issue-1994-01-07•Federal Register final rules — 1994-01-07
Federal Register final rules — 1994-01-07
issue-1994-01-07Federal Register final rules — 1994-01-07Regulation
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. 94-52 The Federal Maritime Commission—General
[Federal Register Volume 59, Number 5 (Friday, January 7, 1994)]
[Rules and Regulations]
[Pages 954-965]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-52]
[[Page Unknown]]
[Federal Register: January 7, 1994]
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FEDERAL MARITIME COMMISSION
46 CFR Part 501
The Federal Maritime Commission--General
AGENCY: Federal Maritime Commission.
ACTION: Final rule.
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SUMMARY: The Federal Maritime Commission is revising its statement of
organization and functions, delegations and other procedures, and
incorporating it in the CFR. This provides a current statement which
includes all previously published items and preserves it in the CFR for
easier public access.
EFFECTIVE DATE: January 7, 1994.
FOR FURTHER INFORMATION CONTACT: Joseph C. Polking, Secretary Federal
Maritime Commission 800 N. Capitol St., NW. Washington, DC 20573 (202)
523-5725.
SUPPLEMENTARY INFORMATION: The Federal Maritime Commission is revising
the official description of its organization, functions, delegations,
and other procedures, and incorporating it in part 501 of title 46,
Code of Federal Regulations.
Notice and public procedure are not necessary prior to the issuance
of this rule because it deals solely with matters of agency
organization and procedure. Neither is a delayed effective date
required. 5 U.S.C. 553.
List of Subjects in 46 CFR Part 501
Administrative practice and procedure; Authority delegations;
Organization and functions; Seals and insignia.
Therefore, pursuant to 5 U.S.C. 551-557, 701-706, 2903 and 6304; 31
U.S.C. 3721; 41 U.S.C. 414 and 418; 44 U.S.C. 501-520 and 3501-3520; 46
U.S.C. app. 801-848, 876, 1111 and 1701-1720; Reorganization Plan No. 7
of 1961, 26 FR 7315, August 12, 1961; Pub. L. 89-56, 79 Stat. 195; and
5 CFR part 2638: Part 501 of title 46 of the CFR is revised to read as
follows:
PART 501--THE FEDERAL MARITIME COMMISSION--GENERAL
Subpart A--Organization and Functions
Sec.
501.1 Purpose.
501.2 General.
501.3 Organizational components of the Federal Maritime Commission.
501.4 Lines of responsibility.
501.5 Functions of the organizational components of the Federal
Maritime Commission.
Subpart B--Official Seal
501.11 Official seal.
Subpart C--Delegation and Redelegation of Authorities
501.21 Delegation of authorities.
501.22 [Reserved]
501.23 Delegation to the General Counsel.
501.24 Delegation to the Secretary.
501.25 Delegation to the Managing Director.
501.26 Delegation to the Director, Bureau of Trade Monitoring and
Analysis.
501.27 Delegation to and redelegation by the Director, Bureau of
Tariffs, Certification and Licensing.
501.28 Delegation to the Director, Bureau of Hearing Counsel.
501.29 [Reserved]
501.30 Delegation to and redelegation by the Director, Bureau of
Administration.
501.31 Delegation to the Director, Bureau of Investigations.
Subpart D--Public Requests for Information
501.41 Public requests for information and decisions.
Appendix A to Part 501--Organization Chart
Authority: 5 U.S.C. 551-557, 701-706, 2903 and 6304; 31 U.S.C.
3721; 41 U.S.C. 414 and 418; 44 U.S.C. 501-520 and 3501-3520; 46
U.S.C. app. 801-848, 876, 1111, and 1701-1720; Reorganization Plan
No. 7 of 1961, 26 FR 7315, August 12, 1961; Pub. L. 89-56, 79 Stat.
195; 5 CFR Part 2638.
Subpart A--Organization and Functions
Sec. 501.1 Purpose.
This part describes the organization, functions and Official Seal
of, and the delegation of authority within, the Federal Maritime
Commission (``Commission'').
Sec. 501.2 General.
(a) Statutory functions. The Commission regulates common carriers
by water and other persons involved in the foreign and domestic
offshore commerce of the U.S. under provisions of the Shipping Act,
1916, (46 U.S.C. app. 801-842); the Intercoastal Shipping Act, 1933 (46
U.S.C. app. 843-848); the Shipping Act of 1984 (46 U.S.C. app. 1701-
1720); section 19 of the Merchant Marine Act, 1920 (46 U.S.C. app.
876); the Foreign Shipping Practices Act of 1988 (46 U.S.C. app.
1710a); sections 2 and 3, Public Law 89-777, Financial Responsibility
for Death or Injury to Passengers and for Non-Performance of Voyages
(46 U.S.C. app. 817d and 817e); and other applicable statutes.
(b) Establishment and composition of the Commission. The Commission
was established as an independent agency by Reorganization Plan No. 7
of 1961, effective August 12, 1961, and is composed of five
Commissioners (``Commissioners'' or ``members''), appointed by the
President, by and with the advice and consent of the Senate. Not more
than three Commissioners may be appointed from the same political
party. The President designates one of the Commissioners to be the
Chairman of the Commission (``Chairman'').
(c) Terms and vacancies. The term of each member of the Commission
is 5 years and begins when the term of the predecessor of that member
ends (i.e., on June 30 of each successive year), except that, when the
term of office of a member ends, the member may continue to serve until
a successor is appointed and qualified. A vacancy in the office of any
Commissioner shall be filled in the same manner as the original
appointment, except that any person chosen to fill a vacancy shall be
appointed only for the unexpired term of the Commissioner whom he or
she succeeds. Each Commissioner shall be removable by the President for
inefficiency, neglect of duty, or malfeasance in office.
(d) Quorum. A vacancy in the Commission, so long as there shall be
three Commissioners in office, shall not impair the power of the
Commission to execute its functions. Any three Commissioners in office
constitute a quorum for the transaction of the business of the
Commission, and the affirmative votes of any three Commissioners shall
be sufficient for the disposition of any matter which may come before
the Commission. For purposes of holding a formal meeting for the
transaction of the business of the Commission, the actual presence of
two Commissioners shall be sufficient, with proxy votes of absent
members permitted in order to obtain the required three affirmative
votes. See Commission Order No. 84.
(e) Meetings; records; rules and regulations. The Commission shall,
through its Secretary, keep a true record of all its meetings and the
yea-and-nay votes taken therein on every action and order approved or
disapproved by the Commission. In addition to or in aid of its
functions, the Commission adopts rules and regulations in regard to its
powers, duties and functions under the shipping statutes it
administers.
Sec. 501.3 Organizational components of the Federal Maritime
Commission.
The major organizational components of the Commission are set forth
in the Organization Chart attached as Appendix A to this part. An
outline table of the components/functions follows:
(a) Office of the Chairman of the Federal Maritime Commission.
(Chief Executive and Administrative Officer, and FOIA and Privacy
Act Appeals Officer.)
(1) Information Security Officer.
(2) Designated Agency Ethics Official.
(b) Offices of the Members of the Federal Maritime Commission. (Include
the Chairman, ADP Committee.)
(c) Office of the Secretary. (FOIA and Privacy Act Officer; Federal
Register Liaison; Alternative Disputes Resolution Coordinator.)
(1) Office of Informal Inquiries, Complaints and Informal Dockets.
(d) Office of the General Counsel. (Ethics Official.)
(e) Office of Administrative Law Judges.
(f) Office of Equal Employment Opportunity.
(g) Office of the Inspector General.
(h) Office of the Managing Director. (Chief Operating Officer; Senior
IRM Official; Senior Procurement Executive and ATFI Contracting
Officer; Audit Followup and Management Controls.)
(i) Bureau of Trade Monitoring and Analysis.
(1) Office of Agreements and Information Management.
(2) Office of Monitoring I.
(3) Office of Monitoring II.
(j) Bureau of Tariffs, Certification and Licensing.
(1) Office of Tariffs.
(2) Tariff Control Center.
(3) Office of Service Contracts and Passenger Vessel Operations.
(4) Office of Freight Forwarders.
(k) Bureau of Hearing Counsel.
(l) Bureau of Investigations; District Offices.
(1) New York District
(2) New Orleans District
(3) Miami District
(4) San Francisco District
(5) Los Angeles District
(6) Puerto Rico District
(7) Houston District
(m) Bureau of Administration. (Competition Advocate; Information
Security; Principal Management Official on Small Agency Council.)
(1) Office of Administrative Services. (Physical Security; FMC
Contracting Officer.)
(2) Office of Budget and Financial Management. (Chief Financial
Officer.)
(3) Office of Personnel.
(4) Office of Information Resources Management. (IRM Manager;
Computer Security; Forms Control; Records Management.)
(n) Boards and Committees.
(1) Executive Resources Board.
(2) Committee on Automated Data Processing.
(3) Performance Review Board.
(4) Incentive Awards Committee.
Sec. 501.4 Lines of responsibility.
(a) Chairman. The Office of the Secretary, the Office of the
General Counsel, the Office of Administrative Law Judges, the Office of
Equal Employment Opportunity, the Office of the Inspector General, the
Office of the Managing Director, and officials performing the functions
of Information Security Officer and Designated Agency Ethics Official,
report to the Chairman of the Commission.
(b) Office of the Managing Director. The Bureau of Trade Monitoring
and Analysis; Bureau of Tariffs, Certification and Licensing; Bureau of
Hearing Counsel; Bureau of Administration; and Bureau of Investigations
report to the Office of the Managing Director. The Offices of Equal
Employment Opportunity and of the Inspector General receive
administrative assistance from the Managing Director. All other units
of the Commission receive administrative guidance from the Managing
Director.
(c) Bureau of Investigations and District Offices. The District
Offices report to the Director, Bureau of Investigations.
Sec. 501.5 Functions of the organizational components of the Federal
Maritime Commission.
As further provided in subpart C of this part, the functions,
including the delegated authority of the Commission's organizational
components and/or officials to exercise their functions and to take all
actions necessary to direct and carry out their assigned duties and
responsibilities under the lines of responsibility set forth in
Sec. 501.4, are briefly set forth as follows:
(a) Chairman. As the chief executive and administrative officer of
the Commission, the Chairman presides at meetings of the Commission,
administers the policies of the Commission to its responsible
officials, and assures the efficient discharge of their
responsibilities. The Chairman provides management direction to the
Offices of Equal Employment Opportunity, Inspector General, Secretary,
General Counsel, Administrative Law Judges, and Managing Director with
respect to all matters concerning overall Commission workflow, resource
allocation (both staff and budgetary), work priorities and similar
managerial matters; and establishes, as necessary, various committees
and boards to address overall operations of the agency. The Chairman
serves as appeals officer under both the Freedom of Information Act and
the Privacy Act. The Chairman appoints the heads of major
administrative units after consultation with other Commissioners. In
addition, the Chairman, as ``head of the agency,'' has certain
responsibilities under Federal laws and directives not specifically
related to shipping. For example, the special offices or officers
within the Commission, listed under paragraphs (a)(1) through (a)(4) of
this section, are appointed or designated by the Chairman, are under
his or her direct supervision and report directly to the Chairman:
(1) Under the direction and management of the Office Director, the
Office of Equal Employment Opportunity (``EEO'') ensures that statutory
and regulatory prohibitions against discrimination in employment and
the requirements for related programs are fully implemented. As such,
the Office administers and implements comprehensive programs on
discrimination complaints processing, affirmative action and special
emphasis. The Director, EEO, advises the Chairman regarding EEO's
plans, procedures, regulations, reports and other matters pertaining to
policy and the agency programs. Additionally, the Director provides
leadership and advice to managers and supervisors in carrying out their
respective responsibilities in equal employment opportunity. The Office
administers and implements these program responsibilities in accordance
with Equal Employment Commission (``EEOC'') Regulations at 29 CFR part
1614 and other relevant EEOC Directives and Bulletins.
(2) Under the direction and management of the Inspector General,
the Office of Inspector General conducts, supervises and coordinates
audits and investigations relating to the programs and operations of
the Commission; reviews existing and proposed legislation and
regulations pertaining to such programs and operations; provides
leadership and coordination and recommends policies for activities
designed to promote economy, efficiency, and effectiveness in the
administration of, and to prevent and detect waste, fraud and abuse in,
such programs and operations; and advises the Chairman and the Congress
fully and currently about problems and deficiencies relating to the
administration of such programs and operations and the necessity for
and progress of corrective action.
(3) The Information Security Officer is a senior agency official
designated under Sec. 503.52 of this chapter to direct and administer
the Commission's information security program, which includes an active
oversight and security education program to ensure effective
implementation of Executive Order 12356.
(4) The Designated Agency Ethics Official and Alternate are
appropriate agency employees formally designated under 5 CFR 2638.202
and Sec. 500.105 of this chapter to coordinate and manage the ethics
program as set forth in 5 CFR 2638.203, which includes the functions of
advising on matters of employee responsibilities and conduct under part
500 of this chapter, and serving as the Commission's designee(s) to the
Office of Personnel Management on such matters. They provide counseling
and guidance to employees on conflicts of interest and other ethical
matters.
(b) Commissioners. The members of the Commission, including the
Chairman, implement various shipping statutes and related directives by
rendering decisions, issuing orders, and adopting and enforcing rules
and regulations governing persons subject to the shipping statutes; and
perform other duties and functions as may be appropriate under
reorganization plans, statutes, executive orders, and regulations.
(c) Secretary. Under the direction and management of the Secretary,
the Office of the Secretary:
(1) Is responsible for the preparation, maintenance and disposition
of the official files and records documenting the business of the
Commission. In this regard, the Office:
(i) Prepares and, as appropriate, publishes agenda of matters for
action by the Commission, prepares and maintains the minutes with
respect to such actions; signs, serves and issues, on behalf of the
Commission, documents implementing such actions, and coordinates
follow-up thereon.
(ii) Receives and processes formal and informal complaints
involving alleged statutory violations, petitions for relief, special
dockets applications (including the issuance of decisions therein),
applications to correct clerical or administrative errors in service
contracts, requests for conciliation service, staff recommendations for
investigation and rulemaking proceedings, and motions and filings
relating thereto.
(iii) Disseminates information regarding the proceedings,
activities, functions, and responsibilities of the Commission to the
maritime industry, news media, general public, and other government
agencies. In this capacity the Office also:
(A) Administers the Commission's Freedom of Information Act,
Privacy Act and Government in the Sunshine Act responsibilities; the
Secretary serves as the Freedom of Information Act and Privacy Act
Officer.
(B) Authenticates records of the Commission.
(C) Receives and responds to subpoenas directed to Commission
personnel and/or records.
(D) Compiles and publishes the bound volumes of Commission
decisions.
(E) Coordinates publication of documents, including rules and
modifications thereto with the Office of the Federal Register; the
Secretary serves as the Federal Register Liaison Officer and Certifying
Officer.
(2) Through the Secretary and, in the absence or preoccupation of
the Secretary, through the Assistant Secretary, administers oaths
pursuant to 5 U.S.C. 2903(b).
(3) Coordinates Alternative Dispute Resolution activities within
the Commission.
(4) Through the Office of Informal Inquiries, Complaints and
Informal Dockets:
(i) Advises the Commission on significant public interest issues in
current and proposed policies, programs, and decisions;
(ii) Receives, coordinates, and responds to informal inquiries,
complaints, suggestions, and expressions of concern from the public and
contacts carriers, conferences, and other persons to effect solutions;
(iii) Publicizes Commission policies, programs, and activities of
interest to the Commission's shipping public; and
(iv) Adjudicates small claims ($10,000 or less) arising from
alleged violations of the shipping statutes.
(d) General Counsel. Under the direction and management of the
General Counsel, the Office of the General Counsel:
(1) Reviews for legal sufficiency all staff memoranda and
recommendations that are presented for Commission action and staff
actions acted upon pursuant to delegated authority under
Secs. 501.26(i) and 501.26(k).
(2) Provides written or oral legal opinions to the Commission, to
the staff, and to the general public in appropriate cases.
(3) Prepares and/or reviews for legal sufficiency, before service,
all final Commission decisions, orders, and regulations.
(4) Monitors, reviews and, as requested by the Committees of the
Congress, the Office of Management and Budget, or the Chairman,
prepares comments on all legislation introduced in the Congress
affecting the Commission's programs or activities, and prepares draft
legislation or amendments to legislation; coordinates such matters with
the appropriate Bureau, Office or official and advises appropriate
Commission officials of legislation which may impact the programs and
activities of the Commission. Also prepares testimony for Congressional
hearings and responses to requests from Congressional offices.
(5) Serves as the legal representative of the Commission in courts
and in administrative proceedings before other Government agencies.
(6) Monitors and reports on international maritime developments,
including laws and practices of foreign governments which affect ocean
shipping; and identifies potential state-controlled carriers within the
meaning of section 3(8) of the Shipping Act of 1984, researches their
status, and makes recommendations to the Commission concerning their
classification.
(7) Represents the Commission in U.S. Government interagency groups
dealing with international maritime issues; serves as a technical
advisor on regulatory matters in bilateral and multilateral maritime
discussions; and coordinates Commission activities through liaison with
other Government agencies and programs and international organizations.
(8) Screens, routes, and maintains custody of U.S. Government and
international organization documents, subject to the classification and
safekeeping controls administered by the Commission's Information
Security Officer.
(9) Reviews for legal sufficiency all adverse personnel actions,
procurement activities, Freedom of Information Act and Privacy Act
matters and other administrative actions.
(10) Manages the Commission's library and related services.
(e) Administrative Law Judges. Under the direction and management
of the Chief Administrative Law Judge, the Office of Administrative Law
Judges holds hearings and renders initial or recommended decisions in
formal rulemaking and adjudicatory proceedings as provided in the
Shipping Act, 1916, Shipping Act of 1984, and other applicable laws and
other matters assigned by the Commission, in accordance with the
Administrative Procedure Act and the Commission's Rules of Practice and
Procedure.
(f) The Office of the Managing Director. (1) The Managing Director:
(i) As senior staff official, is responsible to the Chairman for
the management and coordination of Commission programs managed by the
operating Bureaus of Investigations; Hearing Counsel; Administration;
Trade Monitoring and Analysis; and Tariffs, Certification and
Licensing, as more fully described in paragraphs (g) through (k) of
this section, and thereby implements the regulatory policies of the
Commission and the administrative policies and directives of the
Chairman;
(ii) Provides administrative guidance to all units of the
Commission other than the operating bureaus listed in paragraph (f)(1)
of this section, except the Offices of Equal Employment Opportunity and
the Inspector General, which are provided administrative assistance;
(iii) Is the agency's Senior Procurement Executive under 41 U.S.C.
414(3) and Commission Order No. 112;
(iv) As the Designated Senior Information Resources Management
Official under 44 U.S.C. 501-520 and 3501-3520 and Commission Order No.
117, reviews recommendations of the Commission's Committee on Automated
Data Processing and submits them to the Chairman under Commission
Orders Nos. 98 and 117;
(v) Is the Audit Follow-up and Management (Internal) Controls
Official for the Commission under Commission Orders Nos. 103 and 106;
and
(vi) Is the agency's Chief Operating Officer, as appointed by the
Chairman in response to the President's October 1, 1993, memorandum on
management reform.
(2) The Office of Managing Director ensures the periodic review and
updating of Commission orders.
(3) A Deputy Managing Director, reporting directly to the Managing
Director, supervises the development of, and serves as Contracting
Officer for, the Commission's Automated Tariff Filing and Information
(``ATFI'') System.
(g) Bureau of Trade Monitoring and Analysis. Under the direction
and management of the Bureau Director, the Bureau of Trade Monitoring
and Analysis develops and administers programs in connection with the
anticompetitive and cooperative arrangements and practices of common
carriers by water, freight forwarders and terminal operators in the
foreign and domestic commerce of the U.S., including the filing of
common carrier agreements under section 15 of the Shipping Act, 1916,
ocean common carrier agreements under section 5 of the Shipping Act of
1984, and the filing of agreements by marine terminal operators under
section 15 of the Shipping Act, 1916, and section 5 of the Shipping Act
of 1984. The Bureau provides expert economic testimony and support in
formal proceedings, particularly regarding unfair foreign shipping
practices under section 19 of the Merchant Marine Act, 1920, the
Foreign Shipping Practices Act of 1988, and domestic offshore rate-of-
return cases under the Intercoastal Shipping Act, 1933.
(h) Bureau of Tariffs, Certification and Licensing. Under the
direction and management of the Bureau Director, the Bureau of Tariffs,
Certification and Licensing plans, develops and administers programs in
connection with tariffs filed by common carriers and marine terminal
operators; ocean common carrier service contracts; financial
responsibility of non-vessel operating common carriers; licensing ocean
freight forwarders; certifying the financial responsibility of
passenger vessel owners and operators; and financial reporting by ocean
common carriers in the domestic offshore trades. These programs carry
out provisions of the Shipping Act, 1916; the Intercoastal Shipping
Act, 1933; the Shipping Act of 1984; and Pub. L. 89-777, as implemented
under Parts 510, 514, 515, 540, 550, 552, 580, 581, 582, and 583 of
this chapter. The Bureau maintains tariff data filed in electronic form
on the Commission's Automated Tariff Filing and Information System
(``ATFI''). The Bureau develops long-range plans, new or revised
policies and standards, and rules and regulations with respect to these
programs. It also cooperates with other Commission components with
regard to the enforcement of the Commission's regulatory requirements,
and provides expert testimony and support in formal proceedings. The
Bureau's program activities are carried out by the Office of Tariffs,
the Office of Service Contracts and Passenger Vessel Operations and the
Office of Freight Forwarders.
(i) Bureau of Hearing Counsel. Under the direction and management
of the Bureau Director, the Bureau of Hearing Counsel:
(1) Participates as trial counsel in formal Commission proceedings
when designated by Commission order, or when intervention is granted;
(2) Initiates, processes and negotiates the informal compromise of
civil penalties under Sec. 501.28 of this part and Sec. 502.604 of this
chapter, and represents the Commission in proceedings and circumstances
as designated;
(3) Acts as staff counsel to the Managing Director and other
bureaus and offices; and
(4) Coordinates with the Bureau of Investigations and other bureaus
to provide legal advice, attorney liaison, and prosecution, as
warranted, in connection with field investigations and other
enforcement matters.
(j) Bureau of Investigations; District Offices. (1) The mission of
the Bureau of Investigations is to secure compliance with the shipping
statutes. To fulfill this mission, the Bureau, under the direction and
management of the Bureau Director and through its offices located in
key locations throughout the United States, conducts investigations
leading to enforcement action, advises the Federal Maritime Commission
of evolving competitive practices in international and domestic
offshore commerce, assesses the practical repercussions of Commission
regulations, educates the industry regarding policy and statutory
requirements, assists in the resolution of disputes within the
industry, and provides liaison, cooperation, and other coordination
between the Commission and the maritime industry, shippers, and other
government agencies.
(2) The activities performed by the District Offices, under the
direction and management of their respective Office Directors, include
the following:
(i) Representing the Commission within their respective geographic
areas;
(ii) Providing liaison between the Commission and the shipping
industry and interested public; conveying pertinent information
regarding regulatory activities and problems; and recommending courses
of action and solutions to problems as they relate to the shipping
public, the affected industry, and the Commission;
(iii) Furnishing to interested persons information, advice, and
access to Commission public documents;
(iv) Receiving and resolving informal complaints, in coordination
with the Director, Office of Informal Inquiries, Complaints and
Informal Dockets;
(v) Investigating potential violations of the shipping statutes and
the Commission's regulations;
(vi) Conducting shipping industry surveillance programs to ensure
compliance with the shipping statutes and Commission regulations. Such
programs include common carrier audits, service contract audits and
compliance checks of ocean freight forwarders;
(vii) Upon request of the Bureau of Tariffs, Certification and
Licensing, auditing passenger vessel operators to determine the
adequacy of performance bonds and the availability of funds to pay
liability claims for death or injury, and assisting in the background
surveys of ocean freight forwarder applicants;
(viii) Conducting special surveys and studies, and recommending
policies to strengthen enforcement of the shipping laws;
(ix) Maintaining liaison with Federal and State agencies with
respect to areas of mutual concern; and
(x) Providing assistance to the various bureaus and offices of the
Commission as appropriate and when requested.
(k) Bureau of Administration. Under the direction and management of
the Bureau Director, the Bureau of Administration is responsible for
the administration and coordination of the Offices of: Administrative
Services; Budget and Financial Management; Information Resources
Management; and Personnel. The Bureau provides administrative support
to the program operations of the Commission. The Bureau interprets
governmental policies and programs and administers these in a manner
consistent with Federal guidelines, including those involving
information management, procurement, financial management and
personnel. The Bureau initiates recommendations, collaborating with
other elements of the Commission as warranted, for long-range plans,
new or revised policies and standards, and rules and regulations, with
respect to its program activities. The Office of the Bureau Director is
responsible for directing and administering the Commission's training
and development function. The Bureau Director is the Commission's
Competition Advocate under 41 U.S.C. 418(a) and Commission Order No.
112, as well as the Commission's representative, as Principal
Management Official, to the Small Agency Council. Other Bureau programs
are carried out by its Offices, as follows:
(1) The Office of Administrative Services, under the direction and
management of the Office Director, directs and administers a variety of
management support service functions of the Commission. The Director of
the Office is the Commission's principal Contracting Officer under
Commission Order No. 112. Programs include communications; audio and
voice telecommunications; procurement of and contracting for
administrative goods and services, including the utilization of small
and disadvantaged businesses; management of property, space, printing
and copying; mail and records services; forms and graphic designs;
facilities and equipment maintenance; and transportation.
(2) The Office of Budget and Financial Management, under the
direction and management of the Office Director, administers the
Commission's financial management program, including fiscal accounting
activities, fee and forfeiture collections, and payments, and ensures
that Commission obligations and expenditures of appropriated funds are
proper; develops annual budget justifications for submission to the
Congress and the Office of Management and Budget; develops and
administers internal controls systems that provide accountability for
agency funds; administers the Commission's travel and cash management
programs, as well as the Commission's Imprest Funds; ensures
accountability for official passports; and assists in the development
of proper levels of user fees. The Director of the Office is the
Commission's Chief Financial Officer.
(3) Under the direction and management of the Office Director, the
Office of Information Resources Management's major function is to
administer the information resources management program under the
Paperwork Reduction Act. Other functions include: Management studies
and surveys; data telecommunications/database management and
application development; records management; IRM contract
administration; and development of Paperwork Reduction Act clearances
for submission to the Office of Management and Budget. The Office is
also responsible for the computer security and records and forms
management programs. The Director of the Office serves as IRM Manager,
Forms Control Officer, Computer Security Officer, Records Management
Officer, and ADP Coordinator for the Committee on Automated Data
Processing.
(4) The Office of Personnel, under the direction and management of
the Office Director, plans and administers a complete personnel
management program including: Recruitment and placement; position
classification and pay administration; occupational safety and health;
employee counseling services; employee relations; workforce discipline;
performance appraisal; incentive awards; retirement; and personnel
security. The Director of the Office is the Chairman of the Incentive
Awards Committee.
(l) Boards and Committees. The following boards and committees are
established by separate Commission orders (``C.O.'') to address matters
relating to the overall operations of the Commission:
(1) The Executive Resources Board is comprised of three voting
members, chosen from the ranks of those above the grade 15 level, with
the majority being career members of the Senior Executive Service. The
members serve staggered terms of three years, beginning October 1 of
each year; the member serving in the last year of his/her term serves
as Chairman. The board meets on an ad hoc basis to discuss, develop and
submit recommendations to the Chairman on matters related to the merit
staffing process for career appointments in the Senior Executive
Service, including the executive qualifications of candidates for
career appointment. The board also plans and manages the Commission's
executive development programs. Serving the board in a non-voting
advisory capacity are the Director, Office of Equal Employment
Opportunity, the Training Officer, and the Director, Office of
Personnel, who also serves as the board's secretary. C.O. No. 95.
(2) The Committee on Automated Data Processing is chaired by a
Commissioner designated by the Chairman, and is comprised of the
Directors of the Bureaus of Trade Monitoring and Analysis; Tariffs,
Certification and Licensing; Administration; Hearing Counsel; and
Investigations; the General Counsel; the Secretary; the Inspector
General; the Director, Office of Equal Employment Opportunity; the
Chief Administrative Law Judge; a representative from the Chairman's
office; the Deputy Managing Director in charge of the Commission's
Automated Tariff Filing and Information System; and the Director,
Office of Information Resources Management, who serves as Committee
Coordinator for the Committee Chairperson. The Committee meets on an ad
hoc basis to review, evaluate and recommend to the Chairman, through
the Managing Director, policies and actions on the acquisition,
management and use of ADP equipment and services. C.O. No. 98.
(3) The Performance Review Board is chaired by a Commissioner
designated by the Chairman, and is composed of a standing register of
members which is published in the Federal Register. Once a year, the
PRB Chairman appoints performance review panels from the membership to
review individual performance appraisals and other relevant information
pertaining to Senior Executives at the Commission, and to recommend
final performance ratings to the Chairman. C.O. No. 115.
(4) The Incentive Awards Committee is composed of two permanent
voting members: The Director of Personnel, who serves as Chairman; and
the Director of Equal Employment Opportunity; and two other voting
members approved by the Chairman upon the recommendation of the
Managing Director. The committee meets on an ad hoc basis to determine
if incentive award nominations meet established criteria, and to review
suggestions. C.O. No. 62.
Subpart B--Official Seal
Sec. 501.11 Official seal.
(a) Description. Pursuant to section 201 (c) of the Merchant Marine
Act, 1936, as amended (46 U.S.C. app. 1111(c)), the Commission
prescribes its official seal, as adopted by the Commission on August
14, 1961, which shall be judicially noticed. The design of the official
seal is described as follows:
(1) A shield argent paly of six gules, a chief azure charged with a
fouled anchor or; shield and anchor outlined of the third; on a wreath
argent and gules, an eagle displayed proper; all on a gold disc within
a blue border, encircled by a gold rope outlined in blue, and bearing
in white letters the inscription ``Federal Maritime Commission'' in
upper portion and ``1961'' in lower portion.
(2) The shield and eagle above it are associated with the United
States of America and denote the national scope of maritime affairs.
The outer rope and fouled anchor are symbolic of seamen and waterborne
transportation. The date ``1961'' has historical significance,
indicating the year in which the Commission was created.
(b) Design.
TR07JA94.006
Subpart C--Delegation and Redelegation of Authorities
Sec. 501.21 Delegation of authorities.
(a) Authority and delegation. Section 105 of Reorganization Plan
No. 7 of 1961, August 12, 1961, authorizes the Commission to delegate,
by published order or rule, any of its functions to a division of the
Commission, an individual Commissioner, an administrative law judge, or
an employee or employee board, including functions with respect to
hearing, determining, ordering, certifying, reporting or otherwise
acting as to any work, business or matter. In subpart A of this part,
the Commission has delegated general functions, and in this subpart C,
it is delegating miscellaneous, specific authorities set forth in
Secs. 501.23, et seq., to the delegatees designated therein, subject to
the limitations prescribed in subsequent subsections of this section.
(b) Deputies. Where bureau or office deputies are officially
appointed, they are hereby delegated all necessary authority to act in
the absence or incapacity of the director or chief.
(c) Redelegation. Subject to the limitations in this section, the
delegatees may redelegate their authorities to subordinate personnel
under their supervision and direction; but only if this subpart is
amended to reflect such redelegation and notice thereof is published in
the Federal Register. Under any redelegated authority, the redelegator
assumes full responsibility for actions taken by subordinate
redelegatees.
(d) Exercise of authority; policy and procedure. The delegatees and
redelegatees shall exercise the authorities delegated or redelegated in
a manner consistent with applicable laws and the established policies
of the Commission, and shall consult with the General Counsel where
appropriate.
(e) Exercise of delegated authority by delegator. Under any
authority delegated or redelegated, the delegator (Commission), or the
redelegator, respectively, shall retain full rights to exercise the
authority in the first instance.
(f) Review of delegatee's action. The delegator (Commission) or
redelegator of authority shall retain a discretionary right to review
an action taken under delegated authority by a subordinate delegatee,
either upon the filing of a written petition of a party to, or an
intervenor in, such action; or upon the delegator's or redelegator's
own initiative.
(1) Petitions for review of actions taken under delegated authority
shall be filed within ten (10) calendar days of the action taken:
(i) If the action for which review is sought is taken by a
delegatee, the petition shall be addressed to the Commission pursuant
to Sec. 502.69 of this chapter.
(ii) If the action for which review is sought is taken by a
redelegatee, the petition shall be addressed to the redelegator whose
decision can be further reviewed by the Commission under paragraph
(f)(1)(i) of this section, unless the Commission decides to review the
matter directly, such as, for example, in the incapacity of the
redelegator.
(2) The vote of a majority of the Commission less one member
thereof shall be sufficient to bring any delegated action before the
Commission for review under this paragraph.
(g) Action--when final. Should the right to exercise discretionary
review be declined or should no such review be sought under paragraph
(f) of this section, then the action taken under delegated authority
shall, for all purposes, including appeal or review thereof, be deemed
to be the action of the Commission.
(h) Conflicts. Where the procedures set forth in this section
conflict with law or any regulation of this chapter, the conflict shall
be resolved in favor of the law or other regulation.
Sec. 501.22 [Reserved]
Sec. 501.23 Delegation to the General Counsel.
The authority listed in this section is delegated to the General
Counsel: Authority to classify carriers as state-controlled carriers
within the meaning of section 3(8) of the Shipping Act of 1984, except
where a carrier submits a rebuttal statement pursuant to
Sec. 514.4(c)(2)(ii) or Sec. 580.1(e)(3)(i) of this chapter.
Sec. 501.24 Delegation to the Secretary.
The authorities listed in this section are delegated to the
Secretary (and, in the absence or preoccupation of the Secretary, to
the Assistant Secretary).
(a) Authority to approve applications for permission to practice
before the Commission and to issue admission certificates to approved
applicants.
(b) Authority to extend the time to file exceptions or replies to
exceptions, and the time for Commission review, relative to initial
decisions of administrative law judges and decisions of Special Dockets
Officers.
(c) Authority to extend the time to file appeals or replies to
appeals, and the time for Commission review, relative to dismissals of
proceedings, in whole or in part, issued by administrative law judges.
(d) Authority to establish and extend or reduce the time:
(1) To file documents either in docketed proceedings or relative to
petitions filed under part 502 of this chapter, which are pending
before the Commission itself; and
(2) To issue initial and final decisions under Sec. 502.61 of this
chapter.
(e) Authority to prescribe a time limit less than twenty days from
date published in the Federal Register, for the submission of written
comments with reference to agreements filed pursuant to section 15 of
the Shipping Act, 1916, and to prescribe a time limit for the
submission of written comments with reference to agreements filed
pursuant to section 5 of the Shipping Act of 1984.
(f) Authority, in appropriate cases, to publish in the Federal
Register notices of intent to prepare an environmental assessment and
notices of finding of no significant impact.
(g) Authority to prescribe a time limit less than ten days from
date published in the Federal Register for filing comments on notices
of intent to prepare an environmental assessment and notice of finding
of no significant impact and authority to prepare environmental
assessments of No Significant Impact.
(h) Authority, after consultation with the Director, Bureau of
Trade Monitoring and Analysis, to rule on requests to file amendments
or supplements to documents concerning pending section 15 agreements
which are filed pursuant to Sec. 560.602(e) of this chapter.
(i) Authority, in the absence or preoccupation of the Managing
Director and Deputy Managing Directors, to sign travel orders,
nondocketed recommendations to the Commission, and other routine
documents for the Managing Director, consistent with the programs,
policies, and precedents established by the Commission or the Managing
Director.
Sec. 501.25 Delegation to the Managing Director.
The authorities listed in this section are delegated to the
Managing Director.
(a) Authority to adjudicate, with the concurrence of the General
Counsel, and authorize payment of, employee claims for not more than
$1,000.00, arising under the Military and Civilian Personnel Property
Act of 1964, 31 U.S.C. 3721.
(b) Authority to determine that an exigency of the public business
is of such importance that annual leave may not be used by employees to
avoid forfeiture before annual leave may be restored under 5 U.S.C.
6304.
Sec. 501.26 Delegation to the Director, Bureau of Trade Monitoring and
Analysis.
The authorities listed in this section are delegated to the
Director, Bureau of Trade Monitoring and Analysis.
(a) Authority to approve, pursuant to section 15 of the Shipping
Act, 1916, unprotested passenger agency agreements and modifications
thereto, and container interchange agreements and modifications thereto
between common carriers by water.
(b) Authority to approve modifications to agreements filed under
section 15 of the Shipping Act, 1916, when such modifications are filed
in accordance with regulations and are clearly in compliance with the
criteria and/or intent of such regulations, and require modification of
the filed amendment to the extent necessary to conform to such
regulations.
(c) Authority to approve those classes of unprotested section 15
agreements, and modifications thereto, which, pursuant to section 35 of
the Shipping Act, 1916, are specifically exempted from the approval
requirements of that Act, but which, notwithstanding the exemption,
have been filed for approval.
(d) Authority to approve, pursuant to section 15 of the Shipping
Act, 1916, as amended, unprotested modifications to marine terminal
conference agreements and unprotested marine terminal leases, licenses,
assignments, or other agreements of a similar character for the use of
terminal property or facilities between persons subject to the Shipping
Act, 1916, as amended. In instances where an agreement for the use of
terminal property or facilities of that character defined herein grants
renewal options without providing that the Commission be notified in
the event that such options are exercised, this authority extends to
the issuance of conditional approval, the condition of approval being
that the agreement be modified to provide for notification to the
Commission in the event that such options are exercised and refiled
with the Commission.
(e) Authority to determine that no action should be taken to
prevent an agreement or modification to an agreement from becoming
effective under section 6(c)(1), and to shorten the review period under
section 6(e), of the Shipping Act of 1984, when the agreement or
modification involves solely a restatement, clarification or change in
an agreement which adds no new substantive authority beyond that
already contained in an effective agreement. This category of agreement
or modification includes, for example, the following: a restatement
filed to conform an agreement to the format and organization
requirements of part 572 of this chapter; a clarification to reflect a
change in the name of a country or port or a change in the name of a
party to the agreement; a correction of typographical or grammatical
errors in the text of an agreement; a change in the title of persons or
committees designated in an agreement; or a transfer of functions from
one person or committee to another.
(f) Authority to grant or deny applications filed under
Sec. 572.404 of this chapter for waiver of the form, organization and
content requirements of Secs. 572.401, 572.402, 572.403, 572.501 and
572.502 of this chapter.
(g) Authority to determine that no action should be taken to
prevent an agreement or modification of an agreement from becoming
effective under section 6(c)(1) of the Shipping Act of 1984 for all
unopposed agreements and modifications to agreements which will not
result in a significant reduction in competition. Agreements which are
deemed to have the potential to result in a significant reduction in
competition and which, therefore, are not covered by this delegation
include but are not limited to:
(1) New agreements authorizing the parties to collectively discuss
or fix rates (including terminal rates).
(2) New agreements authorizing the parties to pool cargoes or
revenues.
(3) New agreements authorizing the parties to establish a joint
service or consortium.
(4) New sailing agreements.
(5) New equal access agreements.
(6) Significant modifications to the above categories of agreements
as set forth in Sec. 572.403(a)(3) of this chapter.
(h) Authority to grant or deny shortened review pursuant to
Sec. 572.605 of this chapter for agreements for which authority is
delegated in paragraph (g) of this section.
(i) Subject to review by the General Counsel, authority to deny,
but not approve, requests filed pursuant to Sec. 572.605 of this
chapter for a shortened review period for agreements for which
authority is not delegated under paragraph (g) of this section.
(j) Authority to issue notices of termination of agreements which
are otherwise effective under the Shipping Act, 1916, or the Shipping
Act of 1984, after publication of notice of intent to terminate in the
Federal Register, when such terminations are:
(1) Requested by the parties to the agreement;
(2) Deemed to have occurred when it is determined that the parties
are no longer engaged in activity under the agreement and official
inquiries and correspondence cannot be delivered to the parties; or
(3) Deemed to have occurred by notification of the withdrawal of
the next to last party to an agreement without notification of the
addition of another party prior to the effective date of the next to
last party's withdrawal.
(k) Authority to determine whether agreements for the use or
operation of terminal property or facilities, or the furnishing of
terminal services, are within the purview of section 15 of the Shipping
Act, 1916, or section 5 of the Shipping Act of 1984.
(l) Authority to request controlled carriers to file justifications
for existing or proposed rates, charges classifications, rules or
regulations, and review responses to such requests for the purpose of
recommending to the Commission that a rate, charge, classification,
rule or regulation be found unlawful and, therefore, requires
Commission action under section 9(d) of the Shipping Act of 1984.
(m) Authority to recommend to the Commission the initiation of
formal proceedings or other actions with respect to suspected
violations of the shipping statutes and rules and regulations of the
Commission.
Sec. 501.27 Delegation to and redelegation by the Director, Bureau of
Tariffs, Certification and Licensing.
Except where specifically redelegated in this section, the
authorities listed in this section are delegated to the Director,
Bureau of Tariffs, Certification and Licensing.
(a)(1) Authority to approve for good cause or disapprove special
permission applications submitted by common carriers, or conferences of
such carriers, subject to the provisions of section 8 of the Shipping
Act, 1984, section 18 of the Shipping Act, 1916, or section 2 of the
Intercoastal Shipping Act of 1933, for relief from statutory and/or
Commission tariff requirements.
(2) The authority under this paragraph is redelegated to the Chief,
Office of Tariffs, in the Bureau of Tariffs, Certification and
Licensing.
(b)(1) Authority to approve or disapprove special permission
applications submitted by a controlled carrier subject to the
provisions of section 9 of the Shipping Act of 1984 for relief from
statutory and/or Commission tariff requirements.
(2) The authority under this paragraph is redelegated to the Chief,
Office of Tariffs, in the Bureau of Tariffs, Certification and
Licensing.
(c)(1) Authority contained in Supplemental Report No. 4 and Order
in Docket No. 90-23, Notice of Inquiry on Ocean Freight Tariffs in
Foreign and Domestic Offshore Commerce--Tariffs and Service Contracts,
to grant special permission to deviate from the requirement that
electronically-filed tariffs become effective no later than 90 days
from the last day of the applicable filing window.
(2) The authority under this paragraph is redelegated to the Chief,
Office of Tariffs, in the Bureau of Tariffs, Certification and
Licensing.
(d) Authority contained in Part 514 of this chapter to temporarily
exempt common carriers from the electronic tariff filing requirements
of that part for a period not to exceed 90 days from the filing dates
set forth in Supplemental Report No. 4 and Order, served in Docket No.
90-23 on May 28, 1993.
(e)(1) Authority to reject tariff filings of common carriers in the
foreign and domestic offshore commerce of the U.S. or conferences of
such carriers for failure to meet the requirements of pertinent
statutes or the Commission's regulations, for lack of completeness or
clarity, or for noncompliance with special permission or other orders
of the Commission.
(2) The authority under this paragraph is redelegated to the Chief,
Office of Tariffs; Chief, Tariff Control Center and Senior
Transportation Specialists in the Bureau of Tariffs, Certification and
Licensing.
(f) Authority to issue notices of intent to cancel inactive tariffs
of common carriers in the foreign and domestic offshore commerce and
marine terminal operators, after a diligent effort has been made to
locate the carrier/terminal operator without success, or if the
carrier/terminal operator has advised the Commission that it no longer
offers a carrier/terminal operator service but refuses to cancel its
tariff upon written request; and to cancel such tariff if, within 30
days after publication, the carrier/terminal operator does not furnish
reasons why such tariff should not be canceled.
(g) (1) Authority to:
(i) Approve or disapprove applications for ocean freight forwarder
licenses; issue or reissue or transfer such licenses; and approve
extensions of time in which to furnish the name(s) and ocean freight
forwarding experience of the managing partner(s) or officer(s) who will
replace the qualified partner or officer upon whose qualifications the
original licensing was approved;
(ii) Issue a letter stating that the Commission intends to deny an
application, unless within 20 days, applicant requests a hearing to
show that denial of the application is unwarranted; deny applications
where an applicant has received such a letter and has not requested a
hearing within the notice period; and rescind, or grant extensions of,
the time specified in such letters;
(iii) Revoke the license of an ocean freight forwarder upon the
request of the licensee;
(iv) Upon receipt of notice of cancellation of any bond, notify the
licensee in writing that its license will automatically be suspended or
revoked, effective on the bond cancellation date, unless a new or
reinstated bond is submitted and approved prior to such date, and
subsequently order such suspension or revocation for failure to
maintain a bond;
(v) Approve changes in an existing licensee's organization; and
(vi) Return any application which on its face fails to meet the
requirements of the Commission's regulations, accompanied by an
explanation of the reasons for rejection.
(2) The authorities contained in paragraphs (g)(1)(iii) and
(g)(1)(iv) of this section are redelegated to the Chief, Office of
Freight Forwarders, in the Bureau of Tariffs, Certification and
Licensing.
(h) Authority to:
(1) Approve applications for Certificates (Performance) and
Certificates (Casualty) evidenced by a surety, insurance or guaranty
issued by an approved entity, and issue, reissue, or amend such
Certificates;
(2) Issue a written notice to an applicant stating intent to deny
an application for a Certificate (Performance) and/or (Casualty),
indicating the reason therefor, and advising applicant of the time for
requesting a hearing as provided for under Sec. 540.26(c) of this
chapter; deny any application where the applicant has not submitted a
timely request for a hearing; and rescind such notices and grant
extensions of the time within which a request for hearing may be filed;
(3) Issue a written notice to a certificant stating that the
Commission intends to revoke, suspend, or modify a Certificate
(Performance) and/or (Casualty), indicating the reason therefor, and
advising of the time for requesting a hearing as provided for under
Sec. 540.26(c) of this chapter; revoke, suspend or modify a Certificate
(Performance) and/or (Casualty) where the certificant has not submitted
a timely request for hearing; and rescind such notices and grant
extensions of time within which a request for hearing may be filed;
(4) Revoke a Certificate (Performance) and/or (Casualty) which has
expired, and/or upon request of, or acquiescence by, the certificant;
and
(5) Notify a certificant when a Certificate (Performance) and/or
(Casualty) has become null and void in accordance with Secs. 540.8(a)
and 540.26(a) of this chapter.
(i) Authority contained in Secs. 514.7(j) and 581.8 of this chapter
to notify filing parties of the Commission's intent to reject a service
contract and/or statement of essential terms and subsequently reject
and return such contracts.
(j) Authority contained in Parts 514 and 581 of this chapter to
approve, but not deny, requests for permission to correct clerical or
administrative errors in the essential terms of filed service
contracts.
(k) Authority contained in parts 514, 580 and 583 of this chapter
to cancel the tariffs of NVOCCs who fail to file a surety bond,
guaranty or insurance policy or, if required, designate an agent for
receipt of process, or whose surety bond or agent designation is
canceled.
(l) Authority contained in Parts 514 and 582 of this chapter to
cancel the tariff or tariffs of any common carrier, and suspend the
license of any ocean freight forwarder, who fails to file an anti-
rebate certification.
(m) Authority to approve or disapprove applications as specified in
Part 552 of this chapter for extensions of time for filing
(Sec. 552.2(c)), alternative data (Sec. 552.2(d)) and waiver of
detailed filing requirements (Sec. 552.2(e)).
(n) Authority contained in Sec. 514.8(d)(4)(ii) of this chapter to
approve minor changes and additions to transaction set data for the
ATFI system. Such minor changes include additions to any of the
following term and reference lists: Cities; States and Provinces;
Countries; Ports; Container sizes; Container types; Container
temperatures; Hazard codes; Inland modes, Packaging types, Rate bases;
Service types; Stuffing mode; Stripping mode; and Currencies.
(o) Authority to develop, prescribe, and administer programs to
assure compliance with the provisions of the shipping statutes of all
persons subject thereto, including without limitations those programs
for: The submission of regular and special reports, information, and
data; the conduct of a plan for the field audit of activities and
practices of common carriers by water in the domestic offshore trade
and the foreign commerce of the U.S., conferences of such carriers,
marine terminal operators, ocean freight forwarders, and other persons
subject to the shipping statutes; and the conduct of rate studies.
(p) Authority to review and determine the validity of alleged or
suspected violations, exclusive of formal complaints, of the shipping
statutes and rules and regulations of the Commission by freight
forwarders; authority to determine corrective action necessary with
respect to violations except where violations involve major questions
of policy or major interpretations of statutes, or orders, rules, and
regulations of the Commission, or acts having material effect upon the
commerce of the U.S.; and authority to recommend to the Commission the
initiation of formal proceedings or other actions with respect to such
alleged or suspected violations.
Sec. 501.28 Delegation to the Director, Bureau of Hearing Counsel.
The authority to compromise civil penalty claims has been delegated
to the Director, Bureau of Hearing Counsel, by Sec. 502.604(g) of this
chapter. See also Secs. 501.5(i) and 521.21.
Sec. 501.29 [Reserved]
Sec. 501.30 Delegation to and redelegation by Director, Bureau of
Administration.
Except where specifically redelegated in this section, the
authorities listed in this section are delegated to the Director,
Bureau of Administration, and, in the absence or preoccupation of the
Director, to the Deputy Director of that Bureau.
(a)(1) Authority under part 514 of this chapter, after consultation
with the Bureau of Tariffs, Certification and Licensing, and the Office
of the Managing Director, to issue letters notifying applicants for
certification of ATFI batch filing capability that their applications
have or have not been granted.
(2) The authority under this paragraph is redelegated to the
Director, Office of Information Resources Management.
(b)(1) Authority under Sec. 514.21(m)(2) of this chapter, after
consultation with the Bureau of Tariffs, Certification and Licensing
and the Office of the Managing Director, to evaluate and approve or
disapprove by letter the accounting or charging system the applicant
intends to use for charging users and remitting to the Commission
indirect (subsequent) access user fees under 46 U.S.C. app.
1107a(d)(1)(B)(ii).
(2) The authority under this paragraph is redelegated to the
Director, Office of Information Resources Management.
(c)(1) Authority is delegated to the Director, Bureau of
Administration, to approve, certify, or otherwise authorize those
actions dealing with appropriations of funds made available to the
Commission including allotments, fiscal matters, and contracts relating
to the operation of the Commission within the laws, rules, and
regulations set forth by the Federal Government.
(2) The authority under this paragraph is redelegated to the
Director, Office of Budget and Financial Management.
(d)(1) Authority is delegated to the Director, Bureau of
Administration, to classify all positions GS-1 through GS-15 and wage
grade positions.
(2) The authority under this paragraph is redelegated to the
Director, Office of Personnel.
Sec. 501.31 Delegation to the Director, Bureau of Investigations.
The authority listed in this section is delegated to the Director,
Bureau of Investigations: Authority to approve administrative leave for
employees in District Offices.
Subpart D--Public Requests for Information
Sec. 501.41 Public requests for information and decisions.
(a) General. Pursuant to 5 U.S.C. 552(a)(1)(A), there is hereby
stated and published for the guidance of the public the established
places at which, the officers from whom, and the methods whereby, the
public may secure information, make submittals or requests, or obtain
decisions, principally by contacting by telephone, in writing, or in
person, either the Secretary of the Commission at the Federal Maritime
Commission, 800 North Capitol Street, NW., Washington, DC 20573, or the
District Offices listed in paragraph (d) of this section. See also part
503 of this chapter.
(b) The Secretary will provide information and decisions, and will
accept and respond to requests, relating to the program activities of
the Office of the Secretary and of the Commission, generally. Unless
otherwise provided in this chapter, any document, report, or other
submission required to be filed with the Commission by statute or the
Commission's rules and regulations relating to the functions of the
Commission or of the Office of the Secretary shall be filed with or
submitted to the Secretary.
(c) The Directors of the following bureaus and offices will provide
information and decisions, and will accept and respond to requests,
relating to the specific functions or program activities of their
respective bureaus and offices as set forth in this chapter; but only
if the dissemination of such information or decisions is not prohibited
by statute or the Commission's Rules of Practice and Procedure:
(1) Office of the General Counsel;
(2) Office of the Administrative Law Judges;
(3) Office of the Managing Director;
(4) Office of the Inspector General ;
(5) Office of Equal Employment Opportunity;
(6) Bureau of Hearing Counsel;
(7) Bureau of Trade Monitoring and Analysis;
(8) Bureau of Tariffs, Certification and Licensing;
(9) Bureau of Investigations;
(10) Bureau of Administration;
(11) Office of Personnel;
(12) Office of Budget and Financial Management;
(13) Office of Information Resources Management;
(14) Office of Administrative Services; and
(15) Office of Informal Inquiries, Complaints and Informal Dockets.
(d) The Directors of the New York, New Orleans, San Francisco,
Puerto Rico, Houston, Los Angeles and Miami District Offices will
provide information and decisions to the public within their geographic
areas, or will expedite the obtaining of information and decisions from
headquarters, relating to the program activities of the District
Offices as set forth in this part. The addresses of these offices are
as follows:
New York District--Director, New York District, Federal Maritime
Commission, 6 World Trade Center, suite 614, New York, New York
10048-0949
New Orleans District--Director, New Orleans District, Federal
Maritime Commission, 1 Canal Place Tower, 365 Canal Street, suite
2260 New Orleans, Louisiana 70130-1134
Miami District--Director, Miami District, Federal Maritime
Commission, 18441 NW. 2nd Avenue, suite 302, Miami, Florida 33169
San Francisco District--Director, San Francisco District, Federal
Maritime Commission, 525 Market Street, suite 3510, San Francisco,
California 94105-2743
Los Angeles District--Director, Los Angeles District, Federal
Maritime Commission, 11 Golden Shore, suite 270, Long Beach,
California 90802
Puerto Rico District--Director, Puerto Rico District, Federal
Maritime Commission, U.S. District Courthouse, Federal Office
Building, room 762, 150 Carlos Chardon Avenue, Hato Rey, Puerto Rico
00918-1735
Houston District--Director, Houston District, Federal Maritime
Commission, 14950 Heathrow Forest Parkway, suite 110, Box 14,
Houston, Texas 77032-3842
(e) Any document, report or other submission required to be filed
with the Commission by statute or the Commission's rules and
regulations relating to the specific functions of the bureaus and
offices shall be filed with or submitted to the Director of such Bureau
or Office.
By the Commission.
Joseph C. Polking
Secretary.
BILLING CODE 6730-01-W
TR07JA94.007
[FR Doc. 94-52 Filed 1-6-94; 8:45 am]
BILLING CODE 6730-01-C
Complete official Federal Register PDF
FR Doc. 94-366 Control, Custody, Care, Treatment and Instruction of Inmates; Compassionate Release; Drug Abuse Treatment Programs
[Federal Register Volume 59, Number 5 (Friday, January 7, 1994)]
[Rules and Regulations]
[Pages 1138-1139]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-366]
[[Page Unknown]]
[Federal Register: January 7, 1994]
_______________________________________________________________________
Part IV
Department of Justice
_______________________________________________________________________
Bureau of Prisons
_______________________________________________________________________
28 CFR Part 571, et al.
Control, Custody, Care, Treatment and Instruction of Inmates;
Compassionate Release; Drug Abuse Treatment Programs; Rule and Proposed
Rule
DEPARTMENT OF JUSTICE
Bureau of Prisons
28 CFR Parts 571 and 572
RIN 1120-AA09
Control, Custody, Care, Treatment and Instruction of Inmates;
Compassionate Release
AGENCY: Bureau of Prisons, Justice.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This rule revises the procedures for early inmate release
under extraordinary or compelling circumstances in order to include
provisions applicable to inmates who were sentenced under the new law
sentencing guidelines that eliminated parole. In addition, the rule
provisions relating to inmate release in response to prison
overcrowding have been eliminated in conformance with revised Parole
Commission procedures, a section has been added to note the
ineligibility of certain offenders, and various administrative
procedures have been simplified. Releases have been most often applied
in cases where the inmate is terminally ill. The application of the
rule has not been modified. The practical effect should remain the
release or parole of a limited number of inmates under extraordinary or
compelling circumstances.
EFFECTIVE DATE: January 7, 1994.
ADDRESSES: Office of General Counsel, Bureau of Prisons, HOLC Room 754,
320 First Street, NW., Washington, DC 20534.
FOR FURTHER INFORMATION CONTACT: Roy Nanovic, Office of General
Counsel, Bureau of Prisons, phone (202) 514-6655.
SUPPLEMENTARY INFORMATION: The Bureau of Prisons is amending its
regulations on Procedures for the Implementation of 18 U.S.C. 4205(g).
A final rule on this subject was published in the Federal Register
October 21, 1983 (48 FR 48973).
The regulations have been revised for two main reasons. First, the
revisions now include sentence modifications as stated in 18 U.S.C.
3582(c)(1)(A), the provisions applicable to inmates sentenced under the
1984 Sentencing Guidelines, as well as the sentence modifications found
in 18 U.S.C. 4205(g) for those inmates eligible for parole under the
prior sentencing rules. Also, the regulations have modified the
language of the standard employed to conform to the statutory language
of ``extraordinary and compelling'' reasons for the request. The
standards to evaluate requests for early release remain the same. The
only additional procedure required of inmates who request early release
is the inclusion of a proposed release plan. The plan verifies that the
inmate will be properly cared for upon release, and it may be completed
by staff if the inmate is unable to complete the proposal.
Additional changes include the removal of former Sec. 572.42 in
conformance with revised regulations of the Parole Commission, the
removal of the requirement that the inmate provide in the request
information which can be obtained by staff through a review of the
inmate's record, and the addition of new Sec. 571.64 noting the
ineligibility of certain offenders.
As an editorial amendment, the revised compassionate release
provisions have been redesignated from part 572 to part 571 in order to
reflect applicability to new law commitments. A cross-reference remains
in part 572.
Because the revised rule imposes no additional burdens or
restrictions on inmates, the Bureau finds good cause for exempting the
provisions of the Administrative Procedure Act (5 U.S.C. 553) requiring
notice of proposed rulemaking, the opportunity for public comment, and
delay in effective date. Members of the public may submit comments
concerning this rule by writing to the previously cited address. These
comments will be considered but will receive no response in the Federal
Register.
The Bureau of Prisons has determined that this rule is not a
significant regulatory action for the purpose of E.O. 12866; this rule
was reviewed by the Office of Management and Budget pursuant to E.O.
12866. After review of the law and regulations, the Director, Bureau of
Prisons has certified that this rule, for the purpose of the Regulatory
Flexibility Act (Pub. L. 96-354), does not have a significant impact on
a substantial number of small entities.
List of Subjects in 28 CFR Parts 571 and 572
Prisoners.
Kathleen M. Hawk,
Director, Bureau of Prisons.
Accordingly, pursuant to the rulemaking authority vested in the
Attorney General in 5 U.S.C. 552(a) and delegated to the Director,
Bureau of Prisons in 28 CFR 0.96(p), parts 571 and 572 in subchapter D
of 28 CFR, chapter V are amended as set forth below.
SUBCHAPTER D--COMMUNITY PROGRAMS AND RELEASE
PART 571--RELEASE FROM CUSTODY
1. The authority citation for 28 CFR part 571 is revised to read as
follows:
Authority: 5 U.S.C. 301; 18 U.S.C. 3565, 3568-3569 (Repealed in
part as to offenses committed on or after November 1, 1987), 3582,
3621, 3622, 3624, 4001, 4042, 4081, 4082 (Repealed in part as to
offenses committed on or after November 1, 1987), 4161-4166 and
4201-4218 (Repealed as to offenses committed on or after November 1,
1987), 5006-5024 (Repealed October 12, 1984 as to offenses committed
after that date), 5031-5042; 28 U.S.C. 509, 510; U.S. Const., Art.
II, Sec. 2; 28 CFR 0.95-0.99, 1.1-1.10.
2. In part 571, subpart G, consisting of Secs. 571.60 through
571.64, is added to read as follows:
Subpart G--Compassionate Release (Procedures for the Implementation of
18 U.S.C. 3582(c)(1)(A) and 4205(g))
Sec.
571.60 Purpose and scope.
571.61 Initiation of request--extraordinary or compelling
circumstances.
571.62 Approval of request.
571.63 Denial of request.
571.64 Ineligible offenders.
Subpart G--Compassionate Release (Procedures for the Implementation
of 18 U.S.C. 3582(c)(1)(A) and 4205(g))
Sec. 571.60 Purpose and scope.
Under 18 U.S.C. 4205(g), a sentencing court, on motion of the
Bureau of Prisons, may make an inmate with a minimum term sentence
immediately eligible for parole by reducing the minimum term of the
sentence to time served. Under 18 U.S.C. 3582(c)(1)(A), a sentencing
court, on motion of the Director of the Bureau of Prisons, may reduce
the term of imprisonment of an inmate sentenced under the Comprehensive
Crime Control Act of 1984. The Bureau uses 18 U.S.C. 4205(g) and 18
U.S.C. 3582(c)(1)(A) in particularly extraordinary or compelling
circumstances which could not reasonably have been foreseen by the
court at the time of sentencing.
Sec. 571.61 Initiation of request--extraordinary or compelling
circumstances.
(a) A request for a motion under 18 U.S.C. 4205(g) or 3582(c)(1)(A)
shall be submitted to the Warden. Ordinarily, the request shall be in
writing, and submitted by the inmate. An inmate may initiate a request
for consideration under 18 U.S.C. 4205(g) or 3582(c)(1)(A) only when
there are particularly extraordinary or compelling circumstances which
could not reasonably have been foreseen by the court at the time of
sentencing. The inmate's request shall at a minimum contain the
following information:
(1) The extraordinary or compelling circumstances that the inmate
believes warrant consideration.
(2) Proposed release plans, including where the inmate will reside,
how the inmate will support himself/herself, and, if the basis for the
request involves the inmate's health, information on where the inmate
will receive medical treatment, and how the inmate will pay for such
treatment.
(b) The Bureau of Prisons processes a request made by another
person on behalf of an inmate in the same manner as an inmate's
request. Staff shall refer a request received at the Central Office or
at a Regional Office to the Warden of the institution where the inmate
is confined.
Sec. 571.62 Approval of request.
(a) The Bureau of Prisons makes a motion under 18 U.S.C. 4205(g) or
3582(c)(1)(A) only after review of the request by the Warden, the
Regional Director, the General Counsel, and either the Medical Director
for medical referrals or the Assistant Director, Correctional Programs
Division for non-medical referrals, and with the approval of the
Director, Bureau of Prisons.
(1) The Warden shall promptly review a request for consideration
under 18 U.S.C. 4205(g) or 3582(c)(1)(A). If the Warden, upon an
investigation of the request determines that the request warrants
approval, the Warden shall refer the matter in writing with
recommendation to the Regional Director.
(2) If the Regional Director determines that the request warrants
approval, the Regional Director shall prepare a written recommendation
and refer the matter to the Office of General Counsel.
(3) If the General Counsel determines that the request warrants
approval, the General Counsel shall solicit the opinion of either the
Medical Director or the Assistant Director, Correctional Programs
Division depending upon the nature of the basis of the request. With
this opinion, the General Counsel shall forward the entire matter to
the Director, Bureau of Prisons, for final decision.
(4) If the Director, Bureau of Prisons, grants a request under 18
U.S.C. 4205(g), the Director will contact the U.S. Attorney in the
district in which the inmate was sentenced regarding moving the
sentencing court on behalf of the Bureau of Prisons to reduce the
minimum term of the inmate's sentence to time served. If the Director,
Bureau of Prisons, grants a request under 18 U.S.C. 3582(c)(1)(A), the
Director will contact the U.S. Attorney in the district in which the
inmate was sentenced regarding moving the sentencing court on behalf of
the Director of the Bureau of Prisons to reduce the inmate's term of
imprisonment to time served.
(b) Upon receipt of notice that the sentencing court has entered an
order granting the motion under 18 U.S.C. 4205(g), the Warden of the
institution where the inmate is confined shall schedule the inmate for
hearing on the earliest Parole Commission docket. Upon receipt of
notice that the sentencing court has entered an order granting the
motion under 18 U.S.C. 3582(c)(1)(A), the Warden of the institution
where the inmate is confined shall release the inmate forthwith.
(c) In the event the basis of the request is the medical condition
of the inmate, staff shall expedite the request at all levels.
Sec. 571.63 Denial of request.
(a) When an inmate's request is denied by the Warden or Regional
Director, the disapproving official shall provide the inmate with a
written notice and statement of reasons for the denial. The inmate may
appeal the denial through the Administrative Remedy Procedure (28 CFR
part 542, subpart B).
(b) When an inmate's request for consideration under 18 U.S.C.
4205(g) or 3582(c)(1)(A) is denied by the General Counsel, the General
Counsel shall provide the inmate with a written notice and statement of
reasons for the denial. This denial constitutes a final administrative
decision.
(c) When the Director, Bureau of Prisons, denies an inmate's
request, the Director shall provide the inmate with a written notice
and statement of reasons for the denial within 20 workdays after
receipt of the referral from the Office of General Counsel. A denial by
the Director constitutes a final administrative decision.
(d) Because a denial by the General Counsel or Director, Bureau of
Prisons, constitutes a final administrative decision, an inmate may not
appeal the denial through the Administrative Remedy Procedure.
Sec. 571.64 Ineligible offenders.
The Bureau of Prisons has no authority to initiate a request under
18 U.S.C. 4205(g) or 3582(c)(1)(A) on behalf of state prisoners housed
in Bureau of Prisons facilities or D.C. Code offenders confined in
federal institutions. The Bureau of Prisons cannot initiate such a
motion on behalf of federal offenders who committed their offenses
prior to November 1, 1987, and received non-parolable sentences.
PART 572--PAROLE
3. The authority citation for part 572 is revised to read as
follows:
Authority: 5 U.S.C. 301; 18 U.S.C. 4001, 4042, 4081, 4082
(Repealed in part as to offenses committed on or after November 1,
1987), 4205, 5015 (Repealed October 12, 1984 as to offenses
committed after that date), 5039; 28 U.S.C. 509, 510; 28 CFR 0.95-
0.99.
4. In part 572, subpart E, consisting of Secs. 572.40 through
572.44, is revised to consist of Sec. 572.40 as follows.
Subpart E--Compassionate Release (Procedures for the Implementation of
18 U.S.C. 4205(g))
Sec.
572.40 Compassionate release under 18 U.S.C. 4205(g).
Subpart E--Compassionate Release (Procedures for the Implementation
of 18 U.S.C. 4205(g))
Sec. 572.40 Compassionate release under 18 U.S.C. 4205(g).
18 U.S.C. 4205(g) was repealed effective November 1, 1987, but
remains the controlling law for inmates whose offenses occurred prior
to that date. For inmates whose offenses occurred on or after November
1, 1987, the applicable statute is 18 U.S.C. 3582(c)(1)(A). Procedures
for compassionate release of an inmate under either provision are
contained in 28 CFR part 571, subpart G.
[FR Doc. 94-366 Filed 1-6-94; 8:45 am]
BILLING CODE 4410-05-P
Complete official Federal Register PDF
FR Doc. 94-364 Establishment of Class D Airspace, Gila Bend Air Force Auxiliary Field, AZ
[Federal Register Volume 59, Number 5 (Friday, January 7, 1994)]
[Rules and Regulations]
[Page 947]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-364]
Federal Register / Vol. 59, No. 5 / Friday, January 7, 1994 /
[[Page Unknown]]
[Federal Register: January 7, 1994]
VOL. 59, NO. 5
Friday, January 7, 1994
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 71
[Airspace Docket No. 93-AWP-5]
Establishment of Class D Airspace, Gila Bend Air Force Auxiliary
Field, AZ
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule; correction.
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SUMMARY: This document contains corrections to the final rule published
on December 10, 1993. This final rule established Class D airspace at
Gila Bend Air Force Auxiliary Field, AZ effective January 10, 1994.
This correction to the final rule will establish the Class D airspace
at Gila Bend effective on March 3, 1994.
EFFECTIVE DATE: Effective January 7, 1994. The effective date of the
final rule at 58 FR 64879 is corrected to be 0901 U.T.C. March 3, 1994.
FOR FURTHER INFORMATION CONTACT: Gene Enstad, Airspace Specialist,
System Management Branch, AWP-530, Air Traffic Division, Western-
Pacific Region, Federal Aviation Administration, 15000 Aviation
Boulevard, Lawndale, California 90261: telephone (310) 297-0010.
SUPPLEMENTARY INFORMATION: On December 10, 1993, the Federal Aviation
Administration (FAA) published a final rule that established Class D
airspace at Gila Bend Air Force (AF) Auxiliary (AUX) Field, Gila Bend,
Arizona (58 FR 64879). The effective date was established as 0901
U.T.C., January 10, 1994. That date was incorrect. The new effective
date is now 0901 U.T.C., March 3, 1994.
Correction of Final Rule Effective Date
Accordingly, pursuant to the authority delegated to me, the
publication on December 10, 1993; (58 FR 64879), is corrected as
follows:
On page 64879, in the third column, in EFFECTIVE DATE by removing
``0901 U.T.C., January 10, 1994'' and inserting in its place ``0901
U.T.C., March 3, 1994''.
Issued in Lawndale on December 21, 1993.
Harvey R. Riebel,
Manager, System Management Branch, AWP-530.
[FR Doc. 94-364 Filed 1-6-94; 8:45 am]
BILLING CODE 4910-13-M
Complete official Federal Register PDF
FR Doc. 94-356 Environmental Considerations/Categorical Exclusions
[Federal Register Volume 59, Number 5 (Friday, January 7, 1994)]
[Rules and Regulations]
[Pages 953-954]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-356]
[[Page Unknown]]
[Federal Register: January 7, 1994]
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FEDERAL EMERGENCY MANAGEMENT AGENCY
44 CFR Part 10
RIN 3067-AC21
Environmental Considerations/Categorical Exclusions
AGENCY: Federal Emergency Management Agency (FEMA).
ACTION: Interim rule.
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SUMMARY: This interim rule amends 44 CFR 10 by adding certain purchases
of flooded properties to the list of actions that FEMA categorically
excludes from reviews under the National Environmental Policy Act
(NEPA). Such purchases historically have no significant environmental
effects. The intent of the change is to streamline the administrative
process associated with implementation of hazard mitigation projects
involving the purchase of flooded properties. The change ensures that
environmental concerns and issues are still satisfied.
EFFECTIVE DATE: January 7, 1994. We invite comments on the interim
rule, which must be received on or before March 8, 1994.
ADDRESSES: Please submit any written comments to the Rules Docket
Clerk, Office of the General Counsel, Federal Emergency Management
Agency, 500 C Street, SW., room 714, Washington, DC 20472, (fax) (202)
646-4536.
FOR FURTHER INFORMATION CONTACT: Laurence Zensinger, Mitigation
Directorate, Federal Emergency Management Agency, 500 C Street, SW.,
Washington, DC 20472, (202) 646-4240.
SUPPLEMENTARY INFORMATION: FEMA developed this categorical exclusion
for property acquisition in response to suggestions for expanding
FEMA's existing list of projects warranting categorical exclusions
(CATEX) that FEMA lists at 44 CFR 10.8(c)(2). The intent of the change
is to streamline the administrative process associated with approving
hazard mitigation projects that involve the purchase of properties (and
conversion to open space use of the land on which such properties are
located) that floods damage. Based on the nature and history of such
projects under normal circumstances there will be no significant
environmental effects.
FEMA conducted a comprehensive review of its environmental actions
before developing this interim rule. The Agency carries out hazard
mitigation activities primarily under section 1362 of the National
Flood Insurance Act of 1968, as amended, 42 U.S.C. 4103, but also under
section 404 of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act, as amended, 42 U.S.C. 5170c. Our review of
environmental actions shows that FEMA's hazard mitigation activities
relating to the conversion of property to open space use consistently
result in Findings of No Significant Impact. Hazard mitigation
relocation projects under normal circumstances do not have a
significant environmental impact because they involve acquisition of
properties to remove flooded structures from flood-prone areas and to
revert the land to open space use. FEMA now adds 44 CFR 10.8(c)(2)(x)
to authorize categorical exclusions (``CATEX'') covering acquisition of
properties that will have no significant environmental effects after
acquisition and return of the land to its natural state. The new CATEX
will only apply to those actions that involve acquisition of property
and will not apply to any project involving the development of another
site. The new CATEX will not apply in those situations described under
the existing FEMA regulation, 44 CFR 10.8(b)(2), entitled ``Actions
That Normally Require an Environmental Impact Statement,'' or in
situations involving extraordinary circumstances where FEMA's
regulations normally require an Environmental Assessment. See 44 CFR
10.8(e).
In addition, the new CATEX will not affect FEMA's responsibility to
comply with other environmental statutes. These include the Clean Air
Act, the Clean Water Act, the Resource Conservation and Recovery Act,
the Comprehensive Environmental Response, Compensation and Liability
Act, the Coastal Zone Management Act, the Coastal Barrier Resources
Act, the Endangered Species Act, the National Historic Preservation
Act, and the Archeological and Historic Preservation Act. Nor will it
affect FEMA's responsibilities under Executive Orders 11988 and 11990,
or under FEMA's implementing regulations at 44 CFR 9, and FEMA's
National Flood Insurance Program regulations at 44 CFR 59 through 77.
This interim rule is immediately effective because States and
communities are acquiring properties more frequently than before to
resolve public health and safety concerns following the Great Flood of
1993 in nine midwestern States. Significant numbers of flooded
properties must be acquired swiftly to avoid flooding the same
properties again soon, with new and additional threats to public health
and safety.
National Environmental Policy Act
The requirements of 44 CFR part 10, Environmental Consideration,
exclude this rule. FEMA has not prepared an environmental impact
assessment.
Regulatory Flexibility Act
I certify that this rule will not have a significant economic
impact on a substantial number of small entities under the Regulatory
Flexibility Act, 5 U.S.C. 601 et seq. The rule adds one category to
FEMA's categorical exclusions from reviews under the National
Environmental Policy Act, and FEMA does not expect the rule (1) to
affect adversely the availability of disaster assistance funding to
small entities, (2) to have significant secondary or incidental effects
on a substantial number of small entities, or (3) to create any
additional burden on small entities.
Regulatory Impact Analysis
This rule is not a major rule for the purposes of Executive Order
12291, Federal Regulation, February 17, 1981, 3 CFR, 1981 Comp., p.
127. FEMA has not prepared a regulatory impact analysis.
Paperwork Reduction Act
This rule does not involve any collection of information for
purposes of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq.
Executive Order 12612, Federalism
This rule involves no policies that have federalism implications
under Executive Order 12612, Federalism, October 26, 1987, 3 CFR, 1987
Comp., p. 252.
Executive Order 12778, Civil Justice Reform
This rule meets the applicable standards of section 2(b)(2) of
Executive Order 12778, October 25, 1991, 56 FR 55195, 3 CFR, 1991
Comp., p. 309.
List of Subjects in 44 CFR Part 10
Environmental impact statements
Accordingly, 44 CFR Part 10 is amended to read as follows:
1. The authority citation for Part 10 is revised to read as
follows:
Authority: 42 U.S.C. 4321 et seq.; E.O. 11514 of March 7, 1970,
35 FR 4247, as amended by E.O. 11991, 3 CFR, 1977 Comp., p. 123;
Reorganization Plan No. 3 of 1978, 5 U.S.C. App. 1; E.O. 12127, 3
CFR, 1979 Comp., p. 376; and E.O. 12148, 3 CFR, 1979 Comp., p. 412,
as amended.
2. Section 10.8(c)(2) is amended by adding a new paragraph
(c)(2)(x) to read as follows:
Sec. 10.8 [Amended]
* * * * *
(c) * * *
(2) * * *
(x) The acquisition of properties under section 1362 of the
National Flood Insurance Act of 1968, as amended, under section 404 of
the Robert T. Stafford Disaster Relief and Emergency Assistance Act,
and under any other applicable authority when the acquisition is from a
willing seller, the buyer coordinated acquisition planning with
affected authorities, and the acquired property will be dedicated in
perpetuity to uses that are compatible with open space, recreational,
or wetlands management practices.
Dated: January 3, 1994.
James L. Witt,
Director.
[FR Doc. 94-356 Filed 1-6-94; 8:45 am]
BILLING CODE 6718-01-P
Complete official Federal Register PDF
FR Doc. 94-309 Capitalization of Certain Policy Acquisition Expenses; Correction
[Federal Register Volume 59, Number 5 (Friday, January 7, 1994)]
[Rules and Regulations]
[Page 947]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-309]
[[Page Unknown]]
[Federal Register: January 7, 1994]
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DEPARTMENT OF THE TREASURY
Internal Revenue Service
26 CFR Part 1
[T.D. 8456]
RIN 1545-AQ14
Capitalization of Certain Policy Acquisition Expenses; Correction
AGENCY: Internal Revenue Service, Treasury.
ACTION: Correcting amendment.
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SUMMARY: This document contains a correction to the final regulations
(T.D. 8456), which were published Tuesday, December 29, 1992 (57 FR
61813), relating to the requirement that insurance companies capitalize
specified policy acquisition expenses for tax purposes.
EFFECTIVE DATE: December 29, 1992.
FOR FURTHER INFORMATION CONTACT: Gary Geisler (202) 622-3970, (not a
toll-free call).
SUPPLEMENTARY INFORMATION:
Background
The final regulations that are the subject of this correction
contains final income tax regulations under section 848 of the Internal
Revenue Code.
Need for Correction
As published, T.D. 8456 contains an error which may prove to be
misleading and is in need of clarification.
List of Subjects in 26 CFR Part 1
Income taxes, Reporting and recordkeeping requirements.
PART 1--INCOME TAX; TAXABLE YEARS BEGINNING AFTER DECEMBER 31, 1953
Accordingly, 26 CFR part 1 is corrected by making the following
correcting amendment:
Paragraph 1. The authority citation for part 1 continues to read in
part as follows:
Authority: 26 U.S.C. 7805 * * *
Par. 2. In Sec. 1.848-2(i)(4)(iii)(C), the language ``Calculate the
ratio between the results in paragraphs (i)(4)(ii) (A) and (B) of this
section for each agreement;'' is removed and the language ``Calculate
the ratio between the results in paragraphs (i)(4)(iii) (A) and (B) of
this section for each agreement;'' is added in its place.
Jacquelyn B. Burgess,
Alternate Federal Register Liaison Officer, Assistant Chief Counsel
(Corporate).
[FR Doc. 94-309 Filed 1-6-94; 8:45 am]
BILLING CODE 4830-01-U
Complete official Federal Register PDF
FR Doc. 94-294 Energy Efficient Computer Equipment
[Federal Register Volume 59, Number 5 (Friday, January 7, 1994)]
[Rules and Regulations]
[Page 952]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-294]
[[Page Unknown]]
[Federal Register: January 7, 1994]
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GENERAL SERVICES ADMINISTRATION
41 CFR Parts 201-17 and 201-20
[FIRMR Interim Rule 1]
Energy Efficient Computer Equipment
AGENCY: Information Resources Management Service, GSA.
ACTION: Interim rule with request for comments.
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SUMMARY: This amendment implements provisions of Executive Order 12845
requiring agencies to purchase energy efficient computer equipment.
DATES: Effective Date: This amendment is effective on January 7, 1994.
Comments are due: February 7, 1994.
ADDRESSES: Comments should be addressed to General Services
Administration (KMR), Washington, DC 20405.
FOR FURTHER INFORMATION CONTACT:
R. Stewart Randall, GSA, Office of Information Resources Management
Policy, telephone FTS/Commercial (202) 501-3194 (v) or (202) 501-0657
(tdd).
SUPPLEMENTARY INFORMATION: (1) This change is being made to bring the
FIRMR into conformance with Executive Order 12845, dated April 21,
1993. This order recognizes that the Federal Government, the largest
purchaser of computer equipment in the world, should set an example in
the energy efficient operation of its facilities and the procurement of
pollution preventing technologies. The use of energy efficient
computers can help achieve this goal and also minimize the Government's
operating costs. The order requires, among other things, that the heads
of Federal agencies shall ensure that by October 18, 1993, all
acquisitions of microcomputers, including personal computers, monitors,
and printers, meet the Environmental Protection Agency (EPA) ``Energy
Star'' requirements for energy efficiency. The heads of agencies may
grant exemptions, on a case-by-case basis, to this requirement based
upon the commercial availability of qualifying equipment, significant
cost differential of the equipment, the agency's performance
requirements, and the agency's mission. Any exemptions granted must be
reported to GSA annually. The FIRMR is revised to require by October
18, 1993, that all agency requirements analyses include requirements
for energy efficiency. These requirements must be reflected in request
for proposals (RFPs) released after that date. The FIRMR is further
revised to require that, at a minimum, agencies acquire microcomputers,
monitors and printers equipped with the energy efficient low-power
standby feature as defined by the EPA Energy Star computer program. The
address where exemptions must be sent is also provided in this change.
The first report is due October 18, 1994. FIRMR Bulletin C-35 will be
issued in the near future to provide more detailed guidance on energy
efficient requirements that should be included in RFPs.
(2) The General Services Administration has determined that this is
not a major rule for the purposes of Executive Order 12291 of February
17, 1981. GSA decisions are based on adequate information concerning
the need for, and the consequences of the rule. The interim rule is
written to ensure maximum benefits to Federal agencies. This
Governmentwide regulation will have little or no net cost effect on
society. It is certified that this interim rule will not have a
significant economic impact on a substantial number of small entities
under the Regulatory Flexibility Act 1980 (5 U.S.C. et seq.).
(3) The Paperwork Reduction Act does not apply because the proposed
changes to the FIRMR do not impose recordkeeping information
requirements or collection of information from offerors, contractors,
or members of the public which require the approval of OMB under 44
U.S.C. 3501 et seq.
List of Subjects in 41 CFR Parts 201-17 and 201-20
Archives and records, Computer technology, Telecommunications,
Government procurement, Property management, Records management, and
Federal information processing activities.
PART 201-17--PREDOMINANT CONSIDERATIONS
1. The authority citation for part 201-17 continues to read as
follows:
Authority: 40 U.S.C. 486(c) and 751(f).
2. Section 201-17.001 is amended by revising paragraphs (l) and (m)
and adding paragraph (n) to read as follows:
Sec. 201-17.001 Predominant considerations.
* * * * *
(l) Review and evaluate existing resources and related management
and acquisition activities on an ongoing basis;
(m) Replace outdated resources that are no longer the most
advantageous alternative for satisfying the agency's requirements; and
(n) Acquire microcomputers, monitors, and printers that are energy
efficient.
PART 201-20.1--REQUIREMENTS ANALYSIS
3. The authority citation for part 201-20.1 continues to read as
follows:
Authority: 40 U.S.C. 486(c) and 751(f).
Sec. 201-20.1 [Amended]
4. Section 201-20.103-11 is added to read as follows:
Sec. 201-20.103-11 Energy efficiency requirements for microcomputers.
(a) Agencies shall include requirements for energy efficiency in
the requirements analysis. At a minimum, agencies shall require that
microcomputers, including personal computers, monitors, and printers,
acquired by the agency be equipped with the energy efficient low-power
standby feature as defined by the Environmental Protection Agency
Energy Star computer program. This feature shall be activated when the
equipment is shipped to the agency and shall be capable of entering and
recovering from the low-power state, unless the equipment meets the
Energy Star requirements at all times. To the extent permitted by law,
agencies shall include this specification in all existing contracts, if
any additional costs would be offset by the potential energy savings.
(b) Agencies shall consider the guidance contained in FIRMR
Bulletin C-35 in developing their requirements and for the specific
procedure for reporting exempted acquisitions.
(c) Agencies shall report annually, by October 18 on acquisitions
exempted from this requirement. Agencies shall periodically review
their exemptions, with the intent of bringing all purchases into
compliance. Reports shall be sent to: GSA, Acquisition Reviews Division
(KMA), 18th & F Streets, NW., Washington, DC 20405.
(d) Agencies shall ensure that Federal users are made aware of the
significant economic and environmental benefits of the low energy
efficient power standby feature and its aggressive use by including
this information in routine computer training courses.
Dated: October 15, 1993.
Julia M. Stasch,
Acting Administrator of General Services.
[FR Doc. 94-294 Filed 1-6-94; 8:45 am]
BILLING CODE 6820-25-M
Complete official Federal Register PDF
FR Doc. 94-278 Acetyl Tributyl Citrate; Tolerance Exemption
[Federal Register Volume 59, Number 5 (Friday, January 7, 1994)]
[Rules and Regulations]
[Pages 950-951]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-278]
[[Page Unknown]]
[Federal Register: January 7, 1994]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 180
[OPP-300307A; FRL-4747-3]
RIN 2070-AB78
Acetyl Tributyl Citrate; Tolerance Exemption
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This document exempts from the requirement of a tolerance
acetyl tributyl citrate (CAS Reg. No. 77-90-7) when used as an inert
ingredient (plasticizer) in pesticide formulations applied to animals.
This regulation was requested by Alpha Chemical and Plastics Corp.
EFFECTIVE DATE: This regulation becomes effective January 7, 1994.
ADDRESSES: Written objections, identified by the document control
number, [OPP-300307A], may be submitted to: Hearing Clerk (A-110),
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 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 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.
FOR FURTHER INFORMATION CONTACT: By mail: Connie Welch, Registration
Support Branch, Registration Division (7505C), Office of Pesticide
Programs, Environmental Protection Agency, 401 M St., SW., Washington,
DC 20460. Office location and telephone number: 2800 Crystal Drive,
North Tower, Arlington, VA 22202, (703)-308-8320.
SUPPLEMENTARY INFORMATION: In the Federal Register of November 10, 1993
(58 FR 59700), EPA reissued a proposed rule that gave notice that Alpha
Chemical and Plastics Corp., 1 Jabez St., Newark NJ 07105, had
submitted a pesticide petition to EPA requesting that the
Administrator, pursuant to section 408(e) of the Federal Food, Drug,
and Cosmetic Act (21 U.S.C. 346a(e)), propose to amend 40 CFR
180.1001(e) by establishing an exemption from the requirement of a
tolerance for acetyl tributyl citrate when used as a component of
plastic animal tags in pesticide formulations applied to animals. In
the Federal Register of August 3, 1988 (53 FR 29244), EPA originally
proposed such an exemption, but because of the time elapsed since the
oiginal proposal, the proposal was reissued. The basis for the proposed
exemption was contained in the original proposal issuance (53 FR
29244). No comments were received in response to either proposal
issuance.
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.
The data submitted in the petition 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 exemption
from the requirement of a tolerance 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).
The Office of Management and Budget has exempted this rule from the
requirements of section 3 of Executive Order 12291.
Pursuant to the requirements of the Regulatory Flexibility Act
(Pub. L. 96-354, 94 Stat. 1164, 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: December 22, 1993.
Douglas D. Campt,
Director, 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. Section 180.1001(e) is amended by adding and alphabetically
inserting the inert ingredient entry, to read as follows:
Sec. 180.1001 Exemptions from the requirement of a tolerance.
* * * * *
(e) * * *
------------------------------------------------------------------------
Inert ingredients Limits Uses
------------------------------------------------------------------------
* * * * * * *
Acetyl tributyl citrate .................. Component of plastic
(CAS Reg. No. 77-90-7). animal tags.
* * * * * * *
------------------------------------------------------------------------
[FR Doc. 94-278 Filed 1-6-94; 8:45 am]
BILLING CODE 6560-50-F
Complete official Federal Register PDF
FR Doc. 94-277 N,N-Bis 2-(Omega-Hydroxypolyoxyethylene/Polyoxypropylene) Ethyl Alkylamine; Tolerance Exemption
[Federal Register Volume 59, Number 5 (Friday, January 7, 1994)]
[Rules and Regulations]
[Pages 951-952]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-277]
[[Page Unknown]]
[Federal Register: January 7, 1994]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 180
[OPP-300304A; FRL-4747-2]
RIN 2070-AB78
N,N-Bis 2-(Omega-Hydroxypolyoxyethylene/Polyoxypropylene) Ethyl
Alkylamine; Tolerance Exemption
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This document amends the current exemption from the
requirement of a tolerance for residues of N,N-bis 2-(omega-
hydroxypolyoxyethylene/polyoxypropylene) ethyl alkylamine by expanding
its use as an inert ingredient (to read ``surfactants and related
adjuvants of surfactants'') and removing the limit on the amount used
in pesticide formulations applied to growing crops only. This
regulation was requested by Akzo Chemicals, Inc.
EFFECTIVE DATE: This regulation becomes effective January 7, 1994.
ADDRESSES: Written objections, identified by the document control
number, [OPP-300304A], may be submitted to: Hearing Clerk (A-110),
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 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 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.
FOR FURTHER INFORMATION CONTACT: By mail: Connie Welch, Registration
Support Branch, Registration Division (7505C), Office of Pesticide
Programs, Environmental Protection Agency, 401 M St., SW., Washington,
DC 20460. Office location and telephone number: 2800 Crystal Drive,
North Tower, Arlington, VA 22202, (703)-308-8320.
SUPPLEMENTARY INFORMATION: In the Federal Register of November 10, 1993
(58 FR 59699), EPA issued a proposed rule that gave notice that Akzo
Chemicals, Inc., 300 South Riverside Plaza, Chicago, IL 60606, had
submitted pesticide petition (PP) 2E4159 to EPA requesting that the
Administrator, pursuant to section 408(e) of the Federal Food, Drug,
and Cosmetic Act (21 U.S.C. 346a(e)), propose to amend 40 CFR
180.1001(d) by amending the current exemption from the requirement of a
tolerance for residues of N,N-bis 2-(omega-hydroxypolyoxyethylene/
polyoxypropylene) ethyl alkylamine by expanding its use as an inert
ingredient (to read ``surfactants and related adjuvants of
surfactants'') and removing the limit on the amount used in pesticide
formulations applied to growing crops only.
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 in the petition 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 amended
exemption from the requirement of a tolerance will protect the public
health. Therefore, the amended 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).
The Office of Management and Budget has exempted this rule from the
requirements of section 3 of Executive Order 12291.
Pursuant to the requirements of the Regulatory Flexibility Act
(Pub. L. 96-354, 94 Stat. 1164, 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: December 22, 1993.
Douglas D. Campt,
Director, 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. Section 180.1001(d) is amended by adding and alphabetically
inserting the inert ingredient entry, to read as follows:
Sec. 180.1001 Exemptions from the requirement of a tolerance.
* * * * *
(d) * * *
------------------------------------------------------------------------
Inert ingredients Limits Uses
------------------------------------------------------------------------
* * * * * * *
N,N-bis 2-(omega- .................. Surfactant, related
hydroxypolyoxyethylene/p adjuvants of surfactants
olyoxypropylene) ethyl
alkylamine; the reaction
product of 1 mole of N,N-
bis(2-hydroxyethyl
alkylamine) and 360
moles of ethylene oxide
and propylene oxide,
where the alkyl group
(C8-C18) is derived from
coconut, cottonseed,
soya, or tallow acids.
* * * * * * *
------------------------------------------------------------------------
* * * * *
[FR Doc. 94-277 Filed 1-6-94; 8:45 am]
BILLING CODE 6560-50-F
Complete official Federal Register PDF
FR Doc. 94-267 Safety Zone Regulations; Gulf Intracoastal Waterway, Matagorda Bay
[Federal Register Volume 59, Number 5 (Friday, January 7, 1994)]
[Rules and Regulations]
[Pages 948-949]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-267]
[[Page Unknown]]
[Federal Register: January 7, 1994]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
33 CFR Part 165
[COTP Corpus Christi, Texas, Regulation 93-023]
Safety Zone Regulations; Gulf Intracoastal Waterway, Matagorda
Bay
AGENCY: Coast Guard, DOT.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a safety zone in the Gulf
Intracoastal Waterway from mile marker 475 to mile marker 455. Shoaling
into the center of the channel has occurred between green buoy 97 and
green buoy 105. The safety zone is needed to prevent vessels from
grounding on shoal areas near the narrowed channels. Entry into this
zone is restricted to singlewide tows only. No oversize or doublewide
tows are permitted to transit through the safety zone. All vessels are
restricted to one way traffic, between green buoy 89 and green buoy
115.
EFFECTIVE DATE: This regulation becomes effective at 12 a.m., November
30, 1993. It terminates at 12:01 a.m., February 15, 1994, or upon
completion of dredging by the Army Corps of Engineers and termination
by the Captain of the Port.
FOR FURTHER INFORMATION CONTACT:
ENS S. Montoya at telephone number (512) 888-3195.
SUPPLEMENTARY INFORMATION: Under 5 U.S.C. 553, a notice of proposed
rulemaking was not published for this regulation and good cause exists
for making it effective in less than 30 days after Federal Register
publication. Publishing an NPRM and delaying its effective date would
be contrary to the public interest since immediate action is needed to
reduce the risk of vessel groundings and potential pollution incidents.
Drafting Information
The drafters of this regulation are ENS S. Montoya, Chief,
Waterways Management Section, and CAPT R.J. Reining, Commanding
Officer, U.S. Coast Guard Marine Safety Office, Corpus Christi, Texas,
and CDR D. Dickman, project attorney, Eighth Coast Guard District, New
Orleans, Louisiana.
Discussion of Regulation
The Coast Guard is establishing a safety zone in the Gulf
Intracoastal Waterway from mile marker 475 to mile marker 455. Shoaling
into the center of the channel has occurred between green buoy 97 and
green buoy 105. The safety zone is needed to prevent vessels from
grounding on shoal areas near the narrowed channels. Entry into this
zone is restricted to singlewide tows only. No oversize or doublewide
tows are permitted to transit through the safety zone. All vessels are
restricted to one way traffic, between green buoy 89 and green buoy
115.
List of Subjects in 33 CFR Part 165
Harbors, Marine Safety, Navigation (water), Security measures,
Waterways.
Regulation
In consideration of the foregoing, subpart C of part 165 of title
33, Code of Federal Regulations, is amended as follows:
1. The authority citation for part 165 continues to read as
follows:
Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 49 CFR 1.46 and 33 CFR
1.05-1(g), 6.04-1 and 160.5.
2. A temporary section 165.T08-066 is added to read as follows:
Sec. 165.T08-066 Safety zone: Gulf Intracoastal Waterway.
(a) Safety zone. The waters of the Gulf Intracoastal Waterway from
mile marker 475 to mile marker 455 including the entire width of the
channel is a stationary safety zone.
(b) Regulations. The Coast Guard is establishing a safety zone in
the Gulf Intracoastal Waterway from mile marker 475 to mile marker 455.
Shoaling into the center of the channel has occurred between green buoy
97 and green buoy 105. The safety zone is needed to prevent vessels
from grounding on shoal areas near the narrowed channels. Entry into
this zone is restricted to singlewide tows only. No oversize or
doublewide tows are permitted to transit through the safety zone. All
vessels are restricted to one way traffic, between green buoy 89 and
green buoy 115.
(c) Effective date. This regulation becomes effective at 12 a.m.,
November 30, 1993. It terminates at 12:01 a.m., February 15, 1994, or
upon completion of dredging by the Army Corps of Engineers and
termination by the Captain of the Port.
Dated: November 30, 1993.
Robert J. Reining,
Captain, U.S. Coast Guard, Captain of the Port, Corpus Christi, Texas.
[FR Doc. 94-267 Filed 1-6-94; 8:45 am]
BILLING CODE 4910-14-M
Complete official Federal Register PDF
FR Doc. 94-266 Safety Zone Regulations; Atlantic Intracoastal Waterway, Camp Lejuene, NC
[Federal Register Volume 59, Number 5 (Friday, January 7, 1994)]
[Rules and Regulations]
[Page 949]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-266]
[[Page Unknown]]
[Federal Register: January 7, 1994]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
33 CFR Part 165
[COTP Wilmington, NC Regulation 94-001]
Safety Zone Regulations; Atlantic Intracoastal Waterway, Camp
Lejuene, NC
AGENCY: Coast Guard, DOT.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a safety zone in the Atlantic
Intracoastal Waterway, Camp Lejuene, NC, between mile boards 235 and
240. The safety zone is needed to protect the public, vessels and
property from safety hazards associated with the removal of unexploded
military munitions prior to dredging operations on the Atlantic
Intracoastal Waterway. Entry into this zone is prohibited during actual
operations unless authorized by the Captain of the Port.
EFFECTIVE DATES: This regulation is effective from 8 a.m. on January
10, 1994, and terminates on February 11, 1994 at 5 p.m., unless sooner
terminated by the Captain of the Port, Wilmington, NC.
FOR FURTHER INFORMATION CONTACT:
ENS K. J. DELOOFF, USCG, c/o U.S. Coast Guard Captain of the Port,
suite 500, 272 N. Front Street, Wilmington, NC 28401-3907, Phone: (910)
343-4894.
SUPPLEMENTARY INFORMATION: In accordance with 5 U.S.C. 553, a notice of
proposed rulemaking (NPRM) was not published for this regulation and
good cause exists for making it effective in less than 30 days after
Federal Register publication. Publishing an NPRM and delaying its
effective date would be contrary to the public's interest since
immediate action is necessary to prevent possible damage to people,
vessels and property in the area.
Drafting Information
The drafters of this regulation are ENS K. J. DELOOFF, project
officer for the Captain of the Port, Wilmington, NC, and LCDR C. A.
ABEL, project attorney, Fifth Coast Guard District Legal Staff.
Discussion of Regulation
The event requiring this regulation will begin on January 10, 1994
and terminate on February 11, 1994. U.S. Navy personnel will be diving
in the Atlantic Intracoastal Waterway between the hours of 8 a.m. and 5
p.m. on the dates indicated above. Commercial traffic will not be
severely impeded due to a one hour window between 12 p.m. and 1 p.m. in
which vessels will be permitted to pass. The diving for unexploded
munitions constitutes a potential hazard to the public, vessels and
property in the vicinity. This safety zone is needed to protect the
public from the hazards associated with this diving operation as well
as to protect the diving crews during actual underwater operations.
Regulatory Evaluation
This regulation is not considered a significant regulatory action
under Executive Order 12866 and is not significant under Department of
Transportation regulatory policies and procedures (44 FR 11034,
February 26, 1979).
Federalism Assessment
This action has been analyzed in accordance with the principles and
criteria contained in Executive Order 12612, and it has been determined
that it does not have sufficient federalism implications to warrant the
preparation of a Federalism Assessment.
List of Subjects in 33 CFR 165
Harbors, Marine safety, Navigation (water), Security measures,
Waterways.
Regulation
In consideration of the foregoing, subpart F of part 165 of title
33, Code of Federal Regulations, is amended as follows:
PART 165--[AMENDED]
1. The authority citation for part 165 continues to read as
follows:
Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 160.5; 49 CFR
1.46.
2. A temporary Sec. 165.T05-097 is added, to read as follows:
Sec. 165.T05-097 Safety Zone: Atlantic Intracoastal Waterway, between
mile board 235 and 240, Camp Lejuene, North Carolina.
(a) Location. The following area is a safety zone:
(1) The waters of the Atlantic Intracoastal Waterway circumscribed
by a line drawn from the following navigational points: latitude
34 deg.38' North, longitude 077 deg.12.0' West, then south to latitude
34 deg.34.7' North, longitude 077 deg.15.9' West, then east to latitude
34 deg.34.7' North, longitude 077 deg.16.2' West, then north to
latitude 34 deg.38' North, longitude 077 deg.12.2' West, thence to the
beginning.
(2) The safety zone boundary can be described as follows: the zone
will be established between mile boards 235 and 240, Atlantic
Intracoastal Waterway, Camp Lejuene, NC.
(b) Effective Dates. This regulation becomes effective on January
10, 1994 at 8 a.m., and terminates at 5 p.m. February 11, 1994, unless
sooner terminated by the Captain of the Port.
(c) Regulations. (1) In accordance with the general regulation in
Sec. 165.23 of this part, entry into this zone is prohibited unless
authorized by the Captain of the Port.
(2) The Patrol Commander will monitor radio communications on
Channel 16.
(3) The operator of any vessel which enters or operates within this
zone shall:
(i) Stop the vessel immediately upon being directed to do so by any
commissioned, warrant, or petty officer on board a vessel displaying a
Coast Guard Ensign, or by the U.S. Navy Patrol Commander aboard a U.S.
Navy small craft.
(ii) Proceed as directed by any commissioned, warrant, or petty
officer on board a vessel displaying a Coast Guard Ensign, or by the
U.S. Navy Patrol Commander aboard a U.S. Navy small craft.
Dated: December 21, 1993.
C.F. Eisenbeis,
Captain, U.S. Coast Guard, Captain of the Port, Wilmington, NC.
[FR Doc. 94-266 Filed 1-6-94; 8:45 am]
BILLING CODE 4910-14-M
Complete official Federal Register PDF
FR Doc. 94-263 Captain of the Port Zone Boundaries; Correction
[Federal Register Volume 59, Number 5 (Friday, January 7, 1994)]
[Rules and Regulations]
[Pages 947-948]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-263]
[[Page Unknown]]
[Federal Register: January 7, 1994]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Parts 2 and 3
[CGD 93-020]
Captain of the Port Zone Boundaries; Correction
AGENCY: Coast Guard, DOT.
ACTION: Correction to final rule.
-----------------------------------------------------------------------
SUMMARY: This document contains corrections to the final rule on
Captain of the Port (COTP) Zone Boundaries (CGD 93-020) which was
published Monday, October 4, 1993, (58 FR 51726). The regulations
related to extending the Coast Guard COTP zone boundaries seaward to
the limit of the Exclusive Economic Zone (EEZ).
EFFECTIVE DATE: January 7, 1994.
FOR FURTHER INFORMATION CONTACT:
Mary-Jo Cooney Spottswood, Project Manager and Project Counsel, Oil
Pollution Act (OPA 90) Staff, (202) 267-6402.
SUPPLEMENTARY INFORMATION:
Background
The final rule that is the subject of this correction extended the
COTP zone boundaries to the seaward limit of the EEZ and made changes
to the onshore boundaries of several COTP zones.
Need for Correction
A clarification of the boundaries of the Wilmington, North
Carolina, Portland, Oregon, and Honolulu, Hawaii, COTP zones is
necessary.
Correction of Publication
Accordingly, the publication on October 4, 1993, of the final rule
on COTP Zone Boundaries (CGD 93-020), which is the subject of FR Doc.
93-24206, is corrected as follows:
Sec. 3.25-20 [Corrected]
1. On page 51728, in the third column, Sec. 3.25-20(b) is corrected
to read as follows:
* * * * *
(b) The boundary of the Wilmington Marine Inspection Zone and
Captain of the Port Zone starts at the sea at 34 deg.59.8' N. latitude,
76 deg.07.8' W. longitude, and proceeds along a line northwesterly to a
point 35 deg.01.5' N. latitude, 76 deg.10' W. longitude; thence
westerly to a point 35 deg.01.5' N. latitude, 76 deg.20' W. longitude;
thence westerly to a point 35 deg.37' N. latitude, 76 deg.32' W.
longitude; thence northerly and westerly along the western boundaries
of Hyde and Washington Counties to a point 36 deg.00' N. latitude,
76 deg.41' W. longitude; thence northerly along the west bank of the
Chowan River to the North Carolina-Virginia boundary; thence westerly
along the North Carolina-Virginia boundary to Kerr (Buggs Island) Lake;
thence along the shore of Kerr Lake in North Carolina to the North
Carolina-Virginia Boundary; thence westerly along the North Carolina-
Virginia boundary to the Tennessee boundary; thence southwesterly along
the North Carolina-Tennessee boundary to the Georgia boundary; thence
easterly along the North Carolina-Georgia boundary to the South
Carolina boundary; thence easterly along the South Carolina-North
Carolina boundary to the sea. The offshore boundary of the Wilmington
Captain of the Port Zone starts at the coast at 34 deg.59.8' N.
latitude; thence proceeds easterly to the outermost extent of the EEZ;
thence southerly along the outermost extent of the EEZ to a line
bearing 122 deg. T from the intersection of the South Carolina-North
Carolina boundary and the sea to the outermost extent of the EEZ;
thence westerly along a line bearing 122 deg. T to the coast.
Sec. 3.65-15 [Corrected]
2. On page 51731, in the third column, in Sec. 3.65-15(b), the
sentence beginning on line 8 and ending on line 15 is corrected to read
as follows:
* * * * *
(b) * * *
The offshore boundary is bounded on the south by the southern
boundary of the Thirteenth Coast Guard District which is described in
Sec. 3.65-10, to the outermost extent of the EEZ; thence northerly
along the outermost extent of the EEZ to 47 deg.32' N. latitude; thence
easterly along 47 deg.32' N. latitude to the coast.
Sec. 3.70-10 [Corrected]
3. On page 51731, in the third column, Sec. 3.70-10, paragraph
(c)(8) is added before paragraph (d) to read as follows:
* * * * *
(c) * * *
(8) Midway Island and the adjacent waters of the EEZ.
* * * * *
Dated: December 23, 1993.
A.E. Henn,
Rear Admiral, U.S. Coast Guard, Chief, Office of Marine Safety,
Security and Environmental Protection.
[FR Doc. 94-263 Filed 1-6-94; 8:45 am]
BILLING CODE 4910-14-M
Complete official Federal Register PDF
FR Doc. 94-118 Reef Fish Fishery of the Gulf of Mexico
[Federal Register Volume 59, Number 5 (Friday, January 7, 1994)]
[Rules and Regulations]
[Pages 966-978]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-118]
[[Page Unknown]]
[Federal Register: January 7, 1994]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 641
[Docket No. 930946-3338; ID 090993A]
RIN 0648-AE58
Reef Fish Fishery of the Gulf of Mexico
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule.
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SUMMARY: NMFS issues this final rule to implement Amendment 5 to the
Fishery Management Plan for the Reef Fish Resources of the Gulf of
Mexico (FMP) and to make other changes to the regulations This rule
imposes a moratorium on additional participants in the Gulf of Mexico
reef fish fishery who may use fish traps; imposes additional
restrictions on the use of fish traps; increases the minimum allowable
size of red snapper; requires that most finfish be maintained with head
and fins intact through landing; closes an area southwest of Dry
Tortugas, Florida, to all fishing during May and June each year;
creates a special management zone (SMZ) in the EEZ off Alabama in which
there are gear restrictions; and adds to the management measures that
may be adjusted via a framework procedure the establishment or
modification of SMZs and associated gear restrictions. In addition,
NMFS simplifies and clarifies the regulations to conform them to
current usage. The intended effects of this rule are to reduce fishing
mortality of the reef fish resources so that they may be protected and
rebuilt, to enhance enforceability of the regulations, and to otherwise
clarify the regulations.
EFFECTIVE DATES: February 7, 1994, except that Sec. 641.4(o) is
effective February 7, 1994, through February 7, 1997.
FOR FURTHER INFORMATION CONTACT:
Robert Sadler, 813-893-3161.
SUPPLEMENTARY INFORMATION: The reef fish fishery of the Gulf of Mexico
is managed under the FMP. The FMP was prepared by the Gulf of Mexico
Fishery Management Council (Council) and is implemented through
regulations at 50 CFR part 641 under the authority of the Magnuson
Fishery Conservation and Management Act (Magnuson Act).
Detailed descriptions, backgrounds, and rationales for the
management measures in Amendment 5 and the additional measures proposed
by NMFS were included in the proposed rule (58 FR 52063, October 6,
1993) and are not repeated here.
Comments and Responses
Comments were received from 141 entities (including seven that
opposed all measures proposed under Amendment 5, but did not offer
specific rationale). Several comments referred to a specific management
measure but suggested disapproval of all of Amendment 5. A minority
report signed by four Council members objected to all provisions of
Amendment 5 except for the requirement that all fish be landed with
head and fins intact. Comments and responses are summarized, by
subject, as follows.
Moratorium on Fish Traps
Comment: Nineteen individuals, one fish house, and the minority
report objected to the fish trap moratorium as unfair and unnecessary.
Most of the commenters anticipated severe economic impacts and
disruption of their communities if the moratorium is approved.
Generally, the individual commenters were persons who had not landed
reef fish from fish taps before the cutoff date (November 19, 1992)
and, therefore, would not be eligible for fish trap endorsements on
their reef fish permits.
Response: The moratorium was developed in response to public
testimony at Council meetings in 1992 that fishery and ecological
damage, user group conflicts, and other social and economic impacts are
expected if the trap fishery expands. Amendment 5 provides some data
indicating that the use of fish traps in the Gulf of Mexico may be
expanding, in terms of number of participants and geographical range.
However, little or no data are available to assess catch composition or
ecological effects of trap deployment. Although the number of reef fish
vessels is capped by the permit moratorium, there is no limitation on
the number of currently permitted vessels that may use fish traps, and
each vessel may use up to 100 fish traps. The expressed intent of
Amendment 5 is to freeze participation in the fish trap fishery at
levels existing at the time of Council deliberations and public
testimony (November 19, 1992). This includes all those who have
historically depended on the fish trap fishery in the Gulf and who were
participating in the fishery as of the specified cut-off date. It
excludes only new participants entering after that date.
Since all landings by fish traps are required to be reported,
vessel logbook records were selected as the means to verify use of fish
traps. There are approximately 273 reef fish vessel permits that
currently authorize the use of fish traps. Of these, 120 reported
landings from fish traps by November 19, 1992, and 60 reported only
after that date. The other 93 reported no reef fish landings with traps
from 1991 to date.
The Council rejected more severe fish trap management proposals,
including a total ban, and instead proposed the moratorium as an
interim measure to control access to the trap fishery until better
information could be obtained on ecological, biological, social, and
economical effects. NMFS concurs with the Council proposal. Amendment 5
recognizes the need for better information, some of which may become
available under a current NMFS research project.
Comment: Many of the comments also claimed that the Council acted
without adequate public notification, most specifically to fishermen
who made significant financial investments in the trap fishery but
would be ineligible to continue trap fishing under the moratorium.
Response: The Council provided notification of proposed limitations
on the use of fish traps in the reef fish fishery as follows: (1) A
Federal Register notice (57 FR 47235, October 15, 1992) and a news
release sent to Council constituents, NMFS statistical agents, Sea
Grant agents, and newspapers announced upcoming public hearings on
proposed changes to the reef fish regulations, including additional
regulations on the use of fish traps--possibly prohibiting their use,
and provided an opportunity for written comments or participation at
the hearings; (2) a Federal Register notice (57 FR 48510, October 26,
1992) and a November 4, 1992, news release sent to Council
constituents, NMFS statistical agents, Sea Grant agents, and newspapers
announced the Council's scheduled meetings of November 16-19, 1992,
specified the agenda, which included additional regulations on the use
of fish traps, and scheduled a period at the meeting for public
testimony on the proposed changes; (3) a Federal Register notice (57 FR
48510, October 26, 1992) announced a public meeting of the Council's
Reef Fish Advisory Panel and its Standing and Special Reef Fish
Scientific and Statistical Committee scheduled for November 9-10, 1992,
and specified the agenda, which included additional regulations on the
use of fish traps--possibly prohibiting their use; and (4) a newsletter
distributed to Council constituents in early December 1992 announced
the Council's vote on November 19, 1992, for the moratorium. Eight
public hearings at various locations between Key West, Florida, and
Galveston, Texas, were held by the Council prior to the cutoff date,
including a hearing attended by a relatively large number of
participants at the Council meeting on November 18, 1992.
Comment: One individual suggested a total ban on the use of fish
traps in the Gulf of Mexico; another suggested establishing an SMZ to
ban fish traps in the Florida Keys, instead of implementing the
proposed fish trap moratorium.
Response: A total ban on the use of fish traps was proposed in
draft Amendment 5, but later was rejected by the Council in Amendment 5
based on a review of available data and objections raised by the public
and NMFS. According to the analyses and data provided in Amendment 5, a
fish trap ban would not comply with the Magnuson Act national standards
or other applicable law. The moratorium is intended as a temporary
control on the range and extent of the fishery, pending collection of
additional fishery data (as referenced above).
Require Fish Traps To Be Returned to Port on Each Trip
Comment: Four individuals and the Council minority report opposed
this measure as burdensome and unnecessary. Several commenters cited
vessel safety problems and stated that their fishing efforts would be
limited by the number of traps their vessels could carry. However, one
individual supported the proposed requirement.
Response: The current regulations, which do not require that fish
traps be returned to shore after each fishing trip, cause problems with
locating and inspecting, dock-side or in transit, fish traps for
enforcement purposes. Amendment 5 recognizes the costs and limitations
associated with returning all traps to port after each trip,
particularly for smaller vessels unable to carry safely all the traps
they now use. Nonetheless, the Council determined that this measure
provides benefits by providing enforcement opportunities for inspection
of fish traps for compliance with construction, quantity, and tagging
requirements. Moreover, many fish trap fishermen currently utilize this
practice, and therefore would not be affected by the requirement. This
requirement does not inherently create a vessel safety problem. Vessel
owners and operators are encouraged to carry only that number of traps
which can be safely carried given the size and weight of the traps, the
size and tonnage of the vessel, and applicable weather conditions.
Lastly, for these reasons, NMFS concurs with the Council and the
individual commenter supporting the measure.
Buoying Requirements for Fish Traps
Comment: An environmental organization supported this measure. The
minority report objected to the requirement for surface buoys for each
single trap or end traps in a string of traps as increasing the chances
of lost traps and ghost fishing in areas of strong currents and
frequent ship traffic. The report argues that the presently allowed
submerged buoys are sufficient.
Response: The current regulations allow trap buoys to be submerged
and released with pop-up devices. This creates an enforcement problem
locating fish traps at sea and may lead to increased numbers of lost
traps. The requirement for surface buoys for individual traps, or for
each end trap of traps that are connected by a line, is needed to
enhance spotting of traps from the air or at sea for enforcement
purposes. This requirement was not objected to by public comments. No
fishermen agreed with the objections raised in the minority report.
Since available information indicates a need for more effective
regulation of the fish trap fishery, NMFS concurs with the Council and
the environmental organization and supports this management measure as
an appropriate means of regulating fish traps.
Special Management Zones (SMZs) Off Alabama
Amendment 5 proposes to establish three large SMZs off Alabama,
wherein reef fish bag limits and a ``no-sale'' provision would apply to
fishing for reef fish with buoy gear, longlines, or gear with more than
three hooks per line. In response to concerns raised about the proposed
SMZs, NMFS invited public comment on the proposed rule on the following
specific concerns:
(1) What are the effects of establishing areas totaling
approximately 820 square miles (2,124 square km) in which fishing under
the commercial allocations would be severely limited;
(2) What are the effects of the 3-hook limit on the recreational
and commercial user groups;
(3) What are the effects on the rebuilding plan of increasing
availability of red snapper to the recreational fishery, particularly
those in Alabama; and
(4) Are the Alabama SMZs consistent with the fairness and equity
criteria proposed under the proposed framework procedure for adding
SMZs and, if not, should they be consistent?
Comment: The minority report objected to the establishment of the
SMZs. In addition, a total of 105 entities commented on the proposal,
with 74 comments in support and 31 in opposition.
The minority report objected to the SMZs as unfair and therefore in
violation of the Magnuson Act. The report also claimed that: (1) The
Council acted without adequate public notification; (2) no information
was presented on historical uses of the tracts; (3) testimony that
commercial reef fish fishermen also had constructed reefs was ignored
by the Council; and (4) the size of the tracts is so large that
enforcement is impractical. In addition, 26 individuals, two commercial
fishing organizations, and two fish houses offered various objections
to the proposed SMZ designations and gear restrictions. Several
disagreed with a statement in Amendment 5 that pulse and derby fishing
on the red snapper resource was concentrated on the proposed SMZs off
Alabama starting in April 1992. Additionally, a number of commenters
objected to implications in Amendment 5 that the three tracts contained
virtually no natural reefs or hard bottom area. Tracts B and C were
frequently identified as having significant natural reef fish habitat.
Many of the reef fish fishermen claimed that once the red snapper
season closes, bandit gear hook-and-line fishing occurs for vermilion
snapper in the tracts. In addition, several fish houses and fishermen
commented that the vermilion snapper fishery in tracts B and C
typically is separated geographically and in time from the winter
fishery for red snapper. Several comments indicated that vermilion
snapper are relatively low-valued fish which have to be targeted with
large numbers of hooks per line; i.e., they cannot profitably be fished
commercially with three hooks or less. According to one dealer, the
vermilion snapper fishery in the tracts includes as many as 18 vessels
out of Pensacola, Florida, and a similar number from the Destin,
Florida, area. Other commenters indicated that up to 150 commercial
vessels would be impacted adversely by the 3-hook rule. This
information was not available to the Council during debate on Amendment
5.
Several individuals also commented that this proposal, in effect,
unfairly allocates part of the total allowable catch to reef fish
harvesters who meet the 3-hook limit at the expense of users of
longlines, buoy gear, or lines with more than three hooks. In addition,
several of the public comments claim that enforcement efforts would be
complicated by allowing harvest of fish other than reef fish with lines
having more than three hooks and by the unusually large size of the
three tracts. One commenter recommended disapproving tract C; another
recommended disapproving both tracts B and C.
An environmental organization indicated general support for the
SMZs as a means of offering recreational fishing opportunities, but
expressed concern over the resulting impacts on other fisheries once
reef fish gear is restricted. The organization also indicated a need to
control fishing effort on natural reefs.
Response: Concerning the minority report, NMFS has concluded that
the Council provided adequate notification of Council meetings and
public hearings on Amendment 5 (as outlined in our response to comments
on the fish trap moratorium). Eight public hearings were held by the
Council on Amendment 5, including a hearing attended by a relatively
large number of participants in the reef fish fishery at the Council
meeting on November 18, 1992.
Many of the objections raised by the minority report and individual
commenters which contest statements found in Amendment 5 are
supportable by available NMFS information. For example, red snapper
commercial landings for 1992 totalled only about 130,000 pounds from
the statistical grid which includes tracts B and C (statistical grid
10) and were less than previous years. This does not support the
contention in Amendment 5 that pulse overfishing occurred in these two
tracts, or that the artificial reefs produced additional red snapper
which were then taken and landed in commercial quantities. Moreover,
these data do not indicate that the short red snapper season caused
more persons to take excessive advantage of the artificial reefs in
tracts B and C.
The contention of many commenters that the proposed SMZs,
particularly tracts B and C, supported a valuable vermilion snapper
fishery is also supported by available data. NMFS commercial landing
records for 1962-1990 indicate that statistical grid 10 produced the
largest landings of vermilion snapper of all the Gulf grids
(approximately 12 percent of the Gulf-wide catch). The actual catch
from tracts B and C may be higher than 12 percent since 28 percent of
the 1962-1990 vermilion snapper landings cannot be traced to any
statistical grid, and part of tract C extends seaward of the grid 10
boundary.
Due to its proximity to shore, tract A is more readily available
for the harvest of red snapper and could contribute to rapid harvest
upon opening of the 1993 red snapper commercial harvest period.
Additionally, landings data and several of the public comments indicate
that tract A does not support a large fishery for vermilion snapper and
as an SMZ would pose less adverse impact on historical fisheries.
Therefore, tract A appears to be in greater need of the proposed
protection as an SMZ than the other two tracts. The 3-hook rule could
slow the rate of red snapper harvest in that tract should those who
previously used non-conforming gear choose not to compensate by
increasing effort or the number of lines per boat. Tract A also would
incur the least amount of at-sea time needed by enforcement staff to
verify the number of hooks on each reef fish line being used in the
tract.
Tract B (360 square miles (932 square km)) and tract C (360 square
miles (932 square km)) are significantly larger than tract A (100
square miles (259 square km)) and, according to public comments,
contain natural reefs and substantial hard bottom habitat, which is
important for supporting the vermilion snapper fishery. Without
additional rationale, tracts B and C do not appear to be appropriate
candidates for the proposed SMZ designation and gear restrictions,
mainly because of public and NMFS concerns over adverse impacts to the
vermilion snapper fishery documented in those areas.
For these reasons, NMFS approves only tract A for the SMZ
designation and gear restrictions proposed by the Council. Approval of
SMZ tracts B and C is not appropriate given the public comments and
landings data which indicate the presence of an important fishery for
vermilion snapper that was not addressed in Amendment 5 and that would
be unnecessarily eliminated by the 3-hook limit and ``no-sale''
provision.
Comment: Seventy-two individuals, one wildlife organization, and
one recreational fishing organization supported the SMZs and gear
restrictions. The individuals included recreational fishermen and a
builder of artificial reefs, all of whom indicated as a rationale for
their support that artificial reef fish communities (primarily red
snapper) are in need of protection from efficient commercial reef fish
fishing gear. Other comments covered related topics and noted that the
gear restriction would not in itself prohibit commercial fishing but
may extend the season. Several commenters suggested management measures
outside the scope of the proposed rule (i.e., allow only rod-and-reel
fishing in the SMZs). However, many of the 74 comments that supported
the SMZs provided little or no detailed rationale regarding the areas
of concern listed in the proposed rule.
Response: NMFS acknowledges that SMZ designation of some nearshore
artificial reefs may protect the reef fish resources from over
exploitation (for the reasons stated above), and therefore has approved
tract A.
Landings data from the statistical grid that contains tracts B and
C do not support the Council's contention that a significant red
snapper fishery in those tracts displaced either persons who
constructed the artificial reefs or who traditionally fished with fewer
hooks per line. Furthermore, Amendment 5 does not clearly indicate or
analyze the extent of the vermilion snapper commercial fishery whose
participants rely on those tracts for income year round. Unlike red
snapper, vermilion snapper has not been shown to be overfished;
moreover, artificial reefs have not been shown to be of specific
benefit to vermilion snapper.
In addition to the 3-hook rule, a ban on reef fish commercial
longlining (including use of three hooks or less per line) also was
proposed for the area within tract C where that gear currently is
allowed. Amendment 5 did not adequately address the impacts resulting
from the proposed prohibition, particularly on the deepwater grouper
longline fishery.
As indicated by some of the comments, the 3-hook rule in itself
does not prohibit all commercial fishing. Available information,
however, indicates that moving the boundary of the longline and buoy
gear restricted area outside tract C, in combination with the 3-hook
rule in tracts B and C, would effectively have eliminated the
historical fisheries in those tracts.
Framework Procedure for Establishing SMZs
Comment: One environmental organization supported the regulatory
amendment procedure as critical to protecting artificial reefs. One
individual and the minority report objected to the procedure because
they believe it would result in the placement of additional artificial
reefs in tracts B and C, which they believe contain economically
valuable natural reef or line bottom habitat.
Response: It is conceivable that approving the framework procedure
could encourage additional construction of artificial reefs (as
acknowledged in Amendment 5). However, the present disapproval of
tracts B and C should resolve this issue. Furthermore, the framework
procedure is designed to provide for a thorough scientific evaluation
of the benefits and costs and environmental impacts of future proposed
SMZs. The framework procedure specifies that each SMZ would have to be
extensively reviewed by the Council's advisors, monitoring team, and
scientific committee prior to Council review and submittal for
abbreviated rulemaking. Moreover, each framework request must comply
with the six criteria listed in the procedure, including fairness,
equity, and consideration of natural bottom habitat. This would include
tracts B and C should the Council choose to resubmit a revised
framework proposal addressing these areas. Accordingly, NMFS concurs
with the proposed framework procedure for establishing SMZs.
Increases in the Minimum Size Limit for Red Snapper
Comment: Six fishermen contended that additional release mortality
and economic impacts of the increased size limit (including elimination
of a market size) would outweigh any benefits. These concerns also were
contained in the minority report, which noted the potential for imports
replacing that size of red snapper in the U.S. market. One commenter
also noted text from the regulation amendment prepared by the Council
in 1990 that cites impacts of additional mortality in support of the
status quo. Several fishermen feared decreased demand by consumers for
the larger size fillets. Other comments indicated that red snapper are
not in need of additional protection. An environmental organization and
a recreational fishing organization commented in favor of the increased
size limits.
Response: Although there may be some initial short-term adverse
economic impacts associated with the incremental size limit increases,
NMFS economic analyses indicate that the longer term economic gains
should outweigh short-term revenue losses.
Concerning the comment on an earlier Council document that
supported status quo, information is now available that supports the
Council's proposal. For example, red snapper price information from the
1993 season indicates that there was a modest price premium paid for
the one- to two-pound size in the early part of 1993, but by the end of
the season, prices generally were the same for all size categories.
The major advantage of the incremental size increases is that it
will allow for harvest of the fish when yield per recruit is maximized.
Additionally, it aids in the rebuilding of the stock and reduces the
urgency to implement in 1994 the program to reduce bycatch of juvenile
red snapper in the shrimp trawl fishery. The FMP calls for a 50 percent
bycatch reduction in the shrimp fishery by 1994. However, this goal
could not be achieved without significant economic losses to the shrimp
fishery. More recent stock assessment analyses assuming implementation
of the size limit increases indicate various probabilities of stock
recovery by the target year of 2009, based on the following dates for
reaching the specified bycatch reduction goal of 50 percent: early
1994-95 percent, 1995--90 percent; or 1996--70 percent. Moreover, a
very active research program is underway that potentially will provide
bycatch and mortality information leading to the desired bycatch
reduction goal without adversely impacting the fisheries for either
shrimp or red snapper. For these reasons, NMFS concurs with the
proposed increases in the minimum size limit for red snapper.
Mutton Snapper Spawning Aggregation Closure
Comment: The minority report questioned the need for protection of
the aggregation, given that mutton snapper have not been shown to be
overfished. One individual claimed that no significant bycatch of
mutton snapper occurs while fishing for yellowtail snapper, and that
closure of the area to all fishing is therefore unnecessary.
Response: Mutton snapper have been shown to be particularly
vulnerable to harvest during the spawning season. Species that
aggregate for spawning are vulnerable to fishing effort and
traditionally are easier to catch at that time. In addition, they may
be caught before spawning activity occurs. While the resource may not
be overfished Gulf-wide, local overfishing could occur in the
aggregation. Moreover, allowing fishing for other species could
complicate enforcement of the closure, and vessels targeting mutton
snapper could have the opportunity to discard their catch before being
boarded by an authorized officer. The benefits of the action could be
reduced significantly by mutton snapper release mortality as part of
fishing for other species. For these reasons, the proposed closure to
all fishing is necessary to protect the spawning individuals during
this critical period. Accordingly, NMFS concurs with the spawning
aggregation closure.
Finfish Landed With Head and Fins Intact
Comment: An environmental organization supported this proposal.
Response: NMFS concurs with the Council and the commenter.
Changes From the Proposed Rule
Section 641.4(b)(2)(xiii)(C) requires an applicant for a vessel
permit to sign a statement that he or she will allow an authorized
officer reasonable access to his or her property to examine fish traps
for compliance with the regulations. NMFS finds that this requirement
is unnecessary. Accordingly, as a technical amendment, this final rule
removes Sec. 641.4(b)(2)(xiii)(C).
Section 641.4(o)(1) in the proposed rule specified that a fish trap
endorsement will not be issued or renewed unless the vessel for which
the endorsement is requested and its current owner have records of
landings of reef fish from fish traps in the EEZ of the Gulf of Mexico
during 1991 or 1992, as reported on fishing vessel logbooks received by
the Science and Research Director on or before November 19, 1992. As a
result, persons with the qualifying catch record, but who have sold or
transferred the vessel from which reef fish were harvested with fish
traps and reported to NMFS, would be ineligible if the current
regulations are implemented. NMFS finds that this requirement is
inconsistent with the Council's intent, which was to limit the use of
fish traps to those persons who had participated in the fish trap
fishery and whose reports had been received as of November 19, 1992.
Accordingly, Sec. 641.4(o)(1) is re-written to specify that a fish trap
endorsement will not be issued or renewed unless the current owner of
the vessel for which the endorsement is requested has a record of
landings of reef fish from fish traps in the EEZ of the Gulf of Mexico
during 1991 or 1992, as reported on fishing vessel logbooks received by
the Science and Research Director on or before November 19, 1992.
Changes from the proposed rule to effect implementation of the
moratorium have been made at Sec. 641.4 (a)(4) and (o)(2) and
Sec. 641.7(y). For the initial implementation of the moratorium on fish
trap endorsements, NMFS intends to reissue the permit for each vessel
that meets the criteria for the fish trap endorsement. Such reissued
permit will have a ``Date Issued'' of February 7, 1994, the effective
date of this final rule, and will be endorsed for the use of fish
traps. On and after that date, a fish trap endorsement is valid only
when it is on such a reissued permit. A fish trap endorsement on a
permit issued before that date will not be valid. Each owner of a
vessel that has a permit that currently authorizes the use of fish
traps will receive by January 24, 1994, either a reissued permit with a
fish trap endorsement or a letter advising him or her that the current
fish trap endorsement on the permit will not be valid as of February 7,
1994.
With removal from the regulations of the specific information that
must be included in required reports by fishing vessels, the term
``statistical area'' is no longer used. Accordingly, this final rule
removes the definition of ``statistical area'' from Sec. 641.2 and
removes Figure 2, which depicts the statistical grids, from Appendix A.
Depiction of the grids is included with the reporting forms that are
provided by the Science and Research Director.
The proposed rule to implement Amendment 5 contained changes to
Sec. 641.5(d), the reporting requirements for dealers and processors.
The proposed changes were minor, primarily for standardization. More
substantive changes to these reporting requirements are contained in
Amendment 7 to the FMP, the proposed rule for which was published on
October 27, 1993 (58 FR 57771). Accordingly, the proposed changes to
Sec. 641.5(d) in the rule to implement Amendment 5 are deleted.
In Sec. 641.22, paragraph (b)(2)(iii)(A) is revised to clarify that
untreated jute string may not be wrapped or overlapped when used as
degradable material. Wrapping or overlapping overly prolongs the time
for the material to degrade.
In Secs. 641.6(e) and 641.22(b)(7), language in the proposed rule
regarding buoys on each end of a ``string'' of traps is revised. Trap
fishermen refer to traps placed in a line as a ``string,'' even when
such traps are not connected. For clarity, this final rule requires
buoys for marking individual, separate traps or each end trap of traps
that are connected by a line.
In Sec. 641.23(d), for the reasons discussed above, proposed SMZs B
and C have been deleted. Concomitantly, in Appendix A, the proposed
change to Table 2, and that part of the proposed change to Figure 5
that would have moved the seaward limits of the longline and buoy gear
restricted area so that all of proposed SMZ C would be shoreward of the
limits, are deleted.
Figures 4 and 5 in Appendix A have been enlarged to more clearly
depict the seaward limits of the stressed area and of the longline and
buoy gear restricted area, respectively. Figures 3 through 6 now depict
each of the limits separately for the eastern and western portions of
the Gulf of Mexico.
Partial Disapproval of Amendment 5
On December 16, 1993, the Secretary of Commerce (Secretary)
partially disapproved Amendment 5. As discussed above, the provisions
that would have established tracts B and C as SMZs were disapproved.
Classification
The Secretary determined that Amendment 5 is necessary for the
conservation and management of the reef fish fishery and that it is
consistent with the national standards, other provisions of the
Magnuson Act, and other applicable law, with the exception of the
provisions that would have established SMZs B and C.
The Council prepared a regulatory impact review as part of
Amendment 5. A summary of the regulatory impacts was contained in the
proposed rule and is not repeated here.
The Council prepared an initial regulatory flexibility analysis
(RFA) for this action. The initial RFA has been adopted as final
without change. The final RFA concludes that the measures in this final
rule, considered individually, would not have a significant economic
impact on small entities, but, considered collectively, would have a
significant economic impact on a substantial number of small entities.
The Council prepared a final supplemental environmental impact
statement (SEIS) for Amendment 5 that discusses the impacts on the
environment of the reef fish fishery and the impacts that would result
from implementation of the amendment. The final SEIS was filed with the
Environmental Protection Agency (EPA). EPA published on October 15,
1993, (58 FR 53512) a notice of availability of the final SEIS for a
30-day comment period.
The Council determined that the proposed rule would be implemented
in a manner that is consistent to the maximum extent practicable with
the approved coastal zone management programs of Alabama, Florida,
Louisiana, and Mississippi. Texas does not have an approved coastal
zone management program. These determinations were submitted for review
by the responsible state agencies under section 307 of the Coastal Zone
Management Act. Louisiana and Mississippi agreed with this
determination. Alabama and Florida did not respond within the statutory
time period; therefore, state agency agreement with the consistency
determination is presumed.
This final rule involves, but does not change, collection-of-
information requirements subject to the Paperwork Reduction Act,
specifically, fishing vessel permits and fishing vessel reports. These
requirements were previously approved by the Office of Management and
Budget under OMB Control Numbers 0648-0205 and 0648-0016, respectively.
The public reporting burdens for these collections of information,
estimated to average 15 and 10-18 minutes per response, respectively,
are not changed by this rule. Send comments regarding these burdens or
any other aspect of these collections of information, including
suggestions for reducing the burdens, to Edward E. Burgess, Southeast
Regional Office, NMFS, 9450 Koger Boulevard, St. Petersburg, FL 33702,
and to the Office of Information and Regulatory Affairs, Office of
Management and Budget (Attention: NOAA Desk Officer), Washington, DC
20503.
This rule is not significant and is not subject to review under
E.O. 12866.
This final rule does not contain policies with federalism
implications sufficient to warrant preparation of a federalism
assessment under E.O. 12612.
List of Subjects in 50 CFR Part 641
Fisheries, Fishing, Reporting and recordkeeping requirements.
Dated: December 30, 1993.
Nancy Foster,
Deputy Assistant Administrator for Fisheries, National Marine Fisheries
Service.
For the reasons set forth in the preamble, 50 CFR part 641 is
amended as follows:
PART 641--REEF FISH FISHERY OF THE GULF OF MEXICO
1. The authority citation for part 641 continues to read as
follows:
Authority 16 U.S.C. 1801 et seq.
2. In Sec. 641.1, paragraph (b) is revised to read as follows:
Sec. 641.1 Purpose and scope.
* * * * *
(b) This part governs conservation and management of reef fish in
the Gulf of Mexico EEZ, except that Secs. 641.5 and 641.25 also apply
to fish from adjoining state waters. The boundary between the Gulf of
Mexico EEZ and the Atlantic Ocean EEZ begins at the intersection of the
outer boundary of the EEZ and 83 deg.00'W. longitude, proceeds north to
24 deg.35'N. latitude (near Dry Tortugas), east to Marquesas Key, then
through the Florida Keys to the mainland.
Sec. 641.2 [Amended]
3. In Sec. 641.2, the definition for ``Statistical area'' is
removed.
4. In Sec. 641.4, paragraphs (b)(2)(xiii)(C) and (b)(2)(xiv) are
removed; paragraphs (a)(1), (a)(4), (b)(1), (b)(2) introductory text,
(b)(2)(xi), (b)(2)(Xiii)(B), (h), (i), and (k) are revised; and new
paragraph (o) is added to read as follows:
Sec. 641.4 Permits and fees.
(a) * * *
(1) As a prerequisite to selling reef fish and to be eligible for
exemption from bag the limits specified in Sec. 641.24(b), an owner or
operator of a vessel that fishes in the EEZ must obtain an annual
vessel permit.
* * * * *
(4) To possess or use a fish trap in the EEZ, an annual vessel
permit for reef fish with a valid fish trap endorsement thereon must be
issued to the vessel and must be on board the vessel. (See paragraph
(o)(2) of this section for information on the validity of a fish trap
endorsement.) In addition, a color code for marking the vessel and trap
buoys must be obtained from the Regional Director.
* * * * *
(b) * * *
(1) An application for a vessel permit must be submitted and signed
by the owner or operator of the vessel. The application must be
submitted to the Regional Director at least 30 days prior to the date
on which the applicant desires to have the permit made effective.
(2) A permit applicant must provide the following information:
* * * * *
(xi) A sworn statement by the applicant certifying that more than
50 percent of his or her earned income was derived from commercial
fishing, that is, sale of the catch, or charter or headboat operations,
during either of the two calendar years preceding the application;
* * * * *
(xiii) * * *
(B) The applicant's desired color code for use in identifying his
or her vessel and buoys (white is not an acceptable color code).
* * * * *
(h) Display. A permit or endorsement issued under this section must
be carried on board the fishing vessel and such vessel must be
identified as provided for in Sec. 641.6. The operator of a fishing
vessel must present the permit or endorsement for inspection upon
request of an authorized officer.
(i) Sanctions and denials. A permit or endorsement issued pursuant
to this section may be revoked, suspended, or modified, and a permit or
endorsement application may be denied, in accordance with the
procedures governing enforcement-related permit sanctions and denials
found at subpart D of 15 CFR part 904.
* * * * *
(k) Replacement. A replacement permit or endorsement may be issued.
An application for a replacement permit or endorsement will not be
considered a new application. A fee, the amount of which is stated with
the application form, must accompany each request for a replacement.
* * * * *
(o) Moratorium on fish trap endorsements. The provisions of this
paragraph (o) are effective through February 7, 1997.
(1) A fish trap endorsement will not be issued or renewed unless
the current owner of the permitted vessel for which the endorsement is
requested has a record of landings of reef fish from fish traps in the
EEZ of the Gulf of Mexico during 1991 or 1992, as reported on fishing
vessel logbooks received by the Science and Research Director on or
before November 19, 1992. An owner will not be issued fish trap
endorsements for vessels in numbers exceeding the number of vessels for
which the owning entity had the requisite reported landings in 1991 or
1992.
(2) A fish trap endorsement on a vessel permit issued under this
section that has a ``Date Issued'' of February 7, 1994, or later, is
valid. Endorsements on permits issued before that date are not valid.
(3) An owner of a vessel with a fish trap endorsement may transfer
the endorsement to another vessel owned by the same entity by returning
the existing endorsement with an application for an endorsement for the
replacement vessel.
(4) A fish trap endorsement is not transferable upon purchase of a
vessel with a fish trap endorsement, the provisions of paragraph (1)(3)
of this section regarding purchase of a vessel with a reef fish permit
notwithstanding.
(5) A fish trap endorsement that is not renewed or that is revoked
will not be reissued.
5. In Sec. 641.5, paragraphs (b), (c), (f), (g), and (i) are
revised to read as follows:
Sec. 641.5 Recordkeeping and reporting.
* * * * *
(b) Vessels fishing with fish traps. The owner or operator of a
vessel for which a fish trap endorsement has been issued under
Sec. 641.4, or the owner or operator of a vessel that uses a fish trap
in adjoining state waters, must maintain a fishing record on a form
available from the Science and Research Director. These forms must be
submitted to the Science and Research Director so as to be received not
later than 7 days after the end of each fishing trip. If no fishing
occurred during a month, a report so stating must be submitted on one
of the forms to be received not later than 7 days after the end of each
month. Information to be reported is indicated on the form and its
accompanying instructions.
(c) Vessels not fishing with fish traps. The owner or operator of a
vessel for which a reef fish permit has been issued under Sec. 641.4,
or the owner or operator of a vessel that harvests reef fish in
adjoining state waters, and who is selected by the Science and Research
Director, must maintain a fishing record on a form available from the
Science and Research Director. These forms must be submitted to the
Science and Research Director on a monthly basis (or more frequently,
if requested by the Science and Research Director) so as to be received
not later than 7 days after the end of the reporting period. If no
fishing occurred during a reporting period, a report so stating must be
submitted on one of the forms to be received not later than 7 days
after the end of the reporting period. Information to be reported is
indicated on the form and its accompanying instructions.
* * * * *
(f) Charter vessels. The owner or operator of a charter vessel that
fishes for or lands reef fish under the bag limits in the Gulf of
Mexico EEZ or in adjoining state waters, and who is selected by the
Science and Research Director, must maintain a daily fishing record for
each trip on forms provided by the Science and Research Director. These
forms must be submitted to the Science and Research Director on a
weekly basis so as to be received not later than 7 days after the end
of each week (Sunday). Information to be reported is indicated on the
form and its accompanying instructions.
(g) Headboats. The owner or operator of a headboat that fishes for
or lands reef fish under the bag limits in the Gulf of Mexico EEZ or in
adjoining state waters, and who is selected by the Science and Research
Director, must maintain a daily fishing record for each trip, or a
portion of such trips as specified by the Science and Research
Director, on forms provided by the Science and Research Director. These
forms must be submitted to the Science and Research Director at least
monthly so as to be received not later than 7 days after the end of
each month. Information to be reported is indicated on the form and its
accompanying instructions.
* * * * *
(i) Additional data and inspection. Additional data will be
collected by authorized statistical reporting agents, as designees of
the Science and Research Director, and by authorized officers. An owner
or operator of a fishing vessel and a dealer or processor are required
upon request to make reef fish or parts thereof available for
inspection by the Science and Research Director or an authorized
officer.
6. In Sec. 641.6, the section heading and paragraphs (a) through
(e) are revised to read as follows:
Sec. 641.6 Vessel and gear identification.
(a) Official number. A vessel for which a permit has been issued
under Sec. 641.4 must display its official number--
(1) On the port and starboard sides of the deckhouse or hull and on
an appropriate weather deck so as to be clearly visible from an
enforcement vessel or aircraft;
(2) In block arabic numerals in contrasting color to the
background;
(3) At least 18 inches (45.7 cm) in height for fishing vessels over
65 feet (19.8 m) in length and at least 10 inches (25.4 cm) in height
for all other vessels; and
(4) Permanently affixed to or painted on the vessel.
(b) Color code. In addition to its official number, a vessel for
which a fish trap endorsement has been issued under Sec. 641.4 must
display its color code--
(1) On the port and starboard sides of the deckhouse or hull and on
an appropriate weather deck so as to be clearly visible from an
enforcement vessel or aircraft;
(2) In the form of a circle at least 20 inches (50.8 cm) in
diameter; and
(3) Permanently affixed to or painted on the vessel.
(c) Duties of operator. The operator of each fishing vessel
specified in paragraph (a) or (b) of this section must--
(1) Keep the official number and color code clearly legible and in
good repair; and
(2) Ensure that no part of the fishing vessel, its rigging, fishing
gear, or any other material aboard obstructs the view of the official
number and color code from an enforcement vessel or aircraft.
(d) Fish traps. A valid identification tag, available from the
Regional Director, must be affixed to each fish trap used or possessed
in the EEZ and to each fish trap aboard a vessel for which a fish trap
endorsement has been issued under Sec. 641.4. Such tag shows the
specific tag number (normally 1 through 100, or less), the permit
number, and the month and year through which the permit and tag are
valid.
(e) Buoys. Each buoy used to mark a fish trap, or each end trap of
traps that are connected by a line, must display the designated color
code and permit number so as to be easily distinguished, located, and
identified.
* * * * *
7. In Sec. 641.7, paragraphs (a), (b), (g), (i), (k), (l), and (s)
are revised and new paragraphs (y) through (cc) are added to read as
follows:
Sec. 641.7 Prohibitions.
(a) Falsify information specified in Sec. 641.4(b)(2) on an
application for a vessel permit, or information on an application for
an endorsement on a permit.
(b) Fail to display a permit or endorsement, as specified in
Sec. 641.4(h).
* * * * *
(g) Possess a finfish without its head and fins intact, as
specified in Sec. 641.21(b).
* * * * *
(i) Use or possess in the EEZ a fish trap that does not conform to
the requirements for escape windows, panels and access doors with
degradable fasteners, mesh sizes, and buoys, as specified in
Sec. 641.22 (b)(1), (b)(2), (b)(3), and (b)(7).
* * * * *
(k) Fish or possess in the EEZ more than 100 fish traps per vessel,
as specified in Sec. 641.22(b)(5).
(l) Pull or tend a fish trap, except during the hours specified in
Sec. 641.22(b)(6)(i); tend, open, pull, or otherwise molest or have in
possession another person's fish trap, except as specified in
Sec. 641.22(b)(6)(ii); or fail to retrieve all fish traps and return
them to port on each trip, as specified in Sec. 641.22(b)(6)(iii).
* * * * *
(s) Purchase, barter, trade, or sell, or attempt to purchase,
barter, trade, or sell, a reef fish possessed under the bag limits, as
specified in Sec. 641.24(g).
* * * * *
(y) Use or possess in the EEZ a fish trap without a valid fish trap
endorsement, as specified in Sec. 641.4(a)(4) and (o)(2).
(z) During May and June, fish in Riley's Hump, as specified in
Sec. 641.23(c).
(aa) In a special management zone, fish for reef fish with
prohibited or unauthorized fishing gear, or, after having fished in a
special management zone for species other than reef fish, exceed the
possession and landing limits for reef fish; as specified in
Sec. 641.23(d).
(bb) Make any false statement, oral or written, to an authorized
officer concerning the taking, catching, harvesting, landing, purchase,
sale, possession, or transfer of a reef fish.
(cc) Interfere with, obstruct, delay, or prevent by any means an
investigation, search, seizure, or disposition of seized property in
connection with enforcement of the Magnuson Act.
8. In Sec. 641.21, paragraphs (a)(1) and (b) are revised to read as
follows:
Sec. 641.21 Harvest limitations.
(a) * * *
(1) Red snapper--
(i) Effective through December 31, 1995--14 inches (35.6 cm) total
length;
(ii) Effective January 1, 1996, through December 31, 1997--15
inches (38.1 cm) total length;
(iii) Effective January 1, 1998--16 inches (40.6 cm) total length.
* * * * *
(b) Head and fins intact.
(1) Except as specified in paragraphs (b)(2), (b)(3), and (b)(4) of
this section, a finfish possessed in the EEZ in the Gulf of Mexico must
have its head and fins intact and such finfish taken from the EEZ must
have its head and fins intact through landing. Such finfish may be
eviscerated, gilled, and scaled but must otherwise be maintained in a
whole condition.
(2) Shark, swordfish, and tuna species are exempt from the
requirements of paragraph (b)(1) of this section.
(3) Bait is exempt from the requirements of paragraph (b)(1) of
this section.
(i) For the purpose of this paragraph (b)(3), bait means--
(A) Packaged, headless fish fillets that have the skin attached and
are frozen or refrigerated;
(B) Headless fish fillets that have the skin attached and are held
in brine; or
(C) Small pieces no larger than 3 cubic inches (7.6 cubic cm) or
strips no larger than 3 inches by 9 inches (7.6 cm by 22.9 cm) that
have the skin attached and are frozen, refrigerated, or held in brine.
(ii) Paragraph (b)(3)(i) of this section notwithstanding, a finfish
or part thereof possessed in or landed from the EEZ that is
subsequently sold, purchased, traded, or bartered or attempted to be
sold, purchased, traded, or bartered as a finfish species, rather than
as bait, is not bait.
(4) Legal-sized finfish possessed for consumption at sea aboard the
harvesting vessel are exempt from the requirements of paragraph (b)(1)
of this section provided--
(i) Such finfish do not exceed any applicable bag limit;
(ii) Such finfish do not exceed 1.5 pounds (680 gm) of finfish
parts per person on board; and
(iii) The vessel is equipped to cook such finfish on board.
* * * * *
9. In Sec. 641.22, in paragraph (b)(3) introductory text, the
reference to ``Figure 3'' is revised to read ``Figure 2''; paragraphs
(b)(2)(i), (b)(2)(ii), (b)(2)(iii) introductory text, (b)(2)(iii)(A),
(b)(5) and (b)(6) are revised; and new paragraph (b)(7) is added to
read as follows:
Sec. 641.22 Gear restrictions.
* * * * *
(b) * * *
(2) * * *
(i) A panel or access door must be located opposite each side of
the trap that has a funnel.
(ii) The opening covered by each panel or access door must be 144
square inches (929 square cm) or larger, with one dimension of the area
equal to or larger than the largest interior axis of the trap's throat
(funnel) with no other dimension less than 6 inches (15.2 cm).
(iii) The hinges and fasteners of each panel or access door must be
constructed of one of the following degradable materials:
(A) Untreated jute string of 3/16-inch (4.76-mm) diameter or
smaller that is not wrapped or overlapped; or
* * * * *
(5) Effort limitation. The maximum number of traps that may be
assigned to, possessed, or fished in the EEZ by a vessel is 100.
(6) Tending traps.
(i) A reef fish trap may be pulled or tended only during the period
from official (civil) sunrise to official (civil) sunset.
(ii) Except for inspection of a fish trap by an authorized officer,
a reef fish trap may be tended only by a person aboard the vessel for
which the fish trap endorsement has been issued under Sec. 641.4 to
fish such trap, or aboard another vessel if such vessel has on board
written consent of the owner or operator of the vessel with the fish
trap endorsement. Such written consent is valid solely for the removal
of fish traps from the EEZ, and harvest of fish incidental to such
removal, when vessel or equipment breakdown prevents the vessel with
the fish trap endorsement from retrieving its traps.
(iii) The operator of a vessel from which a fish trap is deployed
in the EEZ must retrieve all the vessel's fish traps and return them to
port on each trip. A fish trap that is not returned to port on a trip,
and its attached line and buoy, may be disposed of in any appropriate
manner by the Secretary (including an authorized officer). If an owner
of such trap or the operator of the responsible vessel can be
ascertained, the owner and/or operator is subject to appropriate civil
penalties.
(7) Buoys. A buoy that floats on the surface must be attached to
each fish trap, or to each end trap of traps that are connected by a
line, used in the EEZ.
10. In Sec. 641.23, in paragraphs (a)(3) and (b)(3), the concluding
parenthetical phrases are revised; and new paragraphs (c) and (d) are
added to read as follows:
Sec. 641.23 Area limitations.
(a) * * *
(3) * * * (See also Appendix A, Figures 3 and 4.)
(b) * * *
(3) * * * (See also Appendix A, Figures 5 and 6.)
(c) Riley's Hump seasonal closure. From May 1 through June 30 each
year, Riley's Hump, southwest of Dry Tortugas, Florida, is closed to
all fishing. Riley's Hump is enclosed by rhumb lines joining the
following points in the order listed:
------------------------------------------------------------------------
Point Latitude Longitude
------------------------------------------------------------------------
A...................... 24 deg.32.2' N......... 83 deg.08.7' W.
B...................... 24 deg.32.2' N......... 83 deg.05.2' W.
C...................... 24 deg.28.7' N......... 83 deg.05.2' W.
D...................... 24 deg.28.7' N......... 83 deg.08.7' W.
A...................... 24 deg.32.2' N......... 83 deg.08.7' W.
------------------------------------------------------------------------
(d) Special management zones (SMZs).
(1) The following artificial reef and surrounding area is
established as an SMZ: Alabama--A. The area is bounded by rhumb lines
connecting the following points in the order listed:
------------------------------------------------------------------------
Point Latitude Longitude
------------------------------------------------------------------------
A...................... 30 deg.02.5' N......... 88 deg.07.7' W.
B...................... 30 deg.02.6' N......... 87 deg.59.3' W.
C...................... 29 deg.55.0' N......... 87 deg.55.5' W.
D...................... 29 deg.54.5' N......... 88 deg.07.5' W.
A...................... 30 deg.02.5' N......... 88 deg.07.7' W.
------------------------------------------------------------------------
(2) In the SMZ specified in paragraph (d)(1) of this section,
fishing for reef fish is limited to hook-and-line gear with three or
less hooks per line and spearfishing gear. For the purpose of this
paragraph (d)(2), fishing for reef fish means possessing reef fish
aboard or landing reef fish from--
(i) A vessel that is operating as a charter vessel or headboat;
(ii) A recreational vessel, that is, a vessel that is not in a
commercial fishery; or
(iii) A vessel that has been issued a permit under Sec. 641.4 when
the reef fish aboard or landed from the vessel exceed a bag limit
specified in Sec. 641.24(b), for a species that has a bag limit, or
exceed 5 percent by weight of all fish aboard, for other reef fish.
(3) A person aboard a vessel that uses in an SMZ gear other than
hook-and-line gear with three or fewer hooks per line and spearfishing
gear to fish for species other than reef fish may not possess reef fish
in excess of the bag limits specified in Sec. 641.24(b), for those
species that have a bag limit, and in excess of 5 percent by weight of
all fish aboard, for other reef fish, and may not land from a trip on
which fishing was conducted in an SMZ, reef fish in excess of those
limits.
11. In Sec. 641.24, in paragraph (c)(1), the phrase ``as required
by the U.S. Coast Guard for trips of over 12 hours'' is removed; and
paragraphs (a) and (g) are revised to read as follows:
Sec. 641.24 Bag and possession limits.
(a) Applicability.
(1) Bag limits apply to a person--
(i) Who fishes from a fixed structure in the EEZ; or
(ii) Aboard a vessel that fishes in the EEZ, or aboard a fishing
vessel that possesses reef fish in the EEZ,
(A) Without a permit specified in Sec. 641.4 on board,
(B) With trawl gear or entangling net gear on board,
(C) With a longline or buoy gear on board when such vessel is
fishing or has fished on its present trip in the longline and buoy gear
restricted area specified in Sec. 641.23(b),
(D) That is operating as a charter vessel or headboat, or
(E) For a species for which the quota specified in Sec. 641.25 has
been reached and closure has been effected.
(2) For the purpose of paragraph (a)(1)(ii)(B) of this section, a
vessel is considered to have trawl gear on board when trawl doors and a
net are on board. Removal from the vessel of all trawl doors or all
nets constitutes removal of trawl gear.
(3) For the purpose of paragraph (a)(2)(ii)(C) of this section, a
vessel is considered to have a longline on board when a power-operated
longline hauler, a cable of diameter and length suitable for use in the
longline fishery, and gangions are on board. Removal of any one of
these three elements, in its entirety, constitutes removal of a
longline.
* * * * *
(g) Sale. A reef fish possessed under the bag limits specified in
paragraph (b) of this section may not be purchased, bartered, traded,
or sold, or attempted to be purchased, bartered, traded, or sold.
Sec. 641.27 [Amended]
12. In Sec. 641.27, in paragraph (a), the reference to
``641.24(a)(2)(ii)'' is revised to read ``641.24(a)(1)(ii)(B)''.
13. Section 641.28 is revised to read as follows:
Sec. 641.28 Adjustment of management measures.
In accordance with the procedures and limitations of the Fishery
Management Plan for the Reef Fish Resources of the Gulf of Mexico, the
Regional Director may--
(a) Establish or modify for species or species groups in the reef
fish fishery the following: target dates for rebuilding overfished
species, total allowable catch, bag limits, size limits, vessel trip
limits, closed seasons or areas, gear restrictions, and quotas; and
(b) Establish or modify special management zones and the gear
restrictions applicable in each.
Appendix A to Part 641--[Amended]
14. In Appendix A to part 641, Figures 2, 4, Seaward Limits of the
Stressed Area, and 5 are removed; Figure 4, Examples of mesh sizes
meeting the measurement criteria, is redesignated as Figure 2; and new
Figures 3 through 6 are added to read as follows:
BILLING CODE 3510-22-M
TR07JA94.002
TR07JA94.003
TR07JA94.004
TR07JA94.005
[FR Doc. 94-118 Filed 1-6-94; 8:45 am]
BILLING CODE 3510-22-C
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