.40' N. lat., 167 deg.00' W. long.
55 deg.00' N. lat., 167 deg.00' W. long.
Sec. 679.25 Inseason adjustments.
(a) General--(1) Types of adjustments. Inseason adjustments issued
by NMFS under this section include:
(i) Closure, extension, or opening of a season in all or part of a
management area.
(ii) Modification of the allowable gear to be used in all or part
of a management area.
(iii) Adjustment of TAC and PSC limits.
(iv) Interim closures of statistical areas, or portions thereof, to
directed fishing for specified groundfish species.
(2) Determinations. (i) Any inseason adjustment taken under
paragraphs (a)(1)(i), (ii), or (iii) of this section must be based on a
determination that such adjustments are necessary to prevent:
(A) Overfishing of any species or stock of fish or shellfish;
(B) Harvest of a TAC for any groundfish species or the taking of a
PSC limit for any prohibited species that, on the basis of the best
available scientific information, is found by NMFS to be incorrectly
specified; or
(C) Underharvest of a TAC or gear share of a TAC for any groundfish
species when catch information indicates that the TAC or gear share has
not been reached.
(ii) Any inseason closure of a statistical area, or portion
thereof, under paragraph (a)(1)(iv) of this section, must be based upon
a determination that such closures are necessary to prevent:
(A) A continuation of relatively high bycatch rates of prohibited
species specified under Sec. 679.21(b) in a statistical area, or
portion thereof;
(B) Take of an excessive share of PSC limits or bycatch allowances
established under Sec. 679.21(d) and (e) by vessels fishing in a
statistical area, or portion thereof;
(C) Closure of one or more directed fisheries for groundfish due to
excessive prohibited species bycatch rates occurring in a specified
fishery operating within all or part of a statistical area; or
(D) Premature attainment of established PSC limits or bycatch
allowances and associated loss of opportunity to harvest the groundfish
OY.
(iii) The selection of the appropriate inseason management
adjustments under paragraphs (a)(1)(i) and (ii) of this section must be
from the following authorized management measures and must be based
upon a determination by the Regional Director that the management
adjustment selected is the least restrictive necessary to achieve the
purpose of the adjustment:
(A) Any gear modification that would protect the species in need of
conservation, but that would still allow other fisheries to continue;
(B) An inseason adjustment that would allow other fisheries to
continue in noncritical areas and time periods;
[[Page 31264]]
(C) Closure of a management area and season to all groundfish
fishing; or
(D) Reopening of a management area or season to achieve the TAC or
gear share of a TAC for any of the target species or the ``other
species## category.
(iv) The adjustment of a TAC or PSC limit for any species under
paragraph (a)(1)(iii) of this section must be based upon a
determination by the Regional Director that the adjustment is based
upon the best available scientific information concerning the
biological stock status of the species in question and that the
currently specified TAC or PSC limit is incorrect. Any adjustment to a
TAC or PSC limit must be reasonably related to the change in biological
stock status.
(v) The inseason closure of a statistical area, or a portion
thereof, under paragraph (a)(1)(iv) of this section shall not extend
beyond a 60-day period unless information considered under paragraph
(b) of this section warrants an extended closure period. Any closure of
a statistical area, or portion thereof, to reduce prohibited species
bycatch rates requires a determination by the Regional Director that
the closure is based on the best available scientific information
concerning the seasonal distribution and abundance of prohibited
species and bycatch rates of prohibited species associated with various
groundfish fisheries.
(b) Data. All information relevant to one or more of the following
factors may be considered in making the determinations required under
paragraphs (a)(2)(i) and (ii) of this section:
(1) The effect of overall fishing effort within a statistical area;
(2) Catch per unit of effort and rate of harvest;
(3) Relative distribution and abundance of stocks of groundfish
species and prohibited species within all or part of a statistical
area;
(4) Condition of a stock in all or part of a statistical area;
(5) Inseason prohibited species bycatch rates observed in
groundfish fisheries in all or part of a statistical area;
(6) Historical prohibited species bycatch rates observed in
groundfish fisheries in all or part of a statistical area;
(7) Economic impacts on fishing businesses affected; or
(8) Any other factor relevant to the conservation and management of
groundfish species or any incidentally caught species that are
designated as prohibited species or for which a PSC limit has been
specified.
(c) Procedure. (1) No inseason adjustment issued under this section
will take effect until--
(i) NMFS has filed the proposed adjustment for public inspection
with the Office of the Federal Register; and
(ii) NMFS has published the proposed adjustment in the Federal
Register for public comment for a period of 30 days before it is made
final, unless NMFS finds for good cause that such notification and
public procedure is impracticable, unnecessary, or contrary to the
public interest.
(2) If NMFS decides, for good cause, that an adjustment is to be
made without affording a prior opportunity for public comment, public
comments on the necessity for, and extent of, the adjustment will be
received by the Regional Director for a period of 15 days after the
effective date of notification.
(3) During any such 15-day period, the Regional Director will make
available for public inspection, during business hours, the aggregate
data upon which an adjustment was based.
(4) If written comments are received during any such 15-day period
that oppose or protest an inseason adjustment issued under this
section, NMFS will reconsider the necessity for the adjustment and, as
soon as practicable after that reconsideration, will either--
(i) Publish in the Federal Register notification of continued
effectiveness of the adjustment, responding to comments received; or
(ii) Modify or rescind the adjustment.
(5) Notifications of inseason adjustments issued by NMFS under
paragraph (a) of this section will include the following information:
(i) A description of the management adjustment.
(ii) Reasons for the adjustment and the determinations required
under paragraph (a)(2)(i) of this section.
(iii) The effective date and any termination date of such
adjustment. If no termination date is specified, the adjustment will
terminate on the last day of the fishing year.
Subpart C--Western Alaska Community Development Quota Program
Sec. 679.30 General CDQ regulations.
(a) State of Alaska CDQ responsibilities--(1) Compliance. The State
of Alaska must be able to ensure implementation of the CDPs once
approved by NMFS. To accomplish this, the State must establish a
monitoring system that defines what constitutes compliance and non-
compliance.
(2) Public hearings. Prior to granting approval of a CDP
recommended by the Governor, NMFS shall find that the Governor
developed and approved the CDP after conducting at least one public
hearing, at an appropriate time and location in the geographical area
concerned, so as to allow all interested persons an opportunity to be
heard. Hearing(s) on the CDP do not have to be held on the actual
documents submitted to the Governor under paragraph (b) of this
section, but must cover the substance and content of the proposed CDP
in such a manner that the general public, and particularly the affected
parties, have a reasonable opportunity to understand the impact of the
CDP. The Governor must provide reasonable public notification of
hearing date(s) and location(s). The Governor must make available for
public review, at the time of public notification of the hearing, all
state materials pertinent to the hearing(s) and must include a
transcript or summary of the public hearing(s) with the Governor's
recommendations to NMFS in accordance with this subpart. At the same
time this transcript is submitted to NMFS, it must be made available,
upon request, to the public. The public hearing held by the Governor
will serve as the public hearing for purposes of NMFS review under
paragraph (c) of this section.
(3) Council consultation. Before sending his/her recommendations
for approval of CDPs to NMFS, the Governor must consult with the
Council, and make available, upon request, CDPs that are not part of
the Governor's recommendations.
(b) CDP application. The Governor, after consultation with the
Council, shall include in his or her written findings to NMFS
recommending approval of a CDP, that the CDP meets the requirements of
these regulations, the Magnuson Act, the Alaska Coastal Management
Program, and other applicable law. At a minimum, the submission must
discuss the determination of a community as eligible; information
regarding community development, including goals and objectives;
business information; and a statement of the managing organization's
qualifications. For purposes of this section, an eligible community
includes any community or group of communities that meets the criteria
set out in paragraph (d) of this section. Applications for a CDP must
include the following information:
(1) Community development information. Community development
information includes:
(i) Project description. A description of the CDP projects that are
proposed to be funded by the CDQ and how the CDP
[[Page 31265]]
projects satisfy the goals and purpose of the CDQ program.
(ii) Allocation request. The allocation of each CDQ species
requested for each subarea or district of the BSAI, as defined at
Sec. 679.2 and for each IPHC regulatory area, as prescribed in part 301
of this title.
(iii) Project schedule. The length of time the CDQ will be
necessary to achieve the goals and objectives of the CDP, including a
project schedule with measurable milestones for determining progress.
(iv) Employment. The number of individuals to be employed under the
CDP, the nature of the work provided, the number of employee-hours
anticipated per year, and the availability of labor from the
applicant's community(ies).
(v) Vocational and educational programs. Description of the
vocational and educational training programs that a CDQ allocation
under the CDP would generate.
(vi) Existing infrastructure. Description of existing fishery-
related infrastructure and how the CDP would use or enhance existing
harvesting or processing capabilities, support facilities, and human
resources.
(vii) New capital. Description of how the CDP would generate new
capital or equity for the applicant's fishing and/or processing
operations.
(viii) Transition plan. A plan and schedule for transition from
reliance on the CDQ allocation under the CDP to self-sufficiency in
fisheries.
(ix) Short- and long-term benefits. A description of short- and
long-term benefits to the applicant from the CDQ allocation.
(2) Business information. Business information includes:
(i) Method of harvest. Description of the intended method of
harvesting the CDQ allocation, including the types of products to be
produced; amounts to be harvested; when, where, and how harvesting is
to be conducted; and names and permit numbers of the vessels that will
be used to harvest a CDQ allocation.
(ii) Target market and competition. Description of the target
market for sale of products and competition existing or known to be
developing in the target market.
(iii) Business relationships. Description of business relationships
between all business partners or with other business interests, if any,
including arrangements for management, audit control, and a plan to
prevent quota overages. For purposes of this section, business partners
means all individuals who have a financial interest in the CDQ project.
(iv) Profit sharing. Description of profit sharing arrangements.
(v) Funding. Description of all funding and financing plans.
(vi) Partnerships. Description of joint venture arrangements,
loans, or other partnership arrangements, including the distribution of
proceeds among the parties.
(vii) General budget for implementing the CDP. A general budget is
a general account of estimated income and expenditures for each CDP
project that is described in paragraph (b)(1)(i) of this section for
the total number of calendar years that the CDP is in effect.
(viii) Capital equipment. A list of all capital equipment.
(ix) Cash flow. A cash flow and break-even analysis.
(x) Income statement. A balance sheet and income statement,
including profit, loss, and return on investment for the proposed CDP.
(3) Statement of managing organization's qualifications. Statement
of the managing organization's qualifications includes:
(i) Structure and personnel. Information regarding its management
structure and key personnel, such as resumes and references; including
the name, address, fax number, and telephone number of the managing
organization's representative; and
(ii) Management qualifications. A description of how the managing
organization is qualified to manage a CDQ allocation and prevent quota
overages. For purposes of this section, a qualified managing
organization means any organization or firm that would assume
responsibility for managing all or part of the CDP and that meets the
following criteria:
(A) Official letter of support. Documentation of support from each
community represented by the applicant for a CDP through an official
letter of support approved by the governing body of the community.
(B) Legal relationship. Documentation of a legal relationship
between the CDP applicant and the managing organization (if the
managing organization is different from the CDP applicant), which
clearly describes the responsibilities and obligations of each party as
demonstrated through a contract or other legally binding agreement.
(C) Expertise. Demonstration of management and technical expertise
necessary to carry out the CDP as proposed by the CDP application
(e.g., proven business experience as shown by a balance and income
statement, including profit, loss, and the return on investment on all
business ventures within the previous 12 months by the managing
organization).
(c) Review and approval of CDPs--(1) Consistent with criteria. (i)
Upon receipt by NMFS of the Governor's recommendation for approval of
proposed CDPs, NMFS will review the record to determine whether the
community eligibility criteria and the evaluation criteria set forth in
paragraph (d) of this section have been met. NMFS shall then approve or
disapprove the Governor's recommendation within 45 days of its receipt.
(ii) In the event of approval, NMFS shall notify the Governor and
the Council in writing that the Governor's recommendations for CDPs are
consistent with the evaluation criteria under paragraph (d) of this
section and other applicable law, including NMFS reasons for approval.
(iii) Publication of the decision, including the percentage of each
CDQ reserve for each subarea or district allocated under the CDPs and
the availability of the findings, will be published in the Federal
Register.
(iv) NMFS will allocate no more than 33 percent of the total CDQ to
any approved CDP application.
(v) A CDQ community may not concurrently receive more than one
pollock, halibut, or sablefish allocation and only one application for
each type of CDP per CDQ applicant will be accepted.
(2) Not consistent with criteria. (i) If NMFS finds that the
Governor's recommendations for CDQ allocations are not consistent with
the evaluation criteria set forth in these regulations and disapproves
the Governor's recommendations, NMFS shall so advise the Governor and
the Council in writing, including the reasons therefor.
(ii) Notification of the decision will be published in the Federal
Register.
(3) Revised CDP. (i) The CDP applicant may submit a revised CDP to
the Governor for submission to NMFS.
(ii) Review by NMFS of a revised CDP application will be in
accordance with the provisions set forth in this section.
(d) Evaluation criteria. NMFS will approve the Governor's
recommendations for CDPs if NMFS finds the CDP is consistent with the
requirements of these regulations, including the following:
(1) CDP application. Each CDP application is submitted in
compliance with the application procedures described in paragraph (b)
of this section.
(2) NMFS review. Prior to approval of a CDP recommended by the
Governor,
[[Page 31266]]
NMFS will review the Governor's findings to determine that each
community that is part of a CDP is listed in Table 7 of this part or
meets the following criteria for an eligible community:
(i) The community is located within 50 nm from the baseline from
which the breadth of the territorial sea is measured along the Bering
Sea coast from the Bering Strait to the western most of the Aleutian
Islands, or on an island within the Bering Sea. A community is not
eligible if it is located on the GOA coast of the North Pacific Ocean,
even if it is within 50 nm of the baseline of the Bering Sea.
(ii) The community is certified by the Secretary of the Interior
pursuant to the Native Claims Settlement Act (Public Law 92-203) to be
a native village.
(iii) The residents of the community conduct more than half of
their current commercial or subsistence fishing effort in the waters of
the BSAI.
(iv) The community has not previously developed harvesting or
processing capability sufficient to support substantial groundfish
fisheries participation in the BSAI, unless the community can show that
benefits from an approved CDP would be the only way to realize a return
from previous investments. The communities of Unalaska and Akutan are
excluded under this provision.
(3) Qualified managing organization. Each CDP application
demonstrates that a qualified managing organization will be responsible
for the harvest and use of the CDQ allocation pursuant to the CDP.
(4) Exceeding the CDQ allocation. Each CDP application demonstrates
that its managing organization can effectively prevent exceeding the
CDQ allocation.
(5) Governor's findings. The Governor has found for each
recommended CDP that:
(i) The CDP and the managing organization are fully described in
the CDP application, and have the ability to successfully meet the CDP
milestones and schedule.
(ii) The managing organization has an adequate budget for
implementing the CDP, and the CDP is likely to be successful.
(iii) A qualified applicant has submitted the CDP application and
the applicant and managing organization have the support of each
community participating in the proposed CDQ project as demonstrated
through an official letter approved by the governing body of each such
community.
(iv) The following factors have been considered:
(A) The number of individuals from applicant communities who will
be employed under the CDP, the nature of their work, and career
advancement.
(B) The number and percentage of low income persons residing in the
applicant communities, and the economic opportunities provided to them
through employment under the CDP.
(C) The number of communities cooperating in the application.
(D) The relative benefits to be derived by participating
communities and the specific plans for developing a self-sustaining
fisheries economy.
(E) The success or failure of the applicant and/or the managing
organization in the execution of a prior CDP (e.g., exceeding a CDQ
allocation or any other related violation may be considered a failure
and may therefore result in partially or fully precluding a CDP from a
future CDQ allocation).
(6) Qualified applicant. For purposes of this paragraph (d),
``qualified applicant'' means:
(i) A local fishermen's organization from an eligible community, or
group of eligible communities, that is incorporated under the laws of
the State of Alaska, or under Federal law, and whose board of directors
is composed of at least 75 percent resident fishermen of the community
(or group of communities) that is (are) making an application; or
(ii) A local economic development organization incorporated under
the laws of the State of Alaska, or under Federal law, specifically for
the purpose of designing and implementing a CDP, and that has a board
of directors composed of at least 75 percent resident fishermen of the
community (or group of communities) that is (are) making an
application.
(7) Resident fisherman. For the purpose of this paragraph (d),
``resident fisherman'' means an individual with documented commercial
or subsistence fishing activity who maintains a mailing address and
permanent domicile in the community and is eligible to receive an
Alaska Permanent Fund dividend at that address.
(8) Board of directors. If a qualified applicant represents more
than one community, the board of directors of the applicant must
include at least one member from each of the communities represented.
(e) Monitoring of CDPs--(1) CDP reports. The following reports must
be submitted to NMFS:
(i) Annual progress reports. (A) CDP applicants are required to
submit annual progress reports to the Governor by June 30 of the year
following allocation.
(B) Annual progress reports will include information describing how
the CDP has met its milestones, goals, and objectives.
(C) On the basis of those reports, the Governor will submit an
annual progress report to NMFS and recommend whether CDPs should be
continued.
(D) NMFS must notify the Governor in writing within 45 days of
receipt of the Governor's annual progress report, accepting or
rejecting the annual progress report and the Governor's
recommendations.
(E) If NMFS rejects the Governor's annual progress report, NMFS
will return it for revision and resubmission.
(F) The report will be deemed approved if NMFS does not notify the
Governor in writing within 45 days of the report's receipt.
(ii) Annual budget report. (A) An annual budget report is a
detailed estimation of income and expenditures for each CDP project as
described in paragraph (b)(1)(i) of this section for a calendar year.
(B) The annual budget report must be submitted to NMFS by December
15 preceding the year for which the annual budget applies.
(C) Annual budget reports are approved upon receipt by NMFS, unless
disapproved in writing by December 31. If disapproved, the annual
budget report may be revised and resubmitted to NMFS.
(D) NMFS will approve or disapprove a resubmitted annual budget
report in writing.
(iii) Annual budget reconciliation report. A CDQ group must
reconcile each annual budget by May 30 of the year following the year
for which the annual budget applied. Reconciliation is an accounting of
the annual budget's estimated income and expenditures with the actual
income and expenditures, including the variance in dollars and variance
in percentage for each CDP project that is described in paragraph
(b)(1)(i) of this section. If a general budget, as described in
paragraph (b)(2)(vii) of this section, is no longer correct due to the
reconciliation of an annual budget, then the general budget must also
be revised to reflect the annual budget reconciliation. The revised
general budget must be included with the annual budget reconciliation
report.
(2) Increase in CDQ allocation. If an applicant requests an
increase in a CDQ, the applicant must submit a new CDP application for
review by the Governor and approval by NMFS as described in paragraphs
(b) and (c) of this section.
[[Page 31267]]
(3) Substantial amendments. (i) A CDP is a working business plan
and must be kept up to date. Substantial amendments, as described in
paragraph (e)(3)(iv) of this section, to a CDP will require written
notification to the Governor and subsequent approval by the Governor
and NMFS before any change in a CDP can occur. The Governor may
recommend to NMFS that the request for an amendment be approved.
(ii) NMFS may notify the Governor in writing of approval or
disapproval of the amendment within 30 days of receipt of the
Governor's recommendation. The Governor's recommendation for approval
of an amendment will be deemed approved if NMFS does not notify the
Governor in writing within 30 calendar days of receipt of the
Governor's recommendation.
(iii) If NMFS determines that the CDP, if changed, would no longer
meet the criteria under paragraph (d) of this section, or if any of the
requirements under this section would not be met, NMFS shall notify the
Governor in writing of the reasons why the amendment cannot be
approved.
(iv) For the purposes of this section, substantial amendments are
defined as changes in a CDP, including, but not limited to, any of the
following:
(A) Any change in the applicant communities or replacement of the
managing organization.
(B) A change in the CDP applicant's harvesting or processing
partner.
(C) Funding a CDP project in excess of $100,000 that is not part of
an approved general budget.
(D) More than a 20-percent increase in the annual budget of an
approved CDP project.
(E) More than a 20-percent increase in actual expenditures over the
approved annual budget for administrative operations.
(F) A change in the contractual agreement(s) between the CDP
applicant and its harvesting or processing partner, or a change in a
CDP project, if such change is deemed by the Governor or NMFS to be a
material change.
(v) Notification of an amendment to a CDP shall include the
following information:
(A) The background and justification for the amendment that
explains why the proposed amendment is necessary and appropriate.
(B) An explanation of why the proposed change to the CDP is an
amendment according to paragraph (e)(3)(i) of this section.
(C) A description of the proposed amendment, explaining all changes
to the CDP that result from the proposed amendment.
(D) A comparison of the original CDP text with the text of the
proposed changes to the CDP, and the changed pages of the CDP for
replacement in the CDP binder.
(E) Identification of any NMFS findings that would need to be
modified if the amendment is approved along with the proposed modified
text.
(F) A description of how the proposed amendment meets the
requirements of this subpart. Only those CDQ regulations that are
affected by the proposed amendment need to be discussed.
(4) Technical amendments. (i) Any change to a CDP that is not a
substantial amendment as defined in paragraph (e)(3)(iv) of this
section is a technical amendment. It is the responsibility of the CDQ
group to coordinate with the Governor to ensure that a proposed
technical amendment does not meet the definition for a substantial
amendment. Technical amendments require written notification to the
Governor and NMFS before the change in a CDP occurs.
(ii) A technical amendment will be approved when the CDQ group
receives a written notification from NMFS announcing the receipt of the
technical amendment. The Governor may recommend to NMFS, in writing,
that a technical amendment be disapproved at any time. NMFS may
disapprove a technical amendment in writing at any time, with the
reasons therefor.
(iii) Notification should include:
(A) The pages of the CDP, with the text highlighted to show
deletions and additions.
(B) The changed pages of the CDP for replacement in the CDP binder.
(5) Cease fishing operations. It is the responsibility of the CDQ-
managing organization to cease fishing operations once a CDQ allocation
has been reached.
(f) Suspension or termination of a CDP--(1) Governor's
recommendation. (i) NMFS, at any time, may partially suspend, suspend,
or terminate any CDP upon written recommendation of the Governor
setting out his or her reasons that the CDP recipient is not complying
with these regulations.
(ii) After review of the Governor's recommendation and reasons for
a partial suspension, suspension, or termination of a CDP, NMFS will
notify the Governor in writing of approval or disapproval of his or her
recommendation within 45 days of its receipt.
(iii) In the event of approval of the Governor's recommendation,
NMFS will publish an announcement in the Federal Register that the CDP
has been partially suspended, suspended, or terminated, along with
reasons therefor.
(2) Non-compliance. NMFS also may partially suspend, suspend, or
terminate any CDP at any time if NMFS finds a recipient of a CDQ
allocation pursuant to the CDP is not complying with these regulations,
other regulations, or provisions of the Magnuson Act or other
applicable law. Publication of suspension or termination will appear in
the Federal Register, along with the reasons therefor.
(3) Review of allocation. An annual progress report, required under
paragraph (e)(1)(i) of this section, will be used by the Governor to
review each CDP to determine whether the CDP and CDQ allocation
thereunder should be continued, decreased, partially suspended,
suspended, or terminated under the following circumstances:
(i) If the Governor determines that the CDP will successfully meet
its goals and objectives, the CDP may continue without any Secretarial
action.
(ii) If the Governor recommends to NMFS that an allocation be
decreased, the Governor's recommendation for decrease will be deemed
approved if NMFS does not notify the Governor, in writing, within 30
days of receipt of the Governor's recommendation.
(iii) If the Governor determines that a CDP has not successfully
met its goals and objectives, or appears unlikely to become successful,
the Governor may submit a recommendation to NMFS that the CDP be
partially suspended, suspended, or terminated. The Governor must set
out, in writing, his or her reasons for recommending suspension or
termination of the CDP.
(iv) After review of the Governor's recommendation and reasons
therefor, NMFS will notify the Governor, in writing, of approval or
disapproval of his or her recommendation within 30 days of its receipt.
In the case of suspension or termination, NMFS will publish
notification in the Federal Register, with reasons therefor.
Sec. 679.31 CDQ reserve.
(a) Pollock CDQ reserve (applicable through December 31, 1998). (1)
In the proposed and final harvest specifications required under
Sec. 679.20(c), one-half of the pollock TAC placed in the reserve for
each subarea or district will be assigned to a CDQ reserve for each
subarea or district.
(2) NMFS may add any amount of a CDQ reserve back to the
nonspecific reserve if, after September 30, the Regional Director
determines that amount will not be used during the remainder of the
fishing year.
[[Page 31268]]
(b) Halibut CDQ reserve. (1) NMFS will annually withhold from IFQ
allocation the proportions of the halibut catch limit that are
specified in this paragraph (b) for use as a CDQ reserve.
(2) Portions of the CDQ for each specified IPHC regulatory area may
be allocated for the exclusive use of an eligible Western Alaska
community or group of communities in accordance with a CDP approved by
the Governor in consultation with the Council and approved by NMFS.
(3) The proportions of the halibut catch limit annually withheld
for purposes of the CDQ program, exclusive of issued QS, are as follows
for each IPHC regulatory area:
(i) Area 4B. In IPHC regulatory area 4B, 20 percent of the annual
halibut quota shall be made available for the halibut CDQ program to
eligible communities physically located in or proximate to this
regulatory area. For the purposes of this section, ``proximate to'' an
IPHC regulatory area means within 10 nm from the point where the
boundary of the IPHC regulatory area intersects land.
(ii) Area 4C. In IPHC regulatory area 4C, 50 percent of the halibut
quota shall be made available for the halibut CDQ program to eligible
communities physically located in IPHC regulatory area 4C.
(iii) Area 4D. In IPHC regulatory area 4D, 30 percent of the
halibut quota shall be made available for the halibut CDQ program to
eligible communities located in or proximate to IPHC regulatory areas
4D and 4E.
(iv) Area 4E. In IPHC regulatory area 4E, 100 percent of the
halibut quota shall be made available for the halibut CDQ program to
communities located in or proximate to IPHC regulatory area 4E. A
fishing trip limit of 6,000 lb (2.7 mt) will apply to halibut CDQ
harvesting in IPHC regul
FR Doc. 96-14593 Fisheries of the Exclusive Economic Zone Off Alaska
atory area 4E.
(c) Sablefish CDQ reserve. In the proposed and final harvest limit
specifications required under Sec. 679.20(c), NMFS will specify 20
percent of the fixed gear allocation of sablefish in each BSAI subarea
as a sablefish CDQ reserve, exclusive of issued QS. Portions of the CDQ
reserve for each subarea may be allocated for the exclusive use of CDQ
applicants in accordance with CDPs approved by the Governor in
consultation with the Council and approved by NMFS. NMFS will allocate
no more than 33 percent of the total CDQ for all subareas combined to
any one applicant with an approved CDP application.
Sec. 679.32 Estimation of total pollock harvest in the CDQ fisheries
(applicable through December 31, 1998).
(a) Recordkeeping and reporting requirements. Vessels and
processors participating in pollock CDQ fisheries must comply with
recordkeeping and reporting requirements set out at Sec. 679.5.
(b) Total pollock harvests--(1) Observer estimates. Total pollock
harvests for each CDP will be determined by observer estimates of total
catch and catch composition, as reported on the daily observer catch
message.
(2) Cease fishing. The CDQ-managing organization must arrange to
receive a copy of the observer daily catch message from processors in a
manner that allows the CDQ-managing organization to inform processors
to cease fishing operations before the CDQ allocation has been
exceeded. CDQ-managing organization representatives must also inform
NMFS within 24 hours after the CDQ has been reached and fishing has
ceased.
(3) NMFS estimates. If NMFS determines that the observer, the
processor, or the CDQ-managing organization failed to follow the
procedures described in paragraphs (c), (d), and (e) of this section
for estimating the total harvest of pollock, or violated any other
regulation in this subpart C of this part, NMFS reserves the right to
estimate the total pollock harvest based on the best available data.
(c) Observer coverage. Vessel operators and processors
participating in CDQ fisheries must comply with the following
requirements for observer coverage:
(1) Shoreside processor. (i) Each shoreside processor participating
in the CDQ fisheries must have one NMFS-certified observer present at
all times while groundfish harvested under a CDQ are being received or
processed.
(ii) The Regional Director is authorized to require more than one
observer for a shoreside processor if:
(A) The CDQ delivery schedule requires an observer to be on duty
more than 12 hours in a 24-hour period;
(B) Simultaneous deliveries of CDQ harvests by more than one vessel
cannot be monitored by a single observer; or
(C) One observer is not capable of adequately monitoring CDQ
deliveries.
(2) Processor vessel. Each processor vessel participating in the
CDQ fisheries must have two NMFS-certified observers aboard the vessel
at all times while groundfish harvested under a CDQ are being
harvested, processed, or received from another vessel.
(3) Catcher vessel. Observer coverage requirements for catcher
vessels participating in the CDQ fisheries are in addition to any
observer coverage requirements in subpart E of this part. Each catcher
vessel delivering groundfish harvested under a CDQ, other than a
catcher vessel delivering only unsorted codends to a processor or
another vessel, must have a NMFS-certified observer on the vessel at
all times while the vessel is participating in the CDQ fisheries,
regardless of the vessel length.
(d) Shoreside processor equipment and operational requirements.
Each shoreside processor participating in the CDQ fisheries must comply
with the following requirements:
(1) Certified scale. Groundfish harvested in the CDQ fisheries must
be recorded and weighed on a scale certified by the State of Alaska.
Such a scale must measure catch weights at all times to at least 95-
percent accuracy, as determined by a NMFS-certified observer or
authorized officer. The scale and scale display must be visible
simultaneously by the observer.
(2) Access to scale. Observers must be provided access to the scale
used to weigh groundfish landings.
(3) Retention of scale printouts. Printouts of scale measurements
of each CDQ delivery must be made available to observers and be
maintained in the shoreside processor for the duration of the fishing
year, or for as long after a fishing year as product from fish
harvested during that year are retained in the shoreside processor.
(4) Prior notice of offloading schedule. The manager of each
shoreside processor must notify the observer(s) of the offloading
schedule of each CDQ groundfish delivery at least 1 hour prior to
offloading to provide the observer an opportunity to monitor the
weighing of the entire delivery.
(e) Processor vessel measurement requirements. Each processor
vessel participating in the CDQ fishery for pollock must estimate the
total weight of its groundfish catch by the volumetric procedures
specified in paragraph (e)(1) of this section or must weigh its catch
in accordance with the procedures in paragraph (e)(2) of this section.
(1) Volumetric measures of total catch--(i) Receiving bins. Each
processor vessel estimating its catch by volumetric measurement must
have one or more receiving bins in which all fish catches are placed to
determine total catch weight prior to sorting operations.
(ii) Bin volume. The volume of each bin must be accurately
measured, and the bin must be permanently marked and numbered in 10-cm
increments on
[[Page 31269]]
all internal sides of the bin. Marked increments, except those on the
wall containing the viewing port or window, must be readable from the
outside of the bin at all times. Bins must be lighted in a manner that
allows marked increments to be read from the outside of the bin by a
NMFS-certified observer or authorized officer.
(iii) Bin certification. (A) The bin volume and marked and numbered
increments must be certified by a registered engineer with no financial
interest in fishing, fish processing, or fish tender vessels, or by a
qualified organization that has been designated by the USCG Commandant,
or an authorized representative thereof, for the purpose of classing or
examining commercial fishing industry vessels under the provisions of
46 CFR 28.76.
(B) Bin volumes and marked and numbered increments must be
recertified each time a bin is structurally or physically changed.
(C) The location of bin markings, as certified, must be described
in writing. Tables certified under this paragraph (e)(1)(iii)
indicating the volume of each certified bin in cubic meters for each
10-cm increment marked on the sides of the bins, must be submitted to
the NMFS Observer Program prior to harvesting or receiving groundfish
and must be maintained on board the vessel and made available to NMFS-
certified observers at all times.
(D) All bin certification documents must be dated and signed by the
certifier.
(iv) Prior notification. Vessel operators must notify observers
prior to any removal or addition of fish from each bin used for
volumetric measurements of catch in such a manner that allows an
observer to take bin volume measurements prior to fish being removed
from or added to the bin. Once a volumetric measurement has been taken,
additional fish may not be added to the bin until at least half the
original volume has been removed. Fish may not be removed from or added
to a bin used for volumetric measurements of catch until an observer
indicates that bin volume measurements have been completed and any
samples of catch required by the observer have been taken.
(v) Separation of fish. Fish from separate hauls or deliveries from
separate harvesting vessels may not be mixed in any bin used for
volumetric measurements of catch.
(vi) Bin viewing port. Fish must not be loaded into a bin used for
volumetric measurements above the level of the viewing port in the bin.
(2) Scale weight measurements of total catch--(i) Equipment. Any
scale used on a processor vessel to weigh groundfish harvested in the
CDQ fisheries must measure catch weights to at least 95-percent
accuracy at all times as determined by a NMFS-certified observer or
authorized officer. The scale must be equipped with a functional motion
compensation device to account for vessel acceleration, roll, pitch,
and vibration movement. The scale and scale display must be visible by
the observer simultaneously.
(ii) Printouts. Printouts of scale measurements of each haul weight
must be made available to the observer and be maintained on board the
vessel for the duration of the fishing year or for as long after a
fishing year as products from fish harvested during that year are
retained on board a vessel.
(iii) Separation of fish. The catch from each haul must be kept
separate, such that the scale weight can be obtained separately for
each haul.
Sec. 679.33 Halibut and sablefish CDQ.
(a) Permits. The Regional Director will issue a halibut and/or
sablefish CDQ permit to the managing organization responsible for
carrying out an approved CDQ project. A copy of the halibut and/or
sablefish CDQ permit must be carried on any fishing vessel operated by
or for the managing organization, and be made available for inspection
by an authorized officer. Each halibut and/or sablefish CDQ permit will
be non-transferable and will be effective for the duration of the CDQ
project or until revoked, suspended, or modified.
(b) CDQ cards. The Regional Director will issue halibut and/or
sablefish CDQ cards to all individuals named on an approved CDP
application. Each halibut and/or sablefish CDQ card will identify a CDQ
permit number and the individual authorized by the managing
organization to land halibut and/or sablefish for debit against its CDQ
allocation.
(c) Alteration. No person may alter, erase, or mutilate a halibut
and/or sablefish CDQ permit, card, registered buyer permit, or any
valid and current permit or document issued under this part. Any such
permit, card, or document that has been intentionally altered, erased,
or mutilated will be invalid.
(d) Landings. All landings of halibut and/or sablefish harvested
under an approved CDQ project, dockside sales, and outside landings of
halibut and/or sablefish must be landed by a person with a valid
halibut and/or sablefish CDQ card to a person with a valid registered
buyer permit, and reported in compliance with Sec. 679.5 (l)(1) and
(l)(2).
(e) CDQ fishing seasons. See Sec. 679.23(e)(4).
Sec. 679.34 CDQ halibut and sablefish determinations and appeals.
Section 679.43 describes the procedure for appealing initial
administrative determinations for the halibut and sablefish CDQ program
made under this subpart C of this part.
Subpart D--Individual Fishing Quota Management Measures
Sec. 679.40 Sablefish and halibut QS.
The Regional Director shall annually divide the TAC of halibut and
sablefish that is apportioned to the fixed gear fishery pursuant to
part 301 of this title and Sec. 679.20, minus the CDQ reserve, among
qualified halibut and sablefish quota share holders, respectively.
(a) Initial allocation of QS--(1) General. The Regional Director
shall initially assign to qualified persons, on or after October 18,
1994, halibut and sablefish fixed gear fishery QS that are specific to
IFQ regulatory areas and vessel categories. QS will be assigned as a
block in the appropriate IFQ regulatory area and vessel category, if
that QS would have resulted in an allocation of less than 20,000 lb (9
mt) of IFQ for halibut or sablefish based on the 1994 TAC for fixed
gear in those fisheries for specific IFQ regulatory areas and the QS
pools of those fisheries for specific IFQ regulatory areas as of
October 17, 1994.
(2) Qualified person. (i) As used in this section, a ``qualified
person'' means a ``person,'' as defined in Sec. 679.2:
(A) That owned a vessel that made legal landings of halibut or
sablefish, harvested with fixed gear, from any IFQ regulatory area in
any QS qualifying year; or
(B) That leased a vessel that made legal landings of halibut or
sablefish, harvested with fixed gear, from any IFQ regulatory area in
any QS qualifying year. A person who owns a vessel cannot be a
qualified person based on the legal fixed gear landings of halibut or
sablefish made by a person who leased the vessel for the duration of
the lease.
(ii) Qualified persons, or their successors-in-interest, must exist
at the time of their application for QS.
(iii) A former partner of a dissolved partnership or a former
shareholder of a dissolved corporation who would otherwise qualify as a
person may apply for QS in proportion to his or her interest in the
dissolved partnership or corporation.
[[Page 31270]]
(iv) Sablefish harvested within Prince William Sound, or under a
State of Alaska limited entry program, will not be considered in
determining whether a person is a qualified person.
(3) Qualification for QS--(i) Year. A QS qualifying year is 1988,
1989, or 1990.
(ii) Vessel ownership. Evidence of vessel ownership shall be
limited to the following documents, in order of priority:
(A) For vessels required to be documented under the laws of the
United States, the USCG abstract of title issued in respect of that
vessel.
(B) A certificate of registration that is determinative as to
vessel ownership.
(C) A bill of sale.
(iii) Vessel lease. Conclusive evidence of a vessel lease will
include a written vessel lease agreement or a notarized statement from
the vessel owner and lease holder attesting to the existence of a
vessel lease agreement at any time during the QS qualifying years.
Conclusive evidence of a vessel lease must identify the leased vessel
and indicate the name of the lease holder and the period of time during
which the lease was in effect. Other evidence, which may not be
conclusive, but may tend to support a vessel lease, may also be
submitted.
(iv) Ownership interest. Evidence of ownership interest in a
dissolved partnership or corporation shall be limited to corporate
documents (e.g., articles of incorporation) or notarized statements
signed by each former partner, shareholder or director, and specifying
their proportions of interest.
(v) Legal landing of halibut or sablefish--(A) Definition. As used
in this section, a ``legal landing of halibut or sablefish'' means
halibut or sablefish harvested with fixed gear and landed in compliance
with state and Federal regulations in effect at the time of the
landing.
(B) Documentation. Evidence of legal landings shall be limited to
documentation of state or Federal catch reports that indicate the
amount of halibut or sablefish harvested, the IPHC regulatory area or
groundfish reporting area in which it was caught, the vessel and gear
type used to catch it, and the date of harvesting, landing, or
reporting. State catch reports are Alaska, Washington, Oregon, or
California fish tickets. Federal catch reports are WPRs required under
Sec. 679.5. Sablefish harvested within Prince William Sound or under a
State of Alaska limited entry program will not be considered in
determining qualification to receive QS, nor in calculating initial QS.
(4) Calculation of initial QS--(i) Halibut QS. The Regional
Director shall calculate the halibut QS for any qualified person in
each IFQ regulatory area based on that person's highest total legal
landings of halibut in each IPHC regulatory area for any 5 years of the
7-year halibut QS base period 1984 through 1990. The sum of all halibut
QS for an IFQ regulatory area will be the halibut QS pool for that
area.
(ii) Sablefish QS. The Regional Director shall calculate the
sablefish QS for any qualified person in each IFQ regulatory area based
on that person's highest total legal landings of sablefish in each
groundfish reporting area for any 5 years of the 6-year sablefish QS
base period 1985 through 1990. The sum of all sablefish QS for an IFQ
regulatory area will be the sablefish QS pool for that area.
(iii) CDQ program. Each initial QS calculation will be modified to
accommodate the CDQ program prescribed at subpart C of this part.
(5) Assignment of QS to vessel categories--(i) LOA. Each qualified
person's QS will be assigned to a vessel category based on the LOA of
vessel(s) from which that person made fixed gear legal landings of
groundfish or halibut in the most recent year of participation and the
product type landed. As used in this paragraph (a)(5), ``the most
recent year of participation'' means the most recent of 4 calendar
years in which any groundfish or halibut were harvested using fixed
gear, as follows: 1988, 1989, or 1990; or calendar year 1991 prior to
September 26, 1991.
(ii) Vessel categories. Vessel categories include:
(A) Category A--freezer vessels of any length.
(B) Category B--catcher vessels greater than 60 ft (18.3 m) LOA.
(C) Category C--catcher vessels less than or equal to 60 ft (18.3
m) LOA for sablefish, or catcher vessels greater than 35 ft (10.7 m)
but less than or equal to 60 ft (18.3 m) LOA for halibut.
(D) Category D--catcher vessels that are less than or equal to 35
ft (10.7 m) LOA for halibut.
(iii) QS assignment. A qualified person's QS will be assigned:
(A) To vessel category A if, at any time during his/her most recent
year of participation, that person's vessel processed any groundfish or
halibut caught with fixed gear.
(B) To vessel category B if, at any time during his/her most recent
year of participation, that person's vessel was greater than 60 ft
(18.3 m) LOA and did not process any groundfish or halibut caught with
fixed gear.
(C) To each applicable vessel category in proportion to the
landings of halibut or sablefish made by that person if, at any time
during their most recent year of participation, that person used more
than one vessel in different categories.
(iv) Sablefish QS. A qualified person's sablefish QS will be
assigned:
(A) To vessel category C if, at any time during his/her most recent
year of participation, that person's vessel was less than or equal to
60 ft (18.3 m) LOA and did not process any groundfish or halibut caught
with fixed gear.
(B) To the vessel category in which halibut and groundfish were
landed, or vessel categories in proportion to the total fixed gear
landings of halibut and groundfish, if, at any time during the most
recent year of participation, that person's vessel(s) makes no
landing(s) of sablefish.
(v) Halibut QS. A qualified person's halibut QS will be assigned:
(A) To vessel category C if, at any time during his/her most recent
year of participation, that person's vessel was less than or equal to
60 ft (18.3 m), but greater than 35 ft (10.7 m), LOA and did not
process any groundfish or halibut caught with fixed gear.
(B) To vessel category D if, at any time during his/her most recent
year of participation, that person's vessel was less than or equal to
35 ft (10.7 m) LOA and did not process any groundfish or halibut caught
with fixed gear.
(C) To the vessel category in which groundfish were landed, or
vessel categories in proportion to the total fixed gear landings of
groundfish, if, at any time during the most recent year of
participation, that person's vessel(s) makes no landing(s) of halibut.
(vi) Both species QS. A qualified person's QS for both species will
be assigned to the vessel category in which groundfish were landed in
the most recent year of participation if, at any time during that year,
that person landed halibut in one vessel category and sablefish in a
different vessel category.
(6) Application for initial QS--(i) Application form. Upon request,
the Regional Director shall make available to any person an application
form for an initial allocation of QS. The application form sent to the
person requesting a QS allocation will include all data on that
person's vessel ownership and catch history of halibut and sablefish
that can be released to the applicant under current state and Federal
confidentiality rules, and that are available to the Regional Director
at the time of the request.
(ii) Application period. An application period of no less than 180
[[Page 31271]]
days will be specified by notification in the Federal Register and
other information sources that the Regional Director deems appropriate.
(iii) Complete application. Complete applications received by the
Regional Director will be acknowledged. An incomplete application will
be returned to the applicant with specific kinds of information
identified that are necessary to make it complete.
(7) Insufficient documentation. Halibut and sablefish catch
history, vessel ownership or lease data, and other information supplied
by an applicant will be compared with data compiled by the Regional
Director. If additional data presented in an application are not
consistent with the data compiled by the Regional Director, the
applicant will be notified of insufficient documentation. The applicant
will have 90 days to submit corroborating documents (as specified in
paragraph (a) of this section) in support of his/her application or to
resubmit a revised application. All applicants will be limited to one
opportunity to provide corroborating documentation or a revised
application in response to notification of insufficient documentation.
(8) Verified data. Uncontested data in applications will be
approved by the Regional Director. Based on these data, the Regional
Director will calculate each applicant's initial halibut and sablefish
QS, as provided in paragraph (b) of this section, for each IFQ
regulatory area, respectively, and will add each applicant's halibut
and sablefish QS for an IFQ regulatory area to the respective QS pool
for that area.
(9) Unverified data. Catch history, vessel ownership, or lease data
that cannot be verified by the Regional Director, following the
procedure described in paragraph (a)(7) of this section, will not
qualify for QS. An initial determination denying QS on the grounds that
claimed catch history, vessel ownership or lease data were not verified
may be appealed following the procedure described in Sec. 679.43. Quota
share reflecting catch history, vessel ownership, or lease data that
are contested between two or more applicants, at least one of which is
likely to qualify for QS when the dispute is resolved, will be assigned
to a reserve that will be considered part of the QS pool for the
appropriate IFQ regulatory area. Any QS and IFQ that results from
agency action resolving the dispute will be assigned to the prevailing
applicant(s) pursuant to paragraphs (a)(4), (a)(5), (b), and (c) of
this section. If the assigned IFQ for the 1995 fishing season becomes
moot by passage of time needed to resolve the dispute, the assignment
of QS and IFQ for subsequent fishing seasons will be unaffected.
(b) Annual allocation of IFQ. The Regional Director shall assign
halibut or sablefish IFQs to each person holding unrestricted QS for
halibut or sablefish, respectively, up to the limits prescribed in
Sec. 679.42 (e) and (f). Each assigned IFQ will be specific to an IFQ
regulatory area and vessel category, and will represent the maximum
amount of halibut or sablefish that may be harvested from the specified
IFQ regulatory area and by the person to whom it is assigned during the
specified fishing year, unless the IFQ assignment is changed by the
Regional Director within the fishing year because of an approved
transfer or because all or part of the IFQ is sanctioned for violating
rules of this part.
(c) Calculation of annual IFQ allocation--(1) General. The annual
allocation of IFQ to any person (person p) in any IFQ regulatory area
(area a) will be equal to the product of the TAC of halibut or
sablefish by fixed gear for that area (after adjustment for purposes of
the Western Alaska CDQ Program) and that person's QS divided by the QS
pool for that area. Overages will be subtracted from a person's IFQ
pursuant to paragraph (d) of this section. Expressed algebraically, the
annual IFQ allocation formula is as follows:
IFQ pa = [(fixed gear TACa - CDQ reservea) x
(QSpa/QS poola)] - overage of IFQpa.
(2) QS amounts. For purposes of calculating IFQs for any fishing
year, the amount of a person's QS and the amount of the QS pool for any
IFQ regulatory area will be the amounts on record with the Alaska
Region, NMFS, as of 1200 hours, A.l.t., on January 31 of that year.
(3) IFQ permit. The Regional Director shall issue to each QS
holder, pursuant to Sec. 679.4, an IFQ permit accompanied by a
statement specifying the maximum amount of halibut and sablefish that
may be harvested with fixed gear in a specified IFQ regulatory area and
vessel category as of January 31 of that year. Such IFQ permits will be
sent by certified mail to each QS holder at the address on record for
that person after the beginning of each fishing year, but prior to the
start of the annual IFQ fishing season.
(d) Ten-percent adjustment policy. A person's annual IFQ account
will be adjusted in the year following a determination that the person
harvested or landed IFQ species in an amount is greater than the amount
available in the person's annual IFQ account and if the amount greater
than the amount available does not exceed 10 percent of the amount
available in the person's annual IFQ account at the time of landing.
The adjustment would be a deduction of the amount of IFQ species
harvested or landed that was determined to exceed the amount available
in the person's annual IFQ account and will apply to any person to whom
the affected IFQ is allocated in the year following the determination.
(e) Underages. Underages of up to 10 percent of a person's total
annual IFQ account for a current fishing year will be added to that
person's annual IFQ account in the year following determination of the
underage. This underage adjustment to the annual IFQ allocation will be
specific to IFQ species, IFQ regulatory area, and vessel category for
which an IFQ is calculated, and will apply to any person to whom the
affected IFQ is allocated in the year following determination of an
underage.
(f) Harvesting privilege. Quota shares allocated or permits issued
pursuant to this part do not represent either an absolute right to the
resource or any interest that is subject to the ``takings'' provision
of the Fifth Amendment of the U.S. Constitution. Rather, such quota
shares or permits represent only a harvesting privilege that may be
revoked or amended subject to the requirements of the Magnuson Act and
other applicable law.
Sec. 679.41 Transfer of QS and IFQ.
(a) General. (1) Except as provided in paragraph (a)(2) of this
section, transfer of QS or IFQ means any transaction requiring QS, or
the use thereof in the form of IFQ, to pass from one person to another,
permanently or for a fixed period of time.
(2) Transactions requiring IFQ cards to be issued in the name of a
vessel master employed by an individual or a corporation are not
transfers of QS or IFQ.
(b) Transfer procedure--(1) Application for transfer. A person who
receives QS by transfer may not use IFQ resulting from that QS for
harvesting halibut or sablefish with fixed gear until an Application
for Transfer of QS/IFQ (Application for Transfer) is approved by the
Regional Director. The Regional Director shall provide an Application
for Transfer form to any person on request. Persons who submit an
Application for Transfer to the Regional Director for approval will
receive notification of the Regional Director's decision to approve or
disapprove the Application for Transfer, and, if applicable, the
reason(s) for
[[Page 31272]]
disapproval, by mail posted on the date of that decision, unless
another communication mode is requested on the Application for
Transfer.
(2) QS or IFQ accounts. QS or IFQ accounts affected by an
Application for Transfer approved by the Regional Director will change
on the date of approval. Any necessary IFQ permits will be sent with
the notification of the Regional Director's decision.
(c) Application for Transfer approval criteria. Except as provided
in paragraph (f) of this section, an Application for Transfer will not
be approved until the Regional Director has determined that:
(1) The person applying for transfer received the QS or IFQ to be
transferred:
(i) By initial assignment by the Regional Director as provided in
Sec. 679.40(a); or
(ii) By approved transfer.
(2) The person applying to receive the QS or IFQ meets the
requirements of eligibility in paragraph (d) of this section.
(3) The person applying for transfer and the person applying to
receive the QS or IFQ have their notarized signatures on the
Application for Transfer.
(4) There are no fines, civil penalties, or other payments due and
owing, or outstanding permit sanctions, resulting from Federal fishery
violations involving either person.
(5) The person applying to receive the QS or IFQ currently exists.
(6) The transfer would not cause the person applying to receive the
QS or IFQ to exceed the use limits in Sec. 679.42 (e) or (f).
(7) The transfer would not violate the provisions of paragraph (g)
of this section.
(8) Other pertinent information requested on the Application for
Transfer has been supplied to the satisfaction of the Regional
Director.
(d) Eligibility to receive QS or IFQ by transfer--(1) Application
for Eligibility. All persons applying to receive QS or IFQ must submit
an Application for Eligibility to Receive QS/IFQ (Application for
Eligibility), containing accurate information, to the Regional
Director. The Regional Director will not approve a transfer of IFQ or
QS to a person until the Application for Eligibility for that person is
approved by the Regional Director. The Regional Director shall provide
an Application for Eligibility form to any person on request.
(2) Type of eligibility. A person must indicate on the Application
for Eligibility whether the eligibility sought is as:
(i) An individual; or
(ii) A corporation, partnership, or other entity.
(3) Application filing order. A person may submit the Application
for Eligibility with the Application for Transfer or file the
Application for Eligibility prior to submitting the Application for
Transfer. If a person, as described in paragraph (d)(2)(ii) of this
section, files the Application for Eligibility prior to submitting the
Application for Transfer, and that person's status subsequently
changes, as described in Sec. 679.42(j), that person must resubmit an
Application for Eligibility before submitting, or with, the Application
for Transfer.
(4) Certified mail. The Regional Director's approval of an
Application for Eligibility will be mailed to the person by certified
mail.
(5) Notification. The Regional Director will notify the applicant
if an Application for Eligibility is disapproved. This notification of
disapproval will include:
(i) The disapproved Application for Eligibility.
(ii) An explanation of why the Application for Eligibility was not
approved.
(6) Reasons for disapproval. Reasons for disapproval of an
Application for Eligibility may include, but are not limited to:
(i) Fewer than 150 days of experience working as an IFQ crewmember.
(ii) Lack of compliance with the U.S. citizenship or corporate
ownership requirements specified by the definition of ``person'' at
Sec. 679.2.
(iii) An incomplete Application for Eligibility.
(iv) Fines, civil penalties, or other payments due and owing, or
outstanding permit sanctions, resulting from Federal fishery
violations.
(e) Transfers of QS blocks. (1) A QS block must be transferred as
an undivided whole, unless the size of the QS block exceeds the use
limits specified at Sec. 679.42. If the QS block to be transferred
exceeds the use limits specified at Sec. 679.42, the Regional Director
will divide the block into two blocks, one block containing the maximum
amount of QS allowable under the QS use limits and the other block
containing the residual QS.
(2) QS blocks representing less than 1,000 lb (0.5 mt) of IFQ for
halibut or less than 3,000 lb (1.9 mt) for sablefish, based on the
factors listed in Sec. 679.40(a), for the same IFQ regulatory area and
vessel category, may be consolidated into larger QS blocks, provided
that the consolidated QS blocks do not represent greater than 1,000 lb
(0.5 mt) of IFQ for halibut or greater than 3,000 lb (1.4 mt) of IFQ
for sablefish based on the factors listed in Sec. 679.40(a). A
consolidated QS block cannot be divided and is considered a single
block for purposes of use and transferability.
(f) Transfer of QS or IFQ with restrictions. If QS or IFQ must be
transferred as a result of a court order, operation of law, or as part
of a security agreement, but the person receiving the QS or IFQ by
transfer does not meet all of the eligibility requirements of this
section, the Regional Director will approve the Application for
Transfer with restrictions. The Regional Director will not assign IFQ
resulting from the restricted QS to any person. IFQ with restrictions
may not be used for harvesting halibut or sablefish with fixed gear.
The QS or IFQ will remain restricted until:
(1) The person who received the QS or IFQ with restrictions meets
the eligibility requirements of this section and the Regional Director
approves an Application for Eligibility for that person; or
(2) The Regional Director approves the Application for Transfer
from the person who received the QS or IFQ with restrictions to a
person who meets the requirements of this section.
(g) Transfer restrictions, catcher vessel QS. (1) Except as
provided in paragraph (f) or (g)(2) of this section, only persons who
are IFQ crewmembers, or who were initially assigned catcher vessel QS,
and meet the other requirements in this section may receive catcher
vessel QS.
(2) Except as provided in paragraph (g)(3) of this section, only
persons who are IFQ crew members may receive catcher vessel QS in IFQ
regulatory area 2C for halibut or in the IFQ regulatory area east of
140 deg. W. long. for sablefish.
(3) Catcher vessel QS initially assigned to an individual may be
transferred to a corporation that is solely owned by the same
individual. Such transfers of catcher vessel QS in IFQ regulatory area
2C for halibut or in the IFQ regulatory area east of 140 deg. W. long.
for sablefish will be governed by the use provisions of Sec. 679.42(i);
the use provisions pertaining to corporations at Sec. 679.42(j) shall
not apply.
(4) Except as provided in paragraph (h) of this section, or by
court order, operation of law, or as part of a security agreement, the
Regional Director will not approve an Application for Transfer of
catcher vessel QS subject to a lease or any other condition of
repossession or resale by the person transferring QS. The Regional
Director may request a copy of the sales contract or other terms and
conditions of transfer between two
[[Page 31273]]
persons as supplementary information to the transfer application.
(h) Leasing QS (applicable until January 2, 1998). A person may not
use IFQ resulting from a QS lease for harvesting halibut or sablefish
until an Application for Transfer complying with the requirements of
paragraph (b) of this section and the lease agreement are approved by
the Regional Director. A person may lease no more than 10 percent of
that person's total catcher vessel QS for any IFQ species in any IFQ
regulatory area to one or more persons for any fishing year. After
approving the Application for Transfer, the Regional Director shall
change any IFQ accounts affected by an approved QS lease and issue all
necessary IFQ permits. QS leases must comply with all transfer
requirements specified in this section. All leases will expire on
December 31 of the calendar year for which they are approved.
(i) Transfer across catcher vessel categories--(1) CDQ
compensation. Persons issued CDQ compensation QS in a catcher vessel
category, pursuant to Sec. 679.41(j), and in an IFQ regulatory area in
which they do not hold QS other than CDQ compensation QS, may use that
CDQ compensation QS on any catcher vessel. This exemption from catcher
vessel categories ends upon the first transfer of the CDQ compensation
QS. CDQ compensation QS being transferred will be permanently assigned
to a specific catcher vessel category as designated by the person
receiving the transfer.
(2) Redesignated catcher vessel category (Applicable until February
24, 1997). Catcher vessel QS transferred as partial or total
consideration for the transfer of CDQ compensation QS may be
redesignated into a new catcher vessel category if the CDQ compensation
QS being transferred can be used on any catcher vessel pursuant to the
exemption in paragraph (i)(1) of this section and the person to which
that CDQ compensation QS was issued is party to the transfer.
(3) CDQ compensation QS definition. For purposes of this paragraph
(i), CDQ compensation QS is QS issued as compensation for halibut and
sablefish harvest privileges foregone due to the CDQ Program, as
provided in paragraph (j) of this section.
(j) Compensation for CDQ allocations. (1) The Regional Director
will compensate persons that receive a reduced halibut QS in IPHC
regulatory areas 4B, 4C, 4D, or 4E because of the halibut CDQ program
by adding halibut QS from IPHC regulatory areas 2C, 3A, 3B, and 4A.
This compensation of halibut QS from areas 2C, 3A, 3B, and 4A will be
allocated in proportion to the amount of halibut QS foregone due to the
CDQ allocation authorized by this section.
(2) The Regional Director will compensate persons that receive a
reduced sablefish QS in any BSAI IFQ regulatory area because of the
sablefish CDQ program by taking sablefish QS from the IFQ regulatory
areas of the GOA and allocating it in proportion to the loss suffered
by persons in the BSAI area. Such additional compensation of sablefish
QS will be allocated in proportion to the amount of sablefish QS
foregone due to the CDQ allocation authorized by this section.
(3) Persons initially issued QS for IFQ regulatory areas in which a
portion of the TAC is allocated to the CDQ Program will be compensated
for halibut and sablefish harvest privileges foregone due to the CDQ
Program. If a person does not hold QS in an IFQ regulatory area on the
date the compensation is issued, that person's compensation will be
issued as unblocked. If a person does hold QS in an IFQ regulatory area
on the date compensation is issued, that person's compensation will be
added to their existing QS in that IFQ regulatory area. The resulting
QS amount will be blocked or unblocked according to the criteria found
at Sec. 679.40(a). Compensation will be calculated for each non-CDQ
area using the following formula:
QN = (QC x QSPN x RATE)/(SUMCDQ-
[RATE x SUMTAC]) ([1-RATE] x TACAVE) (QSPC x [CDQ
PCT -RATE])
Where:
QN = quota share in non-CDQ area
QC = quota share in CDQ area
QSPN = quota share pool in non-CDQ area (as existing on January
31, 1995)
RATE = SUMCDQ/average of the TAC (1988-1994) for all CDQ and
non-CDQ areas
TACAVE = average of the TAC (1988-1994) for CDQ area
QSPC = quota share pool in CDQ area (as existing on January 31,
1995)
CDQPCT = CDQ percentage for CDQ area
SUMCDQ = sum [TACAVE x CDQPCT]
SUMTAC = sum [TACAVE]
Sec. 679.42 Limitations on use of QS and IFQ.
(a) IFQ regulatory area. The QS or IFQ specified for one IFQ
regulatory area and one vessel category must not be used in a different
IFQ regulatory area or vessel category, except as provided in paragraph
(i)(2) of this section, or in Sec. 679.41(i)(1).
(b) Gear. Halibut IFQ must be used only to harvest halibut with
fishing gear authorized in Sec. 679.2. Sablefish fixed gear IFQ must
not be used to harvest sablefish with trawl gear in any IFQ regulatory
area, or with pot gear in any IFQ regulatory area of the GOA.
(c) Requirements. Any individual who harvests halibut or sablefish
with fixed gear must:
(1) Have a valid IFQ card.
(2) Be aboard the vessel at all times during fishing operations.
(3) Sign any required fish ticket or IFQ landing report for the
amount of halibut or sablefish that will be debited against the IFQ
associated with their IFQ card.
(i) Sablefish PRRs. The amount of sablefish to be reported to NMFS
for debit from an IFQ account will be the round-weight equivalent
determined by dividing the initial accurate scale weight of the
sablefish product obtained at time of landing by the standard PRRs for
sablefish in Table 3 to this part.
(ii) Halibut PRRs. The amount of halibut to be reported to NMFS for
debit from an IFQ account will be the gutted, head-off weight
determined by multiplying the initial accurate scale weight of the
halibut obtained at the time of landing by the following conversion
factors:
------------------------------------------------------------------------
Conversion
Product code Product description factor
------------------------------------------------------------------------
01.......................... Whole fish................... 0.75
04.......................... Gutted, head on.............. 0.90
05.......................... Gutted, head off............. 1.00
------------------------------------------------------------------------
(d) Emergency waiver. The requirement of paragraph (c) of this
section for an individual IFQ card holder to be aboard the vessel
during fishing operations and to sign the IFQ landing report may be
waived in the event of extreme personal emergency involving the IFQ
user during a fishing trip. The waiving of these requirements shall
apply only to IFQ halibut or IFQ sablefish retained on the fishing trip
during which such emergency occurred.
(e) Sablefish QS use. (1) No person, individually or collectively,
may use an amount of sablefish QS greater than 1 percent of the
combined total sablefish QS for the GOA and BSAI IFQ regulatory areas,
unless the amount in excess of 1 percent was received in the initial
allocation of QS.
(2) In the IFQ regulatory area east of 140 deg. W. long., no
person, individually or collectively, may use more than 1 percent of
the total amount of QS for this area, unless the amount in excess of 1
percent was received in the initial allocation of QS.
(f) Halibut QS use. Unless the amount in excess of the following
limits was received in the initial allocation of halibut QS, no person,
individually or collectively, may use more than:
[[Page 31274]]
(1) IFQ regulatory area 2C. One percent of the total amount of
halibut QS for IFQ regulatory area 2C.
(2) IFQ Regulatory areas 2C, 3A, and 3B. One-half percent of the
total amount of halibut QS for IFQ regulatory areas 2C, 3A, and 3B,
combined.
(3) IFQ Regulatory areas 4A, 4B, 4C, 4D, and 4E. One-half percent
of the total amount of halibut QS for IFQ regulatory areas 4A, 4B, 4C,
4D, and 4E, combined.
(g) Limitations on QS blocks--(1) Number of blocks per species. (i)
Except as provided in paragraph (g)(1)(ii) of this section, no person,
individually or collectively, may hold more than two blocks for each
species in any IFQ regulatory area.
(ii) If that person, individually or collectively, holds unblocked
QS for a species in an IFQ regulatory area, such person may only hold
one QS block for that species in that IFQ regulatory area.
(2) Holding or to hold blocks of QS. For purposes of this section,
``holding'' or ``to hold'' blocks of QS means being registered by NMFS
as the person who received QS by initial assignment or approved
transfer.
(h) Vessel limitations--(1) Halibut. (i) Except as provided in
paragraph (h)(1)(ii) of this section, no vessel may be used, during any
fishing year, to harvest more than one-half percent of the combined
total catch limits of halibut for IFQ regulatory areas 2C, 3A, 3B, 4A,
4B, 4C, 4D, and 4E.
(ii) In IFQ regulatory area 2C, no vessel may be used to harvest
more than 1 percent of the halibut catch limit for this area.
(2) Sablefish. (i) Except as provided in paragraph (h)(2)(ii) of
this section, no vessel may be used, during any fishing year, to
harvest more than 1 percent of the combined fixed gear TAC of sablefish
for the GOA and BSAI IFQ regulatory areas.
(ii) In the IFQ regulatory area east of 140 deg. W. long., no
vessel may be used to harvest more than 1 percent of the fixed gear TAC
of sablefish for this area.
(3) Excess. A person who receives an approved IFQ allocation of
halibut or sablefish in excess of these limitations may nevertheless
catch and retain all of that IFQ with a single vessel. However, two or
more persons may not catch and retain their IFQs with one vessel in
excess of these limitations.
(i) Use of catcher vessel IFQ. Except as provided in paragraph
(i)(1) of this section, in addition to the requirements of paragraph
(c) of this section, catcher vessel IFQ cards must be used only by the
individual who holds the QS from which the associated IFQ is derived.
(1) Exemption. (i) An individual who receives an initial allocation
of catcher vessel QS does not have to be aboard the vessel and sign IFQ
landing reports if that individual owns the vessel on which IFQ
sablefish or halibut are harvested, and is represented on the vessel by
a master employed by the individual who received the initial allocation
of QS.
(ii) The exemption provided in paragraph (i)(1)(i) of this section
does not apply to individuals who receive an initial allocation of
catcher vessel QS for halibut in IFQ regulatory area 2C or for
sablefish QS in the IFQ regulatory area east of 140 deg. W. long., and
this exemption is not transferrable.
(2) Freezer vessel. (i) Catcher vessel IFQ may be used on a freezer
vessel, provided that the length of the freezer vessel using the
catcher vessel IFQ is consistent with the vessel category of the
catcher vessel IFQ, as specified at Sec. 679.40(a)(5)(ii) (B) through
(D) and no frozen or otherwise processed fish products are on board at
any time during a fishing trip on which catcher vessel IFQ is being
used.
(ii) A vessel using catcher vessel IFQ may not land any IFQ species
as frozen or otherwise processed product. Processing of fish on the
same vessel that harvested those fish using catcher vessel QS is
prohibited.
(j) Use of catcher vessel IFQ by corporations and partnerships. A
corporation or partnership that receives an initial allocation of
catcher vessel QS may use the IFQ resulting from that QS and any
additional QS acquired within the limitations of this section, provided
the corporation or partnership owns the vessel on which its IFQ is
used, and it is represented on the vessel by a master employed by the
corporation or partnership that received the initial allocation of QS.
This provision is not transferrable and does not apply to catcher
vessel QS for halibut in IFQ regulatory area 2C or for sablefish in the
IFQ regulatory area east of 140 deg. W. long. that is transferred to a
corporation or partnership. Such transfers of additional QS within
these areas must be to an individual pursuant to Sec. 679.41(c) and be
used pursuant to paragraphs (c) and (i) of this section.
(1) A corporation or partnership, except for a publicly-held
corporation, that receives an initial allocation of catcher vessel QS
loses the exemption provided under paragraph (j) introductory text of
this section on the effective date of a change in the corporation or
partnership from that which existed at the time of initial allocation.
(2) For purposes of this paragraph (j), ``a change in the
corporation or partnership'' means the addition of any new
shareholder(s) or partner(s), except that a court appointed trustee to
act on behalf of a shareholder or partner who becomes incapacitated is
not a change in the corporation or partnership.
(3) The Regional Director must be notified of a change in a
corporation or partnership as defined in this paragraph (j) within 15
days of the effective date of the change. The effective date of change,
for purposes of this paragraph (j), is the date on which the new
shareholder(s) or partner(s) may realize any corporate liabilities or
benefits of the corporation or partnership.
(4) Catcher vessel QS and IFQ resulting from that QS held in the
name of a corporation or partnership that changes, as defined in this
paragraph (j), must be transferred to an individual, as prescribed in
Sec. 679.41, before it may be used at any time after the effective date
of the change.
Sec. 679.43 Determinations and appeals.
(a) General. This section describes the procedure for appealing
initial administrative determinations made under this subpart D,
portions of subpart C of this part that apply to the halibut and
sablefish CDQ program, and Sec. 679.4(c).
(b) Who may appeal. Any person whose interest is directly and
adversely affected by an initial administrative determination may file
a written appeal. For purposes of this section, such persons will be
referred to as ``applicant'' or ``appellant.''
(c) Submission of appeals. Appeals must be in writing and must be
submitted in original form to the Regional Director. Contact the
Regional Director for appeals address. Appeals transmitted by
electronic means will not be accepted.
(d) Timing of appeals. (1) If an applicant appeals an initial
administrative determination, the appeal must be filed not later than
60 days after the date the determination is issued.
(2) The time period within which an appeal may be filed begins to
run on the date the initial administrative determination is issued. If
the last day of the time period is a Saturday, Sunday, or Federal
holiday, the time period will extend to the close of business on the
next business day.
(e) Address of record. NMFS will establish as the address of record
the address used by the applicant in initial correspondence to Chief,
RAM Division, after the application period has begun. Notifications of
all actions affecting the applicant after establishing an address of
record will be mailed to that address, unless the applicant provides
NMFS, in
[[Page 31275]]
writing, with any changes to that address. NMFS bears no responsibility
if a notification is sent to the address of record and is not received
because the applicant's actual address has changed without notification
to NMFS.
(f) Statement of reasons for appeals. Applicants must timely submit
a full written statement in support of the appeal, including a concise
statement of the reasons the initial administrative determination has a
direct and adverse effect on the applicant and should be reversed or
modified. If the applicant requests a hearing on any issue presented in
the appeal, such request for hearing must be accompanied by a concise
written statement raising genuine and substantial issues of
adjudicative fact for resolution and a list of available and
specifically identified reliable evidence upon which the factual issues
can be resolved. The appellate officer will limit his/her review to the
issues stated in the appeal; all issues not set out in the appeal will
be waived.
(g) Hearings. The appellate officer will review the applicant's
appeal and request for hearing, and has discretion to proceed as
follows:
(1) Deny the appeal;
(2) Issue a decision on the merits of the appeal, if the record
contains sufficient information on which to reach final judgment; or
(3) Order that a hearing be conducted. The appellate officer may so
order only if the appeal demonstrates the following:
(i) There is a genuine and substantial issue of adjudicative fact
for resolution at a hearing. A hearing will not be ordered on issues of
policy or law.
(ii) The factual issue can be resolved by available and
specifically identified reliable evidence. A hearing will not be
ordered on the basis of mere allegations or denials or general
descriptions of positions and contentions.
(iii) The evidence described in the request for hearing, if
established at hearing, would be adequate to justify resolution of the
factual issue in the way sought by the applicant. A hearing will not be
ordered if the evidence described is insufficient to justify the
factual determination sought, even if accurate.
(iv) Resolution of the factual issue in the way sought by the
applicant is adequate to justify the action requested. A hearing will
not be ordered on factual issues that are not determinative with
respect to the action requested.
(h) Types of hearings. If the appellate officer determines that a
hearing should be held to resolve one or more genuine and substantial
issues of adjudicative fact, he/she may order:
(1) A written hearing, as provided in paragraph (m) of this
section; or
(2) An oral hearing, as provided in paragraph (n) of this section.
(i) Authority of the appellate officer. The appellate officer is
vested with general authority to conduct all hearings in an orderly
manner, including the authority to:
(1) Administer oaths.
(2) Call and question witnesses.
(3) Issue a written decision based on the record.
(j) Evidence. All evidence that is relevant, material, reliable,
and probative may be included in the record. Formal rules of evidence
do not apply to hearings conducted under this section.
(k) Appellate officers' decisions. The appellate officer will close
the record and issue a decision after determining there is sufficient
information to render a decision on the record of the proceedings and
that all procedural requirements have been met. The decision must be
based solely on the record of the proceedings. Except as provided in
paragraph (o) of this section, an appellate officer's decision takes
effect 30 days after it is issued and, upon taking effect, is the final
agency action for purposes of judicial review.
(l) Disqualification of an appellate officer. (1) The appellate
officer will withdraw from an appeal at any time he/she deems himself/
herself disqualified.
(2) The appellate officer may withdraw from an appeal on an
appellant's motion if:
(i) The motion is entered prior to the appellate officer's issuance
of a decision; and
(ii) The appellant demonstrates that the appellate officer has a
personal bias or any other basis for disqualification.
(3) If the appellate officer denies a motion to withdraw, he/she
will so rule on the record.
(m) Written hearing. (1) An appellate officer may order a written
hearing under paragraph (h)(1) of this section if he/she:
(i) Orders a hearing as provided in paragraph (g)(3) of this
section; and
(ii) Determines that the issues to be resolved at hearing can be
resolved by allowing the appellant to present written materials to
support his/her position.
(2) After ordering a written hearing, the appellate officer will:
(i) Provide the appellant with notification that a written hearing
has been ordered.
(ii) Provide the appellant with a statement of issues to be
determined at hearing.
(iii) Provide the appellant with 30 days to file a written
response. The appellant may also provide documentary evidence to
support his/her position. The period to file a written response may be
extended at the sole discretion of the appellate officer, if the
appellant shows good cause for the extension.
(3) The appellate officer may, after reviewing the appellant's
written response and documentary evidence:
(i) Order that an oral hearing be held, as provided in paragraph
(h)(2) of this section, to resolve issues that cannot be resolved
through the written hearing process;
(ii) Request supplementary evidence from the appellant before
closing the record; or
(iii) Close the record.
(4) The appellate officer will close the record and issue a
decision after determining that the information on the record is
sufficient to render a decision.
(n) Oral hearing. (1) The appellate officer may order an oral
hearing under paragraphs (h)(2) and (m)(3)(i) of this section if he/
she:
(i) Orders a hearing as provided in paragraph (g)(3) of this
section; and
(ii) Determines that the issues to be resolved at hearing can best
be resolved through the oral hearing process.
(2) After ordering an oral hearing, the appellate officer will:
(i) Provide the appellant with notification that an oral hearing
has been ordered.
(ii) Provide the appellant with a statement of issues to be
determined at hearing.
(iii) Provide the appellant with notification, at least 30 days in
advance, of the place, date, and time of the oral hearing. Oral
hearings will be held in Juneau, AK, at the prescribed date and time,
unless the appellate officer determines, based upon good cause shown,
that a different place, date, or time will better serve the interests
of justice. A continuance of the oral hearing may be ordered at the
sole discretion of the appellate officer if the appellant shows good
cause for the continuance.
(3) The appellate officer may, either at his/her own discretion or
on the motion of the appellant, order a pre-hearing conference, either
in person or telephonically, to consider:
(i) The simplification of issues.
(ii) The possibility of obtaining stipulations, admissions of
facts, and agreements to the introduction of documents.
(iii) The possibility of settlement or other means to facilitate
resolution of the case.
[[Page 31276]]
(iv) Such other matters as may aid in the disposition of the
proceedings.
(4) The appellate officer must provide the appellant with
notification of a pre-hearing conference, if one is ordered, at least
30 days in advance of the conference. All action taken at the pre-
hearing conference will be made part of the record.
(5) At the beginning of the oral hearing, the appellate officer may
first seek to obtain stipulations as to material facts and the issues
involved and may state any other issues on which he/she may wish to
have evidence presented. Issues to be resolved at the hearing will be
limited to those identified by the appellate officer as provided in
paragraph (g)(3) of this section. The appellant will then be given an
opportunity to present his/her case.
(6) During the oral hearing, the appellant has the right to present
reliable and material oral or documentary evidence and to conduct such
cross-examination as may be required in the interests of justice.
(7) After the conclusion of the oral hearing, the appellant may be
given time by the appellate officer to submit any supplementary
information that may assist in the resolution of the case.
(8) The appellate officer will close the record and issue a
decision after determining that the information on the record is
sufficient to render a decision.
(o) Review by the Regional Director. An appellate officer's
decision is subject to review by the Regional Director, as provided in
this paragraph (o).
(1) The Regional Director may affirm, reverse, modify, or remand
the appellate officer's decision before the 30-day effective date of
the decision provided in paragraph (k) of this section.
(2) The Regional Director may take any of these actions on or after
the 30-day effective date by issuing a stay of the decision before the
30-day effective date. An action taken under paragraph (o)(1) of this
section takes effect immediately.
(3) The Regional Director must provide a written explanation why an
appellate officer's decision has been reversed, modified, or remanded.
(4) The Regional Director must promptly notify the appellant(s) of
any action taken under this paragraph (o).
(5) The Regional Director's decision to affirm, reverse, or modify
an appellate officer's decision is a final agency action for purposes
of judicial review.
Sec. 679.44 Penalties.
Any person committing, or a fishing vessel used in the commission
of, a violation of the Magnuson Act or Halibut Act, or any regulation
issued under the Magnuson Act or Halibut Act, is subject to the civil
and criminal penalty provisions and civil forfeiture provisions of the
Magnuson Act or Halibut Act, to part 600 of this chapter, to 15 CFR
part 904 (Civil Procedures), and to other applicable law. Penalties
include but are not limited to permanent or temporary sanctions to QS
and associated IFQ.
Subpart E--Observer Requirements/North Pacific Fisheries Research
Plan
Sec. 679.50 Research Plan fee.
(a) Fee percentage. The fee percentage will be set annually under
procedures at Sec. 679.53, such that the total fees equal the lesser of
the following:
(1) The cost of implementing the Research Plan, including
nonpayments, minus any other Federal funds that support the Research
Plan and any existing surplus in the North Pacific Fishery Observer
Fund; or
(2) Two percent of the exvessel value of all Research Plan
fisheries.
(b) Fee assessment--(1) Fee assessments applicable from January 1,
1995, through August 31, 1995--(i) General. NMFS will calculate
bimonthly fee assessments for each processor of Research Plan fisheries
based on the best available information received by the Regional
Director since the last bimonthly billing period on the amount of fish
retained by the processor from Research Plan fisheries. Fee assessments
will not be calculated for the retained amounts of whole fish processed
into meal product.
(ii) Groundfish calculation. The bimonthly fee assessment is
calculated by NMFS for each shoreside processor or mothership retaining
groundfish, as follows:
Ag = (G1 x $exvessel x \1/2\F) + (G2 x
$exvessel x F)
Where:
(A) Ag is the bimonthly fee assessment for groundfish.
(B) G1 is the round weight or round-weight equivalent of
retained catch of each groundfish species delivered by catcher vessels
equal to and greater than 60 ft (18.3 m) LOA determined by the best
available information received by the Regional Director since the last
bimonthly billing period.
(C) G2 is the round weight or round-weight equivalent of
retained catch of each groundfish species delivered by catcher vessels
less than 60 ft (18.3 m) LOA determined by the best available
information received by the Regional Director since the last bimonthly
billing period.
(D) F is the fee percentage established pursuant to Sec. 679.53 for
the calendar year.
(E) $exvessel is the standard exvessel price established
pursuant to Sec. 679.53 for the calendar year.
(iii) Crab calculation. The bimonthly fee assessment is calculated
by NMFS for each processor retaining king or Tanner crab, as follows:
Ac = (C1 x $exvessel x \1/2\F) + (C2 x
$exvessel x F)
Where:
(A) Ac is the bimonthly fee assessment for crab.
(B) C1 is the round weight or round-weight equivalent of
retained catch of red king crab or brown king crab harvested from
ADF&G's statistical area R (Adak), defined at 5 AAC 34.700, brown king
crab harvested from ADF&G's statistical area O (Dutch Harbor), defined
at 5 AAC 34.600, Chionoecetes tanneri Tanner crab, C. angulatus Tanner
crab, and Lithodes cousei king crab determined by the best available
information received by the Regional Director since the last bimonthly
billing period.
(C) C2 is, except for those species listed under paragraph
(b)(1)(iii)(B) of this section, the round weight or round-weight
equivalent of retained catch of king or Tanner crab, determined by the
best available information received by the Regional Director since the
last bimonthly billing period.
(D) $exvessel is the standard exvessel price established
pursuant to Sec. 679.53 for the calendar year.
(E) F is the fee percentage established pursuant to Sec. 679.53 for
the calendar year.
(iv) Groundfish and halibut calculation. Except as provided in
paragraph (b)(1)(ii) of this section, the bimonthly fee assessment is
calculated by NMFS for each processor that retains groundfish or
halibut, as follows:
Ah,g = (H x $exvessel x F)
Where:
(A) Ah,g is the bimonthly fee assessment for groundfish or
halibut.
(B) H is the round weight or round-weight equivalent of retained
catch of groundfish or halibut determined by the best available
information received by the Regional Director since the last bimonthly
billing period.
(C) $exvessel is the standard exvessel price established
pursuant to Sec. 679.53 for the calendar year.
(D) F is the fee percentage established pursuant to Sec. 679.53 for
the calendar year.
(2) Fee assessments applicable from September 1, 1995, through
December 31, 1996. Processors of Research Plan
[[Page 31277]]
fisheries will not be assessed fees based on catch from Research Plan
fisheries that is retained during the period September 1, 1995, through
December 31, 1996.
(3) Fee assessments applicable after December 31, 1996. (i) The
bimonthly fee assessment is calculated by NMFS for each processor of
Research Plan fisheries, as follows:
ARP = (R x $exvessel x F)
Where:
(A) ARP is the bimonthly fee assessment for Research Plan
fisheries.
(B) R is the round weight or round-weight equivalent of retained
catch for each species from Research Plan fisheries determined by the
best available information received by the Regional Director since the
last bimonthly billing period.
(C) $exvessel is the standard exvessel price established
pursuant to Sec. 679.53 for the calendar year.
(D) F is the fee percentage established pursuant to Sec. 679.53 for
the calendar year.
(ii) Fee assessments will not be calculated for the retained
amounts of whole fish processed into meal product.
(c) Fee payments. (1) NMFS will bill each processor of Research
Plan fisheries for bimonthly fee assessments calculated under paragraph
(b) of this section. Each processor must collect and pay the bimonthly
fee assessments. Bimonthly fee assessment payments must be in the form
of certified check, draft, or money order payable in U.S. currency to
``The Department of Commerce/NOAA.''
(2) Except as provided in paragraphs (d) and (f) of this section,
payment in full must be received by the financial institution
authorized by the U.S. Treasury to receive these funds within 30
calendar days from the date of issuance of each bimonthly fee
assessment bill. Payments will be deposited in the North Pacific
Fishery Observer Fund within the U.S. Treasury.
(d) Credit for observer coverage costs incurred from January 1,
1995, through August 31, 1995--(1) General. Subject to the limitations
set out in paragraph (d)(2) of this section, each processor may
subtract from its portion of the processor's billed fee assessment the
cost of observer coverage paid by the processor to an observer
contractor(s) for the processor's compliance with observer coverage
requirements at Sec. 679.51.
(2) Limitations. (i) Only those payments to observer contractors
for observer coverage required under Sec. 679.51 that are received by
observer contractors prior to April 1, 1996, will be credited against a
processor's billed fee assessment under this paragraph (d).
(ii) The amount that may be subtracted from a catcher/processor's
billed fee assessment for retained catch of groundfish is limited to
the actual cost of observer coverage required under Sec. 679.51 up to
an amount equal to the fee assessment calculated under paragraph
(b)(1)(iv) of this section.
(iii) The amount that may be subtracted from a shoreside
processor's or mothership processor vessel's billed fee assessment for
retained catch of groundfish is limited to the actual cost of observer
coverage required under Sec. 679.51 up to an amount equal to the sum of
the fee assessment calculated under paragraph (b)(1)(ii)(B) of this
section plus one half the fee assessment calculated under paragraph
(b)(1)(ii)(C) of this section.
(iv) The amount that may be subtracted from a catcher/processor or
mothership processor vessel's billed fee assessment for retained catch
of king or Tanner crab is limited to the actual cost of observer
coverage required under Sec. 679.51 up to an amount equal to the sum of
the fee assessment calculated under paragraph (b)(1)(iii)(B) of this
section plus one half the fee assessment calculated under paragraph
(b)(1)(iii)(C) of this section.
(3) Credit applied by NMFS to bimonthly fee assessments. If a
processor's cost for observer coverage required under Sec. 679.51
during a bimonthly period exceeds the calculated fee assessment for
that period, the Regional Director will credit the processor's next
bimonthly fee assessment up to an amount equal to the remaining
observer coverage costs as reported to the Regional Director under
paragraph (e) of this section, or the bimonthly fee assessment,
whichever is less.
(e) Recordkeeping and reporting--(1) Processor requirements. (i)
All processors that subtract costs for observer coverage from their
bimonthly fee assessment under this paragraph (e) must submit to the
Regional Director a copy of each paid invoice for observer coverage and
a copy of the check, money order, or other form of payment sent to the
observer contractor in payment for observer coverage listed on the
invoice.
(ii) The information required under paragraph (e)(1)(i) of this
section must be sent at the time the processor submits the payment of
the bimonthly fee assessment to the Department of Commerce/NOAA under
paragraph (c) of this section.
(2) Observer contractor requirements. (i) Observer contractors must
submit to the Regional Director a completed Observer Coverage Payment
Receipt Form for each payment received from a processor for compliance
with observer coverage requirements at Sec. 679.51 and a copy of the
check, money order, or other form of payment. Each completed form and
the attached copy of the record of payment must be submitted to NMFS
Alaska Fisheries Science Center in Seattle, WA, within 7 days after
payment is received.
(ii) Observer coverage payment receipt form. Observer contractors
may obtain Observer Coverage Payment Receipt Forms from the Regional
Director. The form requests the following information:
(A) Observer contractor name and signature of a person serving as a
representative for the observer contractor;
(B) Identification of the processor vessel or shoreside processor
that received observer coverage;
(C) Name of the observer(s) and date(s) of deployment for observer
coverage;
(D) The name and mailing address of the person who paid for
observer coverage; and
(E) The total amount paid for observer coverage and the date
payment for observer coverage was received; and
(F) Copies of the check, money order, or other form of payment.
(f) Disputed fee assessments. (1) A processor must notify the
Regional Director, in writing, within 30 days of issuance of a
bimonthly fee assessment bill, if any portion of the bimonthly fee
assessment bill is disputed. The processor must pay the undisputed
amount of the bimonthly fee assessment bill within 30 days of its
issuance, and provide documentation supporting the disputed portion
claimed to be under- or over-billed.
(2) The Regional Director will review the bimonthly fee assessment
bill and the documentation provided by the processor, and will notify
the processor of his/her determination within 60 days of the date of
issuance of the bimonthly fee assessment bill. If the Regional Director
determines a billing error has occurred, the processor's account will
be rectified by credit or issuance of a corrected fee assessment bill.
If the Regional Director determines that a billing error has not
occurred, the outstanding payment on the bimonthly fee assessment bill
will be considered past-due from the date 30 days from the date of
issuance of the bill and late charges will be assessed under paragraph
(g) of this section.
[[Page 31278]]
(3) If the processor does not dispute the amount of the fee
assessment bill within 30 days of its issuance, the fee assessment will
be final, and will be due to the United States.
(g) Late charges. The NOAA Office of the Comptroller shall assess
late charges in the form of interest and administrative charges for
late payment of fee assessments. Interest will accrue on the unpaid
amount at a percentage rate established by the Federal Reserve Board
and applied to funds held by the U.S. Treasury for each 30-day period,
or portion thereof, that the payment is overdue. Payment received after
90 days from the due date will be charged an additional late payment
penalty charge of 6 percent of the balance due.
(h) Refund of the North Pacific Fishery Observer Fund (Observer
Fund)--(1) General. (i) All monies in the Observer Fund will be
refunded according to the refund procedure set out in paragraph (h)(2)
of this section. The sum of all amounts refunded cannot exceed the
amount available in the Observer Fund.
(ii) The monies in the Observer Fund include: Fee assessment
payments as specified in paragraph (c) of this section, assessed late
charges in the form of interest and administrative charges for late
payment of fee assessments as specified in paragraph (g) of this
section, and accrued interest. Until the time of refund, monies will
remain deposited in the Observer Fund earning interest.
(iii) Without exception, full disbursement of the Observer Fund
will occur to refund Research Plan processors. NMFS will not retain any
funds either to reimburse programs for costs incurred to implement the
Research Plan or to issue refunds.
(2) Identification of the Research Pla
FR Doc. 96-14593 Fisheries of the Exclusive Economic Zone Off Alaska
n refund recipient.
(i) Except as indicated in paragraph (h)(2)(ii) of this section,
Research Plan fees will be refunded to the person who was billed and
made payment to NMFS. The recipient of the refund and the refund amount
will be based on Federal processor permit records and Research Plan
billing.
(ii) Exceptions. (A) If a refund recipient has died, the refund
will be issued to the recipient's estate;
(B) If a refund recipient is a corporation and has gone bankrupt,
successor-in-interest guidelines, as set forth in applicable state law,
will be followed.
(3) Calculation of the principal portion of refund. All payment
amounts as assessed under paragraphs (c) and (g) of this section, and
paid by processors, will be verified by NMFS in the Research Plan
billing records and will constitute the principal portion of the
refund.
(4) Calculation of the interest portion of refund--(i) General. (A)
The interest earned by the principal portion invested in the Observer
Fund will be distributed among paying processors based on their
proportional contribution to the Observer Fund. Contributions are based
on two factors: The processor's total payment amount and the number of
days the processor's total payment amount was on deposit.
(B) This method is necessary to ensure that the interest that is
refunded does not exceed the interest amount that was earned and is
available in the Observer Fund. Due to the administrative process used
to invest the funds, certain delays existed between the date a
processor made payment and the actual investment date. The date of
payment is not the date the deposits were invested. Therefore, using
the date of payment to calculate interest earned on an individual
processor's payments will not accurately reflect the interest that was
actually earned.
(C) NMFS has determined that the calculation specified in this
paragraph (h)(4) is a fair and equitable way to distribute the interest
earned on Observer Fund investments among the processors that made
Research Plan payments. The interest portion of the refund will be
calculated as follows.
(ii) Processor's contribution. A processor's total payment amount
multiplied by the number of days the processor's total payment amount
was on deposit equals the processor's contribution. The number of days
is based on the payment receipt date at the First National Bank of
Chicago. For example, if a processor's total payment amount was $20,000
and this amount was on deposit for 150 days, then the processor's
contribution is $20,000 x 150=$3,000,000);
(iii) Processor's percent contribution to Observer Fund. A
processor's contribution divided by the total amount of all processor
contributions multiplied by 100 equals the processor's percent
contribution to the Observer Fund. For example, if the total amount of
all processor contributions is $750,000,000 ($5,000,000 x 150 days),
then the processor's percent contribution is $3,000,000/
$750,000,000 x 100=0.4 percent.
(iv) Processor's interest portion of Research Plan refund. A
processor's percent contribution multiplied by the total amount of
interest earned by the Observer Fund equals the processor's interest
portion of the Research Plan refund. For example, if the total amount
of interest earned by the Observer Fund is $200,000, then the
processor's interest portion of the Research Plan refund is 0.4
percent x $200,000=$800.
(5) Disinvestment of the Observer Fund. The interest portion of the
refund cannot be calculated until Observer Fund investments are
withdrawn. Withdrawal of investments will occur just prior to the
earliest possible issuance of refund checks in order to avoid
unwarranted loss of interest. The actual amount of a processor's
interest portion of the refund will be evident upon receipt of the
refund check.
(6) Notification to processors of refund amounts. (i) NMFS will
notify each processor by certified mail of a preliminary determination
of the principal portion of the refund amount. The sum of the payment
amounts received for each processor equals the principal portion of the
Research Plan refund.
(ii) Final determination of a processor's principal portion is
subject to resolution of all disputes received under paragraph (h)(7)
of this section.
(iii) The notification letter to each processor will include the
following itemized reference information:
(A) Payment amount received.
(B) Payment receipt date at the First National Bank of Chicago.
(C) Check number.
(D) Research Plan bill number to which the payment was applied.
(E) The fishery category to which the payment was applied.
(7) Dispute process. A processor that disagrees with any
determination of the principal portion of the refund amount as
described in paragraph (h)(3) of this section must sign the certified
notification letter and return it to NMFS within 30 days of receipt of
the certified letter, accompanied by documentation supporting the
disputed principal portion of the refund amount.
(i) NMFS review. NMFS will review letters and documentation
received under this paragraph (h)(7).
(ii) NMFS determination. (A) If NMFS determines an error exists in
the calculation of the principal portion of refund amounts, NMFS will
correct such calculations and notify the affected processors of its
determination; or
(B) If NMFS determines no error exists in the calculation of the
principal portion of refund amounts, NMFS will notify the affected
processors of its determination.
(8) Disbursement of refund checks. Once all disputes received under
paragraph (h)(7) of this section have been resolved, NMFS will
authorize and provide necessary documentation for
[[Page 31279]]
refund checks to be disbursed by the U.S. Treasury.
Sec. 679.51 General observer requirements (applicable through December
31, 1996).
(a) Coverage requirements for operators of GOA and BSAI groundfish
vessels. Observer coverage is required as follows:
(1) Mothership. A mothership of any length that:
(i) Processes 1,000 mt or more in round weight or round-weight
equivalents of groundfish during a calendar month is required to have a
NMFS-certified observer aboard the vessel each day it receives or
processes groundfish during that month.
(ii) Processes from 500 mt to 1,000 mt in round weight or round-
weight equivalents of groundfish during a calendar month is required to
have a NMFS-certified observer aboard the vessel at least 30 percent of
the days it receives or processes groundfish during that month.
(iii) Each mothership that receives pollock harvested by catcher
vessels in the CVOA, defined in Figure 2 of this part, during the
second pollock season that starts on August 15 under Sec. 679.23, is
required to have a second NMFS-certified observer aboard, in addition
to the observer required under paragraphs (a)(1) (i) and (ii) of this
section, for each day of the second pollock season until the chum
salmon savings area is closed under Sec. 679.21(e)(7)(vi), or October
15, 1996, whichever occurs first.
(2) Catcher/processor or catcher vessel. A catcher/processor or
catcher vessel:
(i) Except for a vessel fishing for groundfish with pot gear as
provided in paragraphs (a)(2) (iv) and (v) of this section, 125 ft
(38.1 m) LOA or longer must carry a NMFS-certified observer during 100
percent of its fishing days while fishing for groundfish.
(ii) Equal to or greater than 60 ft (18.3 m) LOA, but less than 125
ft (38.1 m) LOA, must carry a NMFS-certified observer during at least
30 percent of its fishing days in each calendar quarter in which the
vessel participates for more than 3 fishing days in a directed fishery
for groundfish. Each vessel that participates for more than 3 fishing
days in a directed fishery for groundfish in a calendar quarter must
carry a NMFS-certified observer during at least one fishing trip during
that calendar quarter for each of the groundfish fishery categories
defined under paragraph (b) of this section in which the vessel
participates.
(iii) Fishing with hook-and-line gear that is required to carry an
observer under paragraph (a)(2)(ii) of this section must carry a NMFS-
certified observer during at least one fishing trip in the GOA Eastern
Regulatory Area during each calendar quarter in which the vessel
participates in a directed fishery for groundfish in the Eastern
Regulatory Area.
(iv) Equal to or greater than 60 ft (18.3 m) LOA fishing with pot
gear must carry a NMFS-certified observer during at least 30 percent of
its fishing days in each calendar quarter in which the vessel
participates for more than 3 fishing days in a directed fishery for
groundfish.
(v) Each vessel that participates for more than 3 fishing days in a
directed fishery for groundfish using pot gear must carry a NMFS-
certified observer during at least one fishing trip during a calendar
quarter for each of the groundfish fishery categories defined under
paragraph (b) of this section in which the vessel participates.
(b) Groundfish fishery categories requiring separate coverage.
Directed fishing for groundfish, during any fishing trip, results:
(1) Pollock fishery. In a retained catch of pollock that is greater
than the retained catch of any other groundfish species or species
group that is specified as a separate groundfish fishery under this
paragraph (b).
(2) Pacific cod fishery. In a retained catch of Pacific cod that is
greater than the retained catch of any other groundfish species or
species group that is specified as a separate groundfish fishery under
this paragraph (b).
(3) Sablefish fishery. In a retained catch of sablefish that is
greater than the retained catch of any other groundfish species or
species group that is specified as a separate groundfish fishery under
this paragraph (b).
(4) Rockfish fishery. In a retained aggregate catch of rockfish of
the genera Sebastes and Sebastolobus that is greater than the retained
catch of any other groundfish species or species group that is
specified as a separate groundfish fishery under this paragraph (b).
(5) Flatfish fishery. In a retained aggregate catch of all flatfish
species, except halibut, that is greater than the retained catch of any
other groundfish species or species group that is specified as a
separate groundfish fishery under this paragraph (b).
(6) Other species fishery. In a retained catch of groundfish that
does not qualify as a pollock, Pacific cod, sablefish, rockfish, or
flatfish fishery as defined under paragraphs (b) (1) through (5) of
this section.
(c) Assignment of vessels to fisheries. At the end of any fishing
trip, a vessel's retained catch composition of groundfish species or
species groups for which a TAC has been specified under Sec. 679.20, in
round weight or round-weight equivalents, will determine to which of
the fishery categories listed under paragraph (b) of this section the
vessel is assigned.
(1) Catcher/processor. A catcher/processor will be assigned to a
fishery category based on retained groundfish catch composition
reported on the vessel's WPR submitted to the Regional Director under
Sec. 679.5.
(2) Catcher vessel delivery in Federal waters. A catcher vessel
that delivers to motherships in Federal waters will be assigned to a
fishery category based on the retained groundfish catch composition
reported on the WPR submitted to the Regional Director for that week by
the mothership under Sec. 679.5.
(3) Catcher vessel delivery in Alaska State waters. A catcher
vessel that delivers groundfish to a shoreside processor or to a
mothership in Alaska State waters will be assigned to a fishery
category based on the retained groundfish catch composition reported on
one or more ADF&G fish tickets as required under Alaska Statutes at
A.S. 16.05.690.
(d) Coverage requirements for managers of BSAI and GOA groundfish
shoreside processors. Observer coverage is required as follows. A
shoreside processor:
(1) That processes 1,000 mt or more in round weight or round-weight
equivalents of groundfish during a calendar month is required to have a
NMFS-certified observer present at the facility each day it receives or
processes groundfish during that month.
(2) That processes 500 mt to 1,000 mt in round weight or round-
weight equivalents of groundfish is required to have a NMFS-certified
observer present at the facility at least 30 percent of the days it
receives or processes groundfish during that month.
(3) That offloads pollock at more than one location on the same
dock; has distinct and separate equipment at each location to process
those pollock; and that receives pollock harvested by catcher vessels
in the CVOA during the second pollock season that starts on August 15,
under Sec. 679.23, is required to have a NMFS-certified observer, in
addition to the observer required under paragraphs (d) (1) and (2) of
this section, at each location where pollock is offloaded, for each day
of the second pollock season until the chum salmon savings area is
closed under Sec. 679.21(e)(7)(vi), or October 15, 1996, whichever
occurs first.
[[Page 31280]]
(e) Coverage requirements for vessel operators of BSAI king and
Tanner crab. An operator of a vessel that harvests or processes king or
Tanner crab must have one or more State of Alaska-certified observers
aboard the vessel whenever king or Tanner crab are received, processed,
or on board the vessel in the BSAI if the operator is required to do so
by Alaska State regulations at 5 AAC 34.035, 34.082, 35.082, or 39.645.
Sec. 679.52 Observer coverage requirements for Research Plan fisheries
(applicable after December 31, 1996).
(a) BSAI and GOA groundfish and halibut from convention waters off
Alaska--(1) Operators of vessels. An operator of a vessel that catches
and retains groundfish or halibut, or a vessel that processes
groundfish or halibut, must carry one or more NMFS-certified observers
aboard the vessel whenever fishing operations are conducted, if the
operator is required to do so by the Regional Director under paragraph
(c) of this section.
(2) Managers of shoreside processors. A manager of a shoreside
processor that processes groundfish or halibut received from vessels
regulated under this part must have one or more NMFS-certified
observers present at the facility whenever groundfish or halibut are
received or processed, if the manager is required to do so by the
Regional Director under paragraph (c) of this section.
(b) BSAI king and Tanner crab--(1) Operators of vessels. An
operator of a vessel subject to this part must carry one or more NMFS-
certified observers or ADF&G employees aboard the vessel whenever
fishing or processing operations are conducted, if the operator is
required to do so by the Regional Director under paragraph (c) of this
section.
(2) Managers of shoreside processors. A manager of a shoreside
processor that processes king or Tanner crab received from vessels
regulated under this part must have one or more NMFS-certified
observers, or ADF&G employees, present at the facility whenever king or
Tanner crab is received or processed, if the manager is required to do
so by the Regional Director under paragraph (c) of this section.
(c) Annual determination of coverage level. The appropriate level
of observer coverage necessary to achieve the objectives of the
Research Plan, given the funds available from the North Pacific Fishery
Observer Fund, will be established annually under procedures in
Sec. 679.53.
(d) Inseason changes in coverage level. (1) The Regional Director
may increase or decrease the observer coverage requirements for the
Research Plan fisheries at any time to improve the accuracy,
reliability, and availability of observer data, and to ensure solvency
of the observer program, so long as the standards of section 313 of the
Magnuson Act and other applicable Federal regulations are met, and the
changes are based on one or more of the following:
(i) A finding that there has been, or is likely to be, a
significant change in fishing methods, times, or areas, or catch or
bycatch composition for a specific fishery or fleet component.
(ii) A finding that such modifications are necessary to improve
data availability or quality in order to meet specific fishery
management objectives.
(iii) A finding that any decrease in observer coverage resulting
from unanticipated funding shortfalls is consistent with the following
priorities:
(A) Status of stock assessments.
(B) Inseason management.
(C) Bycatch monitoring.
(D) Vessel incentive programs and regulatory compliance.
(E) A determination that any increased costs are commensurate with
the quality and usefulness of the data to be derived from any revised
program, and are necessary to meet fishery management needs.
(2) The Regional Director will consult with the Commissioner of
ADF&G prior to making inseason changes in observer coverage level for
the crab observer program.
(3) NMFS will publish changes in observer coverage requirements
made under this paragraph (d) in the Federal Register, with the reasons
for the changes and any special instructions to vessels required to
carry observers, at least 10 calendar days prior to their
implementation.
(e) Responsibilities--(1) Vessel responsibilities. An operator of a
vessel must:
(i) Accommodations and food. Provide, at no cost to observers, the
State of Alaska, or the United States, accommodations and food on the
vessel for the observer or observers that are equivalent to those
provided for officers, engineers, foremen, deck-bosses or other
management level personnel of the vessel.
(ii) Safe conditions. Maintain safe conditions on the vessel for
the protection of observers during the time observers are aboard the
vessel, by adhering to all USCG and other applicable rules,
regulations, or statutes pertaining to safe operation of the vessel.
(iii) Transmission of data. Facilitate transmission of observer
data by:
(A) Allowing observers to use the vessel's communication equipment
and personnel, on request, for the entry, transmission, and receipt of
work-related messages, at no cost to the observers, the State of
Alaska, or the United States.
(B) Ensuring that each mothership that receives pollock harvested
in the CVOA, during the pollock non-roe season that starts on August
15, is equipped with INMARSAT Standard A satellite communication
capabilities, cc:Mail remote, and the data entry software, provided by
the Regional Director, for use by the observer. The operator of each
mothership shall also make available for the observers' use the
following equipment compatible therewith and having the ability to
operate the NMFS-supplied data entry software program: A personal
computer with a 486 or better processing chip and a DOS 3.0 or better
operating system with 10 megabytes free hard disk storage and 8
megabytes RAM.
(C) Ensuring that the communication equipment that is on
motherships as specified at paragraph (e)(1)(iii)(B) of this section,
and that is used by observers to transmit data is fully functional and
operational.
(iv) Vessel position. Allow observers access to, and the use of,
the vessel's navigation equipment and personnel, on request, to
determine the vessel's position.
(v) Access. Allow observers free and unobstructed access to the
vessel's bridge, trawl or working decks, holding bins, processing
areas, freezer spaces, weight scales, cargo holds, and any other space
that may be used to hold, process, weigh, or store fish or fish
products at any time.
(vi) Prior notification. Notify observers at least 15 minutes
before fish are brought on board, or fish and fish products are
transferred from the vessel, to allow sampling the catch or observing
the transfer, unless the observers specifically request not to be
notified.
(vii) Document access. Allow observers to inspect and copy the
vessel's DFL, DCPL, product transfer forms, any other logbook or
document required by regulations, printouts or tallies of scale
weights, scale calibration records, bin sensor readouts, and production
records.
(viii) Assistance. Provide all other reasonable assistance to
enable observers to carry out their duties, including, but not limited
to:
(A) Measuring decks, codends, and holding bins.
[[Page 31281]]
(B) Providing the observers with a safe work area adjacent to the
sample collection site.
(C) Providing crab observers with the necessary equipment to
conduct sampling, such as scales, fish totes, and baskets.
(D) Collecting bycatch when requested by the observers.
(E) Collecting and carrying baskets of fish when requested by
observers.
(F) Allowing observers to determine the sex of fish when this
procedure will not decrease the value of a significant portion of the
catch.
(ix) Embarking or debarking observer. Move the vessel to such
places and at such times as may be designated by the contractor, as
instructed by the Regional Director, for purposes of embarking and
debarking observers.
(x) Transfer at sea. (A) Ensure that transfers of observers at sea
via small boat or raft are carried out during daylight hours, under
safe conditions, and with the agreement of observers involved.
(B) Notify observers at least 3 hours before observers are
transferred, such that the observers can collect personal belongings,
equipment, and scientific samples.
(C) Provide a safe pilot ladder and conduct the transfer to ensure
the safety of observers during transfers.
(D) Provide an experienced crew member to assist observers in the
small boat or raft in which any transfer is made.
(2) Shoreside processor responsibilities. A manager of a shoreside
processor must:
(i) Safe conditions. Maintain safe conditions at the shoreside
processor for the protection of observers by adhering to all applicable
rules, regulations, or statutes pertaining to safe operation and
maintenance of the processing facility.
(ii) Operations information. Notify observers, as requested, of the
planned facility operations and expected receipt of groundfish, crab,
or halibut prior to receipt of those fish.
(3) Transmission of data. Facilitate transmission of observer data
by:
(i) Allowing observers to use the shoreside processor's
communication equipment and personnel, on request, for the entry,
transmission, and receipt of work-related messages, at no cost to the
observers, the State of Alaska, or the United States;
(ii) Ensuring that each shoreside processor that is required to
have 100-percent observer coverage under Sec. 679.51 and that receives
pollock harvested in the CVOA, during the second pollock season that
starts on August 15, under Sec. 679.23, makes available to the observer
the following equipment or equipment compatible therewith: A personal
computer with a minimum of a 486 processing chip with at least a 9600-
baud modem and a telephone line. The personal computer must be equipped
with a mouse, Windows version 3.1, or a program having the ability to
operate the NMFS-supplied data entry software program, 10 megabytes
free hard disk storage, 8 megabytes RAM, and with data entry software
provided by the Regional Director for use by the observers.
(iii) Ensuring that the communication equipment that is in the
shoreside processor as specified in paragraph (e)(3)(ii) of this
section and that is used by observers to transmit data is fully
functional and operational.
(4) Access. Allow observers free and unobstructed access to the
shoreside processor's holding bins, processing areas, freezer spaces,
weight scales, warehouses, and any other space that may be used to
hold, process, weigh, or store fish or fish products at any time.
(5) Document access. Allow observers to inspect and copy the
shoreside processor's DCPL, product transfer forms, any other logbook
or document required by regulations; printouts or tallies of scale
weights; scale calibration records; bin sensor readouts; and production
records.
(6) Assistance. Provide all other reasonable assistance to enable
the observer to carry out his or her duties, including, but not limited
to:
(i) Assisting the observer in moving and weighing totes of fish.
(ii) Cooperating with product recovery tests.
(iii) Providing a secure place to store baskets of sampling gear.
(f) Notification of observer contractors by processors and
operators of vessels required to carry observers. (1) Processors and
operators of vessels required to carry observers under the Research
Plan are responsible for meeting their observer coverage requirements.
Processors and vessel operators must notify the appropriate observer
contractor, as identified by NMFS, in writing or fax, at least 60 days
prior to the need for an observer, to ensure that an observer will be
available. Processors and vessel operators must notify the appropriate
observer contractor again, in writing, fax, or by telephone, at least
10 days prior to the need for an observer, to make final arrangements
for observer deployment.
(2) If observer contractors are not notified within the time
periods set out at paragraph (f)(1) of this section, the availability
of an observer to meet observer coverage requirements will not be
guaranteed.
(3) Names of observer contractors, information for contacting
contractors, and a list of embarkment/disembarkment ports for observers
will be published in the Federal Register annually, prior to the
beginning of the calendar year, pursuant to Sec. 679.53.
(g) Release of observer data to the public--(1) Summary of weekly
data. The following information collected by observers for each catcher
processor and catcher vessel during any weekly reporting period may be
made available to the public:
(i) Vessel name and Federal permit number.
(ii) Number of chinook salmon and ``other salmon'' observed.
(iii) The ratio of total round weight of halibut or Pacific herring
to the total round weight of groundfish in sampled catch.
(iv) The ratio of number of king crab or C. bairdi Tanner crab to
the total round weight of groundfish in sampled hauls.
(v) The number of observed trawl hauls or fixed gear sets.
(vi) The number of trawl hauls that were basket sampled.
(vii) The total weight of basket samples taken from sampled trawl
hauls.
(2) Haul-specific data. (i) The information listed in paragraphs
(g)(2)(i)(A) through (M) of this section and collected by observers
from observed hauls on board vessels using trawl gear to participate in
a directed fishery for groundfish other than rockfish, Greenland
turbot, or Atka mackerel may be made available to the public:
(A) Date.
(B) Time of day gear is deployed.
(C) Latitude and longitude at beginning of haul.
(D) Bottom depth.
(E) Fishing depth of trawl.
(F) The ratio of the number of chinook salmon to the total round
weight of groundfish.
(G) The ratio of the number of other salmon to the total round
weight of groundfish.
(H) The ratio of total round weight of halibut to the total round
weight of groundfish.
(I) The ratio of total round weight of herring to the total round
weight of groundfish.
(J) The ratio of the number of king crab to the total round weight
of groundfish.
(K) The ratio of the number of C. bairdi Tanner crab to the total
round weight of groundfish.
[[Page 31282]]
(L) Sea surface temperature (where available).
(M) Sea temperature at fishing depth of trawl (where available).
(ii) The identity of the vessels from which the data in paragraph
(g)(2)(i) of this section are collected will not be released.
(3) Disclosure. In exceptional circumstances, the owners and
operators of vessels may provide to the Regional Director written
justification at the time observer data are submitted, or within a
reasonable time thereafter, that disclosure of the information listed
in paragraphs (g)(1) and (2) of this section could reasonably be
expected to cause substantial competitive harm. The determination
whether to disclose the information will be made pursuant to 15 CFR
4.7.
(h) Vessel safety requirements. Any vessel that is required to
carry observers under paragraph (a)(1) or (b)(1) of this section or
Sec. 679.51(a) or (e) must have on board one of the following:
(1) A valid Commercial Fishing Vessel Safety Decal issued within
the past 2 years that certifies compliance with regulations found in 33
CFR Chapter I and 46 CFR Chapter III.
(2) A certificate of compliance issued pursuant to 46 CFR 28.710.
(3) A valid certificate of inspection pursuant to 46 U.S.C. 3311.
NMFS will not station observers aboard vessels that do not meet this
requirement.
Sec. 679.53 Annual Research Plan specifications.
(a) Proposed Research Plan specifications. Annually, after
consultation with the Council, and, in the case of observer coverage
levels in the crab fisheries, the State of Alaska, NMFS will publish
for public comment in the Federal Register:
(1) Standard exvessel prices. Standard exvessel prices will be used
in determining the annual fee percentage for the calendar year and will
be the basis for calculating fee assessments. Standard exvessel prices
for species harvested in Research Plan fisheries for each calendar year
will be based on:
(i) Exvessel price information by applicable season, area, gear,
and processing sector for the most recent 12-month period for which
data are available.
(ii) Factors that are expected to change exvessel prices in the
calendar year.
(iii) Any other relevant information that may affect expected
exvessel prices during the calendar year.
(2) Total exvessel value. The total exvessel value of Research Plan
fisheries will be calculated as the sum of the product of the standard
exvessel prices established under paragraph (a)(1) of this section and
projected retained catches, by species. The value of whole fish
processed into meal product will not be included in this calculation.
(3) Research Plan fee percentage. The Research Plan fee percentage
for a calendar year will equal the lesser of 2 percent of the exvessel
value of retained catch in the Research Plan fisheries or the fee
percentage calculated using the following equation:
Fee percentage=[100 x (RRPC-FB-OF)/V]/(1-NPR)
Where:
(i) RRPC is the projection of recoverable Research Plan costs for
the coming year.
(ii) FB is the projected end of the year balance of funds collected
under the Research Plan.
(iii) OF is the projection of other funding for the coming year.
(iv) V is the projected exvessel value of retained catch in the
Research Plan fisheries for the coming year.
(v) NPR is the percent (expressed as a decimal) of fee assessments
that are expected to result in nonpayment.
(4) Observer coverage. For the period January 1, 1996, through
December 31, 1996, observer coverage levels in Research Plan fisheries
will be as required by Sec. 679.51. After December 31, 1996, the level
of observer coverage will be determined annually by NMFS, after
consultation with the Council and the State of Alaska, and may vary by
fishery and vessel or processor size, depending upon the objectives to
be met for the groundfish, halibut, and king and Tanner crab fisheries.
The Regional Director may change observer coverage inseason pursuant to
Sec. 679.52(d).
(5) Embarkment/disembarkment ports. Ports to be used to embark and
disembark observers will be selected on the basis of convenience to the
affected industry and on the availability of facilities,
transportation, and accommodations deemed by the Regional Director to
be necessary for the safe and reasonable deployment of observers.
(b) Final Research Plan specifications. NMFS will consider comments
received on the proposed specifications and, following consultation
with the Council, and with the State of Alaska, in the case of observer
coverage in the crab fisheries, will publish the final total exvessel
value; standard exvessel prices; fee percentage; levels of observer
coverage for Research Plan fisheries, including names of observer
contractors and information for contacting them; and embarkment/
disembarkment ports in the Federal Register annually, prior to the
beginning of the calendar year.
Sec. 679.54 Compliance.
The operator of any fishing vessel subject to this subpart, and the
manager of any shoreside processor that receives groundfish, halibut,
or king and Tanner crab from vessels subject to this subpart, must
comply with the requirements of this subpart. The owner of any fishing
vessel subject to this subpart, or any shoreside processor that
received groundfish, halibut, or king and Tanner crab from vessels
subject to this subpart, must ensure that the operator or manager
complies with the requirements of this subpart and is liable, either
individually or jointly and severally, for compliance with the
requirements of this subpart.
Subpart F--Scallop Fishery off Alaska
Sec. 679.60 Prohibitions.
In addition to the general prohibitions specififed in Sec. 600.725
of this chapter, it is unlawful for any person to retain any scallops
in the EEZ seaward of Alaska during the period that extends through the
earlier of August 28, 1996, or other superseding management measures.
BILLING CODE 3510-22-W
[[Page 31283]]
[GRAPHIC] [TIFF OMITTED] TR19JN96.000
Figure 1 to Part 679.--BSAI Statistical and Reporting Areas
a. Map
BILLING CODE 3510-22-C
[[Page 31284]]
Figure 1 to Part 679--BSAI Statistical and Reporting Areas
b. Coordinates of Reporting Areas
------------------------------------------------------------------------
Code Description
------------------------------------------------------------------------
300.................. Russian waters. Those waters inside the Russian
200 mile limit as described in the current
editions of NOAA chart INT 813 Bering Sea
(Southern Part) and NOAA chart INT 814 Bering
Sea (Northern Part).
400.................. Chukchi Sea. North of a diagonal line between 66
deg.00' N, 169 deg.42.5' W (Cape Dezhneva,
Russia); and 65 deg.37.5' N, 168 deg.7.5' W
(Cape Prince of Wales, Alaska) and to the limits
of the U.S. EEZ as described in the current
edition of NOAA chart INT 814 Bering Sea
(Northern Part).
508.................. South of 58 deg.00' N between the intersection of
58 deg.00' N lat with the Alaska Peninsula and
160 deg.00' W long.
509.................. South of 58 deg.00' N lat between 163 deg.00' W
long and 165 deg.00' W long.
512.................. South of 58 deg.00' N lat, north of the Alaska
Peninsula between 160 deg.00' W long and 162
deg.00' W long.
513.................. Between 58 deg.00' N lat and 56 deg.30' N lat,
and between 165 deg.00' W long and 170 deg.00' W
long.
514.................. North of 58 deg.00' N to the southern boundary of
the Chukchi Sea, area 400, and east of 170
deg.00' W long.
516.................. South of 58 deg.00' N lat, north of the Alaska
Peninsula, and between 162 deg.00' and 163
deg.00' W long.
517.................. South of 56 deg.30' N lat, between 165 deg.00' W
long and 170 deg.00' W long; and north of
straight lines between
54 deg.30' N lat, 165 deg.00' W long,
54 deg.30' N lat, 167 deg.00' W long, and
55 deg.46' N lat, 170 deg.00' W long.
518.................. Bogoslof District: South of a straight line
between 55 deg.46' N lat, 170 deg.00' W long and
54 deg.30' N lat, 167 deg.00' W long, and
between 167 deg.00' W long and 170 deg.00' W
long, and north of the Aleutian Islands and
straight lines between the islands connecting
the following coordinates in the order listed:
52 deg.49.2' N, 169 deg.40.4' W,
52 deg.49.8' N, 169 deg.06.3' W,
53 deg.23.8' N, 167 deg.50.1' W,
53 deg.18.7' N, 167 deg.51.4' W.
519.................. South of a straight line between 54 deg.30' N
lat, 167 deg.00' W long and 54 deg.30' N lat,
164 deg.54' W long; east of 167 deg.00' W long;
west of Unimak Island; and north of the Aleutian
Islands and straight lines between the islands
connecting the following coordinates in the
order listed:
53 deg.59.0' N, 166 deg.17.2' W,
54 deg.02.9' N, 166 deg.03.0' W,
54 deg.07.7' N, 165 deg.40.6' W,
54 deg.08.9' N, 165 deg.38.8' W,
54 deg.11.9' N, 165 deg.23.3' W,
54 deg.23.9' N, 164 deg.44.0' W.
521.................. The area bounded by straight lines connecting the
following coordinates in the order listed:
55 deg.46' N, 170 deg.00' W,
59 deg.25' N, 179 deg.20' W,
60 deg.00' N, 179 deg.20' W,
60 deg.00' N, 171 deg.00' W,
58 deg.00' N, 171 deg.00' W,
58 deg.00' N, 170 deg.00' W,
55 deg.46' N, 170 deg.00' W.
523.................. The area bounded by straight lines connecting the
following coordinates in the order listed:
59 deg.25' N, 179 deg.20' W;
55 deg.46' N, 170 deg.00' W;
55 deg.00' N, 170 deg.00' W;
55 deg.00' N, 180 deg.00' W;
and north to the limits of the US EEZ as
described in the current edition of NOAA chart
INT 813 Bering Sea (Southern Part).
524.................. The area west of 170 deg.00' W bounded south by
straight lines connecting the following
coordinates in the order listed:
58 deg.00' N, 170 deg.00' W
58 deg.00' N, 171 deg.00' W;
60 deg.00' N, 171 deg.00' W;
60 deg.00' N, 179 deg.20' W;
59 deg.25' N, 179 deg.20' W
and to the limits of the US EEZ as described in
the current edition of NOAA chart INT 813 Bering
Sea (Southern Part).
530.................. The area north of 55 deg.00' N lat and west of
180 deg.00' W long to the limits of the US EEZ
as described in the current edition of NOAA
chart INT 813 Bering Sea (Southern Part).
541.................. Eastern Aleutian District. The area south of 55
deg.00' N lat, west of 170 deg.00' W long, and
east of 177 deg.00' W long and bounded on the
south by the limits of the US EEZ as described
in the current editions of NOAA chart INT 813
Bering Sea (Southern Part) and NOAA chart 530
(San Diego to Aleutian Islands and Hawaiian
Islands).
542.................. Central Aleutian District. The area south of 55
deg.00' N lat, west of 177 deg.00' W long, and
east of 177 deg.00' E long and bounded on the
south by the limits of the US EEZ as described
in the current editions of NOAA chart INT 813
Bering Sea (Southern Part) and NOAA chart 530
(San Diego to Aleutian Islands and Hawaiian
Islands).
543.................. Western Aleutian District. The area south of 55
deg.00' N lat and west of 177 deg.00' E long,
and bounded on the south and west by the limits
of the US EEZ as described in the current
editions of NOAA chart INT 813 Bering Sea
(Southern Part) and NOAA chart 530 (San Diego to
Aleutian Islands and Hawaiian Islands).
550.................. Donut Hole. International waters of the Bering
Sea outside the limits of the EEZ and Russian
economic zone as depicted on the current edition
of NOAA chart INT 813 Bering Sea (Southern
Part).
------------------------------------------------------------------------
Statistical Area. A statistical area is the part of a reporting area
contained in the EEZ.
BILLING CODE 3510-22-W
[[Page 31285]]
[GRAPHIC] [TIFF OMITTED] TR19JN96.001
Figure 2 to Part 679--BSAI Catcher Vessel Operational Area
[[Page 31286]]
[GRAPHIC] [TIFF OMITTED] TR19JN96.002
Figure 3 to Part 679--Gulf of Alaska Statistical and Reporting
Areas
a. Map
BILLING CODE 3510-22-C
[[Page 31287]]
Figure 3b to Part 679--Gulf of Alaska Statistical and Reporting
Areas
b. Coordinates of Reporting Areas
------------------------------------------------------------------------
Code Description
------------------------------------------------------------------------
610.................. Western Regulatory Area, Shumagin District. Along
the south side of the Aleutian Islands and
straight lines between the islands and the
Alaska Peninsula connecting the following
coordinates in the order listed:
52 deg. 49.2' N, 169 deg. 40.4' W;
52 deg. 49.8' N, 169 deg. 06.3' W;
53 deg. 23.8' N, 167 deg. 50.1' W;
53 deg. 18.7' N, 167 deg. 51.4' W;
53 deg. 59.0' N, 166 deg. 17.2' W;
54 deg. 02.9' N, 166 deg. 03.0' W;
54 deg. 07.7' N, 165 deg. 40.6' W;
54 deg. 0.89' N, 165 deg. 38.8' W;
54 deg. 11.9' N, 165 deg. 23.3' W;
54 deg. 23.9' N, 164 deg. 44.0' W; and
southward to the
limits of the US EEZ as described in the current
editions of NOAA chart INT 813 (Bering Sea,
Southern Part) and NOAA chart 500 (West Coast of
North America, Dixon Entrance to Unimak Pass),
between 170 deg. 00' W long and 159 deg. 00' W
long.
620.................. Central Regulatory Area, Chirikof District. Along
the south side of the Alaska Peninsula, between
159 deg. 00' W long and 154 deg. 00' W long, and
southward to the limits of the US EEZ as
described in the current edition of NOAA chart
500 (West Coast of North America, Dixon Entrance
to Unimak Pass).
630.................. Central Regulatory Area, Kodiak District. Along
the south side of continental Alaska, between
154 deg. 00' W long and 147 deg. 00' W long, and
southward to the limits of the US EEZ as
described in the current edition of NOAA chart
500 (West Coast of North America, Dixon Entrance
to Unimak Pass). Excluding area 649.
640.................. Eastern Regulatory Area, West Yakutat District.
Along the south side of continental Alaska,
between 147 deg. 00' W long and 140 deg. 00' W
long, and southward to the limits of the US EEZ,
as described in the current edition of NOAA
chart 500 (West Coast of North America, Dixon
Entrance to Unimak Pass). Excluding area 649.
649.................. Prince William Sound. Includes those waters of
the State of Alaska inside the base line as
specified in Alaska State regulations at 5 AAC
28.200.
650.................. Eastern Regulatory Area, Southeast Outside
District. East of 140 deg. 00' W long and
southward to the limits of the US EEZ as
described in the current edition of NOAA chart
500 (West Coast of North America, Dixon Entrance
to Unimak Pass). Excluding area 659.
659.................. Southeast Inside District. As specified in Alaska
State regulations at 5 AAC 28.105(a)(1) and (2).
690.................. Gulf of Alaska outside the U.S. EEZ as described
in the current editions of NOAA chart INT 813
(Bering Sea, Southern Part) and NOAA chart 500
(West Coast of North America, Dixon Entrance to
Unimak Pass).
------------------------------------------------------------------------
Statistical Area. A statistical area is the part of a reporting area
contained in the EEZ.
BILLING CODE 3510-22-W
[[Page 31288]]
[GRAPHIC] [TIFF OMITTED] TR19JN96.003
Figure 4 to Part 679--Herring Savings Areas in the BSAI a. Map
BILLING CODE 3510-22-C
[[Page 31289]]
Figure 4 to Part 679--Herring Savings Areas in the BSAI
b. Coordinates
----------------------------------------------------------------------------------------------------------------
Name Description and effective date
----------------------------------------------------------------------------------------------------------------
Summer Herring Savings Area 1............... That part of the Bering Sea subarea that is south of 57 deg. N.
lat and between 162 deg. and 164 deg. W. long from 1200 hours,
A.l.t., June 15 through 1200 hours, A.l.t. July 1 of a fishing
year.
Summer Herring Savings Area 2............... That part of the Bering Sea subarea that is south of 56 deg. 30'
N. lat and between 164 deg. and 167 deg. W. long from 1200 hours,
A.l.t., July 1 through 1200 hours, A.l.t. August 15 of a fishing
year.
Winter Herring Savings Area................. That part of the Bering Sea subarea that is between 58 deg. and 60
deg. N. lat and between 172 deg. and 175 deg. W. long from 1200
hours, A.l.t. September 1 of the current fishing year through
1200 hours, A.l.t. March 1 of the succeeding fishing year.
----------------------------------------------------------------------------------------------------------------
BILLING CODE 3510-22-W
[[Page 31290]]
[GRAPHIC] [TIFF OMITTED] TR19JN96.004
Figure 5a to part 679--Kodiak Island Areas Closed to Nonpelagic
Trawl Gear
a. Map
BILLING CODE 3510-22-C
[[Page 31291]]
Figure 5 to Part 679--Kodiak Island Areas Closed to Nonpelagic
Trawl Gear
b. Coordinates
------------------------------------------------------------------------
Name and description of North latitude/West
reference area longitude Reference point
------------------------------------------------------------------------
Alitak Flats and Towers Areas--All waters of Alitak flats and the Towers
Areas enclosed by a line connecting the following 7 points in the order
listed:
a........................... 56 deg.59'4'' 154 Low Cape.
31'1''
b........................... 57 deg.00'0'' 155 ....................
00'0''
c........................... 56 deg.17'0'' 155 ....................
00'0'
d........................... 56 deg.17'0'' 153 ....................
52'0''
e........................... 56 deg.33'5'' 153 Cape Sitkinak.
52'0''
f........................... 56 deg.54'5'' 153 East point of
32'5'' Twoheaded Island.
g........................... 56 deg.56'0'' 153 Kodiak Island,
35'5'' thence, along the
coastline.
a........................... 56 deg.59'4'' 154 Low Cape.
31'1''
Marmot Flats Area--All waters enclosed by a line connecting the
following five points in the clockwise order listed:
a........................... 58 deg.00'0'' 152 ....................
30'0''
b........................... 58 deg.00'0'' 151 ....................
47'0''
c........................... 57 deg.37'0'' 151 ....................
47'0''
d........................... 57 deg.37'0'' 152 Cape Chiniak, then
10'1'' along the coastline
of Kodiak Island to
North Cape.
e........................... 57 deg.54'5'' 152 ....................
30'0''
a........................... 58 deg.00'0'' 152
30'0''
Chirikof Island Area--All waters surrounding Chirikof Island enclosed by
a line connecting the following four points in the counter-clockwise
order listed:
a........................... 56 deg.07'0'' 155 ....................
13'0''
b........................... 56 deg.07'0'' 156 ....................
00'0''
c........................... 55 deg.41'0'' 156 ....................
00'0''
d........................... 55 deg.41'0'' 155 ....................
13'0''
a........................... 56 deg.07'0'' 155
13'0''
Barnabas Area--All waters enclosed by a line connecting the following
six points in the counter clockwise order listed a57 deg. 00' 0'' 153
deg. 18' 0'' Black Point
b........................... 56 deg.56'0'' 153 ....................
09'0''
c........................... 57 deg.22'0'' 152 South Tip of Ugak
18'5'' Island.
d........................... 57 deg.23'5'' 152 North Tip of Ugak
17'5'' Island.
e........................... 57 deg.25'3'' 152 Narrow Cape, thence,
20'0'' along the coastline
of Kodiak Island.
f........................... 57 deg.04'2'' 153 Cape Kasick to Black
30'0'' Point, including
inshore waters.
a........................... 57 deg.00'0'' 153
18'0''
------------------------------------------------------------------------
BILLING CODE 3510-22-W
[[Page 31292]]
[GRAPHIC] [TIFF OMITTED] TR19JN96.005
Figure 6 to Part 679--Length Overall of a Vessel
[[Page 31293]]
[GRAPHIC] [TIFF OMITTED] TR19JN96.006
Figure 7 to Part 679--Location of trawl gear test areas in the GOA
and the BSAI
BILLING CODE 3510-22-W
[[Page 31294]]
Table 1 to Part 679--Product Codes
------------------------------------------------------------------------
Fish product code Description
------------------------------------------------------------------------
1.................... Whole fish/food fish.
2.................... Whole fish/bait. Processed for bait.
3.................... Bled only. Throat, or isthmus, slit to allow
blood to drain.
4.................... Gutted only. Belly slit and viscera removed.
6.................... Head and gutted, with roe.
7.................... Headed and gutted, Western cut. Head removed just
in front of the collarbone, and viscera removed.
8.................... Headed and gutted, Eastern cut. Head removed just
behind the collarbone, and viscera removed.
10................... Headed and gutted, tail removed. Head removed
usually in front of collar bone, and viscera and
tail removed.
11................... Kirimi. Head removed either in front or behind
the collarbone, viscera removed, and tail
removed by cuts perpendicular to the spine,
resulting in a steak.
12................... Salted and split. Head removed, belly slit,
viscera removed, fillets cut from head to tail
but remaining attached near tail. Product
salted.
13................... Wings. On skates, side finds are cut off next to
body.
14................... Roe. Eggs, either loose or in sacs, or skeins.
15................... Pectoral girdle. Collar bone and associated
bones, cartilage and flesh.
16................... Heads. Heads only, regardless where severed from
body.
17................... Cheeks. Muscles on sides of head.
18................... Chins. Lower jaw (mandible), muscles, and flesh.
19................... Belly. Flesh in region of pelvic and pectoral
fins and behind head.
20................... Fillets with skin and ribs. Meat and skin with
ribs attached, from sides of body behind head
and in front of tail.
21................... Fillets with skin, no ribs. Meat and skin with
ribs removed, from sides of body behind head and
in front of tail.
22................... Fillets with ribs and no skin. Meat with ribs
with skin removed, from sides of body behind
head and in front of tail.
23................... Fillets, skinless/boneless. Meat with both skin
and ribs removed, from sides of body behind head
and in front of tail.
24................... Deep-skin fillet. Meat with skin, adjacent meat
with silver lining, and ribs removed from sides
of body behind head and in front of tail,
resulting in thin fillets.
30................... Surimi. Paste from fish flesh and additives.
31................... Minced. Ground flesh.
32................... Fish meal. Meal from fish and fish parts,
including bone meal.
33................... Fish oil. Rendered oil.
34................... Milt. (in sacs, or testes).
35................... Stomachs. Includes all internal organs.
36................... Octopus/squid mantles. Flesh after removal of
viscera and arms.
37................... Butterfly, no backbone. Head removed, belly slit,
viscera and most of backbone removed; fillets
attached.
39................... Bones (if meal, report as 32).
86................... Donated Salmon. Includes salmon retained and
donated under Salmon Donation Program.
97................... Other retained product
------------------------------------------------------------------------
DISCARD PRODUCT CODES
------------------------------------------------------------------------
92................... Discard, bait. Whole fish used as bait on board
vessel.
94................... Discard, consumption. Fish or fish products eaten
on board or taken off the vessel for personal
use.
96................... Previously discarded fish (decomposed) taken with
trawl gear in current fishing efforts.
Discarded.
98................... Discard, at sea. Whole groundfish and prohibited
species discarded by catcher vessels, Catcher/
Processors, Motherships, or Buying Stations
delivering to Motherships.
99................... Discard, dockside. Discard after delivery and
before processing; Discard, at plant. Inplant
discard of whole groundfish and prohibited
species by Shoreside Processors and Buying
Stations delivering to Shoreside Processors
before and during processing.
M99.................. Discard, off site meal reduction plant. Discarded
fish that are transferred to any off site
facility for reduction to fish meal, fish oil
and/or discard at sea.
------------------------------------------------------------------------
PRODUCT DESIGNATION
------------------------------------------------------------------------
A.................... Ancillary. Product made in addition to a primary
product from the same fish.
P.................... Primary. Product made from each fish with the
highest recovery rate.
R.................... Reprocessed. Product that results from processing
a previously reported product.
------------------------------------------------------------------------
[[Page 31295]]
Table 2 to Part 679--Species Codes
------------------------------------------------------------------------
Code Species
------------------------------------------------------------------------
110................... Pacific cod.
120................... Miscellaneous flatfish (all flatfish without
separate codes).
121................... Arrowtooth flounder and/or Kamchatka flounder.
122................... Flathead sole.
123................... Rock sole.
124................... Dover sole.
125................... Rex sole.
126................... Butter sole.
127................... Yellowfin sole.
128................... English sole.
129................... Starry flounder.
131................... Petrale sole.
132................... Sand sole.
133................... Alaska Plaice flounder.
134................... Greenland turbot.
135................... Greenstripe rockfish.
136................... Northern rockfish.
137................... Bocaccio rockfish.
138................... Copper rockfish.
141................... Pacific ocean perch (S. alutus only).
142................... Black rockfish.
143................... Thornyhead rockfish (all Sebastolobus species).
145................... Yelloweye rockfish.
146................... Canary rockfish.
147................... Quillback rockfish.
148................... Tiger rockfish.
149................... China rockfish.
150................... Rosethorn rockfish.
151................... Rougheye rockfish.
152................... Shortraker rockfish.
153................... Redbanded rockfish.
154................... Dusky rockfish.
155................... Yellowtail rockfish.
156................... Widow rockfish.
157................... Silvergray rockfish.
158................... Redstripe rockfish.
159................... Darkblotched rockfish.
160................... Sculpins.
166................... Sharpchin rockfish.
167................... Blue rockfish.
175................... Yellowmouth rockfish.
176................... Harlequin rockfish.
177................... Blackgill rockfish.
178................... Chilipepper rockfish.
179................... Pygmy rockfish.
181................... Shortbelly rockfish.
182................... Splitnose rockfish.
183................... Stripetail rockfish.
184................... Vermilion rockfish.
185................... Aurora rockfish.
193................... Atka mackerel.
270................... Pollock.
510................... Smelt.
511................... Eulachon.
516................... Capelin.
689................... Sharks.
700................... Skates.
710................... Sablefish.
870................... Octopus.
875................... Squid.
888................... Mixed species tote (for use on Product Transfer
Report only).
[[Page 31296]]
GROUP CODES. These group codes may be used if individual species cannot
be identified.
------------------------------------------------------------------------
144................... Slope rockfish (aurora, blackgill, Bocaccio,
redstripe, silvergray, chilipepper,
darkblotched, greenstriped, harlequin, pygmy,
shortbelly, splitnose, stripetail, vermillion,
yellowmouth, sharpchin).
168................... Demersal shelf rockfish (china, copper,
quillback, rosethorn, tiger, yelloweye,
canary).
169................... Pelagic shelf rockfish (blue, dusky, yellowtail,
widow).
171................... Shortraker/rougheye rockfish.
------------------------------------------------------------------------
PROHIBITED SPECIES CODES
------------------------------------------------------------------------
000................... Unspecified salmon.
200................... Pacific halibut.
235................... Pacific herring.
410................... Salmon, Chinook.
420................... Salmon, Sockeye.
430................... Salmon, Coho.
440................... Salmon, Pink.
450................... Salmon, Chum.
540................... Steelhead trout.
920................... Unspecified king crab.
921................... Red king crab.
922................... Blue king crab.
923................... Gold/brown king crab.
930................... Unspecified tanner crab.
931................... Bairdi tanner crab.
932................... Opilio tanner crab.
------------------------------------------------------------------------
[[Page 31297]]
Table 3 to Part 679--Product Recovery Rates for Groundfish Species
--------------------------------------------------------------------------------------------------------------------------------------------------------
PRODUCT CODE
-----------------------------------------------------------------------------------------------------------
FMP SPECIES SPECIES WHOLE WHOLE H&G H&G H&G
CODE FOOD BAIT BLED GUTTED WITH WESTERN EASTERN H&G W/O KIRIMI SALTED WINGS ROE
FISH FISH ROE CUT CUT TAIL & SPLIT
1 2 3 4 6 7 8 10 11 12 13 14
--------------------------------------------------------------------------------------------------------------------------------------------------------
PACIFIC COD........................ 110 1.00 1.00 0.98 0.85 0.63 0.57 0.47 0.44 ....... 0.45 ....... 0.05
ARROWTOOTH FLOUNDER................ 121 1.00 1.00 0.98 0.90 0.80 0.72 0.65 0.62 0.48 ....... ....... 0.08
ROCKFISH \1\....................... ....... 1.00 1.00 0.98 0.88 ....... 0.60 0.50 ....... ....... ....... ....... .......
SCULPINS........................... 160 1.00 1.00 0.98 0.87 ....... 0.50 0.40 ....... ....... ....... ....... .......
ATKA MACKEREL...................... 193 1.00 1.00 0.98 0.87 0.67 0.64 0.61 ....... ....... ....... ....... .......
POLLOCK............................ 270 1.00 1.00 0.98 0.80 0.70 0.65 0.56 0.50 ....... ....... ....... 0.04
SMELTS............................. 510 1.00 1.00 0.98 0.82 ....... 0.71 ....... ....... ....... ....... ....... .......
EULACHON........................... 511 1.00 1.00 0.98 0.82 ....... 0.71 ....... ....... ....... ....... ....... .......
CAPELIN............................ 516 1.00 1.00 0.98 0.89 ....... 0.78 ....... ....... ....... ....... ....... .......
SHARKS......
FR Doc. 96-14593 Fisheries of the Exclusive Economic Zone Off Alaska
....................... 689 1.00 1.00 0.98 0.83 ....... 0.72 ....... ....... ....... ....... ....... .......
SKATES............................. 700 1.00 1.00 0.98 0.90 ....... ....... 0.32 ....... ....... ....... 0.32 .......
SABLEFISH.......................... 710 1.00 1.00 0.98 0.89 ....... 0.68 0.63 0.50 ....... ....... ....... .......
OCTOPUS............................ 870 1.00 1.00 0.98 0.69 ....... ....... ....... ....... ....... ....... ....... .......
Target species categories GOA only:
DEEP WATER FLATFISH............ 118 1.00 1.00 0.98 0.90 0.80 0.72 0.65 0.62 0.48 ....... ....... 0.08
FLATHEAD SOLE.................. 122 1.00 1.00 0.98 0.90 0.80 0.72 0.65 0.62 0.48 ....... ....... 0.08
REX SOLE....................... 125 1.00 1.00 0.98 0.90 0.80 0.72 0.65 0.62 0.48 ....... ....... 0.08
SHALLOW WATER FLATFISH......... 119 1.00 1.00 0.98 0.90 0.80 0.72 0.65 0.62 0.48 ....... ....... 0.08
THORNYHEAD ROCKFISH............ 143 1.00 1.00 0.98 0.88 0.55 0.60 0.50 ....... ....... ....... ....... .......
Target species categories BSAI
only:
OTHER FLATFISH................. 120 1.00 1.00 0.98 0.90 0.80 0.72 0.65 0.62 0.48 ....... ....... 0.08
ROCK SOLE...................... 123 1.00 1.00 0.98 0.90 0.80 0.72 0.65 0.62 0.48 ....... ....... 0.08
YELLOWFIN SOLE................. 127 1.00 1.00 0.98 0.90 0.80 0.72 0.65 0.62 0.48 ....... ....... 0.08
GREENLAND TURBOT............... 134 1.00 1.00 0.98 0.90 0.80 0.72 0.65 0.62 0.48 ....... ....... 0.08
SQUID.......................... 875 1.00 1.00 0.98 0.69 ....... ....... ....... ....... ....... ....... ....... .......
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Rockfish means all species of Sebastes and Sebastolobus.
[[Page 31298]]
Table 3 to Part 679--Product Recovery Rates for Groundfish Species--Continued
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
PRODUCT CODE
-----------------------------------------------------------------------------------------------------------------------
FMP SPECIES SPECIES FILLETS FILLETS FILLETS FILLETS FILLETS
CODE PECTORAL HEADS CHEEKS CHINS BELLY W/SKIN SKIN ON W/RIBS SKINLESS/ DEEP SURIMI MINCE MEAL
GIRDLE & RIBS NO RIBS NO SKIN BONELESS SKIN
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
15 16 17 18 19 20 21 22 23 24 30 31 32
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
PACIFIC COD.................................................... 110 0.05 ....... 0.05 ....... 0.01 0.45 0.35 0.25 0.25 ....... 0.15 0.5 0.17
ARROWTOOTH FLOUNDER............................................ 121 ........ ....... ....... ....... ....... 0.32 0.27 0.27 0.22 ....... ....... ....... 0.17
ROCKFISH....................................................... ....... ........ 0.15 0.05 0.05 0.10 0.40 0.30 0.33 0.25 ....... ....... ....... 0.17
SCULPINS....................................................... 160 ........ ....... ....... ....... ....... ....... ....... ....... ......... ....... ....... ....... 0.17
ATKA MACKEREL.................................................. 193 ........ ....... ....... ....... ....... ....... ....... ....... ......... ....... 0.15 ....... 0.17
POLLOCK........................................................ 270 ........ 0.15 ....... ....... ....... 0.35 0.30 0.30 0.21 0.16 \2\ 0.1
6
\3\ 0.1
7 0.22 0.17
SMELTS......................................................... 510 ........ ....... ....... ....... ....... ....... 0.38 ....... ......... ....... ....... ....... 0.22
EULACHON....................................................... 511 ........ ....... ....... ....... ....... ....... 0.38 ....... ......... ....... ....... ....... 0.22
CAPELIN........................................................ 516 ........ ....... ....... ....... ....... ....... ....... ....... ......... ....... ....... ....... 0.22
SHARKS......................................................... 689 ........ ....... ....... ....... ....... ....... 0.30 0.30 0.25 ....... ....... ....... 0.17
SKATES......................................................... 700 ........ ....... ....... ....... ....... ....... ....... ....... ......... ....... ....... ....... 0.17
SABLEFISH...................................................... 710 ........ ....... 0.05 ....... ....... 0.35 0.30 0.30 0.25 ....... ....... ....... 0.22
OCTOPUS........................................................ 870 ........ ....... ....... ....... ....... ....... ....... ....... ......... ....... ....... ....... 0.17
Target species categories at GOA only:
DEEP WATER FLATFISH........................................ 118 ........ ....... ....... ....... ....... 0.32 0.27 0.27 0.22 ....... ....... ....... 0.17
FLATHEAD SOLE.............................................. 122 ........ ....... ....... ....... ....... 0.32 0.27 0.27 0.22 ....... ....... ....... 0.17
REX SOLE................................................... 125 ........ ....... ....... ....... ....... 0.32 0.27 0.27 0.22 ....... ....... ....... 0.17
SHALLOW WATER FLATFISH..................................... 119 ........ ....... ....... ....... ....... 0.32 0.27 0.27 0.22 ....... ....... ....... 0.17
THORNYHEAD ROCKFISH........................................ 143 ........ 0.20 0.05 0.05 0.05 0.40 0.30 0.35 0.25 ....... ....... ....... 0.17
Target species categories at BSIA only:
OTHER FLATFISH............................................. 120 ........ ....... ....... ....... ....... 0.32 0.27 0.27 0.22 ....... ....... ....... 0.17
ROCK SOLE.................................................. 123 ........ ....... ....... ....... ....... 0.32 0.27 0.27 0.22 ....... ....... ....... 0.17
YELLOWFIN SOLE............................................. 127 ........ ....... ....... ....... ....... 0.32 0.27 0.27 0.22 ....... 0.18 ....... 0.17
GREENLAND TURBOT........................................... 134 ........ ....... ....... ....... ....... 0.32 0.27 0.27 0.22 ....... ....... ....... 0.17
SQUID...................................................... 875 ........ ....... ....... ....... ....... ....... ....... ....... ......... ....... ....... ....... 0.17
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
\2\ Standard pollock surimi rate during January through June.
\3\ Standard pollock surimi rate during July through December.
[[Page 31299]]
Table 3 to Part 679--Product Recovery Rates for Groundfish Species--Continued
----------------------------------------------------------------------------------------------------------------
PRODUCT CODE
---------------------------------------------------------------------
FMP SPECIES SPECIES BUTTERFLY
CODE OIL MILT STOMACHS MANTLES BACKBONE DECOMPOSED DISCARDS
REMOVED FISH
----------------------------------------------------------------------------------------------------------------
33 34 35 36 37 96 92, 94,
98, 99,
M99
----------------------------------------------------------------------------------------------------------------
PACIFIC COD...................... 110 ....... ....... ........ ....... 0.43 0.00 1.00
ARROWTOOTH FLOUNDER.............. 121 ....... ....... ........ ....... ......... 0.00 1.00
ROCKFISH......................... ....... ....... ....... ........ ....... ......... 0.00 1.00
SCULPINS......................... 160 ....... ....... ........ ....... ......... 0.00 1.00
ATKA MACKEREL.................... 193 ....... ....... ........ ....... ......... 0.00 1.00
POLLOCK.......................... 270 ....... ....... ........ ....... 0.43 0.00 1.00
SMELTS........................... 510 ....... ....... ........ ....... ......... 0.00 1.00
EULACHON......................... 511 ....... ....... ........ ....... ......... 0.00 1.00
CAPELIN.......................... 516 ....... ....... ........ ....... ......... 0.00 1.00
SHARKS........................... 689 ....... ....... ........ ....... ......... 0.00 1.00
SKATES........................... 700 ....... ....... ........ ....... ......... 0.00 1.00
SABLEFISH........................ 710 ....... ....... ........ ....... ......... 0.00 1.00
OCTOPUS.......................... 870 ....... ....... ........ 0.85 1.00 0.00 1.00
Target species categories at GOA
only:
DEEP WATER FLATFISH.......... 118 ....... ....... ........ ....... ......... 0.00 1.00
FLATHEAD SOLE................ 122 ....... ....... ........ ....... ......... 0.00 1.00
REX SOLE..................... 125 ....... ....... ........ ....... ......... 0.00 1.00
SHALLOW WATER FLATFISH....... 119 ....... ....... ........ ....... ......... 0.00 1.00
THORNYHEAD ROCKFISH.......... 143 ....... ....... ........ ....... ......... 0.00 1.00
Target species categories at BSAI
only:
OTHER FLATFISH............... 120 ....... ....... ........ ....... ......... 0.00 1.00
ROCK SOLE.................... 123 ....... ....... ........ ....... ......... 0.00 1.00
YELLOWFIN SOLE............... 127 ....... ....... ........ ....... ......... 0.00 1.00
GREENLAND TURBOT............. 134 ....... ....... ........ ....... ......... 0.00 1.00
SQUID........................ 875 ....... ....... ........ 0.75 1.00 0.00 1.00
----------------------------------------------------------------------------------------------------------------
[[Page 31300]]
Table 4 to Part 679--Bering Sea Subarea Steller Sea Lion Protection Areas
----------------------------------------------------------------------------------------------------------------
From To
Island ---------------------------------------------------------------
Latitude Longitude Latitude Longitude
----------------------------------------------------------------------------------------------------------------
3-nm NO TRANSIT ZONES described at part 227.12(a)(2) of this title
a. Year-round Trawl Closures (Trawling Prohibited Within 10 nm).
----------------------------------------------------------------------------------------------------------------
Sea Lion Rocks.................................. 55 deg.28.0' N 163 deg.12.0'
W
Ugamak Island................................... 54 deg.14.0' N 164 deg.48.0'
W 54 deg.13.0' N 164 deg.48.0'
W
Akun Island..................................... 54 deg.18.0' N 165 deg.32.5'
W 54 deg.18.0' N 165 deg.31.5'
W
Akutan Island................................... 54 deg.03.5' N 166 deg.00.0'
W 54 deg.05.5' N 166 deg.05.0'
W
Bogoslof Island................................. 53 deg.56.0' N 168 deg.02.0'
W
Ogchul Island................................... 53 deg.00.0' N 168 deg.24.0'
W
Adugak Island................................... 52 deg.55.0' N 169 deg.10.5'
W
Walrus Island................................... 57 deg.11.0' N 169 deg.56.0'
W
----------------------------------------------------------------------------------------------------------------
b. Seasonal Trawl Closures (During January 1 through April 15, or a date earlier than April 15, if adjusted
under part 679, Trawling Prohibited Within 20 nm).
----------------------------------------------------------------------------------------------------------------
Sea Lion Rocks.................................. 55 deg.28.0' N 163 deg.12.0'
W
Akun Island..................................... 54 deg.18.0' N 165 deg.32.5'
W 54 deg.18.0' N 165 deg.31.5'
W
Akutan Island................................... 54 deg.03.5' N 166 deg.00.0'
W 54 deg.05.5' N 166 deg.05.0'
W
Ugamak Island................................... 54 deg.14.0' N 164 deg.48.0'
W 54 deg.13.0' N 164 deg.48.0'
W
Seguam Island................................... 52 deg.21.0' N 172 deg.35.0'
W 52 deg.21.0' N 172 deg.33.0'
W
Agligadak Island................................ 52 deg.06.5' N 172 deg.54.0'
W
----------------------------------------------------------------------------------------------------------------
Note: The bounds of each rookery extend in a clockwise direction from the first set of geographic coordinates,
along the shoreline at mean lower low water, to the second set of coordinates; if only one set of geographic
coordinates is listed, the rookery extends around the entire shoreline of the island at mean lower low water.
Table 5 to Part 679--Aleutian Islands Subarea Steller Sea Lion Protection Areas
----------------------------------------------------------------------------------------------------------------
From To
Island ---------------------------------------------------------------
Latitude Longitude Latitude Longitude
----------------------------------------------------------------------------------------------------------------
3-nm NO TRANSIT ZONES described at part 227.12(a)(2) of this title
a. Year-round Trawl Closures (Trawling Prohibited Within 10 nm).
----------------------------------------------------------------------------------------------------------------
Yunaska Island.................................. 52 deg.42.0' N 170 deg.38.5'
W 52 deg.41.0' N 170 deg.34.5'
W
Seguam Island................................... 52 deg.21.0' N 172 deg.35.0'
W 52 deg.21.0' N 172 deg.33.0'
W
Agligadak Island................................ 52 deg.06.5' N 172 deg.54.0'
W
Kasatochi Island................................ 52 deg.10.0' N 175 deg.31.0'
W 52 deg.10.5' N 175 deg.29.0'
W
Adak Island..................................... 51 deg.36.5' N 176 deg.59.0'
W 51 deg.38.0' N 176 deg.59.5'
W
Gramp Rock...................................... 51 deg.29.0' N 178 deg.20.5'
W
Tag Island...................................... 51 deg.33.5' N 178 deg.34.5'
W
Ulak Island..................................... 51 deg.20.0' N 178 deg.57.0'
W 51 deg.18.5' N 178 deg.59.5'
W
Semisopochnoi................................... 51 deg.58.5' N 179 deg.45.5'
E 51 deg.57.0' N 179 deg.46.0'
E
Semisopochnoi................................... 52 deg.01.5' N 179 deg.37.5'
E 52 deg.01.5' N 179 deg.39.0'
E
Amchitka Island................................. 51 deg.22.5' N 179 deg.28.0'
E 51 deg.21.5' N 179 deg.25.0'
E
Amchitka Is./Column Rocks....................... 51 deg.32.5' N 178 deg.49.5'
E
Ayugadak Point.................................. 51 deg.45.5' N 178 deg.24.5'
E
Kiska Island.................................... 51 deg.57.5' N 177 deg.21.0'
E 51 deg.56.5' N 177 deg.20.0'
E
Kiska Island.................................... 51 deg.52.5' N 177 deg.13.0'
E 51 deg.53.5' N 177 deg.12.0'
E
Buldir Island................................... 52 deg.20.5' N 175 deg.57.0'
E 52 deg.23.5' N 175 deg.51.0'
E
Agattu Is./Gillion Pt........................... 52 deg.24.0' N 173 deg.21.5'
E
Agattu Island................................... 52 deg.23.5' N 173 deg.43.5'
W 52 deg.22.0' N 173 deg.41.0'
E
Attu Island..................................... 52 deg.54.5' N 172 deg.28.5'
W 52 deg.57.5' N 172 deg.31.5'
E
----------------------------------------------------------------------------------------------------------------
b. Seasonal Trawl Closures (During January 1 through April 15, or a date earlier than April 15, if adjusted
under part 679.20. Trawling Prohibited Within 20 nm).
----------------------------------------------------------------------------------------------------------------
Seguam Island................................... 52 deg.21.0' N 172 deg.35.0'
W 52 deg.21.0' N 172 deg.33.0'
W
Agligadak Island................................ 52 deg.06.5' N 172 deg.54.0'
W
----------------------------------------------------------------------------------------------------------------
Note: Each rookery extends in a clockwise direction from the first set of geographic coordinates, along the
shoreline at mean lower low water, to the second set of coordinates; if only one set of geograhic coordinates
is listed, the rookery extends around the entire shoreline of the island at mean lower low water.
[[Page 31301]]
Table 6 to Part 679--Gulf of Alaska Steller Sea Lion Protection Areas
----------------------------------------------------------------------------------------------------------------
From To
Island ---------------------------------------------------------------
Latitude Longitude Latitude Longitude
----------------------------------------------------------------------------------------------------------------
3-nm NO TRANSIT ZONES described at part 227.12(a)(2) of this title
a. Year-round Trawl Closures (Trawling Prohibited Within 10 nm).
----------------------------------------------------------------------------------------------------------------
Outer Island.................................... 59 deg.20.5' N 150 deg.23.0'
W 59 deg.21.0' N 150 deg.24.5'
W
Sugarloaf Island................................ 58 deg.53.0' N 152 deg.02.0'
W
Marmot Island................................... 58 deg.14.5' N 151 deg.47.5'
W 58 deg.10.0' N 151 deg.51.0'
W
Chirikof Island................................. 55 deg.46.5' N 155 deg.39.5'
W 55 deg.46.5' W 155 deg.43.0'
W
Chowiet Island.................................. 56 deg.00.5' N 156 deg.41.5'
W 56 deg.00.5' N 156 deg.42.0'
W
Atkins Island................................... 55 deg.03.5' N 159 deg.18.5'
W
Chernabura Island............................... 54 deg.47.5' N 159 deg.31.0'
W 54 deg.45.5' N 159 deg.33.5'
W
Pinnacle Rock................................... 54 deg.46.0' N 161 deg.46.0'
W
Clubbing Rocks-N................................ 54 deg.43.0' N 162 deg.26.5'
W
Clubbing Rocks-S................................ 54 deg.42.0' N 162 deg.26.5'
W
Ugamak Island................................... 54 deg.14.0' N 164 deg.48.0'
W 54 deg.13.0' N 164 deg.48.0'
W
Akun Island..................................... 54 deg.18.0' N 165 deg.32.5'
W 54 deg.18.0' N 165 deg.31.5'
W
Akutan Island................................... 54 deg.03.5' N 166 deg.00.0'
W 54 deg.05.5' N 166 deg.05.0'
W
Ogchul Island................................... 53 deg.00.0' N 168 deg.24.0'
W
----------------------------------------------------------------------------------------------------------------
b. Seasonal Trawl Closures (During January 1 through April 15, or a date earlier than April 15, if adjusted
under part 679.20. Trawling Prohibited Within 20 nm).
----------------------------------------------------------------------------------------------------------------
Akun I.......................................... 54 deg.18.0' N 165 deg.32.5'
W 54 deg.18.0' N 165 deg.31.5'
W
Akutan I........................................ 54 deg.03.5' N 166 deg.00.0'
W 54 deg.05.5' N 166 deg.05.0'
W
Ugamak I........................................ 54 deg.14.0' N 164 deg.48.0'
W 54 deg.13.0' N 164 deg.48.0'
W
----------------------------------------------------------------------------------------------------------------
Note: The bounds of each rookery extend in a clockwise direction from the first set of geographic coordinates,
along the shoreline at mean lower low water, to the second set of coordinates; if only one set of geographic
coordinates is listed, the rookery extends around the entire shoreline of the island at mean lower low water.
[[Page 31302]]
Table 7 to Part 679--Communities Determined to be Eligible to Apply for
Community Development Quotas
[Other communities may also be eligible, but do not appear on this
table.]
------------------------------------------------------------------------
-------------------------------------------------------------------------
Aleutian Region:
1. Atka
2. False Pass
3. Nelson Lagoon
4. Nikolski
5. St. George
6. St. Paul
Bering Strait:
1. Brevig Mission
2. Diomede/Inalik
3. Elim
4. Gambell
5. Golovin
6. Koyuk
7. Nome
8. Savoonga
9. Shaktoolik
10. St. Michael
11. Stebbins
12. Teller
13. Unalakleet
14. Wales
15. White Mountain
Bristol Bay:
1. Alegnagik
2. Clark's Point
3. Dillingham
4. Egegik
5. Ekuk
6. Manokotak
7. Naknek
8. Pilot Point/Ugashi
9. Port Heiden/Meschick
10. South Naknek
11. Sovonoski/King Salmon
12. Togiak
13. Twin Hills
Southwest Coastal Lowlands:
1. Alakanuk
2. Chefornak
3. Chevak
4. Eek
5. Emmonak
6. Goodnews Bay
7. Hooper Bay
8. Kipnuk
9. Kongiganak
10. Kotlik
11. Kwigilingok
12. Mekoryuk
13. Newtok
14. Nightmute
15. Platinum
16. Quinhagak
17. Scammon Bay
18. Sheldon's Point
19. Toksook Bay
20. Tununak
21. Tuntutuliak
------------------------------------------------------------------------
Table 8 to Part 679--Harvest Zone Codes for Use with Product Transfer
Reports and Vessel Activity Reports
------------------------------------------------------------------------
Harvest zone Description
------------------------------------------------------------------------
A............................. EEZ off Alaska.
D............................. Donut Hole.
F............................. Foreign Waters Other than Russia.
I............................. International Waters other than Donut
Hole and Seamounts.
R............................. Russian waters.
S............................. Seamounts in International waters.
U............................. U.S. EEZ other than Alaska.
------------------------------------------------------------------------
Table 9 to Part 679--Required Logbooks, Reports and Forms From Participants in the Federal Groundfish Fisheries
----------------------------------------------------------------------------------------------------------------
Cather- Shoreside
Name of logbook/Form Catcher-vessel processor Mothership processor Buying station
----------------------------------------------------------------------------------------------------------------
Daily Fishing Logbook (DFL)..... Yes No No No No
Daily Cumulative Production
Logbook (DCPL)................. No Yes Yes Yes No
Daily Cumulative Logbook (DCL).. No No No No Yes
Check-in/Check-out Report....... No Yes Yes Yes Yes
U.S. Vessel Activity Report
(VAR).......................... Yes Yes Yes No No
Weekly Production Report (WPR).. No Yes Yes Yes No
Daily Production Report (DPR)*.. No Yes Yes Yes No
Product Transfer Report (PTR)... No Yes Yes Yes No
----------------------------------------------------------------------------------------------------------------
* When required by Regional Director.
[[Page 31303]]
Table 10 to Part 679--Gulf of Alaska Retainable Percentages
--------------------------------------------------------------------------------------------------------------------------------------------------------
Basis species \1\ Bycatch species \1\
------------------------------------------------------------------------------------------------------------------------
Pacific Deep Rex Flathead Shallow Aggregated DSR Atka Other
Pollock Cod flatfish Sole Sole flatfish Arrowtooth Sablefish rockfish SEEO mackerel species
---------------------------------------------------------------------------------------------------------------------\2\--------\4\---------------------
Pollock........................ \3\ na 20 20 20 20 20 35 1 5 10 20 20
Pacific cod.................... 20 \3\ na 20 20 20 20 35 1 5 10 20 20
Deep flatfish.................. 20 20 \3\ na 20 20 20 35 15 15 1 20 20
Rex sole....................... 20 20 20 \3\ na 20 20 35 15 15 1 20 20
Flathead sole.................. 20 20 20 20 \3\ na 20 35 15 15 1 20 20
Shallow flatfish............... 20 20 20 20 20 \3\ na 35 1 5 10 20 20
Arrowtooth..................... 0 0 0 0 0 0 \3\ na 0 0 0 0 0
Sablefish...................... 20 20 20 20 20 20 35 \3\ na 15 1 20 20
Pacific Ocean perch............ 20 20 20 20 20 20 35 15 15 1 20 20
Shortraker/rougheye............ 20 20 20 20 20 20 35 15 15 1 20 20
Other rockfish................. 20 20 20 20 20 20 35 15 15 1 20 20
Northern rockfish.............. 20 20 20 20 20 20 35 15 15 1 20 20
Pelagic rockfish............... 20 20 20 20 20 20 35 15 15 1 20 20
DSR-SEEO....................... 20 20 20 20 20 20 35 15 15 \3\ na 20 20
Thornyhead..................... 20 20 20 20 20 20 35 15 15 1 20 20
Atka mackerel.................. 20 20 20 20 20 20 35 1 5 10 \3\ na 20
Other species.................. 20 20 20 20 20 20 35 1 5 10 20 \3\ na
Aggregated amount non-
groundfish species............ 20 20 20 20 20 20 35 1 5 10 20 20
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ For definition of species, see Table 1 of the Gulf of Alaska groundfish specifications.
\2\ Aggregated rockfish means rockfish of the genera Sebastes and Sebastolobus except in the southeast Outside District where demersal shelf rockfish
(DSR) is a separate category.
\3\ na = not applicable.
\4\ SEEO = Southeast Outside District.
[[Page 31304]]
Table 11 to Part 679--Bering Sea and Aleutian Islands Management Area Retainable Percentages
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Bycatch species \1\
-------------------------------------------------------------------------------------------------------------------------------------
Basis species \1\ Pacific Atka Yellowfin Other Flathead Greenland Aggregated Other
Pollock cod mackerel Arrowtooth sole flatfish Rocksole sole turbot Sablefish rockfish Squid species
-----------------------------------------------------------------------------------------------------------------------------------------------------------------------\2\----------------------
Pollock................................................... \3\ na 20 20 35 20 20 20 20 1 1 5 20 20
Pacific cod............................................... 20 \3\ na 20 35 20 20 20 20 1 1 5 20 20
Atka mackerel............................................. 20 20 \3\ na 35 20 20 20 20 1 1 5 20 20
Arrowtooth................................................ 0 0 0 \3\ na 0 0 0 0 0 0 0 0 0
Yellowfin sole............................................ 20 20 20 35 \3\ na 35 35 35 1 1 5 20 20
Other flatfish............................................ 20 20 20 35 35 \3\ na 35 35 1 1 5 20 20
Rocksole.................................................. 20 20 20 35 35 35 \3\ na 35 1 1 5 20 20
Flathead sole............................................. 20 20 20 35 35 35 35 \3\ na 35 15 15 20 20
Greenland turbot.......................................... 20 20 20 35 20 20 20 20 \3\ na 15 15 20 20
Sablefish................................................. 20 20 20 35 20 20 20 20 35 \3\ na 15 20 20
Other rockfish............................................ 20 20 20 35 20 20 20 20 35 15 15 20 20
Other red rockfish-BS..................................... 20 20 20 35 20 20 20 20 35 15 15 20 20
Pacific Ocean perch....................................... 20 20 20 35 20 20 20 20 35 15 15 20 20
Sharpchin/Northern-AI..................................... 20 20 20 35 20 20 20 20 35 15 15 20 20
Shortraker/Rougheye-AI.................................... 20 20 20 35 20 20 20 20 35 15 15 20 20
Squid..................................................... 20 20 20 35 20 20 20 20 1 1 5 \3\ na 20
Other species............................................. 20 20 20 35 20 20 20 20 1 1 5 20 \3\ na
Aggregated amount non-groundfish species.................. 20 20 20 35 20 20 20 20 1 1 5 20 20
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ For definition of species, see Table 1 of the Bering Sea and Aleutian Islands groundfish specifications.
\2\ Aggregated rockfish of the genera Sebastes and Sebastolobus.
\3\ na = not applicable.
[FR Doc. 96-14593 Filed 6-18-96; 8:45 am]
BILLING CODE 3510-22-W
Complete official Federal Register PDF
FR Doc. 96-14319 Streamlining the Equipment Authorization Procedures for Digital Devices
[Federal Register Volume 61, Number 119 (Wednesday, June 19, 1996)]
[Rules and Regulations]
[Pages 31044-31051]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-14319]
=======================================================================
-----------------------------------------------------------------------
FEDERAL COMMUNICATIONS COMMISSION
47 CFR Parts 0, 2 and 15
[ET Docket No. 95-19; FCC 96-208]
Streamlining the Equipment Authorization Procedures for Digital
Devices
AGENCY: Federal Communications Commission.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: These rules deregulate the equipment authorization
requirements for personal computers and personal computer peripherals
by relaxing the equipment authorization procedures to provide a new
self-authorization process based on a manufacturer's or supplier's
declaration of compliance. These changes were made to reduce the
regulatory burden on computer manufacturers and assemblers. This action
will save industry approximately $250 million annually, permit products
to reach the marketplace more quickly and stimulate competition in the
computer industry.
EFFECTIVE DATE: August 19, 1996.
FOR FURTHER INFORMATION CONTACT: John A. Reed at (202) 418-2455 and
Anthony Serafini at 418-2456, Office of Engineering and Technology.
SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Report
and Order in ET Docket No. 95-19, FCC 96-208, adopted May 9, 1996 and
released May 14, 1996. The complete text of this Report and Order is
available for inspection and copying during normal business hours in
the FCC Reference Center (Room 239), 1919 M Street, NW., Washington,
DC, and also may be purchased from the Commission's copy contractor,
International Transcription Services, Inc., (202) 857-3800, 2100 M
Street, NW., Suite 140, Washington, DC 20037.
Summary of the Report and Order
1. By this action, the Commission is streamlining the equipment
authorization requirements for personal computers and personal computer
peripherals. The item adopts a new ``Declaration of Conformity'' (DoC)
procedure that will permit these devices to be authorized based on a
manufacturer's or supplier's declaration that the computer product
conforms with all FCC requirements. Under this procedure, a
manufacturer or equipment supplier will test a product to ensure
compliance with our standards for limiting radio frequency (RF)
emissions and will include a statement, attesting to compliance with
those standards in the literature furnished with the product. We are
also permitting the marketing of personal computers assembled from
separate components that have themselves been authorized under a DoC.
In such cases, no further testing of the completed assembly will be
required.
2. We anticipate that these rule changes will save industry
approximately $250 million annually in administrative expenses, while
continuing to provide the same level of protection against harmful
interference from personal computing devices to radio communication
services. In addition, the new rules will eliminate the need for
manufacturers to obtain FCC approval before marketing new personal
computer products and thus will allow such products to reach the
marketplace more quickly. We also believe that our relaxation of the
existing regulations, which can be particularly burdensome for small
manufacturers, will stimulate competition in the computer industry.
Further, these changes will align our equipment authorization
requirements for personal computers with those used in other parts of
the world. This action is consistent with new authority provided in the
Telecommunications Act of 1996 that permits the Commission to authorize
the use of private organizations for testing and certifying the
compliance of devices or home electronics equipment and systems with
FCC regulations.
3. Accordingly, it is ordered that Parts 0, 2 and 15 of the
Commission's Rules and Regulations are amended as specified below,
effective August 19, 1996. It is also ordered that the proceeding in
GEN Docket No. 90-413 is terminated. The authority for issuance of this
Report and Order is contained in Sections 4(i), 301, 302, 303(e),
303(f), 303(r), 304 and 307 of the Communications Act of 1934, as
amended, 47 U.S.C. Sections 154(i), 301, 302, 303(e), 303(f), 303(r),
304 and 307.
Final Regulatory Flexibility Analysis
Pursuant to 5 U.S.C. Section 603, an Initial Regulatory Flexibility
Analysis was incorporated in the Notice of Proposed Rule Making (NPRM)
in ET Docket No. 95-19, FCC 95-46, 60 FR 15116, March 22, 1995. Written
comments on the proposals in the NPRM, including the Regulatory
Flexibility Analysis, were requested.
[[Page 31045]]
The following Final Regulatory Analysis has been prepared:
1. Need and purpose of this action: This action determines the
standards, test procedures, and equipment authorization requirements
that will be applied to personal computers in order: (1) To reduce
regulatory burdens on computer manufacturers; (2) to remove impediments
to flexible system design and construction techniques for computers;
and, (3) to reduce the potential for interference to radio services by
improving our ability to ensure that personal computers comply with our
standards.
2. Summary of the issues raised by the public comments in response
to the Initial Regulatory Flexibility Analysis: No commenting parties
raised issues specifically in response to the initial regulatory
flexibility analysis.
3. Significant alternatives considered: None.
List of Subjects
47 CFR Part 0
Organization and functions (Government agencies).
47 CFR Part 2
Imports, Radio, Reporting and recordkeeping requirements.
47 CFR Part 15
Computer technology, Reporting and recordkeeping requirements.
Federal Communications Commission.
LaVera F. Marshall,
Acting Secretary.
Rule Changes
Title 47 of the Code of Federal Regulations, Parts 0, 2 and 15 are
amended as follows:
PART 0--COMMISSION ORGANIZATION
1. The authority citation for Part 0 continues to read as follows:
Authority: Secs. 5, 48 Stat. 1068, as amended; 47 U.S.C. 155.
2. Section 0.241 is amended by adding a new paragraph (g) to read
as follows:
Sec. 0.241 Authority delegated.
* * * * *
(g) The Chief of the Office of Engineering and Technology is
authorized to enter into agreements with the National Institute of
Standards and Technology and other accreditation bodies to perform
accreditation of test laboratories pursuant to Sec. 2.948(d) of this
chapter. In addition, the Chief is authorized to make determinations
regarding the continued acceptability of individual accrediting
organizations and accredited laboratories.
PART 2--FREQUENCY ALLOCATIONS AND RADIO TREATY MATTERS; GENERAL
RULES AND REGULATIONS
1. The authority citation for Part 2 continues to read as follows:
Authority: Sec. 4, 302, 303, and 307 of the Communications Act
of 1934, as amended, 47 U.S.C. Sections 154, 302, 303, and 307,
unless otherwise noted.
2. Section 2.805 is revised to read as follows:
Sec. 2.805 Equipment that does not require Commission approval.
In the case of a radio frequency device that, in accordance with
the rules in this chapter, does not have to have a grant of equipment
authorization issued by the Commission, e.g., a device subject to
verification or a Declaration of Conformity, but, nevertheless, must
comply with specified technical standards prior to use, no person shall
sell or lease, or offer for sale or lease (including advertising for
sale or lease), or import, ship or distribute for the purposes of
selling or leasing or offering for sale or lease, any such radio
frequency device unless, prior thereto, such device complies with the
applicable administrative and technical provisions (including
verification or Declaration of Conformity of the equipment, where
required) specified in the Commission's rules.
3. Section 2.901 is revised to read as follows:
Sec. 2.901 Basis and purpose.
(a) In order to carry out its responsibilities under the
Communications Act and the various treaties and international
regulations, and in order to promote efficient use of the radio
spectrum, the Commission has developed technical standards for radio
frequency equipment and parts or components thereof. The technical
standards applicable to individual types of equipment are found in that
part of the rules governing the service wherein the equipment is to be
operated. In addition to the technical standards provided, the rules
governing the service may require that such equipment be verified by
the manufacturer or importer, be authorized under a Declaration of
Conformity, or receive an equipment authorization from the Commission
by one of the following procedures: type approval, type acceptance,
certification, registration or notification.
(b) The following sections describe the verification procedure, the
procedure for a Declaration of Conformity, and the procedures to be
followed in obtaining type approval, type acceptance, certification or
notification from the Commission and the conditions attendant to such a
grant.
4. A new Sec. 2.906 is added to read as follows:
Sec. 2.906 Declaration of Conformity.
(a) A Declaration of Conformity is a procedure where the
responsible party, as defined in Sec. 2.909, makes measurements or
takes other necessary steps to ensure that the equipment complies with
the appropriate technical standards. Submittal of a sample unit or
representative data to the Commission demonstrating compliance is not
required unless specifically requested pursuant to Sec. 2.1076.
(b) The Declaration of Conformity attaches to all items
subsequently marketed by the responsible party which are identical, as
defined in Sec. 2.908, to the sample tested and found acceptable by the
responsible party.
5. Section 2.909 is amended by revising the introductory text and
by adding a new paragraph (c) to read as follows:
Sec. 2.909 Responsible party.
The following parties are responsible for the compliance of radio
frequency equipment with the applicable standards:
* * * * *
(c) In the case of equipment subject to authorization under the
Declaration of Conformity procedure:
(1) The manufacturer or, if the equipment is assembled from
individual component parts and the resulting system is subject to
authorization under a Declaration of Conformity, the assembler.
(2) If the equipment, by itself, is subject to a Declaration of
Conformity and that equipment is imported, the importer.
6. Section 2.913 is revised to read as follows:
Sec. 2.913 Submittal of equipment authorization application or
information to the Commission.
(a) Unless otherwise directed, applications with fees attached for
the equipment authorization, pursuant to Sec. 1.1103 of this chapter,
must be submitted to the Federal Communications Commission, Equipment
Approval Services, P.O. Box 358315, Pittsburgh, PA 15251-5315. If the
applicant chooses to make use of an air courier/package delivery
service, the following address must appear on the outside of the
package/envelope:
[[Page 31046]]
Federal Communications Commission, c/o Mellon Bank, Three Mellon Bank
Center, 525 William Penn Way, 27th floor, Room 153-2713, Pittsburgh,
Pennsylvania 15259-0001, attention: Wholesale Lockbox Supervisor.
(b) Any information or equipment samples requested by the
Commission pursuant to the provisions of subpart J of this part shall,
unless otherwise directed, be submitted to the FCC, Equipment
Authorization Division, 7434 Oakland Mills Road, Columbia, Maryland
21046.
7. The centered heading preceding Sec. 2.927 is revised to read as
follows:
Conditions Attendant to an Equipment Authorization
8. Section 2.937 is revised to read as follows:
Sec. 2.937 Equipment defect and/or design change.
When a complaint is filed with the Commission concerning the
failure of equipment subject to this chapter to comply with pertinent
requirements of the Commission's rules, and the Commission determines
that the complaint is justified and arises out of an equipment fault
attributable to the responsible party, the Commission may require the
responsible party to investigate such complaint and report the results
of such investigation to the Commission. The report shall also indicate
what action if any has been taken or is proposed to be taken by the
responsible party to correct the defect, both in terms of future
production and with reference to articles in the possession of users,
sellers and distributors.
9. Section 2.945 is revised to read as follows:
Sec. 2.945 Sampling tests of equipment compliance.
The Commission will, from time to time, request the responsible
party to submit equipment subject to this chapter to determine the
extent to which subsequent production of such equipment continues to
comply with the data filed by the applicant (or on file with the
responsible party for equipment subject to notification or a
Declaration of Conformity). Shipping costs to the Commission's
laboratory and return shall be borne by the responsible party.
10. Section 2.946 is amended by revising paragraphs (a) and (b) to
read as follows:
Sec. 2.946 Penalty for failure to provide test samples and data.
(a) Any responsible party, as defined in Sec. 2.909, or any party
who markets equipment subject to the provisions of this chapter, shall
provide test sample(s) or data upon request by the Commission. Failure
to comply with such a request with the time frames shown below may be
cause for forfeiture, pursuant to Sec. 1.80 of this chapter, or other
administrative sanctions such as suspending action on any applications
for equipment authorization submitted by such party while the matter is
being resolved.
(1) When the equipment is subject to authorization under a
Declaration of Conformity, data shall be provided within 14 days of
delivery of the request and test sample(s) shall be provided within 60
days of delivery of the request.
(2) For all other devices, test sample(s) or data shall be provided
within 60 days of the request.
(b) In the case of equipment involving harmful interference or
safety of life or property, the Commission may specify that test
samples subject to the provisions of this section be submitted within
less than 60 days, but not less than 14 days. Failure to comply within
the specified time period will be subject to the sanctions specified in
paragraph (a) of this section.
* * * * *
11. Section 2.948 is amended by adding new paragraphs (a)(3) and
(d) to read as follows:
Sec. 2.948 Description of measurement facilities.
(a) * * *
(3) If the equipment is to be authorized under a Declaration of
Conformity, the description of the measurement facilities shall be
retained by the party performing the measurements.
* * * * *
(d) If the equipment is to be authorized under a Declaration of
Conformity, the party performing the measurements shall be accredited
for performing such measurements by an authorized accreditation body
based on the International Organization for Standardization/
International Electrotechnical Commission (ISO/IEC) Guide 25, ``General
Requirements for the Competence of Calibration and Testing
Laboratories.'' Accreditation bodies must be approved by the FCC's
Office of Engineering and Technology, as indicated in Sec. 0.241 of
this chapter, to perform such accreditation based on ISO/IEC 58,
``Calibration and Testing Laboratory Accreditation Systems--General
Requirements for Operation and Recognition.'' The frequency for
revalidation of the test site and the information required to be filed
or retained by the testing party shall comply with the requirements
established by the accrediting organization.
Note to paragraph (d): Parties that are located outside of the
United States or its possessions will be accredited only if there is
a mutual recognition agreement between that country and the United
States that permits similar accreditation of U.S. facilities to
perform testing for products marketed in that country.
12. A new centered heading is added following Section 2.1065, to
read as follows:
Declaration of Conformity
13. A new Sec. 2.1071 is added following the centered heading to
read as follows:
Declaration of Conformity
Sec. 2.1071 Cross reference.
The general provisions of this subpart, shall apply to equipment
subject to a Declaration of Conformity.
14. A new Sec. 2.1072 is added to read as follows:
Sec. 2.1072 Limitation on Declaration of Conformity.
(a) The Declaration of Conformity signifies that the responsible
party, as defined in Sec. 2.909, has determined that the equipment has
been shown to comply with the applicable technical standards if no
unauthorized change is made in the equipment and if the equipment is
properly maintained and operated. Compliance with these standards shall
not be construed to be a finding by the responsible party with respect
to matters not encompassed by the Commission's rules.
(b) A Declaration of Conformity by the responsible party is
effective until a termination date is otherwise established by the
Commission.
(c) No person shall, in any advertising matter, brochure, etc., use
or make reference to a Declaration of Conformity in a deceptive or
misleading manner or convey the impression that such a Declaration of
Conformity reflects more than a determination by the responsible party
that the device or product has been shown to be capable of complying
with the applicable technical standards of the Commission's rules.
15. A new Sec. 2.1073 is added to read as follows:
Sec. 2.1073 Responsibilities.
(a) The responsible party, as defined in Sec. 2.909, must warrant
that each unit of equipment marketed under a Declaration of Conformity
is identical to the unit tested and found acceptable with the standards
and that the records maintained by the responsible party
[[Page 31047]]
continue to reflect the equipment being produced under the Declaration
of Conformity within the variation that can be expected due to quantity
production and testing on a statistical basis.
(b) The responsible party, if different from the manufacturer, may
upon receiving a written statement from the manufacturer that the
equipment complies with the appropriate technical standards rely on the
manufacturer or independent testing agency to determine compliance.
However, the test records required by Sec. 2.1075 shall be in the
English language and shall be made available to the Commission upon a
reasonable request in accordance with the provisions of Sec. 2.1076.
(c) In the case of transfer of control of the equipment, as in the
case of sale or merger of the responsible party, the new responsible
party shall bear the responsibility of continued compliance of the
equipment.
(d) Equipment shall be retested to demonstrate continued compliance
with the applicable technical standards if any modifications or changes
that could adversely affect the emanation characteristics of the
equipment are made by the responsible party. The responsible party
bears responsibility for the continued compliance of subsequently
produced equipment.
(e) If any modifications or changes are made by anyone other than
the responsible party for the Declaration of Conformity, the party
making the modifications or changes, if located within the U.S.,
becomes the new responsible party. The new responsible party must
comply with all provisions for the Declaration of Conformity, including
having test data on file demonstrating that the product continues to
comply with all of the applicable technical standards.
16. A new Sec. 2.1074 is added to read as follows:
Sec. 2.1074 Identification.
Devices subject only to a Declaration of Conformity shall be
uniquely identified by the responsible party. This identification shall
not be of a format which could be confused with the FCC Identifier
required on certified, notified, type accepted or type approved
equipment. The responsible party shall maintain adequate identification
records to facilitate positive identification for each device.
17. A new Sec. 2.1075 is added to read as follows:
Sec. 2.1075 Retention of records.
(a) Except as shown in paragraph (b) of this section, for each
product subject to a Declaration of Conformity, the responsible party,
as shown in Sec. 2.909, shall maintain the following records:
(1) A record of the original design drawings and specifications and
all changes that have been made that may affect compliance with the
requirements of Sec. 2.1073.
(2) A record of the procedures used for production inspection and
testing (if tests were performed) to insure the conformance required by
Sec. 2.1073. (Statistical production line emission testing is not
required.)
(3) A record of the measurements made on an appropriate test site
that demonstrates compliance with the applicable regulations. The
record shall contain:
(i) The actual date or dates testing was performed;
(ii) The name of the test laboratory, company, or individual
performing the testing. The Commission may request additional
information regarding the test site, the test equipment or the
qualifications of the company or individual performing the tests;
(iii) A description of how the device was actually tested,
identifying the measurement procedure and test equipment that was used;
(iv) A description of the equipment under test (EUT) and support
equipment connected to, or installed within, the EUT;
(v) The identification of the EUT and support equipment by trade
name and model number and, if appropriate, by FCC Identifier and serial
number;
(vi) The types and lengths of connecting cables used and how they
were arranged or moved during testing;
(vii) At least two photographs showing the test set-up for the
highest line conducted emission and showing the test set-up for the
highest radiated emission. These photographs must be focused originals
which show enough detail to confirm other information contained in the
test report;
(viii) A description of any modifications made to the EUT by the
testing company or individual to achieve compliance with the
regulations;
(ix) All of the data required to show compliance with the
appropriate regulations;
(x) The signature of the individual responsible for testing the
product along with the name and signature of an official of the
responsible party, as designated in Sec. 2.909; and
(xi) A copy of the compliance information, as described in
Sec. 2.1077, required to be provided with the equipment.
(b) If the equipment is assembled using modular components that, by
themselves, are subject to authorization under a Declaration of
Conformity and/or a grant of certification, and the assembled product
is also subject to authorization under a Declaration of Conformity but,
in accordance with the applicable regulations, does not require
additional testing, the assembler shall maintain the following records
in order to show the basis on which compliance with the standards was
determined:
(1) A listing of all of the components used in the assembly;
(2) Copies of the compliance information, as described in
Sec. 2.1077 for all of the modular components used in the assembly;
(3) A listing of the FCC Identifier numbers for all of the
components used in the assembly that are authorized under a grant of
certification;
(4) A listing of equipment modifications, if any, that were made
during assembly; and
(5) A copy of any instructions included with the components that
were required to be followed to ensure the assembly of a compliant
product, along with a statement, signed by the assembler, that these
instructions were followed during assembly. This statement shall also
contain the name and signature of an official of the responsible party,
as designated in Sec. 2.909.
(c) The records listed in paragraphs (a) and (b) of this section
shall be retained for two years after the manufacture or assembly, as
appropriate, of said equipment has been permanently discontinued, or
until the conclusion of an investigation or a proceeding if the
responsible party is officially notified that an investigation or any
other administrative proceeding involving the equipment has been
instituted. Requests for the records described in this section and for
sample units also are covered under the provisions of Sec. 2.946.
18. A new Sec. 2.1076 is added to read as follows:
Sec. 2.1076 FCC inspection and submission of equipment for testing.
(a) Each responsible party, upon receipt of a reasonable request,
shall submit to the Commission the records required by Sec. 2.1075 or
one or more sample units for measurements at the Commission's
laboratory.
(b) Shipping costs to the Commission's Laboratory and return shall
be borne by the responsible party. In the event the responsible party
believes that shipment of the sample to the Commission's Laboratory is
impractical because of the size or weight of the equipment, or the
power
[[Page 31048]]
requirement, or for any other reason, the responsible party may submit
a written explanation why such shipment is impractical and should not
be required.
19. A new Sec. 2.1077 is added to read as follows:
Sec. 2.1077 Compliance information.
(a) If a product must be tested and authorized under a Declaration
of Conformity, a compliance information statement shall be supplied
with the product at the time of marketing or importation, containing
the following information:
(1) Identification of the product, e.g., name and model number;
(2) A statement, similar to that contained in Sec. 15.19(a)(3) of
this chapter, that the product complies with part 15 of this chapters;
and
(3) The identification, by name, address and telephone number, of
the responsible party, as defined in Sec. 2.909. The responsible party
for a Declaration of Conformity must be located within the United
States.
(b) If a product is assembled from modular components that, by
themselves, are authorized under a Declaration of Conformity and/or a
grant of certification, and the assembled product is also subject to
authorization under a Declaration of Conformity but, in accordance with
the applicable regulations, does not require additional testing, the
product shall be supplied, at the time of marketing or importation,
with a compliance information statement containing the following
information:
(1) Identification of the modular components used in the assembly.
A modular component authorized under a Declaration of Conformity shall
be identified as specified in paragraph (a)(1) of this section. A
modular component authorized under a grant of certification shall be
identified by name and model number (if applicable) along with the FCC
Identifier number.
(2) A statement that the product complies with part 15 of this
chapter.
(3) The identification, by name, address and telephone number, of
the responsible party who assembled the product from modular
components, as defined in Sec. 2.909. The responsible party for a
Declaration of Conformity must be located within the United States.
(4) Copies of the compliance information statements for each
modular component used in the system that is authorized under a
Declaration of Conformity.
(c) The compliance information statement shall be included in the
user's manual or as a separate sheet.
PART 15--RADO FREQUENCY DEVICES
1. The authority citation for part 15 continues to read as follows:
Authority: Sec. 4, 302, 303, 304, and 307 of the Communications
Act of 1934, as amended, 47 U.S.C. Sections 154, 302, 303, 304, and
307.
2. Section 15.3 is amended by revising paragraph (r) and adding a
new paragraph (bb) to read as follows:
Sec. 15.3 Definitions.
* * * * *
(r) Peripheral device. An input/output unit of a system that feeds
data into and/or receives data from the central processing unit of a
digital device. Peripherals to a digital device include any device that
is connected external to the digital device, any device internal to the
digital device that connects the digital device to an external device
by wire or cable, and any circuit board designed for interchangeable
mounting, internally or externally, that increases the operating or
processing speed of a digital device, e.g., ``turbo'' cards and
``enhancement'' boards. Examples of peripheral devices include
terminals, printers, external floppy disk drives and other data storage
devices, video monitors, keyboards, interface boards, external memory
expansion cards, and other input/output devices that may or may not
contain digital circuitry. This definition does not include CPU boards,
as defined in paragraph (bb) of this section, even though a CPU board
may connect to an external keyboard or other components.
* * * * *
(bb) CPU board. A circuit board that contains a microprocessor, or
frequency determining circuitry for the microprocessor, the primary
function of which is to execute user-provided programming, but not
including:
(1) A circuit board that contains only a microprocessor intended to
operate under the primary control or instruction of a microprocessor
external to such a circuit board; or
(2) A circuit board that is a dedicated controller for a storage or
input/output device.
3. Section 15.19 is amended by redesignating paragraph (b) as
paragraph (a)(4), by redesignating paragraph (c) as paragraph (a)(5),
by revising paragraphs (a)(4) and (a)(5), and by adding new paragraphs
(b) and (c) to read as follows:
Sec. 15.19 Labelling requirements.
(a) * * *
(4) Where a device is constructed in two or more sections connected
by wires and marketed together, the statement specified under paragraph
(a) of this section is required to be affixed only to the main control
unit.
(5) When the device is so small or for such use that it is not
practicable to place the statement specified under paragraph (a) of
this section on it, the information required by this paragraph shall be
placed in a prominent location in the instruction manual or pamphlet
supplied to the user or, alternatively, shall be placed on the
container in which the device is marketed. However, the FCC identifier
or the unique identifier, as appropriate, must be displayed on the
device.
(b) Products subject to authorization under a Declaration of
Conformity shall be labelled as follows:
(1) The label shall be located in a conspicuous location on the
device and shall contain the unique identification described in Section
2.1074 of this chapter and the following logo:
(i) If the product is authorized based on testing of the product or
system; or
[[Page 31049]]
[GRAPHIC] [TIFF OMITTED] TR19JN96.008
(ii) If the product is authorized based on assembly using
separately authorized components and the resulting product is not
separately tested.
[GRAPHIC] [TIFF OMITTED] TR19JN96.009
(2) When the device is so small or for such use that it is not
practicable to place the statement specified under paragraph (b)(1) of
this section on it, such as for a CPU board or a plug-in circuit board
peripheral device, the text associated with the logo may be placed in a
prominent location in the instruction manual or pamphlet supplied to
the user. However, the unique identification (trade name and model
number) and the logo must be displayed on the device.
(3) The label shall not be a stick-on, paper label. The label on
these products shall be permanently affixed to the product and shall be
readily visible to the purchaser at the time of purchase, as described
in Sec. 2.925(d) of this chapter. ``Permanently affixed'' means that
the label is etched, engraved, stamped, silkscreened, indelibly
printed, or otherwise permanently marked on a permanently attached part
of the equipment or on a nameplate of metal, plastic, or other material
fastened to the equipment by welding, riveting, or a permanent
adhesive. The label must be designed to last the expected lifetime of
the equipment in the environment in which the equipment may be operated
and must not be readily detachable.
(c) [Reserved]
* * * * *
4. A new Sec. 15.32 is added to read as follows:
Sec. 15.32 Test procedures for CPU boards and computer power supplies.
Power supplies and CPU boards used with personal computers and for
which separate authorizations are required to be obtained shall be
tested as follows:
(a) CPU boards shall be tested as follows:
(1) Testing for radiated emissions shall be performed with the CPU
board installed in a typical enclosure but with the enclosure's cover
removed so that the internal circuitry is exposed at the top and on at
least two sides. Additional components, including a power supply,
peripheral devices, and subassemblies, shall be added, as needed, to
result in a complete personal computer system. If the oscillator and
the microprocessor circuits are contained on separate circuit boards,
both boards, typical of the combination that would normally be
employed, must be used in the test. Testing shall be in accordance with
the procedures specified in Sec. 15.31 of this part. Under these test
conditions, the system under test shall not exceed the radiated
emission limits specified in Sec. 15.109 by more than 3 dB;
(2) Unless the test in paragraph (a)(1) of this section
demonstrates compliance with the limits in Sec. 15.109, a second test
shall be performed using the same configuration described in paragraph
(a)(1) but with the cover installed on the enclosure. Testing shall be
in accordance with the procedures specified in Sec. 15.31. Under these
test conditions, the system under test shall not exceed the radiated
emission limits specified in Sec. 15.10; and
(3) The test demonstrating compliance with the AC power line
conducted limits specified in Sec. 15.107 shall be performed in
accordance with the procedures specified in Sec. 15.31 using a
enclosure, peripherals, power supply and subassemblies that are typical
of the type with which the CPU board under test would normally be
employed.
(b) The power supply shall be tested installed in an enclosure that
is typical of the type within which it would normally be installed.
Additional components, including peripheral devices, a CPU board, and
subassemblies, shall be added, as needed, to result in a complete
personal computer system. Testing shall be in accordance with the
procedures specified in Sec. 15.31 and must demonstrate compliance with
all of the standards contained in this part.
5. Section 15.37 is amended by adding a new paragraph (g) to read
as follows:
Sec. 15.37 Transition provisions for compliance with the rules.
* * * * *
(g) For CPU boards and power supplies designed to be used with
personal computers: The manufacture and importation of these products
shall cease on or before June 19, 1997 unless these products have been
authorized
[[Page 31050]]
under a Declaration of Conformity or a grant of certification,
demonstrating compliance with all of the provisions in this part.
Limited provisions, as detailed in Sec. 15.101(d), are provided to
permit the importation and manufacture of these products subsequent to
this date where the CPU boards and/or power supplies are marketed only
to personal computer equipment manufacturers.
6. Section 15.101 is amended by revising the table in paragraph (a)
and revising paragraphs (c), (d), (e), and (f) to read as follows:
Sec. 15.101 Equipment authorization of unintentional radiators.
(a) * * *
------------------------------------------------------------------------
Equipment authorization
Type of device required
------------------------------------------------------------------------
TV broadcast receiver..................... Verification.
FM broadcast receiver..................... Verification.
CB receiver............................... Certification.
Superregenerative receiver................ Certification.
Scanning receiver......................... Certification.
All other receivers subject to Part 15.... Notification.
TV interface device....................... Certification.
Cable system terminal device.............. Notification.
Stand-alone cable input selector switch... Verification.
Class B personal computers and peripherals Declaration of Conformity or
Certification.
CPU boards and power supplies used with Declaration of Conformity or
Class B personal computers. Certification.
Class B personal computers assembled using Declaration of Conformity.
authorized CPU boards or power supplies.
Class B external switching power supplies Verification.
not used with personal computers.
Other Class B digital devices & Verification.
peripherals.
Class A digital devices, peripherals & Verification.
external switching power supplies.
All other devices......................... Verification.
------------------------------------------------------------------------
* * * * *
(c) Personal computers shall be authorized in accordance with one
of the following methods:
(1) The specific combination of CPU board, power supply and
enclosure is tested together and authorized under a Declaration of
Conformity or a grant of certification;
(2) The personal computer is authorized under a Declaration of
Conformity or a grant of certification, and the CPU board or power
supply in that computer is replaced with a CPU board or power supply
that has been separately authorized under a Declaration of Conformity
or a grant of certification; or
(3) The CPU board and power supply used in the assembly of a
personal computer have been separately authorized under a Declaration
of Conformity or a grant of certification; and
(4) Personal computers assembled using either of the methods
specified in paragraphs (c)(2) or (c)(3) of this section must, by
themselves, also be authorized under a Declaration of Conformity if
they are marketed. However, additional testing is not required for this
Declaration of Conformity, provided the procedures in Sec. 15.102(b)
are followed.
(d) Peripheral devices, as defined in Sec. 15.3(r), shall be
authorized under a Declaration of Conformity, or a grant of
certification, or verified, as appropriate, prior to marketing.
Regardless of the provisions of paragraphs (a) or (c) of this section,
if a CPU board, power supply, or peripheral device will always be
marketed with a specific personal computer, it is not necessary to
obtain a separate authorization for that product provided the specific
combination of personal computer, peripheral device, CPU board and
power supply has been authorized under a Declaration of Conformity or a
grant of certification as a personal computer.
(1) No authorization is required for a peripheral device or a
subassembly that is sold to an equipment manufacturer for further
fabrication; that manufacturer is responsible for obtaining the
necessary authorization prior to further marketing to a vendor or to a
user.
(2) Power supplies and CPU boards that have not been separately
authorized and are designed for use with personal computers may be
imported and marketed only to a personal computer equipment
manufacturer that has indicated, in writing, to the seller or importer
that they will obtain a Declaration of Conformity or a grant of
certification for the personal computer employing these components.
(e) Subassemblies to digital devices are not subject to the
technical standards in this part unless they are marketed as part of a
system in which case the resulting system must comply with the
applicable regulations. Subassemblies include:
(1) Devices that are enclosed solely within the enclosure housing
the digital device, except for: power supplies used in personal
computers; devices included under the definition of a peripheral device
in Sec. 15.3(r); and personal computer CPU boards, as defined in
Sec. 15.3(bb);
(2) CPU boards, as defined in Sec. 15.3(bb), other than those used
in personal computers, that are marketed without an enclosure or power
supply; and
(3) Switching power supplies that are separately marketed and are
solely for use internal to a device other than a personal computer.
(f) The procedures for obtaining a grant of certification or
notification and for verification and a Declaration of Conformity are
contained in subpart J of part 2 of this chapter.
7. A new Sec. 15.102 is added to read as follows:
Sec. 15.102 CPU boards and power supplies used in personal computers.
(a) Authorized CPU boards and power supplies that are sold as
separate components shall be supplied with complete installation
instructions. These instructions shall specify all of the installation
procedures that must be followed to ensure compliance with the
standards, including, if necessary, the type of enclosure, e.g., a
metal enclosure, proper grounding techniques, the use of shielded
cables, the addition of any needed components, and any necessary
modifications to additional components.
(1) Any additional parts needed to ensure compliance with the
standards, except for the enclosure, are considered to be special
accessories and, in accordance with Sec. 15.27, must be marketed with
the CPU board or power supply.
(2) Any modifications that must be made to a personal computer,
peripheral device, CPU board or power supply during installation of a
CPU board or power supply must be simple enough that they can be
performed by the average consumer. Parts requiring soldering,
disassembly of circuitry or other similar modifications are not
permitted.
(b) Assemblers of personal computer systems employing modular CPU
boards and/or power supplies are not required to test the resulting
system provided the following conditions are met:
(1) Each device used in the system has been authorized as required
under this part (according to Sec. 15.101(e), some subassemblies used
in a personal computer system may not require an authorization);
[[Page 31051]]
(2) The original label and identification on each piece of
equipment remain unchanged;
(3) Each responsible party's instructions to ensure compliance
(including, if necessary, the use of shielded cables or other
accessories or modifications) are followed when the system is
assembled;
(4) If the system is marketed, the resulting equipment combination
is authorized under a Declaration of Conformity pursuant to
Sec. 15.101(c)(4) and a compliance information statement, as described
in Sec. 2.1077(b), is supplied with the system. Marketed systems shall
also comply with the labelling requirements in Sec. 15.19 and must be
supplied with the information required under Secs. 15.21, 15.27 and
15.105; and
(5) The assembler of a personal computer system may be required to
test the system and/or make necessary modifications if a system is
found to cause harmful interference or to be noncompliant with the
appropriate standards in the configuration in which it is marketed (see
Secs. 2.909, 15.1, 15.27(d) and 15.101(e)).
[FR Doc. 96-14319 Filed 6-18-96; 8:45 am]
BILLING CODE 6712-01-P
Complete official Federal Register PDF
FR Doc. 96-14083 Airworthiness Standards: Aircraft Engines New One-Engine- Inoperative (OEI) Ratings, Definitions and Type Certification Standards
[Federal Register Volume 61, Number 119 (Wednesday, June 19, 1996)]
[Rules and Regulations]
[Pages 31324-31329]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-14083]
[[Page 31323]]
_______________________________________________________________________
Part IV
Department of Transportation
_______________________________________________________________________
Federal Aviation Administration
_______________________________________________________________________
14 CFR Parts 1 and 33
Airworthiness Standards: Aircraft Engines New One-Engine-Inoperative
(EOI) Ratings, Definitions and Type Certification Standards; Final Rule
Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 /
Rules and Regulations
[[Page 31324]]
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Parts 1 and 33
[Docket No. 26019; Amendment Nos. 1-46, 33-18]
RIN 2120-AD21
Airworthiness Standards: Aircraft Engines New One-Engine-
Inoperative (OEI) Ratings, Definitions and Type Certification Standards
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This amendment establishes definitions for new one-engine
inoperative (OEI) ratings, and type certification standards for those
ratings. This amendment is the result of a petition for rulemaking from
Aerospace Industries Association of America, Inc. (AIA), and a
recognition by both the FAA, along with other civil airworthiness
authorities, and the aviation industry for a need for additional OEI
power rating standards. The maximum engine power rating for rotorcraft
available under current certification standards contained in the
Federal Aviation Regulations (FAR's) is the 2\1/2\-minute OEI rating.
This amendment establishes definitions and type certification standards
for the 30-second OEI and 2-minute OEI rating at higher power levels
than currently available. These new ratings will enhance rotorcraft
safety after an engine failure or precautionary shutdown by providing
the availability for higher OEI power. The benefits from this amendment
are enhanced safety through improved rotorcraft takeoff and landing
performances, and shorter field operations or higher payload with the
same degree of safety.
EFFECTIVE DATE: August 19, 1996.
FOR FURTHER INFORMATION CONTACT:
Chung C. Hsieh, Aerospace Engineer, Engine and Propeller Standards
Staff, ANE-110, Engine and Propeller Directorate, Aircraft
Certification Service, FAA, 12 New England Executive Park, Burlington,
MA 01803-5229, telephone (617) 238-7115; fax (617) 238-7199.
SUPPLEMENTARY INFORMATION:
Background
The FAA issued a Notice of Proposed Rulemaking (NPRM) No. 89-27
that was published in the Federal Register on September 22, 1989 (54 FR
39080), and also issued Supplemental Notice of Proposed Rulemaking
(SNPRM) No. 89-27A that was published in the Federal Register on
February 7, 1995 (60 FR 7380). These notices proposed to define new
one-engine inoperative (OEI) ratings for rotorcraft engines and
establish type certification standards for these new OEI ratings. The
new OEI ratings will be applicable to turbine engines installed on
multiengine powered rotorcraft.
The payload for multiengine rotorcraft is limited by the power
available from the remaining operating engine(s) in the event one
engine fails during takeoff or landing. Currently, the maximum engine
power rating available for rotorcraft under part 33 is the 2\1/2\ OEI
rating. This amendment establishes 30-second OEI and 2-minute OEI
ratings at higher power level than currently available. The new rating
will allow rotorcraft to carry higher payloads from existing fields or
to takeoff from smaller fields with current payloads, without
decreasing the level of safety for these operations. Engine type
certification using these new ratings, however, as with other OEI
ratings, remains optional.
The Aerospace Industries Association of America, Inc., (AIA)
submitted a petition for rulemaking to the FAA on September 20, 1984,
requesting an amendment of the FAR's to permit type certification of
engines and rotorcraft with new OEI ratings. The FAA acknowledged
receipt of the AIA petition, by letter on November 26, 1984, and issued
a notice of that petition that was published in the Federal Register on
December 10, 1984 (49 FR 48759). The FAA subsequently held the petition
in abeyance pending AIA's submission of a revised petition for
rulemaking on April 1, 1987.
The AIA then sponsored a meeting with the Association European des
Constructeurs de Materiel d'Aerospatial (AECMA), the European
Helicopter Association (EHA), and the European Joint Airworthiness
Authorities (JAA) on April 9, 1987, and invited the FAA to attend. The
purpose of this meeting was to familiarize the European community with
the AIA petition. Thereafter, the FAA and the JAA convened their annual
harmonization meeting on May 19-21, 1987, to discuss, in part, the
status of programs of mutual interest. One result of the FAA/JAA
meeting was a recommendation that the FAA and the JAA should strive to
promulgate more harmonious rules and guidance material. Accordingly,
the FAA coordinated their reviews of the AIA petition directly with the
JAA. A meeting was held in late August 1987 between representatives of
the FAA and the JAA to discuss the JAA's concerns with the AIA
petition. The JAA provided many comments, most of which contained
significant deviations from specifies of the petition being considered.
On November 19, 1987, AIA, AECMA, and EHA jointly sponsored a
meeting at AIA Headquarters in Washington, DC, and invited the FAA and
the JAA to attend. The purpose of this meeting was for industry, AIA,
AECMA, and EHA, to jointly address and respond to the comments and
concerns previously expressed by the JAA. In follow-up to this meeting,
on June 8, 1988, the AIA submitted additional revisions to their
petition for rulemaking.
The FAA then issued a final rule from a previous proposal amending
parts 1 and 33 of the FAR's. Amendments 1-34 and 33-12 were issued and
published in the Federal Register on September 2, 1988 (53 FR 34196,
effective October 3, 1988), which redefined OEI ratings in part 1 and
added the Continuous OEI rating in both part 1 and part 33.
After reviewing the revised AIA petition, and coordinating with the
JAA, the FAA issued NPRM No. 89-27 (54 FR 39080), to address the part
33 engine certification aspects of 39-second and 2-minute OEI ratings,
and NPRM No. 89-26 (54 FR 39086), to address the part 27 and part 29
rotorcraft certification aspects of the OEI ratings. Both NPRM's were
published in the Federal Register on September 22, 1989. During the
comment period, the FAA held a joint public meeting to discuss the
proposals of both NPRM's in Fort Worth, Texas, on November 16, 1989
(see Notice of public meeting published on October 13, 1989, 54 FR
41986). The Final rules to part 27 and part 29 were published in the
Federal Register on September 16, 1994 (59 FR 47764).
Based on the comments received, the FAA determined that the
proposals contained in NPRM 89-27 warranted further consideration.
Substantive changes were made to the proposed rule, and SNPRM 89-27A
was published in the Federal Register on February 7, 1995 (60 FR 7380).
The SNPRM gave all interested parties an opportunity to comment on the
modified proposed rule.
All interested persons have been given an opportunity to
participate in this rulemaking, and due consideration has been given to
all matters presented. Some minor editorial changes have been made to
clarify the proposals as indicated herein. The changes are based on
comments received and further FAA review of the proposals. The FAA has
determined that certain technical issues associated with proposed
revisions to Sec. 33.27 have not been resolved. These
[[Page 31325]]
technical issues will be discussed in an Aviation Rulemaking Advisory
Committee (ARAC) working group (see Notice of establishment of
Propulsion Harmonization Working Group at 57 FR 58840, December 11,
1992). Except for the proposed revisions to Sec. 33.27 and other
changes as indicated herein, the proposals contained in SNPRM 89-27A
have been adopted without change.
Discussion of Comments
The commenters represent domestic and foreign engine manufacturers,
and foreign civil airworthiness authorities. Four commenters provided
the FAA with comments to NPRM 89-27, addressing numerous issues. The
FAA also received comments to SNPRM 89-27A from three commenters. This
discussion addresses all the comments made to SNPRM 89-27A, plus those
comments made to NPRM 89-27 that were not already addressed in the
discussion section of SNPRM 89-27A. Some comments presented orally at
the November 16, 1989, public meeting have not been addressed here,
since they have been withdrawn; other oral comments were submitted in
writing to the rules docket. The transcript of the public meeting is in
the Rules Docket. The comments are grouped according to the applicable
sections of the proposed amendment, with general comments discussed
first.
General Comments
One commenter recommends that the FAA should publish the proposals
as worded in the SNPRM as a final rule for all applicable 14 CFR part 1
and 33 sections, with the exception of the proposed revisions to
Sec. 33.27.
One commenter states that the new structure of helicopter engine
ratings as proposed creates a new certification scheme for helicopters
and, accordingly, all the pertinent regulatory and advisory matter must
be considered at the same time. The commenter points out that guidance
material for the proposed ratings, including the maintenance inspection
requirements under Sec. 33.90 and on the issue of power assurance, is
not available. Therefore, the commenter states that an acceptable level
of safety cannot be achieved until all advisory and regulatory material
can be reviewed at the same time.
The FAA disagrees. Even though specific advisory material that
addresses the new OEI ratings is not yet available, the FAA will not
delay issuing this Final rule. The existing guidance material on the
issue of power assurance, which is a certification requirement of the
helicopter under Secs. 27.45(f) and 29.45(f), may be of assistance to
applicants for type certification. A joint effort between the FAA's
Engine & Propeller Directorate and the Rotorcraft Directorate, and both
the engine and the helicopter industry, has resulted in a report
published by the Society of Automotive Engineers (SAE), Aerospace
Information Report AIR4083, ``Helicopter Power Assurance,'' dated July
13, 1989. Also, guidance material addressing the existing Sec. 33.90 is
provided in FAA Advisory Circular (AC) AC 33-2B, ``Aircraft Engine Type
Certification Handbook''. This AC will be revised to include guidance
material on power assurance and mandatory maintenance requirements for
the new OEI ratings following the adoption of this Final rule. The FAA
plans to issue advisory material for these new OEI ratings as soon as
practical.
The commenter also states that this rulemaking is based on an
assumption that the new OEI ratings will be used only during the
takeoff and landing phases of flight. The commenter speculates that it
would be possible that these new ratings be utilized under the
``External Load Operations'' provisions of Sec. 133.45(e)(1). The
commenter suggests that the Regulatory Evaluation section needs to
address whether this assumption will be invalidated if the enhanced OEI
performance is taken into account for other than takeoff and landing
purposes.
The FAA disagrees. While the proposed new OEI ratings are intended
to be used only after the failure of one engine on a multiengine
rotorcraft during takeoff, climb, or landing, it is entirely possible
that these new ratings might be utilized to meet the provisions of
current Sec. 133.45(e)(1), if the rotorcraft and the operator fulfill
those criteria. Therefore, the Regulatory Evaluation does not depend on
how the higher power levels associated with the new OEI ratings may be
used in showing compliance with an existing regulation. In addition the
commenter does not suggest any changes to the regulatory language of
the proposed amendment to part 1 or part 33 to address that concern.
These new ratings are intended to supplement the existing OEI rating
structure for the type certification of engines and rotorcraft.
Existing rotorcraft operating rules with respect to OEI conditions
should not be impacted by the addition of the 30-second and the 2-
minute OEI ratings.
Section 1.1 Definitions
One commenter recommends that the existing Sec. 1.1 definition of
rated 30-minute OEI power should be amended to clarify that the period
of use must not exceed a total of 30 minutes during any flight. The
commenter further states that many authorities are aware of instances
of misinterpretations, not precluded by Flight Manuals, whereby more
than 30 minutes of 30-minute OEI power could have been accumulated
during one flight. This commenter also recommends that the common
aspects of all existing and proposed definitions of rated power/thrust
be expressed in identical language to eliminate differences as much as
possible.
The FAA disagrees. The existing Sec. 1.1 definition of rated 30-
minute OEI power states that the engine power at this rating is limited
in use to a period of not more than 30 minutes after the failure of one
engine of a multiengine rotorcraft. The language used to define the new
30-second OEI and 2-minute OEI ratings is consistent with this and
other OEI definitions. The recommendations on the existing definitions
of rated power and thrust are beyond the scope of this rulemaking. Such
a change may be considered, however, as part of the Engine & Propeller
Directorate's ongoing study on engine ratings.
Section 33.14 Start-Stop Cyclic Stress
One commenter states that the proposal should also include a change
to existing Sec. 33.14 that would exclude OEI ratings from the meaning
of the term ``maximum rated power'' as it appears in Sec. 33.14. The
commenter bases the need for this change on an interpretation of the
existing Sec. 33.14 using the preambles to two previous amendments to
the FAR's, both pre-dating the most recent changes to parts 1 and 33
relating to OEI ratings. The commenter concludes that the suggested
changes would make Sec. 33.14 more rational and provide clarity to
promote consistent application. The commenter also states that
Sec. 33.14 should address rotational speed operating limits and rotor
temperatures in addition to rated powers/thrusts.
The FAA disagrees. No changes to Sec. 33.14 were proposed in either
NPRM No. 89-27 or SNPRM 89-27A. The FAA finds that the existing
Sec. 33.14 is adequate to address the new 30-second OEI and 2-minute
OEI ratings.
Section 33.27 Turbine, Compressor, Fan and Turbosupercharger Rotors
Several commenters state that proposed revisions to Sec. 33.27,
rotor integrity, are not consistent with the status of the discussions
on rotor integrity requirements currently ongoing in an ARAC working
group.
The FAA agrees that proposed Sec. 33.27 is not harmonized with JAR-
E. The proposed revision to Sec. 33.27 has been
[[Page 31326]]
removed from the Final rule as the proposal has not been completely
harmonized by the FAA (part 33) and the JAA (JAR-E). However, the FAA
will consider additional amendments to Sec. 33.27, and ARAC
harmonization is anticipated. In the interim the FAA will address each
application for type certification that requests 30-second OEI and 2-
minute OEI ratings on a case by case basis.
Section 33.29 Instrument Connection
One commenter states that Sec. 29.1305(a)(24) requires an
indication to the pilot when the use of OEI rating begins and when the
allowed time of this rating has expired, and the proposed 33.29(c)(1)
should have consistent requirements.
The FAA agrees. New Sec. 33.29(c)(1) is changed accordingly. In
addition, new Sec. 33.29(c)(3) is changed to clarify the FAA's intent
to require that each usage of a power level at one of the new OEI
ratings is limited in duration. Therefore, for example, as the
definition of the rating provides, 30-second OEI power is limited to
three periods of use in any one flight following an engine failure, and
each period of use is limited to no more than 30 seconds. Unused time
from one period of use may not be accumulated for use during a
subsequent period. Accordingly, new Sec. 33.29(c)(3) is changed to
provide for a means to record each use and the duration of each use of
power at each rating.
Section 33.85 Calibration Tests
One commenter states that the reference in proposed Sec. 33.85(d)
to Secs. 33.87(f) (1) through (8) should read Sec. 33.87, because
paragraphs (1) through (8) of proposed Sec. 33.87(f) relate only to the
new 30-second OEI and 2-minute OEI ratings where proposed Sec. 33.85(d)
is also applicable to the 2\1/2\-minute OEI rating.
The FAA disagrees. New Sec. 33.85(d) is intended for 30-second OEI
and 2-minute OEI ratings only, and reference to the 2\1/2\-minute OEI
rating was accidentally included in the SNPRM. Therefore, the reference
to the 2\1/2\- minute OEI rating is removed from new Sec. 33.85(d).
Section 33.87 Endurance Test
One commenter questions whether, during the additional endurance
testing introduced by proposed Sec. 33.87 (f)(1) through (f)(8), at
least 100 percent of 30-second OEI and 2-minute OEI rated powers must
be produced during all such operations. The commenter states that it
appears to be the intent because Sec. 33.87(a)(3) remains applicable to
the proposed Sec. 33.87(f), yet the commenter states that 100 percent
power may only be required for the first sequence of proposed
Sec. 33.87(f), and not for all the sequences.
The FAA disagrees. The 100 percent rule of Sec. 33.87(a)(3) applies
to new Sec. 33.87(f) for all sequences; no exceptions are intended or
implied.
One commenter suggests the following for proposed Sec. 33.87 (f)(1)
through (f)(8):
1. The test sequence described by Sec. 33.87 (f)(1) through (f)(8)
would be required to be repeated eight times for a total time of not
less than 180 minutes and would be required to be conducted in a
prescribed sequence and without stopping during the 180 minutes total
test period.
2. The sequence during which the length of the particular test
condition defined by Sec. 33.87(f)(4) is increased to sixty-five
minutes would need to be re-defined as: ``except that during the fourth
or fifth test sequence this period shall be sixty-five minutes.''
The FAA disagrees. The two hour supplementary test is to simulate a
flight scenario using 30-second and 2-minute OEI ratings. After the
initial 30-second and 2-minute applications to complete the takeoff or
effect a rejected takeoff and the climb out to a safe altitude and
airspeed, the engine is run at the 30-minute or continuous OEI rating
power to maintain a safe altitude enroute and to complete a landing of
the aircraft. The two hour cyclic test defined in this section
demonstrates the ability of the engine to complete a safe flight with
up to three applications of the 30-second and 2-minute OEI ratings
during one flight. The proposed changes from the commenter are not
supported by reasonable technical justification.
Section 33.88 Engine Overtemperature Test
One commenter suggests that the words ``steady state'' be inserted
before the words ``power-on r.p.m.'' in proposed Sec. 33.88(c). The
commenter states that the words are necessary since the test is
conducted at maximum steady state rpm limit rather than maximum
transient rpm limit. In addition, the proposed change to ``steady
state'' rpm limit and to the post test acceptance criteria is also
applicable to engines not having automatic temperature limiting which
are tested at 75 deg.F above the maximum temperature limit.
The FAA disagrees. The overtemperature condition associated with
usage of the 30-second OEI rating is normally expected from over-
fueling and consequently is accompanied by an excess rpm, not a steady
state level associated with a non-overtemperature or a non-overboost
condition.
One commenter states that use of the words ``provides an exception
from the existing requirements'' in the preamble for Proposal No. 10 of
NPRM 89-27, published September 22, 1989, concerning proposed
Sec. 33.88, could be misconstrued, and that it would have been better
to state `` * * * provides for an alleviation from the rotational speed
and the gas temperature prescribed by the existing requirements* * *.''
The FAA disagrees. The commenter does not suggest any changes to
proposed Sec. 33.88 and the editorial comment addresses the wording
preference in the preamble only.
One commenter states that the last sentence of proposed
Sec. 33.88(c) should read as follows: ``Following this run, the turbine
assembly may exceed serviceable limits, provided there is no evidence
of imminent failure. The applicant may be required to show there is no
evidence of imminent failure by analysis or test''. Another commenter
states that current JAR-E has no direct equivalent to the 5 minute
tests of either the existing Sec. 33.88 or proposed Sec. 33.88(a).
Proposed Sec. 33.88 (b) and (c), which make provision for 5 minute or 4
minute over-temperature test for 30-second OEI ratings, will be
considered by the JAA as a possible basis for a revision to JAR-E.
However, this will be in addition to complying with the existing
turbine rotor overtemperature requirement of JAR-E, C4-6, paragraph 22.
The commenter also suggests that proposed Sec. 33.88 (b) and (c) should
include a requirement that the worst case intended flight profile must
be assumed to include at least a further two applications of 30-second
OEI power, each followed by an application of 2 minute OEI power for
consistency of interpretation and compatibility with usage rational for
these particular OEI ratings, as stated in the ``Background'' of NPRM
89-27.
The FAA disagrees. The intent of the post-test requirements is to
assure that after the overtemperature test, the engine is suitable for
continued service use to complete the worst case intended flight
profile associated with the application of the 30-second OEI power
rating. Although the worst case scenario may include at lease two
additional applications of both 30-second OEI power and 2-minute OEI
power, the last sentence of revised Sec. 33.88(b) and revised
Sec. 33.88(c) will permit the FAA, on a case by case assessment, to
apply the best engineering judgment for each given engine type design
tested.
[[Page 31327]]
Two commenters state that the FAA is proposing a certification
standard for rotorcraft engines with a temperature limiter that differs
from the standard for all other type engines. The commenters conclude
that if a temperature limiter principle is acceptable for rotorcraft
engines, it should also be acceptable for other gas turbine engines and
for other engine ratings. Therefore, the proposal should be changed to
apply generally and not just to 30-second and 2-minute OEI ratings.
The FAA disagrees. The FAA considers that this comment is beyond
the scope of this rulemaking, which addresses only certification
standards for rotorcraft engines. The FAA may consider further
rulemaking to revise Sec. 33.88 for other gas turbine engine
certifications.
One commenter states that the overtemperature subject has been
incorporated into the harmonization effort and requests that the FAA
clearly indicate the intent to harmonize certification standards
related to overtemperature.
The FAA agrees. The FAA will continue to support the ongoing
harmonization effort toward the overtemperature test rule with the JAA
through the ARAC. However, the proposed overtemperature test
requirements in the SNPRM for 30-second and 2-minute OEI ratings are
published as an addition to the existing rule based on the comments
received. It is anticipated that the ARAC will recommend the adoption
of the overtemperature test for these new ratings in their draft
proposals.
Section 33.90 Initial Maintenance Inspection
One commenter suggests that the interpretation of the current
Sec. 33.90 needs to clearly define the requirements in that section for
engines that incorporate the new OEI rated power levels, and that an
advisory circular must be published together with this Final rule.
The FAA disagrees. The FAA should not delay publication of this
Final rule pending the development of new advisory material. The FAA
plans to issue to the advisory material as soon as practical.
Section 33.93 Teardown Inspection
One commenter states that in proposed Sec. 33.93, there is an
``and'' which they believe should be an ``or'' in the first sentence of
proposed Sec. 33.93(c), so that the fifth and sixth lines would read:
``the endurance testing of Sec. 33.87 (b) or (c) or (d) or (e) or this
part and followed * * *''. This change is needed because proposed
33.87(a) states: ``for engines tested under paragraphs (b), (c), (d) or
(e) of this section * * *'' and the new Sec. 33.87(f) reads: ``and
following completion of the tests under paragraphs (b), (c), (d) or (e)
of this section * * *''.
The FAA agrees. The changes to revised Sec. 33.93 are made.
Regulatory Evaluation Summary
Changes to the federal regulations must undergo several economic
analyses. First, Executive Order 12866 directs Federal agencies to
promulgate new regulations or modify existing regulations only if the
potential benefits to society outweigh the potential costs. Second, the
Regulatory Flexibility Act of 1980 requires agencies to analyze the
economic impact of regulatory changes on small entities. Finally, the
Office of Management and Budget directs agencies to assess the effects
of regulatory changes on international trade. In conducting these
assessments, the FAA has determined that this rule: (1) Will generate
benefits exceeding its costs and is not ``significant'' as defined in
Executive Order 12866; (2) is not ``significant'' as defined in DOT's
Policies and Procedures; (3) will not have a significant impact on a
substantial number of small entities; and (4) will not restrain
international trade. These analyses are available in the docket.
The new OEI power ratings will afford rotorcraft manufacturers the
opportunity to install higher rated engines in their products. The
principal operational benefits will be the ability to carry higher
payloads from existing fields or to takeoff from smaller fields with
current payloads, which should enable more Category B operators to use
their rotorcraft for Category A operations, and also increase the
potential for all operators to use more efficient and profitable
routes.
The testing costs associated with obtaining these ratings should be
viewed as the price of an additional capability and would be evaluated
by the manufacturer based on market potential. It is not possible to
quantify the extent of the net operational benefits that will be
realized by the operators because the number of products that will be
certificated to this standard cannot be predicted. The FAA is able to
conclude, however, that the rule will not have a negative economic
impact on manufacturers or operators. Because these are optional
ratings, manufacturers will provide this capability only if the
additional costs can be recovered in the marketplace.
Safety after an engine failure under the provisions of this rule
will be as test equivalent to operational safety under the previous
regulations. This assessment is based on the requirement for an engine
inspection following one mission cycle of either the 30-second or 2-
minute OEI power levels. All engine parts that may not be suitable for
further use must be discarded and replaced in order to maintain the
continued airworthiness of the engine. The existing minimum level of
engine airworthiness will be maintained under this rule by virtue of
new and existing design, analysis, and test certification requirements.
In summary, the FAA finds that the benefits of this rule will exceed
the costs.
International Trade Impact Analysis
These rule changes will have little or no impact on trade for both
U.S. firms doing business in foreign countries and foreign firms doing
business in the United States. In the U.S. market, foreign
manufacturers will have the option of designing engines and helicopters
capable of satisfying the new OEI ratings and therefore will not be at
a competitive disadvantage with U.S. manufacturers. Because of the
large U.S. market, foreign manufacturers are likely to certify their
rotorcraft to U.S. rules, which will limit any competitive advantage
U.S. manufacturers might gain in foreign markets.
Regulatory Flexibility Determination
The Regulatory Flexibility Act of 1980 (RFA) was enacted by
Congress to ensure that small entities are not unnecessarily or
disproportionately burdened by Government regulations. The RFA requires
a Regulatory Flexibility Analysis if a rule would have a significant
economic impact, either detrimental or beneficial, on a substantial
number of small entities. FAA order 2100.14A, Regulatory Flexibility
Criteria and Guidance, establishes threshold cost values and small
entity size standards for complying with RFA review requirements in FAA
rulemaking actions. A review of domestic engine manufacturers indicates
that none meets the minimum size threshold. As such, the FAA has
determined that this rule will not have significant economic impact on
a substantial number of small entities.
Federalism Implications
The regulations adopted herein will 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
[[Page 31328]]
responsibilities among the various levels of government. Therefore, in
accordance with Executive Order 12612, it is determined that this
regulation does not have sufficient federalism implications to warrant
the preparation of a Federalism Assessment.
Conclusion
For the reasons discussed in the preamble, and based on the
findings in the Regulatory Flexibility Determination and the
International Trade Impact Analysis, the FAA has determined that this
regulation is not a significant regulatory action under Executive Order
12866. In addition, the FAA certifies that these amendments do not have
a significant economic impact, positive or negative, on a substantial
number of small entities under the criteria of the Regulatory
Flexibility Act. These amendments are considered nonsignificant under
DOT Regulatory Policies and Procedures (44 FR 11034, February 26,
1979). A regulatory evaluation of the amendments, including a
Regulatory Flexibility Determination and Trade Impact Analysis, has
been placed in the docket. A copy may be obtained by contacting the
person identified under FOR FURTHER INFORMATION CONTACT.
List of Subjects
14 CFR Part 1
Airmen, Flights, Balloons, Parachutes, Aircraft Pilots, Pilots
Transportation, Agreements, Kites, Air Safety, Safety, Aviation Safety,
Air Transportation, Air Carriers, Aircraft, Airports, Airplanes,
Helicopters, Rotorcraft, Heliports, Engines, Ratings.
14 CFR Part 33
Engines, Rotorcraft, Air Transportation, Aircraft, Aviation safety,
Safety.
Adoption of the Amendments
Accordingly, The Federal Aviation Administration (FAA) amends 14
CFR part 1 and part 33 as follows:
PART 1--DEFINITIONS AND ABBREVIATIONS
1. The authority citation for part 1 continues to read as follows:
Authority: 49 U.S.C 106(g), 40113, 44701.
2. Section 1.1 is amended by adding the definitions in alphabetical
order of ``Rated 30-Second OEI Power'' and ``Rated 2-Minute OEI Power''
to read as follows:
Sec. 1.1 General Definitions.
* * * * *
Rated 30-second OEI power, with respect to rotorcraft turbine
engines, means the approved brake horsepower developed under static
conditions at specified altitudes and temperatures within the operating
limitations established for the engine under part 33 of this chapter,
for continued one-flight operation after the failure of one engine in
multiengine rotorcraft, limited to three periods of use no longer than
30 seconds each in any one flight, and followed by mandatory inspection
and prescribed maintenance action.
Rated 2-minute OEI power, with respect to rotorcraft turbine
engines, means the approved brake horsepower developed under static
conditions at specified altitudes and temperatures within the operating
limitations established for the engine under part 33 of this chapter,
for continued one-flight operation after the failure of one engine in
multiengine rotorcraft, limited to three periods of use no longer than
2 minutes each in any one flight, and followed by mandatory inspection
and prescribed maintenance action.
* * * * *
PART 33--AIRWORTHINESS STANDARDS: AIRCRAFT ENGINES
3. The authority citation for part 33 continues to read as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701, 44702, 44704.
4. Section 33.7 is amended by redesignating paragraph (c)(1)(viii)
as (c)(1)(x); by revising newly redesignated (c)(1)(x); and by adding
new paragraphs (c)(1)(viii) and (c)(1)(ix) to read as follows:
Sec. 33.7 Engine ratings and operating limitations.
* * * * *
(c) * * *
(1) * * *
(viii) Rated 2-minute OEI power;
(ix) Rated 30-second OEI power; and
(x) Auxiliary power unit (APU) mode of operation.
* * * * *
5. Section 33.29 is amended by adding new paragraph (c) as follows:
Sec. 33.29 Instrument connection.
* * * * *
(c) Each rotorcraft turbine engine having a 30-second OEI rating
and a 2-minute OEI rating must have a provision for a means to:
(1) Alert the pilot when the engine is at the 30-second OEI and the
2-minute OEI power levels, when the event begins, and when the time
interval expires;
(2) Determine, in a positive manner, that the engine has been
operated at each rating; and
(3) Automatically record each usage and duration of power at each
rating.
6. Section 33.67 is amended by adding new paragraph (d) as follows:
Sec. 33.67 Fuel system.
* * * * *
(d) Engines having a 30-second OEI rating must incorporate means
for automatic availability and automatic control of a 30-second OEI
power.
7. Section 33.85 is amended by adding new paragraphs (c) and (d) as
follows:
Sec. 33.85 Calibration tests.
* * * * *
(c) In showing compliance with this section, each condition must
stabilize before measurements are taken, except as permitted by
paragraph (d) of this section.
(d) In the case of engines having 30-second OEI, and 2-minute OEI
ratings, measurements taken during the applicable endurance test
prescribed in Sec. 33.87(f) (1) through (8) may be used in showing
compliance with the requirements of this section for these OEI ratings.
8. Section 33.87 is amended by revising the introductory text of
paragraph (a) and paragraph (a)(8); by redesignating paragraph (f) as
paragraph (g); by revising the reference ``(e)(2) (ii) through (iv)''
to read ``(g)(2) (ii) through (iv)'' in newly designated paragraph
(g)(2)(i), by revising the reference ``(e)(2)(i)'' to read
``(g)(2)(i)'' in newly designated paragraph ``(g)(2)(ii)''; by revising
the reference ``(e)(2)(i)'' to read ``(g)(2)(i)'' in newly designated
paragraph ``(g)(2)(iii)''; by revising the reference ``(e)(2) (i) and
(ii)'' to read ``(g)(2) (i) and (ii)'' in newly designated paragraph
(g)(2)(iv); and by adding a new paragraph (f) to read as follows:
Sec. 33.87 Endurance test.
(a) General. Each engine must be subjected to an endurance test
that includes a total of at least 150 hours of operation and, depending
upon the type and contemplated use of the engine, consists of one of
the series of runs specified in paragraphs (b) through (g) of this
section, as applicable. For engines tested under paragraphs (b), (c),
(d), (e) or (g) of this section, the prescribed 6-hour test sequence
must be conducted 25 times to complete the required 150 hours of
operation. Engines for which the 30-second OEI and 2-minute OEI ratings
are desired must be further tested under paragraph
[[Page 31329]]
(f) of this section. The following test requirements apply:
* * * * *
(8) If the number of occurrences of either transient rotor shaft
overspeed or transient gas overtemperature is limited, that number of
the accelerations required by paragraphs (b) through (g) of this
section must be made at the limiting overspeed or overtemperature. If
the number of occurrences is not limited, half the required
accelerations must be made at the limiting overspeed or
overtemperature.
* * * * *
(f) Rotorcraft engines for which 30-second OEI and 2-minute OEI
ratings are desired. For each rotorcraft engine for which 30-second OEI
and 2-minute OEI power ratings are desired, and following completion of
the tests under paragraphs (b), (c), (d), or (e) of this section, the
applicant may disassemble the tested engine to the extent necessary to
show compliance with the requirements of Sec. 33.93(a). The tested
engine must then be reassembled using the same parts used during the
test runs of paragraphs (b), (c), (d), or (e) of this section, except
those parts described as consumables in the Instructions for Continued
Airworthiness. The applicant must then conduct the following test
sequence four times, for a total time of not less than 120 minutes:
(1) Takeoff power. Three minutes at rated takeoff power.
(2)30-second OEI power. Thirty seconds at rated 30-second OEI
power.
(3) 2-minute OEI power. Two minutes at rated 2-minute OEI power.
(4) 30-minute OEI power, continuous OEI power, or maximum
continuous power. Five minutes at rated 30-minute OEI power, rated
continuous OEI power, or rated maximum continuous power, whichever is
greatest, except that, during the first test sequence, this period
shall be 65 minutes.
(5) 50 percent takeoff power. One minute at 50 percent takeoff
power.
(6) 30-second OEI power. Thirty seconds at rated 30-second OEI
power.
(7) 2-minute OEI power. Two minutes at rated 2-minute OEI power.
(8) Idle. One minute at idle.
* * * * *
9. Section 33.88 is revised to read as follows:
Sec. 33.88 Engine overtemperature test.
(a) Each engine must run for 5 minutes at maximum permissible rpm
with the gas temperature at least 75 deg.F (42 deg.C) higher than the
maximum rating's steady-state operating limit, excluding maximum values
of rpm and gas temperature associated with the 30-second OEI and 2-
minute OEI ratings. Following this run, the turbine assembly must be
within serviceable limits.
(b) Each engine for which 30-second OEI and 2-minute OEI ratings
are desired, that does not incorporate a means to limit temperature,
must be run for a period of 5 minutes at the maximum power-on rpm with
the gas temperature at least 75 deg.F (42 deg.C) higher than the 30-
second OEI rating operating limit. Following this run, the turbine
assembly may exhibit distress beyond the limits for an overtemperature
condition provided the engine is shown by analysis or test, as found
necessary by the Administrator, to maintain the integrity of the
turbine assembly.
(c) Each engine for which 30-second OEI and 2-minute OEI ratings
are desired, that incorporates a means to limit temperature, must be
run for a period of 4 minutes at the maximum power-on rpm with the gas
temperature at least 35 deg.F (20 deg.C) higher than the maximum
operating limit. Following this run, the turbine assembly may exhibit
distress beyond the limits for an overtemperature condition provided
the engine is shown by analysis or test, as found necessary by the
Administrator, to maintain the integrity of the turbine assembly.
(d) A separate test vehicle may be used for each test condition.
10. Section 33.93 is revised to read as follows:
Sec. 33.93 Teardown inspection.
(a) After completing the endurance testing of Sec. 33.87 (b), (c),
(d), (e), or (g) of this part, each engine must be completely
disassembled, and
(1) Each component having an adjustment setting and a functioning
characteristic that can be established independent of installation on
the engine must retain each setting and functioning characteristic
within the limits that were established and recorded at the beginning
of the test; and
(2) Each engine part must conform to the type design and be
eligible for incorporation into an engine for continued operation, in
accordance with information submitted in compliance with Sec. 33.4.
(b) After completing the endurance testing of Sec. 33.87(f), each
engine must be completely disassembled, and
(1) Each component having an adjustment setting and a functioning
characteristic that can be established independent of installation on
the engine must retain each setting and functioning characteristic
within the limits that were established and recorded at the beginning
of the test; and
(2) Each engine may exhibit deterioration in excess of that
permitted in paragraph (a)(2) of this section including some engine
parts or components that may be unsuitable for further use. The
applicant must show by analysis and/or test, as found necessary by the
Administrator, that structural integrity of the engine including
mounts, cases, bearing supports, shafts, and rotors, is maintained; or
(c) In lieu of compliance with paragraph (b) of this section, each
engine for which the 30-second OEI and 2-minute OEI ratings are
desired, may be subjected to the endurance testing of Secs. 33.87 (b),
(c), (d), or (e) of this part, and followed by the testing of
Sec. 33.87(f) without intervening disassembly and inspection. However,
the engine must comply with paragraph (a) of this section after
completing the endurance testing of Sec. 33.87(f).
Issued in Washington, DC, on May 30, 1996.
David R. Hinson,
Administrator.
[FR Doc. 96-14083 Filed 6-18-96; 8:45 am]
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