issue-1996-05-24•Federal Register final rules — 1996-05-24
Federal Register final rules — 1996-05-24
issue-1996-05-24Federal Register final rules — 1996-05-24Regulation
Published Federal Register documents, not public-inspection drafts. The GPO XML/text rendition is a research aid; the linked complete official PDF retains the printed layout and all graphics. Graphics are retained in that PDF and are not independently reproduced in this text rendition. Publication does not establish that every provision remains legally in force.
FR Doc. 96-13404 Temporary Prohibition of Oxygen Generators as Cargo in Passenger Aircraft
[Federal Register Volume 61, Number 102 (Friday, May 24, 1996)]
[Rules and Regulations]
[Pages 26418-26419]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-13404]
[[Page 26417]]
_______________________________________________________________________
Part VII
Department of Transportation
_______________________________________________________________________
Research and Special Programs Administration
_______________________________________________________________________
49 CFR Parts 171 and 173
Temporary Prohibition of Oxygen Generators as Cargo in Passenger
Aircraft; Interim Final Rule
Federal Register / Vol. 61, No. 102 / Friday, May 24, 1996 / Rules
and Regulations
[[Page 26418]]
DEPARTMENT OF TRANSPORTATION
Research and Special Programs Administration
49 CFR Parts 171 and 173
[Docket No. HM-224, Amdt No. 171-146, 173-254]
RIN 2137-AC89
Temporary Prohibition of Oxygen Generators as Cargo in Passenger
Aircraft
AGENCY: Research and Special Programs Administration (RSPA), DOT.
ACTION: Interim final rule.
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SUMMARY: To protect life and property, RSPA is issuing an interim final
rule temporarily prohibiting the offering for transportation and
transportation of oxygen generators as cargo in passenger-carrying
aircraft. This rule applies to both foreign and domestic passenger-
carrying aircraft entering, leaving or operating in the United States
and to any person offering an oxygen generator for transportation on
any passenger-carrying aircraft.
DATES: Effective date: This interim final rule is effective May 24,
1996.
Comment date: Comments must be received by July 23, 1996.
ADDRESSES: Address comments to the Dockets Unit, Research and Special
Programs Administration, U.S. Department of Transportation, room 8421,
400 Seventh Street, SW, Washington, DC 20590-0001. Comments should
identify the docket number and be submitted in five copies. Persons
wishing to receive confirmation of receipt of their comments should
include a self-addressed, stamped postcard. The Dockets Unit is located
in the Department of Transportation headquarters building (NASSIF
Building) at the above address on the eighth floor. Public dockets may
be reviewed there between the hours of 8:30 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: William E. Vincent, Acting Director,
Office of Policy and Program Support, (202) 366-4831, Research and
Special Programs Administration, U.S. Department of Transportation, 400
Seventh Street SW, Washington DC 20590-0001.
SUPPLEMENTARY INFORMATION:
I. Background
Under a Secretarial delegation (49 CFR 1.53(b)), the Research and
Special Programs Administration (RSPA) is the administration within the
Department of Transportation (DOT) primarily responsible for issuing
regulations implementing the Federal hazardous material transportation
law (Federal hazmat law), 49 U.S.C. 5101-5127. Under this delegated
authority, RSPA has issued the Hazardous Materials Regulations (HMR),
49 CFR Parts 171-180.
Under delegations from the Secretary of Transportation (49 CFR Part
1), the authority for enforcement under the Federal hazmat law is
shared by RSPA and each of four modal administrations: the Federal
Highway Administration, the Federal Railroad Administration, the
Federal Aviation Administration (FAA), and the United States Coast
Guard. FAA has primary enforcement authority concerning transportation
and shipments of hazardous materials by air. 49 CFR 1.47(k).
The National Transportation Safety Board and the FAA are
investigating a recent accident involving a passenger-carrying
aircraft. Preliminary evidence indicates that oxygen generators
(chemical) were carried as cargo on board the aircraft and may have
caused, or contributed to the severity, of the accident. Oxygen
generators are safely installed inside thermal protective casings in
the cabins of many passenger-carrying aircraft to provide oxygen in
emergencies to passengers and certain crew members.
Some persons have offered, and some air carriers have transported,
uninstalled generators as cargo on passenger-carrying aircraft under
authority in the HMR, including Secs. 175.10(a)(2) and 171.11 (which
authorizes use of the International Civil Aviation Organization (ICAO)
Technical Instructions).
In order to preclude the possibility that an oxygen generator
carried as cargo may cause or contribute to a future incident in air
commerce, RSPA is issuing this interim final rule prohibiting until
January 1, 1997, with one exception, transportation in passenger-
carrying aircraft, and offering for transportation in passenger-
carrying aircraft, any oxygen generator as cargo. This regulation
applies to both foreign and domestic aircraft entering, leaving or
operating in the United States and to any person offering an oxygen
generator for transportation on any of those aircraft as cargo.
This regulation applies to oxygen generators (chemical) and not to
cylinders containing compressed oxygen. Unlike oxygen generators
(chemical), compressed oxygen cylinders do not involve heat-producing
mixing of chemicals to create oxygen. To clarify the applicability of
the prohibition in this rule, RSPA is adding a definition of ``oxygen
generator (chemical)'' to 49 CFR Sec. 171.8. That definition reads ``a
device containing chemicals that upon activation release oxygen as a
product of chemical reaction.''
Exceptions to the prohibition are provided for an oxygen generator
for medical use of a passenger that is carried in the passenger cabin
and meets the specific safety requirements of Sec. 175.10(a)(7) and for
a small oxygen generator for personal use that is transported as
checked baggage and meets the specific safety requirements of
Sec. 175.10(a)(24).
Because of the potential safety risk posed by continued
transportation of oxygen generators as cargo in passenger-carrying
aircraft, RSPA has determined that good cause exists for making this
rule effective less than 30 days from its issuance and that notice and
comment is impractical and contrary to public interest.
Based on currently available information, RSPA believes that at
least a temporary ban on offering and transportation of the generators
is justified on an emergency basis because of the potential for loss of
life and damage to property. Although an opportunity for public comment
on this rule has not been provided prior to issuance of this interim
final rule, RSPA seeks public comment. Based on comments received, NTSB
and FAA investigation, and RSPA and FAA joint inspection of contract
maintenance vendors, RSPA may make the ban permanent, terminate or
modify the ban, or otherwise amend the provisions of this rule. As an
interim final rule, however, this regulation is in effect and binding
upon publication in the Federal Register.
RSPA encourages interested persons to participate in this
rulemaking by submitting written views, data and information concerning
this interim final rule. Commenters should provide a reason or basis
for each comment. RSPA will consider all public comments and will make
changes to this rule if public comments indicate a change is necessary.
II. Rulemaking Analyses and Notices
Executive Order 12866 and DOT Regulatory Policies and Procedures
This final rule is considered a significant regulatory action under
section 3(f) of Executive Order 12866 and therefore is subject to
review by the Office of Management and Budget. The rule is significant
according to the Regulatory Policies and Procedures of
[[Page 26419]]
the Department of Transportation (44 FR 11034).
The changes adopted in this rule should not result in any
significant additional costs to persons subject to the HMR. About
150,000 of these oxygen generators are installed on about 1,000 U.S.
passenger-carrying aircraft. Because of their typical effective life of
about ten years, it is not necessary to frequently transport these
generators as uninstalled or not-in-use materials. In addition,
alternative transportation is available for these generators because
this rule does not prohibit or inhibit their transportation by highway,
rail, water or cargo aircraft. Because of the minimal economic impact
of this rule, a full regulatory evaluation is not warranted.
Executive Order 12612
This final rule has been analyzed in accordance with the principles
and criteria in Executive Order 12612 (``Federalism'') and does not
have sufficient Federalism impacts to warrant the preparation of a
federalism assessment.
Regulatory Flexibility Act
I certify that this final rule will not have a significant economic
impact on a substantial number of small entities. This rule imposes a
limited prohibition on certain persons subject to the HMR. However,
there are limited adverse economic impacts on small businesses or other
organizations.
Paperwork Reduction Act
There are no information collection requirements in this final
rule.
Regulation Identifier Number
A regulation identifier number (RIN) is assigned to each regulatory
action listed in the Unified Agenda of Federal Regulations. The
Regulatory Information Service Center publishes the Unified Agenda in
April and October of each year. The RIN number contained in the heading
of this document can be used to cross-reference this action with the
Unified Agenda.
List of Subjects
49 CFR Part 171
Exports, Hazardous materials transportation, Hazardous waste,
Imports, Reporting and recordkeeping requirements.
49 CFR Part 173
Hazardous materials transportation, Packaging and containers,
Radioactive materials, Reporting and recordkeeping requirements,
Uranium.
In consideration of the foregoing, 49 CFR Parts 171 and 173 are
amended as follows:
PART 171--GENERAL INFORMATION, REGULATIONS, AND DEFINITIONS
1. The authority citation for Part 171 continues to read as
follows:
Authority: 49 U.S.C. 5101-5127, 44701; 49 CFR 1.45, 1.53.
2. In Sec. 171.8, a definition for ``oxygen generator (chemical)''
is added in alphabetical order to read as follows:
Sec. 171.8 Definitions and abbreviations.
* * * * *
Oxygen generator (chemical) means a device containing chemicals
that upon activation release oxygen as a product of chemical reaction.
* * * * *
PART 173--SHIPPERS--GENERAL REQUIREMENTS FOR SHIPMENTS AND PACKAGINGS
3. The authority citation for Part 173 continues to read as
follows:
Authority: 49 U.S.C. 5101-5127, 44701; 49 CFR 1.45, 1.53.
4. In Sec. 173.21, paragraph (k) is added to read as follows:
Sec. 173.21 Forbidden materials and packages.
* * * * *
(k) Notwithstanding any other provision of this subchapter,
including Secs. 171.11 and 175.10(a)(2) of this subchapter, an oxygen
generator (chemical) as cargo on a passenger-carrying aircraft until
January 1, 1997. This prohibition does not apply to an oxygen generator
for medical or personal use of a passenger that meets the requirements
of Sec. 175.10(a)(7) or Sec. 175.10(a)(24) of this subchapter.
Issued in Washington, DC on May 23, 1996 under authority
delegated in 49 CFR part 1.
D.K. Sharma,
Administrator, Research and Special Programs Administration.
[FR Doc. 96-13404 Filed 5-23-96; 12:31 pm]
BILLING CODE 4910-60-P
Complete official Federal Register PDF
FR Doc. 96-13165 Regulated Navigation Area: Boston Harbor, Long Island Bridge, Boston, MA
[Federal Register Volume 61, Number 102 (Friday, May 24, 1996)]
[Rules and Regulations]
[Pages 26105-26106]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-13165]
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DEPARTMENT OF TRANSPORTATION
33 CFR Part 165
[CGD01-96-033]
RIN 2115-AE84
Regulated Navigation Area: Boston Harbor, Long Island Bridge,
Boston, MA
AGENCY: Coast Guard, DOT.
ACTION: Temporary final rule with request for comments.
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SUMMARY: The Coast Guard is establishing a temporary Regulated
Navigation Area (RNA) in the waters surrounding the Long Island Bridge,
Boston Harbor, Boston, MA. Maintenance and repair work is being
conducted to ensure bridge integrity. This RNA will increase safety by
requiring all vessels in the regulated area to operate at a no-wake
speed.
EFFECTIVE DATES: This temporary final rule is effective May 7, 1996,
until October 31, 1996, Monday through Friday from 9:30 a.m. until 3:30
p.m. Comments must be received on or before July 10, 1996.
ADDRESSES: Comments should be mailed to Commanding Officer, U.S. Coast
Guard Marine Safety Office, 455 Commercial Street, Boston, MA 02109-
1045.
FOR FURTHER INFORMATION CONTACT:
LTJG John Buckley, Vessel Division, Coast Guard Captain of the Port
Boston, 455 Commercial Street, Boston, MA 02109-1045, (617) 233-3000.
SUPPLEMENTARY INFORMATION:
Request for Comments
The Coast Guard encourages interested persons to participate in
this rulemaking by submitting written data, views or arguments. Persons
submitting comments should include their names and addresses, identify
this notice (CGD01-96-033) and the specific section of the rule to
which their comments apply, and give reasons for each comment. Persons
wanting
[[Page 26106]]
acknowledgment of receipt of comments should enclose a stamped, self-
addressed postcard or envelope.
The Coast Guard will consider all comments received during the
comment period and may change this section in view of the comments. The
Coast Guard plans no public hearing; however, a public hearing may be
requested by an interested person by writing to the Project Manager at
the address under addresses. If it is determined that the opportunity
for oral presentations at a public meeting will aid this rulemaking,
the Coast Guard will hold such a public hearing at a time and place
announced by a later notice in the Federal Register.
Background and Purpose
PEER Consultants, P.C. is conducting repairs and maintenance on the
Long Island Bridge, Boston Harbor, Boston, MA. Contract work is being
conducted to ensure bridge integrity by replacing/repairing selected
structural members of the Long Island Bridge. In order to provide for
the safe repair and maintenance of the Long Island Bridge, the Coast
Guard deems an RNA necessary.
Discussion of the Rule
The RNA includes all waters of Boston Harbor within a 600 x 200
yard rectangle bound by the following coordinates: 42 deg.18'26'' N,
070 deg.59'12'' W; 42 deg.18'35'' N, 070 deg.58'51'' W; 42 deg.18'31''
N, 070 deg.58'49'' W; 42 deg.18'23'' N, 070 deg.59'09'' W. [Datum: NAD
1983]. A barge mooring area will be located on the northwestern side of
the bridge within the RNA boundaries. Also, several work boats and
barges will be operating in the RNA. Vessels in the regulated area will
be required to operate at a no-wake speed to protect contract workers
aboard the work boats and barges. The repair work is scheduled to take
place from May 7, 1996, until October 31, 1996. Repair work will be
conducted from 9:30 a.m. to 3:30 p.m., Monday through Friday.
Good cause exists for publishing a temporary final rule without
notice and prior to opportunity for comment and without a delayed
effective date because immediate action is needed to regulate traffic
in the construction area. However, the Coast Guard is providing an
opportunity for comment so that changes can be made to this final rule.
It is in the public interest to have the Long Island Bridge repaired
and to have a no-wake zone around the bridge during construction.
Delaying this rule to provide for a notice and comment period would be
impracticable, unnecessary, and contrary to the public interest. Other
then commuter boats, this area receives minimal vessel traffic. Since
repair work will commence at 9:30 a.m. and conclude at 3:30 p.m.,
Monday through Friday, commuter boat schedules will not be
significantly effected. All commuter boat operators have been notified
of the regulation.
Regulatory Evaluation
This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866 and does not require an assessment of
potential costs and benefits under section 6(a)(3) of that order. It
has not been reviewed by the Office of Management and Budget under that
order. It is not significant under the regulatory policies and
procedures of the Department of Transportation (DOT) (44 FR 11040;
February 26, 1979). The Coast Guard expects the economic impact of this
section to be so minimal that a full Regulatory Evaluation under
paragraph 10e of the regulatory policies and procedures of DOT is
unnecessary.
The waters in the vicinity of the Long Island Bridge are used by
commuter vessels, commercial fishing vessels, commercial lobster
vessels and recreational vessels. Due to the minimal time delay caused
by the requirement to proceed at a no-wake speed, this regulation is
not expected to have a significant impact on these vessels.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the
Coast Guard must consider the economic impact on small entities of a
rule for which a general notice of proposed rulemaking is required.
``Small entities'' may include (1) small businesses and not-for-profit
organizations that are independently owned and operated and are not
dominant in their fields, and (2) governmental jurisdictions with
populations of less than 50,000.
For reasons set forth in the above Regulatory Evaluation, this rule
will not have a significant economic impact on a substantial number of
small entities.
Collection of Information
This rule contains no information collection requirements under the
Paperwork Reduction Act (44 U.S.C. 3501 et seq.).
Federalism
The Coast Guard has analyzed this rule under the principles and
criteria contained in Executive Order 12612 and has determined that
this proposal does not have sufficient federalism implications to
warrant the preparation of a Federalism Assessment.
Environment
The Coast Guard considered the environmental impact of this rule
and concluded that, under paragraph 2.B.2(e)(34)(g) of Commandant
Instruction M16475.1B, (as amended by 59 FR 38654, July 29, 1994), this
rule is a Regulated Navigation Area and is categorically excluded from
further environmental documentation. A written Categorical Exclusion
Determination and checklist are included in the docket.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
Final Regulation
For the reasons set out in the preamble, the Coast Guard is
amending 33 CFR Part 165 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 1.05-1(g),
6.04-1, 6.04-6, and 160.5; 49 CFR 1.46.
2. A temporary Section, Sec. 165.T01-033, is added to read as
follows:
Sec. 165.T01-033 Regulated Navigation Area; Long Island Bridge, Boston
Harbor, Boston, MA.
(a) Location. The following area is a Regulated Navigation Area:
All waters surrounding the Long Island Bridge, Boston Harbor, Boston,
MA bound by the following coordinates: 42 deg.18 deg.26'' N,
070 deg.59'12'' W; 42 deg.18'35'' N, 070 deg.58'51'' W; 42 deg.18'31''
N, 070 deg.58'49'' W; 42 deg.18'23'' N, 070 deg.59'09'' W. [Datum: NAD
1983]
(b) Effective date. This section is effective Monday through Friday
from 9:30 a.m. until 3:30 p.m., May 7, 1996, to October 31, 1996.
(c) Regulations. All vessels shall operate at no-wake speed while
with the Regulated Navigation Area.
Dated: May 7, 1996.
J.L. Linnon,
Rear Admiral, U.S. Coast Guard Commander, First Coast Guard District.
[FR Doc. 96-13165 Filed 5-23-96; 8:45 am]
BILLING CODE 4910-14-M
Complete official Federal Register PDF
FR Doc. 96-13164 Special Local Regulation: Revision to Special Local Regulations, 33 CFR Part 100
[Federal Register Volume 61, Number 102 (Friday, May 24, 1996)]
[Rules and Regulations]
[Pages 26104-26105]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-13164]
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DEPARTMENT OF TRANSPORTATION
33 CFR Part 100
[CGDO1-96-016]
RIN 2115-AE46
Special Local Regulation: Revision to Special Local Regulations,
33 CFR Part 100
AGENCY: Coast Guard, DOT.
ACTION: Final rule.
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SUMMARY: The Coast Guard is permanently amending a number of special
local regulations governing marine events in the First Coast Guard
District. This rule provides the effective dates for these events in
1996 and provides that the effective dates for the following years will
be published in a Federal Register notice.
EFFECTIVE DATE: This section is effective on June 24, 1996.
FOR FURTHER INFORMATION CONTACT:
Lieutenant (Junior Grade) Benjamin M. Algeo, Chief, Boating Affairs
Branch, First Coast Guard District, (617) 223-8311.
SUPPLEMENTARY INFORMATION:
Regulatory History
A notice of proposed rulemaking (NPRM) was published on March 22,
1996, (61 FR 11796) in the Federal Register proposing a permanent
change to a number of special local regulations governing marine events
in the First Coast Guard District. No comments were received and no
hearing was requested.
Background and Purpose
The Coast Guard is permanently amending 33 CFR Part 100, sections
100.103--National Sweepstakes Regatta, 100.107--Windjammer Days,
100.108--Great Kennebec River Whatever Race, 100.111--Stonington
Lobster Boat Races, 100.505--New Jersey Offshore Grand Prix, and
removing section 100.109--Whatever Festival Hydroplanes. This final
rule provides the effective dates for the 1996 events and eliminates
the need to undergo the rulemaking process for each event annually by
allowing the dates and times for events in later years to be published
in a Federal Register notice. This rule varies from the NPRM in that it
provides notice of the dates and times of the 1996 events, requires
annual notice in the Federal Register rather than a Coast Guard Notice
to Mariners, and provides rain dates for the Great Kennebec River
Whatever Race, the Stonington Lobster Boat Races, and the New Jersey
Offshore Grand Prix. It also removes section 100.109, the Whatever
Festival Hydroplanes race, which has been canceled subsequent to the
published NPRM.
Regulatory Evaluation
This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, and does not require an assessment of
potential costs and benefits under section 6(a)(3) of that order. It
has been exempted from review by the Office of Management and Budget
under that order. It is not significant under the regulatory policies
and procedures of the Department of
[[Page 26105]]
Transportation (DOT) (44 FR 11040; February 26, 1979). The Coast Guard
expects the economic impact of this rule to be so minimal that a full
Regulatory Evaluation, under paragraph 10e of the regulatory policies
and procedures of DOT, is unnecessary. This conclusion is based on the
fact that no substantive changes are being made to the special local
regulations and that notice of the events by a Federal Register notice
and Coast Guard Notice to Mariners will provide sufficient notice to
waterways users.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the
Coast Guard must consider the economic impact on small entities of a
rule for which a general notice of proposed rulemaking is required.
``Small entities'' may include (1) small businesses and not-for-profit
organizations that are independently owned and operated and are not
dominant in their fields and (2) governmental jurisdictions with
populations of less than 50,000.
For the reasons discussed in the Regulatory Evaluation, the Coast
Guard certifies under 5 U.S.C. 605(b) that this rule will not have a
significant economic impact on a substantial number of small entities.
If, however, you think that your business or organization qualifies as
a small entity and that this rule will have a significant economic
impact on your business or organization, please submit a comment
explaining why you think it qualifies and in what way and to what
degree this rule will economically affect it.
Collection of Information
This rule contains no collection of information requirements under
the Paperwork Reduction Act (44 U.S.C. 3501 et seq.).
Federalism
The Coast Guard has analyzed this rule under the principles and
criteria contained in Executive Order 12612 and has determined that
this rule does not have sufficient federalism implications to warrant
the preparation of a Federalism Assessment.
Environment
The Coast Guard has considered the environmental impacts of this
rule and concluded that, under paragraph 2.B.2.e.34(h) of COMDTINST
16475.1B (as revised by 61 FR 13563, March 27, 1996), this rule
modifies special local regulations issued in conjunction with regattas
or marine parades and is categorically excluded from further
environmental documentation.
List of Subjects in 33 CFR Part 100
Marine safety, Navigation (water), Reporting and recordkeeping
requirements, Waterways.
Final Regulation
For the reasons set out in the preamble, the Coast Guard is
amending 33 CFR part 100 as follows:
1. The authority citation for Part 100 continues to read as
follows:
Authority: 33 U.S.C. 1233; 49 CFR 1.46 and 33 CFR 100.35.
2. Section 100.103 is amended by revising paragraph (b) as follows:
Sec. 100.103 National Sweepstakes Regatta, RedBank, NJ.
* * * * *
(b) Effective period. This section is in effect from 8 a.m. to 6
p.m. on July 20 and 21, 1996, and each year thereafter on dates and
times specified in a Federal Register notice.
* * * * *
3. Section 100.107 is amended by revising paragraph (c) as follows:
Sec. 100.107 Windjammer Days, Boothbay Harbor, ME.
* * * * *
(c) Effective period. This section is in effect from 2 p.m. to 10
p.m. on June 26 and 27, 1996, and each year thereafter on dates and
times specified in a Federal Register notice.
4. Section 100.108 is amended by revising paragraph (c) as follows:
Sec. 100.108 Great Kennebec River Whatever Race.
* * * * *
(c) Effective period. This section is in effect from 6 a.m. to 6
p.m. on June 30, 1996, and each year thereafter on a date and times
specified in a Federal Register notice. If the event is canceled due to
weather, this section is effective the following day.
Sec. 100.109 [Removed]
5. Section 100.109 is removed.
6. Section 100.111 is amended by revising paragraph (c) as follows:
Sec. 100.111 Stonington Lobster Boat Races, Stonington, ME.
* * * * *
(c) Effective period. This section is in effect from 10 a.m. to 4
p.m. on August 3, 1996, and each year thereafter on a date and times
specified in a Federal Register notice. If the event is canceled due to
weather, this section is effective the following day.
7. Section 100.505 is amended by revising paragraph (b) as follows:
Sec. 100.505 New Jersey Offshore Grand Prix.
* * * * *
(b) Effective period. This section is in effect from 8 a.m. to 5
p.m. on July 17, 1996, and each year thereafter on a date and times
specified in a Federal Register notice. If the event is canceled due to
weather, this section is effective the following day.
* * * * *
Dated: May 13, 1996.
J.L. Linnon,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. 96-13164 Filed 5-23-96; 8:45 am]
BILLING CODE 4910-14-M
Complete official Federal Register PDF
FR Doc. 96-13163 Special Local Regulation: Swim the Bay, Narragansett Bay, Narragansett, RI
[Federal Register Volume 61, Number 102 (Friday, May 24, 1996)]
[Rules and Regulations]
[Pages 26103-26104]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-13163]
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DEPARTMENT OF TRANSPORTATION
33 CFR Part 100
[CGD01-95-170]
RIN 2115-AE46
Special Local Regulation: Swim the Bay, Narragansett Bay,
Narragansett, RI
AGENCY: Coast Guard, DOT.
ACTION: Final rule.
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SUMMARY: The Coast Guard is establishing a permanent special local
regulation for a swimming competition know as Swim the Bay. The event
will be held on July 27, 1996, and each year thereafter on a date and
times published in a Federal Register document. This regulation is
needed to protect the participants from vessel traffic during the
swimming competition.
EFFECTIVE DATE: This rule is effective on June 24, 1996.
FOR FURTHER INFORMATION CONTACT: Lieutenant (Junior Grade) Benjamin M.
Algeo, Chief, Boating Affairs Branch, First Coast Guard District, (617)
223-8311.
SUPPLEMENTARY INFORMATION:
Regulatory History
A Notice of Proposed Rulemaking (NPRM) was published on March 20,
1996, (61 FR 11353) proposing the establishment of a permanent special
local regulation for the annual swimming competition Swim the Bay. The
NPRM proposed to restrict vessels from approaching within 200 feet of
any participating swimmer to ensure the safety of participants during
the event. No comments were received and no hearing was requested.
Background and Purpose
The annual Swim the Bay competition is a local, traditional event
that has been held for many years in the East Passage of Narragansett
Bay, Jamestown/Newport, RI. In the past, the Coast Guard has
promulgated individual regulations for each year's race. Given the
recurring nature of the event, the Coast Guard is establishing a
permanent regulation. This rule establishes a regulated area in the
East Passage of Narragansett Bay and provides specific guidance to
control vessel movement during the race. This rule restricts vessels
from approaching within 200 feet of participating competition swimmers.
The event consists of two heats of approximately 100 swimmers
racing 1.7 miles from Coasters Harbor Island beach, Newport, RI, to
Potters Cove, Jamestown, RI. There will be approximately 25-30 support
boats on scene to augment a Coast Guard patrol to alert boating traffic
of the presence of the swimmers. The time period for the event is
dictated by tidal conditions. Subject to Coast Guard approval, the
sponsor selects a Saturday in July or August that most closely exhibits
low tide 40 minutes after 8 a.m. Spectator craft are authorized to
watch the race from any area as long as they remain 200 feet away from
any participating swimmer. In emergency situations, provisions may be
made to establish safe escort by a Coast Guard or Coast Guard
designated vessel for vessels requiring transit within 200 feet of
participating swimmers. This final rule varies from the NPRM in that it
provides the exact date and times for this year's race and provides for
the effective date and times for subsequent year's events to be
published in a Federal Register document.
Regulatory Evaluation
This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, and does not require an assessment of
potential costs and benefits under section 6(a)(3) of that order. It
has been exempted from review by the Office of Management and Budget
under that order. It is not significant under the regulatory policies
and procedures of the Department of Transportation (DOT) (44 FR 11040;
February 26, 1979). Due to the short duration of the event and its
limited restriction on vessel traffic transiting the East Passage of
Narragansett Bay, the Coast Guard expects the economic impact of this
rule to be so minimal that a full Regulatory Evaluation, under
[[Page 26104]]
paragraph 10e of the regulatory policies and procedures of DOT, is
unnecessary.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the
Coast Guard must consider the economic impact on small entities of a
rule for which a general notice of proposed rulemaking is required.
``Small entities'' may include (1) small businesses and not-for-profit
organizations that are independently owned and operated and are not
dominant in their fields and (2) governmental jurisdictions with
populations of less the 50,000.
For the reasons discussed in the Regulatory Evaluation, the Coast
Guard certifies under 5 U.S.C. 605(b) that this rule will not have a
significant economic impact on a substantial number of small entities.
If, however, you think that your business or organization qualifies as
a small entity and that this rule will have a significant economic
impact on your business or organization, please submit a comment
explaining why you think it qualifies and in what way and to what
degree this rule will economically affect it.
Collection of Information
This rule contains no collection of information requirements under
the Paperwork Reduction Act (44 U.S.C. 3501 et seq).
Federalism
The Coast Guard has analyzed this action in accordance with the
principles and criteria contained in Executive Order 12612, and has
determined that this rule does not raise sufficient federalism
implications to warrant the preparation of a Federalism Assessment.
Environment
The Coast Guard has considered the environmental impacts of this
rule and concluded that, under paragraph 2.B.2.e.34(h) of COMDTINST
16475.1B, (as revised by 61 FR 13563, March 27, 1996) this rule is a
regulation issued in conjunction with a regatta or marine parade and is
categorically excluded from further environmental documentation.
List of Subjects in 33 CFR Part 100
Marine safety, Navigation (water), Reporting and recordkeeping
requirements, Waterways.
Final Regulation
For reasons set out in the preamble, the Coast Guard is amending 33
CFR Part 100 as follows:
1. The authority citation for Part 100 continues to read as
follows:
Authority: 33 U.S.C. 1233; 49 CFR 1.46 and 33 CFR 100.35.
2. Section 100.112 is added to read as follows:
Sec. 100.112 Swim the Bay, Narragansett Bay, Narragansett, RI.
(a) Regulated area. All waters of the East Passage of Narragansett
Bay within 200 feet of participating competition swimmers.
(b) Special local regulations. (1) The Coast Guard patrol commander
may delay, modify, or cancel the race as conditions or circumstances
require.
(2) No person or vessel may enter, transit, or remain in the
regulated area unless participating in the event or unless authorized
by the Coast Guard patrol commander.
(3) Vessels encountering emergencies which require transit through
the regulated area should contact the Coast Guard patrol commander on
VHF Channel 16. In the event of an emergency, the Coast Guard patrol
commander may authorize a vessel to transit through the regulated area
with the Coast Guard designated escort.
(4) All persons and vessels shall comply with the instructions of
the Coast Guard on-scene patrol commander. On-scene patrol personnel
may include commissioned, warrant, and petty officers of the U.S. Coast
Guard. Upon hearing five or more short blasts from a U.S. Coast Guard
vessel, the operator of a vessel shall proceed as directed. Members of
the Coast Guard Auxiliary may also be present to inform vessel
operators of this regulation and other applicable laws.
(c) Effective period. This section is effective on July 27, 1996,
from 10:30 a.m. to 12:30 p.m., and each year thereafter on a date and
times published in a Federal Register document.
Dated: May 13, 1996.
J.L. Linnon,
Rear Admiral, U.S. Coast Guard Commander, First Coast Guard District.
[FR Doc. 96-13163 Filed 5-23-96; 8:45 am]
BILLING CODE 4910-14-M
Complete official Federal Register PDF
FR Doc. 96-13162 Special Local Regulation; Quonset Open House, North Kingstown, RI
[Federal Register Volume 61, Number 102 (Friday, May 24, 1996)]
[Rules and Regulations]
[Pages 26102-26103]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-13162]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 100
[CGD01-96-017]
RIN 2115-AE46
Special Local Regulation; Quonset Open House, North Kingstown, RI
AGENCY: Coast Guard, DOT.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary special local
regulation for an airshow known as the Quonset Open House. The Quonset
Open House will be held on June 1 and 2, 1996, off Quonset Point, North
Kingstown, RI. This regulation is needed to protect the boating public
from the hazards associated with low flying aircraft in the vicinity of
the airstrip.
EFFECTIVE DATE: This rule is effective on June 1 and 2, 1996, from 9
a.m. to 4:30 p.m.
FOR FURTHER INFORMATION CONTACT:
Lieutenant (Junior Grade) Benjamin M. Algeo, Chief, Boating Affairs
Branch, First Coast Guard District, (617) 223-8311.
SUPPLEMENTARY INFORMATION:
Regulatory History
As authorized by 5 U.S.C. 553, a notice of proposed rulemaking
(NPRM) was not published for this regulation. Good cause exists for not
publishing an NPRM and for making this section effective less than 30
days after Federal Register publication. The application for the event
was received less than 30 days prior to the event date. Publishing a
NPRM and delaying the event would be contrary to the public interest
because the airshow is intended for viewing by the public. The sponsor
was unable to provide more leadtime due to the difficulties in
scheduling the participating aircraft.
Background and Purpose
The Quonset Open House is a local, traditional airshow sponsored by
the Rhode Island National Guard. Participating aircraft take off and
land from an airstrip located on Quonset Point, North Kingstown, RI.
Due to the aircrafts' low flight paths, close proximity to spectator
vessels, and other water related events, a regulated area is needed to
protect life and property during the event.
This section establishes a regulated area in the West Passage of
Rhode Island Sound, off Quonset Point. It prohibits vessels from
entering the regulated area during the event. In emergency situations,
provisions may be made to establish safe escort by a Coast Guard or
designated Coast Guard vessel for vessels requiring transit through the
regulated area.
Regulatory Evaluation
This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, and does not require an assessment of
potential costs and benefits under section 6(a)(3) of that order. It
has been exempted from review of the Office of Management and Budget
under that order. It is not significant under the regulatory policies
and procedures of the Department of Transportation (DOT) (44 FR 11040;
February 26, 1979). The Coast Guard expects the economic impact of this
rule to be so minimal that a full Regulatory Evaluation, under
paragraph 10e of the regulatory policies and procedures of DOT, is
unnecessary. The effect of this section will not be significant for
several reasons: the regulated area includes less than half of one
square nautical mile of Narragansett Bay; entry into the regulated area
is restricted for a short duration; vessels may transit around the
regulated area; and the extensive advance advisories which will be
made.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the
Coast Guard must consider the economic impact on small entities of a
rule for which a general notice of proposed rulemaking is required.
``Small entities'' may include (1) small businesses and not-for-profit
organizations that are independently owned and operated and are not
dominant in their fields and (2) governmental jurisdictions with
populations of less than 50,000.
For the reasons discussed in the Regulatory Evaluation, the Coast
Guard certifies under 5 U.S.C. 605(b) that this rule will not have a
significant economic impact on a substantial number of small entities.
If, however, you think that your business or organization qualifies as
a small entity and that this rule will have a significant economic
impact on your business or organization, please submit a comment
explaining why you think it qualifies and in what way and to what
degree this rule will economically affect it.
Collection of Information
This rule contains no collection of information requirements under
the Paperwork Reduction Act (44 U.S.C. 3501 et seq.)
[[Page 26103]]
Federalism
The Coast Guard has analyzed this rule under the principles and
criteria contained in Executive Order 12612 and has determined that
this rule does not have sufficient federalism implications to warrant
the preparation of a Federalism Assessment.
Environment
The Coast Guard has considered the environmental impacts of this
rule and concluded that, under paragraph 2.B.2.e.34(h) of COMDTINST
16475.1B, (as revised by 61 FR 13563, March 27, 1996) this is a
regulation issued in conjunction with a regatta or marine parade and is
categorically excluded from further environmental documentation.
List of Subjects in 33 CFR Part 100
Marine safety, Navigation (water), Reporting and recordkeeping
requirements, Waterways.
Final Regulation
For the reasons set out in the preamble, the Coast Guard proposes
to temporarily amend 33 CFR Part 100 as follows:
1. The authority citation for Part 100 continues to read as
follows:
Authority: 33 U.S.C. 1233; 49 CFR 1.46 and 33 CFR 100.35.
2. A temporary section, 100.T01-017, is added to read as follows:
Sec. 100.T01-017 Quonset Open House, North Kingstown, RI
(a) Regulated area. The regulated area includes all waters of the
West Passage of Rhode Island Sound within the following points (NAD
83):
Latitude Longitude
41 deg.35'10'' N 071 deg.24'29'' W
41 deg.34'54'' N 071 deg.23'29'' W
41 deg.35'07'' N 071 deg.23'29'' W
41 deg.36'42'' N 071 deg.24'29'' W
(b) Special local regulations. (1) The Coast Guard patrol commander
may delay, modify, or cancel the event as conditions or circumstances
require.
(2) No person or vessel may enter, transit, or remain in the
regulated area unless participating in the event or unless authorized
by the Coast Guard patrol commander.
(3) Vessels encountering emergencies which require transit through
the regulated area should contact the Coast Guard patrol commander on
VHF Channel 16. In the event of an emergency, the Coast Guard patrol
commander may authorize a vessel to transit through the regulated area
with a Coast Guard designated escort.
(4) All persons and vessels shall comply with the instructions of
the Coast Guard on-scene patrol commander. On-scene patrol personnel
may include commissioned, warrant, and petty officers of the U.S. Coast
Guard. Upon hearing five or more short blasts from a U.S. Coast Guard
vessel, the operator of a vessel shall proceed as directed. Members of
the Coast Guard Auxiliary may also be present to inform vessel
operators of this regulation and other applicable laws.
(c) Effective period. This section is effective on June 1 and 2,
1996, from 9 a.m. to 4:30 p.m.
Dated: May 10, 1996.
J.L. Linnon,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. 96-13162 Filed 5-23-96; 8:45 am]
BILLING CODE 4910-14-M
Complete official Federal Register PDF
FR Doc. 96-13157 Amendment to Class D and Class E Airspace; New England Region; Correction
[Federal Register Volume 61, Number 102 (Friday, May 24, 1996)]
[Rules and Regulations]
[Pages 26094-26095]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-13157]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
14 CFR Part 71
[Airspace Docket No. 95-ANE-60]
Amendment to Class D and Class E Airspace; New England Region;
Correction
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule, correction.
-----------------------------------------------------------------------
SUMMARY: This action corrects an error in the description of the Class
E airspace areas at Beverly, MA (BVY), contained in final rule
published in the Federal Register on February 15, 1996 (61 FR 5935),
Airspace Docket No. 95-ANE-60. That final rule modified certain Class D
and Class E airspace areas in the New England Region.
EFFECTIVE DATE: May 24, 1996.
FOR FURTHER INFORMATION CONTACT:
Raymond Duda, Operations Branch, ANE-530.3, Federal Aviation
Administration, 12 New England Executive Park, Burlington, MA 01803-
5299; telephone (617) 238-7533; fax (617) 238-7596.
SUPPLEMENTARY INFORMATION:
History
Federal Register Document 96-3492, Airspace Docket 95-ANE-60,
published on February 15, 1996, (61 FR 5935) reduced the lateral limits
of the Class D airspace areas at Beverly, MA (BVY); Bedford, MA (BED);
Danbury, CT (DXR); Norwood, MA (OWD); Lebanon, NH (LEB); and Nashua,
(ASH); and, as a consequence to those changes, made the necessary
changes to the associated Class E airspace areas at Beverly (BVY),
Lebanon (LEB), and Nashua (ASH). The description of the Class E
airspace area at BVY, however, did not contain a geographic position
for the Topfield non-directional beacon (NDB). This action corrects
that error by including in the airspace description for the Class E
airspace area at BVY, the geographic position of the Topfield NDB.
Correction to the Final Rule.
Accordingly, pursuant to the authority delegated to me, the
description of class E airspace area at Beverly, MA, as published in
the Federal Register on February 15, 1996 (61 FR 5935), Federal
Register Document 96-3492; page 5937, column 1), and the description in
FAA Order 7400.9C, dated August 17, 1995, and effective September 16,
1995, which is incorporated by reference in 14 CFR 71.1, is corrected
to read as follows:
Sec. 71.1 [Corrected]
Subpart E--Class E Airspace
* * * * *
[[Page 26095]]
ANE MA E4 Beverly, MA [Corrected]
Beverly Municipal Airport, MA
(lat. 42 deg.53'03'' N, long. 70 deg.54'59'' W)
Topsfield NDB
(lat. 42 deg.37'10'' N, long. 70 deg.57'25'' W)
That airpace extending upward from the surface within 3.2 miles
on each side of the Topsfield NDB 317 deg. bearing extending from a
4.1-mile radius of Beverly Municipal Airport to 7 miles northwest of
the Topsfiled NDB. This Class E airspace area is effective during
the specific dates and times established in advance by a Notice to
Airmen. The effective dates and times will thereafter be
continuously published in the Airport/Facility Directory.
* * * * *
Issued in Burlington, MA on May 17, 1996.
David J. Hurley,
Manager, Air Traffic Division, New England Region.
[FR Doc. 96-13157 Filed 5-23-96; 8:45 am]
BILLING CODE 4910-13-M
Complete official Federal Register PDF
FR Doc. 96-13156 Revocation of Restricted Area R-5202, Gardiner's Island, NY
[Federal Register Volume 61, Number 102 (Friday, May 24, 1996)]
[Rules and Regulations]
[Page 26095]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-13156]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
14 CFR Part 73
[Airspace Docket No. 95-AEA-8]
Revocation of Restricted Area R-5202, Gardiner's Island, NY
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule.
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SUMMARY: This action revokes Restricted Area R-5202, Gardiner's Island,
NY. The U. S. Navy has determined that this restricted airspace area is
no longer necessary to support Department of Defense missions.
EFFECTIVE DATE: 0901 UTC, August 15, 1996.
FOR FURTHER INFORMATION CONTACT: Pete Magarelli, Airspace and Rules
Division, ATA-400, Office of Air Traffic Airspace Management, Federal
Aviation Administration, 800 Independence Avenue, SW., Washington, DC
20591; telephone: (202) 267-3075.
SUPPLEMENTARY INFORMATION:
The Rule
This amendment to part 73 of the Federal Aviation Regulations
revokes Restricted Area R-5202, Gardiner's Island, NY. The U.S. Navy
has determined that the restricted area airspace is no longer required
to support Department of Defense missions. I find that notice and
public procedure under 5 U.S.C. 553(b) are unnecessary because this
action is a minor technical amendment in which the public would not be
particularly interested. Section 73.52 of part 73 of the Federal
Aviation Regulations was republished in FAA Order 7400.8C dated June
29, 1995.
The FAA has determined that this regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
It, therefore--(1) is not a ``significant regulatory action'' under
Executive Order 12866; (2) is not a ``significant rule'' under DOT
Regulatory Policies and Procedures (44 FR 11034; February 26, 1979);
and (3) does not warrant preparation of a regulatory evaluation as the
anticipated impact is so minimal. Since this is a routine matter that
will only affect air traffic procedures and air navigation, it is
certified that this rule will not have a significant economic impact on
a substantial number of small entities under the criteria of the
Regulatory Flexibility Act.
Environmental Review
This action is not subject to environmental assessments and
procedures under FAA Order 1050.1D, ``Policies and Procedures for
Considering Environmental Impacts,'' and the National Environmental
Policy Act.
List of Subjects in 14 CFR Part 73
Airspace, Navigation (air).
Adoption of the Amendment
In consideration of the foregoing, the Federal Aviation
Administration amends 14 CFR part 73 as follows:
PART 73--[AMENDED]
1. The authority citation for part 73 continues to read as follows:
Authority: 49 U.S.C. 106(g), 40103, 40113, 40120; E.O. 10854, 24
FR 9565, 3 CFR, 1959-1963 Comp., p. 389; 14 CFR 11.69.
Sec. 73.52 [Amended]
2. Section 73.52 is amended as follows:
R-5202 Gardiner's Island, NY [Removed]
Issued in Washington, DC, on May 13, 1996.
Harold W. Becker,
Acting Program Director for Air Traffic, Airspace Management.
[FR Doc. 96-13156 Filed 5-23-96; 8:45 am]
BILLING CODE 4910-13-P
Complete official Federal Register PDF
FR Doc. 96-13154 Ocean Salmon Fisheries Off the Coasts of Washington, Oregon, and California; Cape Arago, OR, to Oregon-California Border
[Federal Register Volume 61, Number 102 (Friday, May 24, 1996)]
[Rules and Regulations]
[Page 26125]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-13154]
=======================================================================
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 661
[Docket No. 960126016-6121-04; I.D. 051796A]
Ocean Salmon Fisheries Off the Coasts of Washington, Oregon, and
California; Cape Arago, OR, to Oregon-California Border
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Inseason adjustment.
-----------------------------------------------------------------------
SUMMARY: NMFS announces that the commercial salmon fishery in the area
from Cape Arago, OR, to the Oregon-California border was opened 7 days
a week effective midnight, May 18, 1996. This adjustment is intended to
provide additional fishing opportunity to commercial fishermen.
DATES: Effective 2400 hours local time, May 18, 1996, through 2400
hours local time, June 30, 1996. Comments will be accepted through June
7, 1996.
ADDRESSES: Comments may be mailed to William Stelle, Jr., Director,
Northwest Region, National Marine Fisheries Service, NOAA, 7600 Sand
Point Way NE., BIN C15700-Bldg. 1, Seattle, WA 98115-0070. Information
relevant to this notice has been compiled in aggregate form and is
available for public review during business hours at the office of the
Director, Northwest Region, NMFS (Regional Director).
FOR FURTHER INFORMATION CONTACT: William L. Robinson, 206-526-6140.
SUPPLEMENTARY INFORMATION: In the annual management measures for ocean
salmon fisheries (61 FR 20175, May 6, 1996), NMFS announced that the
1996 commercial fishery in the area between Cape Arago, OR, and the
Oregon-California border would open on May 1 and fishing would follow a
cycle of 4 days open and 3 days closed. The fishery would close the
earlier of June 30 or attainment of the 5,300-chinook salmon quota. The
open/closure cycle could be modified inseason as necessary to manage
the fishery.
The best available information on May 15 indicated that the
commercial catch and effort rates were low during the first two open
periods (May 1-4 and May 8-11), with catches totaling less than 200
chinook salmon. The preseason objective for the open/closure cycle was
to monitor catch levels. Opening the fishing season to 7 days per week
would provide additional fishing opportunity to commercial fishermen
without exceeding the share allocated to the commercial fishery in this
area. Modification of the fishing season is authorized by the annual
management measures and the regulations at 50 CFR 661.21(b)(1)(i). All
other restrictions that apply to this fishery remain in effect as
announced in the annual management measures.
The Regional Director consulted with representatives of the Pacific
Fishery Management Council and the Oregon Department of Fish and
Wildlife regarding this adjustment. The State of Oregon will manage the
commercial fishery in state waters adjacent to this area of the
exclusive economic zone in accordance with this Federal action. As
provided by the inseason notice procedures of 50 CFR 661.23, actual
notice to fishermen of this action was given prior to midnight, May 18,
1996, by telephone hotline number 206-526-6667 or 800-662-9825 and by
U.S. Coast Guard Notice to Mariners broadcasts on Channel 16 VHF-FM and
2182 kHz. Because of the need for immediate action to provide
commercial fishermen with additional fishing opportunity, NMFS has
determined that good cause exists for this notice to be issued without
affording a prior opportunity for public comment.
Classification
This action is authorized by 50 CFR 661.21 and 661.23 and is exempt
from review under E.O. 12866.
Authority: 16 U.S.C. 1801 et seq.
Dated: May 20, 1996.
Richard H. Schaefer,
Director, Office of Fisheries Conservation and Management, National
Marine Services Division.
[FR Doc. 96-13154 Filed 5-23-96; 8:45 am]
BILLING CODE 3510-22-F
Complete official Federal Register PDF
FR Doc. 96-13148 Gifts From Foreign Governments; Removal of Part
[Federal Register Volume 61, Number 102 (Friday, May 24, 1996)]
[Rules and Regulations]
[Page 26102]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-13148]
=======================================================================
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DEPARTMENT OF DEFENSE
Office of the Secretary
32 CFR Part 95
[DoD Directive 1005.13]
Gifts From Foreign Governments; Removal of Part
AGENCY: Department of Defense.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This document removes the Department of Defense's rule
concerning gifts from foreign governments. The part has served the
purpose for which it was intended for the Code of Federal Regulations,
and is no longer necessary.
EFFECTIVE DATE: May 24, 1996.
FOR FURTHER INFORMATION CONTACT:
Mr. R. Kennedy, 703-697-1142.
SUPPLEMENTARY INFORMATION: Paper copies of DoD Directive 1005.13 are
available, at cost, from the National Technical Information Service,
5285 Port Royal Road, Springfield, VA 22161. The Directive is also
available on the World-Wide Web at URL address: http:\\www.dtic.mil/
adm.
List of Subjects in 32 CFR Part 95
Foreign relations; Government employees; Government property.
PART 95--[REMOVED]
Accordingly, by the authority of 10 U.S.C. 301, 32 CFR Part 95 is
removed.
Dated: May 21, 1996.
L.M. Bynum,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. 96-13148 Filed 5-23-96; 8:45 am]
BILLING CODE 5000-04-M
Complete official Federal Register PDF
FR Doc. 96-13107 Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments
[Federal Register Volume 61, Number 102 (Friday, May 24, 1996)]
[Rules and Regulations]
[Pages 26095-26096]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-13107]
=======================================================================
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DEPARTMENT OF COMMERCE
15 CFR Part 24
RIN 0605-AA10
Uniform Administrative Requirements for Grants and Cooperative
Agreements to State and Local Governments
AGENCY: Department of Commerce.
ACTION: Announcement regarding Grant and Cooperative Agreement Cost
Principles for State, Local and Indian Tribal Governments.
-----------------------------------------------------------------------
SUMMARY: The Department of Commerce (Department) is announcing the
applicability of the revised Office of Management and Budget (OMB)
Circular A-87, ``Cost Principles for State, Local and Indian Tribal
Governments,'' (60 FR 26484, May 17, 1995). This Circular establishes
principles for determining the allowable costs incurred by State,
local, and federally-recognized Indian tribal governments (governmental
units) under grants, cost reimbursement contracts, and other agreements
with the Federal Government.
DATES: This announcement is effective May 24, 1996.
FOR FURTHER INFORMATION CONTACT:
John J. Phelan, III, Director, Office of Executive Assistance
Management, Room 6020, U.S. Department of Commerce, 14th Street and
Constitution Avenue NW., Washington, DC 20230. Telephone Number 202-
482-4115.
SUPPLEMENTARY INFORMATION: On March 11, 1988, the Department joined
other agencies in the Federal government in publishing in the Federal
Register a final rule, ``Uniform Administrative Requirements for Grants
and Cooperative Agreements to State and Local Governments,'' (53 FR
8048) which was codified at 15 CFR Part 24 for the Department. Part
24.22 established OMB Circular A-87 as the cost principles used by the
Department for determining allowable costs of State and local
governments under grants and cooperative agreements with the
Department. In addition, recipients of the Department's financial
assistance awards are given actual notice of which cost principles
apply to the award on the face page of the award document, Commerce
Department Form CD-450, ``Financial Assistance Award.''
On May 17, 1995 the Office of Management and Budget (OMB) published
a Final Revision to OMB Circular A-87, ``Cost Principles for State,
Local and Indian Tribal Governments,'' and directed agencies to
[[Page 26096]]
issue codified regulations to implement the provisions of the Circular.
This announcement notifies the public that the provisions of OMB
Circular A-87 as published in the Federal Register on May 17, 1995 (60
FR 26484) are applicable to 15 CFR Part 24.22.
Executive Orders 12866 and 12875
This announcement has been determined to be ``not significant'' for
purposes of Executive Order 12866, ``Regulatory Planning and Review.''
In addition, it has been determined that, consistent with the
requirements of Executive Order 12875, ``Enhancing Intergovernmental
Partnership,'' this announcement will not impose any unfunded mandates
upon State, local, and tribal governments.
Administrative Procedures Act and Regulatory Flexibility Act
Because notice and comment, and delayed effective date are not
required under 5 U.S.C. 553, or any other law, for this announcement
relating to public property, loans, grants, benefits, or contracts (5
USC 553(a)), a Regulatory Flexibility Analysis is not required and has
not been prepared for this announcement. As stated above, this
announcement is based on the revised OMB Circular A-87 that was
developed by an interagency task force and received extensive public
comment. OMB has stipulated that Federal agencies responsible for
administering programs that involve cost reimbursement contracts,
grants, and other agreements with governmental units shall issue
codified regulations to implement the provisions of OMB Circular A-87
and its attachments.
Executive Order 12612 (Federalism Assessment)
This action has been reviewed in accordance with the principles and
criteria contained in Executive Order 12612. It has been determined
that this proposal does not have sufficient Federalism implications to
warrant a full Federalism Assessment under the principles and criteria
contained in Executive Order 12612.
Paperwork Reduction Act
This announcement does not contain any information collection
requirements under the Paperwork Reduction Act.
Catalog of Federal Domestic Assistance
This announcement affects all of the grant and cooperative
agreement programs administered by DOC under which State, local, and
Indian tribal governments may participate.
List of Subjects in 15 CFR Part 24
Accounting, Grant programs, Grant administration, Insurance
Reporting and recordkeeping requirements.
Sonya G. Stewart,
Director for Executive Budgeting and Assistance Management.
[FR Doc. 96-13107 Filed 5-23-96; 8:45 am]
BILLING CODE 3510-FA-M
Complete official Federal Register PDF
FR Doc. 96-13100 Vessel Traffic Services (VTS)
[Federal Register Volume 61, Number 102 (Friday, May 24, 1996)]
[Rules and Regulations]
[Pages 26120-26121]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-13100]
=======================================================================
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 80
[WT Docket No. 94-153; FCC 96-202]
Vessel Traffic Services (VTS)
AGENCY: Federal Communications Commission.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Commission has added Prince William Sound to the United
States Coast Guard (Coast Guard) designated radio protection areas for
mandatory VTS and establish marine VHF Channel 11 as the VTS frequency
for Prince William Sound. This action is in response to a request from
the Coast Guard. The designation of Prince William Sound as a VTS area
will allow the Coast Guard to manage vessel traffic in a more efficient
manner.
EFFECTIVE DATE: June 24, 1996.
FOR FURTHER INFORMATION CONTACT: James Shaffer, (202) 418-0680, Private
Radio Bureau.
SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Report
and Order, FCC 96-202, adopted May 2, 1996, and released May 9, 1996.
The full text of this Report and Order is available for inspection and
copying during normal business hours in the FCC Reference Center, Room
239, 1919 M Street, N.W., Washington, D.C. The complete text may be
purchased from the Commission's copy contractor, International
Transcription Service, Inc., 2100 M Street, Suite 140, Washington, D.C.
20037, telephone (202) 857-3800.
Summary of Report and Order
1. The Coast Guard filed a petition (RM-8199), Public Notice No.
1932, requesting that the Commission amend Part 80 of the Rules, 47 CFR
Part 80, to add Prince William Sound to the Coast Guard designated
radio protection areas for mandatory VTS and establish marine VHF
Channel 11 (156.550 MHz) as the VTS frequency for Prince William Sound.
2. As a result of the Oil Pollution Act of 1990, Public Law 101-
380, 104 Stat. 484, the Coast Guard plans to implement a mandatory
Automated Dependent Surveillance (ADS) system for cargo ships, e.g. oil
tankers, that operate in Prince William Sound. The ADS will operate as
part of the proposed VTS system and is scheduled to begin operation in
July 1994. An ADS system works as follows: the vessel determines its
position using a highly accurate differential GPS receiver and
automatically transmits its position, identification and the time of
the position to the Coast Guard using digital selective calling (DSC)
techniques on VHF marine Channel 70 (156.525 MHz). The Coast Guard
needs Channel 11 to supplement Channel 70 ADS use and for voice VTS
communications in support of vessel traffic control operations.
3. Designating Prince William Sound as a VTS area will allow the
Coast Guard to manage vessel traffic in that area more efficiently and
protect the marine environment by preventing vessel collisions and
groundings. Therefore, we are adding Prince William Sound to the
Commission's list of designated radio protection areas for VTS systems
specified in Section 80.383. The radio protection area will be defined
as ``The rectangle between North latitudes 61 degrees 17 minutes and 59
degrees 22 minutes and West longitudes 149 degrees 39 minutes and 145
degrees 36 minutes.''
4. Additionally, we will permit private coast stations currently
authorized to operate on Channel 11 within the Prince William Sound VTS
area to continue operation until the end of their current license terms
on a noninterference basis. The staff will help affected licensees find
suitable alternative channels. No fee will be charged for affected
stations that apply for modification for an alternative channel before
their next renewals.
List of Subjects in 47 CFR Part 80
Communications equipment, Marine safety.
Federal Communications Commission.
William F. Caton,
Acting Secretary.
Rules Changes
Title 47 of the Code of Federal Regulations, Part 80, is amended as
follows:
PART 80--STATIONS IN THE MARITIME SERVICES
1. The authority citation for Part 80 continues to read as follows:
Authority: Secs. 4, 303, 48 Stat. 1066, 1082, as amended; 47
U.S.C. 154, 303, unless otherwise noted. Interpret or apply 48 Stat.
1064-1068, 1081-1105, as amended; 47 U.S.C. 151-155, 301-609; 3 UST
3450, 3 UST 4726, 12 UST 2377.
2. Section 80.383 is amended by revising the entry for 156.550 MHz
in the table in paragraph (a), removing the final word ``and'' in
paragraph (b)(4), removing the final ``.'' and adding in its place ``;
and'' in paragraph (b)(5), and adding a new paragraph (b)(6) to read as
follows:
Sec. 80.383 Vessel Traffic Services (VTS) system frequencies.
* * * * *
(a) * * *
Vessel Traffic Control Frequencies
------------------------------------------------------------------------
Carrier frequencies (MHz) Geographic areas
------------------------------------------------------------------------
* * * * *
156.550................................... New York, New Orleans,\1\
Houston, Prince William
Sound.\3\
* * * * *
------------------------------------------------------------------------
[[Page 26121]]
\1\ Until further notice, this frequency is available for use as
permitted by Sec. 80.373(f), notwithstanding the provisions of
footnote 3, that are applicable to the VTS system. Availability is a
result of the closure of the VTS system for the port area of New
Orleans. If the United States Coast Guard re-establishes this
system, the Commission may require operations pursuant to such
conditional licenses for this frequency to cease, or may choose not
to renew such conditional licenses. All licenses for this frequency
will be expressly conditioned upon the continued availability of the
frequency for non-VTS use.
* * * * *
\3\ Private coast station licenses for the use of this frequency
in this area will expire at the end of the current license term or
five years after the adopted date of the final rule, whichever comes
first. Continued use until expiration must be on a noninterference
basis to Coast Guard VTS communications.
(b) * * *
(6) Prince William Sound. The rectangle between North latitudes 61
degrees 17 minutes and 59 degrees 22 minutes and West longitudes 149
degrees 39 minutes and 145 degrees 36 minutes.
* * * * *
[FR Doc. 96-13100 Filed 5-23-96; 8:45 am]
BILLING CODE 6712-01-P
Complete official Federal Register PDF
FR Doc. 96-13090 Albemarle Sound, Pamlico Sound, and adjacent waters, North Carolina; danger zones/restricted areas for naval aircraft operations.
[Federal Register Volume 61, Number 102 (Friday, May 24, 1996)]
[Rules and Regulations]
[Pages 26106-26107]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-13090]
=======================================================================
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[[Page 26107]]
DEPARTMENT OF DEFENSE
Department of the Army
Corps of Engineers
33 CFR Part 334
Albemarle Sound, Pamlico Sound, and adjacent waters, North
Carolina; danger zones/restricted areas for naval aircraft operations.
AGENCY: U.S. Army Corps of Engineers, DoD.
ACTION: Correction to final rule.
-----------------------------------------------------------------------
SUMMARY: This document contains a correction to the final rule which
was published Tuesday, February 27, 1996 (61 FR 7214). The effective
date was February 27, 1996. This rule re-established a danger zone as a
restricted area in the waters off of Harvey Point, Perquimans County,
North Carolina. This is an editorial correction and will not affect the
restrictions placed on entry into the area.
DATES: Effective May 24, 1996.
ADDRESS: HQUSACE, CECW-OR, Washington, D.C. 20314-1000.
FOR FURTHER INFORMATION CONTACT:
Ms. Angie Yelverton of the Corps Wilmington District at (910) 251-4480,
or Mr. Ralph Eppard, Regulatory Branch, CECW-OR at (202) 761-1783.
SUPPLEMENTARY INFORMATION: Pursuant to its authorities in Section 7 of
the Rivers and Harbors Act of 1917 (40 Stat. 266; 33 U.S.C. 1) and
Chapter XIX of the Army Appropriations Act of 1919 (40 Stat. 892; 33
U.S.C. 3), the Corps promulgated a regulation under 33 CFR 334.412
which re-established an area that was previously a danger zone, as a
restricted area in the waters off of Harvey Point, Albemarle Sound,
North Carolina.
Need for Correction
As published, the final rules in Sec. 334.412(a) contain an
incorrect bearing listed as ``southwesterly to latitude 36 deg.
04'18'', which should have read ``northwesterly to latitude 36 deg.
04'18''''
Correction of Publication
Accordingly, the publication on February 27, 1996, of the final
rule, which was the subject of 61 FR 7214-7215, is corrected as
follows:
Sec. 334.412 [Corrected]
On page 7215, in Sec. 334.412 in the second column, second line,
remove ``southwesterly'' and replace it with ''northwesterly''.
Dated: May 6, 1996.
Approved;
Stanley G. Genega,
Major General, USA, Director of Civil Works.
[FR Doc. 96-13090 Filed 5-23-96; 8:45 am]
BILLING CODE 3710-92-M
Complete official Federal Register PDF
FR Doc. 96-13085 Nectarines and Peaches Grown in California; Relaxation of Quality Requirements for Fresh Nectarines and Peaches
[Federal Register Volume 61, Number 102 (Friday, May 24, 1996)]
[Rules and Regulations]
[Page 26073]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-13085]
========================================================================
Rules and Regulations
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
Prices of new books are listed in the first FEDERAL REGISTER issue of each
week.
========================================================================
Federal Register / Vol. 61, No. 102 / Friday, May 24, 1996 / Rules
and Regulations
[[Page 26073]]
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Parts 916 and 917
[Docket No. FV95-916-5C]
Nectarines and Peaches Grown in California; Relaxation of Quality
Requirements for Fresh Nectarines and Peaches
AGENCY: Agricultural Marketing Service, USDA.
ACTION: Final rule; correction.
-----------------------------------------------------------------------
SUMMARY: This document contains a correction to the final rule
published on May 1, 1996 concerning nectarines and peaches grown in
California.
EFFECTIVE DATES: May 2, 1996.
FOR FURTHER INFORMATION CONTACT: Kenneth Johnson, Marketing Specialist,
Marketing Order Administration Branch, Fruit and Vegetable Division,
AMS, USDA, P.O. Box 96456, Room 2523-S, Washington, DC 20090-6456;
telephone: (202) 720-2861; or Terry Vawter, Marketing Specialist,
California Marketing Field Office, Marketing Order Administration
Branch, Fruit and Vegetable Division, AMS, USDA, 2202 Monterey Street,
Suite 102B, Fresno, California, 93721; telephone: (209) 487-5901.
SUPPLEMENTARY INFORMATION:
Background
This rule establishes a ``CA Utility'' quality requirement, based
on minimum quality standards established under the California
Agriculture Code, with a limitation on the amount of fruit meeting U.S.
No. 1 or higher grade requirements that may be contained in the utility
pack. This final rule also requires that containers of nectarines and
peaches meeting the ``CA Utility'' quality requirement be clearly
marked ``CA Utility.''
Need for Correction
In the final rule, FR Doc. 96-10758, published May 1, 1996, the
last sentence in section (a)(1)(ii) was inadvertently omitted,
therefore, the existing language may prove to be misleading and is in
need of clarification.
Correction of Publication
Accordingly, in FR Doc. 96-10758, page 19164, second column section
916.356, paragraph (a)(1)(ii) is corrected to read as follows:
Sec. 916.356 [Corrected]
(a) * * *
(ii) Free from serious damage due to skin breaks, cuts, growth
cracks, bruises, or other causes. Damage to any nectarine is serious
when it causes a waste of 10 percent or more, by volume, of the
individual nectarine.
* * * * *
Dated: May 20, 1996.
Robert C. Keeney,
Director, Fruit and Vegetable Division.
[FR Doc. 96-13085 Filed 5-23-96; 8:45 am]
BILLING CODE 3410-02-M
Complete official Federal Register PDF
FR Doc. 96-13079 Delegations of Authority Concerning Discrimination or Reprisal
[Federal Register Volume 61, Number 102 (Friday, May 24, 1996)]
[Rules and Regulations]
[Page 26107]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-13079]
=======================================================================
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DEPARTMENT OF VETERANS AFFAIRS
38 CFR Part 2
RIN 2900-AI12
Delegations of Authority Concerning Discrimination or Reprisal
AGENCY: Department of Veterans Affairs.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This document sets forth delegations of authority to the
General Counsel and certain subordinates to make the final decision on
a complaint of discrimination on grounds of race, color, religion, sex,
national origin, age, disability, or reprisal brought by an employee of
the Department of Veterans Affairs or an applicant for employment. The
effect of this action is to clarify and expand CFR material to specify
all delegations of authority already made concerning this subject
matter.
EFFECTIVE DATE: May 24, 1996.
FOR FURTHER INFORMATION CONTACT: Neal C. Lawson, Assistant General
Counsel (024), Office of General Counsel, Department of Veterans
Affairs, 810 Vermont Avenue, NW., Washington, DC 20420, (202) 273-6384.
SUPPLEMENTARY INFORMATION: This final rule consists of delegations of
authority and, therefore, is not subject to the notice and comment and
effective date provisions of 5 U.S.C. 553.
The Secretary hereby certifies that this rule will not have a
significant economic impact on a substantial number of small entities
as they are defined in the Regulatory Flexibility Act, 5 U.S.C. 601-
612. This rule merely sets forth delegations of authority.
There is no Catalog of Federal Domestic Assistance program number
for this regulation.
List of Subjects in 38 CFR Part 2
Authority delegations (government agencies).
Approved: May 17, 1996.
Jesse Brown,
Secretary of Veterans Affairs.
For the reasons set out in the preamble, 38 CFR part 2 is amended
as set forth below:
PART 2--DELEGATIONS OF AUTHORITY
1. The authority citation for part 2 is revised to read as follows:
Authority: 5 U.S.C. 302; 38 U.S.C. 501,512; 44 U.S.C. 3702.
2. In Sec. 2.6, paragraph (e)(6) is revised to read as follows:
Sec. 2.6 Secretary's delegations of authority to certain officials
(38 U.S.C. 512).
* * * * *
(e) * * *
(6) Authority is delegated to the General Counsel and Deputy
General Counsel and to the Assistant General Counsel and Deputy
Assistant General Counsel of Professional Staff Group IV to make the
final decision on a complaint of discrimination on grounds of race,
color, religion, sex, national origin, age, disability, or reprisal
brought by an employee of the Department of Veterans Affairs or an
applicant for employment.
(Authority: 38 U.S.C. 512)
* * * * *
[FR Doc. 96-13079 Filed 5-23-96; 8:45 am]
BILLING CODE 8320-01-P
Complete official Federal Register PDF
FR Doc. 96-13047 State Safety Participation Regulations; Federal Regulatory Reform
[Federal Register Volume 61, Number 102 (Friday, May 24, 1996)]
[Rules and Regulations]
[Pages 26124-26125]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-13047]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
49 CFR Part 212
[FRA Docket No. RSSP-3, Notice No. 5]
RIN AB08
State Safety Participation Regulations; Federal Regulatory Reform
AGENCY: Federal Railroad Administration (FRA), Department of
Transportation (DOT).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: In connection with the President's Regulatory Reform
Initiative, the FRA has reviewed all of its existing regulations. This
review identified a portion of the regulation governing state
participation in the Federal Rail Safety Program that can be removed.
FRA expects that this final rule will reduce the administrative burden
to government and industry, reduce government printing costs, and
provide a more concise and useful Title 49, Code of Federal
Regulations.
EFFECTIVE DATE: The rule becomes effective June 24, 1996.
FOR FURTHER INFORMATION CONTACT: Cynthia Walters, Trial Attorney,
Office of Chief Counsel, FRA, 400 Seventh Street, S.W., Washington,
D.C. 20590, (202) 366-0621 or Mike Calhoun, Transportation Safety
Program Specialist, Region 5 Hurst Regional Office, FRA, 8701 Bedford-
Euless Rd. Suite 425, Hurst, TX 76053, (817) 284-8142.
SUPPLEMENTARY INFORMATION: On March 4, 1995, the President issued a
memorandum directing the heads of federal departments and agencies to
conduct a page-by-page review of all agency regulations now in force
and eliminate or revise those that are outdated or otherwise in need of
reform. FRA has conducted a page-by-page review of all of its
regulations and identified the following portion of FRA's state
participation regulation, 49 CFR Part 212, Subpart D--Grants in Aid,
and corresponding appendices for removal:
FRA's Grants-in-Aid Program, 49 CFR Part 212, Subpart D, was
established as part of the State Participation program by the Federal
Railroad Safety Act of 1970. The State Participation Program allows
states to conduct investigative and surveillance activities to enforce
federal railroad safety regulations in conjunction with federal
inspection efforts. The Grants in Aid program was intended to provide a
transition to a uniform pattern of rail safety regulation and to
provide a continuing state role in rail safety regulation. As
originally conceived, the program allowed participating states to
obtain federal reimbursement of up to 50 percent of a state's allowable
cost.
Once the goal of uniform rail safety regulation was realized,
Congress elected to eliminate funding. Specifically, FRA's federal
funding share of the program declined from the maximum of 50 percent in
fiscal year 1985 to 39 percent in fiscal year 1986, 24 percent in
fiscal year 1987, and 16 percent in fiscal year 1988, due to dwindling
federal resources. There has been no federal funding available for the
Grants-in-Aid program, since fiscal year 1989. Despite the lack of
federal funds for the program, the State Participation has actually
grown. In 1989, there were 110 participating state inspectors and
currently there are 137 state inspectors participating in the program.
In general, states have continued to participate as active partners in
the program.
Appendices A, B, and C are being removed, as well, because they
were previously used to determine the levels of inspection effort and
reimbursement for Track Safety Standards, Freight Car Safety Standards,
and Operating Practices respectively.
Regulatory Impact
Executive Order 12866 and DOT Regulatory Policies
This final rule has been evaluated in accordance with existing
regulatory policies. The regulatory document is considered to be a
nonsignificant regulatory action under section 3(f) of Executive Order
12866 and does not require an assessment of costs and benefits under
section 6(a)(3) of that Order. It has not been reviewed by the Office
of Management and Budget under that Order. This rulemaking has been
reviewed under DOT Regulatory Policies and Procedures [44 FR 11034,
February 26, 1979] and found to be a nonsignificant rule.
In its regulatory analysis, FRA has determined that this rulemaking
presents no substantive issue which it could reasonably expect would
produce meaningful public comment since it is merely removing, pursuant
to Presidential directive, obsolete regulations, retention of which
could serve no useful purpose. Accordingly, pursuant to 5 U.S.C. 553(c)
and (d), the Administrative Procedure Act, FRA finds good cause exists
to publish this as a final rule without opportunity for public comment.
Federalism
FRA has analyzed this rulemaking in accordance with the principles
and
[[Page 26125]]
criteria contained in Executive Order 12612 and has determined that
this rule does not have sufficient implications for federalism to
warrant the preparation of a Federalism Assessment.
Regulatory Flexibility Act
The Regulatory Flexibility Act of 1980 (5 U.S.C. 601 et seq.)
requires a review of rules to assess their impact on small entities. In
reviewing the economic impact of the rule, FRA concluded that it will
not have any measurable impact on small entities. There are no direct
or indirect economic impacts for small units of government, businesses,
or other organizations. Therefore, it is certified that this rule will
not have a significant economic impact on a substantial number of small
entities under the provisions of the Regulatory Flexibility Act.
Paperwork Reduction Act
This rulemaking contains no reporting requirements that are subject
to OMB approval under 5 CFR Part 1320, pursuant to the Paperwork
Reduction Act of 1980 (44 U.S.C. 3501 et seq.)
Environmental Assessment
This final rule meets the criteria that establish this as a non-
major action for environmental purposes.
List of Subjects in 49 CFR Part 212
Railroad safety, State participation--Grants in aid and
corresponding appendices.
Accordingly, for the reasons set forth above, and under the
authority of 49 U.S.C. 20103, 20105, 20106, and 20113 (formerly secs.
202, 205, 206, and 208, of the Federal Railroad Safety Act of 1970, and
amended (45 U.S.C. 431, 434, 435, and 436); and 49 CFR 1.49, FRA is
taking the following action:
PART 212--[AMENDED]
Part 212, is amended by deleting Sec. 212.301 Grant authority;
Sec. 212.303 Annual funding process; Sec. 212.305 Reports; Sec. 212.307
Maximum reimbursement levels; and Appendices A, B, and C in their
entirety.
Issued in Washington, D.C. on May 16, 1996.
Jolene M. Molitoris,
Administrator, Federal Railroad Administration.
[FR Doc. 96-13047 Filed 5-23-96; 8:45 am]
BILLING CODE 4910-06-P
Complete official Federal Register PDF
FR Doc. 96-13046 Large Multiple-tube Fireworks Devices; Affirmation of Final Rule
[Federal Register Volume 61, Number 102 (Friday, May 24, 1996)]
[Rules and Regulations]
[Page 26096]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-13046]
=======================================================================
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CONSUMER PRODUCT SAFETY COMMISSION
16 CFR Parts 1500 and 1507
Large Multiple-tube Fireworks Devices; Affirmation of Final Rule
AGENCY: Consumer Product Safety Commission.
ACTION: Affirmation of final rule.
-----------------------------------------------------------------------
SUMMARY: The Commission announces that it has received no objections to
its final rule amending its fireworks regulations under the Federal
Hazardous Substances Act that was published on March 26, 1996 (61 FR
13084). Accordingly, the rule will go into effect on March 26, 1997, as
originally provided. This final rule will require that large multiple-
tube fireworks devices that have any tube with an inner diameter of 1.5
inches (3.8 cm) or greater pass a performance test for stability.
EFFECTIVE DATE: The rule published March 26, 1996 (61 FR 13084) is
effective March 26, 1997.
FOR FURTHER INFORMATION CONTACT: Samuel B. Hall, Office of Compliance,
Consumer Product Safety Commission, Washington, DC 20207-0001;
telephone (301) 504-0400, ext. 1371.
SUPPLEMENTARY INFORMATION: On March 26, 1996, the Commission issued a
final rule amending its fireworks regulations under the Federal
Hazardous Substances Act. 61 FR 13084, corrected 61 FR 18245 (April 25,
1996). This final rule will require that large multiple-tube fireworks
devices that have any tube with an inner diameter of 1.5 inches (3.8
cm) or greater pass a performance test for stability. Under the test,
these devices may not tip over when inclined at an angle of 60 degrees
from the horizontal. This requirement is intended to reduce the risk of
injury posed when these fireworks devices tip over during firing. If
they tip over, subsequent tubes may discharge in the direction of
spectators or others in the vicinity.
A proceeding to classify a substance as a banned hazardous
substance under section 2(q)(1) of the FHSA is governed by sections
3(f)-(i) of the FHSA, and by sections 701(e)-(g) of the Federal Food,
Drug, and Cosmetic Act (``FDCA''), 21 U.S.C. 371(e)-(g). See 15 U.S.C.
1261(q)(2). These procedures provide that once the Commission issues a
final rule, persons who would be adversely affected by the rule have 30
days in which to file objections with the Commission stating the
grounds therefor, and to request a public hearing on those objections.
21 U.S.C. 371(e). This period for objections expired on April 25, 1996.
The Commission is required to publish a notice in the Federal
Register specifying any parts of the regulation that have been stayed
by the filing of proper objections or, if no objections have been
filed, stating that fact. By this notice, the Commission states that no
objections to the final rule were filed in this proceeding.
Accordingly, the rule will go into effect on March 26, 1997, as
originally provided. The rule will apply to the subject multiple-tube
fireworks devices that first enter interstate commerce or are imported
on or after the effective date.
Dated: May 20, 1996.
Sadye E. Dunn,
Secretary, Consumer Product Safety Commission.
[FR Doc. 96-13046 Filed 5-23-96; 8:45 am]
BILLING CODE 6355-01-P
Complete official Federal Register PDF
FR Doc. 96-13021 Maleic Hydrazide, Oryzalin, Hexazinone, Streptomycin; Tolerance Actions
[Federal Register Volume 61, Number 102 (Friday, May 24, 1996)]
[Rules and Regulations]
[Pages 26118-26120]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-13021]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 180
[OPP-300405A; FRL-4996-1]
RIN 2070-AB78
Maleic Hydrazide, Oryzalin, Hexazinone, Streptomycin; Tolerance
Actions
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: EPA is issuing a final tolerance rule for maleic hydrazide,
oryzalin, hexazinone, and streptomycin. EPA has completed the
reregistration process and issued a Reregistration Eligibility Decision
(RED). In the reregistration process, all information to support a
pesticide's continued registration is reviewed for adequacy and, when
needed, supplemented with new scientific studies. Based on the RED
tolerance assessments for the pesticide chemicals subject to this rule,
EPA is revoking various tolerances for maleic hydrazide, oryzalin, and
hexazinone. This rule also deletes as surplusage the term
``negligible'' from a regulation on streptomycin.
EFFECTIVE DATES: This regulations is effective June 24, 1996.
ADDRESSES: Written objections and hearing requests, identified by the
document control number, [OPP-300405A], may be submitted to: Hearing
Clerk (1900), Environmental Protection Agency, Rm. M3708, 401 M St.,
SW., Washington, DC 20460. A copy of any objections and hearing
requests filed with the Hearing Clerk should be identified by the
document control number and submitted to: Public Response and Program
Resources
[[Page 26119]]
Branch, Field Operations Division (7506C), Office of Pesticide
Programs, Environmental Protection Agency, 401 M St., SW., Washington ,
DC 20460. In person, bring copy of objections and hearing requests to
Rm. 1132, CM #2, 1921 Jefferson Davis Hwy., Arlington, VA 22202. 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. An electronic
copy of objections and hearing requests filed with the Hearing Clerk
may be submitted to OPP by sending electronic mail (e-mail) to:opp-
[email protected].
Copies of electronic objections and hearing requests must be
submitted as an ASCII file avoiding the use of special characters and
any form of encryption. Copies of electronic objections and hearing
requests will also be accepted on disks in WordPerfect 5.1 file format
or ASCII file format. All copies of electronic objections and hearing
requests must be identified by the docket number [OPP-300405A] . No
Confidential Business Information (CBI) should be submitted through e-
mail. Copies of electronic objections and hearing requests on this rule
may be filed online at many Federal Depository Libraries. Additional
information on electronic submissions can be found below in this
document.
FOR FURTHER INFORMATION CONTACT: By mail: Jeff Morris, Special Review
and Reregistration Division (7508W), Environmental Protection Agency,
401 M St., SW., Washington, DC 20460. Office location: Special Review
Branch, Crystal Station #1, 3rd Floor, 2800 Crystal Drive, Arlington,
VA 22202. Telephone: (703)-308-8029; e-mail:
[email protected].
SUPPLEMENTARY INFORMATION: In the Federal Register of December 6, 1995
(60 FR 62361), EPA issued a proposed rule that gave notice that EPA
intended to revoke various tolerances for maleic hydrazide, oryzalin,
and hexazinone. EPA also proposed to delete as surplusage the term
``negligible'' from a regulation on streptomycin.
There were no comments or requests for referral to an advisory
committee received in response to the proposed rule.
The data submitted with the proposal and other relevant material
have been evaluated and discussed in the proposed rule. Based on the
data and information considered, the Agency concludes that the
tolerances are not needed to protect the public health. Therefore, the
tolerances are being removed as set forth below.
Any person adversely affected by this regulation may, within 30
days after publication of this document in the Federal Register, file
written objections to the regulation and may also request a hearing on
those objections. Objections and hearing requests must be filed with
the Hearing Clerk, at the address given above (40 CFR 178.20). A copy
of the objections and/or hearing requests filed with the Hearing Clerk
should be submitted to the OPP docket for this rulemaking. The
objections submitted must specify the provisions of the regulation
deemed objectionable and the grounds for the objections (40 CFR
178.25). Each objection must be accompanied by the fee prescribed by 40
CFR 180.33(i). If a hearing is requested, the objections must include a
statement of the factual issue(s) on which a hearing is requested, the
requestor's contentions on such issues, and a summary of any evidence
relied upon by the objector (40 CFR 178.27). A request for a hearing
will be granted if the Administrator determines that the material
submitted shows the following: There is genuine and substantial issue
of fact; there is a reasonable possibility that available evidence
identified by the requestor would, if established, resolve one or more
of such issues in favor of the requestor, taking into account
uncontested claims or facts to the contrary; and resolution of the
factual issue(s) in the manner sought by the requestor would be
adequate to justify the action requested (40 CFR 178.32).
EPA has established a record for this rulemaking under docket
number [OPP-300405A] (including any comments and data submitted
electronically). A public version of this record, including printed,
paper versions of electronic comments, which does not include any
information claimed as CBI, is available for inspection from 8 a.m. to
4:30 p.m., Monday through Friday, excluding legal holidays. The public
record is located in Room 1132 of the Public Response and Program
Resources Branch, Field Operations Division (7506C), Office of
Pesticide Programs, Environmental Protection Agency, Crystal Mall #2,
1921 Jefferson Davis Highway, Arlington, VA.
Electronic comments may be sent directly to EPA at:
[email protected].
Electronic comments must be submitted as an ASCII file avoiding the
use of special characters and any form of encryption.
The official record for this rulemaking, as well as the public
version, as described above will be kept in paper form. Accordingly,
EPA will transfer any copies of objections and hearing requests
received electronically into printed, paper form as they are received
and will place the paper copies in the official rulemaking record which
will also include all comments submitted directly in writing. The
official rulemaking record is the paper record maintained at the
address in ``ADDRESSES'' at the beginning of this document.
Under Executive Order 12866 (58 FR 51735, October 4, 1993), the
Agency must determine whether the regulatory action is ``significant''
and therefore subject to all the requirements of the Executive Order
(i.e., Regulatory Impact Analysis, review by the Office of Management
and Budget (OMB)). Under section 3(f), the order defines
``significant'' as those actions likely to lead to a rule (1) having an
annual effect on the economy of $100 million or more, or adversely and
materially affecting a sector of the economy, productivity,
competition, jobs, the environment, public health or safety, or State,
local or tribal governments or communities (also known as
``economically significant''); (2) creating serious inconsistency or
otherwise interfering with an action taken or planned by another
agency; (3) materially altering the budgetary impacts of entitlement,
grants, user fees, or loan programs; or (4) raising novel legal or
policy issues arising out of legal mandates, the President's
priorities, or the principles set forth in this Executive Order.
Pursuant to the terms of this Executive Order, EPA has determined
that this rule is not ``significant'' and is therefore not subject to
OMB review.
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).
This final rule contains no Federal mandates under Title II of the
Unfunded Mandates Reform Act of 1995, Pub. L. 104-4, for State, local,
or tribal governments or the private sector, because it would not
impose enforceable duties on them.
List of Subjects in 40 CFR Part 180
Environmental protection, Administrative practice and procedure,
Agricultural commodities, Pesticides
[[Page 26120]]
and pests, Reporting and recordkeeping requirements.
Dated: May 14, 1996.
Lois Rossi,
Director, Special Review and Reregistration Division, Office of
Pesticide Programs.
Therefore, 40 CFR part 180 is amended as follows:
PART 180--[AMENDED]
1. The authority citation for part 180 continues to read as
follows:
Authority: 21 U.S.C. 346a and 371.
Sec. 180.175 [Amended]
2. In Sec. 180.175 Maleic hydrazide; tolerances for residues; by
removing and reserving paragraph (b).
Sec. 180.245 [Amended]
3. By amending Sec. 180.245 Streptomycin; tolerances for residues;
by removing the term ``negligible'' from the text.
Sec. 180.304 [Amended]
4. In Sec. 180.304 Oryzalin; tolerances for residues; by amending
paragraph (a) in the table therein by removing the entries for
``cottonseed,'' ``grain, barley,'' ``grain, wheat,'' ``peas
(succulent),'' ``potatoes,'' and ``soybeans.''
Sec. 180.396 [Amended]
5. In Sec. 180.396 Hexazinone; tolerances for residues; by amending
paragraph (a) in the table therein by removing the entries for
``eggs,'' ``poultry, fat,'' ``poultry, mbyp,'' ``poultry, meat,''
``pineapple, fodder,'' and ``pineapple, forage.''
[FR Doc. 96-13021 Filed 5-23-96; 8:45 am]
BILLING CODE 6560-50-F
Complete official Federal Register PDF
FR Doc. 96-13019 Oxo-Alkyl Acetates; Tolerance Exemption
[Federal Register Volume 61, Number 102 (Friday, May 24, 1996)]
[Rules and Regulations]
[Pages 26117-26118]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-13019]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 180
[OPP-300412A; FRL-5359-4]
RIN 2070-AB78
Oxo-Alkyl Acetates; Tolerance Exemption
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This document exempts from the requirements of a tolerance
residues of a group of chemicals known as oxo-alkyl acetates [oxo-hexyl
acetate (CAS Reg. No. 88230-35-7), oxo-heptyl acetate (CAS Reg. No.
90438-79-2), oxo-octyl acetate (CAS Reg. No. 108419-32-5), oxo-nonyl
acetate (CAS Reg. No.108419-34-7), oxo-decyl acetate (CAS Reg. No.
108419-33-6), and oxo-tridecyl acetate (CAS Reg. No. 108419-35-8)] when
used as a solvent in pesticide formulations. This regulation was
requested by Exxon Chemical Co., Performance Products Group.
EFFECTIVE DATE: May 24, 1996.
ADDRESSES: Written objections and hearing requests, identified by the
document control number, [OPP-300412A], may be submitted to: Hearing
Clerk (1900), Environmental Protection Agency, Rm. M3708, 401 M St.,
SW., Washington, DC 20460. Fees accompanying objections and hearing
requests shall be labeled ``Tolerance Petition Fees'' and forwarded to:
EPA Headquarters Accounting Operations Branch, OPP (Tolerance Fees),
P.O. Box 360277M, Pittsburgh, PA 15251. A copy of any objections and
hearing requests filed with the Hearing Clerk should be identified by
the document control number and submitted to: Public Response and
Program Resources Branch, Field Operations Division (7506C), Office of
Pesticide Programs, Environmental Protection Agency, 401 M St., SW.,
Washington, DC 20460. In person, bring copy of objections and hearing
requests to: Rm. 1132, CM #2, 1921 Jefferson Davis Hwy., Arlington, VA
22202.
A copy of objections and hearing requests filed with the Hearing
Clerk may also be submitted electronically by sending electronic mail
(e-mail) to: [email protected]. Copies of objections and
hearing requests must be submitted as an ASCII file avoiding the use of
special characters and any form of encryption. Copies of objections and
hearing requests will also be accepted on disks in WordPerfect in 5.1
file format or ASCII file format. All copies of objections and hearing
requests in electronic form must be identified by the docket number
[OPP-300412A]. No Confidential Business Information (CBI) should be
submitted through e-mail. Electronic copies of objections and hearing
requests on this rule may be filed online at many Federal Depository
Libraries. Additional information on electronic submissions can be
found below in this document.
FOR FURTHER INFORMATION CONTACT: By mail: Amelia M. Acierto,
Registration Support Branch, Registration Division (7505W), Office of
Pesticide Programs, Environmental Protection Agency, 401 M St., SW.,
Washington, DC 20460. Office location, telephone number, and e-mail
address: 2800 Crystal Drive, North Tower, Arlington, VA, 703-308-8375;
e-mail: [email protected].
SUPPLEMENTARY INFORMATION: In the Federal Register of February 14, 1996
(61 FR 5728), Exxon Chemical Co., Performance Products Group, Linden,
NJ 07036, submitted pesticide petition (PP) 3E04267 to EPA requesting
that the Administrator, pursuant to section 408(e) of the Federal Food,
Drug, and Cosmetic Act (FFDCA), 21 U.S.C. 346a(e), propose to amend 40
CFR 180.1001(d) by establishing an exemption from the requirement of a
tolerance for oxo-alkyl acetates [oxo-hexyl acetate (CAS Reg. No.
88230-35-7), oxo-heptyl acetate (CAS Reg. No. 90438-79-2), oxo-octyl
acetate (CAS Reg. No. 108419-32-5), oxo-nonyl acetate (CAS Reg. No.
108419-34-7), oxo-decyl acetate (CAS Reg. No. 108419-33-6), and oxo-
tridecyl acetate (CAS Reg. No. 108419-35-8)] when used as solvents in
pesticide formulations applied to growing crops only.
There were no comments received in response to the proposed rule.
Based upon an evaluation of the toxicological data which shows no
evidence of mutagenicity (Ames Test), and no significant acute and
subchronic or developmental toxicity of the branched alkyl acetates in
this molecular weight range (C8-C13 alkyl acetates), the
Agency concludes that this chemical poses no significant risks under
the conditions of use and that no further data are required.
Based upon the toxicological data evaluated, the physico-chemical
properties of oxo-alkyl acetates and information regarding their use,
the Agency has found that, when used in accordance with good
agricultural practice, these ingredients are useful and a tolerance is
not necessary to protect the public health. Therefore, EPA is exempting
oxo-alkyl acetates from the requirement of a tolerance as set forth
below.
Any person adversely affected by this regulation may, within 30
days after publication of this document in the Federal Register, file
written objections to the regulation and may also request a hearing on
those objections. Objections and hearing requests must be filed with
the Hearing Clerk, at the address given above (40 CFR 178.20). A copy
of the objections and/or hearing requests filed with the Hearing Clerk
should be submitted to the OPP docket for this rulemaking. The
objections submitted must specify the provisions
[[Page 26118]]
of the regulation deemed objectionable and the grounds for the
objections (40 CFR 178.25). Each objection must be accompanied by the
fee prescribed by 40 CFR 180.33(i). If a hearing is requested, the
objections must include a statement of the factual issue(s) on which a
hearing is requested, the requestor's contentions on such issues, and a
summary of any evidence relied upon by the objector (40 CFR 178.27). A
request for a hearing will be granted if the Administrator determines
that the material submitted shows the following: There is genuine and
substantial issue of fact; there is a reasonable possibility that
available evidence identified by the requestor would, if established,
resolve one or more of such issues in favor of the requestor, taking
into account uncontested claims or facts to the contrary; and
resolution of the factual issue(s) in the manner sought by the
requestor would be adequate to justify the action requested (40 CFR
178.32).
EPA has established a record for this rulemaking under docket
number [OPP-300401A] (including any comments and data submitted
electronically). A public version of this record, including printed,
paper versions of electronic comments, which does not include any
information claimed as CBI, is available for inspection from 8 a.m. to
4:30 p.m., Monday through Friday, excluding legal holidays. The public
record is located in Room 1132 of the Public Response and Program
Resources Branch, Field Operations Division (7506C), Office of
Pesticide Programs, Environmental Protection Agency, Crystal Mall #2,
1921 Jefferson Davis Highway, Arlington, VA.
Electronic comments may be sent directly to EPA at:
[email protected].
Electronic comments must be submitted as an ASCII file avoiding the
use of special characters and any form of encryption.
The official record for this rulemaking, as well as the public
version, as described above will be kept in paper form. Accordingly,
EPA will transfer any copies of objections and hearing requests
received electronically into printed, paper form as they are received
and will place the paper copies in the official rulemaking record which
will also include all comments submitted directly in writing. The
official rulemaking record is the paper record maintained at the
address in ``ADDRESSES'' at the beginning of this document.
The Office of Management and Budget has exempted this proposed rule
from the requirements of section 3 of Executive Order 12866.
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, Recording and
recordkeeping requirements.
Dated: May 10, 1996.
Peter Caulkins,
Acting Director, Registration Division, Office of Pesticide Programs.
Therefore, 40 CFR part 180 is amended as follows:
PART 180--[AMENDED]
1. The authority citation for part 180 continues to read as
follows:
Authority: 21 U.S.C. 346a and 371.
2. In Sec. 180.1001(d) the table is amended by adding
alphabetically the following inert ingredients, to read as follows:
Sec. 180.1001 Exemptions from the requirement of a tolerance.
* * * * *
(d) * * *
----------------------------------------------------------------------------------------------------------------
Inert ingredients Limits Uses
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Oxo-decyl acetate (CAS reg. No. 108419-33-6) ............................ Solvent
Oxo-heptyl acetate (CAS Reg. No. 90438-79-2) ............................ Solvent
Oxo-hexyl acetate (CAS Reg. No. 88230-35-7). ............................ Solvent
Oxo-nonyl acetate (CAS Reg. No. 108419-34-7) ............................ Solvent
Oxo-octyl acetate (CAS Reg. No. 108419-32-5) ............................ Solvent
Oxo-tridecyl acetate (CAS Reg. No. 108419-35- ............................ Solvent
8).
* * * * * * *
----------------------------------------------------------------------------------------------------------------
[FR Doc. 96-13019 Filed 5-23-96; 8:45 am]
BILLING CODE 6560-50-F
Complete official Federal Register PDF
FR Doc. 96-12965 Basic Permit Requirements Under the Federal Alcohol Administration Act, Nonindustrial Use of Spirits and Wine, Bulk Sales and Bottling of Distilled Spirits (95R-023P)
[Federal Register Volume 61, Number 102 (Friday, May 24, 1996)]
[Rules and Regulations]
[Pages 26096-26102]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-12965]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF THE TREASURY
Bureau of Alcohol, Tobacco and Firearms
27 CFR Parts 1, 2, and 3
[T.D. ATF-373]
RIN 1512-AB43
Basic Permit Requirements Under the Federal Alcohol
Administration Act, Nonindustrial Use of Spirits and Wine, Bulk Sales
and Bottling of Distilled Spirits (95R-023P)
AGENCY: Bureau of Alcohol, Tobacco and Firearms (ATF), Department of
the Treasury.
ACTION: Final Rule, Treasury decision.
-----------------------------------------------------------------------
SUMMARY: As part of a regulatory reform initiative, the Bureau of
Alcohol, Tobacco and Firearms (ATF) is revising and recodifying the
regulations covering the basic permit requirements, the nonindustrial
use of spirits and wine, and the bulk sales and bottling of distilled
spirits under the Federal Alcohol Administration Act. Changes include
consolidating 27 CFR parts 1, 2, and 3 into a single part 1 for ease of
use and minor technical corrections.
[[Page 26097]]
EFFECTIVE DATE: May 24, 1996.
FOR FURTHER INFORMATION CONTACT: David Brokaw, Wine, Beer and Spirits
Regulations Branch, Bureau of Alcohol, Tobacco and Firearms, 650
Massachusetts Avenue, NW., Washington, DC 20226 (202) 927-8230.
SUPPLEMENTARY INFORMATION:
Background
The regulations in 27 CFR parts 1, 2, and 3 implement various
provisions of the Federal Alcohol Administration Act (FAA Act), 27
U.S.C. 201 et seq. The regulations in part 1 govern the issuance,
amendment, denial, revocation, suspension, automatic termination, and
annulment of basic permits. These regulations implement sections 103
and 104 of the FAA Act, 27 U.S.C. 203 and 204, which requires basic
permits of persons engaged in business as importers, producers, or
wholesalers of distilled spirits, wine, or malt beverages. The FAA Act
defines the terms ``distilled spirits'' and ``wine'' to include only
products for ``nonindustrial'' use. The regulations in part 2 specify
the uses of distilled spirits and wine that are deemed
``nonindustrial,'' as that term is used in section 117 of the FAA Act,
27 U.S.C. 211(a) (5) and (a) (6). Finally, section 106 of the FAA Act,
27 U.S.C. 206, provides that bulk distilled spirits may only be sold to
certain classes of persons, including distillers, winemakers for the
fortification of wine, operators of class 8 Customs bonded warehouses,
and agencies of the United States or any State. The regulations in part
3 implement these provisions.
On February 21, 1995, President Clinton announced a regulatory
reform initiative. As part of this initiative, each Federal agency was
instructed to conduct a page by page review of all agency regulations
to identify those which are obsolete or burdensome and those whose
goals could be better achieved through the private sector, self-
regulation or State and local governments. In cases where the agency's
review disclosed regulations which should be revised or eliminated, the
agency would, as soon as possible, propose administrative changes to
the regulations. In addition, on April 13, 1995, the Bureau published
Notice No. 809 (60 FR 18783), which requested comments from the public
regarding which ATF regulations could be improved or eliminated.
ATF did not receive any specific comments from the public regarding
27 CFR parts 1, 2, and 3. However, in keeping with the President's
regulatory reform initiative, the Bureau has decided to consolidate
parts 1, 2, and 3 into a single part 1 for ease of use. This
consolidation will eliminate some of the duplicative material, such as
definitions of terms under the FAA Act which may be found in more than
one part.
ATF is also making certain minor technical corrections in the new
part 1. References to sections of the FAA Act have been corrected to
reflect the changes in section numbering arising out of the enactment
of the Alcoholic Beverage Labeling Act of 1988, Pub.L. 100-690.
Definitions of the terms ``distilled spirits'' and ``wine'' which refer
to sections of the FAA Act have been clarified by adding citations to
Title 27 of the United States Code. Conforming changes to the
regulations which define the ``nonindustrial'' uses of distilled
spirits and wines have been made to reflect technical amendments to the
sections of the Internal Revenue Code of 1986 which set forth the
conditions under which distilled spirits and wines may be withdrawn
free of tax. See 26 U.S.C. 5214 (a) (2) and 5362 (c) (9). Finally,
references in section 1.30 to the form for executing a power of
attorney have been updated to refer to Form 5000.8 (1534), to reflect
the new number for that form. ATF is making several other minor
technical changes in the regulations.
Paperwork Reduction Act
The provisions of the Paperwork Reduction Act of 1980, Pub. L. 96-
511, 44 U.S.C. Chapter 35, and its implementing regulations, 5 CFR Part
1320, do not apply to this rule because no new requirement to collect
information is imposed.
Regulatory Flexibility Act
Because no notice of proposed rulemaking is required for this rule,
the provisions of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.)
do not apply.
Executive Order 12866
It has been determined that this rule is not a significant
regulatory action because it will not, (1) Have an annual effect on the
economy of $100 million or more or adversely affect in a material way
the economy, a sector of the economy, productivity, competition, jobs,
the environment, public health or safety, or State, local or tribal
governments or communities; (2) Create a serious inconsistency or
otherwise interfere with an action taken or planned by another agency;
(3) Materially alter the budgetary impact of entitlements, grants, user
fees, or loan programs or the rights and obligations of recipients
thereof; or (4) Raise novel legal or policy issues arising out of legal
mandates, the President's priorities, or the principles set forth in
Executive Order 12866.
Administrative Procedures Act
Because this final rule merely makes technical amendments and
conforming changes to improve the clarity of the regulations, it is
unnecessary to issue this final rule with notice and public procedure
under 5 U. S. C. 553(b). Similarly, it is unnecessary to subject this
final rule to the effective date limitation of 5 U.S.C. 553(d).
Drafting Information
The principal author of this document is David W. Brokaw, Wine,
Beer, and Spirits Regulations Branch, Bureau of Alcohol, Tobacco, and
Firearms.
List of Subjects in 27 CFR Part 1
Administrative practices and procedures, Alcohol and alcoholic
beverages, Authority delegations, Imports, Liquors, Warehouses, and
Wine.
Authority and Issuance
PARTS 2 AND 3--[REMOVED]
Paragraph 1. Title 27 Code of Federal Regulations parts 2 and 3 are
removed and part 1 is revised as follows:
PART 1--BASIC PERMIT REQUIREMENTS UNDER THE FEDERAL ALCOHOL
ADMINISTRATION ACT, NONINDUSTRIAL USE OF DISTILLED SPIRITS AND
WINE, BULK SALES AND BOTTLING OF DISTILLED SPIRITS
Subpart A--Scope
Sec.
1.1 General.
1.2 Territorial extent.
1.3 Forms prescribed.
Subpart B--Definitions
1.4 Meaning of terms.
Subpart C--Basic Permits
When Required
1.20 Importers.
1.21 Domestic producers, rectifiers, blenders, and warehousemen.
1.22 Wholesalers.
1.23 State agencies.
Persons Entitled to Basic Permits
1.24 Qualifications of applicants.
Applications for Permits
1.25 General.
1.26 Incomplete or incorrectly executed applications.
1.27 Change in ownership, management, or control of the applicant.
1.29 Individual plant or premises.
1.30 Power of attorney; Form 5000.8 (1534).
1.31 Denial of permit applications.
[[Page 26098]]
Authorization
1.35 Authority to issue, amend, deny, suspend, revoke, or annul
basic permits.
Amendment and Duration of Basic Permits
1.40 Change of name.
1.41 Change of address.
1.42 Change in ownership, management, or control of business.
1.43 Duration of permits.
1.44 Automatic termination of permits. Revocation, Suspension, or
Annulment of Basic Permits
1.50 Revocation or suspension.
1.51 Annulment.
1.52 Disposition of stocks of alcoholic beverages upon revocation,
annulment, or automatic termination of basic permit.
Miscellaneous
1.55 Recalling permits for correction.
1.56 Oaths and affirmations.
1.57 Procedure.
1.58 Filing of permits.
1.59 Public information as to applications acted upon.
Subpart D--Nonindustrial Use of Distilled Spirits and Wine
Uses Regarded as Industrial
1.60 Use of distilled spirits.
1.61 Use of wine.
1.62 Use of distilled spirits or wine for experimental purposes and
in manufacture of nonbeverage products.
Uses Classed as Nonindustrial
1.70 General.
1.71 Distilled spirits in containers of a capacity of one gallon or
less.
Subpart E--Bulk Sales and Bottling of Distilled Spirits
Bulk Sales and Bottling
1.80 Sales of distilled spirits in bulk.
1.81 Importation of distilled spirits in bulk.
1.82 Acquiring or receiving distilled spirits in bulk for
redistillation, processing, rectification, warehousing, or
warehousing and bottling.
1.83 Acquiring or receiving distilled spirits in bulk for addition
to wine.
1.84 Acquisition of distilled spirits in bulk by Government
agencies.
Warehouse Receipts
1.90 Distilled spirits in bulk.
1.91 Bottled distilled spirits.
Sales of Distilled Spirits for Industrial Use
1.95 General.
Authority: 27 U.S.C. 203, 204, 206, 211 unless otherwise noted.
Subpart A--Scope
Sec. 1.1 General.
(a) The regulations in this part relate to requirements governing
the issuance, amendment, denial, revocation, suspension, automatic
termination, and annulment of basic permits and the duration of
permits, except that the provisions of part 200, Rules of Practice in
Permit Proceedings, of this chapter are hereby made applicable to
administrative proceedings with respect to the application for, and to
the suspension, revocation, or annulment of, basic permits under the
Federal Alcohol Administration Act.
(b) The regulations in this part also specify what uses of
distilled spirits and wine are ``nonindustrial,'' as that term is used
in section 117 of the Federal Alcohol Administration Act (27 U.S.C.
211). Finally, this part, in accordance with section 106 of the Federal
Alcohol Administration Act (27 U.S.C. 206), contains the substantive
requirements relative to bulk sales and bottling of distilled spirits
under the Federal Alcohol Administration Act, including the terms of
warehouse receipts for distilled spirits in bulk. No procedural
requirements are prescribed.
Sec. 1.2 Territorial extent.
The provisions of this part are applicable to the several States of
the United States, the District of Columbia and Puerto Rico.
Sec. 1.3 Forms prescribed.
(a) The Director is authorized to prescribe all forms required by
this part. All of the information called for in each form shall be
furnished as indicated by the headings on the form and the instructions
on or pertaining to the form. In addition, information called for in
each form shall be furnished as required by this part.
(b) Requests for forms should be mailed to the ATF Distribution
Center, PO Box 5950, Springfield, Virginia 22153-5950
Subpart B--Definitions
Sec. 1.4 Meaning of terms.
As used in this part, unless the context otherwise requires, terms
shall have the meaning ascribed in this part.
Act. The Federal Alcohol Administration Act.
Alcohol. Ethyl alcohol distilled at or above 190 deg. proof.
Applicant. Any person who has filed with the regional director
(compliance) an application for a basic permit under the Federal
Alcohol Administration Act.
ATF officer. An officer or employee of the Bureau of Alcohol,
Tobacco and Firearms (ATF) authorized to perform any function relating
to the administration and enforcement of this part.
Basic permit. A formal document issued under the Act in the form
prescribed by the Director, authorizing the person named therein to
engage in the activities specified at the location stated.
Brandy. Brandy or wine spirits for addition to wines as permitted
by internal revenue law.
Director. The Director, Bureau of Alcohol, Tobacco and Firearms,
the Department of the Treasury, Washington, DC.
Distilled spirits. Section 117(a) of the Federal Alcohol
Administration Act (27 U.S.C. 211(a)) defines ``distilled spirits'' as
ethyl alcohol, hydrated oxide of ethyl, spirits of wine, whiskey, rum,
brandy, gin, and other distilled spirits, including all dilutions and
mixtures thereof for nonindustrial use.
In bulk. Distilled spirits in containers having a capacity in
excess of one wine gallon.
Other term. Any other term defined in the Federal Alcohol
Administration Act and used in this part shall have the same meaning
assigned to it by the Act.
Permittee. Any person holding a basic permit issued under the
Federal Alcohol Administration Act.
Person. Any individual, partnership, joint-stock company, business
trust, association, corporation, or other form of business enterprise,
including a receiver, trustee, or liquidating agent.
Regional director (compliance). The principal ATF regional official
responsible for administering regulations in this part.
Resale at wholesale. A sale to any trade buyer.
Trade buyer. Any person who is a wholesaler or retailer of
distilled spirits, wine, or malt beverages.
Wine. Section 117(a) of the Federal Alcohol Administration Act (27
U.S.C. 211(a)) defines ``wine'' as:
(a) Wine as defined in section 610 and section 617 of the Revenue
Act of 1918 (26 U.S.C. 5381-5392), as now in force or hereafter
amended, and
(b) Other alcoholic beverages not so defined, but made in the
manner of wine, including sparkling and carbonated wine, wine made from
condensed grape must, wine made from other agricultural products than
the juice of sound, ripe grapes, imitation wine, compounds sold as
wine, vermouth, cider, perry, and sake; in each instance, only if
containing not less than 7 percent and not more than 24 percent of
alcohol by volume, and if for nonindustrial use.
Wine gallon. The liquid measure equivalent to the volume of 231
cubic inches.
Subpart C--Basic Permits
When Required
Sec. 1.20 Importers.
No person, except pursuant to a basic permit issued under the Act,
shall:
[[Page 26099]]
(a) Engage in the business of importing into the United States
distilled spirits, wine, or malt beverages; or
(b) While so engaged, sell, offer or deliver for sale, contract to
sell, or ship, in interstate or foreign commerce, directly or
indirectly or through an affiliate, distilled spirits, wine, or malt
beverages so imported.
Sec. 1.21 Domestic producers, rectifiers, blenders, and warehousemen.
No person, except pursuant to a basic permit issued under the Act,
shall:
(a) Engage in the business of distilling distilled spirits,
producing wine, rectifying or blending distilled spirits or wine, or
bottling, or warehousing and bottling, distilled spirits; or
(b) While so engaged, sell, offer or deliver for sale, contract to
sell, or ship, in interstate or foreign commerce, directly or
indirectly or through an affiliate, distilled spirits or wine so
distilled, produced, rectified, blended, or bottled, or warehoused and
bottled.
Sec. 1.22 Wholesalers.
No person, except pursuant to a basic permit issued under the Act,
shall:
(a) Engage in the business of purchasing for resale at wholesale,
distilled spirits, wine, or malt beverages; or,
(b) While so engaged, receive, sell, offer or deliver for sale,
contract to sell, or ship in interstate or foreign commerce, directly
or indirectly or through an affiliate, distilled spirits, wine, or malt
beverages so purchased.
Sec. 1.23 State agencies.
This subpart shall not apply to any agency of a State or political
subdivision thereof or to any officer or employee of any such agency,
and no such agency or officer or employee thereof shall be required to
obtain a basic permit under this subpart.
Persons Entitled to Basic Permits
Sec. 1.24 Qualifications of applicants.
The application of any person shall be granted and the permit
issued by the regional director (compliance) if the applicant proves to
the satisfaction of the regional director (compliance) that:
(a) Such person (or in case of a corporation, any of its officers,
directors, or principal stockholders) has not, within 5 years prior to
the date of application, been convicted of a felony under Federal or
State law, and has not, within 3 years prior to date of application,
been convicted of a misdemeanor under any Federal law relating to
liquor, including the taxation thereof; and
(b) Such person, by reason of the person's business experience,
financial standing or trade connections, is likely to commence
operations as a distiller, warehouseman and bottler, rectifier, wine
producer, wine blender, importer, or wholesaler, as the case may be,
within a reasonable period and to maintain such operations in
conformity with Federal law; and
(c) The operations proposed to be conducted by such person are not
in violation of the law of the State in which they are to be conducted.
Applications for Permits
Sec. 1.25 General.
Applications for basic permits to engage in any of the operations
set forth in Secs. 1.20 to 1.22 shall be made on the appropriate form
prescribed by the Director, verified as required by Sec. 1.56, and
shall be accompanied by such affidavits, documents, and other
supporting data, as the Director or the regional director (compliance)
shall require. All data, written statements, affidavits, documents, or
other evidence submitted in support of the application, or upon hearing
thereon, shall be deemed to be a part of the application. All
applications shall be filed by mailing or delivering the same to the
office of the regional director (compliance).
Sec. 1.26 Incomplete or incorrectly executed applications.
Incomplete or incorrectly executed applications will not be acted
upon, but the applicant shall be entitled to file a new application
without prejudice, or to complete the application already filed.
Sec. 1.27 Change in ownership, management, or control of the
applicant.
In the event of any change in the ownership, management, or control
of the applicant (in case of a corporation, any change in the officers,
directors, or persons holding more than 10 percent of the corporate
stock), after the date of filing of any application for a basic permit
and prior to final action on such application, the applicant shall
notify the regional director (compliance) immediately of such change.
Sec. 1.29
Individual plant or premises.
An application for a basic permit must be filed, and permit issued,
to cover each individual plant or premises where any of the businesses
specified in section 103 of the Act is engaged in, such application to
be filed with and permit issued by the regional director (compliance)
for the region wherein such plant or premises is located.
Sec. 1.30 Power of attorney; Form 5000.8 (1534).
If the application and other documents in support of such
application are signed by an attorney in fact of an individual,
partnership, association, or corporation, or by one of the members of a
copartnership or association, or, in the case of a corporation by an
officer or other person not authorized by the corporation's bylaws or
by its board of directors to sign such applications and supporting
documents, the applications must be supported by a duly authenticated
copy of the power of attorney conferring authority upon the person
signing the documents to execute the same. Such powers of attorney will
be executed on Form 5000.8 (1534), in triplicate, and submitted to the
regional director (compliance).
(Approved by the Office of Management and Budget under control
number 1512-0079)
Sec. 1.31 Denial of permit applications.
If, upon examination of any application for a basic permit, the
regional director (compliance) has reason to believe that the applicant
is not entitled to such a permit, the regional director (compliance)
shall institute proceedings for the denial of the application in
accordance with the procedure set forth in part 200 of this chapter.
Authorization
Sec. 1.35 Authority to issue, amend, deny, suspend, revoke, or annul
basic permits.
The authority and power of issuing, amending, or denying basic
permits, or amendments thereof, is conferred upon the Director and
(except as to agency initiated curtailment) upon the regional director
(compliance). The authority and power of suspending, revoking, or
annulling basic permits is conferred upon the Director, and upon the
administrative law judges referred to in part 200 of this chapter. The
Director, upon consideration of appeals on petitions for review, may
order the regional director (compliance) to issue, deny, suspend,
revoke, or annul basic permits.
Amendment and Duration of Basic Permits
Sec. 1.40 Change of name.
In the event of any change in the name (trade or corporate name) of
a permittee, or, in the event a permittee desires to engage in
operations under an additional trade name, such permittee must file
application Form 5100.18 (1643), with the regional director
(compliance), for an amended basic
[[Page 26100]]
permit, which application must be approved, and amended permit issued,
before operations may be commenced under the new name.
(Approved by the Office of Management and Budget under control
number 1512-0090)
Sec. 1.41 Change of address.
In the event of a change in address the permittee must file
application Form 5100.18 (1643), with the regional director
(compliance), for an amended basic permit.
Sec. 1.42 Change in ownership, management, or control of business.
In the event of any change in the ownership, management, or control
of any business operated pursuant to a basic permit (if the permittee
is a corporation, if any change occurs in the officers, directors, or
persons owning or controlling more than 10 percent of the voting stock
of said corporation) the permittee shall immediately notify the
regional director (compliance) of such change, giving the names and
addresses of all new persons participating in the ownership,
management, or control of such business, or in the case of a
corporation, the names and addresses of such new officers, directors,
or persons owning or controlling more than 10 percent of the voting
stock. Notice to the regional director (compliance) of any such change
shall be accompanied or supplemented by such data in reference to the
personal or business history of such persons as the regional director
(compliance) may require.
Sec. 1.43 Duration of permits.
A basic permit shall continue in effect until suspended, revoked,
annulled, voluntarily surrendered, or automatically terminated, as
provided in the Act and in this part.
Sec. 1.44 Automatic termination of permits.
No basic permit shall be leased, sold, or otherwise voluntarily
transferred, and, in the event of such lease, sale, or other voluntary
transfer, such basic permit shall automatically terminate thereupon. If
any basic permit is transferred by operation of law or if actual or
legal control of the permittee is acquired, directly or indirectly
whether by stock ownership or in any other manner, by any person, then
such permit shall be automatically terminated at the expiration of 30
days thereafter: Provided, That if within such 30-day period
application for a new basic permit is made by the transferee or
permittee, respectively, then the outstanding basic permit shall
continue in effect until such time as the application is finally acted
upon.
Revocation, Suspension, or Annulment of Basic Permits
Sec. 1.50 Revocation or suspension.
Whenever the regional director (compliance) has reason to believe
that any permittee has willfully violated any of the conditions of the
permittee's basic permit or has not engaged in the operations
authorized by the permit for a period of more than two years, the
regional director (compliance) shall institute proceedings for the
revocation or suspension of such permit, in accordance with the
procedure set forth in part 200 of this chapter, which part is made
applicable to such proceedings.
Sec. 1.51 Annulment.
Whenever the regional director (compliance) has reason to believe
that any basic permit was procured through fraud, or misrepresentation
or concealment of material fact, the regional director (compliance)
shall institute proceedings for the annulment of such permit in
accordance with the procedure set forth in part 200 of this chapter,
which part is made applicable to such proceedings.
Sec. 1.52 Disposition of stocks of alcoholic beverages upon
revocation, annulment, or automatic termination of basic permit.
In the event of the revocation or annulment of a basic permit,
pursuant to part 200 of this chapter, or in the event such permit is
automatically terminated by operation of law (27 U.S.C. 204(g) and
Sec. 1.44 of this part), the regional director (compliance) may
authorize the orderly disposition of stocks of distilled spirits,
wines, or malt beverages then held by the permittee or former permittee
upon such conditions as may be considered proper.
Miscellaneous
Sec. 1.55 Recalling permits for correction.
Whenever it shall be discovered that any basic permit has been
issued authorizing acts, or combinations of acts, which may not
properly, under the law and regulations, as of now or hereafter in
force, be authorized, or that any material mistake has occurred in the
issuance thereof, the holder of such permit shall forthwith surrender
the same for correction or amendment upon demand of the regional
director (compliance).
Sec. 1.56 Oaths and affirmations.
Any document required by regulations or instructions of the
Director to be verified, shall be so verified upon oath or affirmation
taken before a person authorized by the laws of the United States or by
State or local law to administer oaths or affirmations in the
jurisdiction wherein such document is to be executed.
Sec. 1.57 Procedure.
The procedures prescribed by the rules of practice in permit
proceedings (part 200 of this chapter) are applicable to administrative
proceedings for the issuance, amendment, denial, revocation,
suspension, or annulment of basic permits, the issuance of subpoenas
and the taking of depositions under the Act.
Sec. 1.58 Filing of permits.
Every person receiving a basic permit under the provisions of this
part must file the same, at the place of business covered by the basic
permit, so that it may be examined by ATF officers.
Sec. 1.59 Public information as to applications acted upon.
The regional director (compliance) shall cause to be maintained
currently in the regional director's (compliance) office for public
inspection, until the expiration of one year following final action on
the application, the following information with respect to each
application for basic permit filed:
(a) The name, including trade name or names, if any, and the
address of the applicant; the kind of permit applied for and the
location of the business; whether the applicant is an individual, a
partnership or a corporation; if a partnership, the name and address of
each partner; if a corporation, the name and address of each of the
principal officers and of each stockholder owning 10 percent or more of
the corporate stock.
(b) The time and place set for any hearing on the application.
(c) The final action taken on the application. In the event a
hearing is held upon an application for a basic permit, the regional
director (compliance) shall make available for inspection at the
regional director's (compliance) office, upon request therefor: The
transcript of the hearing, a copy of the administrative law judge's
recommended decision, a copy of the regional director's (compliance)
decision and, in the event of an appeal to the Director, the decision
on appeal with the reasons given in support thereof.
Subpart D--Nonindustrial Use of Distilled Spirits and Wine
Uses Regarded as Industrial
Sec. 1.60 Use of distilled spirits.
The following uses of distilled spirits are regarded as
``industrial'' and will be
[[Page 26101]]
excluded from any application of the term ``nonindustrial use.'' The
use of distilled spirits:
(a) Free of tax by, and for the use of, the United States or any
governmental agency thereof, any State, any political subdivision of a
State, or the District of Columbia, for nonbeverage purposes; or
(b) Free of tax for nonbeverage purposes and not for resale or use
in the manufacture of any product for sale:
(1) For the use of any educational organization described in 26
U.S.C. 170(b)(1)(A)(ii) which is exempt from income tax under 26 U.S.C.
501(a), or for the use of any scientific university or college of
learning;
(2) For any laboratory for use exclusively in scientific research;
(3) For use at any hospital, blood bank, or sanitarium (including
use in making analysis or test at such hospital, blood bank, or
sanitarium), or at any pathological laboratory exclusively engaged in
making analyses, or tests, for hospitals or sanitariums; or
(4) For the use of any clinic operated for charity and not for
profit (including use in compounding of bona fide medicines for
treatment outside of such clinics of patients thereof); or
(c) Free of tax, after denaturation of such spirits in the manner
prescribed by law for:
(1) Use in the manufacture of ether, chloroform, or other definite
chemical substance where such distilled spirits are changed into some
other chemical substance and do not appear in the finished product; or
(2) Any other use in the arts and industries (except for uses
prohibited by 26 U.S.C. 5273 (b) or (d)) and for fuel, light, and
power.
Sec. 1.61 Use of wine.
The following uses of wine are regarded as ``industrial'' and will
be excluded from any application of the term ``nonindustrial''. The use
of wine:
(a) Without payment of tax for use in the production of vinegar; or
(b) Free of tax for experimental or research purposes by any
scientific university, college of learning, or institution of
scientific research; or
(c) Free of tax for use by the United States or any agency thereof,
and for use for analysis, testing, research, or experimentation by the
governments of the several States and the District of Columbia or of
any political subdivision thereof or by any agency of such governments;
or
(d) Which has been rendered unfit for beverage use.
Sec. 1.62 Use of distilled spirits or wine for experimental purposes
and in manufacture of nonbeverage products.
The use of distilled spirits or wine for experimental purposes and
in the manufacture of (a) medicinal, pharmaceutical, or antiseptic
products, including prescriptions compounded by retail druggists; (b)
toilet preparations; (c) flavoring extracts, syrups, or food products;
or (d) scientific, chemical, mechanical, or industrial products,
provided such products are unfit for beverage use, is regarded as
``industrial,'' and will be excluded from any application of the term
``nonindustrial use.''
Uses Classed as Nonindustrial
Sec. 1.70 General.
All uses of distilled spirits and wines, except as provided in
Secs. 1.60, 1.61, and 1.62 of this part, are regarded as
``nonindustrial.'' Such ``nonindustrial'' use shall include, but not be
limited to, distilled spirits or wine used for beverage purposes, or in
the manufacture, rectification, or blending of alcoholic beverages; or
in the preparation of food or drink by a hotel, restaurant, tavern, or
similar establishment; or for sacramental purposes; or as a medicine.
Sec. 1.71 Distilled spirits in containers of a capacity of one gallon
or less.
Distilled spirits in containers of a capacity of one wine gallon or
less, except anhydrous alcohol and alcohol which may be withdrawn free
of tax under the internal revenue laws, will be deemed to be for
nonindustrial use.
Subpart E--Bulk Sales and Bottling of Distilled Spirits
Bulk Sales and Bottling
Sec. 1.80 Sales of distilled spirits in bulk.
It is unlawful for any person to sell, offer to sell, contract to
sell, or otherwise dispose of distilled spirits in bulk, for
nonindustrial use, except for export or to the classes of persons
enumerated in Secs. 1.82, 1.83, and 1.84.
Sec. 1.81 Importation of distilled spirits in bulk.
It is unlawful for any person to import distilled spirits in bulk,
for nonindustrial use, except for sale to or for use by the classes of
persons enumerated in Secs. 1.82, 1.83 and 1.84.
Sec. 1.82 Acquiring or receiving distilled spirits in bulk for
redistillation, processing, rectification, warehousing, or warehousing
and bottling.
(a) Proprietors of distilled spirits plants. Persons holding basic
permits (issued under subpart B of this part) authorizing the
distilling, processing, rectifying, or warehousing and bottling of
distilled spirits, or operating permits (issued under Sec. 19.157 and
succeeding sections of this chapter) may acquire or receive in bulk and
redistill, warehouse, or process distilled spirits, so far as permitted
by law.
(b) Proprietors of class 8 customs bonded warehouses. If the
permittee operates a class 8 customs bonded warehouse, the permittee
may acquire or receive in bulk, and warehouse and bottle, imported
distilled spirits, so far as permitted by the customs laws.
(26 U.S.C. 7805 (68A Stat. 917, as amended); 27 U.S.C. 205 (49 Stat.
981, as amended))
Sec. 1.83 Acquiring or receiving distilled spirits in bulk for
addition to wine.
Persons holding permits as producers and blenders of wine, may,
pursuant to such permit, acquire or receive in bulk alcohol or brandy
for addition to wines.
Sec. 1.84 Acquisition of distilled spirits in bulk by Government
agencies.
Any agency of the United States, or of any State or political
subdivision thereof, may acquire or receive in bulk, and warehouse and
bottle, imported and domestic distilled spirits in conformity with the
internal revenue laws.
Warehouse Receipts
Sec. 1.90 Distilled spirits in bulk.
By the terms of the Act (27 U.S.C. 206), all warehouse receipts for
distilled spirits in bulk must require that the warehouseman shall
package such distilled spirits, before delivery, in bottles labeled and
marked in accordance with law, or deliver such distilled spirits in
bulk only to persons to whom it is lawful to sell or otherwise dispose
of distilled spirits in bulk.
Sec. 1.91 Bottled distilled spirits.
The provisions of the Act, which forbid any person to sell, offer
to sell, contract to sell, or otherwise dispose of warehouse receipts
for distilled spirits in bulk, do not apply to warehouse receipts for
bottled distilled spirits.
Cross Reference: For labeling of distilled spirits, see part 5
of this chapter.
Sales of Distilled Spirits for Industrial Use
Sec. 1.95 General.
Distillers, rectifiers, and other permittees engaged in the sale or
other disposition of distilled spirits for nonindustrial use shall not
sell or otherwise dispose of distilled spirits in bulk (other than
alcohol) for industrial use, unless such distilled spirits are
[[Page 26102]]
shipped or delivered directly to the industrial user thereof.
Bradley A. Buckles,
Acting Director.
Approved: April 29, 1996.
John P. Simpson,
Deputy Assistant Secretary (Regulatory, Tariff and Trade Enforcement).
[FR Doc. 96-12965 Filed 5-23-96; 8:45 am]
BILLING CODE 4810-31-P
Complete official Federal Register PDF
FR Doc. 96-12885 Assessments; Continuation of Adjusted Rate Schedule for BIF- Assessable Deposits
[Federal Register Volume 61, Number 102 (Friday, May 24, 1996)]
[Rules and Regulations]
[Pages 26078-26082]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-12885]
=======================================================================
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FEDERAL DEPOSIT INSURANCE CORPORATION
12 CFR Part 327
Assessments; Continuation of Adjusted Rate Schedule for BIF-
Assessable Deposits
AGENCY: Federal Deposit Insurance Corporation (FDIC).
ACTION: Continuation of adjusted rate schedule.
-----------------------------------------------------------------------
SUMMARY: On May 14, 1996, the Board of Directors of the FDIC (Board)
adopted a resolution to continue in effect the current downward
adjustment to the assessment rate schedule applicable to deposits
assessable by the Bank Insurance Fund (BIF). The continuation of the
downward adjustment will apply to the semiannual assessment period
beginning July 1, 1996. As a result, the BIF assessment rates will
continue to range from 0 to 27 basis points. This rate schedule will
result in an estimated average annual assessment rate of approximately
0.29 basis points; the estimated annual revenue produced by this rate
schedule will be $72 million.
EFFECTIVE DATE: July 1, 1996, through December 31, 1996.
FOR FURTHER INFORMATION CONTACT: Frederick S. Carns, Assistant
Director, Division of Insurance, (202) 898-3930; Christine E. Blair,
Financial Economist, Division of Research and Statistics,
[[Page 26079]]
(202) 898-3936; James R. McFadyen, Senior Financial Analyst, Division
of Research and Statistics, (202) 898-7027; Christopher L. Hencke,
Counsel, Legal Division, (202) 898-8839; Federal Deposit Insurance
Corporation, 550 17th Street, N.W., Washington, D.C., 20429.
SUPPLEMENTARY INFORMATION:
I. Continuation of Adjustment to Rate Schedule 2
Section 7(b) of the Federal Deposit Insurance Act, 12 U.S.C.
1817(b), provides that the Board shall set semiannual assessments for
insured depository institutions. On August 8, 1995, the Board adopted a
new assessment rate schedule for deposits subject to assessment by the
BIF. 60 FR 42680 (August 16, 1995). The new schedule was codified as
Rate Schedule 2 at 12 CFR 327.9(a). This schedule provided for an
assessment-rate range of 4 to 31 basis points and became effective
retroactively on June 1, 1995, the beginning of the month following the
month in which the BIF reached its designated reserve ratio (DRR) of
1.25 percent of total estimated insured deposits.
In adopting Rate Schedule 2, the Board also amended the FDIC's
assessment regulations to permit the Board to make limited adjustments
to the schedule without notice-and-comment rulemaking. Any such
adjustments can be made as the Board deems necessary to maintain the
BIF reserve ratio at the DRR and can be accomplished by Board
resolution. Under this provision, codified at 12 CFR 327.9(b), any such
adjustment must not exceed an increase or decrease of 5 basis points
and must be uniform across the rate schedule.
The amount of an adjustment adopted by the Board under 12 CFR
327.9(b) is to be determined by the following considerations: (1) the
amount of assessment revenue necessary to maintain the reserve ratio at
the DRR; and (2) the assessment schedule that would generate such
amount of assessment revenue considering the risk profile of BIF
members. In determining the relevant amount of assessment revenue, the
Board is to consider BIF's expected operating expenses, case resolution
expenditures and income, the effect of assessments on BIF members'
earnings and capital, and any other factors the Board may deem
appropriate.
Having considered all of these factors, the Board decided on
November 14, 1995, to adopt an adjustment factor of 4 basis points for
the semiannual assessment period beginning January 1, 1996, with a
resulting adjusted schedule ranging from 0 to 27 basis points. 60 FR
63400 (December 11, 1995). The Board has now decided to adopt the same
adjustments to Rate Schedule 2 for the upcoming semiannual period from
July 1, 1996 to December 31, 1996. The adjusted rate schedule is set
forth below.
BIF Rate Schedule as Adjusted for the Second Semiannual Period of 1996
------------------------------------------------------------------------
Supervisory subgroup
Capital group --------------------------
A B C
------------------------------------------------------------------------
1............................................ \1\ 0 3 17
2............................................ 3 10 24
3............................................ 10 24 27
------------------------------------------------------------------------
\1\ Subject to a statutory minimum assessment of $1,000 per semiannual
period (which also applies to all other assessment risk
classifications).
The basis for the Board's decision is discussed below.
II. Basis for the Adjustment
A. Maintaining at the Designated Reserve Ratio
In adopting a rate adjustment under 12 CFR 327.9(b), as mentioned
above, the Board must consider the following: (1) the amount of
assessment revenue necessary to maintain the reserve ratio at the DRR;
and (2) the assessment schedule that would generate such amount of
assessment revenue considering the risk profile of BIF members.
The BIF reserve ratio stood at 1.30 percent as of December 31,
1995, the latest date for which complete data are available. Assuming
that insured deposit growth during the first half of 1996 falls within
the range of 2 percent shrinkage to 6 percent growth annually, and
assuming that insurance losses remain moderate as expected, the BIF
ratio will range from 1.29 to 1.34 percent at midyear 1996 (Table 1).
For the second half of 1996, insurance losses and operating
expenses are expected to total under $350 million, while assessments
plus investment income will exceed $650 million.
Insured deposit growth for 1996 is subject to considerable
uncertainty, as recent experience has been mixed. From 1991 through
early 1995, the growth rate of BIF-insured deposits was essentially
zero but, for the year ending in December 1995, BIF-insured deposits
grew by 3 percent, with much of this growth occurring in the fourth
quarter. In light of the 1995 experience, as well as considerable
volatility in deposit growth experienced during the 1980s, the FDIC
must consider the possibility that BIF-insured deposits could grow at a
6 percent annual rate throughout 1996.
Table 1 indicates the year-end 1996 range for the BIF reserve
ratio, assuming a 6 percent upper bound for annual deposit growth in
1996 and assuming that the values of other variables affecting the
reserve ratio in the second semiannual period will fall within their
historical ranges. While the lower bound on the year-end BIF reserve
ratio is below the 1.25 percent target, this presumes an unexpected
increase in insurance losses/provisions of $600 million. Such an
increase is consistent with the historical experience of the FDIC, but
it must be viewed as a remote possibility in light of the current
economic environment and the near-term outlook.
The stronger possibility is that insured-deposit growth rates could
exceed forecasts based upon historical experience. While the 6 percent
upper bound for deposit growth included in Table 1 is high relative to
the experience of the 1990s, the FDIC cannot rule out such a rate of
growth in response to the dramatic reductions in BIF assessment rates
that were effected in the second half of 1995.
Moreover, given the prospect of a continuing, large premium
differential between the insurance funds, there is a realistic
possibility of substantial deposit migration from the SAIF to the BIF.
Though the law imposes constraints on at least some forms of deposit-
shifting from one fund to another, such constraints may be countered by
adaptations in the marketplace. The relatively low rate of migration to
date is not likely to be indicative of the rate to be expected going
forward, given that many market participants may have delayed any plans
to migrate deposits in anticipation of a legislative solution. In the
absence of a legislative solution to date, the FDIC believes that there
is a realistic possibility of a significant increase in deposit
migration. However, the precise timing and ultimate magnitude of any
increase is uncertain.
For illustration, Table 2 examines the impact on the year-end BIF
reserve ratio of alternative deposit migration rates during the second
semiannual period of 1996. Columns 2 through 4 of the table indicate
the impact of deposit migration rates under three different assumptions
concerning ``normal'' growth of BIF-insured deposits (growth that is
not due to migration) for 1996. For example, the ratios in the third
column are derived under the assumption that normal deposit growth is 2
percent for 1996 (full year); assuming also that no deposit migration
occurs during the year, the
[[Page 26080]]
year-end BIF ratio would be 1.32 percent (the assumed values for all
nondeposit factors affecting the reserve ratio are constant across
columns 2-4). Table 2 indicates that, in general, each 5 percent
increase in the annual rate of migration during the second half of 1996
(to a maximum annual rate of 30 percent) would reduce the year-end 1996
BIF ratio by approximately 1 basis point. If 30 percent annual
migration in the second half of 1996 were to occur along with 6 percent
``normal'' growth of BIF-insured deposits, the BIF ratio at year end
would be 1.23 percent under the assumptions of Table 2.
Given the uncertainties reviewed above, the possibility of a large
increase in BIF-insured deposit growth during 1996 should be considered
seriously. Despite this concern, it is the judgment of the Board that
BIF assessment rates should not be changed at this time; rather,
deposit flows and trends in deposit growth rates should be closely
monitored in preparation for future decisions regarding BIF assessment
rates.
In summary, for the reasons discussed above, the Board believes
that the assessment schedule for the current semiannual period will
generate the revenue necessary to maintain the reserve ratio at the DRR
in the next semiannual period.
B. The Long-Term Outlook
The Board believes that an important consideration in setting rates
is the long-term revenue needs of the BIF. A balance should exist
between long-term BIF revenues and long-term BIF expenses (where
expenses include monies needed to prevent dilution due to deposit
growth). In August of 1995, the FDIC determined that an effective
average BIF assessment rate of 4 to 5 basis points would be appropriate
to achieve such balance. This determination was based on a thorough
historical analysis of FDIC experience and consideration of recently
enacted statutory provisions that may moderate deposit insurance losses
going forward. 60 FR 42680 (August 16, 1995).
The Board has not altered its view that, in setting rates, it
should look beyond the immediate time frame in estimating the revenue
needs of the BIF. Moreover, the Board continues to believe that an
average annual assessment rate of 4 to 5 basis points would be
appropriate to achieve a long-term balance between BIF revenues and
expenses. As discussed in the preceding section, however, the current
balance in the BIF also is directly relevant to determining the
appropriate assessment level. In light of the favorable existing
conditions and outlook for the next several months, it is anticipated
that the current rate structure (with an assessment rate of zero for
the least-risky institutions) will provide adequate assessment revenue
over the near term to maintain the BIF reserve ratio at or above the
target ratio of 1.25 percent.
C. Other Considerations
In continuing the current adjustments to the assessment rate
schedule, the Board has considered the effect on members' earnings and
capital. In light of the fact that these adjustments represent a
reduction in the rates set forth in Rate Schedule 2, the Board does not
believe that the schedule will produce unwarranted adverse effects on
members. Indeed, the rate for many institutions will be zero (with a
minimum semiannual assessment of $1,000 mandated by the Federal Deposit
Insurance Act).
Another consideration is the statutory requirement under the
Federal Deposit Insurance Act for a risk-based assessment system. To be
effective, this system must incorporate a range of rates that provides
an incentive for institutions to control risk-taking behavior while at
the same time covering the long-term costs of the obligations borne by
the deposit insurer. In the judgment of the Board, these goals will be
achieved for the upcoming semiannual period by retaining the current
spread of 27 basis points between the highest- and lowest-rated
institutions.
For the reasons discussed above, the Board has decided to continue
in effect the current adjustment to the BIF assessment rate schedule
with a range of 0 to 27 basis points for the semiannual period from
July 1, 1996 through December 31, 1996.
By order of the Board of Directors.
Dated at Washington, DC, this 14th day of May, 1996.
Federal Deposit Insurance Corporation.
Robert E. Feldman,
Deputy Executive Secretary.
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[FR Doc. 96-12885 Filed 5-23-96; 8:45 am]
BILLING CODE 6714-01-C
Complete official Federal Register PDF
FR Doc. 96-12884 Assessments; Retention of Existing Assessment Rate Schedule for SAIF-Member Institutions
[Federal Register Volume 61, Number 102 (Friday, May 24, 1996)]
[Rules and Regulations]
[Pages 26082-26088]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-12884]
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[[Page 26083]]
FEDERAL DEPOSIT INSURANCE CORPORATION
12 CFR Part 327
Assessments; Retention of Existing Assessment Rate Schedule for
SAIF-Member Institutions
AGENCY: Federal Deposit Insurance Corporation (FDIC).
ACTION: Confirmation of assessment rate.
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SUMMARY: On May 14, 1996, the Board of Directors of the FDIC (Board)
adopted a resolution to retain the existing assessment rate schedule
applicable to members of the Savings Association Insurance Fund (SAIF)
for the semiannual period beginning July 1, 1996. As a result of this
action, the SAIF assessment rates to be paid by depository institutions
whose deposits are subject to assessment by the SAIF will continue to
range from 23 cents per $100 of assessable deposits to 31 cents per
$100 of assessable deposits, depending on risk classification.
EFFECTIVE DATE: July 1, 1996, through December 31, 1996.
FOR FURTHER INFORMATION CONTACT: James R. McFadyen, Senior Financial
Analyst, Division of Research and Statistics, (202) 898-7027; Christine
E. Blair, Financial Economist, Division of Research and Statistics,
(202) 898-3936; Christopher L. Hencke, Counsel, Legal Division, (202)
898-8839; Federal Deposit Insurance Corporation, 550 17th Street NW.,
Washington, D.C., 20429.
SUPPLEMENTARY INFORMATION:
I. Confirmation of Assessment Rate
Section 7(b) of the Federal Deposit Insurance Act, 12 U.S.C.
1817(b), provides that the Board shall set semiannual assessments for
insured depository institutions. For members of the undercapitalized
SAIF, the Board must set assessment rates to increase the reserve ratio
of the SAIF to the designated reserve ratio (DRR) of 1.25 percent of
estimated insured deposits. 12 U.S.C. 1817(b)(2)(A)(i). The Board must
consider SAIF's expected operating expenses, case resolution
expenditures and income, the effect of assessments on members' earnings
and capital, and any other factors that the Board may deem appropriate.
12 U.S.C. 1817(b)(2)(A)(ii).
The minimum semiannual assessment for each member is $1,000. 12
U.S.C. 1817(b)(2)(A)(iii). Moreover, the total amount raised by SAIF
assessments must not be less than the total amount that would be raised
by a rate of 18 basis points. 12 U.S.C. 1817(b)(2)(E). The assessment
revenue is subject to a priority claim by the Financing Corporation
(FICO). 12 U.S.C. 1817(b)(2)(D).
In accordance with the statutory requirements above, the Board
adopted the SAIF assessment rate schedule codified at 12 CFR
327.9(d)(1). The Board has applied this schedule in previous assessment
periods as well as the current period from January 1, 1996 through June
30, 1996. 60 FR 63406 (December 11, 1995). The Board has now decided to
retain this schedule for the upcoming semiannual period from July 1,
1996 through December 31, 1996.
II. Basis for Confirmation
In setting assessment rates, the Board must increase the reserve
ratio of the SAIF to the DRR of 1.25 percent of estimated insured
deposits. On December 31, 1995, the SAIF had a balance of nearly $3.4
billion and a reserve ratio of 0.47 percent of insured deposits, about
$5.5 billion below the amount needed to meet the DRR. The SAIF reserve
ratio continues to rise, but the rate of progress is slowed by the
diversion of assessment revenues to other statutory purposes. Since the
inception of the SAIF in 1989, these diversions have totaled $7.7
billion. Without these diversions, the SAIF would be fully capitalized
today. Some of these demands on the SAIF have been fully satisfied, but
FICO continues to have an annual draw of up to $793 million against
SAIF assessments, until 2019.
The SAIF grew by $1.4 billion in 1995, but a large share of that
growth--$321 million--stemmed from the reduction in loss reserves for
anticipated failures. These reductions in loss reserves reflect recent
improvements in the health of the thrift industry and a decline in
projected thrift failures. Further reductions in reserves of this
magnitude will not happen again because the remaining loss reserves are
now only approximately $111 million.
At the present pace and under reasonably optimistic conditions, the
SAIF is not expected to meet the DRR until 2001, which is slightly
ahead of the capitalization date projected last year. The acceleration
of the capitalization date is attributable to lower-than-expected loss
experience in 1995 and the lowering of loss projections for 1996 and
1997. The thrift industry is healthy today, and no large thrifts are
expected to fail in the near future. Thrifts earned record profits of
$7.6 billion in 1995, and the number and assets of ``problem'' thrifts
continue to decline. Presently, 88 percent of all SAIF members qualify
for the lowest premium under the FDIC's risk-based assessment system.
However, it is not known how much longer the present favorable
conditions can continue, and it would be prudent for the SAIF to be
fully capitalized as quickly as possible to be prepared for future
uncertainties.
The Board has the option of lowering SAIF assessment rates to a
minimum average annual assessment rate of 18 basis points until January
1, 1998, at which time rates must return to a minimum average annual
assessment rate of 23 basis points until the DRR is attained. However,
the lowering of rates for this 18-month period would delay the SAIF
from reaching full capitalization and could result in a FICO default in
1997.
Other developments have threatened the stability of the SAIF. Given
the recapitalization of the Bank Insurance Fund (BIF) in 1995, the
Board subsequently lowered BIF premiums to an average of just 0.3 basis
points, compared to the average SAIF premium of 23.4 basis points. This
disparity between BIF and SAIF premiums of about 23 basis points
provides powerful economic incentives for SAIF-insured institutions to
reduce their SAIF-assessable deposits. Despite a general ban on
conversions between insurance funds, thrifts have developed and are
pursuing means to transfer deposits from SAIF to BIF insurance or
otherwise reduce their reliance on SAIF-assessable deposits. During
1995, for example, one large SAIF member shifted an estimated $3.4
billion in deposits to a BIF-member affiliate, and another thrift took
advantage of an Oakar accounting anomaly that caused $3.3 billion of
SAIF deposits to be reclassified as BIF deposits following the sale of
BIF-insured deposits.
The migration of deposits out of the SAIF deposit base would
accelerate the capitalization of the SAIF (see Table 2), but it would
exacerbate the problems facing the SAIF by reducing the fund's ability
to diversify its risks. It is likely to be the stronger SAIF members
that will be successful in shifting deposits to the BIF. As a result,
weaker thrifts and the banks that own SAIF deposits would be more
exposed to the losses of an insurance fund that will have a higher risk
profile.
If the Board were to lower SAIF assessment rates to 18 basis
points, it would reduce the premium disparity from 23 basis points to
18 basis points, but it is unlikely that a temporary reduction of 5
basis points would temper the existing incentives to reduce reliance on
SAIF-assessable deposits. Moreover, a reduction in assessment rates, in
combination with a shrinking assessment base, would hasten a FICO
shortfall (see Tables 3 and 4).
[[Page 26084]]
In recommending that SAIF assessment rates remain unchanged, the
Board has considered the impact on the earnings and capital of SAIF
members and found no unwarranted adverse effects. As discussed earlier,
the earnings and capital of SAIF members are satisfactory though the
Board has recognized that the full impact of the premium disparity may
not yet be realized.
Pending enactment of a comprehensive legislative solution to the
problems facing the SAIF, the FDIC must operate within the existing
statutory framework. For the reasons discussed above, the Board has
decided to retain the current SAIF assessment rate schedule of 23 to 31
basis points in order to enable the SAIF to reach full capitalization
as quickly as possible. The schedule to be applied for the semiannual
period from July 1, 1996, through December 31, 1996, is codified at 12
CFR 327.9(d)(1).
By order of the Board of Directors.
Dated at Washington, D.C., this 14th day of May, 1996.
Federal Deposit Insurance Corporation.
Robert E. Feldman,
Deputy Executive Secretary.
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[FR Doc. 96-12884 Filed 5-23-96; 8:45 am]
BILLING CODE 6714-01-C
Complete official Federal Register PDF
FR Doc. 96-12843 Periodic Updates to the Pipeline Safety Regulations
[Federal Register Volume 61, Number 102 (Friday, May 24, 1996)]
[Rules and Regulations]
[Pages 26121-26124]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-12843]
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DEPARTMENT OF TRANSPORTATION
Research and Special Programs Administration
49 CFR Parts 192, 193, and 195
[Docket No. PS-143]
RIN 2137-AC74
Periodic Updates to the Pipeline Safety Regulations
AGENCY: Research and Special Programs Administration (RSPA), DOT.
ACTION: Final rule.
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SUMMARY: This final rule updates the references to voluntary
specifications and standards to reflect more recently published
editions of each document. This final rule enables pipeline operators
to utilize current technology, materials, and practices, thereby
reducing costs and enhancing economic growth. In addition, this final
rule eliminates the requirements for odorization of hydrogen in
transmission lines in instances where the hydrogen is intended for use
as a feedstock in a manufacturing process. This eliminates a
requirement that is costly, but not needed for safety. This final rule
is consistent with the President's goals of regulatory reinvention and
improvement of customer service.
EFFECTIVE DATE: June 24, 1996.
FOR FURTHER INFORMATION CONTACT: Eben M. Wyman, (202) 366-0918,
regarding the subject matter of this Notice; or the Dockets Unit, (202)
366-4453, for copies of this final rule or other material in the
docket.
SUPPLEMENTARY INFORMATION:
Background
In a March 1995 memorandum, President Clinton directed Federal
regulatory agencies to, among other things, conduct a page-by-page
review of all agency regulations, cutting or revising those that were
obsolete, intrusive, or better handled by parties other than the
Federal government (i.e., private business, State, or local
government).
In response to the President's directive, RSPA issued a Notice of
Proposed Rulemaking (NPRM) in this docket on March 4, 1996 (61 FR
8213). The NPRM proposed updating the references to voluntary
specifications and standards and proposed elimination of the
requirement to odorize hydrogen transmission pipelines.
Eight parties submitted written comments on the NPRM.
Commenters consisted of seven pipeline operators, two of which are
hydrogen pipeline operators, and a standard setting organization.
Comments were generally supportive of RSPA's efforts, although some
commenters made additional suggestions.
Incorporation by Reference
RSPA is adopting the proposal to incorporate by reference all or
portions of over 40 different documents containing practices, codes,
standards, and specifications developed and published by technical
organizations, including the American Petroleum Institute, American Gas
Association, American Society of Mechanical Engineers, American Society
of Civil Engineers, American Concrete Institute, American Society for
Testing and Materials, International Conference of Building Officials,
Manufacturers Standardization Society of the Valve and Fittings
Industry, and National Fire Protection Association. Many editions
previously referenced in 49 CFR Parts 192, 193, and 195 are out of
print or obsolete. Later published editions of these documents focus on
up-to-date technology. Pipeline operators could be unnecessarily
burdened with design and construction requirements that are referred to
in earlier editions.
To avoid these burdens and allow operators to benefit from
technological improvements in materials and methods, this final rule
updates those references for which the latest editions have been
reviewed and accepted by OPS.
All six commenters on the proposed updates of the voluntary
consensus standards were supportive of the initiative. However, one
commenter suggested that the regulatory language in Section 192.63
should not make reference to the year of the latest edition of the
standard in order to maintain consistency throughout the regulations.
RSPA sees merit in this comment, and therefore has revised the final
rule to cite the standard without reference to the year of the latest
edition.
One commenter suggested that RSPA eliminate the use of specific
editions and dates for the referenced standards and refer instead to
``the latest edition'' of each standard. This commenter believed that
in some cases operators are burdened with unnecessary delays and
additional costs to obtain pipe or components manufactured to an out-
of-date standard.
RSPA will not adopt this proposal to revise the pipeline safety
regulations to permanently reference ``the latest edition'' of the
incorporated consensus standards. Before adopting any updated consensus
standard RSPA first reviews the standard to determine whether it should
be incorporated by reference into the regulations. RSPA then proposes
to accept the document(s) through a Federal Register Notice, providing
the public with an opportunity to comment on the proposal. It would be
inconsistent with the Administrative Procedure Act for RSPA to announce
that the latest editions of these documents will be accepted without
RSPA review or opportunity for public comment.
Three commenters suggested that RSPA review the standards at least
annually. RSPA understands the benefits to operators of periodically
updating the referenced standards. RSPA will try to revise them
annually, as this will lessen burdens on pipeline operators.
Requirement to Odorize Hydrogen Transmission Pipelines
In support of the President's goal to eliminate obsolete and
unnecessary regulations, this final rule adopts the proposal to amend
49 CFR 192.625 to eliminate the odorization requirement for hydrogen
transmission lines in cases where its intended use is as a feedstock in
a manufacturing process. Hydrogen pipelines that were operating without
an odorant before May 5, 1975, were
[[Page 26122]]
already exempt from the odorization requirement.
When used as an industrial feedstock, the hazard from hydrogen
pipeline leaks is minimal. Hydrogen is much less dense than air and
thus tends to dissipate rapidly. In addition, hydrogen has relatively
low energy content for a given volume compared to natural gas. The
ignition energy of hydrogen is so low that even static electricity can
ignite the gas, making a build-up of gas to dangerous levels unlikely.
Moreover, the costs of deodorization are substantial. Odorization
renders hydrogen unfit for most of its industrial uses, as it can
reduce the reactivity of catalysts, make the end product unfit for the
purpose for which it is intended, or reduce the percentage completion
of a chemical reaction. This means that the odorant needs to be
removed, an expensive process, prior to its use in manufacture.
Three commenters discussed RSPA's proposal to eliminate the
requirements for odorization of hydrogen transmission pipelines. All
comments were in full support of this initiative, and one commenter
noted that the revised language in Section 192.625 is consistent with
the President's goals of RRI, as it ``will serve to effectively
eliminate a regulatory requirement that is both unnecessary and
economically burdensome on industry.''
Advisory Committees
The Technical Pipeline Safety Standards Committee (TPSSC) and the
Technical Hazardous Liquid Pipeline Safety Standards Committee
(THLPSSC) have been established by statute to evaluate proposed
pipeline safety regulations. The committees are required to report on
the technical feasibility, reasonableness, and practicability of the
proposals.
The NPRM was sent by mail to the committees for consideration. The
proposal was unanimously accepted by 11 members of the THLPSSC. The
comments of the TPSSC supported the proposal and generally were
consistent with written comments filed by other commenters discussed
above. Written comments of the TPSSC were similar, but a few members
requested further information regarding the hydrogen transmission
pipelines that would no longer be subject to the odorization
requirement. A TPSSC member asked where these lines are located, and
whether they would be tested or surveyed more extensively than other
pipelines that are required to use odorant.
The bulk of hydrogen transmission pipelines are operated by two
companies and are located primarily in Texas and Louisiana. For the
reasons discussed earlier in this final rule, relieving operators of
hydrogen pipelines from the odorization requirement will not sacrifice
safety and thus no additional testing or monitoring is needed.
Because only 6 members of the TPSSC responded to the mail ballot,
the TPSSC considered the proposal at its May 7, 1996 meeting. All
twelve TPSSC members present voted in favor of the proposal.
Corrections
In the NPRM, RSPA provided an incorrect address for the American
Society for Testing and Materials (ASTM). The correct town is ``West
Conshohocken, PA, `` not ``Conshohocken, PA,'' as noted in the NPRM.
Thus, the correct address for ASTM is 100 Barr Harbor Drive, West
Conshohocken, PA, 19428. The NPRM also incorrectly named the latest
edition of NFPA-59A as the 1994 edition. The latest edition is the 1996
edition. This information is incorporated in the final rule where
appropriate. Finally, Section 192.189 is corrected to reflect the
appropriate nomenclature of ANSI/NFPA 70 as the ``National Electrical
Code,'' not ``National Electric Code'' as named in the NPRM.
Rulemaking Analyses
Executive Order 12866 and DOT Regulatory Policies and Procedures
This final rule is not a significant regulatory action under
section 3(f) of Executive Order 12866 and, therefore, was not subject
to review by the Office of Management and Budget (OMB). The final rule
is not significant under the Regulatory Policies and Procedures of the
Department of Transportation (44 FR 11034).
Executive Order 12612
The final rule has been analyzed with the principles and criteria
in Executive Order 12612 (``Federalism''), and does not have sufficient
federalism impacts to warrant the preparation of a federalism
assessment.
Regulatory Flexibility Act
Based on the facts available, I certify that this final rule will
not, have a significant economic impact on a substantial number of
small entities.
Paperwork Reduction Act
There are no new information collection requirements in this final
rule.
List of Subjects
49 CFR Part 192
Incorporation by reference, Natural gas, Pipeline Safety.
49 CFR Part 193
Incorporation by reference, Liquefied natural gas (LNG), Pipeline
safety.
49 CFR Part 195
Anhydrous ammonia, Carbon dioxide, Incorporation by reference,
Petroleum, Pipeline safety.
In consideration of the foregoing, RSPA to amends 49 CFR Parts 192,
193, and 195 as follows:
PART 192--[AMENDED]
1. The authority citation for Part 192 continues to read as
follows:
Authority: 49 U.S.C. 5103, 60102, 60104, 60108, 60109, 60110,
60113, 60118; 49 CFR 1.53
2. Paragraph (a)(1) of section 192.63 is revised to read as
follows:
Sec. 192.63 Marking of materials.
(a) * * *
(1) As prescribed in the specification or standard to which it was
manufactured, except that thermoplastic fitting must be marked in
accordance with ASTM D 2513; or
* * * * *
3. Paragraph (c) of section 192.189 is revised to read as follows:
Sec. 192.189 Vaults: Drainage and waterproofing.
* * * * *
(c) Electrical equipment in vaults must conform to the applicable
requirements of Class 1, Group D, of the National Electrical Code,
ANSI/NFPA 70.
4. Section 192.625 is amended by revising paragraphs (b)(2)(iv)(C)
and (b)(3) and by adding paragraph (b)(4) to read as follows:
Sec. 192.625 Odorization of gas.
* * * * *
(b) * * *
(2) * * *
(iv) * * *
(C) Reduces the percentage completion of a chemical reaction;
(3) In the case of a lateral line which transports gas to a
distribution center, at least 50 percent of the length of that line is
in a Class 1 or Class 2 location; or
(4) The combustible gas is hydrogen intended for use as a feedstock
in a manufacturing process.
* * * * *
5. Appendix A of Part 192 is amended by revising paragraphs I. D,
II. A (1), (3)
[[Page 26123]]
and (4), II. B, II. C (3)-(6), and II. E to read as follows:
Appendix A to Part 192--Incorporated by Reference
I. List of organizations and addresses.
* * * * *
D. American Society for Testing and Materials (ASTM), 100 Barr
Harbor Drive, West Conshohocken, PA 19428.
* * * * *
II. Documents incorporated by reference. (Numbers in parentheses
indicate applicable editions.)
A. * * *
(1) API Specification 5L ``Specification for Line Pipe (41st
edition, 1995).
* * * * *
(3) API Specification 6D ``Specification for Pipeline Valves
(Gate, Plug, Ball, and Check Valves)'' (21st edition, 1994).
(4) API Standard 1104 ``Welding of Pipelines and Related
Facilities'' (18th edition, 1994).
B. American Society for Testing and Materials (ASTM):
(1) ASTM Designation: A53 ``Standard Specification for Pipe,
Steel, Black and Hot-Dipped, Zinc-Coated, Welded and Seamless''
(A53-95a).
(2) ASTM Designation A 106 ``Standard Specification for Seamless
Carbon Steel Pipe for High-Temperature Service'' (A 106- 94a).
(3) ASTM Designation: A 333/A 333M ``Standard Specification for
Seamless and Welded Steel Pipe for Low-Temperature Service'' (A 333/
A 333M-94).
(4) ASTM Designation: A 372/A 372M ``Standard Specification for
Carbon and Alloy Steel Forgings for Thin-Walled Pressure Vessels''
(A 372/A 372M-95).
(5) ASTM Designation: A 381 ``Standard Specification for Metal-
Arc-Welded Steel Pipe for Use With High-Pressure Transmission
Systems (A 381-93).
(6) ASTM Designation: A 671 ``Standard Specification for
Electric-Fusion-Welded Steel Pipe for Atmospheric and Lower
Temperatures'' (A 671-94).
(7) ASTM Designation: A 672 ``Standard Specification for
Electric-Fusion-Welded Steel Pipe for High-Pressure Service at
Moderate Temperatures'' (A 672-94).
(8) ASTM Designation A 691 ``Standard Specification for Carbon
and Alloy Steel Pipe, Electric-Fusion-Welded for High- Pressure
Service at High Temperatures'' (A 691-93).
(9) ASTM Designation D 638 ``Standard Test Method for Tensile
Properties of Plastics'' (D 638-95).
(10) ASTM Designation D 2513 ``Standard Specification for
Thermoplastic Gas Pressure Pipe, Tubing and Fittings'' (D 2513-87
edition for Sec. 192.63(a)(1), otherwise D2513-95c).
(11) ASTM Designation D 2517 ``Standard Specification for
Reinforced Epoxy Resin Gas Pressure Pipe and Fittings'' (D 2517-94).
C. * * *
(3) ASME Boiler and Pressure Vessel Code, Section I ``Power
Boilers'' (1995 edition with 1995 Addenda).
(4) ASME Boiler and Pressure Vessel Code, Section VIII, Division
1 ``Pressure Vessels'' (1995 edition with 1995 Addenda).
(5) ASME Boiler and Pressure Vessel Code, Section VIII, Division
2 ``Pressure Vessels: Alternative Rules'' (1995 edition with 1995
Addenda).
(6) ASME Boiler and Pressure Vessel Code, Section IX ``Welding
and Brazing Qualifications'' (1995 edition with 1995 Addenda).
* * * * *
E. National Fire Protection Association (NFPA):
(1) ANSI/NFPA 30 ``Flammable and Combustible Liquids Code''
(1993).
(2) ANSI/NFPA 58 ``Standard for the Storage and Handling of
Liquefied Petroleum Gases'' (1995).
(3) ANSI/NFPA 59 ``Standard for the Storage and Handling of
Liquefied Petroleum Gases at Utility Gas Plants'' (1995).
(4) ANSI/NFPA 70 ``National Electrical Code'' (1996).
PART 193--[AMENDED]
1. The authority citation for Part 193 continues to read as
follows:
Authority: 49 U.S.C. 5103, 60102, 60103, 60104, 60108, 60109,
60110, 60113, 60118; 49 CFR 1.53
2. Appendix A to Part 193 is amended by revising paragraphs II. C,
II D (1) and (3), II. E, II. F, and II. G, to read as follows:
Appendix A to Part 193--Incorporation by Reference
* * * * *
II. Documents Incorporated by Reference. (Numbers in Parentheses
Indicate Applicable Editions.)
* * * * *
C. American Society of Civil Engineers (ASCE):
1. ASCE 7-95 ``Minimum Design Loads for Buildings and Other
Structures'' (1995)
D. * * *
1. API Specification 6D ``Specification for Pipeline Valves
(Gate, Plug, Ball, and Check Valves)'' (21st edition, 1994).
2. * * *
3. API Standard 1104 ``Welding of Pipelines and Related
Facilities'' (18th edition, 1994).
E. American Society of Mechanical Engineers (ASME):
1. ASME/ANSI B31.3 ``Chemical Plant and Petroleum Refinery
Piping'' (1993 edition with ASME/ANSI B31.3a-1993, B31.b-1994 and
B31.c-1995 Addenda).
2. ASME/ANSI B31.5 ``Refrigeration Piping'' (1992 edition with
ASME B31.5a-1994 Addenda).
3. ASME/ANSI B31.8 ``Gas Transmission and Distribution Piping
Systems'' (1995).
4. ASME Boiler and Pressure Vessel Code, Section I ``Power
Boilers'' (1995 edition with 1995 Addenda).
5. ASME Boiler and Pressure Vessel Code, Section IV, ``Heating
Boilers'' (1995 edition with 1995 Addenda).
6. ASME Boiler and Pressure Vessel Code, Section VIII, Division
1 ``Pressure Vessels'' (1995 edition with 1995 Addenda).
7. ASME Boiler and Pressure Vessel Code, Section VIII, Division
2, ``Pressure Vessels: Alternative Rules'' (1995 edition with 1995
Addenda).
8. ASME Boiler and Pressure Vessel Code, Section IX, ``Welding
and Brazing Qualifications'' (1995 edition with 1995 Addenda).
F. International Conference of Building Officials (ICBU):
1. ``Uniform Building Code'' (UBC) (1994).
G. National Fire Protection Association (NFPA):
1. ANSI/NFPA 30 ``Flammable and Combustible Liquids Code''
(1993)
2. ANSI/NFPA 37 ``Standard for the Installation and Use of
Stationary Combustion Engines and Gas Turbines'' (1994).
3. ANSI/NFPA 51B ``Standard for Fire Prevention in Use of
Cutting and Welding Processes'' (1994).
4. ANSI/NFPA 59A ``Standard for the Production, Storage, and
Handling of Liquefied Natural Gas (LNG)'' (1972 edition for
Sec. 193.2005(c), otherwise 1996 edition).
5. ANSI/NFPA 70 ``National Electrical Code'' (1996).
* * * * *
PART 195--[AMENDED]
1. The authority citation for Part 195 continues to read as
follows:
Authority: 49 U.S.C. 5103, 60102, 60104, 60108, 60109, 60118; 49
CFR 1.53.
2. Section 195.3 is amended by revising paragraph (b)(6) and
paragraphs (c) introductory text and (c) (2) through (5) to read as
follows:
195.3 Matter incorporated by reference.
* * * * *
(b) * * *
(6) American Society for Testing and Materials (ASTM), 100 Barr
Harbor Drive, Conshohocken, PA 19428.
* * * * *
(c) The full title for the publications incorporated by reference
in this part are as follows. Numbers in parentheses indicate applicable
editions:
* * * * *
(2) American Petroleum Institute (API):
(i) API Specification 5L ``Specification for Line Pipe'' (41st
edition, 1995).
(ii) API Specification 6D ``Specification for Pipeline Valves
(Gate, Plug, Ball, and Check Valves)'' (21st Edition, 1994).
(iii) API Specification 1104 ``Welding of Pipelines and Related
Facilities'' (18th edition, 1994).
(3) American Society of Mechanical Engineers (ASME):
(i) ASME/ANSI B16.9 ``Factory-Made Wrought Steel Buttwelding
Fittings'' (1993).
[[Page 26124]]
(ii) ASME/ANSI B31.4 ``Liquid Transportation Systems for
Hydrocarbons, Liquid Petroleum Gas, Anhydrous Ammonia, and Alcohols''
(1992 edition with ASME B31.4a-1994 Addenda).
(iii) ASME/ANSI B31.8 ``Gas Transmission and Distribution Piping
Systems'' (1995)
(iv) ASME/ANSI B31G ``Manual for Determining the Remaining Strength
of Corroded Pipelines'' (1991).
(v) ASME Boiler and Pressure Vessel Code, Section VIII, Division 1
``Pressure Vessels'' (1995 edition with 1995 Addenda).
(vi) ASME Boiler and Pressure Vessel Code, Section IX ``Welding and
Brazing Qualifications'' (1995 edition with 1995 Addenda).
(4) Manufacturers Standardization Society of the Valve and Fittings
Industry, Inc. (MSS):
(i) MSS SP-75 ``Specification for High Test Wrought Butt Welding
Fittings'' (1993).
(ii) [Reserved]
(5) American Society for Testing and Materials (ASTM):
(i) ASTM Designation: A 53 ``Standard specification for Pipe,
Steel, Black and Hot-Dipped, Zinc-Coated, Welded and Seamless'' (A 53-
95a).
(ii) ASTM Designation: A 106 ``Standard Specification for Seamless
Carbon Steel Pipe for High-Temperature Service'' (A 106-94a).
(iii) ASTM Designation: A 333/A 333M ``Standard Specification for
Seamless and Welded Steel Pipe for Low-Temperature Service''(A 333/A
333M-94).
(iv) ASTM Designation: A 381 ``Standard Specification for Metal-
Arc-Welded Steel Pipe for Use With High-Pressure Transmission Systems''
(A 381-93).
(v) ASTM Designation: A 671 ``Standard Specification for Electric-
Fusion-Welded Steel Pipe for Atmospheric and Lower Temperatures'' (A
671-94).
(vi) ASTM Designation: A 672 ``Standard Specification for Electric-
Fusion-Welded Steel Pipe for High-Pressure Service at Moderate
Temperatures'' (A 672-94).
(vii) ASTM Designation: A 691 ``Standard Specification for Carbon
and Alloy Steel Pipe Electric-Fusion-Welded for High- Pressure Service
at High Temperatures'' (A 691-93).
Issued in Washington, DC on May 16, 1996.
Rose A. McMurray,
Acting Deputy Administrator.
[FR Doc. 96-12843 Filed 5-23-96; 8:45 am]
BILLING CODE 4910-60-P
Complete official Federal Register PDF
FR Doc. 96-12834 RUS Specification for Aerial Service Wires
[Federal Register Volume 61, Number 102 (Friday, May 24, 1996)]
[Rules and Regulations]
[Pages 26073-26078]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-12834]
-----------------------------------------------------------------------
DEPARTMENT OF AGRICULTURE
Rural Utilities Service
7 CFR Part 1755
RUS Specification for Aerial Service Wires
AGENCY: Rural Utilities Service, USDA.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Rural Utilities Service (RUS) amends its regulations on
Telecommunications Standards and Specifications for Materials,
Equipment and Construction, by codifying the RUS Specification for
Aerial Service Wires. The new specification sets forth the engineering
and technical standards that are required by RUS in outside plant
environments.
DATES: Effective date: June 24, 1996.
Compliance date: Borrowers may purchase aerial wire service
products already produced or currently in the process of manufacturing
under previous Bulletin 345-36 until February 24, 1997.
Incorporation by reference: Incorporation by reference of certain
publications listed in this final rule is approved by the Director of
the Federal Register as of June 24, 1996.
FOR FURTHER INFORMATION CONTACT: Charlie I. Harper, Jr., Chief, Outside
Plant Branch, Telecommunications Standards Division, Rural Utilities
Service, room 2844, AG Box 1598, South Building, U.S. Department of
Agriculture, Washington, DC 20250-1598, telephone number (202) 720-
0667.
SUPPLEMENTARY INFORMATION:
Executive Order 12866
This final rule has been determined to be not significant and
therefore has not been reviewed by the Office of Management and Budget.
Executive Order 12778
This final rule has been reviewed under Executive Order 12778,
Civil Justice Reform. If adopted, this final rule will not:
(1) Preempt any State or local laws, regulations, or policies;
(2) Have any retroactive effect; and
(3) Require administrative proceedings before parties may file suit
challenging the provisions of this rule.
Regulatory Flexibility Act Certification
The Administrator of RUS has determined that this final rule will
not have a significant economic impact on a substantial number of small
entities, as defined by the Regulatory Flexibility Act (5 U.S.C. 601 et
seq.). This final rule involves standards and specifications, which may
increase the direct short-term costs to RUS borrowers. However, the
long-term direct economic costs are reduced through greater durability
and lower maintenance cost over time.
Information Collection and Recordkeeping Requirements
The reporting and recordkeeping requirements contained in the final
rule were approved by the Office of Management and Budget (OMB)
pursuant to the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35,
as amended) under control number of 0572-0059.
Send questions or comments regarding this burden or any other
aspect of these collections of information, including suggestions for
reducing the burden, to F. Lamont Heppe, Jr., Deputy Director, Program
Support Staff, Rural Utilities Service, Ag Box 1522, Washington, DC
20250-1522.
[[Page 26074]]
National Environmental Policy Act Certification
The Administrator of RUS has determined that this final rule will
not significantly affect the quality of the human environment as
defined by the National Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.) Therefore, this action does not require an environmental
impact statement or assessment.
Catalog of Federal Domestic Assistance
The program described by this final rule is listed in the Catalog
of Federal Domestic Assistance programs under No. 10.851, Rural
Telephone Loans and Loan Guarantees; and No. 10.852, Rural Telephone
Bank Loans. This catalog is available on a subscription basis from the
Superintendent of Documents, the United States Government Printing
Office, Washington, DC 20402.
Executive Order 12372
This final rule is excluded from the scope of Executive Order
12372, Intergovernmental Consultation, which may require consultation
with State and local officials. A Notice of Final Rule titled
Department Programs and Activities Excluded from Executive Order 12372
(50 FR 47034) exempts RUS and RTB loans and loan guarantees, and RTB
bank loans, to governmental and nongovernmental entities from coverage
under this Order.
Background
RUS issues publications titled ``Bulletin'' which serve to guide
borrowers regarding already codified policy, procedures, and
requirements needed to manage loans, loan guarantee programs, and the
security instruments which provide for and secure RUS financing. RUS
issues standards and specifications for the construction of telephone
facilities financed with RUS loan funds. RUS Bulletin 345-36, ``RUS
Specification for Parallel Conductor Drop Wire,'' PE-7, dated January
25, 1983, presently contains the engineering and technical requirements
for aerial service wires that are considered necessary for satisfactory
performance in outside plant environments. Because of the technological
advancements made in aerial service wire designs over the past eleven
years, RUS is rescinding Bulletin 345-36 and codifying these standards
in 7 CFR part 1755.700 through 7 CFR part 1755.704, RUS Specification
for Aerial Service Wires.
The specification allows aerial service wire designs consisting of
one pair through six pairs. The specification also allows aerial
service wire designs containing copper coated steel and nonmetallic
reinforcing members.
The specification contains mechanical, electrical, and
environmental requirements, and test methods for evaluation of these
aerial service wire designs.
This action establishes RUS requirements for a wider range of
aerial service wires without affecting current designs or manufacturing
techniques. This wider selection of aerial service wires will afford
RUS telephone borrowers the opportunity to increase subscriber services
in an economical and efficient manner through enhanced wire designs
brought about by technological advancements made during the past eleven
years.
On December 29, 1995, RUS published a proposed rule (60 FR 67340)
to codify the RUS Specification for Aerial Service Wires. Comments on
this proposed rule were due January 29, 1996. No comments were received
by this due date.
List of Subjects in 7 CFR Part 1755
Incorporation by reference, Loan programs--communications,
Reporting and recordkeeping requirements, Rural areas, Telephone.
For the reasons set out in the preamble, RUS amends chapter XVII of
title 7 of the Code of Federal Regulations as follows:
PART 1755--TELECOMMUNICATIONS STANDARDS AND SPECIFICATIONS FOR
MATERIALS, EQUIPMENT AND CONSTRUCTION
1. The authority citation for part 1755 continues to read as
follows:
Authority: 7 U.S.C. 901 et seq., 1921 et seq., 6941 et seq.
2. Section 1755.98 is amended by adding a new entry to the table in
numerical order to read as follows:
Sec. 1755.98 List of telephone standards and specifications included
in other 7 CFR parts.
* * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
Section Issue date Title
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * * * *
1755.700 through 1755.704............ June 24, 1996............................. RUS Specification for Aerial Service Wires.
* * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
3. Sections 1755.700 through 1755.704 are added to read as follows:
Sec. 1755.700 RUS specification for aerial service wires.
Secs. 1755.701 through 1755.704 cover the requirements for aerial
service wires.
Sec. 1755.701 Scope.
(a) This section covers the requirements for aerial service wires
intended for aerial subscriber drops.
(b) The aerial service wires can be either copper coated steel
reinforced or nonmetallic reinforced designs.
(c) For the copper coated steel reinforced design, the reinforcing
members are the conductors.
(1) The conductors are solid copper-covered steel wires.
(2) The wire structure is completed by insulating the conductors
with an overall extruded plastic insulating compound.
(d) For the nonmetallic reinforced design, the conductors are solid
copper individually insulated with an extruded solid insulating
compound.
(1) The insulated conductors are either laid parallel (two
conductor design only) or twisted into pairs (a star-quad configuration
is permitted for two pair wires).
(2) The wire structure is completed by the application of
nonmetallic reinforcing members and an overall plastic jacket.
(e) All wires sold to RUS borrowers for projects involving RUS loan
funds under Secs. 1755.700 through 1755.704 must be accepted by RUS
Technical Standards Committee ``A'' (Telecommunications). For wires
manufactured to the specification of Secs. 1755.700 through 1755.704,
all design changes to an accepted design must be submitted for
acceptance. RUS will be the sole authority on what constitutes a design
change.
(f) Materials, manufacturing techniques, or wire designs not
[[Page 26075]]
specifically addressed by Secs. 1755.700 through 1755.704 may be
allowed if accepted by RUS. Justification for acceptance of modified
materials, manufacturing techniques, or wire designs must be provided
to substantiate product utility and long term stability and endurance.
Sec. 1755.702 Copper coated steel reinforced (CCSR) aerial service
wire.
(a) Conductors. (1) Each conductor shall comply with the
requirements specified in the American National Standard Institute/
Insulated Cable Engineers Association, Inc. (ANSI/ICEA) S-89-648-1993,
paragraphs 2.1 through 2.1.5. The ANSI/ICEA S-89-648-1993 Standard For
Telecommunications Aerial Service Wire, Technical Requirements
(approved by ANSI July 11, 1994) is incorporated by reference in
accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Copies of ANSI/ICEA
S-89-648-1993 are available for inspection during normal business hours
at RUS, room 2845, U.S. Department of Agriculture, Washington, DC
20250-1500 or at the Office of the Federal Register, 800 North Capitol
Street, NW., suite 700, Washington, DC. Copies are available from ICEA,
P. O. Box 440, South Yarmouth, MA 02664, telephone number (508) 394-
4424.
(2) Factory joints in conductors shall comply with the requirement
specified in ANSI/ICEA S-89-648-1993, paragraph 2.1.6.
(b) Conductor insulation. (1) The raw materials used for the
conductor insulation shall comply with the requirements specified in
ANSI/ICEA S-89-648-1993, paragraph 3.1.1.
(2) The raw materials shall be accepted by RUS prior to their use.
(3) The finished conductor insulation shall be free from holes,
splits, blisters, or other imperfections and shall be as smooth as is
consistent with best commercial practice.
(4) The finished conductor insulation shall comply with the
requirements specified in ANSI/ICEA S-89-648-1993, paragraphs 3.1.5
through 3.1.5.4.
(5) The insulation shall have a minimum spot thickness of not less
than 0.9 millimeters (mm) (0.03 inches (in.)) at any point.
(c) Wire assembly. (1) The two conductors shall be insulated in
parallel to form an integral configuration.
(2) The finished wire assembly shall be either a flat or a notched
oval. Other finished wire assemblies may be used provided that they are
accepted by RUS prior to their use.
(3) The overall dimensions of the finished wire assembly shall be
in accordance with the following requirements:
------------------------------------------------------------------------
Dimensions
-------------------------------
Diameter Minimum mm Maximum mm
(in.) (in.)
------------------------------------------------------------------------
Major................................... 5.5 (0.22) 8.0 (0.31)
Minor................................... 3.0 (0.12) 5.0 (0.19)
------------------------------------------------------------------------
(d) Conductor marking. The insulated conductors of a finished wire
shall be marked in accordance with the requirements specified in ANSI/
ICEA S-89-648-1993, paragraph 3.1.4.
(e) Electrical requirements. (1) Conductor resistance. The direct
current (dc) resistance of each conductor in a completed CCSR aerial
service wire shall comply with the requirement specified in ANSI/ICEA
S-89-648-1993, paragraph 7.1.2.
(2) Wet mutual capacitance. The wet mutual capacitance of the
completed CCSR aerial service wire shall comply with the requirement
specified in ANSI/ICEA S-89-648-1993, paragraph 7.1.3.
(3) Wet attenuation. The wet attenuation of the completed CCSR
aerial service wire shall comply with the requirement specified in
ANSI/ICEA S-89-648-1993, paragraph 7.1.4.
(4) Wet insulation resistance. The wet insulation resistance of the
completed CCSR aerial service wire shall comply with the requirement
specified in ANSI/ICEA S-89-648-1993, paragraph 7.1.5.
(5) Dielectric strength. (i) The wet dielectric strength between
conductors and between each conductor of the completed CCSR aerial
service wire and the surrounding water shall comply with the
requirement specified in ANSI/ICEA S-89-648-1993, paragraph 7.1.6.
(ii) The dry dielectric strength between conductors of the
completed CCSR aerial service wire shall comply with the requirement
specified in ANSI/ICEA S-89-648-1993, paragraph 7.1.7.
(6) Fusing coordination. The completed CCSR aerial service wire
shall comply with the fusing coordination requirement specified in
ANSI/ICEA S-89-648-1993, paragraph 7.1.8.
(7) Insulation imperfections. Each length of completed CCSR aerial
service wire shall comply with the requirement specified in ANSI/ICEA
S-89-648-1993, paragraph 7.1.9.
(f) Mechanical requirements. (1) Impact test. (i) All CCSR aerial
service wires manufactured in accordance with this section shall comply
with the unaged impact test specified in ANSI/ICEA S-89-648-1993,
paragraph 8.1.2.
(ii) All CCSR aerial service wires manufactured in accordance with
this section shall comply with the aged impact test specified in ANSI/
ICEA S-89-648-1993, paragraph 8.1.3.
(2) Abrasion resistance test. All CCSR aerial service wires
manufactured in accordance with this section shall comply with the
abrasion resistance test specified in ANSI/ICEA S-89-648-1993,
paragraph 8.1.4.
(3) Static load test. All CCSR aerial service wires manufactured in
accordance with this section shall comply with the static load test
specified in ANSI/ICEA S-89-648-1993, paragraph 8.1.5.
(4) Plasticizer compatibility test. All CCSR aerial service wires
manufactured in accordance with this section shall comply with the
plasticizer compatibility test specified in ANSI/ICEA S-89-648-1993,
paragraph 8.1.8.
(g) Environmental requirements. (1) Cold temperature handling test.
(i) All CCSR aerial service wires manufactured in accordance with this
section shall comply with the unaged cold temperature handling test
specified in ANSI/ICEA S-89-648-1993, paragraph 8.2.1.
(ii) All CCSR aerial service wires manufactured in accordance with
this section shall comply with the aged cold temperature handling test
specified in ANSI/ICEA S-89-648-1993, paragraph 8.2.2.
(2) Light absorption test. All CCSR aerial service wires
manufactured in accordance with this section shall comply with the
light absorption test specified in ANSI/ICEA S-89-648-1993, paragraph
8.2.3.
(3) Low temperature separation test. All CCSR aerial service wires
manufactured in accordance with this section shall comply with the low
temperature separation test specified in ANSI/ICEA S-89-648-1993,
paragraph 8.2.4.
(4) Flammability test. All CCSR aerial service wires manufactured
in accordance with this section shall comply with the flammability test
specified in ANSI/ICEA S-89-648-1993, paragraph 8.3.
(5) Wire listing. All CCSR aerial service wires manufactured in
accordance with this section shall comply with the listing requirements
specified in ANSI/ICEA S-89-648-1993, paragraph 8.4.
(h) Identification marker. Each length of CCSR aerial service wire
shall be identified in accordance with ANSI/ICEA S-89-648-1993,
paragraph 9.1.4. When surface marking is employed, the color of the
initial marking shall be either white or silver.
(i) Length marking (optional). (1) Sequentially numbered length
marking of the completed CCSR aerial service
[[Page 26076]]
wire may be used at the option of the manufacturer unless specified by
the end user.
(2) When sequentially numbered length markings are used, the length
markings shall be in accordance with ANSI/ICEA S-89-648-1993, paragraph
9.1.5. The color of the initial marking shall be either white or
silver.
(j) Durability of marking. The durability of the marking of the
CCSR aerial service wire shall comply with the requirements specified
in ANSI/ICEA S-89-648-1993, paragraph 9.1.6.
Sec. 1755.703 Nonmetallic reinforced (NMR) aerial service wire.
(a) Conductors. (1) Each conductor shall comply with the
requirements specified in ANSI/ICEA S-89-648-1993, paragraphs 2.2 and
2.2.1. The ANSI/ICEA S-89-648-1993 Standard For Telecommunications
Aerial Service Wire, Technical Requirements (approved by ANSI July 11,
1994) is incorporated by reference in accordance with 5 U.S.C. 552(a)
and 1 CFR part 51. Copies of ANSI/ICEA S-89-648-1993 are available for
inspection during normal business hours at RUS, room 2845, U.S.
Department of Agriculture, Washington, DC 20250-1500 or at the Office
of the Federal Register, 800 North Capitol Street, NW., suite 700,
Washington, DC. Copies are available from ICEA, P. O. Box 440, South
Yarmouth, MA 02664, telephone number (508) 394-4424.
(2) Factory joints made in the conductors during the manufacturing
process shall comply with the requirement specified in ANSI/ICEA S-89-
648-1993, paragraph 2.2.2.
(b) Conductor insulation. (1) The raw materials used for the
conductor insulation shall comply with the requirements specified in
ANSI/ICEA S-89-648-1993, paragraphs 3.2 through 3.2.2.
(2) The finished conductor insulation shall comply with the
requirements specified in ANSI/ICEA S-89-648-1993, paragraph 3.2.3.
(3) The dimensions of the insulated conductors shall comply with
the requirements specified in ANSI/ICEA S-89-648-1993, paragraph
3.2.3.1.
(4) The colors of the insulation shall comply with the requirements
specified in ANSI/ICEA S-89-648-1993, paragraph 3.2.3.2.
(5) A permissible overall performance level of faults in conductor
insulation shall comply with the requirement specified in ANSI/ICEA S-
89-648-1993, paragraph 3.2.4.6. The length count and number of faults
shall be recorded. The information shall be retained for a period of 6
months and be available for review by RUS when requested.
(6) Repairs to the conductor insulation during manufacture are
permissible. The method of repair shall be accepted by RUS prior to its
use. The repaired insulation shall comply with the requirement
specified in ANSI/ICEA S-89-648-1993, paragraph 3.2.3.3.
(7) All repaired sections of insulation shall be retested in the
same manner as originally tested for compliance with paragraph (b)(5)
of this section.
(8) The colored insulating material removed from or tested on the
conductor, from a finished wire shall comply with the requirements
specified in ANSI/ICEA S-89-648-1993, paragraphs 3.2.4 through 3.2.4.5.
(c) Identification of pairs and layup of pairs. (1) The insulation
shall be colored coded to identify:
(i) The tip and ring conductor of each pair; and
(ii) Each pair in the completed wire.
(2) The colors to be used in the pairs together with the pair
numbers shall be in accordance with the table specified in ANSI/ICEA S-
89-648-1993, paragraph 4.1.1.
(3) The insulated conductors shall be either layed parallel (two
conductor design only) or twisted into pairs.
(4) When using parallel conductors for the two conductor design,
the parallel conductors shall be designed to enable the wire to meet
the electrical requirements specified in paragraph (g) of this section.
(5) When twisted pairs are used, the following requirements shall
be met:
(i) The pair twists shall be designed to enable the wire to meet
the electrical requirements specified in paragraph (g) of this section;
and
(ii) The average length of pair twists in any pair in the finished
wire, when measured on any 3 meter (10 foot) length, shall not exceed
the requirement specified in ANSI/ICEA S-89-648-1993, paragraph 4.1.
(6) An alternative method of forming the two-pair wire is the use
of a star-quad configuration.
(i) The assembly of the star-quad shall be such as to enable the
wire to meet the electrical requirements specified in paragraph (g) of
this section.
(ii) The star-quad configuration shall be assembled in accordance
with ANSI/ICEA S-89-648-1993, paragraph 4.1.2.
(iii) The average length of twist for the star-quad in the finished
wire, when measured on any 3 meter (10 foot) length, shall not exceed
the requirement specified in ANSI/ICEA S-89-648-1993, paragraph 4.1.
(iv) The color scheme used to provide identification of the tip and
ring conductors of each pair in the star-quad shall comply with the
table specified in ANSI/ICEA S-89-648-1993, paragraph 4.1.2.
(d) Strength members. The strength members shall comply with the
requirements specified in ANSI/ICEA S-89-648-1993, paragraphs 6.1 and
6.1.1.
(e) Wire jacket. (1) The jacket shall comply with the requirements
specified in ANSI/ICEA S-89-648-1993, paragraphs 5.1 and 5.1.1.
(2) The jacket raw materials shall be accepted by RUS prior to
their use.
(f) Wire assembly. The finished wire assembly shall be in
accordance with ANSI/ICEA S-89-648-1993, paragraph 5.1.3 and Figure 5-
1.
(g) Electrical requirements. (1) Conductor resistance. The dc
resistance of each conductor in a completed NMR aerial service wire
shall comply with the requirement specified in ANSI/ICEA S-89-648-1993,
paragraph 7.2.2.
(2) Resistance unbalance. (i) The dc resistance unbalance between
the two conductors of any pair in a completed NMR aerial service wire
and the average resistance unbalance of all pairs in a Quality Control
Lot shall comply with the requirements specified in ANSI/ICEA S-89-648-
1993, paragraph 7.2.3.
(ii) The resistance unbalance between tip and ring conductors shall
be random with respect to the direction of unbalance. That is, the
resistance of the tip conductors shall not be consistently higher with
respect to the ring conductors and vice versa.
(3) Dry mutual capacitance. The dry mutual capacitance of the
completed NMR aerial service wire shall comply with the requirements
specified in ANSI/ICEA S-89-648-1993, paragraph 7.2.4, Type 1.
(4) Pair-to-pair capacitance unbalance. The pair-to-pair
capacitance unbalance as measured on the completed NMR aerial service
wire shall comply with the requirements specified in ANSI/ICEA S-89-
648-1993, paragraph 7.2.5.
(5) Attenuation. (i) The dry attenuation of the completed NMR
aerial service wire shall comply with the requirement specified in
ANSI/ICEA S-89-648-1993, paragraph 7.2.7.
(ii) The wet attenuation of the completed NMR aerial service wire
shall comply with the requirement specified in ANSI/ICEA S-89-648-1993,
paragraph 7.2.8.
(6) Insulation resistance. (i) The dry insulation resistance of the
completed NMR aerial service wire shall comply with the requirement
specified in ANSI/ICEA S-89-648-1993, paragraph 7.2.9.
[[Page 26077]]
(ii) The wet insulation resistance of the completed NMR aerial
service wire shall comply with the requirement specified in ANSI/ICEA
S-89-648-1993, paragraph 7.2.10.
(7) Wet Dielectric strength. The wet dielectric strength between
conductors and between each conductor of the completed NMR aerial
service wire and the surrounding water shall comply with the
requirement specified in ANSI/ICEA S-89-648-1993, paragraph 7.2.11.
(8) Fusing coordination. The completed NMR aerial service wire
shall comply with the fusing coordination requirement specified in
ANSI/ICEA S-89-648-1993, paragraph 7.2.13.
(9) Crosstalk loss. (i) The output-to-output far-end crosstalk loss
(FEXT) for any pair of completed NMR aerial service wire shall comply
with the requirement specified in ANSI/ICEA S-89-648-1993, paragraph
7.2.14.
(ii) The input-to-input near-end crosstalk loss (NEXT) for any pair
of completed NMR aerial service wire shall comply with the requirement
specified in ANSI/ICEA S-89-648-1993, paragraph 7.2.14.
(h) Mechanical requirements--(1) Impact test. (i) All NMR aerial
service wires manufactured in accordance with this section shall comply
with the unaged impact test specified in Sec. 1755.702(f)(1)(i).
(ii) All NMR aerial service wires manufactured in accordance with
this section shall comply with the aged impact test specified in
Sec. 1755.702(f)(1)(ii).
(2) Abrasion resistance test. All NMR aerial service wires
manufactured in accordance with this section shall comply with the
abrasion resistance test specified in Sec. 1755.702(f)(2).
(3) Static load test. All NMR aerial service wires manufactured in
accordance with this section shall comply with the static load test
specified in Sec. 1755.702(f)(3).
(4) Elongation test. All NMR aerial service wires manufactured in
accordance with this section shall comply with the elongation test
specified in ANSI/ICEA S-89-648-1993, paragraph 8.1.7.
(5) Plasticizer compatibility test. All NMR aerial service wires
manufactured in accordance with this section shall comply with the
plasticizer compatibility test specified in Sec. 1755.702(f)(4).
(i) Environmental requirements. (1) Cold temperature handling test.
(i) All NMR aerial service wires manufactured in accordance with this
section shall comply with the unaged cold temperature handling test
specified in Sec. 1755.702(g)(1)(i).
(ii) All NMR aerial service wires manufactured in accordance with
this section shall comply with the aged cold temperature handling test
specified in Sec. 1755.702(g)(1)(ii).
(2) Light absorption test. All NMR aerial service wires
manufactured in accordance with this section shall comply with the
light absorption test specified in Sec. 1755.702(g)(2).
(3) Flammability test. All NMR aerial service wires manufactured in
accordance with this section shall comply with the flammability test
specified in Sec. 1755.702(g)(4).
(4) Wire listing. All NMR aerial service wires manufactured in
accordance with this section shall comply with the listing requirements
specified in Sec. 1755.702(g)(5).
(j) Ripcord (optional). (1) A ripcord may be used in the NMR aerial
service wire structure at the option of the manufacturer unless
specified by the end user.
(2) When a ripcord is used it shall comply with the requirements
specified in ANSI/ICEA S-89-648-1993, paragraphs 4.2 through 4.2.3.
(k) Identification marker. Each length of NMR aerial service wire
shall be identified in accordance with ANSI/ICEA S-89-648-1993,
paragraphs 9.1 through 9.1.4. When surface marking is employed, the
color of the initial marking shall be either white or silver.
(l) Length marking (optional). (1) Sequentially numbered length
marking of the completed NMR aerial service wire may be used at the
option of the manufacturer unless specified by the end user.
(2) When sequentially numbered length markings are used, the length
markings shall be in accordance with in accordance with
Sec. 1755.702(i)(2).
(m) Durability of marking. The durability of the marking of the NMR
aerial service wire shall comply with the requirements specified in
Sec. 1755.702(j).
Sec. 1755.704 Requirements applicable to both CCSR and NMR aerial
service wires.
(a) Acceptance testing. (1) The tests described in Secs. 1755.700
through 1755.704 are intended for acceptance of wire designs and major
modifications of accepted designs. What constitutes a major
modification is at the discretion of RUS. These tests are intended to
show the inherent capability of the manufacturer to produce wire
products having long life and stability.
(2) For initial acceptance, the manufacturer shall:
(i) Certify that the product fully complies with each paragraph in
Secs. 1755.700 through 1755.704;
(ii) Agree to periodic plant inspections by RUS;
(iii) Certify whether the product complies with the domestic origin
manufacturing provisions of the ``Buy American'' requirements of the
Rural Electrification Act of 1938 (7 U.S.C. 903 note), as amended (the
``REA Buy-American provision'');
(iv) Submit at least three written user testimonials concerning
field performance of the product; and
(v) Provide any other nonpropriety data deemed necessary by the
Chief, Outside Plant Branch (Telecommunications).
(3) In order for RUS to consider a manufacturer's request that a
product be requalified, the manufacturer shall certify not later than
June 30 of the year in which requalification is required, that the
product:
(i) Fully complies with each paragraph in Secs. 1755.700 through
1755.704; and
(ii) Does or does not comply with the domestic origin manufacturing
provisions of the REA Buy American provisions.The required
certifications shall be dated within 90 days of the submission.
(4) Initial and requalification acceptance requests should be
addresses to: Chairman, Technical Standards Committee ``A''
(Telecommunications), Telecommunications Standards Division, Rural
Utilities Service, AG Box 1598, Washington, DC 20250-1598.
(b) Extent of testing--(1) Tests on 100 percent of completed wire.
(i) Each conductor in the completed CCSR and NMR aerial service wire
shall be tested for continuity in accordance with ANSI/ICEA S-89-648-
1993, paragraphs 7.1.1 and 7.2.1, respectively. The ANSI/ICEA S-89-648-
1993 Standard For Telecommunications Aerial Service Wire, Technical
Requirements (approved by ANSI July 11, 1994) is incorporated by
reference in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Copies
of ANSI/ICEA S-89-648-1993 are available for inspection during normal
business hours at RUS, room 2845, U.S. Department of Agriculture,
Washington, DC 20250-1500 or at the Office of the Federal Register, 800
North Capitol Street, NW., suite 700, Washington, DC. Copies are
available from ICEA, P. O. Box 440, South Yarmouth, MA 02664, telephone
number (508) 394-4424.
(ii) Each conductor in the completed CCSR and NMR aerial service
wire shall be tested for shorts in accordance with ANSI/ICEA S-89-648-
1993, paragraphs 7.1.1 and 7.2.1, respectively.
(iii) Each length of completed CCSR and NMR aerial service wire
shall be
[[Page 26078]]
tested for insulation imperfections in accordance with
Sec. 1755.702(e)(7) and Sec. 1755.703(b)(5), respectively.
(2) Capability tests. Tests on a quality assurance basis shall be
made as frequently as is required for each manufacturer to determine
and maintain compliance with:
(i) Performance of the conductors;
(ii) Performance of the conductor insulation and jacket material;
(iii) Sequential marking and lettering;
(iv) Mutual capacitance, capacitance unbalance, attenuation, and
crosstalk;
(v) Conductor resistance, resistance unbalance, and insulation
resistance;
(vi) Dielectric strength and fusing coordination;
(vii) Impact, abrasion, static load, elongation, and plasticizer
compatibility tests; and
(viii) Cold temperature handling, light absorption, low temperature
separation, and flammability tests.
(c) Summary of records of electrical and physical tests. (1) Each
manufacturer shall maintain suitable summary records for a period of at
least 3 years of all electrical and physical tests required on
completed wire as set forth in paragraph (b) of this section. The test
data for a particular lot of aerial service wire shall be in a form
such that it may be readily available to the purchaser or to RUS upon
request.
(2) Measurements and computed values shall be rounded off to the
number of places or figures specified for the requirement according to
ANSI/ICEA S-89-648-1993, paragraph 1.3.
(d) Manufacturing irregularities. (1) Repairs to the insulation of
CCSR aerial service wires are not permitted in wires supplied to end
users under Secs. 1755.700 through 1755.704.
(2) Repairs to the jacket of NMR aerial service wires are not
permitted in wires supplied to end users under Secs. 1755.700 through
1755.704.
(e) Splicing. Splicing of completed CCSR and NMR aerial service
wires shall comply with the requirement specified in ANSI/ICEA S-89-
648-1993, paragraph 8.1.1.
(f) Preparation for shipment. (1) CCSR and NMR aerial service wire
shall be shipped either in coils or on reels.
(2) When CCSR and NMR aerial service wires are shipped on reels the
following provisions shall apply:
(i) The diameter of the drum shall be large enough to prevent
damage to the wire from reeling or unreeling. The reels shall be
substantial and so constructed as to prevent damage to the wire during
shipment and handling;
(ii) A waterproof corrugated board or other suitable means of
protection accepted by RUS prior to its use may be applied to the reel.
If the waterproof corrugated board or other suitable material is used
for protection, it shall be suitably secured in place to prevent damage
to the wire during storage and handling. The use of the waterproof
corrugated board or other suitable means of protection shall be at the
option of the manufacturer unless specified by the end user;
(iii) The outer end of the wire shall be securely fastened to the
reel head so as to prevent the wire from becoming loose in transit. The
inner end of the wire shall be securely fastened in such a way as to
make it readily available if required for electrical testing. Spikes,
staples, or other fastening devices which penetrate the conductor
insulation of the CCSR aerial service wire and the jacket of the NMR
aerial service wire shall not be used. The method of fastening the wire
ends shall be accepted by RUS prior to their use;
(iv) Each length of wire shall be wound on a separate reel;
(v) Each reel shall be plainly marked to indicate the direction in
which it should be rolled to prevent loosening of the wire on the reel;
and
(vi) Each reel shall be stenciled or labeled on either one or both
sides with the following information:
(A) Customer order number;
(B) Manufacturer's name and product code;
(C) Factory reel number and year of manufacture;
(D) Gauge of conductors and pair size of wire;
(E) Length of wire; and
(F) RUS designation letter ``K.''
(3) When CCSR and NMR aerial service wires are shipped in coils the
following provisions shall apply:
(i) The diameter of the coil shall be large enough to prevent
damage to the wire from coiling or uncoiling;
(ii) The nominal length of the wire in a coil shall be 305 meters
(1,000 feet). No coil shall be less than 290 meters (950 feet) long or
more than 460 meters (1,500 feet) long; however, 25 percent of the
total number of coils may be less than 305 meters (1,000 feet);
(iii) The coils of wire shall be wound securely with strong tape in
four separate evenly spaced places;
(iv) The coils may be protected from damage by wrapping the coil
with heavy paper, burlap, or other suitable material accepted by RUS
prior to its use. The use of the heavy paper, burlap, or other suitable
means of protection shall be at the option of the manufacturer unless
specified by the end user; and
(v) Each coil shall be tagged with the following information:
(A) Customer order number;
(B) Manufacturer's name and product code;
(C) Year of manufacture;
(D) Gauge of conductors and pair size of wire;
(E) Length of wire; and
(F) RUS designation letter ``K.''
(4) In lieu of wrapping the coil with heavy paper, burlap, or other
suitable material, the coil may be packaged in a moisture resistant
carton.
(5) When the coils are shipped in moisture resistant cartons, each
carton shall be marked with the information specified in paragraphs
(f)(3)(v)(A) through (f)(3)(v)(F) of this section.
(6) Other methods of shipment may be used if accepted by RUS prior
to their use.
(7) When NMR aerial service wire is shipped, the ends of the wire
shall be sealed in accordance with ANSI/ICEA S-89-648-1993, paragraph
9.2.
Dated: May 10, 1996.
Jill Long Thompson,
Under Secretary, Rural Development.
[FR Doc. 96-12834 Filed 5-23-96; 8:45 am]
BILLING CODE 3410-15-P
Complete official Federal Register PDF
FR Doc. 96-12731 Airworthiness Directives; Airbus Industrie Model A300, A300-600, and A310 Series Airplanes
[Federal Register Volume 61, Number 102 (Friday, May 24, 1996)]
[Rules and Regulations]
[Pages 26091-26094]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-12731]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
14 CFR Part 39
[Docket No. 95-NM-85-AD; Amendment 39-9630; AD 96-11-05]
RIN 2120-AA64
Airworthiness Directives; Airbus Industrie Model A300, A300-600,
and A310 Series Airplanes
AGENCY: Federal Aviation Administration, DOT.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This amendment adopts a new airworthiness directive (AD),
applicable to certain Airbus Industrie Model A300, A300-600, and A310
series airplanes, that requires inspections to detect cracks in the
lower spar axis of the pylons between ribs 6 and 7, and repair, if
necessary. This amendment is prompted by reports that fatigue cracking
has been found on the lower spar of the pylon. The actions specified by
this AD are intended to prevent such fatigue cracking, which could
result in reduced structural integrity of the lower spar of the pylon.
DATES: Effective June 28, 1996.
The incorporation by reference of certain publications listed in
the regulations is approved by the Director of the Federal Register as
of June 28, 1996.
ADDRESSES: The service information referenced in this AD may be
obtained from Airbus Industrie, 1 Rond Point Maurice Bellonte, 31707
Blagnac Cedex, France. This information may be examined at the Federal
Aviation Administration (FAA), Transport Airplane Directorate, Rules
Docket, 1601 Lind Avenue, SW., Renton, Washington; or at the Office of
the Federal Register, 800 North Capitol Street, NW., suite 700,
Washington, DC.
FOR FURTHER INFORMATION CONTACT: Tim Backman, Aerospace Engineer,
Standardization Branch, ANM-113, FAA, Transport Airplane Directorate,
1601 Lind Avenue, SW., Renton, Washington 98055-4056; telephone (206)
227-2797; fax (206) 227-1149.
SUPPLEMENTARY INFORMATION: A proposal to amend part 39 of the Federal
Aviation Regulations (14 CFR part 39) to include an airworthiness
directive (AD) that is applicable to certain Airbus Industrie Model
A300, A300-600, and A310 series airplanes was published in the Federal
Register on March 6, 1996 (61 FR 8892). That action proposed to require
inspections to detect cracks in the lower spar axis of the pylons
between ribs 6 and 7, and repair, if necessary.
Interested persons have been afforded an opportunity to participate
in the
[[Page 26092]]
making of this amendment. Due consideration has been given to the
comments received.
Support for the Proposal
One commenter supports the proposed rule.
Request To Revise Compliance Threshold for Inspection
One commenter requests that the inspection threshold specified in
paragraph (h) of the proposal be revised from 14,500 landings to 17,000
landings for consistency with the threshold provided in Airbus Service
Bulletin A300-54-6014, Revision 1, dated March 28, 1994.
The FAA concurs with the commenter's request. The FAA's intent is
that the inspection threshold and repetitive inspection interval
specified in paragraph (h) of this AD parallel the threshold and
interval recommended in the Airbus service bulletin. The FAA has
revised paragraph (h) of the final rule to specify an inspection
threshold of 17,000 landings. The repetitive inspection interval of
14,500 landings, which was recommended in the Airbus service bulletin,
remains unchanged in this final rule.
Correction of Service Bulletin Number
The FAA has revised the reference to a service bulletin number that
appeared in paragraph (i) of the proposed AD as Airbus Industrie
Service Bulletin A300-54-2017. The correct service bulletin number is
A310-54-2017.
Conclusion
After careful review of the available data, including the comments
noted above, the FAA has determined that air safety and the public
interest require the adoption of the rule with the changes previously
described. The FAA has determined that these changes will neither
increase the economic burden on any operator nor increase the scope of
the AD.
Cost Impact
The FAA estimates that 99 airplanes of U.S. registry will be
affected by this AD, that it will take approximately 8 work hours per
airplane to accomplish the required actions, and that the average labor
rate is $60 per work hour. Based on these figures, the cost impact of
the AD on U.S. operators is estimated to be $47,520, or $480 per
airplane, per inspection cycle.
The cost impact figure discussed above is based on assumptions that
no operator has yet accomplished any of the requirements of this AD
action, and that no operator would accomplish those actions in the
future if this AD were not adopted.
Should an operator of a Model A300 series airplane elect to
accomplish the optional modification that is provided by this AD
action, it will take approximately 100 work hours to accomplish, at an
average labor rate of $60 per work hour. The cost of required parts
will be approximately $1,500 per airplane. Based on these figures, the
cost impact of the optional modification for Model A300 series
airplanes is estimated to be $7,500 per airplane.
Should an operator of a Model A300-600 or A310 series airplane
elect to accomplish the optional modification that is provided by this
AD action, it will take approximately 110 work hours to accomplish, at
an average labor rate of $60 per work hour. The cost of required parts
will be approximately $1,500 per airplane. Based on these figures, the
cost impact of the optional modification for Model A300-600 and A310
series airplanes is estimated to be $8,100 per airplane.
Regulatory Impact
The regulations adopted herein will not have substantial direct
effects on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government. Therefore, in
accordance with Executive Order 12612, it is determined that this final
rule does not have sufficient federalism implications to warrant the
preparation of a Federalism Assessment.
For the reasons discussed above, I certify that this action (1) is
not a ``significant regulatory action'' under Executive Order 12866;
(2) is not a ``significant rule'' under DOT Regulatory Policies and
Procedures (44 FR 11034, February 26, 1979); and (3) will not have a
significant economic impact, positive or negative, on a substantial
number of small entities under the criteria of the Regulatory
Flexibility Act. A final evaluation has been prepared for this action
and it is contained in the Rules Docket. A copy of it may be obtained
from the Rules Docket at the location provided under the caption
ADDRESSES.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.
Adoption of the Amendment
Accordingly, pursuant to the authority delegated to me by the
Administrator, the Federal Aviation Administration amends part 39 of
the Federal Aviation Regulations (14 CFR part 39) as follows:
PART 39--AIRWORTHINESS DIRECTIVES
1. The authority citation for part 39 continues to read as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701.
Sec. 39.13 [Amended]
2. Section 39.13 is amended by adding the following new
airworthiness directive:
96-11-05 Airbus Industrie: Amendment 39-9630. Docket 95-NM-85-AD.
Applicability: Model A300, A300-600, and A310 series airplanes;
as listed in Airbus Industrie Service Bulletins A300-54-0073, A300-
54-6014, and A310-54-2017, all Revision 1, all dated March 28, 1994;
certificated in any category.
Note 1: This AD applies to each airplane identified in the
preceding applicability provision, regardless of whether it has been
modified, altered, or repaired in the area subject to the
requirements of this AD. For airplanes that have been modified,
altered, or repaired so that the performance of the requirements of
this AD is affected, the owner/operator must request approval for an
alternative method of compliance in accordance with paragraph (k) of
this AD. The request should include an assessment of the effect of
the modification, alteration, or repair on the unsafe condition
addressed by this AD; and, if the unsafe condition has not been
eliminated, the request should include specific proposed actions to
address it.
Compliance: Required as indicated, unless accomplished
previously.
To prevent reduced structural integrity of the lower spar,
accomplish the following:
(a) For Model A300 series airplanes equipped with General
Electric CF6-50C engines, and having pylons that have not been
modified in accordance with Airbus Industrie Service Bulletin A300-
54-0080, Revision 1, dated January 16, 1995: Prior to the
accumulation of 10,900 total landings, or within 500 landings after
the effective date of this AD, whichever occurs later, perform an
internal eddy current inspection to detect cracks in the lower spar
axis of the pylons between ribs 6 and 7, in accordance with Airbus
Industrie Service Bulletin A300-54-0073, Revision 1, dated March 28,
1994.
(1) If no crack is found, repeat the inspection thereafter at
intervals not to exceed 6,700 landings.
(2) If any crack is found that is less than 35 mm, prior to
further flight, stop-drill the crack in accordance with the
procedures specified in Section 51-41-10 of the Structural Repair
Manual (SRM). Thereafter, prior to the accumulation of 250 landings
after crack discovery, repair in accordance with the service
bulletin. Prior to the accumulation of 17,900 landings after
accomplishing the repair, perform an eddy current inspection to
detect cracks at the stiffener ends, ribs 6 and 7, at the edge of
the holes made during the repair and on the fasteners located at the
edge of the doubler, in accordance with the service bulletin.
[[Page 26093]]
(i) If no crack is found, repeat the inspection required by
paragraph (a)(2) of this AD thereafter at intervals not to exceed
15,000 landings.
(ii) If any crack is found, prior to further flight, repair in
accordance with a method approved by the Manager, Standardization
Branch, ANM-113, FAA, Transport Airplane Directorate.
(3) If any crack is found that is greater than or equal to 35
mm, prior to further flight, repair in accordance with a method
approved by the Manager, Standardization Branch, ANM-113.
(b) For Model A300 series airplanes equipped with General
Electric CF6-50C engines, and having pylons that have been modified
in accordance with Airbus Industrie Service Bulletin A300-54-0080,
Revision 1, dated January 16, 1995: Prior to the accumulation of
30,300 landings since installation of the modification, or within
500 landings after the effective date of this AD, whichever occurs
later, perform an eddy current inspection to detect cracks in the
lower spar axis of the pylons between ribs 6 and 7, in accordance
with Airbus Industrie Service Bulletin A300-54-0073, Revision 1,
dated March 28, 1994.
(1) If no crack is found, repeat the eddy current inspection
thereafter at intervals not to exceed 21,300 landings.
(2) If any crack is found, prior to further flight, repair in
accordance with a method approved by the Manager, Standardization
Branch, ANM-113.
(c) For Model A300 series airplanes equipped with Pratt &
Whitney JT9D-59A engines, and having pylons that have not been
modified in accordance with Airbus Industrie Service Bulletin A300-
54-0080, Revision 1, dated January 16, 1995: Prior to the
accumulation of 8,600 total landings, or within 500 landings after
the effective date of this AD, whichever occurs later, perform an
internal eddy current inspection to detect cracks in the lower spar
axis of the pylons between ribs 6 and 7, in accordance with Airbus
Industrie Service Bulletin A300-54-0073, Revision 1, dated March 28,
1994.
(1) If no crack is found, repeat the inspection thereafter at
intervals not to exceed 5,700 landings.
(2) If any crack is found that is less than 35 mm, prior to
further flight, stop-drill the crack in accordance with the
procedures specified in Section 51-41-10 of the SRM. Thereafter,
prior to the accumulation of 250 landings after crack discovery,
repair in accordance with the service bulletin. Prior to the
accumulation of 14,200 landings after accomplishing the repair,
perform an eddy current inspection to detect cracks at the stiffener
ends, ribs 6 and 7, at the edge of the holes made during the repair
and on the fasteners located at the edge of the doubler, in
accordance with the service bulletin.
(i) If no crack is found, repeat the inspection required by
paragraph (c)(2) of this AD thereafter at intervals not to exceed
12,800 landings.
(ii) If any crack is found, prior to further flight, repair in
accordance with a method approved by the Manager, Standardization
Branch, ANM-113.
(3) If any crack is found that is greater than or equal to 35
mm, prior to further flight, repair in accordance with a method
approved by the Manager, Standardization Branch, ANM-113. -
(d) For Model A300 series airplanes equipped with Pratt &
Whitney JT9D-59A engines, and having pylons that have been modified
in accordance with Airbus Industrie Service Bulletin A300-54-0080,
Revision 1, dated January 16, 1995: Prior to the accumulation of
24,000 landings since installation of the modification, or within
500 landings after the effective date of this AD, whichever occurs
later, perform an eddy current inspection to detect cracks in the
lower spar axis of the pylons between ribs 6 and 7, in accordance
with Airbus Industrie Service Bulletin A300-54-0073, Revision 1,
dated March 28, 1994.
(1) If no crack is found, repeat the eddy current inspection
thereafter at intervals not to exceed 18,200 landings.
(2) If any crack is found, prior to further flight, repair in
accordance with a method approved by the Manager, Standardization
Branch, ANM-113.
(e) For Model A300-600 series airplanes equipped with General
Electric CF6-80C2 engines, and having pylons that have not been
modified in accordance with Airbus Industrie Service Bulletin A300-
54-6020, dated February 22, 1994: Prior to the accumulation of 9,400
total landings, or within 500 landings after the effective date of
this AD, whichever occurs later, perform an internal eddy current
inspection to detect cracks in the lower spar axis of the pylons
between ribs 6 and 7, in accordance with Airbus Industrie Service
Bulletin A300-54-6014, Revision 1, dated March 28, 1994.
(1) If no crack is found, repeat the inspection thereafter at
intervals not to exceed 6,100 landings.
(2) If any crack is found that is less than or equal to 35 mm,
prior to further flight, stop-drill the crack in accordance with the
procedures specified in Section 51-41-10 of the SRM. Thereafter,
prior to the accumulation of 250 landings after crack discovery,
repair in accordance with the service bulletin. Prior to the
accumulation of 15,600 landings after accomplishing the repair,
perform an eddy current inspection to detect cracks at the stiffener
ends, ribs 6 and 7, at the edge of the holes made during the repair
and on the fasteners located at the edge of the doubler, in
accordance with the service bulletin.
(i) If no crack is found, repeat the inspection required by
paragraph (e)(2) of this AD thereafter at intervals not to exceed
13,600 landings.
(ii) If any crack is found, prior to further flight, repair in
accordance with a method approved by the Manager, Standardization
Branch, ANM-113.
(3) If any crack is found that is greater than or equal to 35
mm, prior to further flight, repair in accordance with a method
approved by the Manager, Standardization Branch, ANM-113.
(f) For Model A300-600 series airplanes equipped with General
Electric CF6-80C2 engines, and having pylons that have been modified
in accordance with Airbus Industrie Service Bulletin A300-54-6020,
dated February 22, 1994: Prior to the accumulation of 26,400
landings since installation of the modification, or within 500
landings after the effective date of this AD, whichever occurs
later, perform an eddy current inspection to detect cracks in the
lower spar axis of the pylons between ribs 6 and 7, in accordance
with Airbus Industrie Service Bulletin A300-54-6014, Revision 1,
dated March 28, 1994.
(1) If no crack is found, repeat the eddy current inspection
thereafter at intervals not to exceed 19,400 landings.
(2) If any crack is found, prior to further flight, repair in
accordance with a method approved by the Manager, Standardization
Branch, ANM-113.
(g) For Model A300-600 series airplanes equipped with Pratt &
Whitney JT9D-7R4 or PW 4000 engines, and having pylons that have not
been modified in accordance with Airbus Industrie Service Bulletin
A300-54-6020, dated February 22, 1994: Prior to the accumulation of
5,700 total landings, or within 500 landings after the effective
date of this AD, whichever occurs later, perform an internal eddy
current inspection to detect cracks in the lower spar axis of the
pylons between ribs 6 and 7, in accordance with Airbus Industrie
Service Bulletin A300-54-6014, Revision 1, dated March 28, 1994.
(1) If no crack is found, repeat the inspection thereafter at
intervals not to exceed 4,400 landings.
(2) If any crack is found that is less than 35 mm, prior to
further flight, stop-drill the crack in accordance with the
procedures specified in Section 51-41-10 of the SRM. Thereafter,
prior to the accumulation of 250 landings after crack discovery,
repair in accordance with the service bulletin. Prior to the
accumulation of 10,100 landings after accomplishing the repair,
perform an eddy current inspection to detect cracks at the stiffener
ends, ribs 6 and 7, at the edge of the holes made during the repair
and on the fasteners located at the edge of the doubler, in
accordance with the service bulletin.
(i) If no crack is found, repeat the inspection required by
paragraph (g)(2) of this AD thereafter at intervals not to exceed
10,000 landings.
(ii) If any crack is found, prior to further flight, repair in
accordance with a method approved by the Manager, Standardization
Branch, ANM-113.
(3) If any crack is found that is greater than or equal to 35
mm, prior to further flight, repair in accordance with a method
approved by the Manager, Standardization Branch, ANM-113.
(h) For Model A300-600 series airplanes equipped with Pratt &
Whitney JT9D-7R4 or PW 4000 engines, and having pylons that have
been modified in accordance with Airbus Industrie Service Bulletin
A300-54-6020, dated February 22, 1994: Prior to the accumulation of
17,000 landings since installation of the modification, or within
500 landings after the effective date of this AD, whichever occurs
later, perform an eddy current inspection to detect cracks in the
lower spar axis of the pylons between ribs 6 and 7, in accordance
with Airbus Industrie Service Bulletin A300-54-6014, Revision 1,
dated March 28, 1994.
[[Page 26094]]
(1) If no crack is found, repeat the eddy current inspection
thereafter at intervals not to exceed 14,500 landings.
(2) If any crack is found, prior to further flight, repair in
accordance with a method approved by the Manager, Standardization
Branch, ANM-113.
(i) For Model A310 series airplanes equipped with General
Electric CF6-80C2, or Pratt & Whitney JT9D-7R4, or Pratt & Whitney
PW4000 engines: Prior to the accumulation of 36,700 total landings,
or within 500 landings after the effective date of this AD,
whichever occurs later, perform an internal eddy current inspection
to detect cracks in the lower spar axis of the pylons between ribs 6
and 7, in accordance with Airbus Industrie Service Bulletin A310-54-
2017, Revision 1, dated March 28, 1994.
(1) If no crack is found, repeat the inspection thereafter at
intervals not to exceed 15,000 landings.
(2) If any crack is found that is less than 35 mm, prior to
further flight, stop-drill the crack in accordance with the
procedures specified in Section 51-41-10 of the SRM. Thereafter,
prior to the accumulation of 250 landings after crack discovery,
repair in accordance with the service bulletin. Prior to the
accumulation of 40,000 landings after accomplishing the repair,
perform an eddy current inspection to detect cracks at the stiffener
ends, ribs 6 and 7, at the edge of the holes made during the repair
and on the fasteners located at the edge of the doubler, in
accordance with the service bulletin.
(i) If no crack is found, repeat the inspection required by
paragraph (i)(2) of this AD thereafter at intervals not to exceed
33,000 landings.
(ii) If any crack is found, prior to further flight, repair in
accordance with a method approved by the Manager, Standardization
Branch, ANM-113.
(3) If any crack is found that is greater than or equal to 35
mm, prior to further flight, repair in accordance with a method
approved by the Manager, Standardization Branch, ANM-113.
(j) For Model A310 series airplanes equipped with General
Electric CF6-80C2, or Pratt & Whitney JT9D-7R4, or Pratt & Whitney
PW4000 engines: Accomplishment of the modification specified in
Airbus Industrie Service Bulletin A310-54-2023, dated October 15,
1993, constitutes terminating action for the inspections required by
paragraph (i) of this AD.
(k) An alternative method of compliance or adjustment of the
compliance time that provides an acceptable level of safety may be
used if approved by the Manager, Standardization Branch, ANM-113.
Operators shall submit their requests through an appropriate FAA
Principal Maintenance Inspector, who may add comments and then send
it to the Manager, Standardization Branch, ANM-113.
Note 2: Information concerning the existence of approved
alternative methods of compliance with this AD, if any, may be
obtained from the Standardization Branch, ANM-113.
(l) Special flight permits may be issued in accordance with
sections 21.197 and 21.199 of the Federal Aviation Regulations (14
CFR 21.197 and 21.199) to operate the airplane to a location where
the requirements of this AD can be accomplished.
(m) The actions shall be done in accordance with the following
Airbus Industrie service bulletins, which contain the specified
effective pages:
----------------------------------------------------------------------------------------------------------------
Service bulletin referenced and Revision level shown on
date Page No.- page Date shown on page
----------------------------------------------------------------------------------------------------------------
A300-54-0073, Revision 1, March 1,5.......................... 1...................... Mar. 28, 1994.
28, 1994.
2-4, 6-36.................... Original............... Oct. 15, 1993.
A300-54-6014, Revision 1, March 1-4, 13...................... 1...................... Mar. 28, 1994.
28, 1994.
5-12, 14-44.................. Original............... Oct. 15, 1993.
A310-54-2017, Revision 1, March 1, 5,........................ 1...................... Mar. 28, 1994.
28, 1994.
2-4, 6-48.................... Original............... Oct. 15, 1993.
A310-54-2023, October 15, 1993. 1-38......................... Original............... Oct. 15, 1993.
----------------------------------------------------------------------------------------------------------------
This incorporation by reference was approved by the Director of the
Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part
51. Copies may be obtained from Airbus Industrie, 1 Rond Point
Maurice Bellonte, 31707 Blagnac Cedex, France. Copies may be
inspected at the FAA, Transport Airplane Directorate, 1601 Lind
Avenue, SW., Renton, Washington; or at the Office of the Federal
Register, 800 North Capitol Street, NW., suite 700, Washington, DC.
(n) This amendment becomes effective on June 28, 1996.
Issued in Renton, Washington, on May 15, 1996.
S.R. Miller,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 96-12731 Filed 5-23-96; 8:45 am]
BILLING CODE 4910-13-U
Complete official Federal Register PDF
FR Doc. 96-12730 Airworthiness Directives; Learjet Model 31 and 35A Airplanes
[Federal Register Volume 61, Number 102 (Friday, May 24, 1996)]
[Rules and Regulations]
[Pages 26090-26091]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-12730]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
14 CFR Part 39
[Docket No. 95-NM-197-AD; Amendment 39-9632; AD 96-11-07]
RIN 2120-AA64
Airworthiness Directives; Learjet Model 31 and 35A Airplanes
AGENCY: Federal Aviation Administration, DOT.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This amendment adopts a new airworthiness directive (AD),
applicable to certain Learjet Model 31 and 35A airplanes, that requires
replacement of two segments of 16 American Wire Gauge (AWG) wire with 8
AWG wire at the connector that is connected to the auxiliary cabin
heater relay box. This amendment is prompted by a report that two
segments of the 16 AWG wire in the auxiliary cabin heater that were
spliced during production do not provide adequate current-carrying
capacity. The actions specified by this AD are intended to prevent
electrical arcing and a subsequent fire hazard that could result from
wiring with inadequate current-carrying capacity.
DATES: Effective June 28, 1996.
The incorporation by reference of certain publications listed in
the regulations is approved by the Director of the Federal Register as
of June 28, 1996.
ADDRESSES: The service information referenced in this AD may be
obtained from Learjet, Inc., One Learjet Way, Wichita, Kansas 67209-
2942. This information may be examined at the Federal Aviation
Administration (FAA), Transport Airplane Directorate, Rules Docket,
1601 Lind Avenue, SW., Renton, Washington; or at the FAA, Wichita
Aircraft Certification Office, Small Airplane Directorate, 1801 Airport
Road, Room 100, Mid-Continent Airport, Wichita, Kansas; or at the
Office of the Federal Register, 800 North Capitol Street, NW., suite
700, Washington, DC.
FOR FURTHER INFORMATION CONTACT: Dale Bleakney, Aerospace Engineer,
Flight Test Branch, ACE-117W, FAA, Small Airplane Directorate, Wichita
Aircraft Certification Office, 1801 Airport Road, Room 100, Mid-
Continent Airport, Wichita, Kansas; telephone (316) 946-4135; fax (316)
946-4407.
SUPPLEMENTARY INFORMATION: A proposal to amend part 39 of the Federal
Aviation Regulations (14 CFR part 39) to include an airworthiness
directive (AD) that is applicable to certain Learjet Model 31 and 35A
airplanes was published in the Federal Register on March 7, 1996 (61 FR
9119). That action proposed to require replacement of two segments of
16 AWG wire with 8 AWG wire at the P190 connector that is connected to
the E33 auxiliary cabin heater relay box.
Interested persons have been afforded an opportunity to participate
in the making of this amendment. No comments were submitted in response
to the proposal or the FAA's determination of the cost to the public.
Conclusion
The FAA has determined that air safety and the public interest
require the adoption of the rule as proposed.
Cost Impact
There are approximately 52 Learjet Model 31 and 35A airplanes of
the affected design in the worldwide fleet. The FAA estimates that 44
airplanes of U.S. registry will be affected by this AD, that it will
take approximately 4 work hours per airplane to accomplish the required
actions, and that the average labor rate is $60 per work hour. Required
parts will be supplied by the manufacturer at no cost to the operators.
Based on these figures, the cost impact of the AD on U.S. operators is
estimated to be $10,560, or $240 per airplane.
The cost impact figure discussed above is based on assumptions that
no operator has yet accomplished any of the requirements of this AD
action, and that no operator would accomplish those actions in the
future if this AD were not adopted.
Regulatory Impact
The regulations adopted herein will not have substantial direct
effects on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various
[[Page 26091]]
levels of government. Therefore, in accordance with Executive Order
12612, it is determined that this final rule does not have sufficient
federalism implications to warrant the preparation of a Federalism
Assessment.
For the reasons discussed above, I certify that this action (1) is
not a ``significant regulatory action'' under Executive Order 12866;
(2) is not a ``significant rule'' under DOT Regulatory Policies and
Procedures (44 FR 11034, February 26, 1979); and (3) will not have a
significant economic impact, positive or negative, on a substantial
number of small entities under the criteria of the Regulatory
Flexibility Act. A final evaluation has been prepared for this action
and it is contained in the Rules Docket. A copy of it may be obtained
from the Rules Docket at the location provided under the caption
ADDRESSES.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.
Adoption of the Amendment
Accordingly, pursuant to the authority delegated to me by the
Administrator, the Federal Aviation Administration amends part 39 of
the Federal Aviation Regulations (14 CFR part 39) as follows:
PART 39--AIRWORTHINESS DIRECTIVES
1. The authority citation for part 39 continues to read as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701.
Sec. 39.13 [Amended]
2. Section 39.13 is amended by adding the following new
airworthiness directive:
96-11-07 Learjet, Inc.: Amendment 39-9632. Docket 95-NM-197-AD.
Applicability: Model 31 airplanes having serial numbers 31-002
through 31-029 inclusive, and Model 35A airplanes having serial
numbers 35-647 through 35-670 inclusive; certificated in any
category.
Note 1: This AD applies to each airplane identified in the
preceding applicability provision, regardless of whether it has been
modified, altered, or repaired in the area subject to the
requirements of this AD. For airplanes that have been modified,
altered, or repaired so that the performance of the requirements of
this AD is affected, the owner/operator must request approval for an
alternative method of compliance in accordance with paragraph (b) of
this AD. The request should include an assessment of the effect of
the modification, alteration, or repair on the unsafe condition
addressed by this AD; and, if the unsafe condition has not been
eliminated, the request should include specific proposed actions to
address it.
Compliance: Required as indicated, unless accomplished
previously.
To prevent electrical arcing and subsequent fire hazard,
accomplish the following:
(a) Within 6 months after the effective date of this AD, replace
two segments of 16 American Wire Gauge (AWG) wire with 8 AWG wire at
the P190 connector that is connected to the E33 auxiliary cabin
heater relay box, in accordance with Learjet Service Bulletin SB 31-
21-10, dated August 11, 1995 (for Model 31 airplanes), or Learjet
Service Bulletin SB 35-21-24, dated August 11, 1995 (for Model 35A
airplanes), as applicable.
(b) An alternative method of compliance or adjustment of the
compliance time that provides an acceptable level of safety may be
used if approved by the Manager, Wichita Aircraft Certification
Office (ACO), FAA, Small Airplane Directorate. Operators shall
submit their requests through an appropriate FAA Principal
Maintenance Inspector, who may add comments and then send it to the
Manager, Wichita ACO.
Note 2: Information concerning the existence of approved
alternative methods of compliance with this AD, if any, may be
obtained from the Wichita ACO.
(c) Special flight permits may be issued in accordance with
sections 21.197 and 21.199 of the Federal Aviation Regulations (14
CFR 21.197 and 21.199) to operate the airplane to a location where
the requirements of this AD can be accomplished.
(d) The replacement shall be done in accordance with Learjet
Service Bulletin SB 31-21-10, dated August 11, 1995, or Learjet
Service Bulletin SB 35-21-24, dated August 11, 1995, as applicable.
This incorporation by reference was approved by the Director of the
Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part
51. Copies may be obtained from Learjet, Inc., One Learjet Way,
Wichita, Kansas 67209-2942. Copies may be inspected at the FAA,
Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton,
Washington; or at the FAA, Wichita Aircraft Certification Office,
Small Airplane Directorate, 1801 Airport Road, Room 100, Mid-
Continent Airport, Wichita, Kansas; or at the Office of the Federal
Register, 800 North Capitol Street, NW., suite 700, Washington, DC.
(e) This amendment becomes effective on June 28, 1996.
Issued in Renton, Washington, on May 15, 1996.
S.R. Miller,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 96-12730 Filed 5-23-96; 8:45 am]
BILLING CODE 4910-13-U
Complete official Federal Register PDF
FR Doc. 96-12729 Airworthiness Directives; de Havilland Model DHC-7 Series Airplanes
[Federal Register Volume 61, Number 102 (Friday, May 24, 1996)]
[Rules and Regulations]
[Pages 26088-26090]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-12729]
=======================================================================
-----------------------------------------------------------------------
[[Page 26089]]
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. 95-NM-110-AD; Amendment 39-9631; AD 96-11-06]
RIN 2120-AA64
Airworthiness Directives; de Havilland Model DHC-7 Series
Airplanes
AGENCY: Federal Aviation Administration, DOT.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This amendment adopts a new airworthiness directive (AD),
applicable to certain de Havilland Model DHC-7 series airplanes, that
requires modification of the emergency lights circuitry. This amendment
is prompted by reports of the emergency lights turning on inadvertently
due to voltage spikes from other equipment; and reports that the
existing emergency light switch arrangement allows the flight
compartment and flight attendant's panel switches to override each
other. The actions specified by this AD are intended to prevent such
failures of the emergency light systems, which could prevent the use of
the emergency lights in the event of an emergency.
DATES: Effective June 28, 1996.
The incorporation by reference of certain publications listed in
the regulations is approved by the Director of the Federal Register as
of June 28, 1996.
ADDRESSES: The service information referenced in this AD may be
obtained from Bombardier, Inc., Bombardier Regional Aircraft Division,
Garratt Boulevard, Downsview, Ontario M3K 1Y5, Canada. This information
may be examined at the Federal Aviation Administration (FAA), Transport
Airplane Directorate, Rules Docket, 1601 Lind Avenue, SW., Renton,
Washington; or at the FAA, Engine and Propeller Directorate, New York
Aircraft Certification Office, 10 Fifth Street, Third Floor, Valley
Stream, New York; or at the Office of the Federal Register, 800 North
Capitol Street, NW., suite 700, Washington, DC.
FOR FURTHER INFORMATION CONTACT: Wing Chan, Aerospace Engineer, Systems
and Flight Test Branch, ANE-172, FAA, Engine and Propeller Directorate,
New York Aircraft Certification Office, 10 Fifth Street, Third Floor,
Valley Stream, New York 11581; telephone (516) 256-7511; fax (516) 568-
2716.
SUPPLEMENTARY INFORMATION: A proposal to amend part 39 of the Federal
Aviation Regulations (14 CFR part 39) to include an airworthiness
directive (AD) that is applicable to certain de Havilland Model DHC-7
series airplanes was published in the Federal Register on January 9,
1996 (61 FR 636). That action proposed to require modification of the
emergency lights circuitry.
Interested persons have been afforded an opportunity to participate
in the making of this amendment. Due consideration has been given to
the comments received.
Support for the Proposal
Two commenters support the proposed rule.
Request To Include an Additional Modification Requirement
One commenter requests that proposed rule be revised to include a
requirement to install Modification 7/2622. This modification is
described in de Havilland Service Bulletin 7-33-23 and also affects the
emergency lighting system. The commenter mentions that this
modification is mandated by Canadian airworthiness directive CF 95-03.
The commenter states that, by including a requirement in the proposal
to install Modification 7/2622, safety would be enhanced and
unnecessary requests for alternate means of compliance would be
avoided.
The FAA does not concur with the commenter's request to revise this
AD action to require installation of Modification 7/2622. The FAA finds
that, although the unsafe condition that prompted the Transport Canada
airworthiness action to mandate that modification concerns the failure
of the emergency lighting systems, the cause of that failure is
different from the causes of failure addressed in this AD.
Additionally, the modification affects some airplanes other than those
identified in the applicability of this AD.
However, the FAA is considering separate rulemaking action to
address the installation of Modification 7/2622 on applicable
airplanes.
Conclusion
After careful review of the available data, including the comments
noted above, the FAA has determined that air safety and the public
interest require the adoption of the rule as proposed.
Cost Impact
The FAA estimates that 14 airplanes of U.S. registry will be
affected by this AD, that it will take approximately 8 work hours per
airplane to accomplish the required actions, and that the average labor
rate is $60 per work hour. Required parts will be provided at no cost
to the operators. Based on these figures, the cost impact of the AD on
U.S. operators is estimated to be $6,720, or $480 per airplane.
The cost impact figure discussed above is based on assumptions that
no operator has yet accomplished any of the requirements of this AD
action, and that no operator would accomplish those actions in the
future if this AD were not adopted.
Regulatory Impact
The regulations adopted herein will not have substantial direct
effects on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government. Therefore, in
accordance with Executive Order 12612, it is determined that this final
rule does not have sufficient federalism implications to warrant the
preparation of a Federalism Assessment.
For the reasons discussed above, I certify that this action (1) is
not a ``significant regulatory action'' under Executive Order 12866;
(2) is not a ``significant rule'' under DOT Regulatory Policies and
Procedures (44 FR 11034, February 26, 1979); and (3) will not have a
significant economic impact, positive or negative, on a substantial
number of small entities under the criteria of the Regulatory
Flexibility Act. A final evaluation has been prepared for this action
and it is contained in the Rules Docket. A copy of it may be obtained
from the Rules Docket at the location provided under the caption
ADDRESSES.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.
Adoption of the Amendment
Accordingly, pursuant to the authority delegated to me by the
Administrator, the Federal Aviation Administration amends part 39 of
the Federal Aviation Regulations (14 CFR part 39) as follows:
PART 39--AIRWORTHINESS DIRECTIVES
1. The authority citation for part 39 continues to read as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701.
[[Page 26090]]
Sec. 39.13 [Amended]
2. Section 39.13 is amended by adding the following new
airworthiness directive:
96-11-06 De Havilland, Inc.: Amendment 39-9631. Docket 95-NM-110-
AD.
Applicability: Model DHC-7 series airplanes, serial numbers 3
through 27 inclusive, on which de Havilland Modification No. 7/1697
has not been installed; certificated in any category.
Note 1: This AD applies to each airplane identified in the
preceding applicability provision, regardless of whether it has been
otherwise modified, altered, or repaired in the area subject to the
requirements of this AD. For airplanes that have been modified,
altered, or repaired so that the performance of the requirements of
this AD is affected, the owner/operator must request approval for an
alternative method of compliance in accordance with paragraph (c) of
this AD. The request should include an assessment of the effect of
the modification, alteration, or repair on the unsafe condition
addressed by this AD; and, if the unsafe condition has not been
eliminated, the request should include specific proposed actions to
address it.
Compliance: Required as indicated, unless accomplished
previously. -
To prevent failure of the emergency lighting system due to
voltage spikes from other equipment or due to inadvertent override
of the emergency lighting switches, accomplish the following:
(a) Within 6 months after the effective date of this AD, modify
the emergency lights circuitry by accomplishing de Havilland
Modification No. 7/1697 (Emergency Lights- Revised Switching Logic),
in accordance with the Accomplishment Instructions of de Havilland
Service Bulletin No. 7-33-7, dated October 17, 1980.
(b) As of the effective date of this AD, no person shall install
an emergency light switch, part number MS24659-21A, on any airplane
subject to this AD.
(c) An alternative method of compliance or adjustment of the
compliance time that provides an acceptable level of safety may be
used if approved by the Manager, New York Aircraft Certification
Office (ACO), FAA, Engine and Propeller Directorate. Operators shall
submit their requests through an appropriate FAA Principal
Maintenance Inspector, who may add comments and then send it to the
Manager, New York ACO.
Note 2: Information concerning the existence of approved
alternative methods of compliance with this AD, if any, may be
obtained from the New York ACO.
(d) Special flight permits may be issued in accordance with
sections 21.197 and 21.199 of the Federal Aviation Regulations (14
CFR 21.197 and 21.199) to operate the airplane to a location where
the requirements of this AD can be accomplished.
(e) The modification shall be done in accordance with de
Havilland Service Bulletin No. 7-33-7, dated October 17, 1980. This
incorporation by reference was approved by the Director of the
Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part
51. Copies may be obtained from Bombardier, Inc., Bombardier
Regional Aircraft Division, Garratt Boulevard, Downsview, Ontario
M3K 1Y5, Canada. Copies may be inspected at the FAA, Transport
Airplane Directorate, 1601 Lind Avenue, SW., Renton, Washington; or
at the FAA, New York Aircraft Certification Office, Engine and
Propeller Directorate, 10 Fifth Street, Third Floor, , Valley
Stream, New York 11581; or at the Office of the Federal Register,
800 North Capitol Street, NW., suite 700, Washington, DC.
(f) This amendment becomes effective on June 28, 1996.
Issued in Renton, Washington, on May 15, 1996.
S.R. Miller,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 96-12729 Filed 5-23-96; 8:45 am]
BILLING CODE 4910-13-U
Complete official Federal Register PDF
FR Doc. 96-12647 Endangered and Threatened Wildlife and Plants; Final Designation of Critical Habitat for the Marbled Murrelet
[Federal Register Volume 61, Number 102 (Friday, May 24, 1996)]
[Rules and Regulations]
[Pages 26256-26320]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-12647]
[[Page 26255]]
_______________________________________________________________________
Part II
Department of the Interior
_______________________________________________________________________
Fish and Wildlife Service
_______________________________________________________________________
50 CFR Part 17
Endangered and Threatened Wildlife and Plants; Final Designation of
Critical Habitat for the Marbled Murrelet; Final Rule
Federal Register / Vol. 61, No. 102 / Friday, May 24, 1996 / Rules
and Regulations
[[Page 26256]]
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
RIN 1018-AC33
Endangered and Threatened Wildlife and Plants; Final Designation
of Critical Habitat for the Marbled Murrelet
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The U.S. Fish and Wildlife Service originally proposed to
designate critical habitat for the marbled murrelet (Brachyramphus
marmoratus marmoratus) in Washington, Oregon, and California on January
27, 1994 (59 FR 3811). Based on comments received on the original
proposal and additional information, the Service published a
supplemental proposed designation of critical habitat for the marbled
murrelet on August 10, 1995 (60 FR 40892).
The marbled murrelet is listed as a threatened species under the
Endangered Species Act (Act). It is a small seabird of the Alcidae
family that forages in the near-shore marine environment and nests in
large trees in coniferous forests. Located primarily on Federal land,
and to a lesser extent on State, county, city, and private lands, this
final critical habitat rule would provide additional protection
requirements under section 7 of the Act with regard to activities that
are funded, authorized, or carried out by a Federal agency. Section 4
of the Act requires the Service to designate critical habitat for
listed species on the basis of the best scientific information
available and to consider the economic and other relevant impacts of
including particular areas in the designation.
EFFECTIVE DATE: June 24, 1996.
ADDRESSES: The complete file for this rule is available at the U.S.
Fish and Wildlife Service, Oregon State Office, 2600 S.E. 98th Avenue,
Suite 100, Portland, Oregon 97266. The file for this rule will be
available for public inspection, by appointment, during normal business
hours at the above address.
FOR FURTHER INFORMATION CONTACT: Mr. Russell D. Peterson, State
Supervisor, U.S. Fish and Wildlife Service, see ADDRESSES section or
telephone 503-231-6179 or FAX 503-231-6195.
SUPPLEMENTARY INFORMATION:
Background
Previous Federal Actions
On January 15, 1988, the U.S. Fish and Wildlife Service (Service)
received a petition to list the North American subspecies of the
marbled murrelet (Brachyramphus marmoratus marmoratus) in Washington,
Oregon, and California as a threatened species under the Endangered
Species Act. On October 17, 1988, the Service published a finding that
the petition had presented substantial information to indicate that the
requested action may be warranted (53 FR 40479). Because of the
increased research effort and new information available, the status
review period was reopened, with the concurrence of the petitioners,
from March 5, 1990, through May 31, 1990 (55 FR 4913).
On June 20, 1991, the Service published a proposal to list the
marbled murrelet in Washington, Oregon, and California as a threatened
species (56 FR 28362). The comment period was reopened for 30 days on
January 30, 1992, to gather the most updated information about the
species (57 FR 3804). On October 1, 1992, following an order by the
U.S. District Court for the Western District of Washington denying a 6-
month extension, the Service published the final rule listing the
marbled murrelet in Washington, Oregon, and California as a threatened
species (57 FR 45328). In February 1993, the Service appointed a
Recovery Team to develop a recovery plan for the marbled murrelet.
On November 2, 1993, the U.S. District Court for the Western
District of Washington granted a motion by the plaintiffs in Marbled
Murrelet v. Babbitt to compel a proposed designation of critical
habitat. In the ruling, the court ordered the Secretary of the Interior
to propose designating critical habitat for the marbled murrelet no
later than January 21, 1994, and to make a final designation of
critical habitat as soon as reasonably possible under applicable law.
On January 27, 1994, the Service published a proposed rule for the
designation of critical habitat for the marbled murrelet (59 FR 3811).
Public comment was due by April 27, 1994. On March 14, 1994, the
Service received a request for a public hearing. To allow additional
comment, the public comment period was reopened for 30 days on May 9,
1994. The public hearing was conducted on May 24, 1994, in North Bend,
Oregon.
Based on comments received from the Marbled Murrelet Recovery Team,
other commenters, and additional information, the Service significantly
amended its proposed critical habitat designation and published a
supplemental proposed rule on August 10, 1995 (60 FR 40892). The
Service held five public hearings on the supplemental proposed rule in
Washington, Oregon, and California during the public comment period.
Public comment was accepted through October 10, 1995.
Based on the Service's interpretation of Public Law 104-6 as
prohibiting the expenditure of funds for making a final determination
of critical habitat, the record was closed and the comments archived at
the end of the public comment period. On February 29, 1996, Judge
Rothstein denied a motion to vacate her previous order on completion of
the designation of critical habitat and ordered the Service to complete
the final designation by May 15, 1996. This rule complies with that
order.
Ecological Considerations
The marbled murrelet is a small seabird of the Alcidae family. The
North American subspecies ranges from the Aleutian Archipelago in
Alaska, eastward to Cook Inlet, Kodiak Island, Kenai Peninsula and
Prince William Sound, south along the coast through the Alexander
Archipelago of Alaska, British Columbia, Washington, and Oregon to
central California. Some wintering birds are found in southern
California. A separate subspecies (Brachyramphus marmoratus perdix)
occurs in Asia. Though recent genetic analysis indicates that the two
subspecies may warrant full specific status (Friesen et al. 1994), a
status change has not yet been recognized.
Marbled murrelets spend most of their lives in the marine
environment where they feed primarily on small fish and invertebrates
in near-shore marine waters. They forage by pursuit diving in waters
generally up to 80 meters (260 feet) deep and 0.3 to 2 kilometers (0.2
to 1.2 miles) off-shore. Pairs are often seen diving simultaneously,
which researchers suggest may increase foraging efficiency (Strachan et
al. 1995). Courtship behaviors have been observed at sea although
copulation rarely has been witnessed. Marbled murrelets also aggregate,
loaf, preen, and exhibit wing-stretching behaviors on the water.
Marbled murrelets nest inland in Washington, Oregon, and
California, typically in large-diameter old-growth trees in low-
elevation forests with multi-layered canopies (Hamer and Nelson 1995b).
Marbled murrelets have been found occasionally on rivers and
[[Page 26257]]
inland lakes (Carter and Sealy 1986; Strachan et al. 1995).
Dispersal mechanisms are not well understood, however, social
interactions may play an important role. The presence of marbled
murrelets in a forest stand may attract other pairs to currently
unoccupied habitat within the vicinity. This may be one of the reasons
marbled murrelets have been observed in habitat not currently suitable
for nesting, but in close proximity to known nesting sites (Hamer and
Cummins 1990, Hamer et al. 1991, Suddjian 1995). Although marbled
murrelets appear to be solitary in their nesting habits, they are
frequently detected in groups in the forest (Nelson and Peck 1995;
USFWS 1995a). Two nests discovered in Washington during 1990 were
located within 46 meters (150 feet) of each other (Hamer and Cummins
1990), and two nests discovered in Oregon during 1994 were located
within 33 meters (100 feet) of each other (S. K. Nelson, Oregon
Cooperative Wildlife Research Unit, pers. comm. 1995). Therefore,
unoccupied habitat in the vicinity of occupied habitat may be more
important for recovering the species than suitable habitat isolated
from occupied habitat (USFWS 1995a). Similarly, murrelets are more
likely to discover newly developing habitat in proximity to occupied
sites.
Nesting occurs over an extended period from late March to late
September (Carter and Sealy 1987; Hamer and Nelson 1995b). During the
breeding period, the female marbled murrelet lays a single egg in a
tree containing a suitable nesting platform (e.g., large or forked
limbs, dwarf mistletoe (Arceuthobium spp.) infections, witches' brooms,
deformities, etc. (Hamer and Nelson 1995b). Both sexes incubate the egg
in alternating 24-hour shifts for approximately 30 days, and the young
fledge after an additional 27 to 40 days (Simons 1980; Hirsch et al.
1981; Singer et al. 1991; Hamer and Nelson 1995a; Nelson and Hamer
1995a). Adults feeding young fly from ocean feeding areas to nest sites
at all times of the day, but most often at dusk and dawn (Nelson and
Hamer 1995a). Chicks are fed at least once a day. The adults usually
carry only one fish at a time to the young (Hamer and Cummins 1991;
Singer et al. 1992; Nelson and Hamer 1995a). The young are semi-
precocial. Before leaving the nest, the young molt into a distinctive
juvenile plumage. A fledgling's first flight is from the nest directly
to the marine environment (Hamer and Cummins 1991).
Marbled murrelets have been observed at some inland sites during
all months of the year (Paton et al. 1987; Naslund 1993). Attendance at
breeding sites during the non-breeding season may enhance pair bond
maintenance, facilitate earlier breeding, or reinforce familiarity with
flight paths to breeding sites (Naslund and O'Donnell 1995; O'Donnell
et al. 1995).
With respect to critical habitat, the Service considered two
components of marbled murrelet habitat that are biologically
essential--(1) terrestrial nesting habitat and associated forest
stands, and (2) marine foraging habitat used during the breeding
season. Forested areas with conditions that support nesting marbled
murrelets are referred to as ``suitable nesting habitat.'' Marine areas
with conditions that support foraging marbled murrelets are referred to
as ``suitable foraging habitat.'' Because only terrestrial habitat is
being designated as critical habitat, the primary focus of this
description will be on the terrestrial environment.
Throughout the forested portion of the species' range, marbled
murrelets typically nest in forested areas containing characteristics
of older forests (Binford et al. 1975; Hamer and Cummins 1991; Quinlan
and Hughes 1990; Kuletz 1991; Singer et al. 1991, 1992; Hamer et al.
1994; Hamer and Nelson 1995b; Ralph et al. 1995a). The marbled murrelet
population in Washington, Oregon, and California nests in most of the
major types of coniferous forests in the western portions of these
states, wherever older forests remain inland of the coast. Although
marbled murrelet nesting habitat characteristics are somewhat variable
throughout the range of the species, some general habitat attributes
are characteristic throughout its range, including the presence of
nesting platforms, adequate canopy cover over the nest, landscape
condition, and distance to the marine environment.
Individual tree attributes that provide conditions suitable for
nesting include large branches (average of 32 centimeters (13 inches),
range of 10 to 81 centimeters (4 to 32 inches) in Washington, Oregon,
and California) or forked branches, deformities (e.g., broken tops),
dwarf mistletoe infections, witches' brooms, or other structures large
enough to provide a platform for a nesting adult murrelet (Hamer and
Cummins 1991; Singer et al. 1991, 1992; Hamer and Nelson 1995b). These
structures are typically found in old-growth and mature forests, but
may be found in a variety of forest types including younger forests
containing remnant large trees.
Northwestern forests and trees typically require 200 to 250 years
to attain the attributes necessary to support marbled murrelet nesting,
although characteristics of nesting habitat sometimes develop in
younger coastal redwood (Sequoia sempervirens) and western hemlock
(Tsuga heterophylla) forests. Forests with older residual trees
remaining from previous forest stands may also develop into nesting
habitat more quickly than those without residual trees. These remnant
attributes can be products of fire, wind storms, or previous logging
operations that did not remove all of the trees (Hansen et al. 1991;
McComb et al. 1993). Other factors that may affect the time required to
develop suitable nesting habitat characteristics include site
productivity and microclimate.
Through the 1995 nesting season, at least 95 active or previously
used tree nests had been located in North America, including 9 in
Washington, 41 in Oregon, and 12 in California (S. K. Nelson, pers.
comm. 1996; W. Ritchie, Washington Dept. of Fish and Wildlife, pers.
comm. 1996; Binford et al. 1975; Quinlan and Hughes 1990; Hamer and
Cummins 1990, 1991; Kuletz 1991; Singer et al. 1991, 1992; Hamer and
Nelson 1995b). All of the nests for which data are available in
Washington, Oregon, and California were in large trees that were more
than 81 centimeters (32 inches) diameter at breast height (dbh) (Hamer
and Nelson 1995b). Of the 37 nests for which data were available, 70
percent were on a moss substrate and 30 percent were on litter, such as
bark pieces, conifer needles, small twigs, or duff. Fifty-nine percent
of the nests were on large or deformed branches, 16 percent were on
forked limbs, 6 percent were on a limb where it attached to the tree
bole, 11 percent were on dwarf mistletoe, and 8 percent were on other
structures (Hamer and Nelson 1995b; T. Hamer, Hamer Environmental,
pers. comm. 1995).
More than 94 percent of the nests for which data were available
were in the top half of the nest trees, which may allow easy nest
access and provide shelter from potential predators and weather. Canopy
cover directly over the nests was typically high (average 84 percent;
range 5 to 100 percent) in Washington, Oregon, and California (Hamer
and Nelson 1995b; T. Hamer, pers. comm. 1995). This cover may provide
protection from predators and weather. Such canopy cover may be
provided by trees adjacent to the nest tree, and/or by the nest tree
itself. Canopy closure of the nest stand/site varied between 12 and 99
percent and averaged 48 percent (Hamer and Nelson 1995b; T. Hamer,
pers. comm. 1995).
[[Page 26258]]
Nests have been located in forested areas dominated by coastal
redwood, Douglas-fir (Pseudotsuga menziesii), mountain hemlock (Tsuga
mertensiana), Sitka spruce (Picea sitchensis), western hemlock, and
western redcedar (Thuja plicata) (Binford et al. 1975; Quinlan and
Hughes 1990; Hamer and Cummins 1991; Singer et al. 1991, 1992; Hamer
and Nelson 1995b). Individual nests in Washington, Oregon, and
California have been located in Douglas-fir, coastal redwood, western
hemlock, western redcedar, and Sitka spruce trees.
For nesting habitat to be accessible to marbled murrelets, it must
occur close enough to the marine environment for murrelets to fly back
and forth. The farthest inland distance for a known occupied site is 84
kilometers (52 miles) in Washington. The farthest known inland occupied
sites in Oregon and California are 61 and 56 kilometers (38 and 35
miles), respectively. Occupied sites are defined as forest stands where
marbled murrelets have been observed exhibiting behaviors associated
with nesting. Additionally, detections (not occupied sites) have been
documented farther inland in Oregon (S. K. Nelson, pers. comm. 1995)
and California.
Marbled murrelet nests are difficult to locate for several
reasons--(1) nests are generally located high in the canopy; (2) adults
and juveniles have cryptic plumage during most of the nesting season;
(3) adults are often (but not always) extremely quiet in the vicinity
of nests (Nelson and Peck 1995); and (4) adults may show activity near
the nest only once per day, usually under low light conditions.
Therefore, identification of occupied sites and suitable nesting
habitat are the best indicators of potential nest sites. Indicators of
occupied habitat include active nests; egg shell fragments; young found
on the forest floor; marbled murrelets seen flying through the forest
beneath the canopy, landing in trees, circling above the canopy, and
calling from a stationary perch; or large numbers of murrelets heard
calling from in and around a forest stand.
Inland, marbled murrelets are generally easier to detect at high-
use sites during the spring and late summer when breeding activities
peak (Paton and Ralph 1988; Nelson 1989). Inland detections of the
species are less frequent during the early fall when murrelets have
presumably completed breeding and are undergoing a flightless molt at
sea. Similarly, murrelets may be more difficult to detect in areas that
support low numbers of reproducing pairs, perhaps because birds
occurring in lower densities appear to be less vocal (Rodway et al.
1993; Dillingham et al. 1995).
Marbled murrelets spend most of their lives in the marine
environment where they consume a diversity of prey species. Areas that
support populations of prey species juxtaposed with nesting areas are
essential to maintaining successfully reproducing marbled murrelet
populations (Burkett 1995). Murrelets often aggregate near local food
concentrations, resulting in a clumped distribution in the marine
environment (Sealy and Carter 1984). Prey breeding areas (e.g., near-
shore kelp beds, sand or gravel beaches, sand banks, etc.) and areas
where prey may concentrate (e.g., near-shore upwellings, waters at the
mouths of bays and coastal rivers, eddies in the vicinity of headlands,
river mouths and associated plumes, and tidal rips, etc.) are likely
the most important features determining murrelet foraging opportunities
(Ainley et al. 1995; Hunt 1995). Human-caused disturbances (e.g.,
intense commercial or recreational fishing) may affect prey density or
accessibility.
Most of the information available about prey species of marbled
murrelets is from the Gulf of Alaska and British Columbia, and is
summarized by Burkett (1995). Marbled murrelets generally forage in
near-shore marine waters at distances of 0.3 to 2 kilometers (0.2 to
1.2 miles) from shore; however, they occur at distances up to 24
kilometers (14 miles) from shore in reduced numbers. Marine systems
producing sufficient prey to support marbled murrelets provide suitable
foraging habitat for the species.
Marbled murrelets have been reported feeding on a wide variety of
small fish and invertebrates, indicating their flexibility and
capability to use alternative prey sources. Prey include Pacific
sandlance (Ammodytes hexapterus), Pacific herring (Clupea harengus),
northern anchovy (Engraulis mordax), osmerids, sea perch (Cymatogaster
aggregata), euphausiids (Euphausia pacifica and Thysanoessa spinifera),
mysids (Neomysis spp.), and amphipods, among others (Sealy 1975; Sanger
1987; Sanger and Jones 1981; Carter and Sealy 1990; Strong et al. 1993;
Burkett 1995). Fish are an important component of the diet during the
summer, which coincides with the nestling and fledgling periods, while
euphausiids, mysids, and amphipods seem to be more important in the
winter and spring in some areas (Munro and Clemens 1931; Sealy 1975;
Krasnow and Sanger 1982; Sanger 1983, 1987; Carter 1984; Carter and
Sealy 1990; Vermeer 1992; Burkett 1995).
Prior to euroamerican settlement in the Pacific Northwest, nesting
habitat for the marbled murrelet was well-distributed, particularly in
the wetter portions of its range in Washington, Oregon, and California.
This habitat was generally found in large, contiguous blocks (Ripple
1994) as described under the Management Considerations section of this
rule. The Recovery Team and others (Ralph et al. 1995b) considered the
loss of nesting habitat to be one of the primary factors limiting
current population size from British Columbia to California.
Areas where marbled murrelets are concentrated at sea during the
breeding season are likely determined by a combination of terrestrial
and marine conditions. However, nesting habitat appears to be the most
important factor affecting marbled murrelet distribution and numbers.
Recent marine survey data confirm earlier conclusions (60 FR 40892)
that marine observations of murrelets during the nesting season
generally correspond to the largest remaining blocks of suitable forest
nesting habitat (Nelson et al. 1992; Ralph et al. 1995b; Ralph and
Miller 1995; Strong 1995; Varoujean et al. 1994). For example, suitable
nesting habitat data from aggregated GIS databases (S. Holzman, U.S.
Fish and Wildlife Service, pers. comm. 1996) were overlain on the
aerial survey data provided by Varoujean et al. (1994) and the boat
survey data provided by Strong (1995). Highest densities of murrelets
seen in 1992, 1993, 1994, and 1995 closely corresponded with the
presence of large blocks of suitable nesting habitat on the coasts of
northern coastal Washington and central and southern coastal Oregon.
Consistent with Varoujean et al.'s (1994) 1993 and 1994 aerial
surveys, Thompson (1996) found murrelets to be more numerous along
Washington's northern outer coast and less abundant along the southern
coast. He reported that this distribution appears to be correlated with
(1) proximity of old growth forest, (2) the distribution of rocky
shoreline/substrate versus sandy shoreline/substrate, and (3) abundance
of kelp; his analysis of these variables is continuing. In British
Columbia, Rodway et al. (1995) observed murrelets aggregating on the
water close to breeding areas at the beginning of the breeding season
and, for one of their two study areas, again in July as young were
fledging. Burger (1995) reported that the highest at-sea murrelet
densities in both 1991 and 1993 were seen immediately adjacent to two
tracts of old-growth forest, while areas with very
[[Page 26259]]
low densities of murrelets were adjacent to heavily logged watersheds.
In contrast, where nesting habitat is limited in southwest
Washington, northwest Oregon, and portions of California, few marbled
murrelets are found at sea during the nesting season (Ralph and Miller
1995; Ralph et al. 1995b; Strong 1995; Varoujean and Williams 1995;
Thompson 1996). The area between the Olympic Peninsula in Washington
and Tillamook County in Oregon (160 kilometers (100 miles)) has few
occupied sites or sightings at sea of marbled murrelets. In California,
approximately 480 kilometers (300 miles) separate the large breeding
populations to the north in Humboldt and Del Norte Counties from the
southern breeding population in San Mateo and Santa Cruz Counties.
Currently this reach contains few marbled murrelets during the breeding
season; however, the area likely contained significant numbers of
marbled murrelets before extensive logging (Paton and Ralph 1988,
Larsen 1991).
In addition to the proximity of suitable nesting habitat, it is
likely that marine factors such as prey abundance influence the local
distribution of breeding murrelets (Ralph and Miller 1995; Strachen et
al. 1995; Strong 1995). The influence of prey distribution and
abundance on the distribution of other alcids has been well documented
(Bradstreet and Brown 1985). In general, nesting murrelets, which must
return to their nest at least once per day, must balance the energetic
costs of foraging trips with the benefits for themselves and their
young (Skutch 1979; Ydenberg 1989; USFWS 1995a). Therefore, breeding
adults are energetically justified in taking relatively long foraging
trips only when they can gain access to high quality foraging areas
(Bradstreet and Brown 1985; Gaston 1985; Carter and Sealy 1990).
Breeding murrelets are known to cover large areas at sea to take
advantage of foraging opportunities (Carter and Sealy 1990; Ralph and
Miller 1995; Rodway et al. 1995). Therefore, use of marine habitat is
constrained during the breeding season by its distance from nesting
habitat and the quality of forage resources available. This is
consistent with the observed juxtaposition of suitable nesting habitat
and distribution of murrelets during the breeding season described
above, and it may explain the differences observed in marine
distribution patterns between murrelets and other non-forest nesting
seabirds (Varoujean et al. 1994). During years of low prey
availability, the distance from nesting areas to adequate foraging
areas is probably a critical determinant of reproductive success (USFWS
1995a).
Marbled murrelets can be adversely affected by impacts to their
nesting habitat, marine foraging habitat, and food supply, as well as
direct mortality from human activities such as oil spills and gillnet
fisheries. These impacts, and the resulting decline from historical
population levels, formed the basis for the listing of the species as
threatened in 1992 (57 FR 45328). Based on an analysis of likely ranges
of fecundity and survivorship of this species, Beissinger (1995)
developed a population model that estimated that marbled murrelets in
Washington, Oregon, and California may be declining at a rate between 4
and 6 percent per year. These results are consistent with the evidence
of a long-term decline from historical populations.
This decline may be a result of several factors. In addition to
habitat loss and fragmentation, which may reduce nesting success,
declines may be exacerbated by high mortality rates of the young of the
year prior to reaching the ocean, and high mortality rates of juveniles
and adults in the marine and terrestrial environments.
Marbled murrelets are believed to be highly vulnerable to predation
when on the nesting grounds, and the species has evolved a variety of
morphological and behavioral characteristics indicative of selection
pressures from predation (Ralph et al. 1995b). For example, plumage and
eggshells exhibit cryptic coloration, and adults fly to and from nests
by indirect routes and often under low-light conditions (Nelson and
Hamer 1995a). Potential nest predators include the common raven (Corvus
corax), Steller's jay (Cyanocitta stelleri), American crow (Corvus
brachyrhynchos), gray jay (Perisoreus canadensis), great horned owl
(Bubo virginianus), sharp-shinned hawk (Accipiter striatus), Cooper's
hawk (Accipiter cooperii), northern goshawk (Accipiter gentilis),
raccoon (Procyon lotor), marten (Martes americana), Townsend chipmunk
(Eutamias townsendii), northern flying squirrel (Glaucomys sabrinus),
Douglas squirrel (Tamiasciurus douglasi), and fisher (Martes pennanti)
(Marzluff et al. 1996). Ravens, Steller's jays, and possibly great
horned owls are known predators of eggs or chicks (Nelson and Hamer
1995b).
From 1974 through 1993, of those marbled murrelet nests in
Washington, Oregon, and California where success/failure was
documented, approximately 64 percent of the nests failed. Of those
nests, 57 percent failed due to predation (Nelson and Hamer 1995b). The
relatively high predation rate could be biased because nests near
forest edges may be more easily located by observers and more
susceptible to predation and because observers may attract predators.
Hamer and Nelson (1995b) believed that researchers had minimal impacts
on predation in most cases because the nests were monitored from a
distance and relatively infrequently, and precautions were implemented
to minimize predator attraction.
Several possible reasons exist for the high observed predation
rates of marbled murrelet nests. The first possibility is that these
high predation rates are normal, although it is unlikely that a stable
population could have been maintained under the predation rates
presently being observed (Beissinger 1995).
Another reason could be that populations of marbled murrelet
predators such as corvids (jays, crows, and ravens) and great horned
owls are increasing in the western United States, largely in response
to habitat changes and food sources provided by humans (Robbins et al.
1986; Rosenberg and Raphael 1986; Johnson 1993; Marzluff et al. 1994,
1996; National Biological Service 1996), resulting in increased
predation rates on marbled murrelets. It has also been proposed that
creation of excessive forest edge habitat may increase the
vulnerability of murrelet nests to predation and ultimately lead to
higher rates of predation. Edge effects have been implicated in
increased forest bird nest predation rates for other species of birds
(Chasko and Gates 1982; Yahner and Scott 1988).
The potential relationship between forest fragmentation, edge, and
adverse effects on forest nesting birds has received increased
attention during the last few decades. In a comprehensive review of the
many studies on this topic, Paton (1994) concluded that ``strong
evidence exists that avian nest success declines near edges.'' Small
patches of habitat have a greater proportion of edge than do large
patches of the same shape (Schieck et al. 1995). However, Paton (1994)
noted that many of these studies involved lands where forests and
agricultural or urban areas interface, or they involved experiments
with ground nests that are not readily applicable to canopy nesters
such as marbled murrelets. Paton (1994) therefore stressed the need for
studies specific to forests fragmented by timber harvest in the Pacific
Northwest and elsewhere.
Some research on this topic has been conducted in areas dominated
by timber production and using nests located off the ground (Ratti and
Reese 1988;
[[Page 26260]]
Rudnicky and Hunter 1993; Marzluff et al. 1996; Vander Haegen and
DeGraaf in press). Vander Haegen and DeGraaf (in press) found that
nests in shrubs less than 75 meters from an edge were three times as
likely to be depredated than nests greater than 75 meters from an edge.
Likewise, Rudnicky and Hunter (1993) found that shrub nests on the
forest edge were depredated almost twice as much as shrub nests located
in the forest interior. They also observed that shrub nests were taken
primarily by avian predators such as crows and jays, which is
consistent with the predators believed to be impacting murrelets, while
ground nests were taken by large mammals such as raccoons and skunks.
Ratti and Reese (1988) did not find the edge relationship documented by
Rudnicky and Hunter (1993), Vander Haegen and DeGraaf (in press), and
others cited in Paton (1994). However, Ratti and Reese (1988) did
observe lower rates of predation near ``feathered edges'' compared to
``abrupt'' edges (e.g., clearcut or field edges), and suggested that
the vegetative complexity of the feathered edge may better simulate
natural edge conditions than do abrupt edges. These authors also
concluded that their observations were consistent with Gates and
Gysel's (1978) hypothesis that birds are poorly adapted to predator
pressure near abrupt artificial edge zones.
Studies of artificial and natural nests conducted in Pacific
Northwest forests also indicate that predation of forest bird nests may
be affected by habitat fragmentation, forest management, and land
development (Hansen et al. 1991; Vega 1993; Bryant 1994; C. Chambers,
Oregon State University, pers. comm. 1994; Nelson and Hamer 1995b;
Marzluff et al. 1996). Nelson and Hamer (1995b), in the only direct
measure of marbled murrelet reproductive success, found that successful
murrelet nests were further from edge than unsuccessful nests. Marzluff
et al. (1996) are conducting the only experimental predation study that
uses simulated marbled murrelet nests, and they have documented
predation of artificial murrelet nests by birds and arboreal mammals.
Although the study is still continuing, preliminary results indicate
that proximity to human activity and landscape contiguity may interact
to determine rate of predation (J. Marzluff, pers. comm. 1996).
Interior forest nests in contiguous stands far from human activity
appear to experience the least predation (Marzluff et al. 1996).
In addition to studies of edge effects, some research has been
initiated to look at the importance of stand size. Among all Pacific
Northwest birds, the marbled murrelet is considered to be one of the
most sensitive to forest fragmentation (Hansen and Urban 1992).
Murrelet nest stand size in Washington, Oregon, and California varied
between 3 and 1,100 hectares (7 and 2,717 acres) and averaged 206
hectares (509 acres) (Hamer and Nelson 1995b). Nelson and Hamer (1995b)
found that successful murrelets tended to nest in larger stands than
did unsuccessful murrelets, but these results were not statistically
significant. Miller and Ralph (1995) compared murrelet survey detection
rates among four stand size classes in California. Recording a
relatively consistent trend, they observed that a higher percentage of
large stands (33.3 percent) had occupied detections when compared to
smaller stands (19.8 percent), while a greater percentage of the
smallest stands (63.9 percent) had no presence or occupancy detections
when compared to the largest stands (52.4 percent) (Miller and Ralph
1995). However, these results were not statistically significant, and
the authors did not conclude that murrelets preferentially select or
use larger stands. The authors suggested the effects of stand size on
murrelet presence and use may be masked by other factors such as stand
history and proximity of a stand to other old-growth stands. Schieck et
al. (1995) found that murrelet presence and abundance was positively
correlated with old-growth stand size in British Columbia, but their
data were not statistically significant. Rodway et al. (1993)
recommended caution when interpreting murrelet detection data, such as
that used by Miller and Ralph (1995) and Schieck et al. (1995), because
numbers of detections at different sites may be affected by variation
caused by weather, visibility, and temporal shifts.
In addition to stand size, general landscape condition may
influence the degree to which marbled murrelets nest in an area. In
Washington, marbled murrelet detections increased when old-growth/
mature forests comprised more than 30 percent of the landscape (Hamer
and Cummins 1990). Hamer and Cummins (1990) found that detections of
marbled murrelets decreased in Washington when the percentage of clear-
cut/meadow in the landscape increased above 25 percent. Additionally,
Raphael et al. (1995) found that the percentage of old-growth forest
and large sawtimber was significantly greater within 0.8-kilometer
(0.5-mile) of sites (203-hectare (501-acre) circles) that were occupied
by murrelets than at sites where they were not detected. Raphael et al.
(1995) suggested tentative guidelines based on this analysis that sites
with 35 percent old-growth and large sawtimber in the landscape are
more likely to be occupied. In California, Miller and Ralph (1995)
found that the density of old-growth cover and the presence of coastal
redwood were the strongest predictors of murrelet presence.
Although ongoing research should shed more light on the specific
factors that affect murrelet nest predation and stand size preferences,
the best available information strongly suggests that marbled murrelet
reproductive success may be adversely affected by forest fragmentation
associated with certain land management practices. Based on this
information, the Service concludes that the maintenance and development
of suitable habitat in relatively large contiguous blocks as described
in this rule and the draft Marbled Murrelet (Washington, Oregon, and
California Population) Recovery Plan (draft Recovery Plan) (USFWS
1995a) will contribute to the recovery of the marbled murrelet. These
blocks of habitat should contain the structural features and spatial
heterogeneity naturally found at the landscape level, the stand level,
and the individual tree level in Pacific Northwest forest ecosystems
(Hansen et al. 1991; Hansen and Urban 1992; Ripple 1994; Bunnell 1995;
Raphael et al. 1995; Schieck et al. 1995).
In addition to predation at the nest, adult and juvenile murrelets
are vulnerable elsewhere in the terrestrial and marine environments.
For example, in the terrestrial environment adult marbled murrelets
have been preyed upon by sharp-shinned hawks, peregrine falcons (Falco
peregrinus), bald eagles (Haliaeetus leucocephalus), and possibly
merlins (F. columbarius) (Marks and Naslund 1994).
In the marine environment, oil spills and commercial net fisheries
adversely affect marbled murrelets. Clean water is important for
survival and completion of the murrelet's life cycle and for the
conservation of the species. Clean, unpolluted water is essential for
maintaining the health of individual marbled murrelets and prey
species, and for providing areas for social interactions and other
behaviors.
Marbled murrelets have a high vulnerability to oiling, and oil
spills have had catastrophic effects when large spills have occurred in
the vicinity of murrelet concentrations. Impacts have been particularly
severe in Prince William Sound in Alaska, western Washington, and
central California (Carter and Kuletz 1995). The 45 marbled murrelets
recovered after the
[[Page 26261]]
Tenyo Maru spill in 1991 at the mouth of the Strait of Juan de Fuca in
Washington was the greatest number of murrelets recovered in any oil
spill, with the exception of the Exxon Valdez oil spill, and
represented a significant portion of the local population (Carter and
Kuletz 1995). Oil spills may also affect forage fish populations (Irons
1992; Oakley and Kuletz 1994; Piatt and Anderson In press), reduce
reproductive success, and disrupt breeding activity (Carter and Kuletz
1995). Chronic oil pollution can cause mortality through oiling and
ingestion of oil. Other forms of pollution may also affect birds
directly through toxic effects on their food supply.
Mortality of marbled murrelets from entanglement and drowning in
fishing nets has declined in recent years in Washington, Oregon, and
California, as fishing effort has declined and regulations to reduce
mortality have been implemented. However, mortality is still a concern,
particularly in Washington. Gillnet fisheries are most significant as a
threat to murrelets in the marine environment in Washington, although
closures of some areas, specifically to protect marbled murrelets, were
implemented in the 1995 season (USFWS 1995b, 1995c). Gillnet fisheries
no longer occur in Oregon, with the exception of those in the Columbia
River. In California, fishing regulations protect most murrelets from
this type of mortality (Carter et al. 1995).
Gillnet fisheries may occur at the mouth of the Columbia River, in
Willapa Bay, Grays Harbor, the Strait of Juan de Fuca, and Puget Sound,
although fishing efforts in coastal fisheries have been greatly reduced
because of depressed salmon (Oncorhynchus spp.) runs. An observer
program in 1994 in the all-citizens and Tribal sockeye salmon
(Oncorhynchus nerka) drift gillnet fishery of north Puget Sound, which
is the most significant fishery in Puget Sound, estimated an
entanglement of 15 murrelets, with a range of 2 to 59 murrelets (Pierce
et al. 1996). A National Marine Fisheries observer program for marine
mammals on the outer coast fisheries of Washington, where low numbers
of marbled murrelets are present, did not document marbled murrelet
mortality (Jeffries and Brown 1993). However, a number of entangled
birds of the Alcidae family were not identified to species.
Entanglement in other Washington drift net and set gillnet fisheries
has also been documented (Speich and Wahl 1989; Craig and Cave 1994;
BIA 1994; J. Grettenberger, USFWS, pers. comm. 1995). Observer programs
in 1993 and 1994 in Puget Sound salmon purse seine fisheries indicated
that entanglement rates of marbled murrelets were much lower with this
gear type (Natural Resources Consultants 1995). To date, there has not
been any documented murrelet mortalities from gillnet fisheries at the
mouth of the Columbia River.
It is likely that marbled murrelets, like many other seabirds, are
affected by fluctuations in marine environmental conditions such as El
Nino events (USFWS 1995a). In general, increased mortality of adult
seabirds and decreased reproductive efforts have been linked with El
Nino episodes when food supplies are depressed (Schrieber and Schrieber
1984; Hodder and Graybill 1985; Boekelheide et al. 1990), although
there may be marked differences in effects across regions and among
species with different foraging styles (Hatch 1987). Marbled murrelets
are relatively opportunistic foragers and probably have a great
flexibility in prey choice (USFWS 1995a). This capability may enable
them to respond, to some degree, to changes in prey availability caused
by fluctuating environmental conditions (USFWS 1995a). In general,
unfavorable conditions can result in adult mortality and reduced
productivity. However, a seabird's relatively long life span is an
adaptation which allows an individual to reproduce successfully despite
adverse conditions during its lifetime. This life history strategy
serves to maintain a population despite environmental fluctuations
(USFWS 1995a). However, cumulative impacts (including nest habitat
loss, oil spills, etc.), in addition to repeated El Nino events in
localized areas over a short time period could cause serious population
declines or extirpations (USFWS 1995a).
Management Considerations
Marbled murrelets are found in forests containing a variety of
forest structure, which is in part the result of varied management
practices and natural disturbance (Hansen et al. 1991; McComb et al.
1993). In many areas, management practices have resulted in
fragmentation of the remaining older forests and creation of large
areas of younger forests that have yet to develop habitat
characteristics suitable for marbled murrelet nesting (Hansen et al.
1991). Past and current forest management practices have also resulted
in a forest age distribution skewed toward younger even-aged stands at
a landscape scale (Hansen et al. 1991; McComb et al. 1993).
In many portions of the range of the marbled murrelet during the
last 50-70 years, forest management has concentrated on clear-cut
logging (Hansen et al. 1991). After forests are clear-cut, the sites
are traditionally replanted to a single or few tree species and
maintained as even-aged stands for maximum wood-fiber production. Site-
preparation and management activities may further decrease species
diversity (Hansen et al. 1991). These methods include prescribed
burning and the use of herbicides or mechanical methods to control
competing vegetation.
Prior to the widespread application of clearcut timber harvest,
historical logging practices in some portions of the species' range
consisted of more selective timber harvest, leaving remnant patches of
forests of varying ages with older forest characteristics. The uneven-
aged management practices used in these areas usually resulted in more
diverse forests that may currently provide some nesting habitat where a
few trees containing suitable marbled murrelet nesting structure remain
(Hansen et al. 1991).
Current and historic loss of marbled murrelet nesting habitat is
generally attributed to timber harvest and land conversion practices,
although, in some areas, natural catastrophic disturbances such as
forest fires have caused losses (Hansen et al. 1991; Ripple 1994;
Bunnell 1995). Reduction of the remaining older forest has not been
evenly distributed in western Washington, Oregon, and California.
Timber harvest has been concentrated at lower elevations and in the
Coast Ranges (Thomas et al. 1990), generally overlapping the range of
the marbled murrelet.
Habitat for marbled murrelets has been generally declining since
the arrival of European settlers. Bolsinger and Waddell (1993)
estimated that old-growth forest in Washington, Oregon, and California
has declined by two-thirds statewide during the last five decades.
Information specific to the range of the marbled murrelet is not
available. Historic forest conditions have been estimated for western
Washington and Oregon by several authors. Marbled murrelet habitat
represents a significant portion of area included in these estimates;
therefore, trends in habitat are assumed to follow the same general
pattern identified for the larger area.
Although the extent of mature and old-growth forest before the
1800s is difficult to quantify, western Washington and Oregon are
estimated to have been covered by approximately 9.7 to 12.8 million
hectares (24 to 32 million acres) of forest at the time of euroamerican
settlement in the early to
[[Page 26262]]
mid-1800s, of which about 5.6 to 7.9 million hectares (14 to 20 million
acres) (60 to 70 percent) are estimated to have been old-growth
(Society of American Foresters Task Force 1983; Spies and Franklin
1988; Morrison 1988; Norse 1988; Booth 1991; Ripple 1994). As of 1991,
there were approximately 1.4 million hectares (3.4 million acres) of
old-growth forest remaining in western Washington and Oregon, an 82
percent reduction from estimated prelogging levels (Booth 1991).
Estimates for a similar time period in northwestern California are
not as precise, but suggest there were between 526,000 and 1.3 million
hectares (1.3 and 3.2 million acres) of old-growth Douglas-fir/mixed
conifer forest and approximately 890,000 hectares (2.2 million acres)
of old-growth coastal redwood forest (Society of American Foresters
Task Force 1983; Laudenslayer 1985; Fox 1988; California Department of
Forestry and Fire Protection 1988; Morrison 1988). Currently there are
approximately 28,000 hectares (70,000 acres) of old-growth coastal
redwood forest remaining in California (Larsen 1991).
Some of the forests that were affected by past natural
disturbances, such as forest fires and windthrow, currently provide
suitable nesting habitat for marbled murrelets because they retain
scattered individual or clumps of large trees that provide structure
for nesting (Hansen et al. 1991; McComb et al. 1993; Bunnell 1995).
This is particularly true in coastal Oregon where extensive fires
occurred historically. Marbled murrelet nests have been found in
remnant old-growth trees in mature forests in Oregon.
Forests providing suitable nesting habitat and nest trees generally
require 200 to 250 years to develop characteristics that supply
adequate nest platforms for marbled murrelets. This time period may be
shorter in redwood and western hemlock forests and in areas where
significant remnants of the previous stand remain. Intensively managed
forests in Washington, Oregon, and California have been managed on
average cutting rotations of 70 to 120 years (USDI 1984; USDA 1988).
Cutting rotations of 40 to 50 years are common for some private lands.
Timber harvest strategies on Federal lands and some private lands have
emphasized dispersed clear-cut patches and even-aged management. Forest
lands that are intensively managed for wood fiber production are
generally prevented from developing the characteristics required for
marbled murrelet nesting. Suitable nesting habitat that remains under
these harvest patterns is highly fragmented.
Previous Management Efforts
Since 1990, several different approaches to management of older
forests and their associated species (including marbled murrelets) have
been developed through various Federal efforts. These include the
Interagency Scientific Committee's Conservation Strategy for the
Northern Spotted Owl (Thomas et al. 1990), the Scientific Panel on Late
Successional Forest ecosystems commissioned by the U.S. House of
Representatives (Johnson et al. 1991), the designation of spotted owl
critical habitat by the Service (57 FR 1796), and the U.S. Forest
Service's (Forest Service) Scientific Analysis Team Report (Thomas et
al. 1993). All of these efforts would have provided some level of
protection to marbled murrelets but most did not address murrelets
specifically or provide a framework for a specific marbled murrelet
management strategy.
In July 1993, the Service, Forest Service, U.S. Bureau of Land
Management, National Park Service, National Marine Fisheries Service,
and U.S. Environmental Protection Agency released the Report of the
Forest Ecosystem Management Assessment Team (FEMAT Report) (USDA et al.
1993a). Information from this report was used in developing the Final
Supplemental Environmental Impact Statement on Management of Habitat
for Late-Successional and Old-Growth Forest Related Species Within the
Range of the Northern Spotted Owl (USDA et al. 1993b) and the Record of
Decision for Amendments to the Forest Service and Bureau of Land
Management Planning Documents Within the Range of the Northern Spotted
Owl (ROD). This ROD is referred to as the Northwest Forest Plan (USDA
and USDI 1994). The FEMAT report and ROD provide a specific marbled
murrelet management strategy for Federal lands.
Within the range of the marbled murrelet, the Northwest Forest Plan
designates a system of Late-Successional Reserves, which provides large
areas expected to eventually develop into contiguous, unfragmented
forest. In addition to Late-Successional Reserves, the Northwest Forest
Plan designates a system of Adaptive Management Areas, where efforts
focus on answering management questions, and matrix areas, where most
forest production occurs. Administratively withdrawn lands, as
described in the individual National Forest or Bureau of Land
Management land use plans, are also part of the Northwest Forest Plan.
Specific measures in the Northwest Forest Plan protect all occupied
murrelet sites on Federal lands outside of the Federal reserve system.
These measures include surveys prior to activities that may affect
habitat and protection of contiguous marbled murrelet nesting and
recruitment habitat (stands capable of becoming suitable nesting
habitat within 25 years) within 0.8-kilometer (0.5-mile) of areas
occupied by murrelets.
An assessment of population viability of marbled murrelets was
conducted by the FEMAT. The assessment group concluded that ``We
believe there is only about a 60 percent likelihood (with a range of 50
to 75 percent) that the marbled murrelet population on Federal lands
would be stable and well distributed after 100 years, regardless of
which option is selected.'' An additional assessment based only on the
projected habitat condition at 100 years concluded that there was an 80
percent likelihood that nesting habitat would be well distributed on
Federal lands at 100 years under the option most similar to the current
Northwest Forest Plan.
The Service recognizes the value of the Northwest Forest Plan (USDA
and USDI 1994) and acknowledges its integral role in marbled murrelet
conservation. The Northwest Forest Plan complements this critical
habitat designation by stressing the need for protection of large,
unfragmented areas of suitable nesting habitat that are well-
distributed throughout the species' range, with special emphasis on
areas close to the marine environment.
Concurrently with the implementation of the Northwest Forest Plan,
the Marbled Murrelet Recovery Team continues to work on a Recovery Plan
that will outline a strategy for recovering the species. The Recovery
Plan, which builds on the Northwest Forest Plan, also addresses
management needs on non-Federal lands and in the marine environment.
The Marbled Murrelet Recovery Team is completing a final Recovery
Plan that will outline a strategy for recovering the species. The draft
Recovery Plan (USFWS 1995a) suggested the establishment of six Marbled
Murrelet Conservation Zones where viable populations of murrelets
should be maintained in Washington, Oregon, and California. The
Recovery Team would designate the Marbled Murrelet Conservation Zones
to address differing needs for recovery actions in portions of the
marbled murrelet's range and to maintain well-distributed populations.
The zones are generally described as follows: (1) the Puget Sound
Conservation Zone includes all the waters of Puget Sound, the eastern
waters of the Strait of Juan de Fuca and
[[Page 26263]]
associated inland habitat extending 80 km (50 miles) from eastern Puget
Sound and bisecting of the Olympic Peninsula; (2) the Western
Washington Coast Range Conservation Zone includes the outer coast of
Washington, the western waters of the Strait of Juan de Fuca and
associated inland habitat extending inland to the midpoint of the
Olympic Peninsula and in southwest Washington as far as 80 km (50
miles) from the Pacific Ocean shoreline; (3) the Oregon Coast Range
Conservation Zone includes most of the coastal waters of Oregon
(between the Columbia River and Coos Bay) within 2 km (1.2 miles) of
the shoreline and associated inland habitat extending inland a distance
of 56 km (35 miles); (4) the Siskiyou Coast Range Conservation Zone
includes a portion of the coastal waters of Oregon and California
(between Coos Bay, Oregon and the southern boundary of Humboldt County,
California) within 2 km (1.2 miles) of the shoreline and associated
inland habitat extending inland a distance of 56 km (35 miles) from the
Pacific Ocean shoreline; (5) the Mendocino Conservation Zone includes a
portion of the California coastal waters (from the Humboldt County line
to the mouth of San Francisco Bay) within 2 km (1.2 miles) of the
shoreline and associated inland habitat extending inland a distance of
up to 40 km (25 miles) from the Pacific Ocean shoreline; and (6) the
Santa Cruz Mountains Conservation Zone includes a portion of the
central California coastal waters (from the mouth of San Francisco Bay
to Point Sur, Monterey County) within 2 km (1.2 miles) of the shoreline
and associated inland habitat extending inland a distance of up to 24
km (15 miles) from the Pacific Ocean shoreline (USFWS 1995a).
In the marine environment, several laws apply that benefit
murrelets directly or indirectly. The Oil Pollution Act of 1990
addresses the development of a national planning and response system
for spills in marine and freshwater environments. A variety of planning
efforts are underway that address responses to worst-case discharges of
oil or hazardous substances, and mitigation or prevention of a
substantial threat of discharge from a vessel, offshore facility, or
onshore facility. Planning efforts include the development of a
national contingency plan, regional area contingency plans, and local
geographic response plans. The Service has worked extensively with the
U.S. Coast Guard, industry representatives, local response communities,
and other State, Federal, and Tribal natural resource trustees to
develop area contingency plans and geographic response plans for
Pacific coastal areas. These plans address mechanical recovery, use of
dispersants, in-situ burning, shoreline cleanup, protection of
sensitive areas, and protection, rescue, and rehabilitation of fish and
wildlife. These planning efforts and associated spill exercises should
help prevent or minimize the impact of spills on natural resources.
Several other marine laws address threats to murrelets. These
include the Clean Water Act, which regulates the discharge of pollution
into marine waters and establishes National Contingency plans to
minimize damage from oil spills; the Coastal Zone Management Act, which
establishes the Coastal Nonpoint Source Pollution Control Program; the
Marine Protection, Research and Sanctuaries Act, which restricts ocean
dumping of waste, including dredged materials, and establishes marine
sanctuaries; and the Outer Continental Shelf Act, which regulates
offshore oil development.
Mortality of marbled murrelets in commercial net fisheries in
Washington is being addressed through changes in State and Tribal
regulations. In 1995, the State of Washington and the Tribes instituted
area closures in a number of areas with high densities of marbled
murrelets to reduce the potential for entanglement. In 1995, the first
year of a 2-year study to evaluate modified gillnets designed to reduce
seabird entanglement was completed, and the initial results were
encouraging (Melvin and Conquest 1996). Research was also conducted in
1995 to evaluate the extent of fisheries/murrelet overlap and factors
that affect entanglement. Educational programs have been implemented
that provide material to fishermen on marbled murrelet identification
and distribution. As a result of section 7 consultation, observer
programs were required in 1993 and 1994 to evaluate and quantify the
extent of marbled murrelet mortality in purse seine and gillnet salmon
fisheries (USFWS 1995b, 1995c).
Finally, the Forest Service published the ``Ecology and
Conservation of the Marbled Murrelet,'' a compilation of original
studies and literature reviews that represents the most current
treatise on marbled murrelets (Ralph et al. 1995a). The document is
particularly valuable for management, because it has assembled and
synthesized most of what is known about the marbled murrelet.
Critical Habitat
Critical habitat is defined in section 3(5)(A) of the Act as ``(i)
the specific areas within the geographical area occupied by the
species, at the time it is listed * * * on which are found those
physical or biological features (I) essential to the conservation of
the species and (II) which may require special management
considerations or protection; and (ii) specific areas outside the
geographical area occupied by a species at the time it is listed * * *
upon a determination * * * that such areas are essential for the
conservation of the species.'' 16 U.S.C. 1532(5)(A). The term
``conservation,'' as defined in section 3(3) of the Act, means ``* * *
to use and the use of all methods and procedures which are necessary to
bring any endangered species or threatened species to the point at
which the measures provided pursuant to this Act are no longer
necessary * * *'' 16 U.S.C. 1532(3).
Role in Species Conservation
The use of the term ``conservation'' in the definition of critical
habitat indicates that its designation would include habitat essential
to a species' eventual recovery and delisting. However, when critical
habitat is designated at the time a species is listed or before a
recovery plan is completed, the Service frequently does not know all of
the habitat areas that are essential for a species' recovery. Thus, the
Act provides that critical habitat designations may be revised from
time to time (16 U.S.C. 1533(a)(3)(B)).
The designation of critical habitat is only one of several measures
available to contribute to the conservation of a listed species.
Critical habitat helps focus conservation activities by identifying
areas that contain essential habitat features (primary constituent
elements), thus alerting Federal agencies and the public to the
importance of an area in the species' conservation. Critical habitat
also identifies areas that may require special management or
protection. The identification of these areas may be helpful in
planning federally regulated land use activities. The added emphasis on
these areas for conservation of the species may shorten the time needed
to achieve recovery.
Critical habitat receives consideration under section 7 of the Act
with regard to actions carried out, authorized, or funded by a Federal
agency. As such, designation may affect non-Federal lands only where
such a Federal nexus exists. Federal agencies must insure that their
actions are not likely to result in destruction or adverse modification
of critical habitat. Aside from this added consideration under section
7, the Act does not provide any additional protection to lands
designated as critical
[[Page 26264]]
habitat. Designating critical habitat does not create a management plan
for the areas; does not establish numerical population goals or
prescribe specific management actions (inside or outside of critical
habitat); and does not have a direct effect on areas not designated as
critical habitat. Specific management recommendations for critical
habitat are addressed in recovery plans, management plans, and in
section 7 consultation.
In Washington, specific State Forest Practices rules are triggered
by Federal critical habitat designation covering private lands. Under
Forest Practices rules, a forest management activity within designated
critical habitat is classified as a ``Class IV--special'' forest
practice. The applicant for the forest practices permit must submit, in
addition to the usual information for the Forest Practices permit, an
environmental checklist under the State Environmental Policy Act
(SEPA). This checklist covers all resources, not just the species or
critical habitat in question. The Washington Department of Natural
Resources (WDNR) then makes a threshold determination from this
information. The WDNR may make a determination of nonsignificance,
mitigated determination of nonsignificance, or a determination of
significance. If a determination of nonsignificance or mitigated
determination of nonsignificance is reached, the action can proceed. If
a determination of significance is made, preparation of an
Environmental Impact Statement is required. This includes public
involvement, and may involve significant time delays and costs.
However, the State Forest Practices Board has the option to exclude any
Federal critical habitat from this designation under a Class IV
special. State regulations exclude from critical habitat, and Class
IV--Special review requirements, areas covered by a conservation plan
and permit approved the Service. State agencies are required to conduct
SEPA review on all State land projects, so the designation of critical
habitat designation will have less effect on their process.
In Oregon, State laws and regulations do not recognize critical
habitat. Therefore, no effect can be attributed to Federal critical
habitat through Oregon State law for critical habitat designated on
non-federal land.
In California, the California Endangered Species Act (CESA)
contains a similar concept to critical habitat called essential
habitat. The State does not necessarily designate essential habitat in
terms of mapped and described areas, as does critical habitat. Laws and
regulations do not specifically defer to or recognize Federal critical
habitat. California Department of Fish and Game biologists, in their
normal CESA and California Environmental Quality Act (CEQA) review of
proposed activities, may be aware of critical habitat and consider it
in lieu of essential habitat. However, there is no requirement to do
so, nor any prescribed manner for treating critical habitat. In the
absence of critical habitat, State biologists continue to consider the
concept of essential habitat. While State biologists may use Federal
critical habitat during CESA and CEQA reviews, the impact is not
expected to exceed impacts under the above laws in the absence of
critical habitat.
Primary Constituent Elements
A designation of critical habitat begins by identifying areas
essential to conservation of a species. In determining which areas to
designate as critical habitat, the Service considers those physical and
biological features essential to a species' conservation and that may
require special management considerations or protection. Such physical
and biological features, as stated in 50 CFR 424.12, include, but are
not limited to, the following:
(1) Space for individual and population growth, and for normal
behavior;
(2) Food, water, air, light, minerals or other nutritional or
physiological requirements;
(3) Cover or shelter;
(4) Sites for breeding, reproduction, rearing of offspring; and
(5) Habitats that are protected from disturbance or are
representative of the historic geographical and ecological
distributions of a species.
The Service is required to base critical habitat designations on
the best scientific data available (16 USC 1533(b)(2)). In designating
critical habitat for the marbled murrelet in Washington, Oregon, and
California, the Service has reviewed its overall approach to the
conservation of the species. For a thorough discussion of the ecology
and life history of this subspecies, see the Service's Biological
Report (Marshall 1988); the final listing rule published in the Federal
Register on October 1, 1992 (57 FR 45328); The Status and Conservation
of the Marbled Murrelet in North America (Carter and Morrison 1992);
the Biology of the Marbled Murrelet: Inland and at Sea (Nelson and
Sealy 1995); the draft Recovery Plan (USFWS 1995a); the Ecology and
Conservation of the Marbled Murrelet (Ralph et al. 1995a); and the
Ecological Considerations section of this rule.
The Service has determined that the physical and biological habitat
features (referred to as the primary constituent elements) associated
with the terrestrial environment that support nesting, roosting, and
other normal behaviors are essential to the conservation of the marbled
murrelet and require special management considerations.
Within areas essential for successful marbled murrelet nesting, the
Service has focused on the following primary constituent elements: (1)
individual trees with potential nesting platforms, and (2) forested
areas within 0.8 kilometers (0.5 miles) of individual trees with
potential nesting platforms, and with a canopy height of at least one-
half the site-potential tree height. This includes all such forest,
regardless of contiguity. These primary constituent elements are
essential to provide and support suitable nesting habitat for
successful reproduction of the marbled murrelet.
Individual nest trees include large trees, generally more than 81
centimeters (32 inches) dbh with the presence of potential nest
platforms or deformities such as large or forked limbs, broken tops,
dwarf mistletoe infections, witches' brooms, or other formations
providing platforms of sufficient size to support adult murrelets.
Because marbled murrelets do not build nests, moss or detritus may be
important to cushion or hold the egg. Platforms should have overhead
cover for protection from predators and weather, which may be provided
by overhanging branches, limbs above the nest area, or branches from
neighboring trees. Based on current information from Washington,
Oregon, and California, nests have been found in Douglas-fir, coastal
redwood, western hemlock, western redcedar, or Sitka spruce (Hamer and
Nelson 1995b).
On a landscape basis, forests with a canopy height of at least one-
half the site-potential tree height in proximity to potential nest
trees are likely to contribute to the conservation of the marbled
murrelet. These forests may reduce the differences in microclimates
associated with forested and unforested areas (Chen et al. 1992; Chen
et al. 1993), reduce potential for windthrow during storms (Chen et al.
1992), and provide a landscape that has a higher probability of
occupancy by marbled murrelets (Raphael et al. 1995). The site-
potential tree height is the average maximum height for trees given the
local growing conditions, and is based on species-specific site index
tables. Nest trees may be scattered or clumped
[[Page 26265]]
throughout the area. Potential nesting areas may contain fewer than one
suitable nesting tree per acre.
Within the boundaries of designated critical habitat, only those
areas that contain one or more primary constituent element are, by
definition, critical habitat. Areas without any primary constituent
elements are excluded by definition.
Criteria Used To Identify Critical Habitat
Several qualitative criteria were considered in the selection of
specific areas for inclusion in critical habitat. These criteria are
similar to criteria used in the development of several recent Federal
management proposals, such as the Scientific Panel (Johnson et al.
1991) and Northwest Forest Plan (USDA and USDI 1994). The following is
a description of the criteria considered:
Suitable Nesting Habitat: The presence of suitable nesting habitat
as defined in the previous section. Suitable habitat was located
through the use of specific site knowledge, GIS data, remote sensing
data, and aerial photos.
Survey Data: Information about presence/absence and occupancy were
used to indicate murrelet use areas. Critical habitat units include
most of the known sites occupied by marbled murrelets on Federal,
State, county, and private lands. However, known occupied sites may
represent only a small portion of the population due to the limited
coverage of past survey efforts.
Proximity to Marine Foraging Habitat: During the nesting season,
marbled murrelets forage in the marine environment and return to the
nest at least once daily carrying a prey item to their young. Foraging
and nesting habitat areas must be juxtaposed within the flight
capabilities and energetic limits of the species. Critical habitat
units were designated taking into account the distance of murrelet
detections from the marine environment in a given area.
Large, Contiguous Blocks of Nesting Habitat: In response to the
problems of fragmentation of suitable habitat, potential increases in
predation, and reduced reproductive success, the Service concentrated
on defining critical habitat units in terms of large, contiguous blocks
of late-successional forest. The Service used the Late-Successional
Reserve system identified in the Northwest Forest Plan (USDA and USDI
1994) to the extent possible to provide large blocks of habitat.
Marbled murrelet locations and habitat were considered in the
development of these reserves. State, county, private, and city lands
were included where large blocks of Federal reserve areas were
insufficient or not available, but where critical habitat was crucial
to retaining distribution of the species.
Rangewide Distribution: To maintain the current distribution of the
species and reduce the impact of catastrophic losses of habitat or
murrelets, critical habitat units were identified throughout the range
of the species in the three states. Well distributed critical habitat
reduces the probability that a natural or human-caused catastrophe
would threaten the survival or recovery of the species in Washington,
Oregon, and California. Catastrophes that might threaten the species
include wildfires, windstorms or oil spills. Given the intense site
fidelity of many alcid species, maintaining rangewide distribution may
also be needed to provide potential source populations for the
recolonization of future habitat.
Adequacy of Existing Protection and Management: The Service
considered the existing legal status of lands in designating areas as
critical habitat. Areas with permanent legal protection of wildlife,
such as congressionally designated wilderness areas, National Parks,
and National Wildlife Refuges are not proposed unless specific threats
were identified that are not addressed by existing management and
protection. State park regulations vary, but are often more recreation
oriented, and less restrictive or protective of wildlife.
Designated Areas Identified by Applying Criteria
Application of the foregoing criteria and consideration of comments
and information received as a result of the supplemental proposal has
resulted in the designation of most of the Late-Successional Reserves
(LSR), as described in the Northwest Forest Plan, on Federal lands
within the range of the marbled murrelet in Washington, Oregon, and
California. These areas, as managed under the Northwest Forest Plan,
should develop into large blocks of suitable murrelet nesting habitat
given sufficient time. However, LSRs are plan-level designations with
less assurance of long-term persistence than areas designated by
Congress. Designation of LSRs as critical habitat compliments and
supports the Northwest Forest Plan and helps to ensure persistence of
this management directive over time. In some areas, these large blocks
of Federal land can provide the necessary contribution for recovery of
the species. In other areas, Federal ownership is limited and Federal
lands alone cannot meet recovery needs to reverse the current
population decline in marbled murrelets and maintain a well-distributed
population.
The FEMAT report recognized the limited ability of Federal agencies
to recover this species on Federal lands alone. ``Although the Forest
Ecosystem Management Assessment was designed to address only Federal
lands within the range of the northern spotted owl, the marbled
murrelet is an example of a species whose life history requirements
cannot be accommodated only on Federal lands. The marbled murrelet is a
seabird that nests inland and therefore is influenced by both the
marine and terrestrial environments. Its nesting range in the t
FR Doc. 96-12647 Endangered and Threatened Wildlife and Plants; Final Designation of Critical Habitat for the Marbled Murrelet
hree-
state area includes land that is south of the range of the northern
spotted owl. In addition, several areas that are considered key to the
recovery of the marbled murrelet involve private and state lands''
(FEMAT Report at IV-151 and IV-152, USDA et al. 1993a).
Based on information provided in public comments, including the
recommendations of the Marbled Murrelet Recovery Team in the draft
Recovery Plan (USFWS 1995a), the Service is designating selected non-
Federal lands that meet the requirements identified in the Criteria for
Identifying Critical Habitat section, where Federal lands alone are
insufficient to provide suitable nesting habitat for the recovery of
the species.
Non-Federal lands are designated as critical habitat where Federal
lands are limited or nonexistent, and where non-Federal lands are
essential for maintaining marbled murrelet populations and nesting
habitat. State lands are particularly important in southwestern
Washington, northwestern Oregon, and California south of Cape
Mendocino. Small segments of county lands are also included in
northwestern Oregon and central California. This is consistent with the
Memorandum of Understanding between the Service and the State of
California signed in 1991.
Some private lands are being designated as critical habitat because
they provide essential elements and occur where Federal lands are very
limited, although habitat availability on private land is typically
much more limited than on public lands. These areas include the Arlecho
Basin, which supports occupied sites in the lowlands of northern
Washington; land supporting known occupied sites in southwestern
Washington and in the Siletz River drainage in Oregon; nesting habitat
and occupied sites for the at-sea murrelet population in the southern
portion of the Draft Recovery Plan's proposed Marbled Murrelet
Conservation Zone 4 in California,
[[Page 26266]]
including the Headwaters Forest area; and nesting habitat for the
central California population. State, county, city, and private lands
contain the last remnants of nesting habitat for the southern-most
population of murrelets, which is the smallest, most isolated, and most
susceptible to extirpation.
Areas Not Designated
Not all suitable nesting habitat is included in the designated
critical habitat units. Emphasis has been placed on those areas
considered most essential to the species' conservation in terms of
habitat, distribution, and ownership. That does not mean that lands
outside of designated critical habitat units are not important to the
marbled murrelet. Some Federal lands outside of designated critical
habitat will receive additional protection from the marbled murrelet
conservation measures outlined in the Northwest Forest Plan. Under the
ROD, all marbled murrelet habitat will be surveyed prior to removal or
degradation of habitat, and all occupied sites will be protected. The
Adaptive Management Areas, matrix lands, and administratively withdrawn
lands contain areas of occupied habitat that would be protected from
timber harvest.
Some areas outside this critical habitat designation may prove to
contain elements important to the recovery of the species. This
includes several areas recommended in public comment (see Issue 26).
However, under the Administrative Procedure Act (5 U.S.C. 553), the
Service cannot finally designate areas which were not included in a
proposed rule; and the Service was under court order to finalize this
designation by May 15, 1996. The Service will consider these areas for
potential inclusion in any future revisions of marbled murrelet
critical habitat.
In considering whether tribal lands would be designated as critical
habitat, the Service gave particular attention to the Federal
government's trust responsibilities to Native Americans. The Hoopa
Valley Indian Reservation (Reservation) was considered but not
designated as critical habitat because no occupied sites have been
documented after 3 years of surveys on various portions of the
Reservation. The Reservation contains only a small quantity of
fragmented marbled murrelet habitat and is surrounded by Federal lands.
Some of those Federal lands contain high quality habitat supporting
occupied sites and are either designated as critical habitat or
protected as a Congressionally Withdrawn Area.
Three other areas of Tribal land were considered for inclusion in
critical habitat, including portions of the Quinault and Makah Indian
Reservations in Washington and lands owned by the Siletz Tribe in
Oregon. The Makah Indian Reservation was not designated because little
suitable habitat remains in this area. The Siletz lands support marbled
murrelets and contain suitable habitat. However, because these parcels
are small, isolated, and relatively few, they have limited ability to
contribute to recovery, especially considering the proximity of Federal
land in the area. Many of these tribal lands contain murrelet occupied
sites and activities on these areas undergo section 7 consultation
through the Bureau of Indian Affairs, providing an option for achieving
essential conservation contributions. Therefore, the Siletz lands were
not included in the supplemental proposed rule, for any future
revisions to critical habitat for the marbled murrelet.
The Quinault lands are considered important to the conservation of
the marbled murrelet. The North Boundary Area of the Quinault Indian
Reservation contains large blocks of contiguous, old-growth habitat.
Much of this habitat currently supports marbled murrelets. However, the
Quinault lands were not included in the supplemental proposed rule
after consideration of the Federal government's trust responsibilities
and the options for achieving essential conservation contributions
through other alternatives. The Service is still considering the
appropriateness of designating critical habitat on Quinault lands, for
any future revisions to critical habitat for the marbled murrelet.
The Service considered including five marine areas in critical
habitat. Clean water and accessible foraging opportunities are
important life history requirements for the marbled murrelet. These
five areas support the highest concentrations of murrelets during the
breeding season in Washington, Oregon, and California. One area
consisted of the waters of Puget Sound and the Strait of Juan de Fuca
in Washington, including the waters surrounding the San Juan Islands.
The Service also considered near shore waters (within 2 km (1.2 mi) of
the shore) along the Pacific coast from Cape Flattery to Point
Grenville in Washington, from Newport Bay to Coos Bay in Oregon, from
the California State border to Cape Mendocino in northern California,
and from Pillar Point to Davenport in central California.
While these marine areas are very important to the conservation of
marbled murrelets, the Service does not believe that they require
special management consideration or protection at this time beyond that
provided by the existing Federal laws and regulations discussed in the
Previous Management Efforts section. These laws and regulations
specifically address reducing the threats identified in the marine
environment.
While the draft Recovery Plan clearly indicates that marine habitat
is important to the survival of marbled murrelets, it also indicates
that the primary concern with respect to declining murrelet populations
is loss of nesting habitat. The Service's evaluation of the effects of
actions in the terrestrial environment focuses on the impacts to the
species' nesting habitat, although take of murrelets is also addressed.
With respect to the marine environment the Service is primarily
concerned with mortality issues.
Activities or events that adversely affect marbled murrelets at sea
seem to be more associated with the mortality of individual birds than
with long-term destruction or adverse modification of habitat. For
example, gillnet fisheries result in incidental capture of murrelets,
but may not significantly adversely affect the prey base. Murrelets
appear to forage opportunistically on available fish, and are likely
able to respond to minor changes in fish abundance and location.
Murrelets are also adversely affected by spills of oil and other
pollutants. Although these events undoubtedly harm the murrelet prey
base, their principal adverse impact is the death of birds in the area
of the event. The effects of these events on the murrelet prey base are
somewhat more difficult to predict than are the effects on any
murrelets that happen to be in the area. The Service's assessments of
these events typically relies upon an assessment of the mortality issue
rather than an assessment of habitat issues such as prey base.
Many of the threats specifically result in the loss of individuals
through death or injury. Such effects related to projects authorized,
funded, or carried out by a Federal agency can and should be considered
under section 7 of the Act. The Service will continue to monitor marine
threats and may propose marine critical habitat in the future if
warranted.
Changes From the Supplemental Proposal
The Service reviewed public comments, information on forest stands
provided by landowners during the public comment period, aerial
photographs, and updated GIS data. The Service dropped areas and
corrected
[[Page 26267]]
area descriptions accordingly. Generally, the corrections were
relatively minor adjustments to boundary lines.
A number of proposed units in southwest Washington on private and
State lands were reduced in size if it was determined that: (1) primary
constituent elements were not present or, (2) the area removed was not
considered necessary for the conservation of the species. The north
portion of Capital Forest (WA-04-a) was removed because of the lack of
primary constituent elements, coupled with high levels of motorized
recreational use that further reduce habitat potential.
In Oregon, the Elliott State Forest was originally proposed for
designation as critical habitat. The State of Oregon has since
completed the Elliott State Forest Habitat Conservation Plan that
includes provisions for the marbled murrelet and received an incidental
take permit. This permit describes how the area will be managed for
murrelets. Therefore, the Service has removed this area from the final
designation.
On Federal lands in Oregon, the Service included approximately 100
acres and deleted approximately 300 acres of land on the Siuslaw
National Forest at the request of the Forest Service. This change
reflects a land exchange intended to protect marbled murrelet occupied
sites. The Service deleted areas managed by the Siskiyou National
Forest (portions of subunits OR-07-e and OR-07-f); and the Eugene,
Roseburg and Medford Districts of the Bureau of Land Management
(subunits OR-04-h, and portions of subunits OR-06-d, OR-04-f, and OR-
04-I) based on survey information provided by the agencies during the
public comment period. Survey information included the location and
results (positive and negative) of murrelet surveys in the eastern
portion of these areas. The survey locations were based on planned
timber sales and habitat-based surveys in many areas, rather than a
statistically designed study to determine the inland distribution of
marbled murrelets. Therefore, the Service was only able to utilize the
survey information in critical habitat units where the survey effort
was greatest. The Service interprets lack of detections or occupied
sites, when coupled with habitat information, to indicate that these
areas are currently likely to support much lower densities of murrelets
than areas closer to the coast. The Service does not consider these
survey data to be sufficient at this time to define the full inland
distribution of murrelets in these areas and does not propose to change
the murrelet zones used in the Northwest Forest Plan.
In California, some portions of proposed critical habitat on
private and Federal lands in the Siskiyou Coast Range Zone (unit CA-10-
b and the east half of unit CA-10-a) and on city and state lands in the
Santa Cruz Mountains Zone were dropped based on information provided by
the landowners and land management agencies or other new information
available to the Service. These areas were dropped because the Service
determined that they did not contain the primary constituent elements
or were not considered essential to the conservation of the species.
All of Golden Gate National Recreation Area was dropped based on
information provided by the National Park Service indicating that the
Federal government owns the timber rights to any potentially suitable
murrelet habitat within the area. After reviewing this information, the
Service has determined that Federal lands within the Golden Gate
National Recreation Area do not require special management.
Portions of primary constituent element (3) from the supplemental
rule (forested areas of at least one-half the site-potential tree
height regardless of the presence of potential nest platforms) have
been incorporated into primary constituent element (2) in the final
rule, and the remainder dropped. Forested areas surrounding nest trees
were retained because they likely contribute to successful reproductive
efforts by providing the microclimate suitable for maintaining nest
tree characteristics and potentially reducing predation. The
contribution of forested areas to successful reproduction likely
decreases with increasing distance from the nest tree and at some
distance the contribution becomes indistinguishable. Raphael et al.
(1995) found an increased chance of occupancy in landscape conditions
with increased amounts of large saw timber and old growth components
within a 0.8 km (0.5 mile) radius circle. Specific studies are lacking
to document the value of forested conditions to marbled murrelet
nesting beyond the 0.8 km (0.5 mile) radius. Therefore, until these
studies are completed, it is the best professional judgement of Service
biologists that forested conditions within 0.8 km (0.5 mile) of a
potential nest tree contribute more significantly to successful
reproduction than those beyond this area and the Service has changed
the primary constituent elements accordingly.
Congressionally Withdrawn Areas
Congressionally Withdrawn Areas (e.g., wilderness areas and
national parks) are limited in the range of the marbled murrelet in
Washington, Oregon, and California. Few wilderness areas are within the
flight distance of marbled murrelets from the marine environment,
although those that are provide crucial contributions to the
conservation of the species. Wilderness areas and national parks
contain approximately 302,000 hectares (747,000 acres) of marbled
murrelet nesting habitat, representing 29 percent of the suitable
nesting habitat on Federal lands in the range of the marbled murrelet.
However, a substantial portion of the remainder of these areas is
incapable of producing marbled murrelet nesting habitat because of
forest composition, lack of forest cover, elevation, and other
constraints. By themselves, Congressionally Withdrawn Areas are
incapable of supporting stable and interactive populations of marbled
murrelets.
Marbled murrelet habitat in congressionally designated wilderness
areas, national parks, national monuments (natural areas), and national
wildlife refuges is generally managed by statutory requirements to
protect natural ecosystems and for the benefit of wildlife. Thus,
habitat in these areas does not require special management
consideration or protection. For example, a potential highway
realignment through the Redwood National Park in northern California
could result in the removal of occupied habitat. The Park's statutory
authority and general management goals, however, are considered
adequate to conserve the species without the additional designation of
critical habitat.
However, not all Congressionally Withdrawn Areas are managed in
this manner. For example, some national recreation areas may not be
managed to maintain older forest habitats or may face external actions
(e.g., outside ownership of mineral or timber rights) which may
threaten marbled murrelet habitat within the area. One congressionally
withdrawn area in California, the Golden Gate National Recreation Area,
was proposed for designation. Area staff indicated that potential
marbled murrelet habitat within the area might still be subject to
timber harvest and loss, because the National Park Service does not
control rights to the standing timber on some parts of the recreation
area. During the public comment period the National
[[Page 26268]]
Park Service was able to verify that any lands where timber rights may
not be secure do not contain potentially suitable marbled murrelet
habitat. Therefore the Recreation Area was dropped from designation
because murrelet habitat within the area no longer needs special
management consideration or protection beyond the area's existing
statutory requirements.
Several other congressionally designated areas were considered
important to recovery of the marbled murrelet because of their location
within the range of the species and presence of suitable nesting
habitat, but are not designated because they do not require special
management in light of their existing statutory requirements. These
include: (1) North Cascades, Olympic, and Mount Rainier National Parks;
Willapa National Wildlife Refuge; Mount Saint Helens National Volcanic
Monument; Mount Baker, Noisy Diobsud, Glacier Peak, Boulder River,
Henry M. Jackson, Alpine Lakes, Clearwater, Norse Peak, Glacial View,
Tatoosh, Buckhorn, The Brothers, Mount Skokomish, Wonder Mountain, and
Colonel Bob Wilderness Areas in Washington; (2) Drift Creek, Cummins
Creek, Rock Creek, Grassy Knob, Wild Rogue, and Kalmiopsis Wilderness
Areas in Oregon; and (3) the Kalmiopsis, Siskiyou, and Trinity
Wilderness Areas; Muir Woods National Monument and Point Reyes National
Seashore in California. Portions of the Smith River National Recreation
Area in California were not included because they did not contain high-
quality nesting habitat. External threats in these areas are very
limited, management goals are generally adequate to conserve the
species, and these areas do not require special management
consideration or protection beyond their individual statutory
authorities.
Economic Analysis Summary
Section 1(b)(2) of the Act requires the Service to consider the
economic and other relevant impacts of specifying any particular area
as critical habitat. The Secretary may exclude areas from critical
habitat if the benefits of exclusion outweigh the benefits of including
the area in critical habitat, unless failure to designate a specific
area would result in extinction of the species. The Service contracted
with ECONorthwest, a consulting firm in Eugene, Oregon, to conduct an
economic analysis of the potential economic effects of designating
critical habitat for the marbled murrelet. As required by the Act, the
report addresses only the incremental economic consequences of the
proposed critical habitat. It does not address the consequences of
listing the species or other actions that have been proposed or taken
to protect marbled murrelets prior to this designation.
The habitat covered by the designation plays a complex role in the
regional economy by producing multiple, valuable goods and services,
including: the marbled murrelet itself; other species, including
salmon; fresh water; recreational opportunities; and timber. The data
regarding the designation's impacts on some of these goods and services
are not sufficient to support a detailed conclusion about whether the
proposed designation would result in net economic benefits or costs.
Evidence indicates, however, that the designation's economic benefits
largely offset, and may even outweigh, its economic costs. The overall
net effect is expected to be close to zero.
The designation will have few immediate and direct impacts on the
economy. The primary effect of critical habitat is through the section
7 requirement for Federal agencies to avoid the destruction or adverse
modification of critical habitat through actions they fund, permit, or
carry out. The Service, with information provided by the cooperating
Federal agencies, has determined that the designation of critical
habitat for the marbled murrelet is not likely to significantly
restrict the activities of any Federal agency, whether on Federal or
non-federal lands. In particular, although the designation will
reinforce the efforts of the Forest Service and Bureau of Land
Management to protect and enhance the terrestrial habitat of the
marbled murrelet, it will not cause these agencies to manage Federal
lands in a manner that will have immediate, direct impacts on the flow
of timber and other goods and services from these lands.
For non-federal landowners with lands included in this designation,
the primary potential for an impact of critical habitat will be on
actions that require a Federal permit or involve Federal funding. One
of these activities is the issuance of incidental take permits under
section 10(a) of the Act. The Service works with landowners, at their
request, in the development of the HCP required for issuance of the
permit to allow activities to proceed while minimizing and mitigating
for impacts to listed species. The Service consults under section 7 on
the issuance of the permit, to ensure the permit will not jeopardize
the species or adversely modify critical habitat. The Service has
defined critical habitat for marbled murrelets to exclude lands covered
by a legally-operative incidental take permit for the species,
including marbled murrelet incidental take permits that may be issued
subsequent to the designation. Other permitting or funding agencies
have indicated that they do not expect critical habitat to have a
significant effect on permits or funding.
The designation may, however, lead to changes in the actions of the
Washington Department of Natural Resources (WDNR), which is required by
State regulations to take Federal critical habitat designations into
account when assessing applications for permits to conduct logging and
other activities. These regulations require WDNR to scrutinize more
thoroughly the potential impacts on all aspects of the environment--
natural, recreational, cultural, and infrastructural--when a proposed
activity will occur inside designated critical habitat. However,
marbled murrelet critical habitat is defined to exclude areas covered
by marbled murrelet incidental take permits. Washington State Forest
Practices regulations exclude areas covered by a marbled murrelet
incidental take permit from this requirement.
The economy most directly affected by the designation--western
Washington, western Oregon, and northwestern California--is highly
diversified and growing rapidly. Any potential loss of jobs should be
compensated for by other employment opportunities as has happened over
the last 15 years in this area. Markets are expected to respond
quickly, whatever the designation's impacts on the timber industry. The
designation is unlikely to cause any change in the prices of timber and
derivative products.
Summary of the Exclusion Process
Under section 4(b)(2) of the Act, the Secretary may exclude any
area from critical habitat if he determines that the benefits of such
exclusions outweigh the benefits of specifying such areas as part of
the critical habitat, unless he determines that the failure to
designate such areas will result in the extinction of the species
concerned. To determine whether to include or exclude an area, the
Service has analyzed the economic and conservation benefits of
retaining or excluding critical habitat areas, and weighed those
benefits.
The economic analysis focused on Federal agencies because the
primary impact of critical habitat occurs through a Federal nexus. For
the supplemental proposed rule, the Service contacted all Federal
agencies operating within the range of the murrelet in Washington,
Oregon, and California. The Service
[[Page 26269]]
discussed the potential effects of critical habitat and the various
regulatory activities of the agencies, to assist in determining whether
the proposed designation would have a potential to affect the agency's
actions, including funding and permitting activities on non-federal
lands. Each agency contact was sent a questionnaire requesting
information on the potential impacts of the designation on any projects
or activities funded, permitted, or carried out by their agency,
followed by personal contact. Follow-up contacts were made with the
various agencies to answer any additional questions. For the final
rule, updates were requested.
Several portions of critical habitat were dropped from the proposed
rule due to new information made available to the Service during the
public comment period. Because the effects of critical habitat
designation vary by ownership and State regulation, the Service
evaluated the effect of the designation on areas defined by state and
ownership, beginning with critical habitat areas on Federal land in the
three States. Federal lands are managed under the same requirements,
through the Northwest Forest Plan. Therefore, potential effects of
critical habitat are similar for all these lands. Baseline condition of
Federal lands was established in the Northwest Forest Plan.
Within each state, the Service examined the potential effects of
critical habitat on the various ownerships and areas defined by
differences in the baseline condition. Effects examined included any
potential effects where Federal permits or funding were involved. In
addition, any effects of state regulations that tier to Federal
critical habitat were examined.
Based on the impacts revealed by the economic analysis summarized
above, and careful examination of the conservation benefits of the
critical habitat units, the Service has determined that the overall
conservation and other benefits to be gained from the designation
outweigh the benefits of excluding any remaining areas. Therefore, the
Service did not exclude any areas during this process and has made a
final determination to designate critical habitat for the marbled
murrelet. A copy of the economic analysis and description of the
exclusion process with supporting documents are included in the
Service's administrative record.
Effects of the Designation
This designation of critical habitat for the marbled murrelet
identifies 32 critical habitat units encompassing approximately
1,573,340 hectares (3,887,800 acres) of Federal and non-Federal lands
based on information available in the Interagency Geographic
Information System (GIS). Twenty-two critical habitat units include
State, county, city, or private lands. See Table 1.
Table 1.--Designated Critical Habitat by State, Ownership, and Land
Allocation
------------------------------------------------------------------------
Hectares Acres
------------------------------------------------------------------------
Washington:
Federal Lands:
Congressionally Withdrawn Lands. 740 1,800
Late-Successional Reserves...... 485,680 1,200,200
Non-Federal Lands:
State Lands..................... 172,720 426,800
Private Lands................... 1,020 2,500
Oregon:
Federal Lands:
Late-Successional Reserves...... 541,530 1,338,200
Non-Federal Lands:
State Lands..................... 70,880 175,100
County Lands.................... 440 1,100
Private Lands................... 350 900
California (Northern):
Federal Lands:
Late-Successional Reserves...... 193,150 477,300
Non-Federal Lands:
State Lands..................... 71,040 175,500
Private Lands................... 16,360 40,400
California (Central):
State Lands..................... 14,080 34,800
County Lands.................... 3,230 8,000
City Lands...................... 400 1,000
Private Lands................... 1,720 4,200
------------------------------------------------------------------------
Some small areas of naturally occurring or human-created unsuitable
habitat (i.e., areas that have never been or will likely never be
marbled murrelet nesting habitat, such as alpine areas, water bodies,
serpentine meadows, lava flows, airports, roads, buildings, parking
lots, etc.) are inside the boundaries of critical habitat units but are
not affected by the designation because they do not contain primary
constituent elements. Where possible, these areas were not included
within the critical habitat boundaries and acreage totals were adjusted
to reflect the exclusion of this non-suitable habitat. However, many of
these areas are small and could not be physically identified on the GIS
maps. Current mapping information does not allow precise identification
of the location of all forest areas containing primary constituent
elements. This is particularly true for potential nest trees. These
trees are often a small component of the forest stands and are not
recorded on many timber-oriented data systems. The Service used the
best existing data to locate the forest areas most likely to contain
the primary constituent elements. Where possible in the time frame
available, the Service refined the boundaries of the critical habitat
units to eliminate significant identified areas that do not contain one
or more of the primary constituent elements based on the best data
available.
Efforts by Federal agencies to survey for marbled murrelets have
been concentrated in areas of proposed
[[Page 26270]]
timber sales or limited research locations. A small fraction of
suitable nesting habitat has been surveyed to date, and surveys have
not been uniformly spread throughout the range of the species.
Therefore, known occupied sites provide only a partial indication of
the areas used by the species. In addition, there are a significant
number of known occupied sites within Redwood National Park that are
not currently on the database and are therefore not reported here. The
designated critical habitat includes 695 (86 percent) of the 807 known
occupied sites on Federal lands.
The Service had limited information about the amount of suitable
nesting habitat or habitat containing one or more of the primary
constituent elements on non-Federal lands within the species' range.
The Service relied on analysis of satellite imagery that does not
identify small features such as potential nest trees. The Service is
aware of at least 354 known occupied sites on non-Federal lands, of
which 218 (61 percent) are included within critical habitat. Several of
the occupied sites outside of critical habitat are within the Elliott
State Forest, which is operating under an active incidental take permit
for murrelets. The Service did receive specific and detailed
information in the public comments from some non-Federal landowners
relative to the forest condition on their lands. Based on this
information, the Service has removed from the designation lands that
are unlikely to contain either primary constituent element.
Available Conservation Measures
Two of the principal purposes of the Act, as stated in section
2(b), are to provide a means to conserve the ecosystems upon which
endangered and threatened species depend and to provide a program for
the conservation of listed species. The Act mandates the conservation
of species through several different mechanisms, such as section 7
(requiring Federal agencies to ensure that their actions will not
likely jeopardize the continued existence of the listed species or
result in the destruction or adverse modification of critical habitat);
section 9 (prohibition of taking of listed species); section 10
(habitat conservation plans); and section 6 (cooperative State and
Federal grants).
Recovery Planning
Designation of critical habitat does not offer specific direction
for managing marbled murrelet nesting or foraging habitat and does not
provide a management or conservation plan for the species. Guidance for
conservation is generally provided in recovery plans, which usually
include management recommendations for designated critical habitat. The
Service continues to work closely with the Marbled Murrelet Recovery
Team relative to critical habitat.
Recovery planning is an ``umbrella'' that guides conservation
activities under the Act and promotes a species' conservation. Recovery
plans provide guidance, which may include population goals and
identification of areas that are in need of protection or special
management. Recovery plans also include management recommendations for
areas proposed or designated as critical habitat. Critical habitat
promotes recovery by highlighting areas that should be given additional
consideration in local planning processes. Critical habitat helps focus
conservation activities by identifying areas that contain essential
habitat features (primary constituent elements) and that may require
special management or protection. Critical habitat complements recovery
plans by providing a regulatory mechanism when a Federal nexus is
present to increase immediate protection of primary constituent
elements and essential areas and preserve options for the long-term
conservation of the species.
Section 7 Consultation
Section 7(a)(2) of the Act requires Federal agencies to insure that
activities they authorize, fund, or carry out are not likely to destroy
or adversely modify designated critical habitat. This Federal
responsibility accompanies, and is in addition to, the requirement in
section 7(a)(2) of the Act that Federal agencies insure that their
actions are not likely to jeopardize the continued existence of any
listed species. A Federal agency must consult with the Service if its
proposed action may affect a listed species or critical habitat.
Regulations implementing this interagency cooperation provision of the
Act are codified at 50 CFR 402.
Destruction or adverse modification of critical habitat is defined
as ``* * * a direct or indirect alteration that appreciably diminishes
the value of critical habitat for both the survival and recovery of a
listed species. Such alterations include, but are not limited to,
alterations adversely modifying any of those physical or biological
features that were the basis for determining the habitat to be
critical.'' 50 CFR 402.02. Jeopardy is defined at 50 CFR 402.02 as any
action that would be expected to reduce appreciably the likelihood of
both the survival and recovery of a listed species in the wild. The
scope of analysis for evaluating the impacts of an activity on marbled
murrelet critical habitat is the broadly defined unit and conservation
zone, not each individual acre. The designation of critical habitat
does not create de facto wilderness or prohibit all human activities
within the boundaries. Many activities may take place in critical
habitat without resulting in the destruction or adverse modification of
the critical habitat.
Section 10 Incidental Take Permits (Habitat Conservation Plans)
Section 10(a) of the Act authorizes the Service to issue permits
for the taking of listed species incidental to otherwise lawful
activities. Incidental take permit applications must be supported by a
habitat conservation plan (HCP) that identifies conservation measures
that the permittee agrees to implement for the species to minimize and
mitigate the impacts of the requested incidental take. The issuance of
an incidental take permit is a Federal action and is subject to the
consultation requirements of section 7 of the Act. The Service cannot
issue an incidental take permit if the HCP would jeopardize any listed
species, or destroy or adversely modify any critical habitat.
The Service expects that critical habitat may be used as a tool to
help identify areas within the range of the murrelet most critical for
the conservation of the species and the Service will encourage
development of HCPs for such areas on non-federal lands. The Service
considers HCPs to be one of the most important methods through which
non-Federal landowners can resolve endangered species conflicts. The
Service provides technical assistance and works closely with applicants
throughout the development of HCPs to help identify special management
considerations for the murrelet. Several HCP efforts are currently
underway in areas designated as murrelet critical habitat in
Washington, Oregon, and California.
HCPs, coupled with Federal management under the Northwest Forest
Plan, provide an opportunity to develop a package of sufficient
management considerations that meet or enhance the conservation of the
species. Thus, they may remove the need for special management
consideration or protection, thereby removing the need to designate
such areas as critical habitat. Therefore, any lands within critical
habitat that are covered by a legally-operative incidental take permit
for marbled murrelets based on an approved HCP that addresses
conservation of the marbled murrelet are excluded from the critical
habitat
[[Page 26271]]
while the permit is active. The State of Oregon is currently operating
under an incidental take permit for murrelets on the Elliott State
Forest, therefore this area has been excluded from critical habitat.
Basis for Section 7 Analysis
Designation of critical habitat focuses on the primary constituent
elements within the designated habitat units and their contribution to
the species' survival and recovery. The evaluation of actions that may
affect critical habitat for the marbled murrelet would consider the
effects of a Federal action on any of the factors that were the basis
for determining the habitat to be critical, including the primary
constituent elements of potential nest trees and surrounding forest.
The range of the marbled murrelet has been subdivided by the
Recovery Team into six Marbled Murrelet Conservation Zones (USFWS
1995a), as discussed in the Previous Management Efforts section. These
subdivisions were not based on identification of separate populations
of marbled murrelets, but rather on the need for potentially different
recovery actions in various portions of the marbled murrelet's range,
and the need to maintain well-distributed populations. Marbled
murrelets within the conservation zones are likely to interact across
zone boundaries at some level.
For a wide-ranging species such as the marbled murrelet, where
multiple critical habitat units are designated, each unit has a
regional (conservation zone) and range-wide role in contributing to the
conservation of the species. The basis for an adverse modification
opinion would be whether a proposed action appreciably reduces the
ability of critical habitat to function in achieving the regional
conservation zone goals. In evaluating the effect of a proposed action,
the Service will analyze the impacts to individual units in light of
their overall contribution to the survival and recovery of murrelets in
the conservation zone described in the Previous Management Efforts
section, and the overall range of the marbled murrelet in Washington,
Oregon, and California. Thus, an adverse modification finding would be
based upon a broader inquiry than the mere assessment of adverse
effects at the local unit level. The loss of populations throughout one
or more conservation zones, or even a major part of a conservation
zone, could lead to genetic and demographic isolation of parts of the
population.
Examples of Proposed Actions
Section 4(b)(8) of the Act requires, for any proposed or final
regulation concerning critical habitat, a brief description and
evaluation of those activities (public or private) that may adversely
modify such habitat or may be affected by the critical habitat
designation. Regulations found at 50 CFR 402.02 define destruction or
adverse modification of critical habitat as a direct or indirect
alteration that appreciably diminishes the value of critical habitat
for both the survival and recovery of a listed species. Such
alterations include, but are not limited to, alterations adversely
modifying any of those physical or biological features that were the
basis for determining the habitat to be critical.
A variety of ongoing or proposed activities that disturb or remove
primary constituent elements may adversely affect, though not
necessarily ``adversely modify'' marbled murrelet critical habitat as
that term is used in section 7 consultations. Examples of such
activities include, but are not limited to, (1) forest management
activities which greatly reduce stand canopy closure, appreciably alter
the stand structure, or reduce the availability of nesting sites; (2)
land disturbance activities such as mining, sand and gravel extraction,
construction of hydroelectric facilities and road building, and (3)
harvest of certain types of commercial forest products (e.g. moss).
These activities have the following effects on the primary constituent
elements of murrelet critical habitat:
(1) Removal or degradation of individual trees with potential
nesting platforms, or the nest platforms themselves, that results in a
significant decrease in the value of the trees for future nesting use.
Moss may be an important component of nesting platforms in some areas.
(2) Removal or degradation of trees adjacent to trees with
potential nesting platforms that provide habitat elements essential to
the suitability of the potential nest tree or platform, such as trees
providing cover from weather or predators.
(3) Removal or degradation of forested areas with a canopy height
of at least one half the site-potential tree height and regardless of
contiguity, within 0.8 km (0.5 mile) of individual trees containing
potential nest platforms. This includes removal or degradation of trees
currently unsuitable for nesting that contribute to the structure/
integrity of the potential nest area (i.e., trees that contribute to
the canopy of the forested area). These trees provide the canopy and
stand conditions important for marbled murrelet nesting.
For a proposed action to result in the destruction or adverse
modification of critical habitat, it must appreciably diminish the
value of critical habitat for both the survival and recovery of a
listed species in the affected conservation zone. Each proposed action
requiring a section 7 consultation must be evaluated individually, in
light of the baseline condition of the critical habitat unit and
conservation zone, unique history of the area, and effect of the impact
on the critical habitat unit in light of its regional and range-wide
role in the conservation of the species. Activities that are acceptable
in one critical habitat unit or conservation zone may cause serious
effects in another, due to differences in current condition and
conservation needs. Therefore, the Service cannot provide, in this
rule, a detailed description of the threshold for future actions that
would result in the destruction or adverse modification of critical
habitat applicable throughout the range of the species.
A variety of activities would not affect the primary constituent
elements and therefore would not adversely modify critical habitat.
Such activities would include, but are not limited to, certain
recreational use and personal-use commodity production (e.g., mushroom
picking, Christmas tree cutting, rock collecting, recreational fishing
along inland rivers) and certain commercial commodity production (e.g.,
mushroom picking, brush picking). Actions that affect forest stands not
within 0.8 km (0.5 miles) of individual trees with potential nesting
platforms (are not primary constituent elements) also would not
adversely modify critical habitat, even if they are within the
boundaries of the area designated as critical habitat.
Activities that do not affect the primary constituent elements in
the forests are unlikely to be affected by the designation. However,
even though an action may not adversely modify critical habitat, it may
still affect marbled murrelets (e.g. through disturbance) and may,
therefore, still be subject to consultation under section 7 of the Act.
Activities conducted according to the standards and guidelines for
Late-Successional Reserves, as described in the ROD for the Northwest
Forest Plan would be unlikely to result in the destruction or adverse
modification of marbled murrelet critical habitat. Activities in these
areas would be limited to manipulation of young forest stands that are
not currently marbled murrelet nesting habitat. These forest management
activities would be
[[Page 26272]]
conducted in a manner that would not slow the development of these
areas into future nesting habitat, and should speed the development of
some characteristics of older forest.
Summary of Comments and Recommendations on the Supplemental Proposed
Rule
In the August 10, 1995, supplemental proposed rule for designation
of marbled murrelet critical habitat, the Service requested all
interested parties to submit information and comments concerning the
proposal. Additional comments were received at five public hearings
held on the supplemental proposed rule in Washington, Oregon, and
California.
During the public comment period, the Service received 339 written
comments. In addition, 60 people testified at the public hearings. All
comments received are part of the record for this designation and are
available for public review. Issues raised during the public comment
period that were not addressed in the body of the final rule are
discussed next.
Legal/Policy
Issue 1: Two commenters questioned whether the language of a
temporary injunction granted by Judge Chesney of the United States
District Court for the Northern District of California expanded the
scope of activities subject to consultation under section 7 of the Act,
and therefore the impact of critical habitat on non-federal lands.
Service Response: Judge Chesney ruled that there was a serious
question as to whether the Service's advice to a timber company, that
proposed logging would not result in take of the marbled murrelet in
violation of section 9 of the Act, was an action subject to section 7
consultation. On May 7, 1996, the U.S. Court of Appeals for the Ninth
Circuit reversed Judge Chesney's ruling and concluded that the
Service's advice to a private entity on compliance with section 9 is
not an action subject to section 7. Marbled Murrelet v. Babbitt, No.
95-16945 (9th Cir.).
A Federal nexus refers to a situation where a Federal agency
authorizes, funds, or carries out an action.
Issue 2: One commenter questioned whether the acceptance of Federal
funding for a project on a portion of a State forest would create a
Federal nexus for all activities on the forest.
Service Response: The Federal nexus would apply only to the funded
activity and related actions. Actions that are interrelated and
interdependent with the federally-funded activity would be considered
in the biological opinion and could be subject to modification. Any
modifications suggested by the Service would, for a non-jeopardy/non-
adverse modification action, be confined to ``minor'' changes which
would still allow the goals and intent of the project to be met. Other
unrelated actions would not be covered in the consultation.
Issue 3: Several commenters questioned the statement that critical
habitat designation would not affect activities on State, local, or
private lands unless there is a Federal permit, license, or funding
involved, citing potential impacts of the designation through State
laws.
Service Response: During the public comment period, the Service
sought and received additional information on the potential impact of
critical habitat designation resulting from State laws and regulations.
The potential impacts vary by state. See the Role in Species
Conservation section for a detailed discussion of the effects by state.
Issue 4: Several commenters recommended that the Service postpone
issuing a final rule until additional studies are conducted and better
information on the species' biology and threats is available. Other
commenters suggested that the Service should seek new information
before adopting a final rule.
Service Response: The Service is required to use the best available
information in designating critical habitat. The Service is under court
order to complete the designation of murrelet critical habitat by May
15, 1996. The Service did solicit new biological data and public
participation during the comment period and public hearings on the
revised proposed rule. The Service will continue to monitor and collect
new information and may revise the critical habitat designation in the
future if new information supports a change.
Issue 5: Several commenters raised issues already addressed in the
supplemental proposed rule for the designation of critical habitat for
the marbled murrelet (60 FR 40892). These include issues related to the
listing of the species, the potential for critical habitat to result in
the ``take'' of private lands, access across critical habitat, the need
for an Environmental Impact Statement, and questions on the
prehistorical condition of habitat in the Oregon Coast Ranges.
Service Response: The Service incorporates by reference its
responses to these issues contained in the supplemental proposed rule
(60 FR 40892). No new information was provided that would result in any
significant changes to the responses in the supplemental proposed rule.
Issue 6: One commenter maintained that the Service failed to
distinguish recovery objectives from the designation of critical
habitat.
Service Response: In the revised proposed rule, the Service
provided information on the link between recovery and critical habitat.
The areas designated as murrelet critical habitat conform to the Act's
requirements for critical habitat designations. Critical habitat
includes the areas ``essential to the conservation of the species'' (16
USC 1532(5)(A)). Conservation is defined in the Act as actions
necessary to promote recovery of the species (16 USC 1532(3)).
Therefore, critical habitat is linked to recovery.
The commenter also confused the issuance of a ``no jeopardy''
biological opinion on the Northwest Forest Plan with conservation of
the murrelet throughout three-state range. The biological opinion on
the Northwest Forest Plan addressed only the impacts on Federal lands.
Conservation of the murrelet has to be analyzed more broadly.
Issue 7: One commenter maintained that the Service failed to
provide reasoned explanation for changes between the first and second
proposals.
Service Response: The Service addressed the basis and rationale for
the differences in the supplemental proposed rule (60 FR 40892). In the
first proposal, the Service had indicated that some revisions might be
necessary and had requested information to assist the Service in making
changes.
Issue 8: One commenter suggested that the Service provide a method
to correct legal descriptions without going through the formal rule-
making process. Other commenters suggested that the Service specify
that lands traded from public to private ownership be excluded from
critical habitat once the trade is complete. Several commenters
believed that failure to exclude traded areas would effectively halt
the land exchanges.
Service Response: A rule designating critical habitat is required
to contain a sufficient description of areas designated to allow
persons to determine whether a particular segment of land is included
or excluded. If corrections or clarifications become necessary, the
Service will make them.
Areas were chosen because of their value to the conservation of the
marbled murrelet. The Service conducts section 7 consultation on any
land exchange that may affect critical habitat. During the consultation
process, the Service considers the conservation value of the
[[Page 26273]]
areas acquired, as well as the potential effects of the lands traded in
determining whether the action as a whole would destroy or adversely
modify critical habitat. Even in the event that a proposed exchange
would result in the destruction or adverse modification of critical
habitat, the Service will work with the action agency and any
applicants to craft reasonable and prudent alternatives that would
allow the action to proceed.
Changes in ownership do not by themselves change an area's status
as critical habitat. If a portion of land is moved from Federal to non-
Federal ownership, the effects of the designation may change.
Regardless of the original ownership, activities on non-Federal lands
are likely to be affected by the designation only when there is a
Federal nexus or where State law is triggered by the Federal
designation.
Issue 9: One commenter charged that the Service did not use the
best scientific information. The commenter interpreted the Act to allow
and require the use of only data, not theories or interpretations of
the data.
Service Response: The Service believes it has used the best
scientific information available, and will continue to review new
information as it arises. The Service reviewed all information provided
by commenters on the supplemental rule to determine if it supported
alternative conclusions. Science involves not only the use of raw data,
but the hypotheses, theories, and interpretations derived from those
data. Failure to use such information would be contrary to good
scientific practice and would not satisfy the Act's requirements. The
commenter provided several specific examples, which have been addressed
in the ``Ecological Considerations'' section as well as the Biological
Issues in this section of the rule.
Issue 10: One commenter contends that the Service erred by
designating areas not ``occupied by murrelets at the time of listing.''
The commenter asserts that on September 28, 1992 (the time of listing),
the species had completed nesting and were all on the ocean, therefore
no nesting habitat could be considered occupied at the time of listing.
Service Response: The commenter's interpretation of ``geographical
areas occupied by the species at the time of listing'' is erroneous.
The commenter appears to have confused the definition of ``occupied''
in the Pacific Seabird Protocol (designed to determine potential
breeding by birds located in a specific area in a specific year) with
the biological determination of species occupancy. Biologists consider
all areas used by members of a species, regardless of life stage or
season, as within the occupied range of the species.
Issue 11: One commenter suggested that the legal descriptions of
critical habitat in areas of intermingled Federal ownership should
specifically exclude the non-Federal lands through description, rather
than by definition.
Service Response: In the supplemental proposed rule, the Service
specified the ownerships included in the designation for each area
described. Within Federal LSRs, only Federal lands are included by
definition, thereby excluding any non-federal lands. In addition, only
lands that contain the primary constituent elements are included by
definition. This approach satisfies the requirements of the Act. The
Service continues to work on improving the descriptions of critical
habitat units. We appreciate the specific information provided by
private landowners on their ownerships within the Federal and State
lands designated. However, in this court-ordered final designation, the
Service has included and excluded areas by definition.
Issue 12: One commenter maintained that the Service had ignored the
presence of marbled murrelet habitat in Congressionally-withdrawn
areas, thereby increasing the area of non-Federal lands designated as
critical habitat.
Service Response: The Service is cognizant of the murrelet habitat
in lower-elevation, Congressionally-withdrawn areas, including Redwood
National Park. The Service assumes these areas will retain murrelet
habitat based on the statutory requirements applicable to these areas
and considered this in its designation of murrelet critical habitat.
Issue 13: Several commenters suggested that the rationale for
excluding Congressionally-withdrawn lands from designation as critical
habitat should also apply to the Late-Successional Reserves under the
Northwest Forest Plan because these areas were being managed to provide
old-growth habitat.
Service Response: Congressionally-withdrawn lands are designated by
statute, which secures their status. Any change to their management
requires an act of Congress. Those areas designated for management in a
manner consistent with murrelet conservation are expected to remain so.
Therefore, there is no added value to designating them as critical
habitat. In contrast, plan-level designations, such as Late-
Successional Reserves, are reviewed and revised periodically (at least
every 10-15 years), and therefore do not have the secure status of
Congressionally-withdrawn areas. Critical habitat designation serves to
remind future planners of the importance of these areas to the
conservation of the marbled murrelet. Therefore, designation of these
areas as critical habitat is valuable, even if current management is
consistent with murrelet conservation.
Issue 14: Several commenters suggested that the explanation for the
exclusion of Tribal lands, Congressionally-withdrawn areas, and marine
habitat could also be applied to all terrestrial critical habitat.
Service Response: The Service discussed of the reasons for each of
these exclusions in the final rule. A major consideration in the
exclusion of Tribal lands were factors related to the Federal
government's trust responsibilities and government to government
relationships with Native American tribes. Congressionally-withdrawn
lands have special and statutory designations that provide management
protection for wildlife.
In examining the information provided on marine habitat, the
Service identified two key components of the marine habitat that are
essential to the conservation of the murrelet, clean water and food.
Marine habitat is not generally subject to incremental and continuing
losses or removal as terrestrial habitat is. Threats in the marine
environment are often related to catastrophic events that cause loss of
individuals, not habitat. The primary identified threats to marine
murrelet habitat are pollution and toxic spills. Fishing does not
appear to be a threat to habitat at this time. Several laws regulate
activities that could result in pollution or toxic spills in the marine
environment that have no counterparts in the terrestrial environment,
and are briefly described in the Previous Management Efforts section.
Other marine concerns, such as the effect of El Nino and ocean
currents, are outside human control and would not be affected by the
designation of critical habitat. The Service will continue to monitor
the degree to which these and other regulatory measures ameliorate
identified threats and the need for special management consideration or
protection.
Issue 15: A number of commenters identified areas that they thought
should not be designated as critical habitat.
Service Response: If site-specific documentation on a site was
provided to the Service providing a rationale as to why an area should
not be designated
[[Page 26274]]
critical habitat, that information was evaluated and a determination
made as to whether modifications in the proposal were appropriate. For
example, habitat maps were provided by State and private landowners in
southwest Washington that allowed the Service to modify critical
habitat boundaries due to the absence of primary constituent elements.
Federal agencies in Oregon provided habitat and survey information that
allowed the Service to modify boundaries.
Issue 16: Some commenters suggested that the Service was breaching
the Memorandum of Understanding with the State of California signed in
1991 because the Service is designating non-Federal lands in
California.
Service Response: The Service chose non-Federal lands on the basis
of limited amounts of Federal lands in the vicinity that could support
a well-distributed population of marbled murrelets and on the basis of
the non-Federal land's contribution to recovery.
Issue 17: One commenter raised the question of the need to
designate private lands when they would never provide the large,
contiguous blocks of nesting habitat most desirable for marbled
murrelets.
Service Response: The Service acknowledges that private lands in
general do not have, nor will they probably have in the future, the
large contiguous blocks of habitat most desirable for the conservation
of the marbled murrelet. However, Federal lands, where large,
contiguous blocks of habitat could be developed, are lacking in
portions of the marbled murrelet's range. In these areas, critical
habitat units have been designated because smaller blocks of suitable
habitat on non-Federal lands are essential for maintaining the species'
range-wide distribution and numbers.
Issue 18: One commenter requested that we be more specific about
which, if any, gillnet fisheries create problems for marbled murrelets.
The commenter specifically stated that the Columbia River gillnet
fishery was not a fishery causing problems for marbled murrelets.
Service Response: The Service presently considers the Columbia
River gillnet fishery a very minor threat to marbled murrelets relative
to other fisheries, such as the Puget Sound commercial salmon fishery.
This is in part because of the very limited effort which now occurs in
this fishery. It is also because the Service recognizes that there are
currently few marbled murrelets present in the vicinity of the mouth of
the Columbia, although their historic presence in the area is well-
documented. However, while the observer program conducted from 1991-
1993 (Jeffries and Brown 1993) did not specifically describe any
entanglement of marbled murrelets, significant numbers of unidentified
alcids were entangled. Therefore, it cannot be stated conclusively that
the Columbia River gillnet fishery does not pose a threat to marbled
murrelets, particularly if fishing effort were to increase
dramatically.
Issue 19: One commenter stated that the economic analysis was
flawed because it failed to analyze the economic effects for each area
separately.
Service Response: The economic analysis for this critical habitat
designation is sufficient for consideration of the relevant impacts of
specifying particular areas as critical habitat.
Issue 20: Several commenters expressed the opinion that the Service
should consider the economic effects of critical habitat without
adjusting for the effects of the listing or the Northwest Forest Plan.
Service Response: The economic analysis is conducted to allow
informed consideration of the impacts of designating particular areas
as critical habitat. Areas may be excluded from critical habitat if the
benefits of excluding the area outweigh the benefits of including the
area, so long as the exclusion does not lead to the extinction of the
species. For this, the Service needs to determine the incremental
increase in economic effects from the designation. In the absence of
critical habitat, the listing of the species, other laws, and existing
Federal land management plans remain in effect. Therefore, to determine
the actual impact of a designation, the Service must determine the
effect that will occur with the designation above and beyond the
existing requirements. To attribute all economic effects of murrelet
conservation to critical habitat alone would not provide an accurate
assessment of the impacts of the designation.
Issue 21: Several commenters maintained that the removal of 4.4
million acres from the timber base would have severe economic impacts.
Other commenters addressed individual areas in a similar manner, making
the assumption that designation would stop all harvest.
Service Response: Critical habitat does not stop or prevent all
timber harvest or other activities on designated lands. In the absence
of a Federal nexus (funding, permitting, authorization, or action by a
Federal agency) or State regulations tiered to a designation, there is
no effect. Even with a Federal nexus, projects are not affected unless
they would appreciably diminish the value of critical habitat for both
the survival and recovery of the species. Whether a particular activity
will appreciably diminish the value of critical habitat will depend on
several factors, including the scope, magnitude, and location of the
activities, as well as the condition of the critical habitat unit and
the Marbled Murrelet Conservation Zone described by the Recovery Team
(USFWS 1995a). If the critical habitat areas in a zone are generally in
good condition, the potential for individual projects to diminish its
value is lower than where critical habitat in a zone is in poor
condition. Based on the application of previous designations,
significant adverse impacts to individual critical habitat areas may
not trigger the above threshold.
In addition, timber harvest in accordance with an approved HCP that
addresses marbled murrelets should also be unaffected by the present
determination of critical habitat, given the Service's intention to
defer to the special management considerations for the murrelet under
the HCP and the Service's exclusion of lands covered by an HCP from
critical habitat.
Issue 22: Some commenters disagreed with the use of sites
identified as occupied by marbled murrelets under the Pacific Seabird
Group protocol as a criterion for critical habitat designation, because
the commenters believe that some of the behaviors that resulted in
occupied status were not indicative of nesting. One commenter suggested
that ``the 1994 protocol dropped circling behavior from the definition
of occupied behaviors.
Service Response: The Service used all available information in the
selection of areas for designation as critical habitat. Survey
information was only one of the criteria considered in selecting areas
for proposed critical habitat designation. Survey results (including
occupied sites, marbled murrelet presence, and lack of detections) were
used as indicators of the presence/absence of marbled murrelets in
specific areas. However, survey efforts have been minimal in many
areas, and coverage of areas is discontinuous. Such information was of
limited use in designating critical habitat in portions of the range.
The 1994 protocol did not remove circling behavior from the
definition of occupied behaviors. In fact, both the 1993 (p. 11) (Ralph
et al. 1993) and 1994 (p. 12) (Ralph et al. 1994) versions of the
protocol include it under criteria indicating occupancy. This
relationship
[[Page 26275]]
has been statistically analyzed and verified. Under ``occupied stands''
(p. 13 and again on pg. 21) in the 1994 protocol, Ralph et al. (1994)
clearly state that birds circling above the canopy is a criterion
indicating occupancy. This conclusion was affirmed in the March 8, 1995
addendum to the 1995 protocol (Ralph et al. 1995c), as well as in a
signed declaration prepared by Dr. C.J. Ralph on September 27, 1995
(Ralph 1995).
Issue 23: Some commenters suggested that the Service designate
additional habitat to compensate for the loss of high quality occupied
murrelet nesting habitat that may be harvested as a consequence of
timber sales released by the so-called ``Salvage Rider'' (Public Law
104-19, Section 2001).
Service Response: The government's position is that section
2001(k)(2) of P.L. 104-19 expressly forbids the harvest of identified
nesting sites. The Federal District Court for the District of Oregon
disagreed with the government's position and directed the government to
release for harvest the majority of these sites. The Government has
appealed this decision to the Ninth Circuit Court of Appeals, and as of
this writing the harvest is temporarily stayed until the Ninth Circuit
rules on the case. Therefore, the Service believes any compensatory
designation of additional critical habitat is unwarranted at this time.
Issue 24: Several commenters expressed concern that critical
habitat is a disincentive to landowners contemplating developing
habitat conservation plans (HCPs) within designated areas.
Service Response: The Service does not intend to discourage HCPs
with the designation of critical habitat. We expect that critical
habitat may be used as a tool to help identify areas within the range
of the murrelet more critical for the conservation of the species. The
Service considers HCPs to be one of the most important methods by which
non-Federal landowners can resolve endangered species conflicts.
All HCPs are reviewed to determine whether they are likely to
jeopardize the continued existence of the species or cause adverse
modification to designated critical habitat. In most cases, the Service
provides technical assistance and works closely with the applicant
throughout the development of the HCP to reduce the probability of the
applicant developing an HCP that would not meet these criteria. Well
developed HCPs should be able to meet the section 7 requirement to
avoid adverse modification of critical habitat by providing sufficient
special management considerations for the constituent elements
identified for murrelet critical habitat. The Service does not
anticipate that the designation of critical habitat for the marbled
murrelet will affect ongoing negotiations for HCPs with landowners like
the State of Washington or various large timber companies.
Issue 25: Several commenters disagreed with removing areas covered
under an HCP from designation. Whereas in contrast, another commenter
felt that planning approaches such as the development of multi-species
HCPs were preferable to critical habitat designation.
Service Response: The Service recognizes that critical habitat is
only one of many conservation measures for federally-listed species.
HCPs are perhaps one of the most important tools for reconciling land
use with the conservation of listed species on non-Federal lands. Since
HCPs can provide an alternative means of addressing the special
management considerations necessary for the constituent elements of
marbled murrelet critical habitat, those areas covered by a legally-
operative incidental take permit for marbled murrelets based on an
approved HCP are excluded from critical habitat.
Consistent with this approach, the Service has not designated the
Elliott State Forest in Oregon as critical habitat based on the State
completing an HCP for that forest. Other areas without completed HCPs
have been included in this designation. When those HCPs are completed
and incidental take permits for marbled murrelets issued, critical
habitat will be lifted.
Issue 26: Numerous commenters recommended that the Service
designate marine critical habitat. Several commenters recommended
addition of the following terrestrial areas as critical habitat:
In California, commenters recommended inclusion of private lands in
Del Norte, Humboldt, Mendocino, Sonoma, San Mateo, and Santa Cruz
Counties. One private property owner requested designation of her 60
acres in the Santa Cruz Mountains Zone. The Midpeninsula Regional Open
Space District requested that the District's Purisima Creek Redwoods
Open Space Preserve be designated in San Mateo County. Commenters also
suggested inclusion of county parks along the Van Duzen River. State
lands recommended for inclusion included Van Damme State Park and
Navarro River Redwood State Park in the Mendocino Zone, and Nisene
Marks State Park and Soquel State Demonstration Forest in the Santa
Cruz Mountains Zone. In Washington, commenters recommended the
inclusion of Washington Department of Natural Resource lands in the
Clallam Bay block and the Chehalis State Forest, Deception Pass State
Park, additional lands adjacent to Jim Creek, private lands in the
Mineral block, and private lands with occupied sites in the north
Cascades.
Service Response: Under the Administrative Procedures Act (5 U.S.C.
553), the Service cannot finally designate areas as critical habitat
unless they were proposed for designation in a proposed rule. Further,
the Service is under a court order to finalize this critical habitat
designation by May 15, 1996. These recommendations will be considered
in any future revisions of critic
FR Doc. 96-12647 Endangered and Threatened Wildlife and Plants; Final Designation of Critical Habitat for the Marbled Murrelet
al habitat for the marbled murrelet.
Biology
Issue 27: Commenters suggested that prey distribution and
abundance, rather than inland forest conditions, may dictate murrelet
distributions at sea.
Service Response: As described in the Ecological Considerations
section, the Service agrees that prey distribution and abundance is an
important ecological factor for murrelets at sea. However, particularly
during the nesting season, marbled murrelets are found in high numbers
in close proximity to areas where inland forested conditions are
considered suitable for nesting throughout large portions of coastal
Washington, Oregon, and California (Carter and Erickson 1992; Ralph and
Miller 1995; Ralph et al. 1995b; Strong 1995, Varoujean and Williams
1995). Conversely, marine concentrations tend to be low where on-shore
habitat is limited. Concentrations of other alcids during the nesting
season in 1994 did not correspond closely to murrelet distribution
patterns (Varoujean et al. 1994), which one would expect if prey
distribution was the single or most important determinant of seabird
distribution.
The distribution of marbled murrelets in the marine environment
changes after the nesting season. This suggests that proximity to their
nesting habitat is important for marbled murrelets during the breeding
season even though food may be more abundant elsewhere (Ralph et al.
1995b). However, changes in prey distribution and abundance may
sometimes occur coincidentally with the end of the nesting season.
Marbled murrelets have been documented to use a variety of prey
species, which suggests that they are capable of exhibiting flexibility
regarding food resources available to them during the nesting season.
Therefore, the Service believes
[[Page 26276]]
that the condition of inland nesting habitat is an important factor
explaining distributions in the marine environment during the nesting
season.
Issue 28: Some commenters disagreed with Service statements that
marbled murrelets are found in high numbers at sea in close proximity
to areas where inland forested conditions are considered suitable for
nesting throughout large portions of coastal Washington, Oregon, and
California. They contend that the 1994 and 1995 at-sea survey data did
not support this assertion.
Service Response: As described in the Ecological Considerations
section, the Service believes murrelet concentrations at sea are likely
to be determined by a combination of terrestrial and marine conditions.
However, we believe that recent at-sea survey data support our earlier
conclusions that marine observations during the nesting season
generally correspond to the largest remaining blocks of suitable forest
nesting habitat (Nelson et al. 1992; Varoujean et al. 1994; Ralph and
Miller 1995; Ralph et al. 1995b; Strong 1995).
Issue 29: One commenter stated that the proposed designation was
premised on the incorrect assumption that the most important problem
for marbled murrelet conservation was the availability of terrestrial
nesting habitat. They stated that Beissinger's model, along with an
additional modeling effort and other life-history information, shows
that the marine environment is much more important than the terrestrial
environment and, therefore, the Service should concentrate critical
habitat designation on marine habitat features.
Service Response: The Service agrees that the marine environment is
very important to the murrelet, as discussed both in the supplemental
critical habitat proposal (60 FR 40892) and the draft Recovery Plan
(USFWS 1995a). However, there are a number of reasons why critical
habitat is only being designated in the terrestrial environment.
Currently, factors affecting the marine environment and murrelets while
at-sea can be addressed through existing laws and regulations as
discussed in this final rule (see Areas Not Designated section). In
addition, numerous sources have stated the importance of nesting
habitat as a major limiting factor in murrelet recovery. Although adult
mortality does occur at-sea, it also has been documented in the
terrestrial environment. Therefore, the designation of critical habitat
in the terrestrial environment is appropriate at this time.
Issue 30: Several commenters raised issues related to nest
predation and predator numbers. These were primarily related to the
effects of timber harvest and forest edge on predator numbers and
marbled murrelet nest predation rates and the appropriateness of
applying nest predation studies from other regions of the country to
the Pacific Northwest. One commenter raised the potential use of
predator control as a management tool. Several commenters suggested
that predator numbers correlated with human use and therefore private
lands may have fewer predators than public lands.
Service Response: The Service has amended the final rule to reflect
the comments and to provide additional documentation on statements
related to predation. However, as discussed in the Ecological
Considerations section, the Service believes that existing data
strongly suggest that nest predation may be significantly higher for
some forest birds nesting near artificially created edges, even if the
exact causal mechanisms that affect the predation rates are unclear.
The Service agrees with Paton (1994) and the commenters that research
addressing this issue in Pacific Northwest forests is needed, and the
Service is currently supporting such efforts (e.g., Marzluff et al.
1996). However, the few completed studies addressing this issue in the
Northwest or in commercial timberland areas elsewhere indicate the
timber harvest in a forest can increase nest predation rates on forest
birds under certain circumstances (Ratti and Reese 1988; Rudnicky and
Hunter 1993; Vega 1993; Bryant 1994; Vander Haegen and DeGraaf, in
press). In fact, Ratti and Reese (1988) found that abrupt forest edges
created by commercial timber harvest could lead to increased nest
predation rates, and they concluded that their data are consistent with
the hypothesis that birds are poorly adapted to predator pressure near
abrupt artificial edge zones.
Some commenters failed to distinguish between the studies that
address ground nesting birds (e.g., Small and Hunter 1988), and those
cited by the Service that concern species that nest above the ground
like the marbled murrelet. Small and Hunter (1988) investigated
predation rates on ground nests and concluded that distance from edge
was not related to nest predation (although they did conclude that
nests in smaller forest fragments were more vulnerable than nests
located in larger forest stands). They felt their results were due to
the relatively high numbers of ground predators (i.e., fox, raccoon,
and skunk) compared to low numbers of bird predators (corvids). These
findings are consistent with the more recent work of Vander Haegen and
DeGraaf (in press) and Rudnicky and Hunter (1993). Both of these
studies found no edge effect for ground nests but a two- to three-fold
increase in predation for above-ground nests near edges when compared
to above-ground nests in the forest interior. Although not completely
representative of the high canopy nesting situation of murrelets, these
results are significant because they more closely approximate the
potential impacts of the avian predators believed to be affecting
murrelets.
Predator control as a management tool to recover species has been
used effectively only in very limited situations. It may serve as a
short-term solution to address an immediate threat while long-term
solutions are being formulated. The high cost, logistical difficulties
and high probability that the predator control will be unsuccessful
(Goodrich and Buskirk 1996), however, argue against the use of predator
control for a wide-ranging species such as the marbled murrelet.
Regarding the issue that levels of human activity on public lands
may result in predation rates which are higher than on private lands,
the Service agrees that public lands that are easily accessible have
higher levels of human use, with resultant activities that are
attractive to corvids. However, corvids have also been shown to travel
significant distances to urban centers, dumps, etc. which are often as
close or closer to private lands than to public lands (Marzluff et al.
1996). The other factor which appears to increase predation rates is
higher levels of landscape fragmentation (Marzluff et al. 1996), which
is generally greater on private lands. Therefore, it is difficult to
generalize about the relationship between land ownership and predation
rates.
Issue 31: One commenter suggested that the Service ignored the
findings of Raphael et al. (1995) that occupied murrelet sites had more
complex patterns with more edge, greater variety of cover types, and
more complex shapes than unoccupied sites. The commenter indicated that
these conclusions seem to contradict statements made by the Service
concerning forest edge and landscape patterns.
Service Response: The Service disagrees with this commenter's
interpretation of Raphael et al. (1995). The most important and
relevant conclusions of Raphael et al. (1995) (M. Raphael, pers.
comm.), are: (1) proportions of old-growth and large saw
[[Page 26277]]
timber were greater among sites occupied by murrelets compared to
unoccupied sites, and (2) mean size of patches of old-growth and large
saw timber were also greater among occupied sites compared to
unoccupied sites. As Raphael et al. (1995) state, these findings are
consistent with earlier research documenting the value of large old-
growth stands to nesting murrelets.
These findings support, rather than contradict, the hypothesis that
murrelets are preferentially selecting larger stands of older trees for
breeding because these stands and trees have the specific structural
features the birds require. That the murrelets occur more often in
larger patches (i.e., less edge relative to area) of old-growth
compared to smaller patches is also consistent with the edge-effect
concerns expressed in this rule. The Service believes that resident
marbled murrelets may be made more vulnerable to predation associated
with the newly created edges when existing old-growth stands are
further fragmented into smaller patches.
Issue 32: One commenter suggested that the Service conduct a
population viability analysis (PVA) of the marbled murrelet before
designating critical habitat.
Service Response: This final rule is directly related to management
directives that preceded or were developed simultaneously with the
critical habitat rule. Of greatest significance were the draft Recovery
Plan (USFWS 1995a) and the marbled murrelet viability panels of the
FEMAT process (USDA et al. 1993a). It is the Service's opinion that
these efforts incorporate many of the concepts which should be
considered when a formal PVA is not conducted (Ruggiero et al. 1994),
and provide the best guidance for management. The function of a PVA is
to incorporate what is known about population dynamics of a species,
and to analyze the effects of stochastic events and changes in
parameters, as well as to identify factors for study, management and
monitoring (Lacey in Press). However, PVA's can be compromised because
of a lack of natural history data (Minta and Kareiva 1994). Therefore,
the Service believes that a PVA developed based on current knowledge of
the marbled murrelet would be premature, and is not a suitable tool for
determining critical habitat.
Issue 33: Several commenters suggested that the Service has
dismissed natural marine phenomena as unimportant in affecting marbled
murrelet population fluctuations and distributions. One commenter used
the extinction of the Labrador duck (Camptorhynchus labradorus) as an
example of how marine fluctuations can cause natural extinctions of
marine birds, and suggested that the current decline of the marbled
murrelet is analogous to the extinction of the Labrador duck.
Service Response: As stated in the Ecological Considerations
section and elsewhere, the Service appreciates the role that natural
marine fluctuations play in the demography of the marbled murrelet. The
murrelet, like many other seabirds, is affected by stochastic factors
such as gross water temperature changes and shifting patterns of prey
abundance. Likewise, it is affected by terrestrial stochastic factors
such as fire and windthrow. It is a generally accepted tenet of
conservation biology that extinction for a declining species becomes
more likely due to natural stochastic factors as a population becomes
smaller and more fragmented. Maintenance of high quality nesting
habitat in key areas will better enable the species to successfully
endure marine and terrestrial stochastic events when they do occur. For
example, Clark et al. (1990) found that limited availability of
suitable nest sites hindered the population growth and recovery of red-
tailed tropicbirds (Phaethon rubricauda) following catastrophic ocean
events.
The Service disagrees with the commenter's assertion that the
Labrador duck went extinct solely from natural causes, and that this
so-called natural decline is analogous to natural forces acting to
depress the marbled murrelet population. Although the Labrador duck was
never very abundant, the best available information suggests that over-
exploitation by humans caused the extinction of the species; the bird
was hunted for market and for down, and its eggs were collected
(Ehrlich et al. 1988; Terres 1980; Bellrose 1976).
Issue 34: Some commenters questioned the quality of the data that
the Service used to determine critical habitat. One commenter
questioned the Service's use of satellite imagery to identify critical
habitat.
Service Response: The Act requires the Service to make biological
decisions involving designation of critical habitat based on the best
scientific and commercial data available. The Service utilized a number
of sources to identify critical habitat including aerial photographs
and personal knowledge. The Service maintains that sufficient data are
available to warrant designation of critical habitat and that this
final rule is based on the best information available.
Issue 35: Two commenters suggested exclusion of the proposed
critical habitat units that contain Bishop pine.
Service Response: Two critical habitat units in California contain
mature Bishop pine forests, Tomales Bay State Park and Salt Point State
Park. These areas currently do not have any known records of murrelet
detections; however, the Service is unaware of any surveys which have
been conducted to determine if Bishop pine forests are used by marbled
murrelets. The Service has determined that it is appropriate to
designate these Bishop pine areas as critical habitat because of the
lack of survey data, proximity of these areas to the ocean,
availability of suitable nesting platforms, and high canopy cover. In
the future, if surveys determine that murrelets are not nesting in
these stands the boundaries of these critical habitat units may be
revised.
National Environmental Policy Act
The Service has determined that Environmental Assessments and
Environmental Impact Statements, as defined under the authority of the
National Environmental Policy Act of 1969, need not be prepared in
conjunction with regulations adopted pursuant to section 4(a) of the
Endangered Species Act of 1973, as amended. A notice outlining the
Service's reasons for this determination was published in the Federal
Register on October 25, 1983 (48 FR 49244).
Required Determinations
The final rule has been reviewed by the Office of Management and
Budget under Executive Order 12866. The Department of the Interior
finds that timely compliance with the provisions of the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.) is impracticable in light of the
emergency situation resulting from the court order requiring
designation by May 15, 1996. Consequently, the completion of a
Regulatory Flexibility Analysis is deferred at this time and will be
completed within 180 days. Based on the information discussed in this
final rule concerning public projects and private activities within
critical habitat units, it is not clear whether significant economic
impacts would result from the critical habitat designation. Also, no
direct costs, enforcement costs, information collection, or record-
keeping requirements would be imposed on small entities by this
designation. Further, the rule contains no record-keeping requirements
as defined by the Paperwork Reduction Act of 1980.
[[Page 26278]]
Finally, the Department has assessed the effects of this rule-
making action on State, local, and tribal governments, and the private
sector. The Service has determined and certifies pursuant to the
Unfunded Mandates Act, 16 U.S.C. 1502 et seq., that this rulemaking
will not impose a cost of $100 million or more in any given year on
local or State governments or private entities.
References Cited
A compete list of all references cited herein is available upon
request from the State Supervisor, U.S. Fish and Wildlife Service,
Oregon State Office, 2600 SE 98th Avenue, Suite 100, Portland, Oregon,
97266; telephone (503) 231-6179.
List of Subjects in 50 CFR Part 17
Endangered and threatened species, Exports, Imports, Reporting and
record keeping requirements, Transportation.
Regulation Promulgation
Accordingly, the Service hereby amends part 17, subchapter B of
chapter I, title 50 of the Code of Federal Regulations, as set forth
below:
PART 17--[AMENDED]
1. The authority citation for part 17 continues to read as follows:
Authority: 16 U.S.C. 1361-1407; 16 U.S.C. 1531-1544; 16 U.S.C.
4201-4245; Pub. L. 99-625, 100 Stat. 3500; unless otherwise noted.
Sec. 17.11 [Amended]
2. Section 17.11(h) is amended by revising the ``Critical habitat''
entry for ``Murrelet, marbled'' under BIRDS to read: 17.95(b).
3. Section 17.95(b) is amended by adding critical habitat for the
marbled murrelet, in alphabetical order, as follows.
Sec. 17.95 Critical habitat--fish and wildlife
* * * * *
(b) Birds
* * * * *
MARBLED MURRELET (Brachyramphus marmoratus marmoratus)
1. Critical habitat units are depicted for the States of
Washington, Oregon, and California on the maps below.
2. The primary constituent elements: individual trees with
potential nest platforms and forest lands of at least one half site-
potential tree height regardless of contiguity within 0.8 kilometers
(0.5 miles) of individual trees with potential nesting platforms and
that are used or potentially used by the marbled murrelet for nesting
or roosting.
3. A description of the critical habitat units follows. Where a
critical habitat unit includes Federal lands within the boundaries of a
Late Successional Reserve established by the Northwest Forest Plan,
those boundaries include any minor adjustments. Critical habitat units
do not include non-federal lands covered by a legally operative
incidental take permit for marbled murrelets issued under section 10(a)
of the Act.
BILLING CODE 4310-55-P
[[Page 26279]]
[GRAPHIC] [TIFF OMITTED] TR24MY96.000
[[Page 26280]]
[GRAPHIC] [TIFF OMITTED] TR24MY96.001
[[Page 26281]]
[GRAPHIC] [TIFF OMITTED] TR24MY96.002
BILLING CODE 4310-55-P
[[Page 26282]]
Map and description of WA-01-a taken from United States Fish and
Wildlife Service 1:100,000 map; Cape Flattery, Forks, and Port Angeles,
Washington; 1995.
Critical Habitat includes only Federal lands designated as Late
Successional Reserves described within the following areas:
T.28N., R.10W. Willamette Meridian: W\1/2\ W\1/2\ Section 1;
Sections 2-8; NW\1/4\, N\1/2\ SW\1/4\, N\1/2\ NE\1/4\, SW\1/4\ NE\1/
4\ Section 9; N\1/2\ NW\1/4\, NE\1/4\ Section 10; W\1/2\ NW\1/4\,
NE\1/4\ NW\1/4\, N\1/2\ NE\1/4\ Section 11; NW\1/4\ NW\1/4\ Section
12.
T.28N., R.11W. Willamette Meridian: Sections 1-5; S\1/2\ SW\1/
4\, SE\1/4\, S\1/2\ NE\1/4\, NE\1/4\ NE\1/4\ Section 6; Sections 7-
12; N\1/2\ NW\1/4\ Section 13; N\1/2\ Section 14; N\1/2\ N\1/2\
Section 15; N\1/2\ Section 16; N\1/2\, N\1/2\ SW\1/4\ Section 17;
N\1/2\ N\1/2\ Section 18.
T.28N., R.12W. Willamette Meridian: SW\1/4\ SW\1/4\ Section 1;
SW \1/4\, S\1/2\ SE\1/4\ Section 2; S\1/2\ SW\1/4\, SE\1/4\ Section
3; N\1/2\ N\1/2\ Section 10; N\1/2\ Section 11; Section 12 except
SW\1/4\ SW\1/4\, N\1/2\ NE\1/4\ Section 13.
T.29N., R.10W. Willamette Meridian: SW\1/4\ NW\1/4\, W\1/2\
SW\1/4\, SE\1/4\ SW\1/4\ Section 1; Section 2 except N\1/2\ NE\1/4\;
Section 3 except N\1/2\ NE\1/4\; Sections 4-5; SE\1/4\ NW\1/4\,
SW\1/4\ SW\1/4\, E\1/2\ Section 6; Sections 7-24; Section 25 except
SE\1/4\ SE\1/4\; Sections 26-35; NW\1/4\, N\1/2\ SW\1/4\, SW\1/4\
SW\1/4\, W\1/2\ NE\1/4\ Section 36.
T.29N., R.11W. Willamette Meridian: SE\1/4\ SW\1/4\, SE\1/4\,
SE\1/4\ NE\1/4\ Section 12; Section 13; N\1/2\, N\1/2\ SW\1/4\,
SE\1/4\ Section 14; E\1/2\ SE\1/4\ Section 22; S\1/2\, NE\1/4\
Section 23; Sections 24-27; S\1/2\, S\1/2\ NE\1/4\ Section 28; SE\1/
4\ Section 29; SE\1/4\ SE\1/4\ Section 31; S\1/2\ SW\1/4\, NE\1/4\
SW\1/4\, SE\1/4\, S\1/2\ NE\1/4\, NE\1/4\ NE\1/4\ Section 32;
Sections 33-36.
T.30N., R.09W. Willamette Meridian: S\1/2\ SW\1/4\ Section 18;
N\1/2\ NW\1/4\ Section 19.
T.30N., R.10W. Willamette Meridian: E\1/2\ NW\1/4\, E\1/2\ SW\1/
4\, SW\1/4\ SW\1/4\, SE\1/4\, SW\1/4\ NE\1/4\ Section 1; S\1/2\
SW\1/4\, SW\1/4\ SE\1/4\ Section 2; Section 3 except NE\1/4\;
Section 4; E\1/2\ NW\1/4\, S\1/2\ SW\1/4\, NE\1/4\ SW\1/4\, E\1/2\
Section 5; S\1/2\ Section 6; Sections 7-12; Section 13 except SW\1/
4\ SW\1/4\; NW\1/4\ NW\1/4\, NE\1/4\ Section 14; Section 15; N\1/2\,
N\1/2\ SE\1/4\ Section 16; N\1/2\ Section 17; Section 18 except S\1/
2\ SE\1/4\; NW\1/4\ NW\1/4\ Section 19; SW\1/4\ SW\1/4\ Section 35.
T.30N., R.11W. Willamette Meridian: Sections 1-2; Section 3
except S\1/2\ SW\1/4\, SW\1/4\ SE\1/4\; Section 4 except S\1/2\
SW\1/4\, SW\1/4\ SE\1/4\; NE\1/4\ NE\1/4\ Section 10; N\1/2\ NW\1/
4\, SE\1/4\ SE\1/4\, W\1/2\ NE\1/4\, NE\1/4\ NE\1/4\ Section 11;
NW\1/4\ NW\1/4\, S\1/2\, E\1/2\ NE\1/4\ Section 12; Sections 13-14;
S\1/2\, S\1/2\ NE\1/4\ Section 15; S\1/2\ Section 17; SE\1/4\
Section 18; N\1/2\ NW\1/4\, SE\1/4\ NW\1/4\, NE\1/4\ Section 20;
N\1/2\, N\1/2\ SE\1/4\ Section 21; N\1/2\, N\1/2\ S\1/2\ Section 22;
N\1/2\, N\1/2\ SW\1/4\ Section 23; NW\1/4\, W\1/2\ NE\1/4\, NE\1/4\
NE\1/4\ Section 24.
T.30N., R.12W. Willamette Meridian: NW\1/4\ NW\1/4\ Section 2;
W\1/2\, N\1/2\ NE\1/4\ Section 3; Section 4-5; Section 6 except W\1/
2\ NW\1/4\, NW\1/4\, N\1/2\ SE\1/4\, NE\1/4\ Section 7; Section 8
except SW\1/4\ SW\1/4\; N\1/2\ N\1/2\, SE\1/4\ SE\1/4\ Section 9;
S\1/2\ Section 10; S\1/2\ SW\1/4\, SW\1/4\ SE\1/4\ Section 11; W\1/
2\ NW\1/4\ Section 13; N\1/2\, N\1/2\ SW\1/4\ Section 14; N\1/2\,
NE\1/4\ SE\1/4\ Section 15; Section 17 except NW\1/4\ NW\1/4\, SE\1/
4\ SE\1/4\.
T.31N., R.12W. Willamette Meridian: Section 30 except NE\1/4\;
Section 31; Section 32 except NE\1/4\; S\1/2\ SW\1/4\ Section 33.
Critical Habitat includes only State or County lands described
within the following areas:
T.30N., R.12W. Willamette Meridian: N\1/2\ Section 16.
[GRAPHIC] [TIFF OMITTED] TR24MY96.003
Map and description of WA-01-b taken from United States Fish and
Wildlife Service 1:100,000 map; Port Angeles, Washington; 1995.
Critical Habitat includes only Federal lands designated as Late
Successional Reserves described within the following areas:
T.29N., R.07W. Willamette Meridian: N\1/2\ NW\1/4\ Section 1;
NE\1/4\ Section 2.
T.30N., R.07W. Willamette Meridian: NW\1/4\ SW\1/4\, SW\1/4\
SE\1/4\, SW\1/4\ NE\1/4\ Section 26; S\1/2\ SW\1/4\ Section 29;
Section 30 except SE\1/4\ NE\1/4\, N\1/2\ NE\1/4\; Section 31 except
SW\1/4\ SW\1/4\; W\1/2\ W\1/2\, NE\1/4\ NW\1/4\ Section 32; W\1/2\
NW\1/4\, N\1/2\ SW\1/4\, SE\1/4\ SW\1/4\, N\1/2\ SE\1/4\, S\1/2\
NE\1/4\, NE\1/4\ NE\1/4\ Section 33; NW\1/4\, N\1/2\ SE\1/4\, W\1/2\
NE\1/4\, SE\1/4\ NE\1/4\ Section 34; Sections 35-36.
T.30N., R.08W. Willamette Meridian: Section 25; Section 26
except NW\1/4\ NE\1/4\; Sections 27-29; N\1/2\ N\1/2\ Section 32;
N\1/2\, NE\1/4\ SE\1/4\ Section 33; N\1/2\, N\1/2\ SW\1/4\, SE\1/4\
Section 34; N\1/2\, W\1/2\ SW\1/4\, NE\1/4\ SW\1/4\, N\1/2\ SE\1/4\
Section 35; N\1/2\, N\1/2\ S\1/2\ Section 36.
Critical Habitat includes only State or County lands described
within the following areas:
T.30N., R.06W. Willamette Meridian: N\1/2\ SW\1/4\, NW\1/4\
SE\1/4\ Section 18; NW\1/4\ NW\1/4\, SW\1/4\, W\1/2\ SE\1/4\ Section
19; SW\1/4\ SW\1/4\ Section 20; SW\1/4\ SW\1/4\, E\1/2\ SW\1/4\
Section 21; SE\1/4\ SE\1/4\ Section 23; NW\1/4\ NW\1/4\, W\1/2\
SW\1/4\, SE\1/4\ SW\1/4\ Section 25; E\1/2\ Section 26; SE\1/4\
NW\1/4\, S\1/2\ Section 27; Section 28 except SE\1/4\ SW\1/4\, NE\1/
4\ NE\1/4\; Section 29; Section 30 except S\1/2\ SW\1/4\; Sections
31-34; W\1/2\ W\1/2\, E\1/2\ E\1/2\ Section 35; Section 36.
T.30N., R.07W. Willamette Meridian: SE\1/4\ SE\1/4\ Section 9;
S\1/2\ SW\1/4\ Section 10; S\1/2\ S\1/2\, NE\1/4\ SE\1/4\ Section
13; SE\1/4\ SW\1/4\, SE\1/4\, SE\1/4\ NE\1/4\ Section 14; SW\1/4\
NW\1/4\, NE\1/4\ NW\1/4\, NW\1/4\ SW\1/4\, SE\1/4\ SE\1/4\ Section
15; SW\1/4\, S\1/2\ SE\1/4\, NE\1/4\ SE\1/4\, S\1/2\ NE\1/4\ Section
16; S\1/2\, S\1/2\ N\1/2\, NW\1/4\ NE\1/4\ Section 17; NW\1/4\ NW\1/
4\, S\1/2\, E\1/2\ NE\1/4\ Section 18; W\1/2\ NW\1/4\, SE\1/4\ NW\1/
4\, SW\1/4\, N\1/2\ SE\1/4\ Section 19; SW\1/4\, SW\1/4\ SE\1/4\,
E\1/2\ NE\1/4\ Section 20; NW\1/4\, SW\1/4\ SW\1/4\, NW\1/4\ NE\1/4\
Section 21; SE\1/4\ SW\1/4\, E\1/2\ E\1/2\ Section 22; S\1/2\ NW\1/
4\, NE\1/4\ NW\1/4\, SE\1/4\, SE\1/4\ SE\1/4\, W\1/2\ NE\1/4\, NE\1/
4\ NE\1/4\ Section 23; N\1/2\, NW\1/4\ SW\1/4\, N\1/2\ SE\1/4\,
SE\1/4\ SE\1/4\ Section 24; S\1/2\ NW\1/4\, NE\1/4\ Section 25; N\1/
2\, NW\1/4\ SE\1/4\ Section 27.
T.30N., R.08W. Willamette Meridian: S\1/2\ SW\1/4\ Section 4;
Section 5 except E\1/2\ NE\1/4\; Section 6 except NW\1/4\ NW\1/4\;
Section 7 except S\1/2\ SW\1/4\; Section 8; Section 9 except NW\1/4\
NE\1/4\; SW\1/4\ SW\1/4\, SE\1/4\ Section 10; W\1/2\ SW\1/4\, SE\1/
4\ SW\1/4\, SE\1/4\, SE\1/4\ NE\1/4\ Section 11; SW\1/4\ NW\1/4\,
N\1/2\ S\1/2\, SE\1/4\ SE\1/4\, S\1/2\ NE\1/4\ Section 12; NW\1/4\
NW\1/4\, W\1/2\ SW\1/4\, SE\1/4\ SW\1/4\, SE\1/4\ SE\1/4\, NE\1/4\
NE\1/4\ Section 13; Section 14; Section 15 except N\1/2\ SE\1/4\,
S\1/2\ NE\1/4\; Section 16 except SW\1/4\ SE\1/4\; E\1/2\ NW\1/4\,
NW\1/4\ NW\1/4\, NE\1/4\ Section 17; NE\1/4\ NW\1/4\, N\1/2\ NE\1/
4\, SW\1/4\ NE\1/4\ Section 20; N\1/2\ NW\1/4\, SE\1/4\ NW\1/4\,
SW\1/4\ SE\1/4\, E\1/2\ SW\1/4\, NE\1/4\ Section 22; W\1/2\, N\1/2\
SE\1/4\, SW\1/4\ NE\1/4\ Section 23; SW\1/4\ NW\1/4\, NE\1/4\ NW\1/
4\, N\1/2\ S\1/2\, N\1/2\ NE\1/4\ Section 24.
T.31N., R.08W. Willamette Meridian: E\1/2\ SE\1/4\ Section 31;
W\1/2\ SW\1/4\, SE\1/4\ SW\1/4\, SW\1/4\ SE\1/4\ Section 32.
[GRAPHIC] [TIFF OMITTED] TR24MY96.004
Map and description of WA-02-a taken from United States Fish and
Wildlife Service 1:100,000 map; Cape Flattery and Forks, Washington;
1995.
Critical Habitat includes only Federal lands designated as Late
Successional Reserves described within the following areas:
T.28N., R.12W Willamette Meridian: S\1/2\, S\1/2\ N\1/2\ Section
4; S\1/2\, S\1/2\ N\1/2\ Section 5; S\1/2\, NW\1/4\, S\1/2\ NE\1/4\,
Section 6; Sections 7-9; Sections 16-21; Sections 28-33.
T.29N., R.12W. Willamette Meridian: S\1/2\ Section 7; SW\1/4\,
SW\1/4\ SE\1/4\ Section 8; S\1/2\ SW\1/4\, SW\1/4\ SE\1/4\ Section
9; NW\1/4\, W\1/2\ SW\1/4\, W\1/2\ NE\1/4\ Section 16; Section 17
except SE\1/4\ SW\1/4\, SW\1/4\ SE\1/4\; Section 18; Section 19
except W\1/2\ SE\1/4\; W\1/2\ W\1/2\ Section 20; W\1/2\ Section 30.
T.29N., R.13W. Willamette Meridian: S\1/2\ S\1/2\, NE\1/4\ NE\1/
4\ Section 13; Section 23 except SW\1/4\ SW\1/4\; Sections 24-25;
N\1/2\, N\1/2\ S\1/2\, SE\1/4\ SE\1/4\ Section 26, N\1/2\ N\1/2\
Section 36.
[[Page 26283]]
Critical Habitat includes only State or County lands described
within the following areas:
T.27N., R.13W. Willamette Meridian: W\1/2\ NW\1/4\, SE\1/4\
NW\1/4\, SW\1/4\ Section 2; Sections 3-11; Sections 14-18; N\1/2\,
NE\1/4\ SW\1/4\, NW\1/4\ SE\1/4\ Section 19; Sections 20-23;
Sections 26-28; N\1/2\, W\1/2\ SW\1/4\, E\1/2\ SE\1/4\ Section 29.
T.28N., R.13W. Willamette Meridian: Sections 22-25; W\1/2\ NW\1/
4\, S\1/2\, E\1/2\ NE\1/4\ Section 26; N\1/2\, N\1/2\ SE\1/4\
Section 27; SW\1/4\ SW\1/4\ Section 28; Sections 31-32; W\1/2\ W\1/
2\ Section 33; E\1/2\ E\1/2\, W\1/2\ SE1/4 Section 35; Section 36.
T.28N., R.14W. Willamette Meridian: E\1/2\ Section 36.
[GRAPHIC] [TIFF OMITTED] TR24MY96.005
Map and description of WA-02-b taken from United States Fish and
Wildlife Service 1:100,000 map; Forks and Mt Olympus, Washington; 1995.
Critical Habitat includes only Federal lands designated as Late
Successional Reserves described within the following areas:
T.25N., R.10W. Willamette Meridian: Sections 29-30; Section 31
except SE\1/4\ SE\1/4\; N\1/2\ NW\1/4\, SW\1/4\ NW\1/4\ Section 32.
Critical Habitat includes only State or County lands described
within the following areas:
T.24N., R.11W. Willamette Meridian: N\1/2\ N\1/2\ Section 1;
N\1/2\, N\1/2\ SW\1/4\ Section 2; Sections 3-8; Section 9 except
SE\1/4\; N\1/2\ NW\1/4\ Section 10; NW\1/4\ Section 16; NW\1/4\,
NW\1/4\ SW\1/4\, W\1/2\ NE\1/4\ Section 17; Section 18 except SE\1/
4\ SE\1/4\; NW\1/4\ NW\1/4\ Section 19.
T.24N., R.12W. Willamette Meridian: NW\1/4\ NW\1/4\, S\1/2\
NW\1/4\, SW\1/4\, W\1/2\ SE\1/4\, SE\1/4\ SE\1/4\, SW\1/4\ NE\1/4\
Section 1; SE\1/4\, NW\1/4\ NE\1/4\, E\1/2\ NE\1/4\ Section 2; W\1/
2\ SE\1/4\, NE\1/4\ SE\1/4\, S\1/2\ NE\1/4\ Section 10; Section 11;
Section 12 except NE\1/4\ SE\1/4\; W\1/2\, W\1/2\ NE\1/4\, NE\1/4\
NE\1/4\ Section 13; N\1/2\, S\1/2\ SE\1/4\, NE\1/4\ SE\1/4\ Section
14; NE\1/4\ NW\1/4\, N\1/2\ SE\1/4\, NE\1/4\ Section 23; N\1/2\,
N\1/2\ SW\1/4\ Section 24.
T.25N., R.09W. Willamette Meridian: NW\1/4\, W\1/2\ SW\1/4\,
N\1/2\ NE\1/4\, SW\1/4\ NE\1/4\ Section 6.
T.25N., R.10W. Willamette Meridian: Sections 1-11; W\1/2\ NW\1/
4\, NE\1/4\ NW\1/4\ Section 12; NW\1/4\, N\1/2\ SW\1/4\, N\1/2\
NE\1/4\, NE\1/4\ NE\1/4\ Section 14; Section 15 except SE\1/4\ SW\1/
4\, S\1/2\ SE\1/4\; Sections 16-20; N\1/2\ Section 21.
T.25N., R.11W. Willamette Meridian: Section 1-19; Section 20
except NE\1/4\ NW\1/4\; Sections 21-36.
T.25N., R.12W. Willamette Meridian: Section 1 except N\1/2\ N\1/
2\; Section 2 except NE\1/4\ NE\1/4\; Section 3 except NE\1/4\ NW\1/
4\; E\1/2\ Section 4; SE\1/4\ Section 5; SE\1/4\ SW\1/4\ Section 6;
Section 7; N\1/2\ Section 8; Section 9; Section 10 except NE\1/4\
NE\1/4\; SE\1/4\ NW\1/4\, S\1/2\ Section 11; Section 12; Section 13
except S\1/2\ SW\1/4\; W\1/2\ W\1/2\, E\1/2\ Section 14; Sections
15-16; W\1/2\ W\1/2\, SE\1/4\ SW\1/4\, S\1/2\ SE\1/4\, NE\1/4\ SE\1/
4\ Section 17; Section 18; E\1/2\ NW\1/4\, N\1/2\ NE\1/4\, SW\1/4\
NE\1/4\ Section 19; N\1/2\ N\1/2\ Section 20; N\1/2\ N\1/2\ Section
21; N\1/2\ N\1/2\ Section 22; NW\1/4\ NW\1/4\, NE\1/4\ NE\1/4\
Section 23; NE\1/4\ NW\1/4\, E\1/2\ SW\1/4\, NE\1/4\ Section 24;
Section 25; Section 26 except W\1/2\ NW\1/4\, NE\1/4\ NW\1/4\, NW\1/
4\ NE\1/4\; Sections 35-36.
T.25N., R.13W. Willamette Meridian: Section 1 except NE\1/4\
SE\1/4\, N\1/2\ NE\1/4\, SE\1/4\ NE\1/4\; Section 2 except NW\1/4\;
NE\1/4\ NW\1/4\, S\1/2\ S\1/2\, N\1/2\ NE\1/4\, SE\1/4\ NE\1/4\
Section 11; Section 12; Section 13 except SW\1/4\ SW\1/4\; Section
14; N\1/2\ NW\1/4\ Section 23; NE\1/4\ NW\1/4\, NW\1/4\ NE\1/4\
Section 24.
T.26N., R.09W. Willamette Meridian: S\1/2\ NW\1/4\, SW\1/4\,
W\1/2\ SE\1/4\, SE\1/4\ SE\1/4\, SW\1/4\ NE\1/4\ Section 19; W\1/2\
Section 29; Sections 30-31; W\1/2\ W\1/2\ Section 32.
T.26N., R.10W. Willamette Meridian: Sections 2-11; W\1/2\ SW\1/
4\, SE\1/4\ SW\1/4\, SW\1/4\ SE\1/4\ Section 13; Sections 14-36.
T.26N., R.11W. Willamette Meridian: Sections 1-36.
T.26N., R.12W. Willamette Meridian: Section 36.
T. 27N., R. 10W. Willamette Meridian:
S\1/2\ Section 31; S\1/2\ Section 32; S\1/2\ Section 33; S\1/2\
Section 34; S\1/2\ Section 35.
T. 27N., R. 11W. Willamette Meridian: SE\1/4\ Section 35; S\1/2\
Section 36.
[GRAPHIC] [TIFF OMITTED] TR24MY96.006
Map and description of WA-02-c taken from United States Fish and
Wildlife Service 1:100,000 map; Forks and Mt Olympus, Washington; 1995.
Critical Habitat includes only Federal lands designated as Late
Successional Reserves described within the following areas:
T. 23N., R. 9W. Willamette Meridian: NW\1/4\, NW\1/4\ SW\1/4\,
NW\1/4\ NE\1/4\ Section 6.
T. 23N., R. 10W. Willamette Meridian: N\1/2\, N\1/2\ SW\1/4\,
SW\1/4\ SW\1/4\, N\1/2\ SE\1/4\ Section 1; N\1/2\ N\1/2\, SE\1/4\
NE\1/4\ Section 2; NW\1/4\, N\1/2\ NE\1/4\, SW\1/4\ NE\1/4\ Section
3; E\1/2\ NW\1/4\, NE\1/4\ Section 4; N\1/2\, SW\1/4\ SW\1/4\, NE\1/
4\ SW\1/4\, SE\1/4\ SE\1/4\, NE\1/4\ SE\1/4\ Section 15; S\1/2\
NW\1/4\, NE\1/4\ SW\1/4\, SE\1/4\, NW\1/4\ NE\1/4\, S\1/2\ NE\1/4\
Section 16; NE\1/4\ NE\1/4\ Section 22.
T. 23N., R. 11W. Willamette Meridian: E\1/2\ NW\1/4\, N\1/2\
SE\1/4\, NE\1/4\ Section 1.
T. 24N., R. 09W. Willamette Meridian: S\1/2\ N\1/2\, S\1/2\
Section 3; Sections 4-10; Section 15 except SE\1/4\ SE\1/4\, NE\1/4\
NE\1/4\; Sections 16-21; Sections 28-33.
T. 24N., R. 10W. Willamette Meridian: Sections 1-3; S\1/2\,
NE\1/4\ Section 4; S\1/2\ Section 5; S\1/2\ Section 6; Sections 7-
30; N\1/2\, N\1/2\ S\1/2\, SE\1/4\ SE\1/4\ Section 31; Sections 32-
36.
T. 24N., R. 10\1/2\W. Willamette Meridian: S\1/2\ SE\1/4\
Section 1; Section 12 except W\1/2\ W\1/2\; Section 13; Section 14
except NW\1/4\ NW\1/4\; Sections 23-26; NW\1/4\, N\1/2\ SW\1/4\,
N\1/2\ NE\1/4\, SW\1/4\ NE\1/4\ Section 35; N\1/2\ NW\1/4\, NE\1/4\
Section 36.
T. 25N., R. 09W. Willamette Meridian: S\1/2\, SE\1/4\ NW\1/4\,
S\1/2\ NE\1/4\ Section 31; NW\1/4\ SW\1/4\, S\1/2\ SW\1/4\ Section
32.
T. 25N., R. 10W. Willamette Meridian: S\1/2\ SE\1/4\ Section 36.
Critical Habitat includes only State or County lands described
within the following areas:
T. 24N., R. 11W. Willamette Meridian: S\1/2\ SW\1/4\, NE\1/4\
SW\1/4\, SE\1/4\ Section 12; Sections 13-14; SE\1/4\ SE\1/4\ Section
15; S\1/2\ S\1/2\ Section 20; S\1/2\ Section 21; E\1/2\ NE\1/4\,
S\1/2\ Section 22; Sections 23-29; Sections 32-36.
[GRAPHIC] [TIFF OMITTED] TR24MY96.007
Map and description of WA-02-d taken from United States Fish and
Wildlife Service 1:100,000 map; Forks, Washington; 1995.
Critical Habitat includes only Federal lands designated as Late
Successional Reserves described within the following areas:
T.27N., R.11W. Willamette Meridian: N\1/2\ SW\1/4\, SE\1/4\
SW\1/4\, SW\1/4\ SE\1/4\ Section 27; S\1/2\ NW\1/4\, N\1/2\ SW\1/4\,
SW\1/4\ SW\1/4\, SE\1/4\ Section 28; NE\1/4\ SE\1/4\, SE\1/4\ NE\1/
4\ Section 29; SW\1/4\ NE\1/4\ Section 34.
[[Page 26284]]
Critical Habitat includes only State or County lands described
within the following areas:
T.27N., R.10W. Willamette Meridian: Section 19.
T.27N., R.11W. Willamette Meridian: S\1/2\ Section 14; S\1/2\
Section 15; S\1/2\ Section 16; S\1/2\ Section 17; Sections 18-24;
S\1/2\ SW\1/4\ Section 27; N\1/2\ NW\1/4\, NE\1/4\ SW\1/4\, NW\1/4\
SE\1/4\ Section 28; N\1/2\ N\1/2\ Section 29; NE\1/4\ NE\1/4\
Section 30.
T.27N., R.12W. Willamette Meridian: S\1/2\ Section 10; SW\1/4\
Section 11; Sections 13-15; Section 22; Section 23 except SE\1/4\
SE\1/4\; Section 24; NE\1/4\ NW\1/4\, N\1/2\ NE\1/4\ Section 25;
N\1/2\ NW\1/4\ Section 26; Section 27 except E\1/2\ SE\1/4\.
[GRAPHIC] [TIFF OMITTED] TR24MY96.008
Map and description of WA-03-a taken from United States Fish and
Wildlife Service 1:100,000 map; Mt Olympus and Shelton, Washington;
1995.
Critical Habitat includes only Federal lands designated as Late
Successional Reserves described within the following areas:
T.21N., R.07W. Willamette Meridian: N\1/2\ NW\1/4\, SE\1/4\
NW\1/4\, NE\1/4\ SW\1/4\, W\1/2\ SE\1/4\ Section 3.
T.21N., R.08W. Willamette Meridian: Sections 4-9; N\1/2\, SW\1/
4\, NW\1/4\ SE\1/4\ Section 16; Sections 17-18; NW\1/4\ NW\1/4\
Section 21.
T.21N., R.09W. Willamette Meridian: Section 1; Section 2 except
NW\1/4\ NW\1/4\; Section 3 except SE\1/4\, S\1/2\ NE\1/4\, NE\1/4\
NE\1/4\; Section 4; E\1/2\ Section 5; N\1/2\ Section 6.
T.22N., R.07W. Willamette Meridian: Section 1; NE\1/4\ NW\1/4\,
E\1/2\ SE\1/4\, NW\1/4\ SE\1/4\, NE\1/4\ Section 2; W\1/2\ Section
3; Sections 4-5; SE\1/4\ NW\1/4\, S\1/2\ SW\1/4\, NE\1/4\ SW\1/4\,
E\1/2\ Section 6; NW\1/4\, N\1/2\ NE\1/4\ Section 7; SE\1/4\ NW\1/
4\, NE\1/4\ SW\1/4\, S\1/2\ SE\1/4\, NE\1/4\ SE\1/4\, NW\1/4\ NE\1/
4\, E\1/2\ NE\1/4\ Section 8; Section 9; W\1/2\, W\1/2\ SE\1/4\,
SE\1/4\ SE\1/4\ Section 10; NE\1/4\ SE\1/4\, NE\1/4\ Section 11;
NW\1/4\ NW\1/4\, S\1/2\ NW\1/4\, SW\1/4\, W\1/2\ SE\1/4\ Section 12;
N\1/2\ NW\1/4\, S\1/2\ SW\1/4\, W\1/2\ SE\1/4\, NE\1/4\ SE\1/4\,
W\1/2\ NE\1/4\ Section 13; SW\1/4\ NW\1/4\, SW\1/4\, SW\1/4\ SE\1/4\
Section 14; Section 15 except SE\1/4\ NW\1/4\, NE\1/4\ SW\1/4\,
SW\1/4\ NE\1/4\; Section 16; Section 17 except W\1/2\ NW\1/4\, NE\1/
4\ NW\1/4\; SW\1/4\, E\1/2\ SE\1/4\, NE1/4 NE1/4 Section 19; Section
20 except SE1/4; Section 21 except SE\1/4\ SE\1/4\; N\1/2\ Section
22; N\1/2\, E\1/2\ SW\1/4\, W\1/2\ SE\1/4\, NE\1/4\ SE\1/4\ Section
23; W\1/2\ NW\1/4\, NE\1/4\ NW\1/4\ Section 24; NW\1/4\ Section 26;
S\1/2\ NW\1/4\, SW\1/4\, N\1/2\ SE\1/4\, NE\1/4\ Section 27; N\1/2\
NW\1/4\ Section 28; NW\1/4\, N\1/2\ NE\1/4\ Section 29; SW\1/4\
SW\1/4\ Section 30; W\1/2\, N\1/2\ SE\1/4\, W\1/2\ NE\1/4\ Section
31; W\1/2\ Section 34.
T.22N., R.08W. Willamette Meridian: E\1/2\ SE\1/4\ Section 1;
N\1/2\ NW\1/4\, W\1/2\ SW\1/4\, NW\1/4\ NE\1/4\ Section 2; Sections
3-9; W\1/2\, W\1/2\ NE\1/4\, NE\1/4\ NE\1/4\ Section 10; SE\1/4\
NW\1/4\, S\1/2\, S\1/2\ NE\1/4\ Section 11; W\1/2\ SW\1/4\, NE\1/4\
NE\1/4\ Section 12; NW\1/4\ NW\1/4\, SW\1/4\ SE\1/4\ Section 13;
NE\1/4\ NW\1/4\, N\1/2\ NE\1/4\ Section 14; Section 15 except E\1/2\
SE\1/4\, NE\1/4\; Sections 16-21; Section 22 except E\1/2\ SE\1/4\,
NE\1/4\; E\1/2\ SE\1/4\, NW\1/4\ SE\1/4\, NE\1/4\ Section 24; SE\1/
4\ SE\1/4\, NE\1/4\ NE\1/4\ Section 25; Section 27 except E\1/2\
E\1/2\; Sections 28-33; N\1/2\ NW\1/4\, SW\1/4\ NW\1/4\, SE\1/4\
SW\1/4\, E\1/2\ SE\1/4\, SW\1/4\ SE\1/4\, W\1/2\ NE\1/4\ Section 34;
Section 35 except NW\1/4\ NW\1/4\; SE\1/4\ SW\1/4\, S\1/2\ SE\1/4\,
NE\1/4\ SE\1/4\, NE\1/4\ Section 36.
T.22N., R.09N. Willamette Meridian: Sections 1-5; E\1/2\, E\1/2\
W\1/2\ Section 6; E\1/2\, E\1/2\ W\1/2\ Section 7; Sections 8-25;
Section 26 except SW\1/4\; Sections 27-33; Section 34 except S\1/2\
SE\1/4\; Section 35 except N\1/2\ NW\1/4\, W\1/2\ SW\1/4\.
T.22N., R.10W. Willamette Meridian: SE\1/4\ Section 13; SE\1/4\
NW\1/4\, SW\1/4\ SW\1/4\, E\1/2\ SW\1/4\, SE\1/4\, E\1/2\ NE\1/4\
Section 24; SE\1/4\ NW\1/4\, SW\1/4\, E\1/2\ Section 25; W\1/2\
SW\1/4\, SE\1/4\ SE\1/4\ Section 27; S\1/2\ SE\1/4\, NE\1/4\ SE\1/4\
Section 31; SW\1/4\ NW\1/4\, E\1/2\ NW\1/4\, S\1/2\, S\1/2\ NE\1/4\
Section 32; NW\1/4\ NW\1/4\, S\1/2\ SW\1/4\, SW\1/4\ SE\1/4\, NE\1/
4\ SE\1/4\ Section 33; W\1/2\ NW\1/4\, N\1/2\ SW\1/4\, NW\1/4\ SE\1/
4\, SE\1/4\ SE\1/4\, NE\1/4\ NE\1/4\ Section 34; Section 35 except
SW\1/4\ SW\1/4\; Section 36.
T.23N., R.07W. Willamette Meridian: Sections 1-3; S\1/2\, S\1/2\
NE\1/4\, NE\1/4\ NE\1/4\ Section 4; SW\1/4\ SW\1/4\ Section 7; SE\1/
4\ SW\1/4\, SE\1/4\, SE\1/4\ NE\1/4\ Section 8; Sections 9-17;
Section 18 except N\1/2\ NE\1/4\; Sections 19-30; N\1/2\, N\1/2\
SW\1/4\, SE\1/4\ Section 31; Section 32-33; Section 34 except S\1/2\
SE\1/4\; Sections 35-36.
T.23N., R.08W. Willamette Meridian: S\1/2\ NW\1/4\, N\1/2\ SW\1/
4\, SE\1/4\ SW\1/4\, SE\1/4\, S\1/2\ NE\1/4\ Section 11; Section 12
except N\1/2\ N\1/2\; Sections 13-14; S\1/2\, NE\1/4\ Section 15;
S\1/2\ SE\1/4\, NE\1/4\ SE\1/4\ Section 16; SE\1/4\ SE\1/4\ Section
20; S\1/2\, NE\1/4\ Section 21; Sections 22-29; W\1/2\ NW\1/4\,
SE\1/4\ NW\1/4\, S\1/2\, SE\1/4\ NE\1/4\ Section 30; Sections 31-34;
Section 35 except E\1/2\ SE\1/4\; N\1/2\, NE\1/4\ SE\1/4\ Section
36.
T.23N., R.09W. Willamette Meridian: E\1/2\ NW\1/4\, SW\1/4\,
SW\1/4\ SE\1/4\, W\1/2\ NE\1/4\ Section 15; S\1/2\ SE\1/4\, NE\1/4\
SE\1/4\ Section 16; SE\1/4\ SE\1/4\ Section 19; S\1/2\, S\1/2\ NE\1/
4\, NE\1/4\ NE\1/4\ Section 20; Sections 21-22; W\1/2\ NW\1/4\,
SW\1/4\, W\1/2\ SE\1/4\, SE\1/4\ SE\1/4\ Section 23; SW\1/4\ SW\1/4\
Section 24; Sections 25-29; SW\1/4\, SW\1/4\, E\1/2\ SW\1/4\, SE\1/
4\, S\1/2\ NE\1/4\ NE\1/4\ NE\1/4\ Section 30; E\1/2\ W\1/2\, E\1/2\
Section 31; Sections 32-36.
[GRAPHIC] [TIFF OMITTED] TR24MY96.009
Map and description of WA-03-b taken from United States Fish and
Wildlife Service 1:100,000 map; Mt Olympus and Shelton, Washington;
1995.
Critical Habitat includes only Federal lands designated as Late
Successional Reserves described within the following areas:
T.21N., R.06W. Willamette Meridian: W\1/2\, NW1/4 NE\1/4\
Section 3; Sections 4-8; E\1/2\, NE\1/4\ Section 9; N\1/2\ NW\1/4\
Section 10.
T.22N., R.05W. Willamette Meridian: Sections 1-4; S\1/2\, SW\1/
4\ NW\1/4\, E\1/2\ NW\1/4\, NE\1/4\ Section 5; Sections 6-10;
Section 11 except SE\1/4\ SE\1/4\; W\1/2\ Section 14; N\1/2\ NW\1/
4\, W\1/2\ SW\1/4\ Section 15; Sections 16-18; N\1/2\, W\1/2\ SW\1/
4\, N\1/2\ SE\1/4\, SE\1/4\ SE\1/4\ Section 19; Sections 20-22;
Section 26; Section 28 except SW\1/4\ SW\1/4\; N\1/2\ NW\1/4\, NE\1/
4\ SE\1/4\, N\1/2\ NE\1/4\, SE\1/4\ NE\1/4\ Section 29; NW\1/4\
NW\1/4\, S\1/2\ SW\1/4\, NE\1/4\ SW\1/4\, W\1/2\ SE\1/4\, NE\1/4\
SE\1/4\, S\1/2\ NE\1/4\ Section 30; N\1/2\ NW\1/4\, SE\1/4\ NW\1/4\,
N\1/2\ SE\1/4\, SE\1/4\ SE\1/4\, NE\1/4\ Section 31; W\1/2\, SE\1/
4\, S\1/2\ NE\1/4\ Section 32; W\1/2\ SW\1/4\, SE\1/4\ SW\1/4\
Section 33; NE\1/4\ Section 34; W\1/2\ W\1/2\, NE\1/4\ SW\1/4\
Section 36.
T.22N., R.06W. Willamette Meridian: N\1/2\, E\1/2\ SE\1/4\
Section 1; NW\1/4\, N\1/2\ NE\1/4\, SE\1/4\ NE\1/4\ Section 2; N\1/
2\ NE\1/4\ Section 3; NW\1/4\, W\1/2\ SW\1/4\, NE\1/4\ SW\1/4\,
NW\1/4\ SE\1/4\, W\1/2\ NE\1/4\, NE\1/4\ NE\1/4\ Section 5; Section
6 except S\1/2\ SE\1/4\; N\1/2\ NW\1/4\, S\1/2\ SE\1/4\, NE\1/4\
SE\1/4\ Section 8; S\1/2\ Section 9; S\1/2\ NW\1/4\, NE\1/4\ NW\1/
4\, S\1/2\, W\1/2\ NE\1/4\, SE\1/4\ NE\1/4\ Section 10; SW\1/4\,
SW\1/4\ SE\1/4\ Section 11; NE\1/4\ SE\1/4\, S\1/2\ SE\1/4\ Section
12; Section 13; NW\1/4\, N\1/2\ SW\1/4\ Section 14; Sections 15-16;
E\1/2\ Section 17; N\1/2\ SE\1/4\, SE\1/4\ SE\1/4\, S\1/2\ NE\1/4\,
NW\1/4\ NE\1/4\ Section 19; Sections 20-21; W\1/2\ NW\1/4\, NE\1/4\
NW\1/4\, W\1/2\ SW\1/4\, E\1/2\ SE\1/4\ Section 22; S\1/2\, SW\1/4\
NE\1/4\ Section 23; NE\1/4\ NW\1/4\, W\1/2\ SW\1/4\, E\1/2\ SE\1/4\,
N\1/2\ NE\1/4\, SE\1/4\ NE\1/4\ Section 24; S\1/2\ N\1/2\, NW\1/4\
NW\1/4\, N\1/2\ S\1/2\, SE\1/4\ SE\1/4\, NE\1/4\ NE\1/4\ Section 25;
N\1/2\, SW\1/4\ SW\1/4\, NE\1/4\ SE\1/4\ Section 26; Section 27
except NW\1/4\ NE\1/4\; Sections 28-29; E\1/2\ Section 30; Section
31 except W\1/2\ NW\1/4\; Sections 32-34; NW\1/4\ Section 35.
T.23N., R.05W. Willamette Meridian: W\1/2\ W\1/2\ Section 4;
S\1/2\ N\1/2\, S\1/2\ Section 5; S\1/2\ N\1/2\, S\1/2\ Section 6;
Sections 7-9; W\1/2\ SW\1/4\ Section 10; S\1/2\ SW\1/4\, SW\1/4\
SE\1/4\ Section 14; NW\1/4\, NW\1/4\ SW\1/4\, S\1/2\ SW\1/4\, S\1/2\
SE\1/4\ Section 15; Sections 16-22; Section 23 except
[[Page 26285]]
SE\1/4\ NE\1/4\, N\1/2\ NE\1/4\; NW\1/4\ SW\1/4\, S\1/2\ SW\1/4\
Section 24; W\1/2\ Section 25; Sections 26-35; Section 36 except
NE\1/4\.
T.23N., R.06W. Willamette Meridian: SE\1/4\ NW\1/4\, S\1/2\,
S\1/2\ NE\1/4\ Section 1; E\1/2\ SE\1/4\ Section 2; SW\1/4\ NW\1/4\,
SW\1/4\, W\1/2\ SE\1/4\, SE\1/4\ SE\1/4\ Section 4; Sections 5-9;
NW\1/4\ NW\1/4\, S\1/2\ N\1/2\, S\1/2\ Section 10; Sections 11-32;
Section 33 except SE\1/4\ SE\1/4\; Section 34 except SW\1/4\;
Sections 35-36.
[GRAPHIC] [TIFF OMITTED] TR24MY96.010
Map and description of WA-04-a taken from United States Fish and
Wildlife Service 1:100,000 map; Shelton and Chehalis River, Washington;
1995.
Critical Habitat includes only State or County lands described
within the following areas:
T.16N., R.03W. Willamette Meridian: NW\1/4\, W\1/2\ SW\1/4\,
W\1/2\ NE\1/4\ Section 4; Sections 5-7; NW\1/4\, W\1/2\ SW\1/4\,
W\1/2\ NE\1/4\, NE\1/4\ NE\1/4\ Section 8; NW\1/4\ NW\1/4\; NW\1/4\
NW\1/4\ Section 16; W\1/2\, NE\1/4\ Section 17; Section 18; Section
19 except S\1/2\ SE\1/4\.
T.16N., R.04W. Willamette Meridian: Sections 1-17; Section 18
except SW\1/4\; NE\1/4\ Section 19; Section 20 except W\1/2\ SW\1/
4\; Sections 21-23; N\1/2\ NW\1/4\ Section 26; Section 27 except
E\1/2\ SE\1/4\; N\1/2\ NW\1/4\, S\1/2\ SE\1/4\, NE\1/4\ SE\1/4\,
NE\1/4\ Section 28; N\1/2\ NW\1/4\, W\1/2\ NE\1/4\ Section 33.
T.16N., R.05W. Willamette Meridian: S\1/2\ SW\1/4\, SE\1/4\
Section 1; S\1/2\ SE\1/4\, NE\1/4\ SE\1/4\ Section 2; N\1/2\, SW\1/
4\, NW\1/4\ SE\1/4\ Section 11; N\1/2\ Section 12; Section 13 except
N\1/2\ NW\1/4\, NW\1/4\ NE\1/4\.
T.17N., R.03W. Willamette Meridian: Section 19; Sections 30-32;
Section 33 except SE\1/4\ SE\1/4\.
T.17N., R.04W. Willamette Meridian: Sections 14-36.
T.17N., R.05W. Willamette Meridian: Section 13; E\1/2\ Section
14; S\1/2\, NE\1/4\ Section 23; Sections 24-25; NW\1/4\ SW\1/4\,
S\1/2\ S\1/2\ Section 26; S\1/2\ SE\1/4\, NE\1/4\ SE\1/4\, SE\1/4\
NE\1/4\ Section 27; Sections 35-36.
[GRAPHIC] [TIFF OMITTED] TR24MY96.011
Map and description of WA-05-a taken from United States Fish and
Wildlife Service 1:100,000 map; Chehalis River, Washington; 1995.
Critical Habitat includes only State or County lands described
within the following areas:
T.12N., R.08W. Willamette Meridian: Section 2 except NE\1/4\
NE\1/4\; Sections 3-5; Section 9; Section 10 except NW\1/4\ NW\1/4\;
W\1/2\, N\1/2\ NE\1/4\, SW\1/4\ NE\1/4\ Section 11; W\1/2\, W\1/2\
NE\1/4\ Section 14; Sections 15-16.
T.12N., R.09W. Willamette Meridian: N\1/2\, N\1/2\ SE\1/4\,
SE\1/4\ SE\1/4\ Section 1.
T.13N., R.08W. Willamette Meridian: SW\1/4\ SW\1/4\ Section 4;
Section 5 except N\1/2\ NW\1/4\, NW\1/4\ NE\1/4\; SE\1/4\ NW\1/4\,
S\1/2\ SE\1/4\, NE\1/4\ SE\1/4\, S\1/2\ NE\1/4\ Section 6; Section 7
except SE\1/4\ NW\1/4\; NW\1/4\ NW\1/4\, W\1/2\ SW\1/4\, W\1/2\
NE\1/4\, NE\1/4\ NE\1/4\ Section 8; SW\1/4\ Section 14; NE\1/4\
SW\1/4\, SE\1/4\ Section 15; Sections 16-20; N\1/2\ Section 21;
SW\1/4\ NW\1/4\, S\1/2\, S\1/2\ NE\1/4\, NE\1/4\ NE\1/4\ Section 22;
W\1/2\ NW\1/4\, SE\1/4\ NW\1/4\, SW\1/4\ Section 23; Section 28-29;
Section 30 except N\1/2\ N\1/2\; Sections 32-33.
T.13N., R.09W. Willamette Meridian: Section 16; S\1/2\ N\1/2\,
S\1/2\, NE\1/4\ NE\1/4\ Section 24; E\1/2\ NW\1/4\, NW\1/4\ SE\1/4\,
E\1/2\ SE\1/4\, NE\1/4\ Section 25; Section 36 except N\1/2\ NW\1/
4\.
T.14N., R.09W. Willamette Meridian: Section 36 except NE\1/4\
NE\1/4\.
T.14N., R.10W. Willamette Meridian: S\1/2\, S\1/2\ NE\1/4\
Section 25; S\1/2\ Section 26; SE\1/4\ Section 27; Section 34 except
NW\1/4\ NW\1/4\; Section 35 except NW\1/4\ NE\1/4\, SE\1/4\ NE\1/4\;
Section 36.
[GRAPHIC] [TIFF OMITTED] TR24MY96.012
Map and description of WA-05-b taken from United States Fish and
Wildlife Service 1:100,000 map; Astoria, Oregon-Washington; 1995.
Critical Habitat includes only State or County lands described
within the following areas:
T.10N., R.09W. Willamette Meridian: N\1/2\, N\1/2\ SE\1/4\,
NE\1/4\ SW\1/4\ Section 3; N\1/2\ NE\1/4\ Section 4.
T.11N., R.09W. Willamette Meridian: Sections 4-10; W\1/2\
Section 14; Sections 15-18; Section 19 except SW\1/4\ SW\1/4\;
Sections 20-22; Sections 27-29; NW\1/4\, E\1/2\ Section 33; Section
34 except SW\1/4\.
T.11N., R.10W. Willamette Meridian: Section 1; E\1/2\ NW\1/4\,
E\1/2\ Section 2; E\1/2\ E\1/2\ Section 11; Section 12; N\1/2\ NW\1/
4\, SE\1/4\ NW\1/4\, NW\1/4\ SE\1/4\, E\1/2\ SE\1/4\, NE\1/4\
Section 13; Section 36 except E\1/2\ NE\1/4\.
T.12N., R.10W. Willamette Meridian: NW\1/4\, E\1/2\ NE\1/4\
Section 34; Section 36.
Critical Habitat includes only Private lands described within the
following areas:
T.11N., R.10W. Willamette Meridian: S\1/2\ NW\1/4\, N\1/2\ SW\1/
4\, SW\1/4\ SW\1/4\, that portion of the SE\1/4\ SW\1/4\ west of
Ellsworth Creek, NW\1/4\ SE\1/4\, SW\1/4\ NE\1/4\ Section 35.
T.10N., R.10W. Willamette Meridian: NW\1/4\ NW\1/4\, NW\1/4\
NE\1/4\ Section 2; NE\1/4\ NE\1/4\ Section 3.
[GRAPHIC] [TIFF OMITTED] TR24MY96.013
Map and description of WA-05-c taken from United States Fish and
Wildlife Service 1:100,000 map; Astoria, Oregon-Washington; 1995.
Critical Habitat includes only State or County lands described
within the following areas:
T.10N., R.10W. Willamette Meridian: Section 36.
Critical Habitat includes only Private lands described within the
following areas:
T.09N., R.09W. Willamette Meridian: NW1/4, W1/2 NE1/4 Section 5.
T.10N., R.09W. Willamette Meridian: That portion of the S1/2
SW1/4 Section 32 south of Bean Creek.
[[Page 26286]]
[GRAPHIC] [TIFF OMITTED] TR24MY96.014
Map and description of WA-05-d taken from United States Fish and
Wildlife Service 1:100,000 map; Cape Flattery, Washington; Astoria,
Oregon-Washington; 1995.
Critical Habitat includes only State or County lands described
within the following areas:
T. 10N., R. 06W. Willamette Meridian: Sections 2-5; N\1/2\
Section 6; S\1/2\ SE\1/4\, NE\1/4\ SE\1/4\, N\1/2\ NE\1/4\, SE\1/4\
NE\1/4\ Section 7; Sections 8-10; Sections 14-17; E\1/2\ Section 18;
Section 19; SW\1/4\ NW\1/4\, SW\1/4\, W\1/2\ NE\1/4\, NE\1/4\ NE\1/
4\ Section 20; Section 21-27; S\1/2\ NW\1/4\, S\1/2\ Section 28;
NE\1/4\ Section 29; NW\1/4\, W\1/2\ NE\1/4\ Section 30; N\1/2\, N\1/
2\ SW\1/4\ Section 33; N\1/2\, W\1/2\ SE\1/4\ Section 34; N\1/2\,
SW\1/4\, NW\1/4\ SE\1/4\ Section 35; N\1/2\, NW\1/4\ SW\1/4\, S\1/2\
SE\1/4\, NE\1/4\ SE\1/4\ Section 36.
T. 10N., R. 08W. Willamette Meridian: N\1/2\ NW\1/4\, NW\1/4\
NE\1/4\ Section 1; Section 2; NW\1/4\ Section 10; E\1/2\ NW\1/4\,
N\1/2\ SE\1/4\, NE\1/4\ Section 11; W\1/2\ NW\1/4\, SE\1/4\ NW\1/4\,
SW\1/4\ NE\1/4\ Section 12.
T. 11N., R. 07W. Willamette Meridian: N\1/2\, SW\1/4\, W\1/2\
SE\1/4\ Section 8; Section 16 except SE\1/4\ SE\1/4\; Sections 17-
20; W\1/2\, SW\1/4\ SE\1/4\ Section 21; N\1/2\ Section 29; N\1/2\,
SW\1/4\ Section 30; N\1/2\ NW\1/4\ Section 31; Section 36.
T. 11N., R. 08W. Willamette Meridian: S\1/2\, S\1/2\ NE\1/4\
Section 21; NW\1/4\ NW\1/4\, S\1/2\ NW\1/4\, SE\1/4\ Section 22;
Sections 24-28; E\1/2\ SE\1/4\, NE\1/4\ Section 33; N\1/2\, SE\1/4\
Section 34; Sections 35-36.
Critical Habitat includes only Private lands described within the
following areas:
T. 10N., R. 07W. Willamette Meridian: N\1/2\ NW\1/4\, SW\1/4\
NW\1/4\ Section 2; NE\1/4\ Section 3.
T. 11N., R. 07W. Willamette Meridian: S\1/2\ SW\1/4\ Section 35.
[GRAPHIC] [TIFF OMITTED] TR24MY96.015
Map and description of WA-05-e taken from United States Fish and
Wildlife Service 1:100,000 map; Astoria, Oregon-Washington; 1995.
Critical Habitat includes only State or County lands described
within the following areas:
T. 08N., R. 04W. Willamette Meridian: S\1/2\ Section 6; N\1/2\
Section 7.
T. 08N., R. 05W. Willamette Meridian: Section 1; NE\1/4\ Section
2; E\1/2\, W\1/2\ NE\1/4\ Section 3; Section 4; N\1/2\ SE\1/4\,
SE\1/4\ SE\1/4\ Section 5; NW\1/4\, SE\1/4\, N\1/2\ NE\1/4\ Section
9; SW\1/4\ Section 10; NE\1/4\ Section 12; Section 16; N\1/2\, N\1/
2\ SE\1/4\ Section 21.
T. 09N., R. 04W. Willamette Meridian: Section 3; SE\1/4\ Section
7; Sections 18-19; Sections 30-31.
T. 09N., R. 05W. Willamette Meridian: Section 1; N\1/2\ SE\1/4\,
SE\1/4\ SE\1/4\, N\1/2\ NE\1/4\, SE\1/4\ NE\1/4\ Section 2; SW\1/4\
SE\1/4\, E\1/2\ SE\1/4\ Section 10; Section 11 except N\1/2\ NW\1/
4\; Sections 12-14; Section 15 except N\1/2\ NW\1/4\; S\1/2\ SE\1/4\
Section 16; SE\1/4\, SE\1/4\ NE\1/4\ Section 21; Sections 22-28;
SE\1/4\ SE\1/4\ Section 29; W\1/2\ NW\1/4\, SW\1/4\, W\1/2\ SE\1/4\
SE\1/4\ SE\1/4\, E\1/2\ NE\1/4\ Section 33; Section 34 except NW\1/
4\; Sections 35-36.
T.10N., R.04W. Willamette Meridian: Section 28 except NE\1/4\
NE\1/4\; W\1/2\, NE\1/4\ Section 32; Section 34.
[GRAPHIC] [TIFF OMITTED] TR24MY96.016
Map and description of WA-05-f taken from United States Fish and
Wildlife Service 1:100,000 map; Astoria, Oregon-Washington; 1995.
Critical Habitat includes only Private lands described within the
following areas:
T.11N., R.05W. Willamette Meridian: E\1/2\ NW\1/4\, that portion
of the NE\1/4\ west of the East Fork Chehalis River Section 15.
[GRAPHIC] [TIFF OMITTED] TR24MY96.017
Map and description of WA-05-g taken from United States Fish and
Wildlife Service 1:100,000 map; Astoria, Oregon-Washington; 1995.
Critical Habitat includes only Private lands described within the
following areas:
T.11N., R.06W. Willamette Meridian: N\1/2\ NW\1/4\, SW\1/4\
NW\1/4\ Section 5; SE\1/4\ NE\1/4\ Section 6.
T.12N., R.07W. Willamette Meridian: N\1/2\ SW\1/4\ Section 28.
[GRAPHIC] [TIFF OMITTED] TR24MY96.018
Map and description of WA-05-h taken from United States Fish and
Wildlife Service 1:100,000 map; Chehalis River, Washington; 1995.
Critical Habitat includes only State or County lands described
within the following areas:
T.12N, R.05W. Willamette Meridian: NW\1/4\ Section 6.
T.12N, R.06W. Willamette Meridian: NE\1/4\ Section 1; N\1/2\,
N\1/2\ S\1/2\ Section 3; N\1/2\ N\1/2\ Section 6.
T.12N, R.07W. Willamette Meridian: N\1/2\, N\1/2\ SW\1/4\
Section 1; N\1/2\, N\1/2\ S\1/2\ Section 2, NE\1/4\ Section 3.
[[Page 26287]]
T.12N, R.08W. Willamette Meridian: NE\1/4\ Section 1.
T.13N, R.05W. Willamette Meridian: S\1/2\ S\1/2\ Section 7;
NE\1/4\ SW\1/4\, S\1/2\ SW\1/4\, SE\1/4\ Section 8; S\1/2\ SW\1/4\,
NE\1/4\ SW\1/4\ Section 9; S\1/2\ Section 10; Sections 15-21;
Section 22 except SE\1/4\ SW\1/4\, SW\1/4\ SE\1/4\, E\1/2\ E\1/2\;
N\1/2\ NW\1/4\, SW\1/4\ NW\1/4\ Section 27; NE\1/4\ Section 28;
Section 29-31; Section 32 except W\1/2\ SW\1/4\.
T.13N, R.06W. Willamette Meridian: NW\1/4\, W\1/2\ SW\1/4\,
NE\1/4\ SW\1/4\, W\1/2\ NE\1/4\ Section 5; Sections 6-7; W\1/2\
NW\1/4\ Section 8; S\1/2\ SE\1/4\ Section 10; S\1/2\ SW\1/4\, SE\1/
4\ Section 11; S\1/2\ Section 12; Sections 13-15; SE\1/4\ Section
16; Sections 18-33; Section 34 except SW\1/4\ SW\1/4\; Section 35;
N\1/2\, SW\1/4\ NW\1/4\, SW\1/4\ SW\1/4\, E\1/2\ SE\1/4\ Section 36.
T.13N, R.07W. Willamette Meridian: Sections 1-2; Section 3
except N\1/2\ NW\1/4\; N\1/2\, W\1/2\ SW\1/4\ Section 6; W\1/2\,
SW\1/4\ SE\1/4\ Section 7; SE\1/4\ NE\1/4\, NE\1/4\ SE\1/4\ Section
9; Section 10 except NE\1/4\; Sections 11-16; W\1/2\ SW\1/4\, SE\1/
4\ SW\1/4\, S\1/2\ SE\1/4\, NE\1/4\ SE\1/4\, NE\1/4\ Section 17;
NW\1/4\, E\1/2\ Section 18; S\1/2\ NW\1/4\, S\1/2\, E\1/2\ NE\1/4\
Section 19; N\1/2\, SE\1/4\ Section 20; Sections 21-24; Section 27;
Section 29 except W\1/2\ NW\1/4\; S\1/2\ Section 30; W\1/2\ Section
31; NW\1/4\, NW\1/4\ NE\1/4\, Section 32; Section 36.
T.13N, R.08W. Willamette Meridian: S\1/2\ Section 1; S\1/2\
SE\1/4\ Section 2; N\1/2\ NW\1/4\, SE\1/4\ SW\1/4\, E\1/2\ Section
12.
T.14N, R.06W. Willamette Meridian: SW\1/4\ NW\1/4\, W\1/2\ SW\1/
4\ Section 31.
T.14N, R.07W. Willamette Meridian: SE\1/4\ SE\1/4\ Section 34;
SW\1/4\ SW\1/4\, SE\1/4\ SE\1/4\ Section 35; Section 36.
[GRAPHIC] [TIFF OMITTED] TR24MY96.019
Map and description of WA-06-a taken from United States Fish and
Wildlife Service 1:100,000 map; Port Angeles, Mt Olympus and Seattle,
Washington; 1995.
Critical Habitat includes only Federal lands designated as Late
Successional Reserves described within the following areas:
T.26N., R.02W. Willamette Meridian: W\1/2\ SW\1/4\, NE\1/4\
SE\1/4\, NE\1/4\ Section 2; Section 3 except E\1/2\ NE\1/4\; NW\1/
4\, E\1/2\ Section 4; W\1/2\, W\1/2\ SE\1/4\, N\1/2\ NE\1/4\ Section
5; Sections 6-7; W\1/2\, S\1/2\ SE\1/4\ Section 8; S\1/2\ S\1/2\,
NE\1/4\ NE\1/4\ Section 9; Section 10 except SW\1/4\ NW\1/4\;
Section 14 except E\1/2\ SE\1/4\; N\1/2\ NW\1/4\, S\1/2\ SW\1/4\,
NE\1/4\ SE\1/4\, E\1/2\ NE\1/4\, NW\1/4\ NE\1/4\ Section 15; Section
16-21; W\1/2\, SW\1/4\ SE\1/4\ Section 22; Section 27 except NE\1/4\
NE\1/4\.
T.26N., R.03W. Willamette Meridian: Sections 1-3; E\1/2\, E\1/2\
W\1/2\ Section 10; Sections 11-13; Section 14 except the SW\1/4\
SW\1/4\; S\1/2\ NW\1/4\, NE\1/4\ NW\1/4\, SW\1/4\, SW\1/4\ SE\1/4\,
NE\1/4\ Section 15; S\1/2\ Section 16; SE\1/4\ SE\1/4\ Section 17;
S\1/2\ N\1/2\, N\1/2\ S\1/2\ Section 19; S\1/2\ NW\1/4\, NE\1/4\
NW\1/4\, N\1/2\ SW\1/4\, NE\1/4\ Section 20; NE\1/4\ Section 21;
N\1/2\ NW\1/4\, N\1/2\ SE\1/4\, NE\1/4\ Section 22; Section 23
except SW\1/4\ SW\1/4\, NE\1/4\ SE\1/4\; Section 24 except N\1/2\
SW\1/4\.
T.26N., R.04W. Willamette Meridian: E\1/2\ NW\1/4\, NE\1/4\
SW\1/4\, NE\1/4\ Section 24.
T.27N., R.02W. Willamette Meridian: SW\1/4\ SW\1/4\ Section 5;
Section 6 except NE\1/4\ NE\1/4\; Section 7; W\1/2\ W\1/2\ Section
8; W\1/2\, W\1/2\ SE\1/4\ Section 17; Sections 18-19; Section 20
except the NE\1/4\ NE\1/4\; S\1/2\ NW\1/4\, SW\1/4\ Section 28;
Sections 29-33; W\1/2\, N\1/2\ NE\1/4\ Section 34; N\1/2\ NW\1/4\,
E\1/2\ Section 35.
T.27N., R.03W. Willamette Meridian: Sections 1-2; N\1/2\ SE\1/
4\, SE\1/4\ SE\1/4\, NE\1/4\ Section 3; Section 11-13; Section 14
except SW\1/4\ NW\1/4\; SE\1/4\ Section 15; E\1/2\, SE\1/4\ SW\1/4\
Section 22; Sections 23-26; Section 27 except NW\1/4\ NW\1/4\; S\1/
2\ Section 28; E\1/2\ NW\1/4\, NE\1/4\ Section 33; N\1/2\ NW\1/4\,
SE\1/4\ NW\1/4\, S\1/2\ SW\1/4\, NE\1/4\ SW\1/4\, E\1/2\ Section 34;
Sections 35-36.
T.28N., R.02W. Willamette Meridian: N\1/2\ N\1/2\, SW\1/4\ NE\1/
4\ Section 5; SW\1/4\ SW\1/4\ Section 7; S\1/2\ SW\1/4\ Section 8;
N\1/2\ NW\1/4\, NW\1/4\ SE\1/4\, S\1/2\ SE\1/4\ Section 17; NW\1/4\,
S\1/2\ NE\1/4\ Section 18; NW\1/4\, S\1/2\ SW\1/4\ Section 20; SW\1/
4\ Section 28; NW\1/4\, W\1/2\ NE\1/4\ Section 29; SE\1/4\ SW\1/4\,
S\1/2\ SE\1/4\ Section 30; S\1/2\ NW\1/4\, SW\1/4\, W\1/2\ SE\1/4\,
N\1/2\ NE\1/4\ Section 31.
T.28N., R.03W. Willamette Meridian: N\1/2\, W\1/2\ SE\1/4\,
NE\1/4\ SE\1/4\ Section 1; W\1/2\, SW\1/4\ SE\1/4\, NE\1/4\ Section
2; Sections 3-10; W\1/2\, NW\1/4\ SE\1/4\, S\1/2\ SE\1/4\ Section
11; S\1/2\ SW\1/4\, NE\1/4\ SW\1/4\, SE\1/4\, SE\1/4\ NE\1/4\
Section 12; Sections 13-23; N\1/2\, NW\1/4\ SW\1/4\, NE\1/4\ SE\1/4\
Section 24; N\1/2\ SW\1/4\, W\1/2\ NW\1/4\ Section 25; Sections 26-
29; N\1/2\, N\1/2\ SW\1/4\, SW\1/4\ SW\1/4\, N\1/2\ SE\1/4\ Section
30; NE\1/4\ NW\1/4\, E\1/2\ Section 32; Section 33 except S\1/2\
SW\1/4\, SW\1/4\ SE\1/4\; Section 34; Section 35 except NE\1/4\
SE\1/4\, SE\1/4\ NE\1/4\; SE\1/4\ Section 36.
T.28N., R.04W. Willamette Meridian: NE\1/4\ NE\1/4\ Section 1;
SE\1/4\ SE\1/4\, SE\1/4\ NE\1/4\ Section 12; S\1/2\ SW\1/4\, NE\1/4\
SW\1/4\, SE\1/4\, SW\1/4\ NE\1/4\, E\1/2\ NE\1/4\ Section 13; E\1/2\
SE\1/4\, SE\1/4\ NE\1/4\ Section 23; Sections 24-25; SE\1/4\ SW\1/
4\, S\1/2\ SE\1/4\, NE\1/4\ SE\1/4\, E\1/2\ NE\1/4\ Section 26; E\1/
2\ W\1/2\, E\1/2\ Section 35; NW\1/4\, N\1/2\ SW\1/4\, SW\1/4\ SW\1/
4\, N\1/2\ NE\1/4\, SW\1/4\ NE\1/4\ Section 36.
T.29N., R.02W. Willamette Meridian: W\1/2\ NW\1/4\, SE\1/4\
NW\1/4\, S\1/2\, S\1/2\ NE\1/4\ Section 30; SW\1/4\ NW\1/4\, W\1/2\
SW\1/4\, NE\1/4\ SE\1/4\ Section 31; W\1/2\ NW\1/4\, SE\1/4\ NW\1/
4\, SW\1/4\, W\1/2\ SE\1/4\ Section 32.
T.29N., R.03W. Willamette Meridian: Section 19; NW\1/4\, W\1/2\
SW\1/4\ Section 20; SE\1/4\ SE\1/4\ Section 22; SE\1/4\ NW\1/4\,
S\1/2\, SW\1/4\ NE\1/4\, E\1/2\ NE\1/4\ Section 23; Section 24
except NE\1/4\ SE\1/4\, SE\1/4\ NE\1/4\; Section 25; N\1/2\, N\1/2\
SW\1/4\, E\1/2\ SE\1/4\ Section 26; S\1/2\, SW\1/4\ NE\1/4\, E\1/2\
NE\1/4\ Section 27; SE\1/4\ NW\1/4\, SW\1/4\ Section 28; Section 29
except NE\1/4\ NE\1/4\; Sections 30-34; S\1/2\, SW\1/4\ NW\1/4\,
NE\1/4\ NE\1/4\ Section 35; Section 36.
T.29N., R.04W. Willamette Meridian: S\1/2\, S\1/2\ NW\1/4\,
NW\1/4\ NW\1/4\, SW\1/4\ NE\1/4\ Section 19; S\1/2\ Section 20; S\1/
2\ Section 21; E\1/2\ W\1/2\, SW\1/4\ SW\1/4\, W\1/2\ SE\1/4\, NE\1/
4\ Section 22; E\1/2\ SW\1/4\, NW\1/4\ SW\1/4\, E\1/2\, NW\1/4\
NW\1/4\ Section 23; Section 24; Section 25 except NW\1/4\ NW\1/4\;
W\1/2\ NW\1/4\, NE\1/4\ SW\1/4\, E\1/2\ Section 26; N\1/2\, N\1/2\
SE\1/4\ Section 27; Sections 28-30; N\1/2\ Section 32; N\1/2\ NW\1/
4\, SW\1/4\ NW\1/4\, NW\1/4\ NE\1/4\ Section 33; E\1/2\ NE\1/4\,
SW\1/4\ NE\1/4\, NE\1/4\ SW\1/4\ Section 34; W\1/2\ NW\1/4\, SE\1/4\
NW\1/4\, N\1/2\ SW\1/4\, NE\1/4\ SW\1/4\, N\1/2\ SE\1/4\, S\1/2\
NE\1/4\, NE\1/4\ NE\1/4\ Section 35; Section 36 except SW\1/4\ SW\1/
4\.
Critical Habitat includes only State or County lands described
within the following areas:
T.29N., R.03W. Willamette Meridian: W\1/2\ SW\1/4\, SE\1/4\
SW\1/4\, SW\1/4\ SE\1/4\ Section 4; S\1/2\ SW\1/4\, SE\1/4\, SW\1/4\
NE\1/4\ Section 5; SW\1/4\ NW\1/4\, W\1/2\ SW\1/4\, S\1/2\ SE\1/4\
Section 6; Section 7 except E\1/2\ NW\1/4\; Sections 8-9; W\1/2\
NW\1/4\, SE\1/4\ NW\1/4\, SW\1/4\, NW\1/4\ SE\1/4\, NE\1/4\ Section
10; NW\1/4\, E\1/2\ SW\1/4\, SE\1/4\, SE\1/4\ NE\1/4\ Section 11;
NW\1/4\, E\1/2\ SW\1/4\ Section 13; Section 14 except W\1/2\ NW\1/
4\, SE\1/4\ NW\1/4\; N\1/2\ NW\1/4\ Section 15; W\1/2\, NW\1/4\
NE\1/4\, NW\1/4\ SE\1/4\ Section 16; Section 17; NW\1/4\ NW\1/4\,
E\1/2\ NW\1/4\, NE\1/4\ SW\1/4\, E\1/2\ Section 18; S\1/2\ NW\1/4\,
NE\1/4\ SE\1/4\, NE\1/4\ Section 21; NE\1/4\ NE\1/4\ Section 28.
T.29N, R.04W. Willamette Meridian: E\1/2\ SE\1/4\, SW\1/4\ SE\1/
4\ Section 1; E\1/2\, SE\1/4\ SW\1/4\ Section 12; E\1/2\ NW\1/4\,
NE\1/4\ SW\1/4\, N\1/2\ SE\1/4\, SW\1/4\ SE\1/4\, NE\1/4\ Section
18.
[[Page 26288]]
[GRAPHIC] [TIFF OMITTED] TR24MY96.020
Map and description of WA-06-b taken from United States Fish and
Wildlife Service 1:100,000 map; Mt Olympus and Shelton, Washington;
1995.
Critical Habitat includes only Federal lands designated as Late
Successional Reserves described within the following areas:
T.23N., R.04W. Willamette Meridian: NW\1/4\, N\1/2\ NE\1/4\
Section 3; Section 4 except SE\1/4\ SE\1/4\; Sections 5-6; N\1/2\
Section 7; N\1/2\ Section 8; NW\1/4\ Section 9.
T.23N., R.05W. Willamette Meridian: E\1/2\ SW\1/4\, SE\1/4\
Section 3; NE\1/4\ NW\1/4\, NE\1/4\ SE\1/4\, NE\1/4\ Section 10;
S\1/2\ N\1/2\, N\1/2\ S\1/2\ Section 11; S\1/2\ NW\1/4\, NE\1/4\
NW\1/4\, NE\1/4\ Section 12.
T.24N., R.03W. Willamette Meridian: Sections 5-6; NW\1/4\, NW\1/
4\ NE\1/4\ Section 7.
T.24N., R.04W. Willamette Meridian: Sections 1-5; E\1/2\ E\1/2\
Section 6; Section 7 except NW\1/4\ NW\1/4\, SE\1/4\ SE\1/4\;
Sections 8-16; SE\1/4\ SW\1/4\, E\1/2\ Section 17; N\1/2\ NW\1/4\
Section 18; N\1/2\ SE\1/4\, SE\1/4\ SE\1/4\, S\1/2\ NE\1/4\, NE\1/4\
NE\1/4\ Section 19; Sections 20-24; Section 25 except SE\1/4\ SE\1/
4\; Sections 26-29; SE\1/4\, S\1/2\ NE\1/4\, NE\1/4\ NE\1/4\ Section
30; Section 31 except NW\1/4\ NW\1/4\; Sections 32-35; N\1/2\ NW\1/
4\ Section 36.
T.24N., R.05W. Willamette Meridian: SE\1/4\ SE\1/4\ Section 12;
N\1/2\ NW\1/4\, NE\1/4\ Section 13.
T.25N., R.03W. Willamette Meridian: Section 1 except E\1/2\
SW\1/4\, W\1/2\ SE\1/4\; Sections 2-3; E\1/2\ E\1/2\ Section 4; E\1/
2\ E\1/2\ Section 9; Sections 10-12; N\1/2\, N\1/2\ SE\1/4\, SE\1/4\
SE\1/4\ Section 13; Sections 14-15; Section 16 except NW\1/4\ NW\1/
4\; SE\1/4\ NW\1/4\, S\1/2\, S\1/2\ NE\1/4\ Section 17; SE\1/4\
SE\1/4\ Section 18; E\1/2\ NW\1/4\, S\1/2\ SW\1/4\, NE\1/4\ SW\1/4\,
E\1/2\ Section 19; Sections 20-21; Section 22 except S\1/2\ SE\1/4\;
SE\1/4\ Section 23; S\1/2\ NW\1/4\, S\1/2\ Section 24; Section 25;
S\1/2\ NW\1/4\, SW\1/4\, E\1/2\ SE\1/4\, SW\1/4\ NE\1/4\ Section 26;
NW\1/4\, N\1/2\ S\1/2\, S\1/2\ NE\1/4\ Section 27; Sections 28-32;
Section 33 except E\1/2\ E\1/2\, SW\1/4\ SE\1/4\; SE\1/4\ NW\1/4\,
E\1/2\ SW\1/4\; NW\1/4\ SE\1/4\, NE\1/4\ Section 36.
T.25N., R.04W. Willamette Meridian: E\1/2\ E\1/2\, SW\1/4\ SE\1/
4\ Section 25; SW\1/4\ Section 26; S\1/2\, S\1/2\ NE\1/4\ Section
27; S\1/2\, NE\1/4\ Section 33; Sections 34-36.
T.26N., R.02W. Willamette Meridian: Section 31.
T.26N., R.03W. Willamette Meridian: Section 25; E\1/2\ Section
26; S\1/2\ Section 34; Section 35 except W\1/2\ NW\1/4\; Section 36.
[GRAPHIC] [TIFF OMITTED] TR24MY96.021
Map and description of WA-07-a taken from United States Fish and
Wildlife Service 1:100,000 map; Bellingham and Mt. Baker, Washington;
1995.
Critical Habitat includes only Federal lands designated as Late
Successional Reserves described within the following areas:
T.37N., R.06E. Willamette Meridian: NE\1/4\ Section 1.
T.37N., R.07E. Willamette Meridian: W\1/2\, W\1/2\ E\1/2\
Section 3; Sections 4-5; N\1/2\, N\1/2\ SE\1/4\ Section 6; NE\1/4\
NW\1/4\, N\1/2\ NE\1/4\ Section 8; NE\1/4\ NW\1/4\, NW\1/4\ NE\1/4\
Section 10.
T.38N., R.06E. Willamette Meridian: Section 1; Sections 12-13;
E\1/2\, E\1/2\ W\1/2\ Section 36.
T.38N., R.07E. Willamette Meridian: NW\1/4\, N\1/2\ SW\1/4\,
SW\1/4\ SW\1/4\ Section 3; Sections 4-8; Section 9 except S\1/2\
SE\1/4\; W\1/2\ NW\1/4\ Section 10; NW\1/4\ Section 16; Section 17
except E\1/2\ SE\1/4\; Sections 18-19; NW\1/4\, W\1/2\ NE\1/4\,
NW\1/4\ SW\1/4\ Section 20; SW\1/4\, W\1/2\ SE\1/4\ Section 27; E\1/
2\ SE\1/4\ Section 28; SW\1/4\ SW\1/4\ Section 29; Section 30 except
NE\1/4\ SE\1/4\; Sections 31-33; W\1/2\ Section 34.
T.39N., R.06E. Willamette Meridian: Section 25; Section 36.
T.39N., R.07E. Willamette Meridian: Sections 1-4; Section 5
except SW\1/4\ SW\1/4\, SE\1/4\ SE\1/4\; E\1/2\ Section 8; Sections
9-12; Sections 14-15; N\1/2\, SE\1/4\ Section 16; NE\1/4\ Section
17; Section 21 except NW\1/4\; W\1/2\ Section 22; NE\1/4\ NW\1/4\,
N\1/2\ NE\1/4\ Section 23; W\1/2\, SW\1/4\ NE\1/4\ Section 27;
Section 28; W\1/2\ SW\1/4\ Section 30; Sections 31-33; W\1/2\
Section 34.
T.39N., R.08E. Willamette Meridian: Sections 1-12; W\1/2\
Section 15; Sections 16-17; SE\1/4\ SW\1/4\, SE\1/4\, S\1/2\ NE\1/
4\, NE\1/4\ NE\1/4\ Section 19; Sections 20-21; W\1/2\ Section 22.
T.39N., R.09E. Willamette Meridian: N\1/2\ NW\1/4\, SW\1/4\
NW\1/4\, NW\1/4\ SW\1/4\, S\1/2\ SW\1/4\, N\1/2\ NE\1/4\ Section 3;
Sections 4-8; Section 9 except SW\1/4\ SE\1/4\; Section 10 except
E\1/2\ E\1/2\; SW\1/4\ NW\1/4\, NW\1/4\ SW\1/4\ Section 14; NE\1/4\
NW\1/4\, NE\1/4\ SE\1/4\, NE\1/4\ Section 15; W\1/2\ Section 16;
Section 17; NE\1/4\, N\1/2\ SE\1/4\, SE\1/4\ SE\1/4\ Section 18;
NE\1/4\ NW\1/4\, NE\1/4\ Section 20; NW\1/4\, N\1/2\ SW\1/4\, W\1/2\
NE\1/4\ Section 21.
T.40N., R.07E. Willamette Meridian: Sections 1-4; E\1/2\, E\1/2\
W\1/2\ Section 5; E\1/2\ NW\1/4\, N\1/2\ SE\1/4\, NE\1/4\ Section 8;
Section 9 except SW\1/4\ SW\1/4\; Sections 10-15; E\1/2\ NW\1/4\,
E\1/2\ Section 16; SE\1/4\, E\1/2\ SW\1/4\ Section 20; SW\1/4\, E\1/
2\ Section 21; Sections 22-28; E\1/2\ W\1/2\, E\1/2\ Section 29;
Sections 32-36.
T.40N., R.08E. Willamette Meridian: Section 2 except NE\1/4\,
NE\1/4\ NW\1/4\, NE\1/4\ SE\1/4\; Sections 3-10; Section 11 except
S\1/2\ SE\1/4\; NW\1/4\ Section 12; NW\1/4\, N\1/2\ SW\1/4\, NW\1/4\
SE\1/4\, NE\1/4\ Section 15; Sections 16-20; NW\1/4\, W\1/2\ SW\1/
4\, NW\1/4\ NE\1/4\ Section 29; Sections 30-31; S\1/2\, W\1/2\ NW\1/
4\, S\1/2\ NE\1/4\ Section 32; Section 33 except NW\1/4\ NW\1/4\;
Sections 34-36.
T.40N., R.09E. Willamette Meridian: SE\1/4\ SE\1/4\ Section 19;
S\1/2\ NW\1/4\, SW\1/4\, W\1/2\ E\1/2\ Section 20; Section 29 except
E\1/2\ SE\1/4\, SE\1/4\ NE\1/4\; S\1/2\ SW\1/4\, NE\1/4\ SW\1/4\,
S\1/2\ SE\1/4\, NE\1/4\ SE\1/4\, E\1/2\ NE\1/4\ Section 30; Sections
31-32; S\1/2\ S\1/2\, N\1/2\ SE\1/4\ Section 33; Section 34 except
N\1/2\ N\1/2\; S\1/2\ N\1/2\, SW\1/4\, N\1/2\ SE\1/4\, SW\1/4\ SE\1/
4\ Section 35.
T.41N., R.07E. Willamette Meridian: Sections 32-36.
T.41N., R.08E. Willamette Meridian: Sections 31-34, W\1/2\ SW\1/
4\ Section 35.
[[Page 26289]]
[GRAPHIC] [TIFF OMITTED] TR24MY96.022
Map and description of WA-07-b taken from United States Fish and
Wildlife Service 1:100,000 map; Bellingham, Washington; 1995.
Critical Habitat includes only State or County lands described
within the following areas:
T.37N., R.06E. Willamette Meridian: SW\1/4\ SW\1/4\ Section 20;
NE\1/4\ NE\1/4\ Section 28.
Critical Habitat includes only Private lands described within the
following areas:
T.37N., R.06E. Willamette Meridian: N\1/2\ SW\1/4\, SE\1/4\
SW\1/4\, SE\1/4\ Section 20; SW\1/4\ Section 21; Section 28 except
NE\1/4\; N\1/2\ NE\1/4\ Section 29; N\1/2\ NW\1/4\ Section 33.
[GRAPHIC] [TIFF OMITTED] TR24MY96.023
Map and description of WA-07-c taken from United States Fish and
Wildlife Service 1:100,000 map; Mt Baker and Sauk River, Washington;
1995.
Critical Habitat includes only Federal lands designated as Late
Successional Reserves described within the following areas:
T.35N., R.09E. Willamette Meridian: Sections 1-2; E\1/2\ W\1/2\,
E\1/2\ Section 11; Section 12; NE\1/4\ NE\1/4\ Section 13; NE\1/4\
NW\1/4\, N\1/2\ NE\1/4\ Section 14.
T.35N., R.10E. Willamette Meridian: W\1/2\ NW\1/4\, SE\1/4\
NW\1/4\, SW\1/4\, S\1/2\ SE\1/4\ Section 6; Section 7; Section 8
except N\1/2\ NE\1/4\; W\1/2\ SW\1/4\ Section 9; N\1/2\ NW\1/4\
Section 17; N\1/2\ NE\1/4\, NW\1/4\ Section 18.
T.36N., R.07E. Willamette Meridian: Section 1; E\1/2\ SE\1/4\,
NE\1/4\ Section 2; Section 3; E\1/2\ E\1/2\ Section 4.
T.36N., R.08E. Willamette Meridian: Section 5; W\1/2\ W\1/2\
Section 6.
T.36N., R.09E. Willamette Meridian: Sections 1-4; E\1/2\ Section
5; Section 8 except S\1/2\ SE1/4; W\1/2\ NW\1/4\, NW\1/4\ SW\1/4\,
NE\1/4\ NE\1/4\ Section 9; N\1/2\ NW\1/4\, N\1/2\ SE\1/4\, SE\1/4\
SE\1/4\, NW\1/4\ NE\1/4\ Section 10; Section 11 except S\1/2\ NW\1/
4\, NE\1/4\ NW\1/4\; Sections 12-15; Sections 21-24; S\1/2\ NW\1/4\
Section 26; Section 27 except SW\1/4\ SW\1/4\; Section 28 except
SE\1/4\ SE\1/4\; S\1/2\, S\1/2\ NE\1/4\, SE\1/4\ NW\1/4\ Section 33.
T.36N., R.10E. Willamette Meridian: SW\1/4\ SW\1/4\ Section 5;
S\1/2\ S\1/2\ Section 6; Section 7; W\1/2\ W\1/2\ Section 8; W\1/2\,
W\1/2\ SE\1/4\ Section 17; Sections 18-20; SW\1/4\ Section 21; W\1/
2\ Section 28; Sections 29-30; N\1/2\, SW\1/4\ Section 31; N\1/2\
N\1/2\ Section 32; N\1/2\ NW\1/4\ Section 33.
T.37N., R.07E. Willamette Meridian: S\1/2\ SE\1/4\ Section 9;
S\1/2\, S\1/2\ NE\1/4\ Section 10; S\1/2\, NE\1/4\ Section 11; SW\1/
4\ NW\1/4\, NW\1/4\ SW\1/4\ Section 12; W\1/2\ NW\1/4\, W\1/2\ SW\1/
4\, SE\1/4\ SW\1/4\, S\1/2\ SE\1/4\ Section 13; Sections 14-15;
Section 16 except NW\1/4\ NW\1/4\; E\1/2\ SE\1/4\ Section 17; NE\1/
4\ NE\1/4\ Section 20; Sections 21-27; Section 28 except E\1/2\ E\1/
2\, SE\1/4\ SW\1/4\; E\1/2\, NE\1/4\ NW\1/4\ Section 33; Sections
34-36.
T.37N., R.08E. Willamette Meridian: Sections 1-3; N\1/2\ NW\1/
4\, SE\1/4\ NW\1/4\, N\1/2\ SE\1/4\ SE\1/4\ SE\1/4\, NE\1/4\ Section
4; NE\1/4\ SW\1/4\, SE\1/4\, S\1/2\ NE\1/4\ Section 7; S\1/2\
Section 8; Section 9 except N\1/2\ NW\1/4\; Sections 10-16; N\1/2\,
N\1/2\ SE\1/4\ Section 17; SW\1/4\ SW\1/4\, NE\1/4\ NE\1/4\ Section
18; Section 19; Section 20 except NE\1/4\ NE\1/4\; Section 21 except
NW\1/4\ NW\1/4\; Sections 22-36.
T.37N., R.09E. Willamette Meridian: Sections 1-10; N\1/2\ N\1/
2\, SW\1/4\ NW\1/4\, W\1/2\ SW\1/4\, SE\1/4\ SW\1/4\ Section 11;
NE\1/4\ NE\1/4\ Section 12; N\1/2\ NW\1/4\, W\1/2\ SW\1/4\ Section
14; Sections 15-22; W\1/2\ W\1/2\, SE\1/4\ SW\1/4\ Section 23; SW\1/
4\ SW\1/4\ Section 25; W\1/2\, SE\1/4\ Section 26; Sections 27-29;
Section 30 except SW\1/4\ SW\1/4\; Section 31 except NW\1/4\ NW\1/
4\, S\1/2\ NW\1/4\, SW\1/4\ SW\1/4\; Sections 32-35; W\1/2\ Section
36.
T.37N., R.10E. Willamette Meridian: Section 6; N\1/2\ NW\1/4\,
NW\1/4\ NE\1/4\ Section 7.
T.38N., R.08E. Willamette Meridian: E\1/2\ SE\1/4\ Section 23;
S\1/2\, S\1/2\ NE\1/4\ Section 24; Section 25; E\1/2\, E\1/2\ SW\1/
4\ Section 26; S\1/2\ SW\1/4\ Section 33; S\1/2\ S\1/2\ Section 34;
Section 35 except W\1/2\ NW\1/4\; Section 36.
T.38N., R.09E. Willamette Meridian: Sections 13-15; Section 16
except W\1/2\ NW\1/4\; S\1/2\ SE\1/4\ Section 17; Section 19 except
N\1/2\ N\1/2\; Section 20 except N\1/2\ NW\1/4\; Sections 21-31;
Section 32 except NW\1/4\; Sections 33-36.
T.38N., R.10E. Willamette Meridian: Section 18 except N\1/2\
NE\1/4\; Section 19; Sections 30-31.
[GRAPHIC] [TIFF OMITTED] TR24MY96.024
Map and description of WA-07-d taken from United States Fish and
Wildlife Service 1:100,000 map; Cape Flattery, Mt Baker and Sauk River,
Washington; 1995.
Critical Habitat includes only Federal lands designated as Late
Successional Reserves described within the following areas:
T.34N, R.12E. Willamette Meridian: Sections 1-3; NE\1/4\ NW\1/
4\, N\1/2\ NE\1/4\ Section 10; N\1/2\ N\1/2\ Section 11; N\1/2\
NW\1/4\, NW\1/4\ NE\1/4\ Section 12.
T.34N, R.13E. Willamette Meridian: W\1/2\ Section 4; Sections 5-
6; N\1/2\ NW\1/4\, N\1/2\ NE\1/4\, SE\1/4\ NE\1/4\, NE\1/4\ SE\1/4\
Section 8; NW\1/4\, W\1/2\ NE\1/4\ Section 9.
T.35N, R.11E. Willamette Meridian: N\1/2\, N\1/2\ SE\1/4\
Section 1; N\1/2\, NW\1/4\ SW\1/4\ Section 2; N\1/2\, N\1/2\ SW\1/
4\, SW\1/4\ SW\1/4\ Section 3; Section 4.
T.35N, R.12E. Willamette Meridian: S\1/2\ SW\1/4\, NW\1/4\ SW\1/
4\ Section 5; W\1/2\, SE\1/4\, S\1/2\ NE\1/4\ Section 6; Sections 7-
8; Section 9 except NE\1/4\, NE\1/4\ SE\1/4\, NE\1/4\ NW\1/4\; SW\1/
4\ SW\1/4\ Section 10; N\1/2\ NW\1/4\, SW\1/4\ NW\1/4\ Section 13;
Section 14 except S\1/2\ SE\1/4\; Sections 15-18; Section 19 except
SW\1/4\ NW\1/4\, W\1/2\ SW\1/4\; Sections 20-22; NW\1/4\, N\1/2\
SW\1/4\, SW\1/4\ SW\1/4\ Section 23; S\1/2\, S\1/2\ N\1/2\ Section
25; S\1/2\, S\1/2\ N\1/2\, NW\1/4\ NW\1/4\ Section 26; Sections 27-
29; NE\1/4\, E\1/2\ SE\1/4\ Section 30; NE\1/4\ NW\1/4\ Section 31;
Sections 32-36.
T.35N, R.13E. Willamette Meridian: SW
FR Doc. 96-12647 Endangered and Threatened Wildlife and Plants; Final Designation of Critical Habitat for the Marbled Murrelet
\1/4\, SW\1/4\ SE\1/4\
Section 30; Section 31 except NE\1/4\ NE\1/4\; SW\1/4\, S\1/2\ SE\1/
4\ Section 32; S\1/2\ SW\1/4\ Section 33.
T.36N, R.11E. Willamette Meridian: SE\1/4\ SW\1/4\, SE\1/4\
Section 23; SW\1/4\ SW\1/4\ Section 24; W\1/2\ Section 25; Section
26; Section 27 except N\1/2\ NW\1/4\, NW\1/4\ NE\1/4\; E\1/2\ SE\1/
4\ Section 28; Sections 33-35; Section 36 except E\1/2\ NE\1/4\.
[[Page 26290]]
[GRAPHIC] [TIFF OMITTED] TR24MY96.025
Map and description of WA-08-a taken from United States Fish and
Wildlife Service 1:100,000 map; Bellingham, Mt. Baker and Sauk River,
Washington; 1995.
Critical Habitat includes only Federal lands designated as Late
Successional Reserves described within the following areas:
T.32N., R.08E. Willamette Meridian: N\1/2\ Section 1; N\1/2\
Section 3; NW\1/4\ NW\1/4\, S\1/2\ NW\1/4\, NE\1/4\ Section 4; N\1/
2\ Section 5; N\1/2\ Section 6.
T.33N., R.08E. Willamette Meridian: Sections 1-30; Section 31
except S\1/2\ SE\1/4\; Section 32; Section 33 except S\1/2\ SE\1/4\;
Section 34 except SE\1/4\ SW\1/4\; Section 35; Section 36 except
N\1/2\ SE\1/4\, SE\1/4\ NE\1/4\.
T.33N., R.09E. Willamette Meridian: W\1/2\, W\1/2\ E\1/2\
Section 2; Section 3 except S\1/2\ SW\1/4\; Sections 4-8; Section 9
except E\1/2\ SE\1/4\, SE\1/4\ NE\1/4\; E\1/2\ E\1/2\, NW\1/4\ NE\1/
4\ Section 10; W\1/2\, NW\1/4\ SE\1/4\, W\1/2\ NE\1/4\ Section 11;
NW\1/4\ NW\1/4\ Section 14; NE\1/4\ NE\1/4\ Section 15; W\1/2\
Section 16; Sections 17-20; Section 21 except NE\1/4\; S\1/2\ SW\1/
4\ Section 22; N\1/2\ NW\1/4\ Section 29; NW\1/4\, W\1/2\ SW\1/4\,
N\1/2\ NE\1/4\ Section 30.
T.34N., R.07E. Willamette Meridian: Sections 1-6; Section 7
except N\1/2\ SE\1/4\, SE\1/4\ SE\1/4\; Section 8 except SW\1/4\
SW\1/4\; Sections 9-15; Section 16 except W\1/2\ E\1/2\; Sections
17-21; Section 22 except SW\1/4\; Sections 23-26; S\1/2\ Section 27;
Sections 28-29; N\1/2\ NW\1/4\, S\1/2\, NW\1/4\ NE\1/4\ Section 32;
Section 33; Section 34 except SW\1/4\ NE\1/4\.
T.34N., R.08E. Willamette Meridian: Sections 2-11; Section 12
except N\1/2\ NW1/4; Sections 13-28; Section 29 except S\1/2\ NW\1/
4\, N\1/2\ SW\1/4\; Section 30 except SE\1/4\ NW\1/4\, N\1/2\ SW\1/
4\, SW\1/4\ NE\1/4\; Sections 31-36.
T.34N., R.09E. Willamette Meridian: Sections 19-22; Sections 27-
34.
T.35N., R.07E. Willamette Meridian: S\1/2\ SW\1/4\, NE\1/4\
SW\1/4\ Section 27; S\1/2\ Section 28; Section 29 except NW\1/4\
NW\1/4\, NE\1/4\; SE\1/4\ SW\1/4\, SE\1/4\ Section 30; Sections 31-
34; S\1/2\ Section 35.
[GRAPHIC] [TIFF OMITTED] TR24MY96.026
Map and description of WA-08-b taken from United States Fish and
Wildlife Service 1:100,000 map; Sauk River, Washington; 1995.
Critical Habitat includes only Federal lands designated as Late
Successional Reserves described within the following areas:
T.33N., R.10E. Willamette Meridian: Section 1.
T.33N., R.11E. Willamette Meridian: Section 5 except E\1/2\
SE\1/4\; Section 6.
T.34N., R.10E. Willamette Meridian: SE\1/4\ NW\1/4\, NE\1/4\
SW\1/4\, E\1/2\ Section 10; Sections 11-14; NW\1/4\ NE\1/4\, E\1/2\
E\1/2\ Section 15; E\1/2\ SE\1/4\ Section 21; Section 22 except
NW\1/4\, NW\1/4\ NE\1/4\; Sections 23-27; NW\1/4\ NE\1/4\, E\1/2\
E\1/2\ Section 28; NE\1/4\ SE\1/4\, E\1/2\ NE\1/4\ Section 33;
Sections 34-36.
T.34N., R.11E. Willamette Meridian: Section 5 except N\1/2\
NE\1/4\, NE\1/4\ NW\1/4\; Sections 6-8; W\1/2\ SW\1/4\ Section 9;
S\1/2\ SE\1/4\, SE\1/4\ SW\1/4\ Section 10; SW\1/4\ SW\1/4\ Section
11; W\1/2\ W\1/2\ Section 14; Section 15 except NW\1/4\ NW\1/4\;
Section 16 except N\1/2\ NE\1/4\; Sections 17-22; W\1/2\ W\1/2\
Section 23; W\1/2\ W\1/2\ Sections 26-27 except W\1/2\ SW\1/4\; N\1/
2\ Section 28; W\1/2\, N\1/2\ NE\1/4\, SE\1/4\ NE\1/4\, W\1/2\ SE\1/
4\ Section 29; Sections 30-31; Section 32 except NE\1/4\ NE\1/4\;
NE\1/4\ NW\1/4\, N\1/2\ NE\1/4\ Section 34; NW\1/4\ NW\1/4\ Section
35.
[GRAPHIC] [TIFF OMITTED] TR24MY96.027
Map and description of WA-09-a taken from United States Fish and
Wildlife Service 1:100,000 map; Sauk River, Washington; 1995.
Critical Habitat includes only Federal lands described within the
following areas:
T.31N., R.07E. Willamette Meridian: W\1/2\, W\1/2\ NE\1/4\
Section 5; E\1/2\ E\1/2\ Section 6; SE\1/4\, S\1/2\ NE\1/4\, NE\1/4\
NE\1/4\ Section 7; W\1/2\ Section 8; W\1/2\ Section 17; E\1/2\ E\1/
2\ Section 18.
T.32N., R.07E. Willamette Meridian: SW\1/4\, SW\1/4\ SE\1/4\
Section 32.
[GRAPHIC] [TIFF OMITTED] TR24MY96.028
Map and description of WA-09-b taken from United States Fish and
Wildlife Service 1:100,000 map; Sauk River, Washington; 1995.
Critical Habitat includes only Federal lands designated as Late
Successional Reserves described within the following areas:
T.29N., R.09E. Willamette Meridian: Section 1; N\1/2\ Section 2;
Sections 3-6; N\1/2\ Section 7; N\1/2\ Section 8; N\1/2\ Section 9;
NW\1/4\ Section 10.
T.29N., R.10E. Willamette Meridian: Sections 1-3; W\1/2\ Section
6; Sections 11-13.
T.29N., R.11E. Willamette Meridian: W\1/2\ NW\1/4\ Section 2;
NE\1/4\, NE\1/4\ NW\1/4\ Section 3; NW\1/4\ NW\1/4\ Section 5;
Sections 6-7; W\1/2\ NW\1/4\, SW\1/4\, S\1/2\ SE\1/4\, NW\1/4\ SE\1/
4\ Section 17; Section 18; N\1/2\ NW\1/4\, SE\1/4\ NW\1/4\, NE\1/4\,
N\1/2\ SE\1/4\ Section 19; N\1/2\, N\1/2\ SW\1/4\, NW\1/4\ SE\1/4\
Section 20.
T.30N., R.08E. Willamette Meridian: Sections 1-3; N\1/2\ Section
4; N\1/2\ Section 5; N\1/2\, SE\1/4\ Section 11; Sections 12-13;
E\1/2\ Section 14; SW\1/4\ Section 15; Sections 16-17; Section 18
except S\1/2\ NW\1/4\, N\1/2\ SW\1/4\; Sections 19-26; N\1/2\
Section 27; N\1/2\ Section 28; N\1/2\, SE\1/4\ Section 35.
T.30N., R.09E. Willamette Meridian: NW\1/4\, SE\1/4\, N\1/2\
NE\1/4\, SW\1/4\ NE\1/4\ Section 1; E\1/2\ NE\1/4\ Section 2; W\1/
2\, SW\1/4\ SE\1/4\, N\1/2\ NE\1/4\ Section 6; Section 7; S\1/2\
NW\1/4\, S\1/2\, SW\1/4\ NE\1/4\ Section 8; S\1/2\ SE\1/4\ Section
9; S\1/2\ SW\1/4\ Section 10; E\1/2\ NW\1/4\, NE\1/4\ Section 12;
S\1/2\ NW\1/4\, SW\1/4\, W\1/2\ SE\1/4\ Section 14; Section 15;
Section 16 except NW\1/4\ NW\1/4\; SE\1/4\, S\1/2\ NE\1/4\ Section
17; W\1/2\ Section 18; Section 19 except W\1/2\ NE\1/4\; Section 20
except NE\1/4\ NW\1/4\, SW\1/4\; Sections 21-22; Section 23 except
NE\1/4\ NE\1/4\; S\1/2\ NW\1/4\, S\1/2\, SE\1/4\ NE\1/4\ Section 24;
Sections 25-36.
T.30N., R.10E. Willamette Meridian: Sections 1-6; N\1/2\, NE\1/
4\ SE\1/4\ Section 7; Sections 8-17; E\1/2\ Section 18; Sections 19-
[[Page 26291]]
28; N\1/2\, N\1/2\ SE\1/4\ Section 29; Section 30 except SE\1/4\
SE\1/4\; Section 31 except N\1/2\ NE\1/4\; SW\1/4\ NW\1/4\, NW\1/4\
SW\1/4\ Section 32; NE\1/4\, E\1/2\ NW\1/4\, N\1/2\ SE\1/4\, SE\1/4\
SE\1/4\ Section 33; Sections 34-36.
T.30N., R.11E. Willamette Meridian: SW\1/4\ SE\1/4\, S\1/2\
NW\1/4\, SW\1/4\ Section 5; Sections 6-8; SW\1/4\ NW\1/4\, NE\1/4\
SW\1/4\, SE\1/4\ Section 9; Section 10 except N\1/2\ NW\1/4\, SW\1/
4\ NW\1/4\, NW\1/4\ NE\1/4\; Section 15 except SE\1/4\ SE\1/4\;
Sections 16-22; NW\1/4\ NW\1/4\ Section 27; Section 28 except E\1/2\
SE\1/4\, SE\1/4\ NE\1/4\; Sections 29-31; Section 32 except SE\1/4\;
Section 33 except SW\1/4\ SW\1/4\; Section 34 except NE\1/4\, N\1/2\
NW\1/4\, SE\1/4\ NW\1/4\, NE\1/4\ SE\1/4\.
T.31N., R.07E. Willamette Meridian: S\1/2\ SW\1/4\, SW\1/4\
SE\1/4\ Section 1; Sections 12-13.
T.31N., R.08E. Willamette Meridian: W\1/2\ SW\1/4\ Section 3;
S\1/2\ Section 4; S\1/2\ Section 5; SE\1/4\ SE\1/4\ Section 6;
Section 7; Section 8 except S\1/2\ SE\1/4\; N\1/2\, NW\1/4\ SW\1/4\
Section 9; W\1/2\ NW\1/4\ Section 10; W\1/2\, W\1/2\ SE\1/4\ Section
17; Sections 18-21; Section 22 except NE\1/4\ NE\1/4\; S\1/2\ NW\1/
4\, SW\1/4\, W\1/2\ SE\1/4\ Section 23; Section 25 except N\1/2\
NE\1/4\, SE\1/4\ NE\1/4\; Sections 26-36.
T.31N., R.09E. Willamette Meridian: Section 1; E\1/2\ E\1/2\,
NW\1/4\ NE\1/4\ Section 2; E\1/2\, E\1/2\ SW\1/4\ Section 3; E\1/2\
NW\1/4\, NE\1/4\ SW\1/4\, W\1/2\ NE\1/4\ Section 10; NE\1/4\ NW\1/
4\, SE\1/4\ SW\1/4\, E\1/2\ Section 12; Section 13 except W\1/2\
NW\1/4\; Section 23 except N\1/2\ NW\1/4\; Sections 24-26; S\1/2\
Section 27; N\1/2\ SE\1/4\, SE\1/4\ SE\1/4\, S\1/2\ NE\1/4\ Section
28; W\1/2\, SW\1/4\ SE\1/4\ Section 31; N\1/2\ NW\1/4\, E\1/2\
Section 35; Section 36.
T.31N., R.10E. Willamette Meridian: Section 6 except E\1/2\ E\1/
2\; Sections 7-8; W\1/2\ NW\1/4\, SW\1/4\, W\1/2\ SE\1/4\ Section 9;
SE\1/4\ SW\1/4\, SW\1/4\ SE\1/4\ Section 10; Section 15 except E\1/
2\ E\1/2\; NW\1/4\, S\1/2\ SE\1/4\, NE\1/4\ SE\1/4\ Section 16;
Sections 17-21; Section 22 except E\1/2\ NE\1/2\; SW\1/4\ SW\1/4\
Section 23; SW\1/4\, S\1/2\ SE\1/4\, SW\1/4\ NW\1/4\ Section 25;
Section 26 except NE\1/4\ NE\1/4\; Sections 27-36.
T.31N., R.11E. Willamette Meridian: W\1/2\ NW\1/4\, SW\1/4\
Section 31.
T.32N., R.08E. Willamette Meridian: SW\1/4\ Section 14; S\1/2\
Section 15; E\1/2\ NE\1/4\ Section 21; N\1/2\, N\1/2\ SW\1/4\, SE\1/
4\ Section 22; Section 23 except NE\1/4\ NE\1/4\; W\1/2\ SW\1/4\,
NW\1/4\ SE\1/4\, SW\1/4\ NE\1/4\ Section 24; W\1/2\ NW\1/4\ Section
25; N\1/2\ N\1/2\ Section 26.
T.32N., R.09E. Willamette Meridian: S\1/2\ Section 26; N\1/2\
SW\1/4\, SE\1/4\ SW\1/4\, SE\1/4\ Section 27; N\1/2\ SE\1/4\ Section
28; E\1/2\ Section 34; E\1/2\, N\1/2\ NW\1/4\, SE\1/4\ NW\1/4\,
NE\1/4\ SW\1/4\ Section 35; Section 36 except NE\1/4\, NE\1/4\ SE\1/
4\.
T.32N., R.10E. Willamette Meridian: Section 31 except E\1/2\
E\1/2\, NW\1/4\ NE\1/4\, NE\1/4\ NW\1/4\.
[GRAPHIC] [TIFF OMITTED] TR24MY96.029
Map and description of WA-09-c taken from United States Fish and
Wildlife Service 1:100,000 map; Sauk River and Skykomish River,
Washington; 1995.
Critical Habitat includes only Federal lands designated as Late
Successional Reserves described within the following areas:
T.27N., R.09E. Willamette Meridian: E\1/2\ NW\1/4\, NE\1/4\
Section 1.
T.27N., R.10E. Willamette Meridian: N\1/2\ N\1/2\ Section 6.
T.28N., R.09E. Willamette Meridian: S\1/2\ S\1/2\ Section 23;
S\1/2\ SW\1/4\ Section 24; Section 25; Section 26 except N\1/2\,
SW\1/4\ SW\1/4\; SE\1/4\ SW\1/4\, S\1/2\ SE\1/4\, NE\1/4\ SE\1/4\,
NE\1/4\ NE\1/4\ Section 36.
T.28N., R.10E. Willamette Meridian: S\1/2\ Section 19; Section
20 except NW\1/4\ NW\1/4\; SW\1/4\ NW\1/4\, W\1/2\ SW\1/4\ Section
21; SE\1/4\ SE\1/4\ Section 23; S\1/2\ SW\1/4\ Section 24; NW\1/4\,
N\1/2\ SW\1/4\, W\1/2\ NE\1/4\ Section 25; S\1/2\ NW\1/4\, SW\1/4\,
W\1/2\ SE\1/4\, NE\1/4\ SE\1/4\, NE\1/4\ Section 26; S\1/2\ Section
27; NW\1/4\, NW\1/4\ NE\1/4\ Section 29; N\1/2\, SW\1/4\ Section 30;
Section 31 except SW\1/4\ NW\1/4\; Section 32 except E\1/2\ E\1/2\.
T.29N., R.08E. Willamette Meridian: SE\1/4\ SW\1/4\, SW\1/4\
SE\1/4\ Section 22; NE\1/4\ SE\1/4\ Section 25; NW\1/4\, N\1/2\
NE\1/4\ Section 27; E\1/2\ NE\1/4\ Section 28.
T.29N., R.09E. Willamette Meridian: Section 30 except N\1/2\
N\1/2\.
Critical Habitat includes only State or County lands described
within the following areas:
T.27N., R.09E. Willamette Meridian: NW\1/4\ NW\1/4\, SW\1/4\
Section 2; N\1/2\, NE\1/4\ SW\1/4\, SE\1/4\ Section 3; NE\1/4\ NE\1/
4\ Section 4; N\1/2\ NE\1/4\, SE\1/4\ NE\1/4\ Section 10; NW\1/4\,
S\1/2\ SW\1/4\, SE\1/4\, S\1/2\ NE\1/4\ Section 11; Section 12;
Section 13 except SE\1/4\ SE\1/4\; N\1/2\ NW\1/4\, N\1/2\ SE\1/4\,
NE\1/4\ Section 14.
T.27N., R.10E. Willamette Meridian: Section 7; S\1/2\ Section 8;
Section 9 except N\1/2\ NW\1/4\; NW\1/4\, N\1/2\ SW\1/4\, SW\1/4\
SW\1/4\ Section 10; N\1/2\ NW\1/4\ Section 16; N\1/2\, NW\1/4\ SW\1/
4\ Section 17; Section 18 except W\1/2\ SW\1/4\, SE\1/4\ SE\1/4\.
T.28N., R.08E. Willamette Meridian: Sections 1-2; Section 3
except N\1/2\ NW\1/4\; Sections 4-5; W\1/2\ SW\1/4\, SE\1/4\ SW\1/4\
Section 6; Section 7; E\1/2\ SE\1/4\, NE\1/4\ Section 8; SE\1/4\
SW\1/4\, E\1/2\ E\1/2\, SW\1/4\ SE\1/4\, NW\1/4\ NE\1/4\ Section 9;
Sections 10-12; N\1/2\ N\1/2\, NW\1/4\ SE\1/4\, S\1/2\ NE\1/4\
Section 13; N\1/2\ Section 14; Section 15; S\1/2\ S\1/2\, E\1/2\
NE\1/4\, NE\1/4\ SE\1/4\ Section 16; Section 17 except NW\1/4\ SW\1/
4\, NW\1/4\; Section 18 except SW\1/4\; W\1/2\ Section 20; N\1/2\
NW\1/4\ Section 21; NE\1/4\ NW\1/4\, NE\1/4\ Section 36.
T.28N., R.09E. Willamette Meridian: Sections 1-4; S\1/2\ Section
5; N\1/2\, SW\1/4\ Section 6; W\1/2\, W\1/2\ E\1/2\ Section 7; NE\1/
4\ Section 8; Sections 9-11; Section 12 except S\1/2\ SE\1/4\; S\1/
2\ S\1/2\, NE\1/4\ SE\1/4\ Section 13; Sections 14-16; N1/2 NW\1/4\,
SE\1/4\ NW\1/4\, E\1/2\ Section 17; SW\1/4\, W\1/2\ SE\1/4\, SE\1/4\
SE\1/4\ Section 20; Section 21; Section 27; Section 28 except E\1/2\
SW\1/4\; Section 29 except NW\1/4\; N\1/2\ NW\1/4\, N\1/2\ SE\1/4\,
NE\1/4\ Section 31; N\1/2\ N\1/2\, S\1/2\ NW\1/4\ Section 32; N\1/2\
NW\1/4\, S\1/2\ Section 33; Section 34 except NE\1/4\ SE\1/4\; SW\1/
4\ Section 35.
T.28N., R.10E. Willamette Meridian: W\1/2\ Section 2; Section 3;
Section 4 except N\1/2\ NE\1/4\, SW\1/4\ NE\1/4\; Sections 5-6;
NW\1/4\ Section 7.
T.29N., R.08E. Willamette Meridian: Sections 1-21; Section 22
except SE\1/4\ SW\1/4\, S\1/2\ SE\1/4\; Section 23 except SW\1/4\
SW\1/4\; Section 24; N\1/2\ NW\1/4\, SE\1/4\ NW\1/4\, NE\1/4\, S\1/
2\ S\1/2\ Section 25; SW\1/4\ NW\1/4\, SW\1/4\, S\1/2\ SE\1/4\, N\1/
2\ NE\1/4\ Section 26; Section 27 except NW\1/4\, N\1/2\ NE\1/4\;
N\1/2\ NW\1/4\, SE\1/4\ Section 28; Sections 29-30; Sections 32-34;
Section 35 except S\1/2\ SW\1/4\; Section 36.
T.29N., R.09E. Willamette Meridian: S\1/2\ Section 2; S\1/2\
Section 7; S\1/2\ Section 8; S\1/2\ Section 9; S\1/2\, NE\1/4\
Section 10; Sections 11-12; W\1/2\ NW\1/4\, SE\1/4\ SW\1/4\, SE\1/
4\, E\1/2\ NE\1/4\ Section 13; Sections 14-19; Section 20 except
S\1/2\ SW\1/4\; Section 21; Section 22 except S\1/2\ S\1/2\; Section
23 except S\1/2\ S\1/2\; NE\1/4\ Section 24; Section 25; Section 26
except NW\1/4\, N\1/2\ NE\1/4\; SE\1/4\ SW\1/4\, S\1/2\ SE\1/4\
Section 27; S\1/2\ SW\1/4\, SW\1/4\ SE\1/4\ Section 29; N\1/2\ N\1/
2\ Section 30; W\1/2\, NW\1/4\ SE\1/4\, W\1/2\ NE\1/4\, NE\1/4\
NE\1/4\ Section 31; Section 32 except W\1/2\ NW\1/4\, NW\1/4\ SW\1/
4\; Section 33 except NE\1/4\ NW\1/4\, N\1/2\ NE\1/4\; Section 34
except SW\1/4\ NW\1/4\, SW\1/4\ SE\1/4\; Sections 35-36.
T.29N., R.10E. Willamette Meridian: Section 4 except W\1/2\
SW\1/4\; SE\1/4\ SW\1/4\, S\1/2\ SE\1/4\, NE\1/4\ SE\1/4\ Section 6;
Sections 7-8; S\1/2\ SW\1/4\, SW\1/4\ SE\1/4\ Section 9; Section 10
except SE\1/4\ SW\1/4\; Section 14; Section 15 except N\1/2\ NW\1/
4\, NW\1/4\ NE\1/4\; Sections 16-24; Section 25 except SE\1/4\ SE\1/
4\; Section 26 except NW\1/4\ SW\1/4\; Sections 28-33; SW\1/4\ NW\1/
4\, W\1/2\ SW\1/4\, SE\1/4\ SW\1/4\, S\1/2\ SE\1/4\ Section 34;
Section 36.
T.30N., R.10E. Willamette Meridian: S\1/2\ Section 27; S\1/2\
Section 28; Sections 29-34; SW\1/4\ Section 35; Section 36.
[[Page 26292]]
[GRAPHIC] [TIFF OMITTED] TR24MY96.030
Map and description of WA-09-d taken from United States Fish and
Wildlife Service 1:100,000 map; Sauk River, Washington; 1995.
Critical Habitat includes only Federal lands designated as Late
Successional Reserves described within the following areas:
T.29N., R.12E. Willamette Meridian: SW\1/4\ Section 3; Section 4
except N\1/2\ NE\1/4\; Section 5; Sections 8-10; SW\1/4\, SW\1/4\
SE\1/4\ Section 11; Section 13 except E\1/2\, SE\1/4\ SW\1/4\;
Sections 14-17; NE\1/4\ SE\1/4\ Section 18; NE\1/4\ Section 20; N\1/
2\, N\1/2\ N\1/2\ Section 21; N\1/2\, N\1/2\ SW\1/4\ Section 22;
N\1/2\ Section 23; NW\1/4\ NW\1/4\ Section 24.
T.30N., R.11E. Willamette Meridian: S\1/2\ SW\1/4\, SE\1/4\
Section 1; S\1/2\ S\1/2\ Section 2; Sections 11-12; N\1/2\ Section
13; N\1/2\ Section 14.
T.30N., R.12E. Willamette Meridian: S\1/2\ Section 6; Section 7;
SW\1/4\ NW\1/4\, SW\1/4\, SW\1/4\ SE\1/4\ Section 8; SW\1/4\ NW\1/
4\, SW\1/4\ Section 16; Sections 17-18; N\1/2\ NW\1/4\, E\1/2\,
SE\1/4\ NW\1/4\, NE\1/4\ SW\1/4\ Section 19; Section 20; NW\1/4\,
NW\1/4\ SW\1/4\, W\1/2\ NE\1/4\ Section 21; Section 29 except E\1/2\
NE\1/4\; N\1/2\ NW\1/4\, E\1/2\ SW\1/4\, E\1/2\ Section 32; W\1/2\
SW\1/4\, SE\1/4\ SW\1/4\ Section 33.
[GRAPHIC] [TIFF OMITTED] TR24MY96.031
Map and description of WA-09-e taken from United States Fish and
Wildlife Service 1:100,000 map; Sauk River, Washington; 1995.
Critical Habitat includes only Federal lands designated as Late
Successional Reserves described within the following areas:
T.31N., R.11E. Willamette Meridian: N\1/2\ Section 1; N\1/2\
NW\1/4\, SW\1/4\ NW\1/4\, SW\1/4\, N\1/2\ NE\1/4\ Section 2; Section
3; Section 4 except SE\1/4\ SE\1/4\; E\1/2\ NW\1/4\, E\1/2\ Section
5; N\1/2\ NW\1/4\, W\1/2\ NE\1/4\ Section 9; E\1/2\ NW\1/4\, E\1/2\
Section 10; W\1/2\, W\1/2\ SE\1/4\ Section 11; W\1/2\, W\1/2\ NE\1/
4\, SE\1/4\ Section 14; E\1/2\ SW\1/4\, E\1/2\ Section 15; E\1/2\
NW\1/4\, NE\1/4\ Section 22; N\1/2\ N\1/2\ Section 23.
T.31N., R.12E. Willamette Meridian: N\1/2\ NE\1/4\ Section 4;
NW\1/4\, W\1/2\ NE\1/4\ Section 5; N\1/2\, N\1/2\ SE\1/4\ Section 6.
T.32N., R.10E. Willamette Meridian: Sections 1-3; Sections 10-
14; N\1/2\ N\1/2\, SE\1/4\ NE\1/4\ Section 15; Sections 23-25; N\1/
2\, SE\1/4\ Section 26; N\1/2\ NE\1/4\ Section 36.
T.32N., R.11E. Willamette Meridian: NW\1/4\ NW\1/4\ Section 1;
Section 2; E\1/2\ W\1/2\, E\1/2\ Section 3; Sections 5-8; W\1/2\
NW\1/4\, S\1/2\ Section 9; Section 10 except NW\1/4\ NW\1/4\;
Section 11; W\1/2\ NW\1/4\, SE\1/4\ SW\1/4\, S\1/2\ SE\1/4\ Section
12; Sections 13-30; N\1/2\, NE\1/4\ SW\1/4\, SE\1/4\ Section 31;
Section 32-36.
T.32N., R.12E. Willamette Meridian: S\1/2\ S\1/2\, NE\1/4\ SE\1/
4\ Section 7; S\1/2\, S\1/2\ NE\1/4\ Section 8; Section 9 except
N\1/2\ N\1/2\; SW\1/4\, S\1/2\ SE\1/4\, NW\1/4\ SE\1/4\ Section 10;
S\1/2\ SW\1/4\ Section 13; W\1/2\, S\1/2\ SE\1/4\ Section 14;
Sections 15-16; Section 17 except SE\1/4\ SE\1/4\; Sections 18-19;
Section 20 except NE\1/4\ NE\1/4\; Sections 21-23; Section 24 except
NE\1/4\ NE\1/4\; NW\1/4\, NW\1/4\ SW\1/4\, NW\1/4\ NE\1/4\ Section
25; Sections 26-33; N\1/2\, W\1/2\ SW\1/4\, NE\1/4\ SW\1/4\ Section
34; N\1/2\ NW\1/4\, SW\1/4\ NW\1/4\ Section 35.
T.33N., R.11E. Willamette Meridian: S\1/2\ SW\1/4\, SW\1/4\
SE\1/4\ Section 15; E\1/2\ SW\1/4\, SE\1/4\ Section 16; Sections 21-
22; S\1/2\ NW\1/4\, SW\1/4\, NW\1/4\ SE\1/4\, SW\1/4\ NE\1/4\
Section 23; W\1/2\, W\1/2\ E\1/2\ Section 25; Section 26 except
NE\1/4\ NE\1/4\; Section 27; E\1/2\ NW\1/4\, E\1/2\ SE\1/4\, NE\1/4\
Section 28; Section 34 except W\1/2\ SW\1/4\; Section 35; NW\1/4\,
W\1/2\ SW\1/4\ Section 36.
[GRAPHIC] [TIFF OMITTED] TR24MY96.032
Map and description of WA-10-a taken from United States Fish and
Wildlife Service 1:100,000 map; Skykomish River, Washington; 1995.
Critical Habitat includes only Federal lands designated as Late
Successional Reserves described within the following areas:
T.26N., R.10E. Willamette Meridian: W\1/2\ W\1/2\ Section 4;
NW\1/4\ NW\1/4\, E\1/2\ NW\1/4\, N\1/2\ SE\1/4\, NE\1/4\ Section 5;
Section 7 except NE\1/4\ NE\1/4\; S\1/2\ SW\1/4\, SE\1/4\ Section 8;
Section 9 except N\1/2\ N\1/2\; W\1/2\ W\1/2\, SE\1/4\ SW\1/4\, S\1/
2\ SE\1/4\ Section 10; S\1/2\ SW\1/4\ Section 11; S\1/2\ Section 13;
Section 14 except N\1/2\ NE\1/4\; Sections 15-19; N\1/2\ NW\1/4\,
E\1/2\ Section 20; Sections 21-23; Section 24 except E\1/2\ NW\1/4\,
NW\1/4\ SW\1/4\, NW\1/4\ NE\1/4\; N\1/2\ N\1/2\ Section 25; N\1/2\
N\1/2\ Section 26; N\1/2\ Section 27; N\1/2\ Section 28; N\1/2\
NE\1/4\ Section 29; W\1/2\, W\1/2\ NE\1/4\, NE\1/4\ NE\1/4\ Section
30.
T.26N., R.11E. Willamette Meridian: Section 2; Sections 4-7;
NW\1/4\, W\1/2\ SW\1/4\, NE\1/4\ SW\1/4\, NW\1/4\ NE\1/4\ Section 8;
NW\1/4\, N\1/2\ SW\1/4\, SE\1/4\ SW\1/4\, N\1/2\ NE\1/4\ Section 18;
E\1/2\ Section 19; SW\1/4\ NW\1/4\, W\1/2\ SW\1/4\ Section 20; NW\1/
4\ NW\1/4\ Section 29; N\1/2\ N\1/2\ Section 30.
T.27N., R.09E. Willamette Meridian: S\1/2\ SE\1/4\ Section 19;
Section 30 except NW\1/4\ NW\1/4\; Section 31; W\1/2\, NW\1/4\ SE\1/
4\, W\1/2\ NE\1/4\ Section 32.
T.27N., R.10E. Willamette Meridian: Section 1 except NW\1/4\ NW
\1/4\; E\1/2\ SE\1/4\, SW\1/4\ SE\1/4\ Section 2; E\1/2\, E\1/2\
SW\1/4\ Section 11; Sections 12-13; Section 14 except SW\1/4\; E\1/
2\ SE\1/4\ Section 15; NE\1/4\ NE\1/4\ Section 22; N\1/2\, N\1/2\
SW\1/4\, SE\1/4\ Section 23; Section 24; N\1/2\ N\1/2\, SE\1/4\
NE\1/4\ Section 25; SW\1/4\ SW\1/4\, E\1/2\ SW\1/4\, E\1/2\ Section
26; E\1/2\ NW\1/4\, NE\1/4\ SW\1/4\, E\1/2\ Section 31; Section 32;
Sections 35-36.
T.27N., R.11E. Willamette Meridian: Sections 1-20; W\1/2\ NW\1/4\,
N\1/2\ SW\1/4\, SE\1/4\ Section 21; Sections 22-36.
T.27N., R.12E. Willamette Meridian: SW\1/4\ SW\1/4\ Section 2;
Section 3 except N\1/2\ NE\1/4\; Sections 4-10; W\1/2\ W\1/2\, NW\1/
4\ SW\1/4\ Section 11; N\1/2\ N\1/2\ Section 15; N\1/2\, W\1/2\
SW\1/4\, NE\1/4\ SW\1/4\, NW\1/4\ SE\1/4\ Section 16; Sections 17-
19; W\1/2\ Section 20; W\1/2\ Section 29; Sections 30-31; NW\1/4\,
N\1/2\ SW\1/4\, SW\1/4\ SW\1/4\ Section 32.
T.28N., R.10E. Willamette Meridian: SW\1/4\ SE\1/4\, E\1/2\
SE\1/4\ Section 36.
T.28N., R.11E. Willamette Meridian: S\1/2\ SW\1/4\, SW\1/4\
SE\1/4\ Section 10; E\1/2\ SW\1/4\, SE\1/4\ Section 12; Section 13
except W\1/2\ W\1/2\; Section 15 except NE\1/4\ NE\1/4\; Section 16;
S\1/2\, SE\1/4\ NW\1/4\, S\1/2\ NE\1/4\ Section 17; E\1/2\ SE\1/4\
Section 18; E\1/2\ E\1/2\, SW\1/4\ SE\1/4\ Section 19; Sections 20-
29; E\1/2\ Section 30; Section 31 except NW\1/4\ NW\1/4\; Sections
32-36.
T.28N., R.12E. Willamette Meridian: S\1/2\ NW\1/4\, SW\1/4\,
SW\1/4\ SE\1/4\ Section 3; SW\1/4\ SE\1/4\, E\1/2\ SE\1/4\ Section
4; Section 7 except N\1/2\ N\1/2\; SW\1/4\, W\1/2\ SE\1/4\, SE\1/4\
SE\1/4\ Section 8; Section 9 except NW\1/4\ NW\1/4\; Section 10;
SW\1/4\ SW\1/4\ Section 11; W\1/2\, W\1/2\ SE\1/4\ Section 14;
Sections 15-23; SW\1/4\ NW\1/4\ Section 25; N\1/2\ Section 26; N\1/
2\ Section 27; W\1/2\, NE\1/4\, SW\1/4\ SE\1/4\ Section 28; Sections
29-32; W\1/2\, W\1/2\ E\1/2\ Section 33.
[[Page 26293]]
[GRAPHIC] [TIFF OMITTED] TR24MY96.033
Map and description of WA-10-b taken from United States Fish and
Wildlife Service 1:100,000 map; Skykomish River, Washington; 1995.
Critical Habitat includes only Federal lands designated as Late
Successional Reserves described within the following areas:
T.25N., R.10E. Willamette Meridian: Sections 3-5; S\1/2\, SE\1/
4\ NE\1/4\ Section 6; Sections 7-8; W\1/2\, W\1/2\ SE\1/4\ Section
9; NE\1/4\ Section 10; W\1/2\, S\1/2\ SE\1/4\ Section 16; Section
17; N\1/2\, SE\1/4\, NE\1/4\ SW\1/4\ Section 18; NE\1/4\ Section 20;
N\1/2\, N\1/2\ SE\1/4\ Section 21; W\1/2\ NW\1/4\, SE\1/4\ NW\1/4\,
S\1/2\ Section 22; SW\1/4\ SW\1/4\ Section 23; W\1/2\ SW\1/4\, SE\1/
4\ SW\1/4\ Section 25; NW\1/4\, N\1/2\ SW\1/4\, SE\1/4\ SW\1/4\,
SE\1/4\, S\1/2\ NE\1/4\, NW\1/4\ NE\1/4\ Section 26; NE\1/4\ NW\1/
4\, N\1/2\ SE\1/4\, NE\1/4\ Section 27.
T.25N., R.11E. Willamette Meridian: Sections 1-4; Sections 9-12;
N\1/2\, N\1/2\ S\1/2\ Section 13; N\1/2\, N\1/2\ S\1/2\ Section 14;
Section 15; N\1/2\, SW\1/4\, N\1/2\ SE\1/4\, SE\1/4\ SE\1/4\ Section
16; SE\1/4\, SE\1/4\ SW\1/4\ Section 17; SE\1/4\, S\1/2\ NE\1/4\
Section 19; NW\1/4\, NW\1/4\ SW\1/4\, N\1/2\ NE\1/4\ Section 20;
Section 22 except SW\1/4\ SW\1/4\; W\1/2\ W\1/2\ Section 23; NE\1/4\
SW\1/4\, NE\1/4\ SE\1/4\, N\1/2\ NE\1/4\, SW\1/4\ NE\1/4\ Section
27.
T.25N., R.12E. Willamette Meridian: Sections 1-5; W\1/2\ Section
6; Section 7; Section 8 except NE\1/4\ NW\1/4\; Sections 9-13; N\1/
2\ NW\1/4\, N\1/2\ SE\1/4\, NE\1/4\ Section 14; Sections 16-20;
NW\1/4\, W\1/2\ SW\1/4\, NE\1/4\ SW\1/4\, W\1/2\ NE\1/4\, NE\1/4\
NE\1/4\ Section 21; W\1/2\ NW\1/4\, NW\1/4\ SW\1/4\ Section 28; N\1/
2\, N\1/2\ S\1/2\ Section 29; NE\1/4\ SE\1/4\, NE\1/4\ Section 30.
T.25N., R.13E. Willamette Meridian: W\1/2\ W\1/2\ Section 6;
W\1/2\ Section 7; W\1/2\, W\1/2\ SE\1/4\, SW\1/4\ NE\1/4\ Section
18; W\1/2\ Section 19.
T.26N., R.11E. Willamette Meridian: S\1/2\ SW\1/4\ Section 27;
SE\1/4\ SE\1/4\ Section 28; S\1/2\ SW\1/4\, E\1/2\ Section 32; N\1/
2\ SW\1/4\, NE\1/4\ Section 33; Sections 34-35; S\1/2\ Section 36.
T.26N., R.12E. Willamette Meridian: Section 1; NW\1/4\, E\1/2\
Section 2; N\1/2\ NE\1/4\ Section 3; E\1/2\ E\1/2\ Section 11;
Sections 12-13; E\1/2\ E\1/2\, NW\1/4\ SE\1/4\ Section 24; N\1/2\,
N\1/2\ S\1/2\ Section 25; S\1/2\ NE\1/4\ Section 34; Sections 35-36
T.26N., R.13E. Willamette Meridian: S\1/2\ S\1/2\, NE\1/4\ SE\1/
4\ Section 6; Section 8; S\1/2\ Section 10; Sections 18-19; W\1/2\
W\1/2\, SE\1/4\ SW\1/4\, SW\1/4\ SE\1/4\, E\1/2\ SE\1/4\ Section 20;
S\1/2\, SE\1/4\ NW\1/4\, SW\1/4\ NE\1/4\ Section 21; W\1/2\ SW\1/4\
Section 22; W\1/2\ Section 27; Section 28 except SW\1/4\ SE\1/4\;
N\1/2\, NW\1/4\ SW\1/4\, S\1/2\ S\1/2\ Section 29; N\1/2\, SW\1/4\
Section 30; E\1/2\ NE\1/4\, NW\1/4\ NE\1/4\, NE\1/4\ SE\1/4\ Section
31; N\1/2\, N\1/2\ SW\1/4\ Section 32.
T.27N., R.12E. Willamette Meridian: S\1/2\ S\1/2\ Section 13;
NE\1/4\ SW\1/4\, S\1/2\ SW\1/4\, SE\1/4\ Section 22; Section 23
except NW\1/4\ NW\1/4\; Sections 24-27; Section 34 except SW\1/4\
SW\1/4\; Sections 35-36.
T.27N., R.13E. Willamette Meridian: SW\1/4\ SW\1/4\ Section 18;
W\1/2\ Section 19; NW\1/4\, W\1/2\ SW\1/4\ Section 30.
[GRAPHIC] [TIFF OMITTED] TR24MY96.034
Map and description of WA-10-c taken from United States Fish and
Wildlife Service 1:100,000 map; Cape Flattery, Skykomish River and
Snoqualmie Pass, Washington; 1995.
Critical Habitat includes only Federal lands designated as Late
Successional Reserves described within the following areas:
T.20N., R.10E. Willamette Meridian: S\1/2\ N\1/2\, S\1/2\
Section 2.
T.21N., R.10E. Willamette Meridian: NE\1/4\ NW\1/4\, N\1/2\
NE\1/4\ Section 36.
T.22N., R.09E. Willamette Meridian: S\1/2\ S\1/2\ Section 2;
N\1/2\ NW\1/4\, SE\1/4\ NW\1/4\, NE\1/4\ Section 11; W\1/2\ NW\1/4\,
S\1/2\, NE\1/4\ NW\1/4\, SE\1/4\ NE\1/4\ Section 12.
T.22N., R.10E. Willamette Meridian: S\1/2\, NE\1/4\, S\1/2\
NW\1/4\ Section 13; S\1/2\, SE\1/4\ NE\1/4\ Section 14; W\1/2\,
SE\1/4\ Section 18; Section 20; S\1/2\ SE\1/4\, NE\1/4\ SE\1/4\,
E\1/2\ NE\1/4\ Section 22; Sections 23-26; SE\1/4\ Section 28; NE\1/
4\ NE\1/4\ Section 34; N\1/2\ NW\1/4\, NW\1/4\ NE\1/4\ Section 35;
N\1/2\ N\1/2\ Section 36.
[[Page 26294]]
T.22N., R.11E. Willamette Meridian: S\1/2\ SW\1/4\, SE\1/4\
Section 18; W\1/2\ W\1/2\, NE\1/4\ NW\1/4\, SE\1/4\ SW\1/4\ Section
20.
T.23N., R.10E. Willamette Meridian: NW\1/4\ NW\1/4\ Section 2;
W\1/2\, N\1/2\ NE\1/4\, SW\1/4\ NE\1/4\ Section 3; Sections 4-9;
W\1/2\, SW\1/4\ SE\1/4\ Section 10; W\1/2\, W\1/2\ E\1/2\ Section
15; Sections 16-21; Section 22 except NE\1/4\ SE\1/4\, E\1/2\ NE\1/
4\; Section 27; NW\1/4\ NW\1/4\, E\1/2\ SE\1/4\, NE\1/4\ Section 28;
N\1/2\ N\1/2\ Section 29.
T.23N., R.11E. Willamette Meridian: Section 6 except E\1/2\
NE\1/4\, NE\1/4\ SE\1/4\; Section 7; SW\1/4\ Section 8; W\1/2\ NW\1/
4\ Section 17; N\1/2\ NE\1/4\, SE\1/4\ NE\1/4\ Section 18.
T.24N., R.10E. Willamette Meridian: S\1/2\ SE\1/4\, NE\1/4\
SE\1/4\, E\1/2\ NE\1/4\ Section 9; N\1/2\, N\1/2\ SW\1/4\, SE\1/4\
Section 10; SW\1/4\, SW\1/4\ NW\1/4\, SW\1/4\ SE\1/4\ Section 11;
W\1/2\ W\1/2\, SE\1/4\ SW\1/4\, SW\1/4\ SE\1/4\, NE\1/4\ NE\1/4\
Section 15; N\1/2\, N\1/2\ SW\1/4\, SE\1/4\ Section 16; E\1/2\ NE\1/
4\, NE\1/4\ SE\1/4\ Section 17; SE\1/4\ SW\1/4\, SE\1/4\ Section 21;
Section 22 except NE\1/4\ NE\1/4\; SW\1/4\, SW\1/4\ NW\1/4\, S\1/2\
SE\1/4\ Section 23; SW\1/4\ SW\1/4\ Section 24; Section 25 except
E\1/2\ SE\1/4\, NE\1/4\; NE\1/4\ NW\1/4\, S\1/2\, NE\1/4\ Section
26; Section 27; Section 28 except NW\1/4\; Section 29 except NW\1/4\
NW\1/4\; Sections 31-36.
T.24N., R.11E. Willamette Meridian: W\1/2\ SW\1/4\, SE\1/4\
SW\1/4\, SW\1/4\ SE\1/4\ Section 31.
[GRAPHIC] [TIFF OMITTED] TR24MY96.035
Map and description of WA-11-a taken from United States Fish and
Wildlife Service 1:100,000 map; Snoqualmie Pass and Mt Rainier,
Washington; 1995.
Critical Habitat includes only Federal lands designated as Late
Successional Reserves described within the following areas:
T.17N., R.10E. Willamette Meridian: Sections 1-3; E\1/2\ E\1/2\
Section 4.
T.17N., R.11E. Willamette Meridian: W\1/2\ SW\1/4\, SE\1/4\
SW\1/4\ Section 6; NE\1/4\ NW\1/4\ Section 7.
T.18N., R.08E. Willamette Meridian: Sections 1-2; NW\1/4\, E\1/
2\ Section 3; N\1/2\ Section 4; N\1/2\ NE\1/4\, SE\1/4\ NE\1/4\
Section 10; Section 11 except S\1/2\ SW\1/4\; Sections 12-13; S\1/2\
SW\1/4\, NE\1/4\ SW\1/4\, E\1/2\ Section 14; E\1/2\ E\1/2\ Section
22; Sections 23-25; N\1/2\, N\1/2\ SE\1/4\ Section 26; E\1/2\ NE\1/
4\ Section 27; SE\1/4\ SW\1/4\, SE\1/4\ Section 36.
T.18N., R.09E. Willamette Meridian: Sections 1-30; Section 31
except NW\1/4\ NW\1/4\; Sections 32-36.
T.18N., R.10E. Willamette Meridian: Sections 1-12; NW\1/4\, N\1/
2\ SW\1/4\, SW\1/4\ SW\1/4\, N\1/2\ NE\1/4\, SW\1/4\ NE\1/4\ Section
13; Sections 14-23; SW\1/4\ NW\1/4\, NW\1/4\ SW\1/4\, S\1/2\ S\1/2\
Section 24; Sections 25-35; Section 36 except SE\1/4\ NE\1/4\.
T.18N., R.11E. Willamette Meridian: NW\1/4\ NW\1/4\ Section 2;
N\1/2\ N\1/2\ Section 3; N\1/2\ NW\1/4\ Section 4; N\1/2\ NE\1/4\,
SW\1/4\ NW\1/4\ Section 5; Section 6; NW\1/4\, N\1/2\ SW\1/4\, W\1/
2\ NE\1/4\ Section 7; W\1/2\ Section 30; N\1/2\ NW\1/4\ Section 31.
T.19N., R.10E. Willamette Meridian: Section 4; Section 6;
Section 8; W\1/2\, S\1/2\ SE\1/4\ Section 10; S\1/2\ SW\1/4\, SE\1/
4\ Section 12; Section 14; Section 16; Section 18; Section 20;
Section 22; Sections 24-26; Section 28; W\1/2\, SE\1/4\ Section 30;
Section 32; W\1/2\, SE\1/4\ Section 34; Section 36.
T.19N., R.11E. Willamette Meridian: W\1/2\, SE\1/4\ Section 18;
Section 20; Section 28; Sections 30-32, Section 34 except NW\1/4\
NE\1/4\.
T.20N., R.10E. Willamette Meridian: W\1/2\ SE\1/4\, SE\1/4\
SE\1/4\ Section 28; Section 30; Section 32 except NW\1/4\ SE\1/4\,
SW\1/4\ NE\1/4\, N\1/2\ NE\1/4\; Section 34 except SE\1/4\ SE\1/4\.
[GRAPHIC] [TIFF OMITTED] TR24MY96.036
Map and description of WA-11-b taken from United States Fish and
Wildlife Service 1:100,000 map; Snoqualmie Pass and Mt Rainier,
Washington; 1995.
Critical Habitat includes only Federal lands designated as Late
Successional Reserves described within the following areas:
T.17N, R.07E. Willamette Meridian: S\1/2\ N\1/2\, S\1/2\, NE\1/
4\ NE/14 Section 4; E\1/2\ SE\1/4\ Section 5; Section 8 except W\1/
2\ NW\1/4\; Section 9; Sections 16-21; Section 28; N\1/2\ N\1/2\
Section 29; Section 30.
T.18N, R.07E. Willamette Meridian: SW\1/4\, SW\1/4\ SE\1/4\
Section 12; NW\1/4\, W\1/2\ NE\1/4\ Section 13; SE\1/4\ NW\1/4\,
SW\1/4\, N\1/2\ SE\1/4\, NE\1/4\ Section 14; E\1/2\ NW\1/4\, NE\1/4\
SW\1/4\, NW\1/4\ SE\1/4\, NE\1/4\ Section 22; NW\1/4\ NW\1/4\
Section 23; Section 36 except W\1/2\ NW\1/4\, NE\1/4\ NW\1/4\.
T.18N, R.08E. Willamette Meridian: SW\1/4\ Section 20; S\1/2\
SW\1/4\, SE\1/4\ SW\1/4\ Section 28; Section 29 except NE\1/4\; S\1/
2\ SW\1/4\, NE\1/4\ SW\1/4\, SE\1/4\ Section 30; Sections 31-34;
SW\1/4\ NW\1/4\, W\1/2\ SW\1/4\, SE\1/4\ SW\1/4\ Section 35.
[GRAPHIC] [TIFF OMITTED] TR24MY96.037
Map and description of WA-11-c taken from United States Fish and
Wildlife Service 1:100,000 map; Tacoma and Centralia, Washington; 1995.
Critical Habitat includes only Federal lands designated as Late
Successional Reserves described within the following areas:
T.13N., R.03E. Willamette Meridian: Section 2; Section 4;
Section 8; Section 10; Section 12; Section 14; Section 16; N\1/2\
NW\1/4\, SE\1/4\ NW\1/4\, NE\1/4\ Section 22; Section 24.
T.13N., R.04E. Willamette Meridian: NE\1/4\ Section 2; Sections
4-8; Section 16; Section 18; N\1/2\, SE\1/4\ Section 20; N\1/2\
SE\1/4\, SE\1/4\ SE\1/4\, NE\1/4\ Section 28.
T.14N., R.03E. Willamette Meridian: Section 22; Section 24;
Section 26; Section 28; Section 30; Section 32; Section 34; Section
36.
T.14N., R.04E. Willamette Meridian: Sections 2-5; SE\1/4\
Section 6; Sections 8-10; W\1/2\ Section 11; W\1/2\ SE\1/4\, SE\1/4\
SE\1/4\ Section 12; Sections 13-23; Section 24 except NW\1/4\;
Section 25 except SW\1/4\; N\1/2\ N\1/2\ Section 26; Sections 27-32;
E\1/2\ SW\1/4\, E\1/2\ Section 36.
T.15N., R.04E. Willamette Meridian: S\1/2\ Section 21; S\1/2\
Section 22; NW\1/4\ NW\1/4\, S\1/2\ NW\1/4\, SW\1/4\ Section 26;
Sections 27-28; E\1/2\ E\1/2\ Section 29; E1/2 Section 32; Sections
33-34; W\1/2\ Section 35.
[GRAPHIC] [TIFF OMITTED] TR24MY96.038
Map and description of WA-11-d taken from United States Fish and
[[Page 26295]]
Wildlife Service 1:100,000 map; Mt. Rainier, Washington; 1995.
Critical Habitat includes only Federal lands designated as Late
Successional Reserves described within the following areas:
T.13N., R.07E. Willamette Meridian: Section 10; Section 12;
Section 14; Section 22.
T.13N., R.08E. Willamette Meridian: Sections 1-8; Section 9
except SE\1/4\ SE\1/4\; N\1/2\ N\1/2\ Section 10; N\1/2\ NW\1/4\
NE\1/4\ SE\1/4\, NE\1/4\ Section 11; N\1/2\, NW\1/4\ SW\1/4\ Section
12; W\1/2\, NW\1/4\ SE\1/4\ Section 16; Section 17; Section 18
except S\1/2\ S\1/2\; N\1/2\ NW\1/4\, SE\1/4\ NW\1/4\, N\1/2\ SE\1/
4\, NE\1/4\ Section 20; NW\1/4\, N\1/2\ SW\1/4\ Section 21.
T.13N., R.09E. Willamette Meridian: NW\1/4\ NW\1/4\ Section 3;
Section 4 except S\1/2\ SE\1/4\; Sections 5-6; N\1/2\, N\1/2\ S\1/2\
Section 7; N\1/2\, N\1/2\ SW\1/4\ Section 8; N\1/2\ NW\1/4\ Section
9.
T.14N., R.07E. Willamette Meridian: SW\1/4\ NW\1/4\, S\1/2\
Section 1; Section 2 except N\1/2\ NE\1/4\; Section 3; S\1/2\ SW\1/
4\, SE\1/4\ Section 4; E\1/2\ SE\1/4\ Section 7; S\1/2\, S\1/2\ N\1/
2\ Section 8; Sections 9-17; N\1/2\ NE\1/4\, SE\1/4\ NE\1/4\ Section
18; Section 20 except SW\1/4\, S\1/2\ SE\1/4\; N\1/2\, N\1/2\ SW\1/
4\, SE\1/4\ Section 21; Sections 22-24; Section 25 except SW\1/4\
SW\1/4\; Section 26 except S\1/2\ S\1/2\; N\1/2\, N\1/2\ SE\1/4\
Section 27; NE\1/4\ NE\1/4\ Section 28; NE\1/4\ SE\1/4\, NE\1/4\
NE\1/4\ Section 36.
T.14N., R.08E. Willamette Meridian: S\1/2\ SE\1/4\ Section 2;
SW\1/4\, W\1/2\ SE\1/4\ Section 3; Section 4; Section 5 except NW\1/
4\ NW\1/4\; SW\1/4\ NW\1/4\, S\1/2\ Section 6; Sections 7-36.
T.14N., R.09E. Willamette Meridian: Section 7; W\1/2\ W\1/2\
Section 8; W\1/2\, SW\1/4\ SE\1/4\ Section 17; Sections 18-19;
Section 20 except NE\1/4\ NE\1/4\; W\1/2\ SW\1/4\ Section 21; W\1/
2\, W\1/2\ SE\1/4\ Section 28; Section 29-32; Section 33 except
NE\1/4\ NE\1/4\; SW\1/4\ SW\1/4\ Section 34.
T.15N., R.07E. Willamette Meridian: W\1/2\, W\1/2\ SE\1/4\
Section 5; E\1/2\ E\1/2\ Section 6; E\1/2\ E\1/2\ Section 7; W\1/2\,
W\1/2\ E\1/2\ Section 8; SW\1/4\ SW\1/4\ Section 16; N\1/2\ NW\1/4\,
NW\1/4\ NE\1/4\, E\1/2\ SE\1/4\ Section 17; S\1/2\ NW\1/4\, N\1/2\
SW\1/4\, SE\1/4\ SW\1/4\, E\1/2\ Section 20; W\1/2\ W\1/2\, SE\1/4\
SW\1/4\ Section 21; S\1/2\ S\1/2\ Section 34.
T.16N., R.07E. Willamette Meridian: Section 32.
[GRAPHIC] [TIFF OMITTED] TR24MY96.039
Map and description of OR-01-a taken from United States Fish and
Wildlife Service 1:100,000 map; Astoria, Nehalem River, Oregon; 1995.
Critical Habitat includes only Federal lands designated as Late
Successional Reserves described within the following areas:
T.05N., R.07W. Willamette Meridian: S\1/2\ SE\1/4\ Section 3;
N\1/2\ NE\1/4\ Section 10.
Critical Habitat includes only State lands described within the
following areas:
T.08N., R.06W. Willamette Meridian: W\1/2\ SW\1/4\, SW\1/4\
NW\1/4\ Section 17; Section 18 except NE\1/4\ NE\1/4\; Section 19;
W\1/2\ W\1/2\ Section 20; W\1/2\ Section 28; E\1/2\ Section 29;
NW\1/4\, N\1/2\ SW\1/4\ Section 30; W\1/2\ SW\1/4\, SE\1/4\ SW\1/4\
Section 31; E\1/2\ Section 32; W\1/2\ Section 33.
T.08N., R.07W. Willamette Meridian: Section 13; E\1/2\ Section
14; Section 23 except NW\1/4\; Section 24-26; Section 36.
T.07N., R.06W. Willamette Meridian: N\1/2\ SW\1/4\, SE\1/4\
SW\1/4\ Section 2; W\1/2\ W\1/2\, SE\1/4\ SW\1/4\ Section 3; Section
4; Sections 9-11; Sections 13-14; Section 16; Sections 25-36.
T.07N., R.07W. Willamette Meridian: Sections 30-31; NW\1/4\,
S\1/2\ SW\1/4\ Section 32.
T.07N., R.08W. Willamette Meridian: Section 22 except N\1/2\
N\1/2\; Section 23 except N\1/2\ NW\1/4\; Section 24 except NE\1/4\;
Section 25; Section 26 except S\1/2\ SW\1/4\; N\1/2\, N\1/2\ SW\1/
4\, SE\1/4\ SW\1/4\ Section 27; NE\1/4\ Section 28; S\1/2\, NE\1/4\
NW\1/4\ Section 35; Section 36.
T.06N., R.06W. Willamette Meridian: Section 1 except N\1/2\
NE\1/4\; Sections 2-6; NE\1/4\ NE\1/4\ Section 7; Sections 8-10;
S\1/2\, NW\1/4\ NW\1/4\, S\1/2\ NW\1/4\ Section 11; W\1/2\ SW\1/4\
Section 12; Section 13 except SW\1/4\, NE\1/4\ NE\1/4\; Section 14
except S\1/2\ SE\1/4\, NW\1/4\ SE\1/4\; Section 15; Section 16
except SW\1/4\ SE\1/4\, SE\1/4\ SW\1/4\; Section 17 except N\1/2\
NW\1/4\; SE\1/4\ NE\1/4\ Section 18; S\1/2\ SE\1/4\, NE\1/4\ SE\1/
4\, S\1/2\ SW\1/4\ Section 19; E\1/2\ NE\1/4\ Section 21; N\1/2\
N\1/2\ Section 22; N\1/2\ NW\1/4\ Section 23; NE\1/4\ NW\1/4\, E\1/
2\ Section 24; W\1/2\ Section 28; SW\1/4\, W\1/2\ NW\1/4\, E\1/2\
NE\1/4\, SW\1/4\ SE\1/4\ Section 29; Sections 30-32; S\1/2\ NW\1/4\,
W\1/2\ SW\1/4\, SW\1/4\ NE\1/4\ Section 33.
T.06N., R.07W. Willamette Meridian: Sections 1-3; N\1/2\ NE\1/
4\, NE\1/4\ NW\1/4\ Section 4; NW\1/4\ NW\1/4\ Section 5; N\1/2\
NE\1/4\ Section 6; E\1/2\ SE\1/4\ Section 9; Sections 10-15; NE\1/4\
NE\1/4\, S\1/2\ SW\1/4\ Section 16; S\1/2\ S\1/2\ Section 17; W\1/2\
Section 18; S\1/2\, W\1/2\ NW\1/4\ Section 19; Sections 20-23; W\1/
2\ SW\1/4\ Section 24; W\1/2\ NW\1/4\, NW\1/4\ SW\1/4\, SE\1/4\
SE\1/4\ Section 25; Sections 26-28; S\1/2\, W\1/2\ NW\1/4\ Section
29; Section 30; NE\1/4\, N\1/2\ NW\1/4\ Section 31; E\1/2\ SE\1/4\,
N\1/2\ Section 32; Section 33; NE\1/4\, S\1/2\ SW\1/4\, SE\1/4\
SE\1/4\ Section 34; N\1/2\ NE\1/4\, SW\1/4\ NE\1/4\, E\1/2\ SW\1/4\,
SW\1/4\ SW\1/4\ Section 35; E\1/2\, SW\1/4\ SW\1/4\, E\1/2\ SW\1/4\
Section 36.
T.06N., R.08W. Willamette Meridian: NE\1/4\ Section 13; SE\1/4\,
E\1/2\ SW\1/4\, S\1/2\ NE1/4 Section 24; E\1/2\ Section 25; SW\1/4\
Section 27; Section 28 except NE\1/4\; Section 29 except NW\1/4\;
E\1/2\ Section 32; Sections 33-34.
T.05N., R.06W. Willamette Meridian: N\1/2\ NW\1/4\, SW\1/4\
NW\1/4\, NW\1/4\ SW\1/4\, NE\1/4\ SW\1/4\ Section 6.
T.05N., R.07W. Willamette Meridian: E\1/2\ NW\1/4\, NW\1/4\
NW\1/4\, NE\1/4\, N\1/2\ SE\1/4\ Section 1; N\1/2\ NW\1/4\ Section
3; NE\1/4\ NE\1/4\ Section 4.
[GRAPHIC] [TIFF OMITTED] TR24MY96.040
Map and description of OR-01-b taken from United States Fish and
Wildlife Service 1:100,000 map; Nehalem River, Oregon; 1995.
Critical Habitat includes only State lands described within the
following areas:
T.03N., R.08W. Willamette Meridian: Sections 6-7; Sections 16-
17; Section 18 south of Foss River; Sections 19-21; Sections 27-28.
T.03N., R.09W. Willamette Meridian: Section 1 except W\1/2\
NW\1/4\; SE\1/4\ SW\1/4\, SE\1/4\ Section 2; NW\1/4\, W\1/2\ SW\1/4\
Section 3; E\1/2\, S\1/2\ SW\1/4\, NE\1/4\ NW\1/4\ Section 4;
Section 5 except W\1/2\ NW\1/4\; Section 8 except SW\1/4\ NW\1/4\,
NW\1/4\ SW\1/4\; Sections 9-16; Section 21 except W\1/2\ NW\1/4\,
SE\1/4\ NW\1/4\; Section 23 lying N of Foss River; E\1/2\, NW\1/4\
Section 24 lying N of Foss River; Section 28.
T.03N., R.10W. Willamette Meridian: W1/2 Section 1; Section 2
except NW\1/4\; SW\1/4\, S\1/2\ SE\1/4\ Section 5; Section 6 except
NW\1/4\ NW\1/4\, NE\1/4\ NE\1/4\; Section 7; N\1/2\ NE\1/4\, SE\1/4\
NE\1/4\, NW\1/4\ NW\1/4\ Section 8; W\1/2\ NE\1/4\ Section 11;
Section 12 except E\1/2\ E\1/2\, W\1/2\ SW\1/4\; NW\1/4\ NE\1/4\
Section 13; S\1/2\, E\1/2\ NE\1/4\ Section 17; Section 18 except
N\1/2\ NE\1/4\, SE\1/4\ NE\1/4\.
T.03N., R.11W. Willamette Meridian: S1/2 Section 1; Section 12.
T.04N., R. 08W. Willamette Meridian: SW\1/4\, S\1/2\ NW\1/4\,
NW\1/4\ SE\1/4\, S\1/2\ SE\1/4\ Section 8; SE\1/4\ Section 10; S\1/
2\ S\1/2\, W\1/2\ NW\1/4\, SE\1/4\ NW\1/4\ Section 14; Section 15
except NW\1/4\; Section 17 except NW\1/4\ SW\1/4\; Sections 19-20;
Section 21 except N\1/2\ NW\1/4\; Section 22 except S\1/2\ NE\1/4\,
NW\1/4\ NE\1/4\; E\1/2\ NW\1/4\, NW\1/4\ NW\1/4\, W\1/2\ NE\1/4\
Section 23; Section 27-29; SE\1/4\, N\1/2\ NE\1/4\, SE\1/4\ NE\1/4\,
NE\1/4\ NW\1/4\, E\1/2\ SW\1/4\, SW\1/4\ SW\1/4\ Section 31;
Sections 32-34.
T.04N., R.09W. Willamette Meridian Section 10 except NW1/4;
SW\1/4\ Section 11; Sections 13-14; NE\1/4\, S\1/2\ SE\1/4\, NE\1/4\
SE\1/4\ Section 15; NE\1/4\, NW\1/4\ SE\1/4\ Section 22; Section 23
except S\1/2\ SE\1/4\, NW\1/4\ SE\1/4\; N\1/2\, NW\1/4\ SW\1/4\,
NW\1/4\ SE\1/4\ Section 24; SW\1/4\ SW\1/4\ Section 28; Section 32
except W\1/2\ W\1/2\, NE\1/4\ NW\1/4\; W\1/2\ W\1/2\, S\1/2\ SE\1/
4\, SE\1/4\ SW\1/4\ Section 33; Section 34 except N\1/2\, NE\1/4\
SW\1/4\; SW\1/4\ SW\1/4\ Section 35.
T.04N., R.10W. Willamette Meridian: S\1/2\ SW\1/4\, SW\1/4\
SE\1/4\, SE\1/4\ SE\1/4\ Section 30; E\1/2\ W\1/2\, NW\1/4\ NW\1/4\,
W\1/2\ SW\1/4\ Section 31.
[[Page 26296]]
[GRAPHIC] [TIFF OMITTED] TR24MY96.041
Map and description of OR-01-c taken from United States Fish and
Wildlife Service 1:100,000 map; Nehalem River and Yamhill River,
Oregon; 1995.
Critical Habitat includes only Federal lands designated as Late
Successional Reserves described within the following areas:
T.01N., R.09W. Willamette Meridian: W\1/2\ SW\1/4\, SE\1/4\
SW\1/4\, SW\1/4\ NW\1/4\ Section 25; SE\1/4\, SE\1/4\ SW\1/4\, SE\1/
4\ NE\1/4\ Section 26; E\1/2\ SE\1/4\, SE\1/4\ NE\1/4\ Section 34;
Section 35 except SW\1/4\.
T.01S., R.08W. Willamette Meridian: Section 7 except E\1/2\
NE\1/4\, SE\1/4\; S\1/2\ Section 17; S\1/2\, SE\1/4\ NE\1/4\ Section
18; N\1/2\ N\1/2\, SW\1/4\ NE\1/4\, SE\1/4\ NW\1/4\, SE\1/4\ SE\1/4\
Section 19; N\1/2\ N\1/2\, NE\1/4\ SW\1/4\, SW\1/4\ SW\1/4\ Section
20; Section 21 except N\1/2\ NE\1/4\, S\1/2\ SW\1/4\; W\1/2\ Section
22; S\1/2\ SW\1/4\, SE\1/4\ NW\1/4\, NE\1/4\ SW\1/4\, SW\1/4\ NE\1/
4\, W\1/2\ SE\1/4\ Section 27; S\1/2\ NW\1/4\, S\1/2\ SE\1/4\, N\1/
2\ SW\1/4\, SE\1/4\ SW\1/4\ Section 28; S\1/2\ NE\1/4\, N\1/2\ SE\1/
4\, S\1/2\ SW\1/4\, NE\1/4\ SW\1/4\ Section 29; NE\1/4\, N\1/2\
NW\1/4\, SW\1/4\ NW\1/4\, SE\1/4\ SE\1/4\ Section 30; N\1/2\ NE\1/4\
Section 31.
T.01S., R.09W. Willamette Meridian: Section 1 except E\1/2\ E\1/
2\; E\1/2\ E\1/2\, NW\1/4\ NE\1/4\ Section 2; N\1/2\ SW\1/4\ Section
3; Section 4 except SE\1/4\ SE\1/4\; NE\1/4\, N\1/2\ SE\1/4\, E\1/2\
NW\1/4\ Section 5; S\1/2\ NE\1/4\, NW\1/4\ NE\1/4\, N\1/2\ NW\1/4\,
SE\1/4\ NW\1/4\, E\1/2\ SW\1/4\, E\1/2\ SE\1/4\ Section 9; S\1/2\,
S\1/2\ NW\1/4\, SW\1/4\ NE\1/4\ Section 10; Section 11 except N\1/2\
NE\1/4\; NW\1/4\, W\1/2\ SW\1/4\, E\1/2\ NE\1/4\, Section 12; E\1/2\
NW\1/4\, SW\1/4\ NE\1/4\ Section 13; W\1/2\ NE\1/4\, NW\1/4\, NE\1/
4\ SW\1/4\, SW\1/4\ SW\1/4\ Section 14; N\1/2\ NW\1/4\, NE\1/4\
NE\1/4\ Section 15.
T.01S., R.11W. Willamette Meridian: SE\1/4\ SE\1/4\ Section 13.
Critical Habitat includes only State lands described within the
following areas:
T.02N., R.09W. Willamette Meridian: Section 3; E\1/2\, NW\1/4\
Section 7; S\1/2\ Section 16; Section 18 except SW\1/4\ NW\1/4\,
N\1/2\ NW\1/4\; Sections 19-22; Sections 29-32.
T.02N., R.10W. Willamette Meridian: E\1/2\ E\1/2\, NW\1/4\ SE\1/
4\ Section 24; S\1/2\ SE\1/4\ Section 25; Section 36 except NW\1/4\
NW\1/4\, NW\1/4\ SW\1/4\.
T.01N., R.09W. Willamette Meridian: Section 9; Section 16 except
SW\1/4\; SW\1/4\, E\1/2\ SE\1/4\ Section 19; Section 20 except NE\1/
4\ NE\1/4\; S\1/2\ SW\1/4\, NW\1/4\ SW\1/4\ Section 21; Section 26
except SE\1/4\, SE\1/4\ SW\1/4\, SE\1/4\ NE\1/4\; Section 27; W\1/2\
Section 28; Section 29 except NW\1/4\; Section 30; NE\1/4\, N\1/2\
NW\1/4\, NE\1/4\ SE\1/4\ Section 31; N\1/2\, S\1/2\ SE\1/4\, NE\1/4\
SE\1/4\ Section 32; S\1/2\ SW\1/4\, SE\1/4\, N\1/2\ NW\1/4\, SW\1/4\
NW\1/4\, NW\1/4\ SW\1/4\ Section 33; Section 34 except E\1/2\ SE\1/
4\, SE\1/4\ NE\1/4\, S\1/2\ SW\1/4\, NW\1/4\ SW\1/4\, SW\1/4\ NW\1/
4\; NW\1/4\ NW\1/4\ Section 35; Section 36.
T.01N., R.10W. Willamette Meridian: N\1/2\ NE\1/4\ Section 1;
SW\1/4\ SW\1/4\ Section 2; SE\1/4\ SE\1/4\ Section 3; E\1/2\ NE\1/
4\, NE\1/4\ SE\1/4\ Section 10; W\1/2\, SE\1/4\ SE\1/4\ Section 11;
Section 13 except N\1/2\ NE\1/4\; S\1/2\ SE\1/4\ Section 14; SE\1/
4\, SE\1/4\ NW\1/4\, NE\1/4\ SW\1/4\ Section 22; Section 23 except
W\1/2\ NW\1/4\; Sections 24-26; E\1/2\, NW\1/4\, E\1/2\ SW\1/4\
Section 27; N\1/2\ NE\1/4\ Section 34; NE\1/4\, N\1/2\ SE\1/4\
Section 35; NE\1/4\ Section 36.
T.01S., R.08W. Willamette Meridian: N\1/2\ Section 6; SE\1/4\
Section 7; SW\1/4\ Section 16; N\1/2\ S\1/2\, SE\1/4\ NW\1/4\
Section 17; NW\1/4\ NW\1/4\, SE\1/4\ NW\1/4\, SW\1/4\ NE\1/4\, NW\1/
4\ SE\1/4\ Section 18; Section 19 except SW\1/4\, SW\1/4\ NW\1/4\,
SE\1/4\ NE\1/4\, N\1/2\ SE\1/4\, SW\1/4\ SE\1/4\; Section 20 except
S\1/2\ S\1/2\, N\1/2\ N\1/2\, NE\1/4\ SW\1/4\; S\1/2\ SW\1/4\,
Section 21; N\1/2\ N\1/2\, SW\1/4\ NE\1/4\ Section 28.
T.01S., R.09W. Willamette Meridian: E\1/2\ E\1/2\ Section 1;
Section 3 except N\1/2\ SW\1/4\; SE\1/4\ SE\1/4\ Section 4; S\1/2\
SE\1/4\, NE\1/4\ SE\1/4\, SE\1/4\ SW\1/4\ Section 7; E\1/2\ SE\1/4\
Section 8; W\1/2\ SW\1/4\, W\1/2\ SE\1/4\ Section 9; Section 13
except N\1/2\ NW\1/4\, SE\1/4\ NW\1/4\, SW\1/4\ NE\1/4\; S\1/2\
SE\1/4\, SE\1/4\ SW\1/4\ Section 14; N\1/2\ NE\1/4\, NW\1/4\ Section
16; N\1/2\, N\1/2\ SE\1/4\ Section 17; NE\1/4\, E\1/2\ NW\1/4\
Section 18; NW\1/4\, W\1/2\ NE\1/4\ Section 23; S\1/2\ SW\1/4\,
NE\1/4\ SE\1/4\, S\1/2\ SE\1/4\ Section 24; Section 25; NE\1/4\,
E\1/2\ NW\1/4\, N\1/2\ SE\1/4\ Section 36.
Critical Habitat includes only State owned and State managed lands
described within the following areas:
NE\1/4\, N\1/2\ SE\1/4\, NW\1/4\ SE\1/4\, E\1/2\ NW\1/4\ Section
13.
Critical Habitat includes only County lands described within the
following areas:
T.01N., R.09W. Willamette Meridian: SW\1/4\ Section 16; N\1/2\,
SE\1/4\, NE\1/4\ SW\1/4\ Section 21; E\1/2\ Section 28; NE\1/4\
Section 33.
[GRAPHIC] [TIFF OMITTED] TR24MY96.042
Map and description of OR-01-d taken from United States Fish and
Wildlife Service 1:100,000 map; Nehalem River, Oregon; 1995.
Critical Habitat includes only State lands described within the
following areas:
T.04N., R.06W. Willamette Meridian: W\1/2\ NW\1/4\, NE\1/4\
NW\1/4\, NW\1/4\ NE\1/4\ Section 4; Section 5 except SW\1/4\;
Section 30 except NE\1/4\; N\1/2\ NW\1/4\, SW\1/4\ NW\1/4\, NW\1/4\
NE\1/4\ Section 31.
T.04N., R.07W. Willamette Meridian: SW\1/4\, S\1/2\ NW\1/4\
Section 1; Section 2 except NE\1/4\, SW\1/4\ NW\1/4\; N\1/2\ N\1/2\,
SE\1/4\ NE\1/4\, S\1/2\ NE\1/4\ Section 3; SE\1/4\, S\1/2\ NE\1/4\,
NW\1/4\ SW\1/4\ Section 9; N\1/2\ N\1/2\, S\1/2\ SW\1/4\, SE\1/4\
NE\1/4\, SE\1/4\ SE\1/4\ Section 10; Section 11 except N\1/2\ NE\1/
4\, SE\1/4\ NE\1/4\, SW\1/4\ SE\1/4\, NW\1/4\ SW\1/4\; Section 13
except NW\1/4\ NE\1/4\, SE\1/4\ SE\1/4\; Section 14 except NW\1/4\
NE\1/4\; Section 15; Section 16 except E\1/2\ NE\1/4\, NE\1/4\ SE\1/
4\; Sections 21-22; Section 23 except S\1/2\ SE\1/4\; Section 24
except E\1/2\ NE\1/4\, SW\1/4\ SW\1/4\; NE\1/4\, E\1/2\ NW\1/4\,
E\1/2\ SE\1/4\ Section 25.
T.05N., R.06W. Willamette Meridian: Section 1 except NE\1/4\;
Sections 2-3; SE\1/4\, S\1/2\ SW\1/4\, S\1/2\ NE\1/4\ Section 7;
Sections 8-18; Section 19 except E\1/2\ NE\1/4\; Section 20 except
N\1/2\ NW\1/4\; Sections 21-22; Section 23 except SE\1/4\ SE\1/4\;
Section 24; E\1/2\ NE\1/4\, NW\1/4\ NE\1/4\ Section 25; Sections 27-
30; Section 31 except W\1/2\ W\1/2\; Sections 32-33; Section 34
except SE\1/4\.
T.05N., R.07W. Willamette Meridian: E\1/2\ E\1/2\, SW\1/4\ SE\1/
4\, SE\1/4\ SW\1/4\ Section 13; Section 22 except S\1/2\ S\1/2\;
N\1/2\ SW\1/4\ Section 23; Section 24 except NE\1/4\, NW\1/4\ NW\1/
4\; Sections 25-26; E\1/2\ SE\1/4\, SE\1/4\ NE\1/4\ Section 27;
SE\1/4\ Section 33; E\1/2\ Section 34; Section 35 except N\1/2\
NE\1/4\, NE\1/4\ NW\1/4\; N\1/2\ Section 36.
T.05N., R.08W. Willamette Meridian: S\1/2\ NW\1/4\ Section 25;
SE\1/4\ NE\1/4\ Section 26.
T.06N., R.06W. Willamette Meridian: S\1/2\ SW\1/4\, SW\1/4\
SE\1/4\ Section 23; Section 26 except NE\1/4\; Section 35 except
SW\1/4\ NE\1/4\; Section 36 except N\1/2\ NW\1/4\, SE\1/4\ NW\1/4\.
[GRAPHIC] [TIFF OMITTED] TR24MY96.043
Map and description of OR-02-a taken from United States Fish and
Wildlife Service 1:100,000 map; Yamhill River, Oregon; 1995.
Critical Habitat includes only State lands described within the
following areas:
T.02S., R.09W. Willamette Meridian: Section 22 except SW\1/4\,
S\1/2\ NW\1/4\, S\1/2\
[[Page 26297]]
NE\1/4\, SW\1/4\ SE\1/4\; Sections 23-25; N\1/2\ Section 26; E\1/2\
NE\1/4\, SW\1/4\ NE\1/4\ Section 27.
T.02S., R.08W. Willamette Meridian: SW\1/4\ Section 19; N\1/2\
SW\1/4\, NW\1/4\ Section 29; Section 30.
[GRAPHIC] [TIFF OMITTED] TR24MY96.044
Map and description of OR-02-b taken from United States Fish and
Wildlife Service 1:100,000 map; Yamhill River, Oregon; 1995.
Critical Habitat includes only Federal lands designated as Late
Successional Reserves described within the following areas:
T.03S., R.09W. Willamette Meridian: SW\1/4\, W\1/2\ SE\1/4\,
SW\1/4\ NW\1/4\ Section 3; S\1/2\, SW\1/4\ NW\1/4\, SE\1/4\ NE\1/4\,
W\1/2\ NE\1/4\; Section 4; E\1/2\ SE\1/4\ Section 8; Section 9;
Section 10 except N\1/2\ SE\1/4\; NW\1/4\ Section 15; N\1/2\ Section
16; S\1/2\ NW\1/4\, N\1/2\ SW\1/4\ Section 19; S\1/2\ SW\1/4\
Section 32.
T.03S., R.10W. Willamette Meridian: SE\1/4\, E\1/2\ SW\1/4\,
S\1/2\ NE\1/4\ Section 22; Section 23 except N\1/2\ NW\1/4\; S\1/2\,
E\1/2\ NE\1/4\, SW\1/4\ NW\1/4\ Section 24; W\1/2\ NW\1/4\ Section
25; Section 26; Section 27 except SW\1/4\ NE\1/4\; E\1/2\, E\1/2\
W\1/2\ Section 28; Section 32 except N\1/2\ N\1/2\, W\1/2\ SW\1/4\;
Section 33; N\1/2\ NE\1/4\, W\1/2\ SW\1/4\, NW\1/4\ Section 34;
Section 35 except S\1/2\ S\1/2\, NW\1/4\ SW\1/4\.
T.04S., R.09W. Willamette Meridian: S\1/2\ SW\1/4\, SW\1/4\
SE\1/4\ Section 4; W\1/2\, W\1/2\ E\1/2\, SE\1/4\ SE\1/4\ Section 5;
Section 6 except W\1/2\ W\1/2\; Section 7 except W\1/2\ NW\1/4\;
Sections 8-9; SW\1/4\, SW\1/4\ SE\1/4\, S\1/2\ NW\1/4\ Section 10;
NW\1/4\, W\1/2\ NE\1/4\ Section 15; N\1/2\, SE\1/4\ Section 16; N\1/
2\ Section 17; N\1/2\ Section 18.
T.04S., R.10W. Willamette Meridian: SW\1/4\, S\1/2\ NW\1/4\,
NW\1/4\ NW\1/4\, W\1/2\ E\1/2\ Section 3; E\1/2\, N\1/2\ NW\1/4\,
SE\1/4\ NW\1/4\, SE\1/4\ Section 4; N\1/2\, SW\1/4\, W\1/2\ SE\1/4\
Section 5; E\1/2\ SW\1/4\, E\1/2\ Section 6; N\1/2\ NE\1/4\, NE\1/4\
NW\1/4\ Section 7; NE\1/4\ Section 9.
T.05S., R.09W. Willamette Meridian: SW\1/4\ Section 5; SE\1/4\,
SW\1/4\ NE\1/4\, E\1/2\ SW\1/4\ Section 6; Section 7; W\1/2\, S\1/2\
SE\1/4\, NW\1/4\ SE\1/4\ Section 8; NW\1/4\, SE\1/4\ SW\1/4\, W\1/2\
NE\1/4\, N\1/2\ SW\1/4\ Section 17; Section 18; N\1/2\ Section 19;
NW\1/4\ NW\1/4\ Section 20.
T.05S., R.10W. Willamette Meridian: Section 1; Section 2 except
S\1/2\ S\1/2\, NE\1/4\ NE\1/4\; NE\1/4\, E\1/2\ NW\1/4\, SE\1/4\
SW\1/4\, SW\1/4\ NW\1/4\, SW\1/4\ SE\1/4\, NE\1/4\ SW\1/4\ Section
3; S\1/2\ NE\1/4\ Section 4; N\1/2\ NE\1/4\, E\1/2\ NW\1/4\, NW\1/4\
NW\1/4\, SW\1/4\ SE\1/4\, SE\1/4\ SW\1/4\ Section 10; NW\1/4\ NW\1/
4\, SE\1/4\ NW\1/4\, NW\1/4\ SW\1/4\ Section 11; E\1/2\, E\1/2\
NW\1/4\, SW\1/4\ NW\1/4\, NE\1/4\ SW\1/4\ Section 12; NE\1/4\ NW\1/
4\, E\1/2\ Section 13; SW\1/4\ Section 14; SW\1/4\, SW\1/4\ NW\1/4\
Section 17; Section 20 except W\1/2\ W\1/2\, SE\1/4\ NE\1/4\; NW\1/
4\, E\1/2\ SE\1/4\ Section 22; SE\1/4\ NW\1/4\, NW\1/4\ SE\1/4\,
SW\1/4\ NE\1/4\, SW\1/4\ SW\1/4\, SE\1/4\ SE\1/4\, NW\1/4\ SE\1/4\,
N\1/2\ N\1/2\ Section 23; NW\1/4\ NE\1/4\, E\1/2\ NW\1/4\ Section
24; N\1/2\ N\1/2\ Section 26; S\1/2\ Section 32; S\1/2\ S\1/2\,
NE\1/4\ SE\1/4\, NW\1/4\ SW\1/4\, SW\1/4\ NW\1/4\, SE\1/4\ NE\1/4\
Section 33; W\1/2\ SE\1/4\ Section 34.
T.06S., R.10W. Willamette Meridian: Section 2; W\1/2\ W\1/2\,
SE\1/4\ SE\1/4\, NE\1/4\ SW\1/4\ Section 3; Section 4; N\1/2\ S\1/
2\, N\1/2\ Section 5; W\1/2\ W\1/2\, E\1/2\ SW\1/4\, E\1/2\ SE\1/4\
Section 6; Section 7; Section 8 except N\1/2\ NE\1/4\; Section 9
except NW\1/4\ NW\1/4\, SE\1/4\ SW\1/4\, S\1/2\ SE\1/4\; Section 10;
Section 11 except NE\1/4\, SE\1/4\ SE\1/4\; SW\1/4\ Section 12; S\1/
2\, NW\1/4\ NE\1/4\ Section 14; W\1/2\, SE\1/4\ Section 15; Section
16 except N\1/2\ NE\1/4\; Section 17-18; NW\1/4\, W\1/2\ SW\1/4\,
W\1/2\ E\1/2\ Section 19; W\1/2\ NE\1/4\, E\1/2\ NW\1/4\ Section 20;
Sections 21-22; W\1/2\, W\1/2\ E\1/2\ Section 23; S\1/2\ NW\1/4\,
S\1/2\ SW\1/4\ Section 26; W\1/2\ W\1/2\, NE\1/4\, NE\1/4\ NW\1/4\,
SE\1/4\ SE\1/4\ Section 27; Section 28 except SW\1/4\ NW\1/4\; NE\1/
4\, NW\1/4\ SE\1/4\ Section 30.
T.06S., R.11W. Willamette Meridian: Section 1-2; Section 11;
Section 12; Section 13 except SE\1/4\ NW\1/4\, SW\1/4\ NE\1/4\;
NE\1/4\, N\1/2\ SE\1/4\ Section 14; Section 24 except SE\1/4\ SE\1/
4\, N\1/2\ NW\1/4\.
Critical Habitat includes only State lands described within the
following areas:
T.05S., R.10W. Willamette Meridian: S\1/2\ NE\1/4\, E\1/2\ SE\1/
4\ Section 10; E\1/2\ SE\1/4\, SE\1/4\ NE\1/4\ Section 11.
[GRAPHIC] [TIFF OMITTED] TR24MY96.045
Map and description of OR-02-c taken from United States Fish and
Wildlife Service 1:100,000 map; Yamhill River and Corvallis, Oregon;
1995.
Critical Habitat includes only Federal lands designated as Late
Successional Reserves described within the following areas:
T.06S., R.10W. Willamette Meridian: SE\1/4\ Section 32.
T.07S., R.09W. Willamette Meridian: SW\1/4\, W\1/2\ NW\1/4\,
SE\1/4\ NW\1/4\, SW\1/4\ SE\1/4\ Section 3; SE\1/4\, E\1/2\ NE\1/4\,
SW\1/4\ NE\1/4\, NE\1/4\ SW\1/4\ Section 4; W\1/2\ NW\1/4\ Section
5; Section 8 except S\1/2\ SW\1/4\ SW\1/4\ SE\1/4\; Section 9 except
N\1/2\ NE\1/4\, SE\1/4\ NE\1/4\, NE\1/4\ NW\1/4\, SW\1/4\ SE\1/4\,
SE\1/4\ SW\1/4\; Section 16 except E\1/2\ E\1/2\, NE\1/4\ NW\1/4\;
S\1/2\, E\1/2\ NE\1/4\ Section 17; Section 18 except NE\1/4\ NE\1/
4\; SW\1/4\, S\1/2\ NW\1/4\ Section 19; NE\1/4\, NW\1/4\ SE\1/4\
Section 20; W\1/2\ NW\1/4\, NE\1/4\ NW\1/4\, S\1/2\ SW\1/4\ Section
21; N\1/2\ NW\1/4\, SW\1/4\ NW\1/4\ Section 28; SE\1/4\ NE\1/4\
Section 29; N\1/2\ NW\1/4\ Section 30.
T.07S., R.10W. Willamette Meridian: SW\1/4\, NW\1/4\ SE\1/4\
Section 3; Section 4 except E\1/2\ NE\1/4\; Section 5; Sections 7-9;
Section 10 except E\1/2\ NW\1/4\, NE\1/4\; N\1/2\ S\1/2\, E\1/2\
NE\1/4\, SW\1/4\ SE\1/4\, SE\1/4\ NE\1/4\ Section 11; Section 12
except S\1/2\ NW\1/4\, N\1/2\ SW\1/4\, E\1/2\ NE\1/4\; Section 13;
Section 14 except N\1/2\ NW\1/4\, SW\1/4\ NW\1/4\, W\1/2\ SW\1/4\,
NE\1/4\ NE\1/4\; Section 15 except S\1/2\ S\1/2\; Section 16 except
SE\1/4\ SE\1/4\; Section 17; N\1/2\ Section 18; S\1/2\ S\1/2\
Section 20; NE\1/4\, SW\1/4\ Section 21; Sections 22-23; Section 24
except NW\1/4\ SE\1/4\, SW\1/4\ NE\1/4\, NE\1/4\ SW\1/4\; Section 25
except NW\1/4\; Section 26 except NW\1/4\; Sections 27-29; Section
31 except N\1/2\ NW\1/4\, NW\1/4\ NE\1/4\; Sections 32-35.
T.08S., R.10W. Willamette Meridian: Sections 1-5; Section 6
except NW\1/4\ SW\1/4\, SW\1/4\ NW\1/4\; Section 7 except NW\1/4\
SW\1/4\, S\1/2\ SW\1/4\, S\1/2\ SE\1/4\ S\1/2\ NE\1/4\; Section 8
except S\1/2\ S\1/2\; Sections 9-14; Section 15 except SE\1/4\ SE\1/
4\; E\1/2\ E\1/2\, NW\1/4\ NE\1/4\, SW\1/4\ SE\1/4\ Section 16;
SW\1/4\ SE\1/4\ Section 22; Sections 23 except SW\1/4\ NW\1/4\,
NW\1/4\ SW\1/4\; Section 24 except SE\1/4\ SE\1/4\; NE\1/4\ NW\1/4\,
NW\1/4\ NE\1/4\ Section 25; Section 26 except SE\1/4\, E\1/2\ NE\1/
4\; W\1/2\ NE\1/4\ Section 28.
[GRAPHIC] [TIFF OMITTED] TR24MY96.046
Map and description of OR-02-d taken from United States Fish and
Wildlife Service 1:100,000 map; Corvallis, Oregon; 1995.
Critical Habitat includes only Federal lands designated as Late
Successional Reserves described within the following areas:
T.07S., R.06W. Willamette Meridian: SW\1/4\ Section 4; Section 5
except N\1/2\ NE\1/4\, NW\1/4\ NW\1/4\; Section 6 except NE\1/4\,
N\1/2\ NW\1/4\, NW\1/4\ SE\1/4\; Section 7; S\1/2\ S\1/2\, NE\1/4\
SW\1/4\, N\1/2\ SE\1/4\, SE\1/4\ NE\1/4\ Section 9; Section 17
except NW\1/4\, W\1/2\ NE\1/4\, NW\1/4\ SW\1/4\.
T.07S., R.07W. Willamette Meridian: Section 1 except N\1/2\
NE\1/4\; Sections 2-3;
[[Page 26298]]
Section 4 except N\1/2\ NW\1/4\, NW\1/4\ NE\1/4\; Section 5; Section
7; N\1/2\ Section 8; Section 9; Section 11 except SE\1/4\ SW\1/4\,
SW\1/4\ SE\1/4\; Section 13 except NE\1/4\ SE\1/4\; Section 15;
Section 17; N\1/2\ Section 18; Section 19; Section 21; Section 23;
N\1/2\ Section 25; N\1/2\ Section 26; Section 27; Section 29;
Section 31; Section 33; NW\1/4\ Section 34.
T.07S., R.08W. Willamette Meridian: Section 1; SE\1/4\ Section
12; Section 13; S\1/2\, S\1/2\ N\1/2\ Section 14; Section 15 except
W\1/2\ W\1/2\; Section 17; Section 18 except W\1/2\ W\1/2\; Section
19 except W\1/2\ W\1/2\; W\1/2\ Section 20; Section 23; Section 25;
Section 27; Section 28 except E\1/2\ SW\1/4\, S\1/2\ NW\1/4\;
Section 29 except SE\1/4\; Section 30 except W\1/2\ W\1/2\; Section
31 except W\1/2\ W\1/2\, E\1/2\ SE\1/4\; Section 32 except NE\1/4\;
N\1/2\, N\1/2\ SW\1/4\, NW\1/4\ SE\1/4\ Section 33; Section 35.
T.08S., R.07W. Willamette Meridian: NE\1/4\ Section 3; SW\1/4\
SE\1/4\, N\1/2\ SW\1/4\, SE\1/4\ SW\1/4\ Section 4; Section 5; NE\1/
4\ NE\1/4\ Section 17.
T.08S., R.08W. Willamette Meridian: Section 1 except SE\1/4\;
Section 3 except W\1/2\ W\1/2\.
Description of Lands Using Protracted Public Land Survey Lines
Critical Habitat includes only Federal lands designated as Late
Successional Reserves described within the following areas:
T.07S., R.06W. Willamette Meridian: SE\1/4\ SW\1/4\, SW\1/4\
SE\1/4\ Section 4; E\1/2\ NW\1/4\ Section 9.
[GRAPHIC] [TIFF OMITTED] TR24MY96.047
Map and description of OR-02-e taken from United States Fish and
Wildlife Service 1:100,000 map; Yamhill River, Oregon; 1995.
Critical Habitat includes only Federal lands designated as Late
Successional Reserves described within the following areas:
T.01S., R.05W. Willamette Meridian: Section 19 except NW\1/4\.
T.02S., R.05W. Willamette Meridian: N\1/2\ N\1/2\ Section 3;
SW\1/4\ NE\1/4\ Section 5; SW\1/4\ SE\1/4\, SE\1/4\ NE\1/4\ Section
7.
T.02S., R.06W. Willamette Meridian: S\1/2\ NW\1/4\ Section 25;
S\1/2\ NW\1/4\, NE\1/4\, S\1/2\ S\1/2\ Section 26; Section 35.
T.02S., R.08W. Willamette Meridian: Section 31 except W\1/2\
NW\1/4\, E\1/2\ SE\1/4\; NW\1/4\, SW\1/4\ NE\1/4\, SE\1/4\, N\1/2\
SW\1/4\ Section 32; Section 33 except NW\1/4\ NW\1/4\; W\1/2\ NW\1/
4\, NW\1/4\ SW\1/4\ Section 34.
T.03S., R.06W. Willamette Meridian: N\1/2\ NW\1/4\ Section 1;
Section 7; SE\1/4\, NE\1/4\ SW\1/4\ Section 13; S\1/2\ SW\1/4\
Section 16; Sections 17-20; W\1/2\, W\1/2\ E\1/2\ Section 21; SE\1/
4\ SE\1/4\ Section 27; SW\1/4\, S\1/2\ NW\1/4\, NW\1/4\ SE\1/4\,
SW\1/4\ NE\1/4\ Section 28; Section 29; Section 30 except NE\1/4\;
Section 31; W\1/2\ Section 32; Section 33 except SW\1/4\; SE\1/4\
Section 36.
T.03S., R.07W. Willamette Meridian: S\1/2\ Section 5; Section 7;
S\1/2\ NE\1/4\, W\1/2\ NW\1/4\, N\1/2\ SW\1/4\, N\1/2\ SE\1/4\,
SE\1/4\ SE\1/4\ Section 8; Section 9; Section 10 except N\1/2\ NE\1/
4\, NW\1/4\ NW\1/4\; Section 11; Section 12 except E\1/2\ E\1/2\,
SW\1/4\ NE\1/4\; Sections 13-15; S\1/2\ Section 16; Section 17;
SW\1/4\, N\1/2\ NE\1/4\, W\1/2\ NW\1/4\ Section 18; Section 19;
Section 20 except W\1/2\ W\1/2\, SE\1/4\ SW\1/4\; Sections 21-25;
E\1/2\ Section 26; Sections 27-29; E\1/2\ Section 30; Section 31;
Section 32 except S\1/2\ SE\1/4\, NE\1/4\ SE\1/4\; Section 33 except
NW\1/4\ NW\1/4\, SW\1/4\ SW\1/4\; N\1/2\, SE\1/4\ Section 34;
Section 35; W\1/2\ Section 36.
T.03S., R.08W. Willamette Meridian: SW\1/4\, S\1/2\ SE\1/4\
Section 1; SW\1/4\ SE\1/4\ Section 2; Section 3; NW\1/4\, S\1/2\
SE\1/4\, W\1/2\ SW\1/4\, SE\1/4\ SW\1/4\ Section 4; Section 5 except
NW\1/4\, SW\1/4\ NE\1/4\; N\1/2\ NW\1/4\, SE\1/4\ Section 6; Section
7 except N\1/2\ NE\1/4\, SW\1/4\ NE\1/4\, E\1/2\ NW\1/4\; Section 8
except S\1/2\ SE\1/4\; Section 9; Section 10 except N\1/2\ NW\1/4\,
NW\1/4\ NE\1/4\; Section 11; Section 13; NE\1/4\, N\1/2\ NW\1/4\,
SE\1/4\ SW\1/4\ Section 14; Section 15 except SW\1/4\; W\1/2\ SW\1/
4\ Section 16; SW\1/4\ SE\1/4\, NW\1/4\ NW\1/4\ Section 17; Section
18 except S\1/2\ SE\1/4\; Section 19 except N\1/2\ NE\1/4\; NE\1/4\
Section 20; Section 21 except NW\1/4\, N\1/2\ NE\1/4\; Section 22
except SW\1/4\ NE\1/4\, SE\1/4\ NW\1/4\; Section 23; Section 24
except N\1/2\ NE\1/4\, SE\1/4\ NE\1/4\; Section 25 except NE\1/4\
SW\1/4\, SW\1/4\ NE\1/4\, NW\1/4\ SE\1/4\, SE\1/4\ NW\1/4\; N\1/2\
NE\1/4\, NW\1/4\ NW\1/4\, SE\1/4\ SE\1/4\; Section 26; Section 27
except NE\1/4\ SW\1/4\, SW\1/4\ NE\1/4\, NW\1/4\ SE\1/4\, SE\1/4\
NW\1/4\; S\1/2\ S\1/2\, NW\1/4\ NW\1/4\ Section 29; S\1/2\, W\1/2\
NW\1/4\ Section 31; Section 32 except SW\1/4\, SW\1/4\ NW\1/4\, W\1/
2\ SE\1/4\; Sections 33-34; S\1/2\ Section 35; W\1/2\ NE\1/4\
Section 36.
T.03S., R.09W. Willamette Meridian: Section 1 except S\1/2\
SE\1/4\, NE\1/4\ SE\1/4\, SW\1/4\ NW\1/4\; SE\1/4\ SE\1/4\ Section
2; SE\1/4\ SE\1/4\ Section 10; Section 11 except NW\1/4\; Section 12
except NE\1/4\ NE\1/4\; Section 13 except W\1/2\ NW\1/4\, E\1/2\
NE\1/4\; Section 14 except SW\1/4\; NE\1/4\ NE\1/4\ Section 15;
NE\1/4\ Section 23; E\1/2\ NW\1/4\, NE\1/4\ Section 24.
T.04S., R05W. Willamette Meridian: NW\1/4\ SE\1/4\ Section 19.
T.04S., R.06W. Willamette Meridian: Section 5 except E\1/2\ E\1/
2\, SW\1/4\ SE\1/4\; Sections 6-7; S\1/2\ SW\1/4\, W\1/2\ SE\1/4\
Section 18.
T.04S., R.07W. Willamette Meridian: Section 1 except NE\1/4\;
W\1/2\, N\1/2\ NE\1/4\ Section 2; Section 3 except NW\1/4\; E\1/2\
E\1/2\, NW\1/4\ NE\1/4\, NE\1/4\ NW\1/4\, SE\1/4\ SW\1/4\, SW\1/4\
SE\1/4\ Section 4; N\1/2\, E\1/2\ SE\1/4\, SW\1/4\ SW\1/4\ Section
5; Section 6 except NE\1/4\, W\1/2\ SE\1/4\; Section 7; SW\1/4\,
NE\1/4\ SE\1/4\ Section 8; Section 9; N\1/2\ Section 10; Section 11;
Section 12 except SE\1/4\ SW\1/4\; Section 13; Section 14 except
N\1/2\ NW\1/4\, S\1/2\ NE\1/4\, E\1/2\ SE\1/4\; Section 15 except
SW\1/4\ SW\1/4\; E\1/2\ E\1/2\, NW\1/4\ NE\1/4\ Section 16; Section
17 except N\1/2\ S\1/2\; Section 18 except NW\1/4\.
T.04S., R.08W. Willamette Meridian: SE\1/4\ NE\1/4\, SE\1/4\,
Section 1; NW\1/4\ NE\1/4\, N\1/2\ NW\1/4\, E\1/2\ SW\1/4\, SE\1/4\
Section 2; N\1/2\ N\1/2\, S\1/2\ S\1/2\ Section 3; Section 4 except
S\1/2\ SE\1/4\, NE\1/4\ SE\1/4\, SE\1/4\ SW\1/4\; Sections 5-8;
Section 9 except NW\1/4\ NE\1/4\, NE\1/4\ NW1/4; Section 10; Section
11 except SE\1/4\ NE\1/4\, NE\1/4\ SE\1/4\; Section 12 except NE\1/
4\ SE\1/4\, E\1/2\ NE\1/4\; Sections 13-14; Section 15 except N\1/2\
NE\1/4\; Section 16; Sections 17-25; Section 26 except W\1/2\ SW\1/
4\; Section 27 except E\1/2\ SE\1/4\; Section 28-35; N\1/2\ Section
36.
T.04S., R.09W. Willamette Meridian: SE\1/4\, SE\1/4\ NE\1/4\
Section 1; SE\1/4\, E\1/2\ SW\1/4\ Section 11; Section 12 except
NW\1/4\; Section 13; E\1/2\, E\1/2\ NW\1/4\ Section 14; SE\1/4\
SE\1/4\ Section 22; Section 23 except N\1/2\ NW\1/4\, SW\1/4\ NW\1/
4\; Sections 24-26; SE\1/4\, E\1/2\ NE\1/4\, SW\1/4\ NE\1/4\, SE\1/
4\ NW\1/4\ Section 27; NE\1/4\, SE\1/4\ SE\1/4\ Section 34; N\1/2\
N\1/2\, S\1/2\ S\1/2\, SW\1/4\ NW\1/4\, SE\1/4\ NE\1/4\, NE\1/4\
SE\1/4\ Section 35; Section 36.
T.05S., R.09W. Willamette Meridian: Sections 1-2; NE\1/4\ NE\1/
4\, SW\1/4\, SE\1/4\, SW\1/4\ NW\1/4\ Section 3; Section 4 except
N\1/2\ N\1/2\, SW\1/4\ NW\1/4\, W\1/2\ SW\1/4\; W\1/2\, NE\1/4\
NW\1/4\ Section 9; Section 10-15; Section 16 except W\1/2\ W\1/2\,
NE\1/4\ NW\1/4\; Section 21 except W\1/2\ W\1/2\, SE\1/4\ SW\1/4\
\1/4\; Section 22; Section 23 except SE\1/4\, SW\1/4\ NW\1/4\;
Section 24 except SW\1/4\; NE\1/4\ NE\1/4\ Section 25; Section 26
except E\1/2\ E\1/2\; Section 27 except E\1/2\ NE\1/4\, SW\1/4\,
NW\1/4\ NW\1/4\; Section 31 except N\1/2\ NW\1/4\; Section 32;
Section 33 except E\1/2\ E\1/2\; Section 34 except W\1/2\; Section
35.
T.06S., R.09W. Willamette Meridian: N\1/2\ SW\1/4\, NW\1/4\
NE\1/4\, NW\1/4\ Section 2; N\1/2\, N\1/2\ SW\1/4\, SW\1/4\ SW\1/4\
Section 3; Section 4 except SE\1/4\ SE\1/4\, SW\1/4\ NW\1/4\, W\1/2\
SW\1/4\; N\1/2\ Section 5; N\1/2\ N\1/2\ Section 6; NE\1/4\, E\1/2\
NW\1/4\ Section 9.
Critical Habitat includes only State lands described within the
following areas:
T.03S., R.07W. Willamette Meridian: N\1/2\ Section 16.
[GRAPHIC] [TIFF OMITTED] TR24MY96.048
Map and description of OR-02-f taken from United States Fish and
Wildlife Service 1:100,000 map; Yamhill River, Oregon; 1995.
Critical Habitat includes only State lands described within the
following areas:
[[Page 26299]]
T.06S., R.09W. Willamette Meridian: E\1/2\ SE\1/4\ Section 11;
N\1/2\ SW\1/4\, SW\1/4\ SW\1/4\ Section 12; NW\1/4\ NW\1/4\ Section
13; N\1/2\ NE\1/4\, NW\1/4\ Section 14; S\1/2\ NE\1/4\, S\1/2\ NW\1/
4\, N\1/2\ SW\1/4\, NE\1/4\ NE\1/4\, SW\1/4\ SW\1/4\ Section 15;
S\1/2\ SW\1/4\, SE\1/4\, NE\1/4\ SW\1/4\ Section 16; E\1/2\ NE\1/4\,
SW\1/4\ NE\1/4\, SE\1/4\, SE\1/4\ SW\1/4\ Section 20; W\1/2\ NW\1/
4\, NE\1/4\ NW\1/4\ Section 21; W\1/2\ NE\1/4\, E\1/2\ NW\1/4\
Section 29.
[GRAPHIC] [TIFF OMITTED] TR24MY96.049
Map and description of OR-03-a taken from United States Fish and
Wildlife Service 1:100,000 map; Corvallis, Oregon; 1995.
Critical Habitat includes only Federal lands designated as Late
Successional Reserves described within the following areas:
T.09S., R.09W. Willamette Meridian: SE\1/4\ SE\1/4\ Section 33;
SW\1/4\ SW\1/4\ Section 34.
T.10S., R.10W. Willamette Meridian: NW\1/4\ SE\1/4\ Section 2.
Critical Habitat includes only State lands described within the
following areas:
T.09S., R.09W. Willamette Meridian: E\1/2\ SW\1/4\, W\1/2\ SE\1/
4\, NE\1/4\ SE\1/4\ Section 34.
T.10S., R.09W. Willamette Meridian: NW\1/4\, W\1/2\ NE\1/4\
Section 16; N\1/2\ NE\1/4\, NE\1/4\ NW\1/4\ Section 17.
Critical Habitat includes only County lands described within the
following areas:
T.10S., R.10W. Willamette Meridian:SW\1/4\ SE\1/4\ Section 2.
Critical Habitat includes only Private lands described within
the following areas:
T.09S., R.09W. Willamette Meridian: S\1/2\ SE\1/4\, NE\1/4\
SE\1/4\ Section 23; W\1/2\ NW\1/4\, NW\1/4\ SW\1/4\ Section 25;
NE\1/4\ Section 26; W\1/2\ SW\1/4\ Section 34.
T.10S., R.09W. Willamette Meridian: SW\1/4\ Section 15.
T.10S., R.10W. Willamette Meridian: SE\1/4\ Section 14.
[GRAPHIC] [TIFF OMITTED] TR24MY96.050
Map and description of OR-03-b taken from United States Fish and
Wildlife Service 1:100,000 map; Corvallis, Oregon; 1995.
Critical Habitat includes only State lands described within the
following areas:
T.10S., R.06W. Willamette Meridian: W\1/2\ SW\1/4\ Section 30.
T.10S., R.07W. Willamette Meridian: S\1/2\ Section 25; N\1/2\
Section 36.
T.11S., R.07W. Willamette Meridian: S\1/2\ N\1/2\, SE\1/4\
Section 16; N\1/2\ Section 21; S\1/2\, NW\1/4\ Section 29; Section
31; Section 32 except E\1/2\ SE\1/4\, NE\1/4\ SE\1/4\.
T.11S., R.08W. Willamette Meridian: W\1/2\ SW\1/4\ Section 14;
Section 15 except N\1/2\ NE\1/4\; Section 16 except S\1/2\ SW\1/4\;
SW\1/4\, W\1/2\ SE\1/4\ Section 17; S\1/2\ SE\1/4\, E\1/2\ SW\1/4\
Section 18; Sections 19-21; W\1/2\, S\1/2\ SE\1/4\, NE\1/4\ SE\1/4\,
NE\1/4\ NE\1/4\ Section 22; SW\1/4\, NW\1/4\ NW\1/4\ Section 23;
SW\1/4\, NW\1/4\ SE\1/4\, S\1/2\ N\1/2\ Section 26; Section 27
except SW\1/4\, NE\1/4\ NE\1/4\; N\1/2\ NW\1/4\ Section 28; Sections
29-31; Section 32 except SE\1/4\; N\1/2\ NW\1/4\ Section 35.
T.11S., R.09W. Willamette Meridian: S\1/2\ Section 7; NW\1/4\
NW\1/4\ Section 17; SE\1/4\, S\1/2\ NE\1/4\, NE\1/4\ NE\1/4\, SE\1/
4\ NW\1/4\ Section 18; Section 23 except NW\1/4\; S\1/2\, NW\1/4\
NW\1/4\ Section 24; Section 25; Section 26 except S\1/2\ NW\1/4\,
N\1/2\ SW\1/4\; NE\1/4\ Section 27; E\1/2\ SE\1/4\, SE\1/4\ NE\1/4\
Section 34; Section 35.
T.12S., R.07W. Willamette Meridian: Section 5 except S\1/2\,
SW\1/4\ NW\1/4\.
T.12S., R.08W. Willamette Meridian: NW\1/4\ Section 5; E\1/2\
E\1/2\, SW\1/4\ NE\1/4\ Section 6.
T.12S., R.09W. Willamette Meridian S\1/2\ SW\1/4\, N\1/2\ NW\1/
4\, SE\1/4\ NW\1/4\, NW\1/4\ NE\1/4\ Section 1; E\1/2\, E\1/2\ NW\1/
4\ Section 2.
[GRAPHIC] [TIFF OMITTED] TR24MY96.051
Map and description of OR-03-c taken from United States Fish and
Wildlife Service 1:100,000 map; Corvallis, Oregon; 1995.
Critical Habitat includes only Federal lands designated as Late
Successional Reserves described within the following areas:
T.08S., R.06W. Willamette Meridian: SE\1/4\ NE\1/4\, NE\1/4\
NE\1/4\, SW\1/4\ NE\1/4\, S\1/2\ NW\1/4\, NW\1/4\ NW\1/4\, S\1/2\
SE\1/4\, SW\1/4\ Section 31; W\1/2\ NW\1/4\ Section 33.
T.08S., R.07W. Willamette Meridian: Section 31 except S\1/2\
SE\1/4\.
T.09S., R.06W. Willamette Meridian: N\1/2\ NE\1/4\, NW\1/4\
Section 5; NE\1/4\, NW\1/4\, N\1/2\ SE\1/4\ Section 7.
T.09S., R.07W. Willamette Meridian: Section 1 except NW\1/4\
NW\1/4\; Section 3 except NE\1/4\; Section 9 except SE\1/4\ SE\1/4\;
Section 11; Section 13; W\1/2\, W\1/2\ NE\1/4\, NW\1/4\ SE\1/4\
Section 15; SE\1/4\, E\1/2\ SW\1/4\ Section 17; NW\1/4\, NW\1/4\
SW\1/4\ Section 21; E\1/2\ NE\1/4\, NE\1/4\ SE\1/4\ Section 23;
Section 29 except SE\1/4\; Section 31; S\1/2\, SE\1/4\ NW\1/4\
Section 33; W\1/2\ W\1/2\, NE\1/4\ NE\1/4\ Section 35.
T.09S., R.08W. Willamette Meridian: N\1/2\ NW\1/4\, SW\1/4\
NW\1/4\, W\1/2\ SW\1/4\ Section 11; Section 27 except N\1/2\ NE\1/
4\; Section 35.
T.10S., R.05W. Willamette Meridian: SW\1/4\ NE\1/4\, W\1/2\
SE\1/4\, SW\1/4\, SE\1/4\ NW\1/4\ Section 29.
T.10S., R.07W. Willamette Meridian: N\1/2\ Section 1; W\1/2\
NW\1/4\ Section 4; N\1/2\ Section 5.
Critical Habitat includes only State lands described within the
following areas:
T.08S., R.07W. Willamette Meridian: SE\1/4\ Section 11; SE\1/4\
\1/4\ Section 12; N\1/2\, N\1/2\ SE\1/4\ Section 13; E\1/2\, SW\1/4\
Section 14.
T.09S., R.08W. Willamette Meridian: Section 28 except N\1/2\
N\1/2\; S\1/2\, NW\1/4\, S\1/2\ NE\1/4\ Section 29; SE\1/4\ Section
32; NE\1/4\ Section 33; Section 34 except NW\1/4\; Section 36 except
N\1/2\ N\1/2\.
T.10S., R.07W. Willamette Meridian: Section 6; N\1/2\ N\1/2\
Section 7; NW\1/4\, SW\1/4\, SE\1/4\ SE\1/4\, NW\1/4\ NE\1/4\
Section 18; Section 19 except W\1/2\ SW\1/4\.
T.10S., R.08W. Willamette Meridian: Section 1 except SE\1/4\;
Section 2; NE\1/4\, NW\1/4\, NW\1/4\ SW1\1/4\, SW\1/4\ SW\1/4\,
NE\1/4\ SE\1/4\, NW\1/4\ SE\1/4\ Section 3; Section 4 except SW\1/4\
SE\1/4\, SE\1/4\ SW\1/4\; Section 5; E\1/2\
[[Page 26300]]
Section 6; NE\1/4\ Section 7; NE\1/4\, E\1/2\ NW\1/4\, NW\1/4\ NW\1/
4\ Section 8; NW\1/4\, NE\1/4\ NE\1/4\ Section 9; NW\1/4\, NE\1/4\
Section 10; N\1/2\ N\1/2\ Section 11; Section 12; Section 13 except
S\1/2\ SW\1/4\, SW\1/4\ SE\1/4\; Section 19; E\1/2\ NE\1/4\, N\1/2\
SE\1/4\ Section 24.
Critical Habitat includes only Private lands described within the
following areas:
T.09S., R.08W. Willamette Meridian: S\1/2\ SW\1/4\ Section 29.
[GRAPHIC] [TIFF OMITTED] TR24MY96.052
Map and description of OR-04-a taken from United States Fish and
Wildlife Service 1:100,000 map; Corvallis, Waldport and Eugene, Oregon;
1995.
Critical Habitat includes only Federal lands designated as Late
Successional Reserves described within the following areas:
T.11S., R.10W. Willamette Meridian: SE\1/4\ SE\1/4\ Section 35.
T.12S., R.09W. Willamette Meridian: N\1/2\ N\1/2\ Section 6;
Section 7 except NW\1/4\ NE\1/4\; Section 8 except NE\1/4\ NW\1/4\,
W\1/2\ NE\1/4\, NE\1/4\ NE\1/4\; SE\1/4\ SE\1/4\ Section 14; S\1/2\
NW\1/4\, SW\1/4\, W\1/2\ SE\1/4\ Section 15; S\1/2\, S\1/2\ N\1/2\
Section 16; Sections 17-18; Section 19 except W\1/2\ W\1/2\, NE\1/4\
NE\1/4\, SE\1/4\ SW\1/4\; Section 20 except SE\1/4\ NW\1/4\, S\1/2\
NE\1/4\; Section 21; Section 22 except NE\1/4\ NE\1/4\; Section 23
except NW\1/4\ NW\1/4\; Section 26 except NE\1/4\ NE\1/4\, SE\1/4\
SE\1/4\; Sections 27-28; N\1/2\ NW\1/4\, NW\1/4\ NE\1/4\ Section 29;
W\1/2\ Section 33.
T.12S., R.10W. Willamette Meridian: Sections 1-2; Section 3
except E\1/2\ NW\1/4\, S\1/2\ NE\1/4\; Section 4; S\1/2\, E\1/2\
NE\1/4\, SW\1/4\ NW\1/4\ Section 5; SE\1/4\ SE\1/4\ Section 6;
Sections 7-8; N\1/2\, N\1/2\ SE\1/4\ Section 9; N1\1/2\ Section 10;
Section 11 except SW\1/4\ SW\1/4\; Section 12; W\1/2\ NE\1/4\, E\1/
2\ NW\1/4\, NE\1/4\ NE\1/4\ Section 13; Sections 16-17; Section 18;
Sections 19-21; Section 25 except S\1/2\ S\1/2\, N\1/2\ NW\1/4\;
S\1/2\ SE\1/4\ Section 26; Section 28; Section 29 except SW\1/4\,
NW\1/4\ SE\1/4\; Section 30 except S\1/2\ S\1/2\; E\1/2\ SE\1/4\
Section 31; Section 32 except W\1/2\ NW\1/4\; Section 33 except
SW\1/4\ SE\1/4\; N\1/2\ SE\1/4\, NE\1/4\ Section 35.
T.12S., R.11W. Willamette Meridian: S\1/2\ NW\1/4\, S\1/2\ SW\1/
4\, NE\1/4\ SW\1/4\, W\1/2\ SE\1/4\, SW\1/4\ NE\1/4\ Section 9;
SE\1/4\, S\1/2\ SW\1/4\, SW\1/4\ SW\1/4\ Section 11; S\1/2\ Section
12; Section 13 except S\1/2\ S\1/2\; Section 14 except N\1/2\ SW\1/
4\, N\1/2\ SE\1/4\, SE\1/4\ SE\1/4\; NE\1/4\ Section 22; Sections
23-24; Section 25 except W\1/2\ SW\1/4\, SW\1/4\ NW\1/4\; Section 26
except SE\1/4\ NE\1/4\; E\1/2\ Section 27; Section 35; Section 36
except E\1/2\ SE\1/4\, SE\1/4\ NE\1/4\.
T.13S., R.09W. Willamette Meridian: Section 2 except SE\1/4\;
NE\1/4\ Section 4; SW\1/4\ Section 5; Section 6-7; W\1/2\ Section 8;
Sections 18-19; N\1/2\ SW\1/4\, E\1/2\ SE\1/4\, NW\1/4\ SE\1/4\
Section 20; SW\1/4\ SW\1/4\ Section 21; Section 28 except N\1/2\
NE\1/4\, NE\1/4\ NW\1/4\; Section 29 except NW\1/4\ SW\1/4\; Section
30; Section 31 except N\1/2\ SW\1/4\, S\1/2\ NW\1/4\; Section 32-33;
W\1/2\ W\1/2\, E\1/2\ SW\1/4\, SE\1/4\ Section 34; SW\1/4\ SE\1/4\,
SE\1/4\ SW\1/4\ Section 35.
T.13S., R.10W. Willamette Meridian: Section 1; Section 2; E\1/2\
E\1/2\ Section 3; S\1/2\ SW\1/4\, SW\1/4\ NE\1/4\, W\1/2\ SE\1/4\
Section 7; E\1/2\ SE\1/4\ Section 9; Section 10 except SW\1/4\ NW\1/
4\; Sections 11-15; Section 16 except N\1/2\ NW\1/4\; Section 17
except N\1/2\, NW\1
FR Doc. 96-12647 Endangered and Threatened Wildlife and Plants; Final Designation of Critical Habitat for the Marbled Murrelet
/4\ SW\1/4\; Section 18; Sections 19-25; Section
26 except SW\1/4\ SW\1/4\, SE\1/4\ SE\1/4\; N\1/2\ NE\1/4\, SE\1/4\
NE\1/4\, Section 27; SE\1/4\ SW\1/4\, NW\1/4\ Section 28; Section
29; N\1/2\, N\1/2\ SE\1/4\, NE\1/4\ SW\1/4\, SW\1/4\ SW\1/4\ Section
30; S\1/2\, E\1/2\ NE\1/4\ Section 31; E\1/2\ SE\1/4\, S\1/2\ SW\1/
4\, NW\1/4\ SW\1/4\, NW\1/4\, NW\1/4\ NE\1/4\ Section 32; W\1/2\
Section 33; E\1/2\ SE\1/4\, NE\1/4\ SE\1/4\, NE\1/4\ NE\1/4\ Section
34; Section 35 except SE\1/4\ NE\1/4\, NE\1/4\ NW\1/4\.
T.13S., R.11W. Willamette Meridian: Section 1 except SE\1/4\
SE\1/4\; Section 2; Section 11 except W\1/2\ SW\1/4\, SE\1/4\ SW\1/
4\; NW\1/4\, W\1/2\ NE\1/4\, W\1/2\ SW\1/4\, SE\1/4\ SE\1/4\ Section
12; Section 13 except W\1/2\ W\1/2\, NE\1/4\ NW\1/4\, S\1/2\ SE\1/
4\; N\1/2\ N\1/2\, SW\1/4\ NW\1/4\, S\1/2\ SW\1/4\, SW\1/4\ SE\1/4\,
SE\1/4\ SW\1/4\ Section 14; Section 15 except N\1/2\ NW\1/4\, SW\1/
4\ NW\1/4\, NW\1/4\ SW\1/4\; NE\1/4\ NW\1/4\, N\1/2\ NE\1/4\ Section
22; NW\1/4\, SW\1/4\ NE\1/4\ Section 23; S\1/2\ NE\1/4\, S\1/2\,
NW\1/4\ NW\1/4\ Section 24; Section 25 except S\1/2\ N\1/2\, N\1/2\
SE\1/4\; S\1/2\ SW\1/4\, NW\1/4\ SW\1/4\, SE\1/4\ Section 26; E\1/
2\, E\1/2\ W\1/2\ Section 34; Section 35; Section 36 except SE\1/4\,
E\1/2\ NE\1/4\.
T.14S., R.09W. Willamette Meridian: Section 2 except NE\1/4\
NE\1/4\, S\1/2\ S\1/2\; Section 3 except S\1/2\ S\1/2\, N\1/2\ SW\1/
4\; Section 4 except S\1/2\ S\1/2\, N\1/2\ SE\1/4\; Section 5 except
S\1/2\ SE\1/4\, N\1/2\ SW\1/4\, SE\1/4\ SW\1/4\, NW\1/4\ SE\1/4\;
E\1/2\, S\1/2\ SW\1/4\ Section 6; Section 7 except S\1/2\ SW\1/4\,
NW\1/4\ SE\1/4\, NE\1/4\ SW\1/4\; N\1/2\ NW\1/4\, SE\1/4\, S\1/2\
SW\1/4\, SE\1/4\ NE\1/4\ Section 8; Section 9 except NW\1/4\ NW\1/
4\; Section 10 except N\1/2\ NE\1/4\; Section 11 except N\1/2\ NW\1/
4\, NE\1/4\, N\1/2\ SE\1/4\, SW\1/4\ SE\1/4\; S\1/2\ S\1/2\ Section
12; SW\1/4\, S\1/2\ SE\1/4\, N\1/2\ NW\1/4\, NW\1/4\ NE\1/4\ Section
13; Sections 14 except NW\1/4\ NE\1/4\, SE\1/4\ NW\1/4\, N\1/2\
SW\1/4\, SE\1/4\ SW\1/4\; Sections 15-16; S\1/2\ NE\1/4\, N\1/2\
SW\1/4\, SE\1/4\ NW\1/4\, SW\1/4\ SW\1/4\ Section 18; N\1/2\ NW\1/
4\, NE\1/4\, SW\1/4\ NW\1/4\, NE\1/4\ SE\1/4\, SE\1/4\ SW\1/4\
Section 19; S\1/2\ NW\1/4\, NW\1/4\ SW\1/4\ Section 20; N\1/2\ NE\1/
4\, NE\1/4\ NW\1/4\ Section 21; NW\1/4\ NW\1/4\ Section 22; E\1/2\,
E\1/2\ NW\1/4\ Section 23; W\1/2\ W\1/2\ Section 24; W\1/2\, W\1/2\
E\1/2\ Section 25; E\1/2\ Section 26; S\1/2\ NW\1/4\, NW\1/4\ NW\1/
4\ Section 36.
T.14S., R.10W. Willamette Meridian: Section 1 except N\1/2\
SE\1/4\, E\1/2\ NE\1/4\; Section 2; Section 3 except SW\1/4\;
Section 4; Section 5 except W\1/2\ NE\1/4\, SE\1/4\ NW\1/4\; Section
6; N\1/2\ Section 7; Section 8 except SW\1/4\; Section 9 except S\1/
2\ SW\1/4\; Sections 10-13; Section 14; Section 15; N\1/2\, N\1/2\
SE\1/4\, SE\1/4\ SE\1/4\, NE\1/4\ SW\1/4\ Section 16; Section 17
except N\1/2\ NW\1/4\; N\1/2\ Section 20; E\1/2\, E\1/2\ NW\1/4\,
NW\1/4\ SW\1/4\ Section 23; Section 24 except E\1/2\ NE\1/4\, NE\1/
4\ SE\1/4\; NW\1/4\ Section 25.
T.14S., R.11W. Willamette Meridian: Sections 1-2; SE\1/4\ NW\1/
4\, SW\1/4\ SE\1/4\; Section 3; N\1/2\ NE\1/4\, NE\1/4\ NW\1/4\,
W\1/2\ NW\1/4\ Section 4; S\1/2\ NW\1/4\, NW\1/4\ NW\1/4\, SW\1/4\
SE\1/4\, NE\1/4\, S\1/2\ SW\1/4\ Section 5; NE\1/4\, SE\1/4\ NW\1/4\
Section 6; Section 7; Section 8 except NE\1/4\ NE\1/4\; S\1/2\ SE\1/
4\, NE\1/4\ SE\1/4\, SW\1/4\ NW\1/4\, W\1/2\ SW\1/4\ Section 9;
Section 10 except W\1/2\ W\1/2\, NE\1/4\ NW\1/4\, NE\1/4\ SW\1/4\,
NE\1/4\ NE\1/4\; Section 11; W\1/2\, NW\1/4\ NE\1/4\ Section 12;
W\1/2\ W\1/2\, NE\1/4\ NW\1/4\ Section 13; Section 14; Section 15
except NE\1/4\ SE\1/4\; Section 16 except NW\1/4\ NW\1/4\; Section
17 except SE\1/4\ NE\1/4\; Sections 18-21; Section 22 except S\1/2\
N\1/2\, N\1/2\ SW\1/4\, N\1/2\ NE\1/4\; Section 23; Section 24
except NE\1/4\; Section 25 except W\1/2\ NW\1/4\; Section 26 except
NE\1/4\ NE\1/4\, S\1/2\ SE\1/4\, NE\1/4\ SW\1/4\; Sections 27-30;
N\1/2\, NE\1/4\ SW\1/4\ Section 31; NW\1/4\, N\1/2\ NE\1/4\, N\1/2\
SW\1/4\ Section 32; N\1/2\ Section 33; N\1/2\ N\1/2\, SW\1/4\ NW\1/
4\ Section 34; N\1/2\ NW\1/4\ Section 35.
T.14S., R.12W. Willamette Meridian: S\1/2\ SE\1/4\, SE\1/4\
SW\1/4\ Section 1; Section 12 except W\1/2\ W\1/2\; Section 13
except NW\1/4\ NW\1/4\; E\1/2\ SE\1/4\, SE\1/4\ NE\1/4\ Section 14;
SE\1/4\, E\1/2\ NE\1/4\, W\1/2\ SW\1/4\ Section 23; Sections 24-25.
Description of Lands Using Protracted Public Land Survey Lines
Critical Habitat includes only Federal lands designated as Late
Successional Reserves described within the following areas:
T.14S., R.09W. Willamette Meridian: E\1/2\ NW\1/4\, W\1/2\ NE\1/
4\ Section 8.
[GRAPHIC] [TIFF OMITTED] TR24MY96.053
Map and description of OR-04-b taken from United States Fish and
Wildlife Service 1:100,000 map; Waldport, Eugene, Oregon; 1995.
Critical Habitat includes only Federal lands designated as Late
Successional Reserves described within the following areas:
[[Page 26301]]
T.14S., R.09W. Willamette Meridian: SE\1/4\, S\1/2\ SW\1/4\,
NW\1/4\ SW\1/4\, SW\1/4\ NW\1/4\ Section 28; Section 29 except N\1/
2\ NE\1/4\; S\1/2\, S\1/2\ N\1/2\ Section 30; Section 31; Section
32; Section 33 except SE\1/4\ NE\1/4\, NE\1/4\ SW\1/4\; Section 34
except W\1/2\ NW\1/4\, W\1/2\ NE\1/4\; S\1/2\ S\1/2\, SW\1/4\ NW\1/
4\, E\1/2\ NW\1/4\, N\1/2\ SW\1/4\ Section 35.
T.14S., R.10W. Willamette Meridian: SE\1/4\ NE\1/4\, E\1/2\
SE\1/4\ Section 25; Section 29 except NE\1/4\ NE\1/4\; Sections 30-
32.
T.14S., R.11W. Willamette Meridian: SE\1/4\, S\1/2\ SW\1/4\
Section 35; Section 36 except NW\1/4\, N\1/2\ NE\1/4\.
T.15S., R.09W. Willamette Meridian: W\1/2\ W\1/2\ Section 1;
Sections 2-5; Section 6 except S\1/2\ SW\1/4\, SW\1/4\ SE\1/4\; E\1/
2\ NE\1/4\, SW\1/4\ NE\1/4\, SW\1/4\, W\1/2\ SE\1/4\, W\1/2\ NW\1/4\
Section 7; N\1/2\ NW\1/4\, NW\1/4\ NE\1/4\, E\1/2\ SE\1/4\, SW\1/4\
SE\1/4\, SE\1/4\ SW\1/4\ Section 8; Section 9 except S\1/2\ SW\1/4\;
Section 10 except SE\1/4\; Section 11; N\1/2\ SW\1/4\, S\1/2\ NW\1/
4\, NW\1/4\ NW\1/4\ Section 12; E\1/2\, E\1/2\ SW\1/4\, SW\1/4\
SW\1/4\, NW\1/4\ NW\1/4\, SE\1/4\ NW\1/4\ Section 13; Section 14
except NE\1/4\ SE\1/4\; Section 15; E\1/2\ NE\1/4\, SW\1/4\ NE\1/4\,
S\1/2\ NW\1/4\, NW\1/4\ NW\1/4\, SE\1/4\, E\1/2\ SW\1/4\ Section 16;
E\1/2\ NE\1/4\, SW\1/4\ NE\1/4\, W\1/2\ SW\1/4\ Section 17; Section
18 except NE\1/4\ NE\1/4\; Section 19; SE\1/4\, NW\1/4\ NW\1/4\,
S\1/2\ NE\1/4\ Section 20; Section 21; Section 22 except E\1/2\
SW\1/4\; Sections 23-26; E\1/2\, E\1/2\ SW\1/4\, SW\1/4\ SW\1/4\,
SE\1/4\ NW\1/4\ Section 27; Section 28; E\1/2\, E\1/2\ NW\1/4\,
SE\1/4\ SW\1/4\ Section 29; N\1/2\ NW\1/4\, NW\1/4\ NE\1/4\ Section
30; Section 32 except W\1/2\ NW\1/4\, NW\1/4\ SW\1/4\; Sections 33-
36.
T.15S., R.10W. Willamette Meridian: Section 1 except N\1/2\
NW\1/4\, SE\1/4\ NW\1/4\, NW\1/4\ NE\1/4\, SE\1/4\; E\1/2\ SE\1/4\
Section 2; W\1/2\ SW\1/4\, SE\1/4\ SW\1/4\ Section 4; Sections 5-8;
W\1/2\, W\1/2\ SE\1/4\, SW\1/4\ NE\1/4\ Section 9; NE\1/4\ NE\1/4\
Section 11; NW\1/4\, E\1/2\ Section 12; E\1/2\ NE\1/4\, NW\1/4\
NE\1/4\, S\1/2\ SW\1/4\ Section 13; SW\1/4\, SW\1/4\ NW\1/4\, SE\1/
4\ SE\1/4\ Section 14; SW\1/4\ SW\1/4\, E\1/2\ SW\1/4\, E\1/2\ NW\1/
4\, E\1/2\ Section 15; S\1/2\ S\1/2\ Section 16; Sections 17-22;
E\1/2\, SE\1/4\ SW\1/4\, NW\1/4\ NW\1/4\ Section 23; Section 24
except NE\1/4\ NE\1/4\, SW\1/4\ SE\1/4\; SW\1/4\ Section 25; Section
26 except NE\1/4\; Sections 27-34; E\1/2\, N\1/2\ NW\1/4\, SE\1/4\
NW\1/4\, NE\1/4\ SW\1/4\ Section 35; NE\1/4\ NW\1/4\ Section 36.
T.15S., R.11W. Willamette Meridian: Section 1; N\1/2\ N\1/2\,
SE\1/4\ NE\1/4\, SW\1/4\ SW\1/4\, SE\1/4\ SE\1/4\ Section 2; E\1/2\
SE\1/4\, SW\1/4\ SE\1/4\, S\1/2\ SW\1/4\ Section 3; Section 4 except
N\1/2\ NW\1/4\; NW\1/4\ SW\1/4\, SW\1/4\ NW\1/4\ Section 5; SW\1/4\,
W\1/2\ NW\1/4\, SE\1/4\ NW\1/4\, S\1/2\ NE\1/4\, SE\1/4\ Section 6;
W\1/2\ Section 7; NE\1/4\, S\1/2\ NW\1/4\, NE\1/4\ SW\1/4\, N\1/2\
SE\1/4\, NE\1/4\ NW\1/4\ Section 8; Section 9 except SW\1/4\ SW\1/
4\, NW\1/4\ NE\1/4\, NE\1/4\ NW\1/4\; Section 10-11; Section 12
except SE\1/4\ SW\1/4\; Section 13 except N\1/2\ NW\1/4\, SE\1/4\
NW\1/4\; Section 14; Section 15 except SW\1/4\; NE\1/4\ NE\1/4\
Section 16; E\1/2\ SE\1/4\ Section 21; E\1/2\ E\1/2\, W\1/2\ SE\1/
4\, SW\1/4\ Section 22; Sections 23-27; Section 28 except N\1/2\
N\1/2\; S\1/2\, SE\1/4\ NE\1/4\ Section 29; S\1/2\, S\1/2\ NW\1/4\,
SW\1/4\ NE\1/4\ Section 30; Section 31 except N\1/2\ NW\1/4\, NW\1/
4\ NE\1/4\, SE\1/4\ NE\1/4\; Section 32 except S\1/2\ N\1/2\, NE\1/
4\ SE\1/4\; Section 33 except S\1/2\ SE\1/4\; Section 34 except S\1/
2\ S\1/2\, NE\1/4\ SE\1/4\, SE\1/4\ NE\1/4\; Section 35 except SW\1/
4\ NW\1/4\, NW\1/4\ NE\1/4\, NW\1/4\ SW\1/4\, S\1/2\ SW\1/4\;
Section 36.
T.15S., R.12W. Willamette Meridian: Section 1 except NW\1/4\;
Section 2; E\1/2\, E\1/2\ NW\1/4\ Section 3; N\1/2\ NE\1/4\, SE\1/4\
NE\1/4\, NE\1/4\ NW\1/4\ Section 10; Section 11 except SE\1/4\ SE\1/
4\; Section 12 except S\1/2\ S\1/2\; SE\1/4\ Section 22; Section 25
except NE\1/4\ NE\1/4\; S\1/2\, NE\1/4\, S\1/2\ NW\1/4\ Section 26;
E\1/2\ E\1/2\ Section 27; E\1/2\ Section 34; Section 35; Section 36
except N\1/2\ N\1/2\.
T.16S., R.09W. Willamette Meridian: Section 1 except N\1/2\ S\1/
2\, SE\1/4\ SE\1/4\; Section 2 except E\1/2\ SE\1/4\; Sections 3-5;
Section 6 except N\1/2\ N\1/2\, SW\1/4\ NE\1/4\; Section 7 except
E\1/2\ NE\1/4\; Sections 8-15; Section 16 except SE\1/4\; Section
17; Section 18 except SW\1/4\ SW\1/4\; Section 19; NW\1/4\ NW\1/4\,
NW\1/4\ SW\1/4\, N\1/2\ NE\1/4\ Section 20; Section 21 except SW\1/
4\ SW\1/4\; Sections 22-24; N\1/2\ NW\1/4\, NW\1/4\ SW\1/4\, W\1/2\
NE\1/4\, SW\1/4\ NW\1/4\ Section 25; Section 26 except S\1/2\ SE\1/
4\; Sections 27-28; Section 29 except N\1/2\ NW\1/4\, NW\1/4\ NE\1/
4\; Section 30; W\1/2\ Section 31; Sections 32-34; Section 35 except
NE\1/4\, S\1/2\ SW\1/4\, E\1/2\ NW\1/4\.
T.16S., R.10W. Willamette Meridian: SE\1/4\, S\1/2\ NE\1/4\
Section 1; SW\1/4\ SE\1/4\, SW\1/4\ Section 2; Section 3 except E\1/
2\ NE\1/4\, NE\1/4\ SE\1/4\, NW\1/4\ SW\1/4\; SW\1/4\, NW\1/4\ NW\1/
4\, S\1/2\ SE\1/4\, NE\1/4\ NE\1/4\ Section 4; Section 5 except
SE\1/4\ NE\1/4\; Sections 6-9; Section 10 except SE\1/4\ NE\1/4\,
SW\1/4\ SW\1/4\; N\1/2\, NW\1/4\ SE\1/4\, NE\1/4\ SE\1/4\, SW\1/4\
SW\1/4\ Section 11; Section 12 except SW\1/4\ NE\1/4\, NW\1/4\;
Section 13 except S\1/2\ SE\1/4\, SE\1/4\ SW\1/4\; Section 14;
Section 15 except W\1/2\ W\1/2\, SE\1/4\ SW\1/4\, NE\1/4\ NW\1/4\;
Section 16 except N\1/2\ NE\1/4\, S\1/2\ SE\1/4\; Section 17-21;
Section 22 except W\1/2\ E\1/2\, NE\1/4\ NE\1/4\; Section 23;
Section 24 except NW\1/4\ NE\1/4\, E\1/2\ NW\1/4\, NE\1/4\ SW\1/4\;
N\1/2\ NW\1/4\, NE\1/4\ NE\1/4\, E\1/2\ SE\1/4\, W\1/2\ SW\1/4\
Section 25; Section 26 except S\1/2\ SW\1/4\, NW\1/4\ SW\1/4\;
Section 27 except S\1/2\ NE\1/4\, E\1/2\ SE\1/4\, NW\1/4\ SE\1/4\;
Section 28; Section 29 except SW\1/4\ SE\1/4\, SE\1/4\ SW\1/4\;
Section 30 except NW\1/4\ SE\1/4\, NE\1/4\ SW\1/4\; Section 31;
Section 32 except N\1/2\ N\1/2\; Section 33 except W\1/2\ NW\1/4\,
SE\1/4\ NW\1/4\, E\1/2\ NE\1/4\, SW\1/4\ NE\1/4\; NW\1/4\ NE\1/4\,
NW\1/4\, W\1/2\ SW\1/4\ Section 34; NE1/4 Section 35.
T.16S., R.11W. Willamette Meridian: E\1/2\, E\1/2\ NW\1/4\
Section 1; Section 2 except SW\1/4\ NW\1/4\; W\1/2\ Section 3;
Section 4-6; N\1/2\ N\1/2\, S\1/2\ NE\1/4\ Section 8; N\1/2\ Section
9; Section 10 except SE\1/4\ SE\1/4\; Section 11 except S\1/2\ SW\1/
4\, SW\1/4\ SE\1/4\; Section 12 except NE\1/4\ NW\1/4\; Section 13;
Section 14 except N\1/2\ NW\1/4\; S\1/2\ NE\1/4\, SE\1/4\ Section
15; Section 19 except N\1/2\ N\1/2\, SE\1/4\ NE\1/4\, NE\1/4\ SE\1/
4\; S\1/2\ SW\1/4\, NE\1/4\ SE\1/4\, W\1/2\ SE\1/4\ Section 20; S\1/
2\ SE\1/4\, SW\1/4\ Section 21; Section 22 except NW\1/4\ NW\1/4\;
Sections 23-27; Section 28 except NW\1/4\ NW\1/4\; Section 29 except
NE\1/4\ NE\1/4\; Sections 30-36.
T.16S., R.12W. Willamette Meridian: Sections 1 except S\1/2\
S\1/2\; Section 2; E\1/2\ Section 3; NE\1/4\, N\1/2\ SE\1/4\, SW\1/
4\ SE\1/4\, E\1/2\ SW\1/4\ Section 10; N\1/2\ Section 11; S\1/2\
S\1/2\ Section 14; W\1/2\, SE\1/4\ SE\1/4\ Section 15; N\1/2\ NE\1/
4\ Section 22; Section 23 except N\1/2\ NE\1/4\; Sections 24-26;
Sections 35-36.
T.17S., R.08W. Willamette Meridian: N\1/2\ SE\1/4\ Section 18.
T.17S., R.09W. Willamette Meridian: Section 1 except E\1/2\
SE\1/4\, SW\1/4\ SE\1/4\; Section 2 except E\1/2\ W\1/2\, S\1/2\
NE\1/4\; Section 3 except S\1/2\ SE\1/4\, NE\1/4\ SE\1/4\, SE\1/4\
NE\1/4\; Section 4 except S\1/2\ SW\1/4\, SW\1/4\ SE\1/4\; Section
5; Section 6 except NW\1/4\; Section 7; Section 8; W\1/2\ Section 9;
N\1/2\ NW\1/4\, NW\1/4\ NE\1/4\ Section 10; W\1/2\ NE\1/4\, E\1/2\
NW\1/4\, NE\1/4\ NE\1/4\, S\1/2\ SW\1/4\ Section 11; SE\1/4\ SE\1/4\
Section 14; W\1/2\ W\1/2\ Section 16; Section 17 except W\1/2\ SE\1/
4\, SE\1/4\ SW\1/4\; Sections 18-19; Section 20 except E\1/2\ E\1/
2\, NW\1/4\ NE\1/4\; NW\1/4\ NW\1/4\ Section 21; S\1/2\ SW\1/4\
Section 25; S\1/2\ SE\1/4\ Section 26; W\1/2\ NW\1/4\ Section 28;
N\1/2\ Section 29; N\1/2\ N\1/2\, W\1/2\ SW\1/4\, SW\1/4\ NW\1/4\,
SE\1/4\ SW\1/4\ Section 30; Section 31 except S\1/2\ NE\1/4\, NE\1/
4\ SE\1/4\; E\1/2\ NE\1/4\, NW\1/4\ NE\1/4\, S\1/2\ SE\1/4\, SW\1/4\
NW\1/4\ Section 32; S\1/2\ SE\1/4\ Section 33; S\1/2\ S\1/2\, N\1/2\
SE\1/4\ Section 34; S\1/2\ SE\1/4\, SE\1/4\ SW\1/4\ Section 35.
T.17S., R.10W. Willamette Meridian: SE\1/4\ SE\1/4\ Section 1;
Section 3 except E\1/2\, NE\1/4\ NW\1/4\; Section 4; Section 5
except SW\1/4\ NW\1/4\; Section 6 except S\1/2\ NE\1/4\, NW\1/4\
SE\1/4\; Section 7-9; N\1/2\, NW\1/4\ SE\1/4\, W\1/2\ SW\1/4\
Section 10; SW\1/4\ NW\1/4\ Section 11; E\1/2\ E\1/2\, NE\1/4\ NW\1/
4\, NW\1/4\ NE\1/4\, SW\1/4\ SE\1/4\, S\1/2\ SW\1/4\ Section 12;
Section 13; S\1/2\, SE\1/4\ NE\1/4\, SW\1/4\ NW\1/4\ Section 14;
SE\1/4\, NW\1/4\ NW\1/4\, SE\1/4\ NE\1/4\ Section 15; Section 16
except W\1/2\ NE\1/4\, NE\1/4\ SE\1/4\; Sections 17-18; Section 19
except SW\1/4\ NW\1/4\, SW\1/4\ SE\1/4\, S\1/2\ SW\1/4\; Section 20-
21; Section 22 except N\1/2\ NW\1/4\; Section 23 except N\1/2\ SW\1/
4\, S\1/2\ SE\1/4\; NW\1/4\, N\1/2\ NE\1/4\, N\1/2\ SW\1/4\ Section
24; Section 25 except N\1/2\ NE\1/4\; Section 26; Section 27 except
SW\1/4\ SW\1/4\, SW\1/4\ NW\1/4\, NE\1/4\ NW\1/4\; Section 28 except
SE\1/4\ SE\1/4\; Section 29 except S\1/2\ SW\1/4\; Sections 30-31;
Section 32 except N\1/2\ NW\1/4\, NE\1/4\ NW\1/4\ ; Section 33
except NE\1/4\ NE\1/4\; NE\1/4\, SW\1/4\, SW\1/4\ NW\1/4\, SW\1/4\
SE\1/4\, NE\1/4\ SE\1/4\, NE\1/4\ NW\1/4\ Section 34; Section 35
except SW\1/4\ SW\1/4\, SW\1/4\ SE\1/4\.
T.17S., R.11W. Willamette Meridian: Section 1 except SE\1/4\
SW\1/4\, S\1/2\ SE\1/4\; Section 2; S\1/2\, E\1/2\ NE\1/4\, NW\1/4\
NW\1/4\, S\1/2\ NW\1/4\ Section 3; Sections 4-5; Section 6 except
S\1/2\ SE\1/4\; S\1/2\ NE\1/4\, S\1/2\, NE\1/4\ NW\1/4\, S\1/2\
NW\1/4\ Section 7; Sections 8-9; NW\1/4\, NW\1/4\ SW\1/4\ Section
10; Section 11 except SE\1/4\ NW\1/4\, W\1/2\ NW\1/4\, SW\1/4\;
Section 12; SE\1/4\ NE\1/4\, N\1/2\ N\1/2\ Section 13; NE\1/4\ NE\1/
4\, SW\1/4\ SE\1/4\, E\1/2\ SW\1/4\ Section 14; Section 16 except
E\1/2\ E\1/2\; W\1/2\, S\1/2\ SE\1/4\, NW\1/4\ SE\1/4\ Section 17;
Section 18; Section 19 except NW\1/4\ NW\1/4\, SW\1/4\ SW\1/4\;
Section 20; W\1/2\, SW\1/4\ NE\1/4\, NW\1/4\ SE\1/4\ Section 21;
E\1/2\ NE\1/4\ Section 22; NW\1/4\, W\1/2\ NE\1/4\, N\1/2\ S\1/2\
Section 23; SE\1/4\ SE\1/4\ Section 24; Section 25 except N\1/2\
NW\1/4\; E\1/2\ SE\1/4\ Section 26; W\1/2\ Section 28; Section 29;
S\1/2\ NW\1/4\, NE\1/4\, N\1/2\ SE\1/4\, E\1/2\ SW\1/4\, NE\1/4\
NW\1/4\ Section 30; Section 31 except NW\1/4\, NW\1/4\ NE\1/4\,
NW\1/4\ SW\1/4\; Section 32; W\1/2\ Section 33; SE\1/4\, SE\1/4\
NE\1/4\ Section 34; Section 35 except N\1/2\ NW\1/4\, NW\1/4\ NE\1/
4\; Section 36.
T.17S., R.12W. Willamette Meridian: Section 1; Section 2 except
W\1/2\ NW\1/4\; SE\1/4\, NE\1/4\ SW\1/4\ Section 3; NE\1/4\, NE\1/4\
SE\1/4\ Section 10; N\1/2\ Section 11; Section 12 except S\1/2\
SW\1/4\, NW\1/4\ SW\1/4\; E\1/2\ Section 13; E\1/2\ NE\1/4\, E\1/2\
SE\1/4\, NW\1/4\ SE\1/4\ Section 24.
T.18S., R.09W. Willamette Meridian: W\1/2\ NE\1/4\, E\1/2\ NW\1/
4\, NW\1/4\ NW\1/4\ Section 1; Section 2 except S\1/2\ SE\1/4\,
NE\1/4\ SE\1/4\, SE\1/4\ NE\1/4\; Section 3; Section 4 except W\1/2\
SW\1/4\; N\1/2\ NE\1/4\ Section 5; N\1/2\ NE\1/4\, NE\1/4\ SE\1/4\,
SE\1/4\ NE\1/4\ Section 7; Section 8 except S\1/2\ S\1/2\, N\1/2\
NW\1/4\; N\1/2\ N\1/2\, SW\1/4\ NE\1/4\ Section 9; E\1/2\ NE\1/4\,
SW\1/4\ NE\1/4\ Section 10; NE\1/4\ NW\1/4\ Section 11.
[[Page 26302]]
T.18S., R.10W. Willamette Meridian: N\1/2\ NE\1/4\, SW\1/4\
NE\1/4\, NE\1/4\ NW\1/4\ Section 4; N\1/2\ NE\1/4\, NW\1/4\, W\1/2\
SW\1/4\ Section 5; Section 6; N\1/2\ NE\1/4\ Section 7; NW\1/4\
NW\1/4\ Section 8.
T.18S., R.11W. Willamette Meridian: Section 1 except SW\1/4\
SW\1/4\, SE\1/4\ SE\1/4\; N\1/2\, NW\1/4\ SE\1/4\ Section 2; NE\1/
4\, N\1/2\ SE\1/4\, SE\1/4\ SE\1/4\ Section 3; NW\1/4\ NW\1/4\
Section 4; W\1/2\ NW\1/4\, NE\1/4\ NE\1/4\, NE\1/4\ NW\1/4\ Section
5; Section 6 except SW\1/4\ SW\1/4\.
Critical Habitat includes only State lands described within the
following areas:
T.17., R.08W. Willamette Meridian: S\1/2\ SE\1/4\, NE\1/4\ SE\1/
4\ Section 18; NE\1/4\, NW\1/4\ SE\1/4\ Section 19.
T.17., R.09W. Willamette Meridian: N\1/2\ SW\1/4\, SW\1/4\ NE\1/
4\, S\1/2\ NW\1/4\ Section 25; SE\1/4\ NE\1/4\, N\1/2\ SE\1/4\
Section 26; Section 32 except N\1/2\ S\1/2\, E\1/2\ NE\1/4\, SW\1/4\
NW\1/4\; S\1/2\ NW\1/4\, NE\1/4\ NW\1/4\, NW\1/4\ NE\1/4\, NE\1/4\
SW\1/4\, S\1/2\ SW\1/4\ Section 33.
T.18S., R.09W. Willamette Meridian: W\1/2\ SW\1/4\ Section 4;
SE\1/4\, S\1/2\ NE\1/4\, N\1/2\ NW\1/4\ Section 5; N\1/2\ SE\1/4\,
SE\1/4\ NE\1/4\ Section 9.
[GRAPHIC] [TIFF OMITTED] TR24MY96.054
Map and description of OR-04-c taken from United States Fish and
Wildlife Service 1:100,000 map; Reedsport, Eugene and Cottage Grove,
Oregon; 1995.
Critical Habitat includes only Federal lands designated as Late
Successional Reserves described within the following areas:
T.18S., R.09W. Willamette Meridian: SE\1/4\ Section 23; Section
25; S\1/2\ SW\1/4\, NW\1/4\ SW\1/4\, SW\1/4\ SE\1/4\ Section 26;
Section 27 except N\1/2\, NW\1/4\ SW\1/4\; S\1/2\ SE\1/4\ Section
28; S\1/2\ Section 32; Section 33 except NW\1/4\ NW\1/4\; Sections
34-36.
T.18S., R.10W. Willamette Meridian: SE\1/4\ SE\1/4\ Section 8;
Section 9 except NE\1/4\ SE\1/4\, N\1/2\; NW\1/4\ NW\1/4\ Section
10; Section 15 except N1/2 NE\1/4\, SE\1/4\ NE\1/4\; SW\1/4\ SW\1/4\
Section 16; Section 17 except NE1/4 NE\1/4\; Section 18; Sections
19-20; E\1/2\ NE\1/4\, SW\1/4\ NW\1/4\ Section 21; Section 22 except
E\1/2\ NE\1/4\, NW\1/4\ NE\1/4\, NE\1/4\ SE\1/4\; Section 23 except
NE\1/4\, N\1/2\ NW\1/4\, NW\1/4\ SE\1/4\; Section 25; Section 26;
Section 27 except SE\1/4\ SW\1/4\, N\1/2\ SW\1/4\; W\1/2\ W\1/2\,
E\1/2\ E\1/2\ Section 28; Section 29-32; Section 33 except E\1/2\
W\1/2\, NW\1/4\ SW\1/4\, SW\1/4\ SE\1/4\; Section 34 except SW\1/4\,
NE\1/4\ NW\1/4\, S\1/2\ NW\1/4\, NW\1/4\ SE\1/4\; Section 35 except
NE\1/4\ NW\1/4\.
T.18S., R.11W. Willamette Meridian: S\1/2\ S\1/2\ Section 11;
S\1/2\ S\1/2\ Section 12; Section 13; Section 14 except NW\1/4\
NW\1/4\; Section 22 except N\1/2\ NW\1/4\, SW\1/4\ SW\1/4\; Sections
23-26; E\1/2\, E\1/2\ NW\1/4\ Section 27; S\1/2\ SW\1/4\, W\1/2\
SE\1/4\ Section 28; SE\1/4\, NE\1/4\ NE\1/4\, S\1/2\ NE\1/4\ Section
29; NE\1/4\ NE\1/4\ Section 32; Section 33-36.
T.19S., R.09W. Willamette Meridian: Sections 1-2; Section 3
except S\1/2\ SW\1/4\, NW\1/4\ SW\1/4\; Section 4; Section 5 except
NE\1/4\ SW\1/4\; Section 6 except N\1/2\ NW\1/4\, E\1/2\ SE\1/4\,
S\1/2\ SW\1/4\; Section 7 except N\1/2\ NE\1/4\, SE\1/4\ NE\1/4\,
W\1/2\ SW\1/4\; Sections 8-9; E\1/2\ Section 11; E\1/2\ NW\1/4\,
NE\1/4\ Section 12; Section 13; Section 15; Section 17; Section 18
except W\1/2\ SW\1/4\; Sections 19-23; Section 24 except S\1/2\
SE\1/4\, NE\1/4\ SE\1/4\, SE\1/4\ NE\1/4\; Section 25; N1/2 N1/2,
SW\1/4\ NW\1/4\, W\1/2\ SW\1/4\, S\1/2\ SE\1/4\ Section 26; Sections
27-33; N\1/2\ NE\1/4\, W\1/2\ W\1/2\ Section 34; Section 35; Section
36 except E\1/2\ NW\1/4\, W\1/2\ NE\1/4\, NE\1/4\ SW\1/4\.
T.19S., R.10W. Willamette Meridian: Section 1; Section 2 except
W\1/2\ SE\1/4\, SE\1/4\ NE\1/4\; Section 3; Section 4 except S\1/2\
SE\1/4\; Sections 5-8; Section 9 except E\1/2\ NE\1/4\; Section 10
except N\1/2\ N\1/2\, SW\1/4\ NW\1/4\, SE\1/4\ NE\1/4\; Section 11
except N\1/2\ N\1/2\, SW\1/4\ NW\1/4\; Section 12 except E\1/2\
SE\1/4\; Section 13 except S\1/2\ SE\1/4\, NE\1/4\ SE\1/4\; Sections
14-23; Section 24 except N\1/2\ NE\1/4\, NE\1/4\ NW\1/4\; Sections
25-26; Section 27 except SE\1/4\ SE\1/4\; Section 28; Section 29
except W\1/2\ SW\1/4\; N\1/2\ Section 30; E\1/2\ SE\1/4\ Section 31;
Section 32 except S\1/2\ SE\1/4\, SE\1/4\ SW\1/4\; Section 33-36.
T.19S., R.11W. Willamette Meridian: Section 1; N\1/2\ N\1/2\,
W\1/2\ SW\1/4\, SW\1/4\ NW\1/4\ Section 2; Section 3 except SW\1/4\
SW\1/4\; Section 4; Section 9 except E\1/2\ NE\1/4\, S\1/2\ SW\1/4\,
NW\1/4\ SW\1/4\, SE\1/4\, SE\1/4\ SE\1/4\; Section 10 except S\1/2\,
W\1/2\ NW\1/4\; Section 12 except N\1/2\ SW\1/4\, SW\1/4\ SW\1/4\;
Section 13; E\1/2\ SE\1/4\, SW\1/4\ SE\1/4\ Section 14; SW\1/4\
SE\1/4\, SW\1/4\ Section 15; SE\1/4\ SE\1/4\ Section 16; Section 21
except N\1/2\ NW\1/4\; Section 22 except E\1/2\ NE\1/4\; Section 23
except S1/2 SW\1/4\; Section 24; NE\1/4\, N\1/2\ NW\1/4\ Section 25;
NE\1/4\ NE\1/4\ Section 26; N\1/2\, W\1/2\ SW\1/4\ Section 27;
Section 28 except NE\1/4\ SW\1/4\; N\1/2\ NE\1/4\, SE\1/4\ NW\1/4\,
SW\1/4\ NE\1/4\, NW\1/4\ SE\1/4\, NE\1/4\ SW\1/4\ Section 33.
T.20S., R.09W. Willamette Meridian: Section 1 except SE\1/4\
SW\1/4\; Section 2 except SW\1/4\ SW\1/4\; Section 3 except S\1/2\
SE\1/4\; Sections 4-6; Section 7 except W\1/2\ W\1/2\; Section 8;
Section 9 except SE\1/4\ SE\1/4\; SE\1/4\, S\1/2\ NW\1/4\ Section
10; Section 11 except NW\1/4\ NW\1/4\; Section 12 except NE\1/4\
NW\1/4\, NW\1/4\ SW\1/4\; N\1/2\ NW\1/4\, NW\1/4\ NE\1/4\ Section
13; NE\1/4\ NW\1/4\, N\1/2\ NE\1/4\ Section 14.
T.20S., R.10W. Willamette Meridian: N\1/2\ Section 1; N\1/2\
NW\1/4\ Section 5; Section 6 except NW\1/4\ NW\1/4\; W\1/2\, N\1/2\
NE\1/4\, NW\1/4\ SE\1/4\, S\1/2\ SE\1/4\ Section 7; Section 18
except SE\1/4\ SW\1/4\, E\1/2\ SE\1/4\; SW\1/4\, NW\1/4\ SE\1/4\,
W\1/2\ NW\1/4\, SE\1/4\ NW\1/4\, SW\1/4\ NE\1/4\ Section 19; W\1/2\
Section 30.
T.20S., R.11W. Willamette Meridian: Section 10 except S\1/2\
SW\1/4\, NW\1/4\ SW\1/4\; Sections 11-14; E\1/2\ Section 15; NE\1/4\
Section 22; Section 23 except SW\1/4\; Section 24-25; NE\1/4\, E\1/
2\ SE\1/4\ Section 26; N\1/2\ SE\1/4\, S\1/2\ NE\1/4\ Section 35;
NW\1/4\, N\1/2\ NW\1/4\, N\1/2\ NE\1/4\ Section 36.
[GRAPHIC] [TIFF OMITTED] TR24MY96.055
Map and description of OR-04-d taken from United States Fish and
Wildlife Service 1:100,000 map; Reedsport and Cottage Grove, Oregon;
1995.
Critical Habitat includes only Federal lands designated as Late
Successional Reserves described within the following areas:
T.20S., R.10W. Willamette Meridian: S\1/2\ Section 11; W\1/2\
SW\1/4\ Section 12; NW\1/4\ SW\1/4\ Section 13; NE\1/4\, N\1/2\
SE\1/4\, N\1/2\ NW\1/4\ Section 14; SE\1/4\ SE\1/4\ Section 22; W\1/
2\, S\1/2\ SE\1/4\, NW\1/4\ SE\1/4\, W\1/2\ NE\1/4\ Section 23;
SW\1/4\ NW\1/4\ Section 25; Section 26; Section 27 except W\1/2\
W\1/2\, E\1/2\ SW\1/4\; NE\1/4\ Section 34; Section 35.
T.21S., R.09W. Willamette Meridian: S\1/2\ SW\1/4\, NE\1/4\
SW\1/4\ Section 2; Section 3 except NW\1/4\ NE\1/4\; E\1/2\ E\1/2\,
NE\1/4\ SW\1/4\, SW\1/4\ SW\1/4\ Section 5; SE\1/4\, SW\1/4\ NE\1/
4\, E\1/2\ SW\1/4\, SE\1/4\ NW\1/4\ Section 6; Sections 7-8; Section
9 except S\1/2\ NE\1/4\; SW\1/4\, SE\1/4\ NW\1/4\ Section 10;
Section 11; Section 14 except E\1/2\ E\1/2\; Section 15; Sections
17-19; NW\1/4\ Section 20; Section 21; W\1/2\ NE\1/4\ Section 22;
Section 23; Section 29; Sections 31-33.
T.21S., R.10W. Willamette Meridian: Section 2-3; NE\1/4\ NE\1/4\
Section 4; SW\1/4\, S\1/2\ SE\1/4\, S\1/2\ NW\1/4\ Section 6;
Section 7; Section 8 except NE\1/4\; W\1/2\ SW\1/4\ Section 9; N\1/
2\ E\1/2\ Section 10; Sections 11-14; Section 15 except W\1/2\ NW\1/
4\; NW\1/4\ NW\1/4\ Section 16; Sections 17-21; Section 22 except
NW\1/4\; Sections 23-35.
T.21S., R.11W. Willamette Meridian: SE\1/4\ SE\1/4\ Section 1;
E\1/2\ NE\1/4\ Section 12; S\1/2\ NE\1/4\, S\1/2\ SW\1/4\, NW\1/4\,
S\1/2\ SE\1/4\, NE\1/4\ SE\1/4\ Section 23; Sections 24-25; Section
26 except N\1/2\ NW\1/4\; Section 27 except N\1/2\ N\1/2\; Section
28 except N\1/2\ N\1/2\, N\1/2\ SW\1/4\; NW\1/4\, N\1/2\ NE\1/4\,
SW\1/4\ NE\1/4\ Section 33; N\1/2\, N\1/2\ SE\1/4\ Section 34;
Section 35 except S\1/2\ NW\1/4\, SW\1/4\, S\1/2\ SE\1/4\; Section
36 except SW\1/4\ SW\1/4\.
T.22S., R.09W. Willamette Meridian: NE\1/4\ NE\1/4\, N\1/2\
NW\1/4\, SW\1/4\ NW\1/4\, SW\1/4\ Section 4; Section 5 except SW\1/
4\, S\1/2\ NW\1/4\; Section 6 except SE\1/4\, S\1/2\ NE \1/4\;
Section 7
[[Page 26303]]
except E\1/2\ SE\1/4\; Section 9 W\1/2\ SW\1/4\; NW\1/4\ SW\1/4\,
NW\1/4\ NW\1/4\ Section 17.
T.22S., R.10W. Willamette Meridian: Sections 1-5; E\1/2\ Section
6; Section 8 except W\1/2\ W\1/2\; Sections 9-12; N\1/2\ Section 13;
N\1/2\ N\1/2\, SE\1/4\ NE\1/4\, SW\1/4\ NW\1/4\, NE\1/4\ SE\1/4\
Section 14; NW\1/4\, W\1/2\ NE\1/4\, NW\1/4\ SW\1/4\ Section 15;
NE\1/4\ Section 17.
T.22S., R.11W. Willamette Meridian: NE\1/4\ Section 1.
Description of Lands Using Protracted Public Land Survey Lines
Critical Habitat includes only Federal lands designated as Late
Successional Reserves described within the following areas:
T.22S., R.11W. Willamette Meridian: SE\1/4\ NE\1/4\ Section 1.
[GRAPHIC] [TIFF OMITTED] TR24MY96.056
Map and description of OR-04-e taken from United States Fish and
Wildlife Service 1:100,000 map; Cottage Grove and Roseburg, Oregon;
1995.
Critical Habitat includes only Federal lands designated as Late
Successional Reserves described within the following areas:
T.23S., R.08W. Willamette Meridian: Section 3 except NW\1/4\
NW\1/4\; Section 5; S\1/2\, SE\1/4\ NE\1/4\, SW\1/4\ NW\1/4\ Section
6; Section 7; Section 9; NW\1/4\, S\1/2\ S\1/2\, NW\1/4\ SW\1/4\
Section 11; Section 13 except N\1/2\ NE\1/4\; Section 14 except N\1/
2\ NE\1/4\, NE\1/4\ NW\1/4\, W\1/2\ SW\1/4\, SE\1/4\ SW\1/4\, S\1/2\
SE\1/4\; Section 15; Section 17-19; Section 20 except N\1/2\ NE\1/
4\, SE\1/4\ NE\1/4\, NE\1/4\ SE\1/4\; Section 21; Section 23 except
S\1/2\ NE\1/4\, SW\1/4\ NW\1/4\; Section 27; Section 28 except N\1/
2\ NE\1/4\, SE\1/4\ NE\1/4\, NE\1/4\ NW\1/4\; Sections 29-33;
Section 35 except E\1/2\ NE\1/4\.
T.23S., R.09W. Willamette Meridian: Section 3 except NE\1/4\;
Sections 7-8; Section 13 except NE\1/4\ SW\1/4\, NW\1/4\ SE\1/4\;
Sections 14-17; Section 20 except S\1/2\ N\1/2\; Sections 21-22;
N\1/2\ Section 23; Sections 24-25; Section 26 except NW\1/4\;
Section 27; Section 28 except E\1/2\ SE\1/4\; Section 29.
T.23S., R.10W. Willamette Meridian: Section 1.
T.24S., R.07W. Willamette Meridian: SE\1/4\ NW\1/4\ Section 6;
Section 7; E\1/2\ Section 18; Section 19 except E\1/2\ E\1/2\, SW\1/
4\ SE\1/4\.
T.24S., R.08W. Willamette Meridian: Section 1; Section 3; E\1/
2\, E\1/2\ SW\1/4\ Section 9; Sections 10-11; Section 13; Section
15; SW\1/4\ NE\1/4\, SE\1/4\ Section 17; Section 20 except NW\1/4\;
Section 21; SE\1/4\ Section 22; Section 23; Section 25; Sections 27-
29; Section 33; Section 35.
T.25S., R.07W. Willamette Meridian: S\1/2\ S\1/2\, NW\1/4\ SE\1/
4\ Section 6; S\1/2\ S\1/2\ Section 7; S\1/2\ SW\1/4\ Section 9;
NW\1/4\ NW\1/4\ Section 15; Section 17; Section 18 except W\1/2\
W\1/2\; Section 19; NE\1/4\ NW\1/4\ Section 20; S\1/2\ S\1/2\, NW\1/
4\ SE\1/4\ NE\1/4\ SW\1/4\ Section 21; Section 27 except NE\1/4\
NE\1/4\, E\1/2\ SE\1/4\; SW\1/4\ Section 28; SE\1/4\, S\1/2\ NE\1/
4\, NE\1/4\ NE\1/4\, E\1/2\ SW\1/4\ Section 29; NW\1/4\ NW\1/4\
Section 30; E\1/2\, E\1/2\ SW\1/4\ Section 31; W\1/2\ Section 32;
W\1/2\, W\1/2\ NE\1/4\, NE\1/4\ NE\1/4\, NW\1/4\ SE\1/4\ Section 33;
NW\1/4\ NW\1/4\ Section 34.
T.25S., R.08W. Willamette Meridian: Section 1; Sections 3-4;
E\1/2\ E\1/2\ Section 5; Section 8 except W\1/2\; Section 9; N\1/2\
NE\1/4\, NE\1/4\ NW\1/4\, NW\1/4\ SW\1/4\ Section 10; Section 11;
NE\1/4\ NE\1/4\ Section 12; Section 13; S\1/2\ SW\1/4\, NE\1/4\
NW\1/4\ Section 14; N\1/2\ N\1/2\, SW\1/4\, SW\1/4\ NW\1/4\, SE\1/4\
SE\1/4\ Section 15; Section 20; Section 23; Section 24 except SE\1/
4\, W\1/2\ NW\1/4\; Section 25; Section 30 except SW\1/4\, W\1/2\
NW\1/4\; Section 32 except SE\1/4\.
T.26S., R.07W. Willamette Meridian: Section 5; Section 6 except
NW\1/4\; Section 7 except NW\1/4\ SW\1/4\, SW\1/4\ NW\1/4\; N\1/2\
NE\1/4\, SE\1/4\ NE\1/4\, E\1/2\ SE\1/4\, N\1/2\ SW\1/4\, NW\1/4\
NW\1/4\ Section 8; Section 9 except N\1/2\ NW\1/4\.
T.26S., R.08W. Willamette Meridian: W\1/2\, E\1/2\ SE\1/4\,
SE\1/4\ NE\1/4\ Section 1; NW\1/4\ SE\1/4\, SE\1/4\ NW\1/4\ Section
12.
[GRAPHIC] [TIFF OMITTED] TR24MY96.057
Map and description of OR-04-f taken from United States Fish and
Wildlife Service 1:100,000 map; Cottage Grove and Roseburg, Oregon;
1995.
Critical Habitat includes only Federal lands designated as Late
Successional Reserves described within the following areas:
T.22S., R.06W. Willamette Meridian: S\1/2\, S\1/2\ NE\1/4\
Section 17; Section 19; Section 21; Section 29; Section 30 except
W\1/2\ NW\1/4\, SE\1/4\ NW\1/4\, NW\1/4\ SW\1/4\; Section 31; NW\1/
4\ NE\1/4\, NE\1/4\ NW\1/4\ Section 32.
T.23S., R.06W. Willamette Meridian: W\1/2\ W\1/2\ Section 4;
Section 5; N\1/2\ NE\1/4\, NE\1/4\ NW\1/4\ Section 8; NW\1/4\ NW\1/
4\ Section 9; Section 19; Section 31; W\1/2\ NW\1/4\, NW\1/4\ SW\1/
4\ Section 32.
T.23S., R.07W. Willamette Meridian: N\1/2\ NW\1/4\, S\1/2\ NE\1/
4\, N\1/2\ SW\1/4\, NW\1/4\ SE\1/4\ Section 3; NE\1/4\ NE\1/4\
Section 4; SE\1/4\ SE\1/4\ Section 14; E\1/2\ NW\1/4\, S\1/2\ NE\1/
4\, NE\1/4\ SE\1/4\ Section 15; Section 23 except N\1/2\ NW\1/4\,
SE\1/4\ NW\1/4\, W\1/2\ NE\1/4\, SW\1/4\ SW\1/4\; Section 25; S\1/2\
S\1/2\ Section 27; S\1/2\ S\1/2\ Section 33.
T.24S., R.07W. Willamette Meridian: N\1/2\ NW\1/4\ Section 2;
S\1/2\ SW\1/4\, NW\1/4\ SW\1/4\, SW\1/4\ SE\1/4\, SE\1/4\ NE\1/4\
Section 3; Section 11 except NE\1/4\, NE\1/4\ NW\1/4\; N\1/2\ N\1/
2\, W\1/2\ SW\1/4\, SW\1/4\ NW\1/4\ Section 15; E\1/2\ SE\1/4\,
SE\1/4\ NE\1/4\, SW\1/4\ SW\1/4\ Section 21; Section 23; Section 25;
Section 27 except SW\1/4\, S\1/2\ NW\1/4\; SE\1/4\ SW\1/4\, NW\1/4\
SW\1/4\, SW\1/4\ NW\1/4\ Section 28; Section 35.
T.25S., R.07W. Willamette Meridian: Section 1; NE\1/4\ Section
2; Section 3; Section 11 except N\1/2\ NW\1/4\; NW\1/4\ SW\1/4\
Section 12.
[GRAPHIC] [TIFF OMITTED] TR24MY96.058
Map and description of OR-04-g taken from United States Fish and
Wildlife Service 1:100,000 map; Cottage Grove, Oregon; 1995.
Critical Habitat includes only Federal lands designated as Late
Successional Reserves described within the following areas:
T.21S., R.06W. Willamette Meridian: Section 31.
T.21S., R.07W. Willamette Meridian: W\1/2\ Section 7; Section 16
except NW\1/4\; Section 17; N\1/2\ Section 18; Section 19; NW\1/4\,
N\1/2\ NE\1/4\, SW\1/4\ NE\1/4\, NE\1/4\ SW\1/4\, NW\1/4\ SE\1/4\
Section 20; Section 21; Section 25; NE\1/4\ Section 28; Section 29;
N\1/2\, N\1/2\ SW\1/4\, SW\1/4\ SW\1/4\, NE\1/4\ SE\1/4\ Section 30;
Section 31; Section 33; Section 35.
T.21S., R.08W. Willamette Meridian: Section 1; Section 2 except
W\1/2\ SW\1/4\; Section 10 except N\1/2\ NE\1/4\; Section 11;
Section 12 except S\1/2\ SW\1/4\, NE\1/4\ NE\1/4\; Section 13;
Section 23; E\1/2\ Section 24; Section 25; N\1/2\ N\1/2\ Section 26;
Section 35 except SW\1/4\ NW\1/4\, E\1/2\ NE\1/4\, SE\1/4\ SE\1/4\,
NW\1/4\ SW\1/4\.
T.22S., R.06W. Willamette Meridian: Section 5; NW\1/4\, N\1/2\
NE\1/4\, N\1/2\ SW\1/4\ Section 7.
T.22S., R.07W. Willamette Meridian: Section 1; W\1/2\ Section 6;
Section 7 except W\1/2\ NW\1/4\; Section 11 except NW\1/4\; NW\1/4\,
N\1/2\ NE\1/4\, SW\1/4\ NE\1/4\, NE\1/4\ SW\1/4\ Section 15.
[[Page 26304]]
T.22S., R.08W. Willamette Meridian: Section 1; NE\1/4\, S\1/2\
NW\1/4\, N\1/2\ SW\1/4\, SW\1/4\ SW\1/4\ Section 5; NE\1/4\ SE\1/4\
Section 12.
[GRAPHIC] [TIFF OMITTED] TR24MY96.059
Map and description of OR-04-i taken from United States Fish and
Wildlife Service 1:100,000 map; Eugene and Cottage Grove, Oregon; 1995.
Critical Habitat includes only Federal lands designated as Late
Successional Reserves described within the following areas:
T.17S., R.06W. Willamette Meridian: SE\1/4\ SE\1/4\ Section 35;
SW\1/4\ SW\1/4\ Section 36.
T.17S., R.07W. Willamette Meridian: Section 11; S\1/2\, SW\1/4\
NW\1/4\ Section 13; Section 15; NW\1/4\, S\1/2\ S\1/2\, NW\1/4\
NE\1/4\ Section 19; SE\1/4\ Section 25; Section 29 except E\1/2\
W\1/2\, W\1/2\ NE\1/4\.
T.17S., R.08W. Willamette Meridian: Section 13 except N\1/2\
NW\1/4\; Section 17 except SW\1/4\, NE1/ 4 NE\1/4\, NW\1/4\ NW\1/4\;
Section 21; S\1/2\ SW\1/4\, NW\1/4\ NW\1/4\ Section 22; Section 23;
Section 25; Section 27; NE\1/4\ SW\1/4\ Section 28; E\1/2\ E\1/2\
Section 33; Section 35.
T.18S., R.06W. Willamette Meridian: Section 5 except SW\1/4\
SW\1/4\; SE\1/4\ Section 11; Section 19; Section 21 except E\1/2\
SE\1/4\, SE\1/4\ NE\1/4\; SW\1/4\ Section 23; Section 27 except S\1/
2\ NE\1/4\; Section 31; NE\1/4\, W\1/2\ SE\1/4\, E\1/2\ SW\1/4\
Section 35.
T.18S., R.07W. Willamette Meridian: Section 1; N\1/2\ Section 7;
Section 17 except SE\1/4\ SW\1/4\, NW\1/4\ SW\1/4\; Section 19;
Section 21; Section 25; Section 27; Section 29; Section 31; Section
33 except NE\1/4\ SW\1/4\, NW\1/4\ SE\1/4\; Section 35.
T.18S., R.08W. Willamette Meridian: E\1/2\ NW\1/4\, NW\1/4\
NE\1/4\ Section 1; E\1/2\ NE\1/4\ Section 2; Section 3; Section 4
except NE\1/4\, NW\1/4\ NW\1/4\, N\1/2\ SE\1/4\, SE\1/4\ SE\1/4\;
Section 9; Section 11 except E\1/2\ SE\1/4\, SW\1/4\ SE\1/4\, SE\1/
4\ SW\1/4\; Section 13 except N\1/2\ NE\1/4\, E\1/2\ NW\1/4\, W\1/2\
SW\1/4\; N\1/2\ N\1/2\, S\1/2\ SW\1/4\, NE\1/4\ SE\1/4\, SE\1/4\
NE\1/4\, SW\1/4\ NW\1/4\ Section 15; Section 19; Section 21 except
E\1/2\ NW\1/4\, NW\1/4\ SE\1/4\; S\1/2\, SE\1/4\ NE\1/4\, SW\1/4\
NW\1/4\ Section 23; Section 25; Section 27; SE\1/4\ Section 28;
Section 29 except E\1/2\ NE\1/4\; Section 31; NW\1/4\ NE\1/4\
Section 32; Section 33 except NE\1/4\; Section 35 except S\1/2\
SW\1/4\, SW\1/4\ SE\1/4\.
T.19S., R.06W. Willamette Meridian: Section 1 except N\1/2\
NW\1/4\, SW\1/4\ NW\1/4\; Section 3; Section 5; Section 7 except
N\1/2\ NE\1/4\; NW\1/4\ SW\1/4\, W\1/2\ NW\1/4\ Section 8; E\1/2\,
S\1/2\ SW\1/4\, SE\1/4\ NW\1/4\ Section 15; Section 17 except NE\1/
4\ NE\1/4\, SW\1/4\ NW\1/4\; Section 19 except SE\1/4\ SE\1/4\; E\1/
2\ NW\1/4\, SW\1/4\ NE\1/4\ Section 20; Section 21; Section 23;
Section 25; Section 27; Section 29; Section 31; Section 33; SE\1/4\
NE\1/4\ Section 34; Section 35.
T.19S., R.07W. Willamette Meridian: Section 1 except S\1/2\
SE\1/4\, SE\1/4\ SW\1/4\; Section 3 except SW\1/4\ SE\1/4\, SW\1/4\
SW\1/4\; S\1/2\, E\1/2\ NE\1/4\, NW\1/4\ NW\1/4\ Section 5; Section
7; Section 9 except N\1/2\ NW\1/4\, SW\1/4\ NW\1/4\; Section 11
except N\1/2\ N\1/2\, SE\1/4\ NW\1/4\, SW\1/4\ NE\1/4\; Section 13;
Section 15; Section 17; Section 19 except N\1/2\ SW\1/4\; Section
21; Section 23; N\1/2\ NE\1/4\, S\1/2\ SE\1/4\ Section 25; Section
27; Section 29; S\1/2\, W\1/2\ NW\1/4\ Section 30; Section 31; W\1/
2\ NW\1/4\ Section 32; Section 33; Section 35 except NW\1/4\ NE\1/
4\.
T.19S., R.08W. Willamette Meridian: Section 1; Section 5; N\1/2\
NW\1/4\ Section 6; Section 7; SW\1/4\, W\1/2\ SE\1/4\ Section 8;
W\1/2\ Section 9; NE\1/4\, E\1/2\ NW\1/4\, NW\1/4\ NW\1/4\, NE\1/4\
SE\1/4\ Section 13; Section 17; N\1/2\ S\1/2\, SE\1/4\ NE\1/4\,
NW\1/4\ NW\1/4\ Section 18; Section 19; Section 21; SE\1/4\ SE\1/4\
Section 22; Section 23; SE\1/4\ SE\1/4\ Section 24; Section 25;
NW\1/4\ Section 26; Section 27; SE\1/4\ SE\1/4\ Section 28; Section
29; SE\1/4\, SW\1/4\ SW\1/4\ Section 30; Section 31; W\1/2\ W\1/2\
Section 32; Section 33; Section 35.
T.20S., R.06W. Willamette Meridian: Section 1 except S\1/2\
SW\1/4\; Section 3 except E\1/2\ SW\1/4\, SW\1/4\ SW\1/4\; SE\1/4\
NE\1/4\ Section 4; Section 5; S\1/2\ S\1/2\ Section 6; Section 7;
Section 9; Section 11 except W\1/2\ NW\1/4\, NW\1/4\ SW\1/4\, SE\1/
4\ NE\1/4\; Section 13; Section 15; Section 17; W\1/2\ W\1/2\, E\1/
2\ SE\1/4\ Section 18; Section 19; Section 21; Section 23; N\1/2\
SE\1/4\, SW\1/4\ SE\1/4\ Section 26; Section 27; Section 29; Section
31; E\1/2\ NE\1/4\ Section 32; SE\1/4\, NW\1/4\, NW\1/4\ NE\1/4\,
S\1/2\ NE\1/4\, SE\1/4\ SW\1/4\ Section 33; Section 35 except S\1/2\
SW\1/4\.
T.20S., R.07W. Willamette Meridian: Section 1; E\1/2\ E\1/2\
Section 2; Section 3 except NE\1/4\ NW\1/4\; Section 5; Section 6
except N\1/2\ N\1/2\; N\1/2\ N\1/2\ Section 7; Section 11; Section
12 except E\1/2\ E\1/2\, NW\1/4\ SE\1/4\, SW\1/4\ NE\1/4\; Section
13-15; Section 21; Section 22 except SE\1/4\, SE\1/4\ NE\1/4\;
Section 23 except W\1/2\ SW\1/4\, SW\1/4\ NW\1/4\; Section 33 except
E\1/2\ NE\1/4\; SW\1/4\ Section 34.
T.20S. R.08W. Willamette Meridian: Section 1; SW\1/4\ Section 2;
Section 3; SE\1/4\ SE\1/4\ Section 4; N\1/2\ NE\1/4\ Section 6; E\1/
2\ E\1/2\ Section 8; Section 9; Section 11; W\1/2\ W\1/2\ Section
12.
T.21S., R.06W. Willamette Meridian: Section 3; Section 5; W\1/2\
SW\1/4\, SW\1/4\ NW\1/4\, SE\1/4\ SW\1/4\ Section 6; Section 7;
Section 8 except SE\1/4\; Section 9; Section 11; Section 14 except
NE\1/4\; Sections 15-17; Section 18 except NW\1/4\ NW\1/4\, S\1/2\
NW\1/4\, NE\1/4\, NW\1/4\ SE\1/4\, E\1/2\ SW\1/4\, SW\1/4\ SW\1/4\;
Section 19; NW\1/4\ NE\1/4\ Section 20; Section 21; S\1/2\ NE\1/4\,
N\1/2\ SE\1/4\ Section 22; Section 23; Section 27.
Critical Habitat includes only State lands described within the
following areas:
T.17S., R.08W. Willamette Meridian: SE\1/4\ NW\1/4\ Section 28.
[GRAPHIC] [TIFF OMITTED] TR24MY96.060
Map and description of OR-04-j objective taken from United States
Fish and Wildlife Service 1:100,000 map; Eugene, Oregon; 1995.
Critical Habitat includes only Federal lands designated as Late
Successional Reserves described within the following areas:
T.13S., R.06W. Willamette Meridian: S\1/2\ Section 31.
T.14S., R.06W. Willamette Meridian: NW\1/4\, W\1/2\ SW\1/4\
Section 6; Section 7; W\1/2\ W\1/2\ Section 18; W\1/2\ W\1/2\
Section 19; W\1/2\ W\1/2\ Section 30; Section 31.
T.14S., R.07W. Willamette Meridian: Section 1; Section 9;
Section 11 except E\1/2\ SE\1/4\; Section 12 except S\1/2\ SW\1/4\;
Section 13 except SW\1/4\, SW\1/4\ SE\1/4\; SE\1/4\ SW\1/4\ Section
14; Section 17; Section 19; Section 20 except NW\1/4\ NW\1/4\, E\1/
2\ NW\1/4\, NE\1/4\, E\1/2\ SE\1/4\; Section 21 except W\1/2\ NW\1/
4\, NE\1/4\ NW\1/4\; Section 23 except SW\1/4\ SE\1/4\; S\1/2\ SE\1/
4\, NE\1/4\ SE\1/4\, SE\1/4\ NE\1/4\ Section 24; Section 25; Section
26 except N\1/2\ N\1/2\, SE\1/4\ SW\1/4\; Section 27; S\1/2\ Section
28; Sections 29-34.
T.14S., R.08W. Willamette Meridian: Section 19 except N\1/2\
N\1/2\, SW\1/4\ NE\1/4\, NW\1/4\ SE\1/4\; E\1/2\ SE\1/4\ Section 20;
S\1/2\ SE\1/4\, SW\1/4\ Section 21; S\1/2\ SW\1/4\, W\1/2\ SE\1/4\
Section 22; S\1/2\ SW\1/4\ Section 23; E\1/2\ SE\1/4\, NE\1/4\
Section 25; NW\1/4\ Section 26; Section 27; E\1/2\ SW\1/4\ Section
28; Section 29 except N\1/2\ N\1/2\; Section 30 except N\1/2\ NE\1/
4\, SE\1/4\ NE\1/4\, SE\1/4\, NE\1/4\ NW\1/4\; Section 31 except
N\1/2\ S\1/2\; Section 32; Section 33 except S\1/2\ S\1/2\; NW\1/4\,
N\1/2\ NE\1/4\, NW\1/4\ SW\1/4\ Section 34.
T.15S., R.06W. Willamette Meridian: Section 29; Section 31;
Section 33 except NE\1/4\, E\1/2\ SE\1/4\, SW\1/4\ NW\1/4\; SE\1/4\
SE\1/4\ Section 34; SW\1/4\ SW\1/4\ Section 35.
T.15S., R.07W. Willamette Meridian: Section 3 except SW\1/4\
SW\1/4\; Section 4 except E\1/2\ NE\1/4\, N\1/2\ SE\1/4\; Sections
5-6; Section 7 except S\1/2\ SW\1/4\, N\1/2\ SE\1/4\; NW\1/4\ NE\1/
4\ Section 8; Sections 18-21; Section 25 except SE\1/4\ NE\1/4\;
Section 27; Section 29; Section 31; Section 33 except NE\1/4\; SE\1/
4\ NW\1/4\, SE\1/4\ NE\1/4\, NE\1/4\ SE\1/4\, SW\1/4\ SE\1/4\
Section 35.
T.15S., R.08W. Willamette Meridian: Section 1; S\1/2\, NE\1/4\
NE\1/4\ Section 2; S\1/2\ SE\1/4\ Section 3; SW\1/4\ SW\1/4\ Section
4; Section 5 except S\1/2\ NE\1/4\, SE\1/4\ NW\1/4\, SW\1/4\, N\1/2\
SE\1/4\; Section 6 except SE\1/4\
[[Page 26305]]
NW\1/4\, S\1/2\ SW\1/4\, SW\1/4\ NE\1/4\, SE\1/4\; Section 7 except
N\1/2\ N\1/2\, SE\1/4\ NE\1/4\; Section 9 except E\1/2\ E\1/2\,
SW\1/4\ SE\1/4\; Section 11; Sections 13-14; Section 15 except NW\1/
4\ NW\1/4\; Sections 16-20; Section 21 except SW\1/4\ NW\1/4\;
Sections 22-27; N\1/2\ Section 28; Sections 29-31; N\1/2\, W\1/2\
SW\1/4\ Section 32; Section 33; Section 35; W\1/2\ Section 36.
T.16S., R.06W. Willamette Meridian: SE\1/4\, E\1/2\ SW\1/4\,
NW\1/4\ SW\1/4\, SW\1/4\ NW\1/4\ Section 3; Section 5 except S\1/2\
SW\1/4\, NW\1/4\ SW\1/4\, SW\1/4\ NW\1/4\; Section 7 except S\1/2\
SE\1/4\, NE\1/4\ SE\1/4\; Section 9; SW\1/4\ NE\1/4\, NE\1/4\ NW\1/
4\ Section 12; NW\1/4\, N\1/2\ NE\1/4\, W\1/2\ SE\1/4\, SW\1/4\
SW\1/4\ Section 17; S\1/2\ S\1/2\ Section 33.
T.16S., R.07W. Willamette Meridian: Section 1; Section 3 except
S\1/2\ SW\1/4\; Section 5 except W\1/2\ SW\1/4\; S\1/2\ SW\1/4\
Section 6; Section 7 except NE\1/4\, S\1/2\ NW\1/4\, NE\1/4\ SE\1/
4\; NE\1/4\, N\1/2\ SE\1/4\, SE\1/4\ NW\1/4\ Section 11; Section 13;
E\1/2\, SW\1/4\ Section 15; W\1/2\ NW\1/4\ Section 18; S\1/2\
Section 19; Section 21.
T.16S., R.08W. Willamette Meridian: Section 1; Sections 3-4;
Section 5 except S\1/2\ NW\1/4\, SW\1/4\ NE\1/4\, NW\1/4\ SW\1/4\;
NW\1/4\, N\1/2\ SW\1/4\, SW\1/4\ SW\1/4\, NW\1/4\ NE\1/4\ Section 6;
Section 7 except W\1/2\, S\1/2\ NE\1/4\, N\1/2\ SE\1/4\; Sections 8-
9; W\1/2\ W\1/2\ Section 10; Section 11; Section 13 except S\1/2\
SE\1/4\; Section 15; Section 17 except SW\1/4\ NW\1/4\; Section 18
except NW\1/4\, W\1/2\ E\1/2\, NE\1/4\ NE\1/4\, SE\1/4\ SW\1/4\;
Section 19 except E\1/2\ SW\1/4\, S\1/2\ NE\1/4\, NW\1/4\ NE\1/4\,
SE\1/4\ NW\1/4\; Section 20 except W\1/2\ SE\1/4\, S\1/2\ SW\1/4\;
Sections 21-23; SW\1/4\ SW\1/4\, SW\1/4\ SE\1/4\ Section 24; Section
25; N\1/2\ Section 26; Section 27; Section 28 except S\1/2\ SE\1/4\;
Section 29 except NW\1/4\ NW\1/4\; S\1/2\ SE\1/4\, SE\1/4\ NE\1/4\
Section 30; Section 31 except N\1/2\ NW\1/4\; Section 32 except
SE\1/4\, Section 33; S\1/2\ Section 34; N\1/2\, NW\1/4\ SE\1/4\
Section 35.
T.17S., R.08W. Willamette Meridian: Section 5; N\1/2\ NE\1/4\
Section 6.
[GRAPHIC] [TIFF OMITTED] TR24MY96.061
Map and description of OR-04-k taken from United States Fish and
Wildlife Service 1:100,000 map; Corvallis, Eugene, Oregon; 1995.
Critical Habitat includes only Federal lands designated as Late
Successional Reserves described within the following areas:
T.12S., R.07W. Willamette Meridian: SE\1/4\, S\1/2\ SW\1/4\,
S\1/2\ NE\1/4\ Section 10; Section 11 except N\1/2\ N\1/2\; W\1/2\
W\1/2\ Section 13; Sections 14-15; Section 16 except NW\1/4\ NW\1/
4\; Section 19 except N\1/2\ N\1/2\; Section 20 except SW\1/4\ SW\1/
4\; Sections 21-23; W\1/2\, S\1/2\ SE\1/4\ Section 24; Section 25;
Section 26 except SW\1/4\; Section 27; Section 28 except NE\1/4\
NW\1/4\; Sections 29-31; Section 32 except NW\1/4\, NW\1/4\ NE\1/4\;
Sections 33-35; W\1/2\ W\1/2\, NE\1/4\ NW\1/4\ Section 36.
T.12S., R.08W. Willamette Meridian: SW\1/4\, SW\1/4\ NW\1/4\,
S\1/2\ SE\1/4\ Section 3; NE\1/4\, N\1/2\ SW\1/4\, S\1/2\ SE\1/4\
Section 5; N\1/2\ SE\1/4\ Section 8; Section 9 except NE\1/4\ NE\1/
4\, W\1/2\ SW\1/4\, SE\1/4\ SW\1/4\, W\1/2\ SE\1/4\; SE\1/4\, NE\1/
4\ NE\1/4\ Section 10; Section 11 except N\1/2\ NE\1/4\, SE\1/4\
SE\1/4\; S\1/2\ Section 12; E\1/2\, E\1/2\ SW\1/4\ Section 13; N\1/
2\ NW\1/4\, NE\1/4\, SE\1/4\ SW\1/4\ Section 15; N\1/2\ NE\1/4\
Section 16; Section 17 except NW\1/4\, NW\1/4\ NE\1/4\; SW\1/4\,
W\1/2\ SE\1/4\, SW\1/4\ NW\1/4\ Section 18; W\1/2\, SW\1/4\ SE\1/4\
Section 19; S\1/2\ NE\1/4\ Section 20; Section 21; Section 22 except
NW\1/4\ NW\1/4\; SE\1/4\, S\1/2\ SW\1/4\ Section 23; W\1/2\ W\1/2\
Section 24; Section 25; N\1/2\ Section 26; Section 27; Section 29
except NE\1/4\; W\1/2\ SW\1/4\, N\1/2\ NW\1/4\, NW\1/4\ NE\1/4\,
NE\1/4\ SE\1/4\ Section 30; Section 31; Section 33 except SE\1/4\,
W\1/2\ NE\1/4\; Section 35 except SW\1/4\ NW\1/4\, NW\1/4\ SW\1/4\.
T.12S., R.09W. Willamette Meridian: SE\1/4\ SE\1/4\ Section 13;
E\1/2\ E\1/2\ Section 24.
T.13S., R.07W. Willamette Meridian: Section 2 except N\1/2\
NE\1/4\, NE\1/4\ NW\1/4\, SE\1/4\ NE\1/4\, NE\1/4\ SE\1/4\; Section
3; Section 5; W\1/2\ Section 6; Section 7; Section 9; N\1/2\ NW\1/
4\, SW\1/4\ NW\1/4\ Section 15; Section 17; SW\1/4\ SW\1/4\ Section
18; Section 19 except NE\1/4\ SE\1/4\; E\1/2\ NW\1/4\, NE\1/4\ SW\1/
4\, W\1/2\ NE\1/4\ Section 21; S\1/2\ SE\1/4\ Section 23; SW\1/4\,
W\1/2\ SE\1/4\, SW\1/4\ NW\1/4\ Section 27; N\1/2\ SE\1/4\, SE\1/4\
NE\1/4\, NW\1/4\ NE\1/4\, E\1/2\ NW\1/4\ Section 35.
T.13S., R.08W. Willamette Meridian: Section 1; NE\1/4\ Section
2; Section 3 except N\1/2\ NE\1/4\, SW\1/4\ NE\1/4\; Section 5; S\1/
2\ Section 6; Section 7; E\1/2\ SE\1/4\ Section 8; Section 9 except
NW\1/4\ NE\1/4\; Section 11; W\1/2\ NW\1/4\, SE\1/4\ NW\1/4\, E\1/2\
SE\1/4\, NW\1/4\ SE\1/4\, SE\1/4\ NE\1/4\, NE\1/4\ SW\1/4\ Section
12; Section 13; E\1/2\, NE\1/4\ SW\1/4\ Section 14; Section 15;
Section 17; Sections 19-21; Section 23; W\1/2\ W\1/2\, SE\1/4\ NW\1/
4\, SE\1/4\ NE\1/4\ Section 24; Section 25; W\1/2\ SE\1/4\, E\1/2\
SW\1/4\, SW\1/4\ SW\1/4\ Section 26; Section 27; Section 29; NW\1/
4\, SW\1/4\ SE\1/4\ Section 30; Section 31; SE\1/4\ SE\1/4\, SW\1/4\
NW\1/4\ Section 32; Section 33; SW\1/4\ NW\1/4\ Section 34; Section
35 except E\1/2\ SE\1/4\, SW\1/4\ SE\1/4\.
T.13S., R.09W. Willamette Meridian: E\1/2\ E\1/2\ Section 25.
T.14S., R.07W. Willamette Meridian: SW\1/4\ SW\1/4\ Section 5;
NE\1/4\ NE\1/4\ Section 7.
T.14S., R.08W. Willamette Meridian: N\1/2\ NE\1/4\, NE\1/4\
NW\1/4\ Section 3; Section 5 except S\1/2\ SE\1/4\; Section 7 except
W\1/2\ W\1/2\, NE\1/4\ NW\1/4\, NE\1/4\ NE\1/4\; Section 11 except
NW\1/4\, NW\1/4\ NE\1/4\, N\1/2\ SW\1/4\; N\1/2\ SW\1/4\, W\1/2\
NW\1/4\ Section 15.
[GRAPHIC] [TIFF OMITTED] TR24MY96.062
Map and description of OR-06-a taken from United States Fish and
Wildlife Service 1:100,000 map; Coos Bay, Oregon; 1995.
Critical Habitat includes only Federal lands designated as Late
Successional Reserves described within the following areas:
T.25S., R.12W. Willamette Meridian: SE\1/4\ SE\1/4\ Section 35.
[GRAPHIC] [TIFF OMITTED] TR24MY96.063
Map and description of OR-06-b taken from United States Fish and
Wildlife Service 1:100,000 map; Roseburg, Oregon; 1995.
Critical Habitat includes only Federal lands designated as Late
Successional Reserves described within the following areas:
T.25S., R.10W. Willamette Meridian: Section 31; Section 33.
T.26S., R.09W. Willamette Meridian: SE\1/4\, E\1/2\ SW\1/4\
Section 9; Section 10 except NE\1/4\; Section 17; S\1/2\ S\1/2\
Section 18; Section 19; SW\1/4\ Section 20; Section 21; N\1/2\ N\1/
2\, S\1/2\ S\1/2\ Section 28; Section 29; Section 31 except N\1/2\
SW\1/4\, SW\1/4\ SW\1/4\; SW\1/4\, W\1/2\ SE\1/4\, SE\1/4\ NW\1/4\
Section 32; Section 33.
T.26S., R.10W. Willamette Meridian: Sections 3-5; E\1/2\, SE\1/
4\ NW\1/4\ Section 6; Section 7; SW\1/4\, S\1/2\ NE\1/4\ Section 8;
Section 9; Section 11; Section 13; N\1/2\ Section 14; Sections 15-
17; Section 19; SE\1/4\ Section 20; N\1/2\ Section 21; W\1/2\
Section 22; Section 23; N\1/2\ N\1/2\, N\1/2\ S\1/2\ Section 24;
Section 25; Section 27; NE\1/4\ Section 28; Sections 29-31;
[[Page 26306]]
E\1/2\ Section 32; Section 33; Section 35 except SE\1/4\.
T.27S., R.09W. Willamette Meridian: Sections 4-5; SE\1/4\, NE\1/
4\ NE\1/4\, SE\1/4\ SW\1/4\ Section 6; Section 7 except NW\1/4\
SW\1/4\; N\1/2\ NW\1/4\, W\1/2\ SW\1/4\ Section 8; Section 9;
Section 17; Section 18 except SW\1/4\, SE\1/4\ SE\1/4\; Sections 19-
21; Sections 29-31; E\1/2\ SE\1/4\, SW\1/4\ SE\1/4\ Section 33.
T.27S., R.10W. Willamette Meridian: E\1/2\ E\1/2\, W\1/2\ SE\1/
4\ Section 1; Section 3; W\1/2\ SW\1/4\, SW\1/4\ NW\1/4\ Section 4;
Section 5; S\1/2\ SE\1/4\ Section 6; Sections 7-9; NE\1/4\, SE\1/4\
SE\1/4\ Section 10; Section 11; S\1/2\ NW\1/4\, W\1/2\ SW\1/4\,
SE\1/4\ SE\1/4\ Section 12; Sections 13-15; N\1/2\ Section 16;
Sections 17-20; Sections 21-23; W\1/2\ NW\1/4\, NW\1/4\ SW\1/4\
Section 24; Sections 25-29; NE\1/4\, SW\1/4\ SW\1/4\ Section 30;
Section 31; W\1/2\ W\1/2\, SE\1/4\ NW\1/4\, NE\1/4\ SW\1/4\ Section
32; Section 33; SW\1/4\ NW\1/4\ Section 34; Section 35.
T.28S., R.09W. Willamette Meridian: SE\1/4\ SW\1/4\ Section 4;
Section 5; Section 7; Section 9.
T.28S., R.10W. Willamette Meridian: Section 1; Section 3 except
E\1/2\ SE\1/4\; N\1/2\ SE\1/4\ Section 4; Section 5; N\1/2\ NE\1/4\,
NE\1/4\ NW\1/4\, SE\1/4\ SE\1/4\ Section 6; Section 7 except W\1/2\
NW\1/4\, NW\1/4\ SW\1/4\; S\1/2\ N\1/2\, NE\1/4\ NW\1/4\ Section 8;
Section 9 except NE\1/4\; N\1/2\ NE\1/4\, E\1/2\ NW\1/4\, E\1/2\
SE\1/4\ Section 11; NW\1/4\ NW\1/4\ Section 12.
[GRAPHIC] [TIFF OMITTED] TR24MY96.064
Map and description of OR-06-c taken from United States Fish and
Wildlife Service 1:100,000 map; Roseburg and Canyonville, Oregon; 1995.
Critical Habitat includes only Federal lands designated as Late
Successional Reserves described within the following areas:
T.29S., R.10W. Willamette Meridian: S\1/2\ SE\1/4\, W\1/2\ SW\1/
4\ Section 11; SW\1/4\ NW\1/4\, W\1/2\ SW\1/4\, SE\1/4\ SW\1/4\
Section 12; Section 13; E\1/2\ W\1/2\, E\1/2\ Section 14; NE\1/4\
NE\1/4\ Section 20; Section 21; E\1/2\, W\1/2\ SW\1/4\ Section 23;
Section 31.
T.30S., R.11W. Willamette Meridian: E\1/2\, SE\1/4\ SW\1/4\
Section 1; E\1/2\ Section 12; E\1/2\, NW\1/4\ Section 13; N\1/2\
SE\1/4\, S\1/2\ NE\1/4\, NE\1/4\ NE\1/4\, NE\1/4\ SW\1/4\, SE\1/4\
NW\1/4\ Section 35.
T.31S., R.11W. Willamette Meridian: SW\1/4\ Section 2.
[GRAPHIC] [TIFF OMITTED] TR24MY96.065
Map and description of OR-06-d taken from United States Fish and
Wildlife Service 1:100,000 map; Roseburg, Oregon; 1995.
Critical Habitat includes only Federal lands designated as Late
Successional Reserves described within the following areas:
T.28S., R.08W. Willamette Meridian: Section 3; Section 5; NE\1/
4\ Section 8; Section 9; N\1/2\ NW\1/4\ Section 10; NW\1/4\ NW\1/4\
Section 11; N\1/2\ NW\1/4\, W\1/2\ NE\1/4\, W\1/2\ SW\1/4\ Section
15; Section 17; Section 27; Section 33.
T.28S., R.09W. Willamette Meridian: Section 19; Section 21;
SW\1/4\ Section 22; Section 23; Section 25; Section 27; Section 29;
Section 31; Section 33; Section 35.
T.28S., R.10W. Willamette Meridian: NE\1/4\ Section 24.
T.29S., R.08W. Willamette Meridian: Section 5.
T.29S., R.09W. Willamette Meridian: Section 1 except SE\1/4\;
Section 3; Section 5; Section 11 except N\1/2\ NE\1/4\; Section 15;
Section 23 except S\1/2\ SE\1/4\, NE\1/4\ SE\1/4\, SE\1/4\ NE\1/4\;
Section 27 except S\1/2\ SE\1/4\.
[GRAPHIC] [TIFF OMITTED] TR24MY96.066
Map and description of OR-07-a taken from United States Fish and
Wildlife Service 1:100,000 map; Port Orford, Oregon; 1995.
Critical Habitat includes only Federal lands designated as Late
Successional Reserves described within the following areas:
T.31S., R.12W. Willamette Meridian: N\1/2\ NW\1/4\, SW\1/4\
NW\1/4\ Section 5; SE\1/4\, E\1/2\ SW\1/4\, SW\1/4\ SW\1/4\, NE\1/4\
NW\1/4\ Section 15; Section 21; Section 22 except SE\1/4\; Section
23 except E\1/2\ NE\1/4\, SW\1/4\ NE\1/4\; W\1/2\ NW\1/4\ Section
25; Section 27.
T.32S., R.10W. Willamette Meridian: Section 2 except E\1/2\ E\1/
2\; Section 3 except E\1/2\ NE\1/4\, SW\1/4\ NE\1/4\, SW\1/4\ SW\1/
4\; E\1/2\ SE\1/4\, SE\1/4\ NE\1/4\ Section 4; S\1/2\ Section 7;
SW\1/4\ SW\1/4\, E\1/2\ SE\1/4\, NE\1/4\ NE\1/4\, S\1/2\ NE\1/4\
Section 8; Section 9 except SE\1/4\, S\1/2\ NE\1/4\; Section 10;
Section 11 except E\1/2\ E\1/2\, W\1/2\ SE\1/4\, E\1/2\ SW\1/4\;
N\1/2\ NW\1/4\, W\1/2\ SW\1/4\, SW\1/4\ NW\1/4\ Section 15; Sections
16-17; Section 18 except E\1/2\ SE\1/4\, SE\1/4\ NE\1/4\; Section 19
except S\1/2\ NW\1/4\, NE\1/4\ NW\1/4\, NW\1/4\ NE\1/4\, E\1/2\
SE\1/4\, SW\1/4\ SE\1/4\; Section 20-21; W\1/2\ NW\1/4\ Section 22.
T.32S., R.11W. Willamette Meridian: SE\1/4\ Section 1; N\1/2\
N\1/2\, SW\1/4\ NW\1/4\ Section 4; Section 5; N\1/2\, NE\1/4\ SE\1/
4\ Section 6; NE\1/4\ SE\1/4\ Section 7; Section 8 except SW\1/4\
NW\1/4\; W\1/2\ Section 9; Section 12 except SW\1/4\ SW\1/4\;
Section 13; SE\1/4\, E\1/2\ SW\1/4\ Section 14; W\1/2\ Section 16;
Section 17; Section 18 except N\1/2\ NW\1/4\, E\1/2\ SW\1/4\, NW\1/
4\ SE\1/4\; Section 19; Section 20 except S\1/2\ SE\1/4\; SE\1/4\
Section 22; Section 23 except SE\1/4\ NE\1/4\, NW\1/4\ NW\1/4\;
Section 24 except S\1/2\ NW\1/4\, N\1/2\ SW\1/4\; Section 25 except
E\1/2\ E\1/2\; Section 26; NE\1/4\ Section 27; E\1/2\, NE\1/4\ SW\1/
4\, S\1/2\ SW\1/4\ Section 28; S\1/2\ S\1/2\, NW\1/4\ NW\1/4\, NW\1/
4\ SW\1/4\ Section 29; Sections 30-34; Section 35 except NE\1/4\
NE\1/4\; W\1/2\ W\1/2\ Section 36.
T.32S., R.12W. Willamette Meridian: E\1/2\ NE\1/4\, N\1/2\ SE\1/
4\, SW\1/4\ SE\1/4\ Section 1; W\1/2\ NW\1/4\ Section 2; Section 3;
Section 10; E\1/2\ SE\1/4\, SE\1/4\ NE\1/4\ Section 13; W\1/2\,
NW\1/4\ NE\1/4\ Section 15; Sections 19-20; W\1/2\, W\1/2\ NE\1/4\
Section 21; SE\1/4\ SE\1/4\ Section 23; E\1/2\ E\1/2\, S\1/2\ SW\1/
4\ Section 24; Section 25; Section 26 except N\1/2\ NW\1/4\; S\1/2\
S\1/2\, NE\1/4\ SW\1/4\ Section 27; SE\1/4\ SE\1/4\ Section 28; N\1/
2\ NW\1/4\, SW\1/4\ NW\1/4\ Section 29; Section 30 except SE\1/4\
SE\1/4\; W\1/2\, W\1/2\ E\1/2\, S\1/2\ SE\1/4\ Section 31; E\1/2\,
E\1/2\ SW\1/4\ Section 33; Sections 34-36.
T.32S., R.13W. Willamette Meridian: Section 4 except N\1/2\ N\1/
2\; S\1/2\ Section 5; S\1/2\, SE\1/4\ NE\1/4\ Section 6; N\1/2\ N\1/
2\, SE\1/4\ NE\1/4\, S\1/2\ S\1/2\, NE\1/4\ SE\1/4\ Section 7;
Section 8; Sections 22-23; S\1/2\, S\1/2\ N\1/2\ Section 24;
Sections 25-27; E\1/2\ NE\1/4\, NE\1/4\ SE\1/4\ Section 31; Sections
32-36.
T.32S., R.14W. Willamette Meridian: N\1/2\ Section 17; W\1/2\
SW\1/4\, SE\1/4\ SW\1/4\ Section 19; NE\1/4\, N\1/2\ SE\1/4\ Section
22; Section 23 except S\1/2\ S\1/2\, NE\1/4\ SE\1/4\; Section 24
except W\1/2\ SW\1/4\, NW\1/4\ NE\1/4\, NE\1/4\ NW\1/4\; E\1/2\
NE\1/4\, NW\1/4\ NE\1/4\, NE\1/4\ SE\1/4\ Section 25; S\1/2\ Section
29; SE\1/4\, SE\1/4\ SW\1/4\, SE\1/4\ NE\1/4\, NW\1/4\ NW\1/4\
Section 30; Section 31 except W\1/2\ W\1/2\, NE\1/4\ SW\1/4\, E\1/2\
NW\1/4\; Section 32 except SE\1/4\ SE\1/4\.
T.33S., R.11W. Willamette Meridian: Sections 7-8; Section 9
except E\1/2\ NW\1/4\, W\1/2\ NE\1/4\; Sections 10-11; W\1/2\
Section 12; N\1/2\ NE\1/4\ Section 13; Section 14 except SE\1/4\,
SE\1/4\ SW\1/4\; Sections 15-20; Section 21 except SE\1/4\; Section
22 except SE\1/4\ SE\1/4\; W\1/2\ NW\1/4\, NW\1/4\ SW\1/4\ Section
23; N\1/2\ NW\1/4\, SW\1/4\ NW\1/4\ Section 27; S\1/2\ NE\1/4\, N\1/
2\ SE\1/4\, SE\1/4\ SW\1/4\ Section 28; W\1/2\, N\1/2\ NE\1/4\
Section 29; Sections 30-31; Section 32 except N\1/2\ NE\1/4\; NW\1/
4\ NW\1/4\ Section 33.
[[Page 26307]]
T.33S., R.12W. Willamette Meridian: Section 7 except W\1/2\
SW\1/4\; Section 8; W\1/2\ SW\1/4\, SE\1/4\, W\1/2\ NW\1/4\ Section
9; Section 10 except N\1/2\ NW\1/4\; Sections 11-32; Section 33
except E\1/2\ SE\1/4\; Section 34 except N\1/2\ SW\1/4\; Sections
35-36.
T.33S., R.13W. Willamette Meridian: E\1/2\ Section 8; Sections
9-11; Section 12 except SE\1/4\ SE\1/4\; Section 13 except N\1/2\
NE\1/4\, NE\1/4\ NW\1/4\, SW\1/4\ NW\1/4\, NW\1/4\ SW\1/4\; Section
14 except S\1/2\ S\1/2\, NE\1/4\ SW\1/4\; SW\1/4\, E\1/2\ NE\1/4\,
NW\1/4\ NW\1/4\ Section 15; S\1/2\, S\1/2\ NW\1/4\ Section 16; SE\1/
4\, SE\1/4\ NE\1/4\ Section 17; Sections 19-20; Section 21 except
SE\1/4\; E\1/2\ NE\1/4\ Section 22; Section 23 except SW\1/4\ SW\1/
4\, N\1/2\ NW\1/4\, NW\1/4\ NE\1/4\; Sections 24-25; S\1/2\ SE\1/4\,
SE\1/4\ SW\1/4\ Section 26; NW\1/4\ Section 28; Section 29 except
S\1/2\ SW\1/4\, SE\1/4\; Section 30 except S\1/2\ SE\1/4\; NW\1/4\,
N\1/2\ SW\1/4\ Section 31; E\1/2\ NE\1/4\, SE\1/4\ Section 34;
Sections 35-36.
T.33S., R.14W. Willamette Meridian: Section 7 except N\1/2\ N\1/
2\, S\1/2\ NE\1/4\, E\1/2\ SE\1/4\, NW\1/4\ SW\1/4\, SW\1/4\ NW\1/
4\; S\1/2\ SE\1/4\ Section 13; SW\1/4\ SW\1/4\ Section 15; S\1/2\
SE\1/4\, NW\1/4\, NW\1/4\ SW\1/4\, NW\1/4\ SE\1/4\ Section 17; SE\1/
4\ Section 18; NW\1/4\, N\1/2\ NE\1/4\, SE\1/4\ NE\1/4\ Section 20;
Section 21 except NW\1/4\ NW\1/4\, SW\1/4\; Section 22 except SW\1/
4\, E\1/2\ NE\1/4\; Section 23 except N\1/2\ N\1/2\, SW\1/2\ NE\1/
4\; Sections 24-28; Section 29 except NW\1/4\; Sections 32-35;
Section 36 except NW\1/4\, E\1/2\ SE\1/4\.
T.34S., R.11W. Willamette Meridian: NW\1/4\, NW\1/4\ NE\1/4\
Section 4; Sections 5-6; Section 7 except NE\1/4\ SE\1/4\; NW\1/4\
NW\1/4\, E\1/2\ NE\1/4\, SW\1/4\ NE\1/4\ Section 8; W\1/2\ NW\1/4\
Section 9; NE\1/4\ Section 18; N\1/2\ NW\1/4\, SW\1/4\ NW\1/4\,
NW\1/4\ SW\1/4\, SE\1/4\ Section 19; NE\1/4\, E\1/2\ NW\1/4\ Section
30; W\1/2\ SW\1/4\, SW\1/4\ NW\1/4\ Section 31.
T.34S., R.12W. Willamette Meridian: Sections 1-3; Section 4
except W\1/2\ SW\1/4\; Section 5 except S\1/2\ S\1/2\; Section 6
except N\1/2\ NE\1/4\; Section 7 except E\1/2\ NE\1/4\, SE\1/4\;
SE\1/4\ Section 8; Sections 9-36.
T.34S., R.13W. Willamette Meridian: Sections 1-2; NE\1/4\, N\1/
2\ SE\1/4\, E\1/2\ NW\1/4\ Section 3; Sections 11-14; E\1/2\ Section
15; SW\1/4\, W\1/2\ SE\1/4\ Section 17; Section 20 except NW\1/4\
SW\1/4\, S\1/2\ SW\1/4\; Section 21 except NW\1/4\ NW\1/4\; Section
22 except NW\1/4\ NE\1/4\; Section 23 except NW\1/4\ NW\1/4\;
Sections 24-26; N\1/2\, NE\1/4\ SE\1/4\ Section 27.
T.35S., R.11W. Willamette Meridian: SW\1/4\, W\1/2\ NW\1/4\
Section 6; NW\1/4\ Section 7; S\1/2\ SW\1/4\ Section 18; N\1/2\
NW\1/4\, NE\1/4\ SW\1/4\ Section 19; Section 31; W\1/2\ Section 32.
T.35S., R.12W. Willamette Meridian: Sections 1-4; Section 5
except SW\1/4\ SW\1/4\, NE\1/4\ SW\1/4\; Section 6 except SE\1/4\
SE\1/4\, SW\1/4\ SW\1/4\; SE\1/4\ SW\1/4\, E\1/2\ Section 7;
Sections 8-9; N\1/2\, NW\1/4\ SW\1/4\ Section 10; N\1/2\ N\1/2\,
SW\1/4\ NW\1/4\, SW\1/4\ SE\1/4\ Section 11; NE\1/4\ NE\1/4\ Section
12; Section 13 except SE\1/4\ NE\1/4\, NE\1/4\ SE\1/4\, N\1/2\ N\1/
2\; Section 14; Section 15 except NW\1/4\; SE\1/4\ SE\1/4\, W\1/2\
NE\1/4\, NW\1/4\, N\1/2\ SW\1/4\ Section 16; Sections 17-19; Section
20 except E\1/2\ NE\1/4\, N\1/2\ SE\1/4\; Section 21 except NW\1/4\,
NW\1/4\ NE\1/4\, NW\1/4\ SW\1/4\; Sections 22-28; Section 29 except
N\1/2\ NW\1/4\, SW\1/4\ NW\1/4\, W\1/2\ NE\1/4\; Section 30 except
SE\1/4\ NE\1/4\, SE\1/4\, SE\1/4\ SW\1/4\; Section 32 except SW\1/4\
SW\1/4\; Sections 33-36.
Description of Lands Using Protracted Public Land Survey Lines
Critical Habitat includes only Federal lands designated as Late
Successional Reserves described within the following areas:
T.32S., R.13W. Willamette Meridian: Sections 18-21; Sections 28-
29; N\1/2\, NW\1/4\ SW\1/4\ Section 30.
[GRAPHIC] [TIFF OMITTED] TR24MY96.067
[[Page 26308]]
Map and description of OR-07-b taken from United States Fish and
Wildlife Service 1:100,000 map; Port Orford and Gold Beach, Oregon;
1995.
Critical Habitat includes only Federal lands designated as Late
Successional Reserves described within the following areas:
T.35S., R.12W. Willamette Meridian: Section 31 except E\1/2\
E\1/2\, N\1/2\ N\1/2\, SW\1/4\ NW\1/4\.
T.35S., R.13W. Willamette Meridian: NW\1/4\, N\1/2\ NE\1/4\,
S\1/2\ SE\1/4\, S\1/2\ SW\1/4\, NW\1/4\ SW\1/4\ Section 31; N\1/2\
N\1/2\ Section 32; N\1/2\ Section 33; N\1/2\, NE\1/4\ SE\1/4\
Section 34; Section 35; W\1/2\, NW\1/4\ NE\1/4\ Section 36.
T.36S., R.12W. Willamette Meridian: Sections 1-4; NE\1/4\, E\1/
2\ SE\1/4\, SE\1/4\ NW\1/4\, N\1/2\ NW\1/4\, NW\1/4\ SE\1/4\ Section
5; E\1/2\ E\1/2\, W\1/2\ SE\1/4\, SW\1/4\ NE\1/4\ Section 8;
Sections 9-17; S\1/2\ SE\1/4\ Section 18; NE\1/4\, E\1/2\ SE\1/4\
Section 19; Sections 20-23; Section 24 except SE\1/4\ SE\1/4\; N\1/
2\ NW\1/4\ Section 25; Section 26 except N1/2 SE1/4; Sections 27-29;
NE\1/4\, E\1/2\ SE\1/4\, NW\1/4\ SE\1/4\, E\1/2\ NW\1/4\ Section 30;
SE\1/4\, E\1/2\ SW\1/4\, E\1/2\ NE\1/4\, SW\1/4\ SW\1/4\ Section 31;
Sections 32-35; SW\1/4\, W\1/2\ NW\1/4\ Section 36.
T.36S., R.13W. Willamette Meridian: S\1/2\ S\1/2\, E\1/2\ NE\1/
4\, NE\1/4\ SE\1/4\, N\1/2\ NW\1/4\ Section 1; SW\1/4\, S\1/2\ SE\1/
4\, NE\1/4\ NE\1/4\ Section 2; Section 3; NE\1/4\, N\1/2\ SE\1/4\,
N\1/2\ NW\1/4\ Section 4; Section 5; NW\1/4\, SE\1/4\, NE\1/4\ SW\1/
4\, E\1/2\ NE\1/4\, SW\1/4\ NE\1/4\ Section 6; N\1/2\, SW\1/4\ SE\1/
4\, NW\1/4\ SW\1/4\ Section 7; Section 8 except SE\1/4\ NE\1/4\,
NE\1/4\ SE\1/4\; Section 9 except NW\1/4\ NE\1/4\, NE\1/4\ NW\1/4\,
SW\1/4\ NW\1/4\, NW\1/4\ SW\1/4\; Sections 10-11; Section 12 except
E\1/2\ SE\1/4\, SE\1/4\ NE\1/4\; Section 13 except SE\1/4\, E\1/2\
SW\1/4\; Section 14 except SW\1/4\; Section 15 except W\1/2\ NW\1/
4\, NW\1/4\ SW\1/4\; N\1/2\ NE\1/4\, SW\1/4\, S\1/2\ SE\1/4\ Section
17; E\1/2\, E\1/2\ SW\1/4\ Section 18; E\1/2\ SE\1/4\, NE\1/4\, S\1/
2\ SW\1/4\, NE\1/4\ NW\1/4\ Section 19; NW\1/4\, SW\1/4\ NE\1/4\
Section 20; E\1/2\, NE\1/4\ SW\1/4\ Section 22; Section 23; Section
24 except NE\1/4\; Sections 25-26; Section 27 except N\1/2\ NW\1/4\,
SW\1/4\ NW\1/4\; SE\1/4\ SE\1/4\, NW\1/4\ NW\1/4\ Section 28;
Sections 29-32; W\1/2\ W\1/2\, E\1/2\ E\1/2\ Section 33; Section 34;
N\1/2\, W\1/2\ SW\1/4\ Section 35; N\1/2\ N\1/2\ Section 36.
T.36S., R.12 \1/2\W. Willamette Meridian: Section 1 except SE\1/
4\ NE\1/4\, SE\1/4\; S\1/2\, NW\1/4\ Section 12; NW\1/4\, N\1/2\
NE\1/4\ Section 13; W\1/2\ Section 24; W\1/2\ Section 25; W\1/2\
NW\1/4\ Section 36.
T.37S., R.12W. Willamette Meridian: NW\1/4\ NW\1/4\ Section 1;
Section 2 except SE\1/4\, SE\1/4\ SW\1/4\; Section 3 except NW\1/4\
SW\1/4\; Section 4 except NE\1/4\ SE\1/4\; N\1/2\ N\1/2\, S\1/2\
NW\1/4\ Section 5; Section 6 except S\1/2\, SE\1/4\ NW\1/4\; NE\1/
4\, E\1/2\ SE\1/4\, N\1/2\ NW\1/4\ Section 9; W\1/2\, NW\1/4\ NE\1/
4\ Section 10.
T.37S., R.13W. Willamette Meridian: W\1/2\, N\1/2\ NE\1/4\
Section 5; Sections 6-8; W\1/2\ W\1/2\, NE\1/4\ SW\1/4\, SE\1/4\
NW\1/4\ Section 9; W\1/2\, W\1/2\ NE\1/4\, NE\1/4\ NE\1/4\ Section
17; Section 18; N\1/2\ NE\1/4\, NW\1/4\, W\1/2\ SW\1/4\ Section 19;
NW\1/4\ NW\1/4\ Section 20; NW\1/4\ NW\1/4\ Section 30.
T.37S., R.14W. Willamette Meridian: Section 1 except SW\1/4\
SW\1/4\; E\1/2\ SE\1/4\, NE\1/4\ Section 2; E\1/2\ Section 11;
Section 12 except W\1/2\ NW\1/4\, N\1/2\ SW\1/4\; SE\1/4\, N\1/2\
N\1/2\ Section 13; Section 24 except NW\1/4\ NE\1/4\.
T.37S., R.12 \1/2\W. Willamette Meridian: Section 1 except N\1/
2\ NW\1/4\, S\1/2\ SW\1/4\.
[GRAPHIC] [TIFF OMITTED] TR24MY96.068
Map and description of OR-07-c taken from United States Fish and
Wildlife Service 1:100,000 map; Gold Beach, Oregon; 1995.
Critical Habitat includes only Federal lands designated as Late
Successional Reserves described within the following areas:
T.37S., R.12W. Willamette Meridian: E\1/2\ SW\1/4\, W\1/2\ SE\1/
4\, SE\1/4\ SE\1/4\ Section 17; SE\1/4\ SE\1/4\ Section 18; Section
19 except N\1/2\ NW\1/4\; Section 20; W\1/2\ W\1/2\ Section 21; S\1/
2\ SE\1/4\, SW\1/4\, NW\1/4\, NW\1/4\ SE\1/4\ Section 28; Sections
29-33; W\1/2\, NW\1/4\ SE\1/4\, SW\1/4\ NE\1/4\ Section 34; S\1/2\
SE\1/4\, SE\1/4\ SW\1/4\ Section 35.
T.37S., R.13W. Willamette Meridian: SE\1/4\, E\1/2\ SW\1/4\,
S\1/2\ NE\1/4\ Section 24; Section 25; Section 26 except NE\1/4\
NW\1/4\, NW\1/4\ NE\1/4\; E\1/2\ E\1/2\ Section 27; SE\1/4\, E\1/2\
NE\1/4\, E\1/2\ SW\1/4\ Section 34; Sections 35-36.
T.37S., R.12 \1/2\W. Willamette Meridian: Section 24 except
NW\1/4\ NW\1/4\; Sections 24-25; Section 36.
T.37 \1/2\S. R.11W. Willamette Meridian: W\1/2\ SW\1/4\, SW\1/4\
NW\1/4\ Section 31.
T.37 \1/2\S. R.12.W. Willamette Meridian: Section 25 except E\1/
2\; Section 26 except E\1/2\ NW\1/4\; Sections 27-32; Section 33
except S\1/2\ SW\1/4\; Sections 34-35; Section 36 except N\1/2\
NE\1/4\.
T.38S., R.11W. Willamette Meridian: Section 6 except N\1/2\
NE\1/4\, S\1/2\ SE\1/4\, NE\1/4\ SE\1/4\; W\1/2\, W\1/2\ SE\1/4\,
Section 7; NW\1/4\, W\1/2\ SW\1/4\, NW\1/4\ NE\1/4\ Section 18.
T.38S., R.12W. Willamette Meridian: Sections 1-2; Section 3
except W\1/2\ SW\1/4\, SE\1/4\ SW\1/4\; NE\1/4\ NE\1/4\ Section 4;
NW\1/4\, W\1/2\ NE\1/4\ Section 5; Section 6; N\1/2\ NW\1/4\ Section
7; S\1/2\ S\1/2\, NE\1/4\, N\1/2\ SE\1/4\, NE\1/4\ SW\1/4\ Section
9; Sections 10-12; N\1/2\ N\1/2\, S\1/2\ NE\1/4\, NW\1/4\ SE\1/4\
Section 13; N\1/2\, N\1/2\ S\1/2\ Section 14; Sections 15-16; E\1/2\
SE\1/4\ Section 17; E\1/2\ E\1/2\ Section 20; Section 21; W\1/2\
W\1/2\, NE\1/4\ NW\1/4\, NW\1/4\ NE\1/4\ Section 22; W\1/2\ Section
27; Section 28; Section 29 except NW\1/4\ NW\1/4\; S\1/2\ SE\1/4\
Section 30; N\1/2\ NE\1/4\ Section 31; Section 32; Section 33 except
S\1/2\ SE\1/4\; W\1/2\ NW\1/4\, NW\1/4\ SW\1/4\ Section 34.
T.38S., R.13W. Willamette Meridian: Sections 1-2; SE\1/4\ SE\1/
4\ Section 3; E\1/2\ E\1/2\, SW\1/4\ SE\1/4\ Section 10; Sections
11-13; Section 14 except S\1/2\ SW\1/4\, SW\1/4\ SE\1/4\; NE\1/4\
Section 15; N\1/2\ N\1/2\ Section 24.
T.39S., R.12W. Willamette Meridian: N\1/2\ NW\1/4\, SE\1/4\
NW\1/4\, NE\1/4\ SW\1/4\, NE\1/4\ NE\1/4\ Section 5.
[GRAPHIC] [TIFF OMITTED] TR24MY96.069
Map and description of OR-07-d taken from United States Fish and
Wildlife Service 1:100,000 map; Gold Beach and Grants Pass, Oregon;
1995.
Critical Habitat includes only Federal lands designated as Late
Successional Reserves described within the following areas:
T.38S., R.11W. Willamette Meridian: S\1/2\ SE\1/4\, NE\1/4\
SE\1/4\, SE\1/4\ NE\1/4\ Section 31.
T.39S., R.11W. Willamette Meridian: SW\1/4\, SW\1/4\ SE\1/4\
Section 4; S\1/2\, S\1/2\ NW\1/4\ Section 5; E\1/2\, E\1/2\ W\1/2\
Section 6; Section 7 except NW\1/4\ NW\1/4\; Section 8 except SW\1/
4\ SW\1/4\; Section 9; W\1/2\ W\1/2\, E\1/2\ SW\1/4\ Section 10;
NW\1/4\, SW\1/4\ SW\1/4\ Section 15; Section 16 except NW\1/4\ SW\1/
4\, SW\1/4\ NW\1/4\; N\1/2\ NE\1/4\, SE\1/4\ SW\1/4\, S\1/2\ SE\1/4\
Section 17; Section 18 except N\1/2\ NE\1/4\; Sections 19-20;
Section 21 except SE\1/4\ SE\1/4\; W\1/2\ NW\1/4\ Section 22; NW\1/
4\ NW\1/4\, W\1/2\ SW\1/4\, SE\1/4\ SW\1/4\, SW\1/4\ SE\1/4\ Section
29; Sections 30-32; SW\1/4\, S\1/2\ NW\1/4\, W\1/2\ SE\1/4\ Section
33.
T.39S., R.12W. Willamette Meridian: S\1/2\ S\1/2\ Section 1;
S\1/2\ S\1/2\, N\1/2\ SE\1/4\ Section 2; S\1/2\ Section 3; Section
10 except SE\1/4\ SE\1/4\; Section 11 except S\1/2\ SW\1/4\; Section
12; Section 13 except SW\1/4\, SW\1/4\ NW\1/4\; NE\1/4\ NE\1/4\
Section 14; W\1/2\, W\1/2\ E\1/2\, E\1/2\ SE\1/4\ Section 19; S\1/
2\, E\1/2\ NE\1/4\ Section 20; Section 21; S\1/2\ S\1/2\, NW\1/4\
SW\1/4\, W\1/2\ NW\1/4\, NE\1/4\ SE\1/4\ Section 22; S\1/2\, S\1/2\
N\1/2\ Section 23; Sections 24-36.
T.39S., R.13W. Willamette Meridian: Section 33.
T.40S., R.09W. Willamette Meridian: SW\1/4\ Section 4; S\1/2\,
S\1/2\ NW\1/4\ Section 5; SE\1/4\, SE\1/4\ NE\1/4\ Section 6;
Section 7 except S\1/2\ SE\1/4\; Section 8 except S\1/2\ S\1/2\;
N\1/2\ NW\1/4\, SW\1/4\ NW\1/4\ Section 9; W\1/2\ NW\1/4\, NE\1/4\
NW\1/4\ Section 18; Section 19 except E\1/2\ NW\1/4\, NE\1/4\ SW\1/
4\; SW\1/4\, S\1/2\ NW\1/4\ Section 20; S\1/2\ SE\1/4\ Section 21;
Section 27 except NE\1/4\ NE\1/4\; Section 28; SE\1/4\, SE\1/4\
SW\1/4\, SE\1/4\ NE\1/4\, NE\1/4\ NW\1/4\ Section 29; Section 30
except E\1/2\ SE\1/4\, SE\1/4\ NE\1/4\, SW\1/4\ SE\1/4\, SE\1/4\
SW\1/4\; S\1/2\, W\1/2\ NW\1/4\ Section 31; Section 32 except NW\1/
4\ NW\1/4\; Section 33; Section 34 except E\1/2\ SE\1/4\, SE\1/4\
NE\1/4\, SW\1/4\ SE\1/4\.
[[Page 26309]]
T.40S., R.10W. Willamette Meridian: SW\1/4\ SW\1/4\ Section 1;
SE\1/4\, S\1/2\ SW\1/4\, E\1/2\ NE\1/4\ Section 2; S\1/2\ SW\1/4\
Section 3; SE\1/4\ SE\1/4\ Section 4; SE\1/4\, S\1/2\ NE\1/4\
Section 8; Section 9 except N\1/2\ NW\1/4\; Sections 10-11; Section
12 except NW\1/4\ NE\1/4\; Sections 13-16; Section 17 except N\1/2\
NW\1/4\, SW\1/4\ NW\1/4\; Section 19 except NW\1/4\, NW\1/4\ SW\1/
4\, NW\1/4\ NE\1/4\; Sections 20-36.
T.40S., R.11W. Willamette Meridian: N\1/2\ NW\1/4\, SW\1/4\
NW\1/4\, NW\1/4\ NE\1/4\ Section 4; Sections 5-8; W\1/2\ NW\1/4\,
S\1/2\ SE\1/4\, SW\1/4\ Section 9; Section 16 except E\1/2\ E\1/2\;
Sections 17-21; E\1/2\ SE\1/4\, SW\1/4\ SE\1/4\ Section 25; Section
27 except E\1/2\, NE\1/4\ NW\1/4\; Sections 28-33; W\1/2\ Section
34; SE\1/4\ SE\1/4\, SE\1/4\ NE\1/4\ Section 35; Section 36.
T.40S., R.12W. Willamette Meridian: Sections 1-30; Section 31
except W\1/2\ SW\1/4\, SW\1/4\ NW\1/4\; Sections 32-36.
T.40S., R.13W. Willamette Meridian: Section 4 except SE\1/4\
SE\1/4\; W\1/2\, NW\1/4\ NE\1/4\, S\1/2\ SE\1/4\, NE\1/4\ SE\1/4\
Section 9; W\1/2\, NE\1/4\ Section 10; SE\1/4\ SW\1/4\ Section 12;
N\1/2\ NW\1/4\ Section 13.
T.41S., R.09W. Willamette Meridian: Sections 4-8; Sections 17-
18.
T.41S., R.10W. Willamette Meridian: Sections 1-18.
T.41S., R.11W. Willamette Meridian: Section 1; Section 2 except
NW\1/4\ NE\1/4\, NE\1/4\ NW\1/4\; Sections 3-15; Sections 17-18.
T.41S., R.12W. Willamette Meridian: Sections 1-4; Section 5
except W\1/2\, SW\1/4\ SE\1/4\; Section 7 except NW\1/4\, W\1/2\
SW\1/4\, NW\1/4\ NE\1/4\; W\1/2\, S\1/2\ SE\1/4\ Section 8; Section
9 except S\1/2\ S\1/2\, NW\1/4\ SW\1/4\; Section 10; Section 11
except SE\1/4\ SW\1/4\, W\1/2\ SW\1/4\; Sections 12-13; Section 14
except NE\1/4\ NW\1/4\, NW\1/4\ NE\1/4\; Section 15; Section 17;
Section 18 except W\1/2\ W\1/2\.
[GRAPHIC] [TIFF OMITTED] TR24MY96.070
Map and description of OR-07-f taken from United States Fish and
Wildlife Service 1:100,000 map; Port Orford, Canyonville, Gold Beach
and Grants Pass, Oregon; 1995.
Critical Habitat includes only Federal lands designated as Late
Successional Reserves described within the following areas:
T.32S., R.09W. Willamette Meridian: Section 34.
T.32S., R.10W. Willamette Meridian: Section 25; E\1/2\, NE\1/4\
NW\1/4\, SE\1/4\ SW\1/4\ Section 26; Section 35 except W\1/2\ NW\1/
4\; Section 36 except SE\1/4\ SW\1/4\, SW\1/4\ SE\1/4\.
T.33S., R.09W. Willamette Meridian: Section 2; Sections 3-4;
Section 5 except SE\1/4\ NW\1/4\, E\1/2\ SW\1/4\; Section 6 except
SE\1/4\; Section 7 except E\1/2\ NW\1/4\, W\1/2\ NE\1/4\; Section 8
except NE\1/4\ NW\1/4\; Sections 9-10; Sections 17-19.
T.33S., R.10W. Willamette Meridian: Section 1 except NE\1/4\,
N\1/2\ SW\1/4\, S\1/2\ NW\1/4\; Section 2 except NE\1/4\ SE\1/4\;
Section 3 except NW\1/4\, N\1/2\ NE\1/4\, SW\1/4\ SW\1/4\, N\1/2\
SW\1/4\; Section 9 except W\1/2\, N\1/2\ NE\1/4\, SW\1/4\ SE\1/4\;
Section 10; Section 11 except NE\1/4\ NW\1/4\; Section 12 except
NW\1/4\, SE\1/4\ NE\1/4\; Sections 13-14; Section 15 except W\1/2\
SW\1/4\; Section 21 except W\1/2\; Sections 22-24; Sections 26-27;
Section 28 except N\1/2\ NW\1/4\; Section 29 except NW\1/4\ SW\1/4\;
SE\1/4\ SE\1/4\ Section 30; Section 31 except W\1/2\, W\1/2\ SE\1/
4\; Sections 32-34.
T.34S., R.10W. Willamette Meridian: Sections 4-5; Section 6
except NW\1/4\ NE\1/4\, N\1/2\ NW\1/4\, SW\1/4\ NW\1/4\; Sections 7-
8; Section 18.
T.34S., R.10 \1/2\W. Willamette Meridian:S\1/2\ Section 7;
Section 18 except NW\1/4\ NW\1/4\; Sections 19; Sections 30-31.
T.34S., R.11W. Willamette Meridian: E\1/2\ SE\1/4\, SE\1/4\
NE\1/4\ Section 11; Section 12 except E\1/4\; Section 13 except
NE\1/4\; E\1/2\ E\1/2\, SW\1/4\ SW\1/4\ Section 14; SE\1/4\ SE\1/4\
Section 15; Section 21 except N\1/2\, E\1/2\ SE\1/4\, NW\1/4\ SW\1/
4\; Section 22 except NW\1/4\, W\1/2\ NE\1/4\, NW\1/4\ SE\1/4\, N\1/
2\ SW\1/4\, SW\1/4\ SW\1/4\; Section 23 except NE\1/4\ NW\1/4\,
NW\1/4\ NE\1/4\; Sections 24-28; S\1/2\ NE\1/4\, SE\1/4\ Section 31;
Section 32 except N\1/2\ NW\1/4\; Sections 33-36.
T.35S., R.10 \1/2\W. Willamette Meridian: Section 6; Section 7
except E\1/2\ E\1/2\, W\1/2\ SE\1/4\, NE\1/4\ SW\1/4\; Section 18
except E\1/2\, E\1/2\ SW\1/4\; NW\1/4\, W\1/2\ SW\1/4\, NW\1/4\
NE\1/4\ Section 19; W\1/2\ SW\1/4\ Section 30; Section 31.
T.35S., R.11W. Willamette Meridian: Sections 1-4; Section 5
except SW\1/4\ SW\1/4\; E\1/2\ NE\1/4\ Section 6; E\1/2\ E\1/2\
Section 7; Sections 8-15; Section 17; E\1/2\ NE\1/4\, NW\1/4\ NE\1/
4\ Section 18; Section 20 except SW\1/4\ NW\1/4\, W\1/2\ SW\1/4\;
Section 21 except SW\1/4\ NE\1/4\; Sections 22-28; NE\1/4\ NW\1/4\,
E\1/2\ E\1/2\ Section 29; Section 33 except W\1/2\ SW\1/4\; Sections
34-36.
T.36S., R.11W. Willamette Meridian: Sections 2-3; N\1/2\ N\1/2\,
SE\1/4\ NE\1/4\, E\1/2\ SE\1/4\ Section 4; NE\1/4\ NW\1/4\, N\1/2\
NE\1/4\ Section 5; E\1/2\ E\1/2\ Section 9; Sections 10-11; Section
15; E\1/2\ E\1/2\ Section 16.
[GRAPHIC] [TIFF OMITTED] TR24MY96.071
Map and description of OR-07-g taken from United States Fish and
Wildlife Service 1:100,000 map; Canyonville, Oregon; 1995.
Critical Habitat includes only Federal lands designated as Late
Successional Reserves described within the following areas:
T.31S., R.09W. Willamette Meridian: Section 19 except NW\1/4\
NW\1/4\, SW\1/4\ SW\1/4\, SW\1/4\ SE\1/4\; Section 29; Section 31;
Section 33 except NE\1/4\ NE\1/4\.
[GRAPHIC] [TIFF OMITTED] TR24MY96.072
Map and description of CA-01-a taken from United States Fish and
Wildlife Service 1:100,000 map; Grants Pass, Oregon; Crescent City and
Happy Camp, California; 1995.
Critical Habitat includes only Federal lands designated as Late
Successional Reserves described within the following areas:
T.18N., R.01E. Humboldt Meridian: NW\1/4\ NW\1/4\ Section 1;
W\1/2\, NE\1/4\, NW\1/4\ SE\1/4\ Section 2; Section 3; E\1/2\
Section 4; NE\1/4\, E\1/2\ SE\1/4\ Section 9; Section 10; W\1/2\
NE\1/4\, NW\1/4\, SW\1/4\, Section 11; W\1/2\ Section
FR Doc. 96-12647 Endangered and Threatened Wildlife and Plants; Final Designation of Critical Habitat for the Marbled Murrelet
14; Section
15; NE\1/4\ NE\1/4\ Section 16; Section 22; NW\1/4\, NW \1/4\ SW\1/
4\ Section 23; N\1/2\, N\1/2\ SW\1/4\, NW\1/4\ SE\1/4\ Section 27.
T.19N., R.01E. Humboldt Meridian: Section 33 except W\1/2\ SW\1/
4\; Sections 34-35; Section 36 except SE\1/4\ SE\1/4\.
[GRAPHIC] [TIFF OMITTED] TR24MY96.073
Map and description of CA-01-b taken from United States Fish and
[[Page 26310]]
Wildlife Service 1:100,000 map; Crescent City and Happy Camp,
California; 1995.
Critical Habitat includes only Federal lands designated as Late
Successional Reserves described within the following areas:
T.17N., R.02E. Humboldt Meridian: SW\1/4\ SE\1/4\, SE\1/4\ SW\1/
4\ Section 29; Section 31 except N\1/2\ NW\1/4\, SW\1/4\ NW\1/4\;
W\1/2\, W\1/2\ NE\1/4\ Section 32.
T.17N., R.01E. Humboldt Meridian: S\1/2\ SW\1/4\ Section 35;
SE\1/4\, SE\1/4\ SW\1/4\ Section 36.
T.16N., R.03E. Humboldt Meridian: S\1/2\ SW\1/4\, NW\1/4\ SW\1/
4\, SW\1/4\ SE\1/4\ Section 17; SE\1/4\, E\1/2\ SW\1/4\, SW\1/4\
SW\1/4\, S\1/2\ NE\1/4\, SE\1/4\ NW\1/4\ Section 18; Sections 19-20;
SW\1/4\, S\1/2\ NW\1/4\, Section 21; W\1/2\ SW\1/4\, SW\1/4\ NW\1/4\
Section 27; Section 28 except NE\1/4\ NE\1/4\; Sections 29-33; S\1/
2\ NW\1/4\, SW\1/4\, W\1/2\ SE\1/4\, SE\1/4\ SE\1/4\ Section 34.
T.16N., R.02E. Humboldt Meridian: W\1/2\, SW\1/4\ SE\1/4\
Section 5; Sections 6-8; W\1/2\ Section 9; W\1/2\ NW\1/4\, SW\1/4\,
S\1/2\ SE\1/4\ Section 16; Section 17; Section 18 except W\1/2\
NW\1/4\, SE\1/4\ NW\1/4\; Sections 19-21; Section 22 except N\1/2\
NE\1/4\, SE\1/4\ NE\1/4\; SW\1/4\ SW\1/4\ Section 23; S\1/2\, S\1/2\
NE\1/4\, NE\1/4\ NE\1/4\ Section 25; Section 26 except NE\1/4\ NE\1/
4\; Sections 27-29; N\1/2\ N\1/2\, SE\1/4\ NE\1/4\ Section 30;
Section 32 except SW\1/4\; Sections 33-36.
T.16N., R.01E. Humboldt Meridian: Sections 1-2; SE\1/4\, E\1/2\
NE\1/4\ Section 3; NE\1/4\, SW\1/4\ NW\1/4\, NE\1/4\ NW\1/4\ Section
10; N\1/2\, SE\1/2\ SE\1/4\, N\1/2\ S\1/2\ Section 11; Section 12;
S\1/2\ SE\1/4\ Section 13; NE\1/4\ Section 24.
T.15N., R.03E. Humboldt Meridian: Sections 2-6; N\1/2\, N\1/2\
SW\1/4\ Section 7; SE\1/4\, S\1/2\ SW\1/4\, NE\1/4\ SW\1/4\ Section
8; Sections 9-10; W\1/2\, W\1/2\ NE\1/4\ Section 11; SW\1/4\ SW\1/4\
Section 13; Section 14 except N\1/2\ NE\1/4\, SE\1/4\ NE\1/4\;
Sections 15-17; Section 18 except NW\1/4\, NW\1/4\ SW\1/4\; NE\1/4\,
NE\1/4\ NW\1/4\ Section 19; Section 20 except SW\1/4\; Sections 21-
23; W\1/2\ NW\1/4\, NW\1/4\ SW\1/4\ Section 24; Section 27 except
E\1/2\ E\1/2\, SW\1/4\ SW\1/4\; Section 28 except S\1/2\, SW\1/4\
NE\1/4\, SE\1/4\ NW\1/4\; NE\1/4\, NW\1/4\ SE\1/4\, NE\1/4\ SW\1/4\,
E\1/2\ NW\1/4\ Section 29.
T.15N., R.02E. Humboldt Meridian: Sections 1-3; N\1/2\ NW\1/4\,
NE\1/4\, E\1/2\ SE\1/4\ Section 4; NE\1/4\ NE\1/4\ Section 5;
Section 10 except W\1/2\ SW\1/4\; Sections 11-12; Section 13 except
E\1/2\ NE\1/4\, SE\1/4\; Section 14; NE\1/4\, E\1/2\ SE\1/4\, NW\1/
4\ SE\1/4\ Section 15; E\1/2\ SE\1/4\ Section 22; Section 23 except
SE\1/4\ NE\1/4\, SW\1/4\ SE\1/4\; SW\1/4\ Section 24; Section 25
except E\1/2\ NE\1/4\; Section 26 except NE\1/4\ NE\1/4\; S\1/2\,
S\1/2\ N\1/2\ Section 27; SE\1/4\, SE\1/4\ SW\1/4\, S\1/2\ NE\1/4\
Section 28; Section 33-34; Section 35 except E\1/2\ E\1/2\.
T.14N., R.02E. Humboldt Meridian: N\1/2\ NW\1/4\, W\1/2\ W\1/2\,
NW\1/4\ NE\1/4\ Section 2; Section 3; N\1/2\ N\1/2\, E\1/2\ E\1/2\
Section 4; E\1/2\ E\1/2\ Section 9; Section 10; NW\1/4\, N\1/2\
SW\1/4\, W\1/2\ NE\1/4\, NW\1/4\ SE\1/4\ Section 11; NW\1/4\ NW\1/4\
Section 14; N\1/2\ N\1/2\ Section 15.
Description of Lands Using Protracted Public Land Survey Lines
Critical Habitat includes only Federal lands designated as Late
Successional Reserves described within the following areas:
T.14N., R.03E. Humboldt Meridian: SE\1/4\ SE\1/4\ Section 21;
SW\1/4\ SW\1/4\ Section 22; W\1/2\ SW\1/4\, W\1/2\ NE\1/4\, NW\1/4\
Section 27; Section 28 except NW\1/4\; SE\1/4\ SE\1/4\ Section 29;
E\1/2\ Section 33 except W\1/2\ W\1/2\, E\1/2\ SW\1/4\, SW\1/4\
SE\1/4\; W\1/2\ W\1/2\ Section 34.
T.13N., R.03E. Humboldt Meridian: NW\1/4\ NW\1/4\ Section 3.
[GRAPHIC] [TIFF OMITTED] TR24MY96.074
Map and description of CA-01-c taken from United States Fish and
Wildlife Service 1:100,000 map; Happy Camp and Hoopa, California; 1995.
Critical Habitat includes only Federal lands designated as Late
Successional Reserves described within the following areas:
T. 11N., R.06E. Humboldt Meridian: N\1/2\ NW\1/4\, SW\1/4\ NW\1/
4\, W\1/2\ SW\1/4\ Section 30.
T. 11N., R.05E. Humboldt Meridian: W\1/2\ NE\1/4\, NW\1/4\, E\1/
2\ SW\1/4\, W\1/2\ SE\1/4\ Section 36.
Description of Lands Using Protracted Public Land Survey Lines
Critical Habitat includes only Federal lands designated as Late
Successional Reserves described within the following areas:
T. 14N., R.05E. Humboldt Meridian: S\1/2\ Section 7; Section 18
except E\1/2\ SE\1/4\, SE\1/4\ NE\1/4\; W\1/2\, NW\1/4\ NE\1/4\
Section 19; W\1/2\ SW\1/4\, NW\1/4\ NW\1/4\ Section 30; Section 31
except NE\1/4\, NE\1/4\ NW\1/4\; SW\1/4\ SW\1/4\ Section 32.
T. 14N., R.04E. Humboldt Meridian: SE\1/4\, SE\1/4\ SW\1/4\
Section 12; Section 13 except W\1/2\ W\1/2\, Sections 24-25; E\1/2\
NE\1/4\ Section 26; SE\1/4\, E\1/2\ NE\1/4\ Section 35; Section 36.
T. 13N., R.05E. Humboldt Meridian: SW\1/4\, W\1/2\ NW\1/4\,
NE\1/4\ NW\1/4\, W\1/2\ SE\1/4\ Section 5; Sections 6-7; Section 8
except NE\1/4\, NE\1/4\ SE\1/4\; S\1/2\ S\1/2\ Section 9; E\1/2\
SW\1/4\, SW\1/4\ SW\1/4\, W\1/2\ SE\1/4\ Section 10; NW\1/4\, N\1/2\
SW\1/4\, W\1/2\ NE\1/4\, NW\1/4\ SE\1/4\, SE\1/4\ SE\1/4\ Section
15; Section 16 except SE\1/4\ SE\1/4\; Sections 17-21; Section 22
except SE\1/4\ SE\1/4\; N\1/2\ NW\1/4\ Section 27; N\1/2\ NW\1/4\,
NW\1/4\ NE\1/4\ Section 28; Section 29 except E\1/2\ SE\1/4\;
Sections 30-31, Section 32 except E\1/2\ NE\1/4\; S\1/2\ SE\1/4\
Section 35; SW\1/4\, W\1/2\ SE\1/4\, SE\1/4\ SE\1/4\ Section 36.
T. 13N., R.04E. Humboldt Meridian: Section 1; Section 2 except
NW\1/4\; S\1/2\ SE\1/4\ Section 3; SE\1/4\ SE\1/4\ Section 9;
Section 10 except NW\1/4\ NW\1/4\; Sections 11-15; E\1/2\ E\1/2\
Section 16; SE\1/4\, S\1/2\ NE\1/4\, NE\1/4\ NE\1/4\, S\1/2\ SW\1/4\
Section 21; Sections 22-28; Section 29 except N\1/2\ N\1/2\; Section
30 except N\1/2\ N\1/2\; Sections 31-36.
T. 13N., R.03E. Humboldt Meridian: S\1/2\ Section 25; S\1/2\
SE\1/4\ Section 26; Section 35 except W\1/2\ NW\1/4\; Section 36.
T. 12N., R.06E. Humboldt Meridian: W1/2 SW\1/4\ Section 6; SW\1/
4\ Section 7; W\1/2\, W\1/2\ SE\1/4\ Section 18; N\1/2\ NW\1/4\,
NW\1/4\ NE\1/4\ Section 19.
T. 12N., R.05E. Humboldt Meridian: Section 1; Section 2 except
NW\1/4\, NW\1/4\ SW\1/4\; S\1/2\ S\1/2\, NW\1/4\ SW\1/4\ Section 3;
Section 4 except N\1/2\ NE\1/4\, SE\1/4\ NE\1/4\; Sections 5-11;
Section 12 except S\1/2\ NE\1/4\; Sections 13-23; Section 24 except
E\1/2\ SE\1/4\, SE\1/4\ NE\1/4\; Section 25 except E\1/2\ NE\1/4\;
Sections 26-36.
T. 12N., R.04E. Humboldt Meridian: Sections 1-36.
T. 12N., R.03E. Humboldt Meridian: Sections 1-2; Section 3
except NW\1/4\, W\1/2\ SW\1/4\, W\1/2\ NE\1/4\, NE\1/4\ NE\1/4\;
Section 10 except W\1/2\ W\1/2\, NE\1/4\ NW\1/4\; Sections 11-14,
Section 15 except W\1/2\ W\1/2\, SE\1/4\ SW\1/4\, SW\1/4\ SE\1/4\;
SW\1/4\ SE\1/4\ Section 22; Section 23 except SW\1/4\ SW\1/4\;
Section 24; Section 25 except SW\1/4\ SE\1/4\; N\1/2\ NE\1/4\, SE\1/
4\ NE\1/4\ Section 26.
T. 11N., R.06E. Humboldt Meridian: SW\1/4\, W\1/2\ NW\1/4\,
Section 6; W\1/2\ Section 7; NW\1/4\ NW\1/4\ Section 18; SW\1/4\,
SW\1/4\ NW\1/4\ Section 19.
T. 11N., R.05E. Humboldt Meridian: Sections 1-25; Section 26
except SW\1/4\, SW\1/4\ SE\1/4\; NE\1/4\ NE\1/4\, Section 27;
Section 28 except SE\1/4\ SE\1/4\; Sections 29-32; Section 33 except
NE\1/4\, E\1/2\ NW\1/4\; W\1/2\ SW\1/4\ Section 34.
T. 11N., R.04E. Humboldt Meridian: Sections 1-30, Section 31
except SW\1/4\, S\1/2\ NW\1/4\; Sections 32-36.
T. 10N., R.05E. Humboldt Meridian: W\1/2\ SW\1/4\ Section 2;
Section 3 except NE\1/4\, Sections 4-9, Section 10 except S\1/2\,
SW\1/4\ NW\1/4\; N\1/2\ NW\1/4\ Section 11; Section 16 except SE\1/
4\, SE\1/4\ SW\1/4\; Section 17-18; Section 19 except SE\1/4\, SE\1/
4\ SW\1/4\, SE\1/4\ NE\1/4\; N\1/2\ NW\1/4\ Section 20; W\1/2\ W\1/
2\, SE\1/4\ SW\1/4\ Section 30.
T. 10N., R.04E. Humboldt Meridian: Sections 1-3; Sections 10-15;
Sections 22-27.
[[Page 26311]]
[GRAPHIC] [TIFF OMITTED] TR24MY96.075
Map and description of CA-01-d taken from United States Fish and
Wildlife Service 1:100,000 map; Happy Camp California; 1995.
Critical Habitat includes only Federal lands designated as Late
Successional Reserves described within the following areas:
T.17N., R.03E. Humboldt Meridian: NE\1/4\, E\1/2\ SE\1/4\
Section 24; E\1/2\ NE\1/4\, SE\1/4\, Section 25; N\1/2\, E\1/2\
SE\1/4\ Section 36.
T.16N., R.03E. Humboldt Meridian: S\1/2\ SW\1/4\, SE\1/4\, NE\1/
4\ SW\1/4\ Section 1; E\1/2\ E\1/2\ Section 11; Section 12; Section
13 except W\1/2\ SW\1/4\, SW\1/4\ NW\1/4\; NE\1/4\, E\1/2\ NW\1/4\,
E\1/2\ SE\1/4\ Section 24; SE\1/4\, SE\1/4\ NE\1/4\ Section 25;
Section 36 except SW\1/4\, NW\1/4\ NW\1/4\, W\1/2\ SE\1/4\.
T.15N., R.07E. Humboldt Meridian: SW\1/4\ NW\1/4\, NW\1/4\ SW\1/
4\ Section 7.
T.15N., R.06E. Humboldt Meridian: NW\1/4\ Section 13.
T.15N., R.03E. Humboldt Meridian: E\1/2\ E\1/2\ Section 1; E\1/
2\, SE\1/4\ Section 12.
T.14N., R.06E. Humboldt Meridian: N\1/2\ NW\1/4\, SW\1/4\ NW\1/
4\, W\1/2\ SE\1/4\ Section 4; Section 5; Section 8; SW\1/4\, S\1/2\
NW\1/4\, NW\1/4\ NW\1/4\ Section 9; W\1/2\ Section 16; Section 17;
N\1/2\ Section 20; Section 21 except S\1/2\ SW\1/4\, N\1/2\ NE\1/4\
Section 21.
Description of Lands Using Protracted Public Land Survey Lines
Critical Habitat includes only Federal lands designated as Late
Successional Reserves described within the following areas:
T.18N., R.04E. Humboldt Meridian: SE\1/4\ SW\1/4\, SW\1/4\ SE\1/
4\ Section 33; E\1/2\ SE\1/4\ Section 35; SW\1/4\, SW\1/4\ SE\1/4\,
S\1/2\ NW\1/4\ Section 36.
T.17N., R.06E. Humboldt Meridian: S\1/2\ SW\1/4\, SW\1/4\ SE\1/
4\ Section 14; S\1/2\ SW\1/4\, NE\1/4\ SE\1/4\ Section 15; S\1/2\
SE\1/4\ Section 16; E\1/2\ Section 21; Section 22; Section 23 except
NE\1/4\ NE\1/4\; W\1/2\ SW\1/4\ Section 24; Section 26 except E\1/2\
SE\1/4\; Section 27 except SW\1/4\, W\1/2\ SE\1/4\, SE\1/4\ NW\1/4\;
NE\1/4\ NE\1/4\ Section 28.
T.17N., R.05E. Humboldt Meridian: SW\1/4\, SW\1/4\ NW\1/4\
Section 4; Section 5 except N\1/2\ N\1/2\, SW\1/4\ NW\1/4\; Section
6 except NE\1/4\; Section 7 except S\1/2\ SE\1/4\, SW\1/4\ SE\1/4\;
Section 8 except SE\1/4\ SE\1/4\; W\1/2\ NW\1/4\ Section 9.
T.17N., R.04E. Humboldt Meridian: Section 1 except SW\1/4\,
SW\1/4\ NW\1/4\; Section 2 except NE\1/4\ NE\1/4\, N\1/2\ NW\1/4\,
E\1/2\ SE\1/4\; Section 3 except N\1/2\ N\1/2\; Section 4; SE\1/4\
NE\1/4\, SE\1/4\ Section 5; Section 8 except NW\1/4\; Sections 9-10;
NE\1/4\, NW\1/4\, NW\1/4\ SW\1/4\ Section 11; NE\1/4\ Section 12;
Sections 16-17; W\1/2\, W\1/2\ E\1/2\ Section 20; SE\1/4\, NE\1/4\
SW\1/4\ Section 21; S\1/2\, S\1/2\ N\1/2\ Section 22; S\1/2\, S\1/2\
N\1/2\ Section 23; W\1/2\ SW\1/4\ Section 24; W\1/2\ NW\1/4\, NW\1/
4\ SW\1/4\ Section 25; Section 26; Section 27 except SW\1/4\; NE\1/
4\, SW\1/4\, SW\1/4\ SE\1/4\ Section 28; Section 29 except E\1/2\
NE\1/4\; SW\1/4\, W\1/2\ SE\1/4\ Section 32; Section 33; N\1/2\
NE\1/4\, SW\1/4\, SE\1/4\ Section 34; N\1/2\, N\1/2\ SE\1/4\, SW\1/
4\ SW\1/4\ Section 35.
T.16N., R.04E. Humboldt Meridian: S\1/2\ SW\1/4\, W\1/2\ SE\1/4\
Section 1; Section 2 except NE\1/4\; Sections 3-4; Section 5 except
N\1/2\ NW\1/4\; Section 8; W\1/2\ W\1/2\, NE\1/4\ NE\1/4\ Section 9;
Section 10 except W\1/2\ SW\1/4\; Section 11 except SE\1/4\, S\1/2\
SW\1/4\; S\1/2\ Section 12; E\1/2\ E\1/2\ Section 17; E\1/2\ E\1/2\
Section 20; Section 29 except SE\1/4\, E\1/2\ NE\1/4\; W\1/2\
Section 32.
T.15N., R.06E. Humboldt Meridian: W\1/2\ SW\1/4\ Section 2; S\1/
2\ Section 3; N\1/2\, E\1/2\ Section 4; SE\1/4\ Section 9; Section
10 except W\1/2\ NW\1/4\, E\1/2\ SE\1/4\, S\1/2\ NW\1/4\ Section 11;
NE\1/4\ SE\1/4\, SE\1/4\ NE\1/4\ Section 12; NW\1/4\ Section 13;
SE\1/4\ NW\1/4\, SW\1/4\ NE\1/4\ Section 14; N\1/2\ NW\1/4\ Section
15; NW\1/4\, N\1/2\ SW\1/4\, NW\1/4\ NE\1/4\ Section 16; NE\1/4\
NE\1/4\, N\1/2\ SE\1/4\, NE\1/4\, SE\1/4\ NW\1/4\ Section 17; SW\1/
4\, S\1/2\ NW\1/4\, NW\1/4\ SE\1/4\ Section 29; S\1/2\ SW\1/4\
Section 30.
T.15N., R.05E. Humboldt Meridian: SE\1/4\ Section 20; S\1/2\
Section 21; S\1/2\ SW\1/4\ Section 22; S\1/2\ NE\1/4\, NE\1/4\ SW\1/
4\, SE\1/4\ Section 25; NW\1/4\ Section 27; Section 28 except E\1/2\
SE\1/4\; NW\1/4\, NW\1/4\ SW\1/4\ Section 29; SE\1/4\ SE\1/4\
Section 30; E\1/2\ NE\1/4\, SE\1/4\ Section 31; Sections 32-33;
Section 34 except N\1/2\ N\1/2\, E\1/2\ NE\1/4\ Section 34; E\1/2\,
SW\1/4\ SW\1/4\, E\1/2\ SW\1/4\ Section 35; Section 36.
T.15N., R.04E. Humboldt Meridian: W\1/2\ Section 6; W\1/2\ NW\1/
4\ Section 7.
T.14N., R.05E. Humboldt Meridian: Sections 1-4; E\1/2\ SE\1/4\,
NE\1/4\, N\1/2\ NW\1/4\ Section 5; NE\1/4\, E\1/2\ NW\1/4\ Section
6; NE\1/4\, NE\1/4\ NW\1/4\, N\1/2\ SE\1/4\ Section 8; Section 9
except S\1/2\ SW\1/4\, SW\1/4\ SE\1/4\; Section 10; Section 11
except S\1/2\ SE\1/4\, SE\1/4\ SW\1/4\; Section 12 except W\1/2\
SW\1/4\; W\1/2\, NE\1/4\ NW\1/4\ Section 13; N\1/2\ NE\1/4\, NW\1/4\
Section 15; NE\1/4\ Section 24.
[GRAPHIC] [TIFF OMITTED] TR24MY96.076
Map and description of CA-01-e taken from United States Fish and
Wildlife Service 1:100,000 map; Grants Pass, Oregon; Happy Camp,
California; 1995.
Critical Habitat includes only Federal lands designated as Late
Successional Reserves described within the following areas:
T.41S., R.07W. Willamette Meridian: S\1/2\ SW\1/4\, NW\1/4\
SW\1/4\ Section 6; N\1/2\ NW\1/4\, SW\1/4\ NW\1/4\ Section 7; SE\1/
4\, S\1/2\ NE\1/4\ Section 8; S\1/2\ SE\1/4\, W\1/2\ Section 9;
Section 16; E\1/2\ E\1/2\ Section 17.
T.41S., R.08W. Willamette Meridian: Section 1 except SE\1/4\
NW\1/4\, W\1/2\ SW\1/4\; Section 2 except SE\1/4\ SE\1/4\; Section
4; Section 9 except W\1/2\ W\1/2\; Section 11 except NE\1/4\ NE\1/
4\; Section 12 except E\1/2\ SE\1/4\; Section 13 except NE\1/4\;
Sections 14-16; E\1/2\ SE\1/4\, SE\1/4\ NE\1/4\ Section 17.
T.19N., R.06E. Humboldt Meridian: E\1/2\ SE\1/4\, SW\1/4\ SE\1/
4\ Section 31; Section 32 except NW\1/4\ NW\1/4\; NW \1/4\, W\1/2\
NE\1/4\, N\1/2\ SW\1/4\ Section 33.
T.19N., R.05E. Humboldt Meridian: Section 32 except S\1/2\ SW\1/
4\; Section 33; Section 34 except E\1/2\ SE\1/4\; Section 35 except
S\1/2\ SW\1/4\; W\1/2\ NW\1/4\ Section 36.
T.19N., R.04E. Humboldt Meridian: Sections 32-34; SW\1/4\ SW\1/
4\ Section 35.
T.18N., R.05E. Humboldt Meridian: Section 5 except NW\1/4\, W\1/
2\ NE\1/4\; SE\1/4\, E\1/2\ SW\1/4\ Section 6; Section 7 except S\1/
2\ S\1/2\, NW\1/4\ SW\1/4\; Sections 16-17; SE\1/4\, S\1/2\ N\1/2\,
NW\1/4\ NW\1/4\, Section 18; N\1/2\ Section 19.
T.18N., R.04E. Humboldt Meridian: W\1/2\ NW\1/4\ Section 2;
Section 3 except SE\1/4\ SE\1/4\, Section 4; N\1/2\ N\1/2\, SW\1/4\
NE\1/4\ Section 9.
T.18N., R.03E. Humboldt Meridian: Section 1; SE\1/4\, E\1/2\
NE\1/4\, NE\1/4\ NE\1/4\, SE\1/4\ SW\1/4\ Section 2; SE\1/4\ SE\1/4\
Section 10; Section 11 except NW\1/4\ NW\1/4\; NW\1/4\ NE\1/4\,
NE\1/4\ NW\1/4\ Section 12; W\1/2\ NW\1/4\ Section 14; E\1/2\, E\1/
2\ SW\1/4\ Section 15; W\1/2\, NW\1/4\ SE\1/4\, N\1/2\ NE\1/4\,
SW\1/4\ NE\1/4\ Section 22; W\1/2\ Section 27; SE\1/4\, S\1/2\ NE\1/
4\, NE\1/4\ NE\1/4\, E\1/2\ SW\1/4\ Section 28; E\1/2\ SE\1/4\,
SE\1/4\ NE\1/4\ Section 32; Section 33; W\1/2\ Section 34.
T.17N., R.03E. Humboldt Meridian: NW\1/4\, NW\1/4\ SW\1/4\
Section 3; Section 4 except S\1/2\ S\1/2\, NW\1/4\ SW\1/4\; NE\1/4\
NE\1/4\ Section 5.
Description of Lands Using Protracted Public Land Survey Lines
Critical Habitat includes only Federal lands designated as Late
Successional Reserves described within the following areas:
T.18N., R.06E. Humboldt Meridian: Section 5 except E\1/2\ E\1/
2\; E\1/2\ NE\1/4\; SE\1/4\ SW\1/4\, SE\1/4\ Section 6; Section 7;
Section 8 except E\1/2\ NE\1/4\; Section 17 except E\1/2\ SE\1/4\;
Sections 18-19; W\1/2\ NW\1/4\, NE\1/4\ NW\1/4\, W\1/2\ SW\1/4\
Section 20; Section 30 except E\1/2\ SE\1/4\, SE\1/4\ NE\1/4\;
Section 31 except E\1/2\ E\1/2\, SW\1/4\ SE\1/4\.
T.18N., R.05E. Humboldt Meridian: Section 1 except N\1/2\ NE\1/
4\; Sections 2-4; Sections 8-12; Section 13 except SW\1/4\, SW\1/4\
NW\1/4\, SW\1/4\ SE\1/4\; Section 14 except SE\1/4\, S\1/2\ NE\1/4\;
Section 15; Section 20 except SW\1/4\; Section 21 except S\1/2\ SE
\1/4\; Section 22 except SW\1/4\ SE\1/4\, S\1/2\ SW\1/4\;
[[Page 26312]]
NW\1/4\, NW\1/4\ SW\1/4\, SW\1/4\ SW\1/4\ Section 23; S\1/2\ SE\1/
4\, NE\1/4\ SE\1/4\, E\1/2\ NE\1/4\ Section 24; Section 25 except
S\1/2\ SW\1/4\, NW\1/4\ NW\1/4\; W\1/2\ SW\1/4\, NW\1/4\, SE\1/4\
SW\1/4\ Section 28; E\1/2\ Section 29; E\1/2\ Section 32; NW\1/4\,
N\1/2\ SW\1/4\ Section 33; E\1/2\, SE\1/4\ SW\1/4\ Section 36.
T.18N., R.04E. Humboldt Meridian: Section 5; N\1/2\ N\1/2\
Section 8.
[GRAPHIC] [TIFF OMITTED] TR24MY96.077
Map and description of CA-02-a taken from United States Fish and
Wildlife Service 1:100,000 map; Crescent City, California; 1995.
Critical Habitat includes only Federal lands designated as Late
Successional Reserves described within the following areas:
T.14N., R.01E. Humboldt Meridian: S\1/2\ NE\1/4\, S\1/2\, SE\1/
4\ NW\1/4\ Section 21; W\1/2\ SW\1/4\, SE\1/4\ SW\1/4\ Section 22;
NW\1/4\, NW\1/4\, NW\1/4\ SW\1/4\ Section 27; Section 28 except W\1/
2\ SW\1/4\, SE\1/4\ SW\1/4\, S\1/2\ SE\1/4\.
T.17N., R.01E. Humboldt Meridian: SW\1/4\ SW\1/4\ Section 21;
W\1/2\ NW\1/4\, NW\1/4\ SW\1/4\ Section 28; E\1/2\ NE\1/4\ Section
29.
Critical Habitat includes only State lands described within the
following areas:
T.14N., R.01W. Humboldt Meridian: Section 1 above Mean High
Water (MHW).
T.14N., R.01E. Humboldt Meridian: W\1/2\ Section 6; W\1/2\
Section 7; Sections 18-19 above MHW.
T.15N., R.01E. Humboldt Meridian: S\1/2\ Section 7; W\1/2\
Section 8; NW\1/4\, W\1/2\ NE\1/4\ Section 17; Sections 18-19; W\1/
2\, N\1/2\ NE\1/4\ Section 30; W\1/2\ Section 31.
T.15N., R.01W. Humboldt Meridian: SE\1/4\, S\1/2\ SW\1/4\
Section 1; Section 12 except W\1/2\ NE\1/4\; S\1/2\, NE\1/4\, NE\1/
4\ NW\1/4\ Section 13; Section 23 above MHW, Section 24, Sections
25-26 above MHW; Section 36 above MHW.
T.16N., R.01E. Humboldt Meridian: NW\1/4\ Section 4; Sections 5-
7; Section 8 except NE\1/4\ SE\1/4\; SW\1/4\ NW\1/4\ NW\1/4\ SW\1/4\
Section 9; NW\1/4\ Section 15; W\1/2\, NE\1/4\ Section 16; Sections
17-20; W\1/2\, W\1/2\ SE\1/4\ Section 21.
T.16N., R.01W. Humboldt Meridian: Section 1; SE\1/4\ SE\1/4\
Section 2; E\1/2\ NE\1/4\ Section 11; Sections 12-13; E\1/2\ E\1/2\
Section 14; SE\1/4\, E\1/2\ NE\1/4\, SW\1/4\ NE\1/4\, S\1/2\ NW\1/4\
Section 23; Section 24.
T.17N., R.01E. Humboldt Meridian: SW\1/4\, W\1/2\ SE\1/4\
Section 30, Section 31 except E\1/2\ NE\1/4\, NE\1/4\ SE\1/4\.
T.17N., R.01W. Humboldt Meridian: SE\1/4\ SE\1/4\ Section 25;
S\1/2\, E\1/2\ NE\1/4\ Section 36.
[GRAPHIC] [TIFF OMITTED] TR24MY96.078
Map and description of CA-02-b taken from United States Fish and
Wildlife Service 1:100,000 map; Orick and Hoopa, California; 1995.
Critical Habitat includes only State lands described within the
following areas:
T.11N., R.01E. Humboldt Meridian: Sections 1-2 N\1/2\ N\1/2\
Section 3; Section 4 except E\1/2\ SE\1/4\; Section 9 except E\1/2\
E\1/2\, SW\1/4\ SW\1/4\; N\1/2\ NE\1/4\, SW\1/4\ NE\1/4\, E\1/2\
NW\1/4\ Section 11; NW\1/4\ NW\1/4\ Section 12.
T.12N., R.01E. Humboldt Meridian: W\1/2\ NW\1/4\, NE\1/4\ NW\1/
4\, S\1/2\ Section 3; Section 4 above MHW; Section 9 above MHW;
Section 10 except SE\1/4\ NW\1/4\; S\1/2\ NW\1/4\, SW\1/4\ Section
11; W\1/2\, NW\1/4\ SE\1/4\, S\1/2\ SE\1/4\ Section 14; Section 15;
Section 16 above MHW; Section 21 above MHW; Sections 22-23; SW\1/4\
Section 24; Sections 25-27; Section 28 above MHW; Section 33 above
MHW; Section 34-36.
T.13N., R.01E. Humboldt Meridian: SW\1/4\, E\1/2\ SE\1/4\
Section 33; SW\1/4\ SW\1/4\ Section 34.
[GRAPHIC] [TIFF OMITTED] TR24MY96.079
Map and description of CA-02-c taken from United States Fish and
Wildlife Service 1:100,000 map; Orick, California; 1995.
Critical Habitat includes only State lands described within the
following areas:
T.09N., R.01W. Humboldt Meridian: Section 23 above Mean High
Water (MHW); Section 26 except SE\1/4\, SE\1/4\ SW\1/4\; Section 27
above MHW; NE\1/4\ Section 34; NW\1/4\ NW\1/4\ Section 35.
T.09N., R.01E. Humboldt Meridian: E\1/2\ NW\1/4\, E\1/2\ SW\1/
4\, W\1/2\ SE\1/4\ Section 6; W\1/2\ NE\1/4\, E\1/2\ NW\1/4\, W\1/2\
SE\1/4\, SE\1/4\ SE\1/4\ Section 7; E\1/2\ NE\1/4\, NE\1/4\ SE\1/4\
Section 18.
T.10N., R.01E. Humboldt Meridian: SW\1/4\ SE\1/4\, SE\1/4\ SW\1/
4\ Section 8; W\1/2\ Section 17; Section 19 above MHW; E\1/2\ W\1/2\
W\1/2\ Section 20; Section 29 except SE\1/4\, SW\1/4\ NE\1/4\, E\1/
2\ SW\1/4\, SW\1/4\ SW\1/4\; Section 30 above MHW; W\1/2\, N\1/2\
NE\1/4\, E\1/2\ SW\1/4\, SE\1/4\ NW\1/4\ Section 31.
[GRAPHIC] [TIFF OMITTED] TR24MY96.080
Map and description of CA-03-a taken from United States Fish and
Wildlife Service 1:100,000 map; Eureka and Hayfork, California; 1995.
Critical Habitat includes only Private lands described within the
following areas:
T.02N., R.01E. Humboldt Meridian: Section 1-3; N\1/2\ Section
10; Section 11-12.
T.02N., R.02E. Humboldt Meridian: Section 3; W\1/2\ Section 4;
Section 5-6; N\1/2\ Section 7; N\1/2\ Section 8; Section 9-11;
Section 14; Section 15 except SW\1/4\; N\1/2\ Section 16; N\1/2\
Section 22; N\1/2\ Section 23.
T.03N., R.01E. Humboldt Meridian: S\1/2\ Section 3; Section 4-
10; W\1/2\ Section 11; Section 13-18; W\1/2\ Section 19; Section 20-
26; E\1/2\ Section 27; W\1/2\ Section 28; Section 29-35; Section 36
except NE\1/4\.
T.03N., R.02E. Humboldt Meridian: Section 3 except NE\1/4\;
Section 4; SE\1/4\ Section 5; S\1/2\ Section 6; Section 7; Section
9; Section 10; W\1/2\ Section 16; Section 18-20; Section 21 except
NE\1/4\; SW \1/4\ Section 22; W\1/2\ Section 27; Section 28 except
SW\1/4\; Section 29-30; Section 31 except SW\1/4\; Section 32;
Section 33 except NW\1/4\.
T.04N., R.02E. Humboldt Meridian: S\1/2\ S\1/2\ Section 33;
SW\1/4\ Section 34.
[[Page 26313]]
[GRAPHIC] [TIFF OMITTED] TR24MY96.081
Map and description of CA-04-a taken from United States Fish and
Wildlife Service 1:100,000 map; Cape Mendocino and Garberville,
California; 1995.
Critical Habitat includes only State lands described within the
following areas:
T.01N., R.01E. Humboldt Meridian: SW\1/4\ Section 23; S\1/2\
Section 24; SW\1/4\ NW\1/4\, N\1/2\ N\1/2\ Section 25; NE\1/4\, E\1/
2\ NW\1/4\ Section 26.
T.01N., R.02E. Humboldt Meridian: E\1/2\ NE\1/4\, NE\1/4\ SE\1/
4\ Section 11; NW\1/4\ Section 12; S\1/2\ Section 19; W\1/2\ W\1/2\
Section 29; N\1/2\, N\1/2\ SE\1/4\, NE\1/4\ SW\1/4\ Section 30;
NW\1/4\ NW\1/4\, S\1/2\ SE\1/4\, E\1/2\ SW\1/4\ Section 32.
T.01S., R.01E. Humboldt Meridian: S\1/2\ S\1/2\ Section 13; S\1/
2\ NW\1/4\, S\1/2\ Section 14; E\1/2\ SE\1/4\ Section 15; E\1/2\
E\1/2\, SW\1/4\ SE\1/4\ Section 22; Sections 23-27; Section 28
except W\1/2\ NW\1/4\; Section 33 except SW\1/4\ NW\1/4\, SW\1/4\;
Sections 34-36.
T.01S., R.02E. Humboldt Meridian: S\1/2\ NW\1/4\, NW\1/4\ SW\1/
4\, S\1/2\ SW\1/4\, SW\1/4\ SE\1/4\ Section 3; Section 4 except
SW\1/4\ NW\1/4\; NE\1/4\ NE\1/4\ Section 9; NW\1/4\, W\1/2\ NE\1/4\,
E\1/2\ SE\1/4\ Section 10; SW\1/4\ SW\1/4\ Section 11; W\1/2\
Section 14; SE\1/4\, SW\1/4\ SW\1/4\ Section 15; S\1/2\ NW\1/4\,
SW\1/4\, S\1/2\ SE\1/4\ Section 16; S\1/2\, SE\1/4\ NE\1/4\ Section
17; S\1/2\ S\1/2\ Section 18; Sections 19-22; W\1/2\ Section 23;
W\1/2\, SW\1/4\ SE\1/4\ Section 26; Sections 27-34; W\1/2\ NW\1/4\,
SE\1/4\ NW\1/4\, N\1/2\ SW\1/4\, SW\1/4\ SW\1/4\, SW\1/4\ NE\1/4\,
S\1/2\ SE\1/4\, NW\1/4\ SE\1/4\ Section 35.
T.02S., R.01E. Humboldt Meridian: Sections 1-3; E\1/2\ E\1/2\
Section 4; E\1/2\ E\1/2\ Section 9; Sections 10-14; Section 15
except W\1/2\ SW\1/4\, SW\1/4\ NW\1/4\; Section 22 except SW\1/4\,
W\1/2\ NW\1/4\; Sections 23-25; Section 26 except, SW\1/4\, S\1/2\
NW\1/4\, SW\1/4\ NE\1/4\.
T.02S., R.02E. Humboldt Meridian: SW\1/4\ Section 1; Section 2
except NE\1/4\, E\1/2\ NW\1/4\, NE\1/4\ SE\1/4\; Sections 3-24;
Section 25 except SW\1/4\ SW\1/4\; N\1/2\ Section 26; Section 27
except S\1/2\ S\1/2\; Section 28 except S\1/2\ S\1/2\, NW\1/4\ SW\1/
4\; Section 29 except NE\1/4\ SE\1/4\, S\1/2\ SE\1/4\; Section 30
except S\1/2\ SW\1/4\; NE\1/4\ NW\1/4\, N\1/2\ NE\1/4\ Section 36.
T.02S., R.03E. Humboldt Meridian: Section 7 except N\1/2\; SW\1/
4\ SW\1/4\ Section 8; Section 17 except NE\1/4\, E\1/2\ SE\1/4\;
Sections 18-20; Section 21 except NW\1/4\ NE\1/4\, SE\1/4\ NE\1/4\,
N\1/2\ SE\1/4\, SE\1/4\ SE\1/4\; S\1/2\ S\1/2\, NW\1/4\ SW\1/4\,
SW\1/4\ NW\1/4\ Section 27; Section 28 except NE\1/4\ NE\1/4\;
Section 29 except W\1/2\ NW\1/4\; Section 30 except SE\1/4\ NE\1/4\,
NE\1/4\ SE\1/4\; Section 31 except S\1/2\ S\1/2\, NW\1/4\ SE\1/4\;
Section 32 except SE\1/4\ NE\1/4\, S\1/2\; N\1/2\ NE\1/4\, NE\1/4\
NW\1/4\ Section 33; E\1/2\, NW\1/4\ Section 34; SE\1/4\ NW\1/4\,
NW\1/4\ NW\1/4\ Section 35.
T.03S., R.03E. Humboldt Meridian: NW\1/4\ Section 3; E\1/2\
NE\1/4\ Section 11; N\1/2\, NW\1/4\ SW\1/4\, SE\1/4\ Section 12;
SE\1/4\ SE\1/4\, Section 13.
T.03S., R.04E. Humboldt Meridian: SW\1/4\ SW\1/4\ Section 18;
NW\1/4\, NW\1/4\ SW\1/4\ Section 30.
[GRAPHIC] [TIFF OMITTED] TR24MY96.082
Map and description of CA-04-b taken from United States Fish and
Wildlife Service 1:100,000 map; Garberville, California; 1995.
Critical Habitat includes only State lands described within the
following areas:
T.04S., R.03E. Humboldt Meridian: SE\1/4\ SW\1/4\, S\1/2\ SE\1/
4\ Section 2; S\1/2\ SE\1/4\ Section 9; SW\1/4\, NW\1/4\ SE\1/4\
Section 10; E\1/2\ NW\1/4\, SW\1/4\ NE\1/4\, N\1/2\ NE\1/4\ Section
11.
[GRAPHIC] [TIFF OMITTED] TR24MY96.083
Map and description of CA-05-a taken from United States Fish and
Wildlife Service 1:100,000 map; Cape Mendocino, Garberville and Covelo,
California; 1995.
Critical Habitat includes only Federal lands designated as Late
Successional Reserves described within the following areas:
T.02S., R.02E. Humboldt Meridian: SE\1/4\ SE\1/4\ Section 31;
S\1/2\ SW\1/4\, SW\1/4\ SE\1/4\ Section 32.
T.03S., R.02W. Humboldt Meridian: SE\1/4\ NW\1/4\, E\1/2\ SW\1/
4\, S\1/2\ SE\1/4\, NW\1/4\ SE\1/4\ Section 12; Sections 13-14;
Section 15-16 East of Mean High Water (MHW); Section 22-23 East of
MHW; Section 24 except SE\1/4\; N\1/2\ NE\1/4\ Section 26 East of
MHW.
T.03S., R.01W. Humboldt Meridian: SW\1/4\ SW\1/4\ Section 9;
NE\1/4\ SE\1/4\ Section 10; S\1/2\, SE\1/4\ NE\1/4\ Section 11;
SW\1/4\ NW\1/4\, S\1/2\ Section 12; Sections 13-18; N\1/2\ NW\1/4\,
SW\1/4\ NW\1/4\ Section 19; N\1/2\ NW\1/4\, SE\1/4\ NW\1/4\, NE\1/
4\, N\1/2\ SE\1/4\, Section 20; Sections 21-26; N\1/2\, E\1/2\ SE\1/
4\ Section 27; N\1/2\ NE\1/4\ Section 28; NE\1/4\ NW\1/4\, NW\1/4\
NE\1/4\ Section 35; N\1/2\ NW\1/4\, NE\1/4\, E\1/2\ SW\1/4\ Section
36.
T.03S., R.01E. Humboldt Meridian: N\1/2\ SE\1/4\, SE\1/4\ SE\1/
4\, NE\1/4\ SW\1/4\ Section 12; N\1/2\ SE\1/4\, SE\1/4\ SE\1/4\,
SE\1/4\ NE\1/4\ Section 13; SW\1/4\ NW\1/4\, W\1/2\ SW\1/4\ Section
18; W\1/2\ NW\1/4\, SW\1/4\, W\1/2\ SE\1/4\ Section 19; SE\1/4\
NE\1/4\, NE\1/4\ SE\1/4\ Section 24; W\1/2\ SW\1/4\ Section 29;
Section 30 except NE\1/4\ NE\1/4\; Section 31; W\1/2\ W\1/2\, NE\1/
4\ NW\1/4\, NE\1/4\ SW\1/4\ Section 32.
T.03S., R.02E. Humboldt Meridian: W\1/2\ SW\1/4\, NW\1/4\, SE\1/
4\ NE\1/4\, SW\1/4\ SE\1/4\ Section 5; E\1/2\ SE\1/4\, SW\1/4\ SE\1/
4\ Section 6; Section 7 except SW\1/4\ NW\1/4\, SE\1/4\ SE\1/4\;
W\1/2\ W\1/2\, SE\1/4\ NW\1/4\, SW\1/4\, W\1/2\ NE\1/4\, W\1/2\
SE\1/4\, SE\1/4\ SE\1/4\ Section 8; S\1/2\ SW\1/4\ Section 9; E\1/2\
SW\1/4\ Section 18; NE\1/4\ NW\1/4\, SE\1/4\ SW\1/4\, SW\1/4\ SE\1/
4\ Section 19; SE\1/4\ NE\1/4\ Section 20; NW\1/4\ NE\1/4\ Section
22; NW\1/4\ NW\1/4\ Section 28; NW\1/4\ NE\1/4\ Section 30.
T.04S., R.01W. Humboldt Meridian: S\1/2\ S\1/2\, Section 1;
SE\1/4\ SE\1/4\ Section 2; SE\1/4\ SE\1/4\ Section 10; S\1/2\, NE\1/
4\ Section 11; N\1/2\, W\1/2\ SW\1/4\ Section 12; Section 14 east of
MHW.
T.04S., R.01E. Humboldt Meridian: SW\1/4\, W\1/2\ SE\1/4\, SE\1/
4\ SE\1/4\, S\1/2\ NE\1/4\ Section 4; Section 5; Section 6 except
S\1/2\ SW\1/4\; NE\1/4\, E\1/2\ NW\1/4\, NE\1/4\ SE\1/4\ Section 7;
N\1/2\ Section 8; Section 9 except N\1/2\ NW\1/4\, NE\1/4\ NE\1/4\;
S\1/2\, E\1/2\ NE\1/4\ Section 10; SW\1/4\, SW\1/4\ NW\1/4\ Section
11; Section 15; Section 16 except SW\1/4\ SW\1/4\; S\1/2\ SW\1/4\
Section 20; E\1/2\, S\1/2\ SW\1/4\ Section 21; Sections 22-23; S\1/
2\ NW\1/4\, NW\1/4\ NW\1/4\, SW\1/4\ Section 24; W\1/2\ Section 25;
Section 26-27; Section 28 except NW\1/4\ NW\1/4\; N\1/2\, SE\1/4\
SE\1/4\ Section 29; N\1/2\ N\1/2\ Section 33; E\1/2\ Section 34;
Section 35; W\1/2\ Section 36.
T.04S., R.02E. Humboldt Meridian: S\1/2\ SW\1/4\, NE\1/4\ SW\1/
4\, NW\1/4\ SE\1/4\ Section 31.
T.05S., R.01E. Humboldt Meridian: Section 1; Section 2 except
N\1/2\ SW\1/4\; E\1/2\ NE\1/4\, SW\1/4\ NE\1/4\ Section 3; NE\1/4\,
S\1/2\ SE\1/4\, NE\1/4\ NW\1/4\ Section 11; Section 12 except N\1/2\
NW\1/4\, NE\1/4\ SW\1/4\; Section 13 except W\1/2\ NE\1/4\, SE\1/4\
NE\1/4\, NE\1/4\ SE\1/4\; E\1/2\ Section 14; Section 23 East of MHW;
Section 24; Section 25 East of MHW.
Description of Lands Using Protracted Public Land Survey Lines
Critical Habitat includes only Federal lands designated as Late
Successional Reserves described within the following areas:
T.05S., R.02E. Humboldt Meridian: Western \1/2\ of the Western
\1/2\ of the Township T.05S., R.02E.
[[Page 26314]]
[GRAPHIC] [TIFF OMITTED] TR24MY96.084
Map and description of CA-05-b taken from United States Fish and
Wildlife Service 1:100,000 map; Covelo, California; 1995.
Critical Habitat includes only State lands described within the
following areas:
T.24N., R.19W. Mt. Diablo Meridian: W\1/2\ W\1/2\ Section 2;
Section 3 except E\1/2\ NW\1/4\; Section 4 except NE\1/4\ NE\1/4\;
Section 5; Section 9 above MHW; Section 10; W\1/2\ W\1/2\, SE\1/4\
SW\1/4\ Section 11; W\1/2\ Section 14; Section 15 above MHW; Section
22 above MHW; Section 23 except NE\1/4\, NE\1/4\ SE\1/4\; Section 24
except NE\1/4\ NW\1/4\, N\1/2\ NE\1/4\; Section 25 except SW\1/4\
SW\1/4\; Section 26 above MHW; Section 36 above MHW.
T.24N., R.18W. Mt. Diablo Meridian: SW\1/4\ NW\1/4\, SE\1/4\
SW\1/4\, W\1/2\ SW\1/4\ Section 31.
T.23N., R.19W. Mt. Diablo Meridian: Section 1 above MHW.
T.23N., R.18W. Mt. Diablo Meridian: Section 5; Section 6 except
E\1/2\ NE\1/4\ ; Section 7 above MHW; Section 8 except N\1/2\ NE\1/
4\, SE\1/4\ NE\1/4\, NE\1/4\ SE\1/4\; W\1/2\ SW\1/4\, S\1/2\ SE\1/4\
Section 15; Section 16 except NE\1/4\ NW\1/4\, NE\1/4\, Section 21
above MHW; N\1/2\ Section 22.
T.05S., R.02E. Humboldt Meridian: NW\1/4\ NW\1/4\, SE\1/4\ NW\1/
4\ Section 22; NE\1/4\ Section 27.
[GRAPHIC] [TIFF OMITTED] TR24MY96.085
Map and description of CA-06-a taken from United States Fish and
Wildlife Service 1:100,000 map; Garberville and Covelo, California;
1995.
Critical Habitat includes only State lands described within the
following areas:
T.05S., R.03E. Humboldt Meridian: SE\1/4\ SE\1/4\ Section 10;
SW\1/4\ SW\1/4\ Section 11; Section 13 except NE\1/4\; Section 14
except NW\1/4\ NE\1/4\; Section 15 except SW\1/4\; NW\1/4\ NE\1/4\,
NE\1/4\ NW\1/4\ Section 24.
Critical Habitat includes only Federal lands designated as Late
Successional Reserves described within the following areas:
T.24N., R.15W. Mt. Diablo Meridian: SW\1/4\ NW\1/4\, W\1/2\
SE\1/4\, SW\1/4\ Section 4; Section 5 except W\1/2\ SW\1/4\; S\1/2\
NE\1/4\ Section 6.
T.24N., R.16W. Mt. Diablo Meridian: N\1/2\ NE\1/4\, NE\1/4\
NW\1/4\ Section 3; W\1/2\ NW\1/4\, NW\1/4\ SE\1/4\, NE\1/4\ NW\1/4\,
S\1/2\ SE\1/4\, Section 5; SE\1/4\ NE\1/4\, N\1/2\ NW\1/4\, Section
6; W\1/2\ SE\1/4\ Section 7; SE\1/4\ SW\1/4\, W\1/2\ SE\1/4\, SE\1/
4\ SE\1/4\ Section 9; S\1/2\ SW\1/4\ Section 10.
T.24N., R.17W. Mt. Diablo Meridian: Section 1 except S\1/2\
NE\1/4\, NW\1/4\ NW\1/4\, SE\1/4\ SE\1/4\; Section 2 except SE\1/4\
SW\1/4\; S\1/2\ S\1/2\, NE\1/4\ SE\1/4\, S\1/2\ N\1/2\, NE\1/4\
NE\1/4\ Section 3; SE\1/4\ SE\1/4\, NW\1/4\ SE\1/4\ Section 4; W\1/
2\ NW\1/4\ Section 10; NW\1/4\ NE\1/4\, W\1/2\ NW\1/4\ Section 11.
T.05S., R.05E. Humboldt Meridian: N\1/2\ NW\1/4\ Section 2; N\1/
2\ N\1/2\, SW\1/4\ NW\1/4\ Section 3; E\1/2\ NE\1/4\ Section 4;
SE\1/4\ SE\1/4\ Section 7; SW\1/4\ SW\1/4\ Section 8; SW\1/4\ NW\1/
4\, N\1/2\ SW\1/4\, SE\1/4\ SW\1/4\, NE\1/4\ SE\1/4\, Section 15;
NW\1/4\ SW\1/4\ Section 17; E\1/2\ E\1/2\ Section 18; NE\1/4\ NE\1/
4\, SE\1/4\ SE\1/4\ Section 19; NW\1/4\ SW\1/4\ Section 20; W\1/2\
NE\1/4\, SE\1/4\ NW\1/4\, NE\1/4\ SW\1/4\, N\1/2\ SE\1/4\, SW\1/4\
SE\1/4\ Section 22; NW\1/4\ SW\1/4\ Section 23; S\1/2\ NW\1/4\, N\1/
2\ SW\1/4\, S\1/2\ SE\1/4\, NW\1/4\ SE\1/4\ Section 25; NE\1/4\
NW\1/4\, NE\1/4\ SW\1/4\, W\1/2\ NE\1/4\, SE\1/4\ NE\1/4\ Section
26; W\1/2\ W\1/2\, NE\1/4\ SW\1/4\ Section 28; S\1/2\ N\1/2\, E\1/2\
SW\1/4\, N\1/2\ SE\1/4\ Section 29; NE\1/4\, NE\1/4\ NW\1/4\ Section
32; NW\1/4\ NE\1/4\, S\1/2\ NE\1/4\, NW\1/4\, NE\1/4\ SW\1/4\, SE\1/
4\ Section 33; SW\1/4\ NW\1/4\, N\1/2\ SW\1/4\, SW\1/4\ SW\1/4\
Section 34; NE\1/4\ NE\1/4\ Section 36.
T.05S., R.06E. Humboldt Meridian: S\1/2\ NW\1/4\, SW\1/4\
Section 30; Section 31 except NE\1/4\ NW\1/4\, N\1/2\ NE\1/4\, SE\1/
4\ NE\1/4\.
T.04S., R.05E. Humboldt Meridian: SE\1/4\ SW\1/4\ Section 15;
NW\1/4\, W\1/2\ NE\1/4\, NE\1/4\ SW\1/4\ Section 22; SE\1/4\ Section
33; W\1/2\ W\1/2\, SE\1/4\ SW\1/4\ Section 34.
[GRAPHIC] [TIFF OMITTED] TR24MY96.086
Map and description of CA-06-b taken from United States Fish and
Wildlife Service 1:100,000 map; Covelo, California; 1995.
Critical Habitat includes only Federal lands designated as Late
Successional Reserves described within the following areas:
T.21N., R.15W. Mt. Diablo Meridian: W\1/2\ NW\1/4\ Section 5;
Sections 6-7; NW\1/4\ NE\1/4\, N\1/2\ NW\1/4\, SW\1/4\ NW\1/4\, N\1/
2\ S\1/2\, SW\1/4\ SW\1/4\ Section 8; W\1/2\ W\1/2\, SE\1/4\ SW\1/
4\, S\1/2\ SE\1/4\ Section 17; Section 18.
T.21N., R.16W. Mt. Diablo Meridian: Section 1; N\1/2\ NE\1/4\,
NE\1/4\ NW\1/4\, SE\1/4\ SE\1/4\ Section 2; E\1/2\ NE\1/4\ Section
11; Section 12 except NW\1/4\ SW\1/4\ and S\1/2\ SW\1/4\; NE\1/4\,
NE\1/4\ SE\1/4\ Section 13.
T.22N., R.14W. Mt. Diablo Meridian: NW\1/4\ SW\1/4\, S\1/2\
SW\1/4\ Section 6; Section 7; Section 18 except E\1/2\ SE\1/4\; ;
SE\1/4\ SE\1/4\ Section 20; SW\1/4\ SW\1/4\, NE\1/4\ SE\1/4\ Section
21; E\1/2\ NE\1/4\, W\1/2\ NW\1/4\, NE\1/4\ SE\1/4\ Section 28;
NE\1/4\, NE\1/4\ NW\1/4\, S\1/2\ NW\1/4\, SW\1/4\, NW\1/4\ SE\1/4\
Section 29; S\1/2\ NE\1/4\, N\1/2\ NW\1/4\, N\1/2\ SE\1/4\ Section
32.
T.22N., R.15W. Mt. Diablo Meridian: SW\1/4\ NE\1/4\, S\1/2\
Section 1; N\1/2\ Section 12; E\1/2\ Section 13; NE\1/4\ SW\1/4\,
S\1/2\ SW\1/4\, W\1/2\ SE\1/4\ Section 19; NW\1/4\ NE\1/4\ Section
24; SW\1/4\ NE\1/4\, W\1/2\ NW\1/4\, SW\1/4\, W\1/2\ SE\1/4\ Section
30; SW\1/4\ NE\1/4\, NW\1/4\ NW\1/4\, S\1/2\ NW\1/4\, S\1/2\ Section
31.
T.22N., R.16W. Mt. Diablo Meridian: SW\1/4\, SW\1/4\ NW\1/4\,
W\1/2\ W\1/2\ Section 3; Section 4; Section 5 except S\1/2\ SE\1/4\,
NE\1/4\ SE\1/4\, SE\1/4\ NE\1/4\; E\1/2\, E\1/2\ W\1/2\, S\1/2\
SW\1/4\, NE\1/4\ NW\1/4\ Section 6; E\1/2\ NE\1/4\, N\1/2\ NW\1/4\,
SE\1/4\ SW\1/4\, SE\1/4\ Section 7; N\1/2\ NE\1/4\, E\1/2\ W\1/2\,
S\1/2\ SE\1/4\, SW\1/4\ SW\1/4\ Section 8; Section 9 except N\1/2\
NW\1/4\ and SE\1/4\ NW\1/4\; SW\1/4\ NE\1/4\, W\1/2\, NW\1/4\ SE\1/
4\, S\1/2\ SE\1/4\ Section 10; W\1/2\ Section 17; Section 18 except
N\1/2\ NW\1/4\, W\1/2\ SW\1/4\; S\1/2\ NE\1/4\, NW\1/4\ NE\1/4\
Section 19; NW\1/4\ SW\1/4\ Section 20; SE\1/4\ SE\1/4\ Section 21;
S\1/2\ SW\1/4\, SW\1/4\ SE\1/4\ Section 22; SE\1/4\ SE\1/4\ Section
23; Section 26; Section 27 except NE\1/4\ NE\1/4\, W\1/2\ SW\1/4\,
S\1/2\ SE\1/4\, SE\1/4\ SW\1/4\; SE\1/4\ Section 34; Section 35.
T.22N., R.17W. Mt. Diablo Meridian: NE\1/4\ NE\1/4\, SW\1/4\
NE\1/4\, SE\1/4\ NW\1/4\, NE\1/4\ SW\1/4\, W\1/2\ SE\1/4\ Section
12; S\1/2\ SE\1/4\ Section 13; N\1/2\ NE\1/4\ Section 24.
T.23N., R.16W. Mt. Diablo Meridian: W\1/2\ NW\1/4\ Section 3;
NE\1/4\ NE\1/4\ Section 4; SE\1/4\ SW\1/4\, E\1/2\ NE\1/4\, NW\1/4\
SE\1/4\ Section 5; W\1/2\ W\1/2\ Section 6; Section 7 except NW\1/
4\; NE\1/4\ NW\1/4\, SW\1/4\ NW\1/4\, SW\1/4\ SW\1/4\ Section 8;
W\1/2\ Section 17; Section 18 except, N\1/2\ NW\1/4\, SW\1/4\ NW\1/
4\, W\1/2\ SW\1/4\, SE\1/4\ SW\1/4\; S\1/2\ SE\1/4\, S\1/2\ SW\1/4\,
NE\1/4\ SE\1/4\ Section 19; S\1/2\ SW\1/4\, NE\1/4\ SW\1/4\, N\1/2\
SE\1/4\, SE\1/4\ SE\1/4\ Section 20; NW\1/4\ NW\1/4\, S\1/2\ NW\1/
4\, SW\1/4\, SW\1/4\ SE\1/4\ Section 28; Section 29; Section 30
except NW\1/4\ NW\1/4\; Section 31 except SW\1/4\ SW\1/4\; Section
32 except SE\1/4\ NE\1/4\, SW\1/4\ SE\1/4\, E\1/2\ SE\1/4\; Section
33 except NE\1/4\ NE\1/4\, S\1/2\ NW\1/4\; S\1/2\ NW\1/4\, N\1/2\
SW\1/4\ Section 34.
T.23N., R.17W. Mt. Diablo Meridian: Section 1 except S\1/2\
SW\1/4\; NE\1/4\ SE\1/4\ Section 2.
T.24N., R.16W. Mt. Diablo Meridian: SE\1/4\ NE\1/4\, SE\1/4\
NW\1/4\, NW\1/4\ SW\1/4\, SE\1/4\ SW\1/4\,
[[Page 26315]]
NE\1/4\ SE\1/4\ Section 17; W\1/2\ SE\1/4\, E\1/2\ SW\1/4\ Section
18; Section 19 except SW\1/4\ SE\1/4\; W\1/2\ NE\1/4\, E\1/2\ NW\1/
4\ Section 20; S\1/2\ NW\1/4\, SW\1/4\ Section 27; Section 28 except
N\1/2\ N\1/2\ and SE\1/4\ SW\1/4\; Section 29 except N\1/2\ NE\1/4\,
NW\1/4\ NW\1/4\; Section 30 except N\1/2\ NE\1/4\; Section 31;
Section 32 except SE\1/4\ NE\1/4\ and E\1/2\ SE\1/4\; N\1/2\ NE\1/
4\, NW\1/4\ NW\1/4\ Section 33; NW\1/4\ Section 34.
T.24N., R.17W. Mt. Diablo Meridian: NE\1/4\ NE\1/4\ Section 23;
Section 24 except NE\1/4\ NW\1/4\, NW\1/4\ NE\1/4\; E\1/2\, E\1/2\
NW\1/4\, NW\1/4\ NW\1/4\, SW\1/4\ SW\1/4\ Section 25, N\1/2\ SE \1/
4\ Section 26, Section 36.
Critical Habitat includes only State lands described within the
following areas:
T.21N., R.16W. Mt. Diablo Meridian: SW\1/4\ NE\1/4\, S\1/2\
NW\1/4\ Section 26.
T.23N., R.17W. Mt. Diablo Meridian: N\1/2\ SW\1/4\, S\1/2\ NW\1/
4\ Section 2; Section 3 except NE\1/4\, S\1/2\ SE\1/4\; E\1/2\ NW\1/
4\, SW\1/4\ NW\1/4\, NE\1/4\ SE\1/4\, NE\1/4\ Section 4.
T.24N., R.17W. Mt. Diablo Meridian: Section 28 except SW\1/4\
SW\1/4\; NW\1/4\ Section 27; W\1/2\ Section 33; SE\1/4\ SW\1/4\
Section 34.
[GRAPHIC] [TIFF OMITTED] TR24MY96.087
Map and description of CA-07-a taken from United States Fish and
Wildlife Service 1:100,000 map; Ukiah, California; 1995.
Critical Habitat includes only State lands described within the
following areas:
T.17N., R.14W. Mt. Diablo Meridian: W\1/2\ SW\1/4\, NE\1/4\
SW\1/4\ Section 6; W\1/2\ NW\1/4\, NW\1/4\ SW\1/4\ Section 7.
T.17N., R.15W. Mt. Diablo Meridian: W\1/2\, SE\1/4\ Section 2;
Sections 3-8; Section 9 except SE\1/4\ SE\1/4\ ; Section 10 except
S\1/2\ S\1/2\; Section 11; Section 12 except SW\1/4\ SE\1/4\; N\1/2\
NE\1/4\ Section 14; Section 18 except SE\1/4\, W\1/2\ SW\1/4\.
T.17N., R.16W. Mt. Diablo Meridian: N\1/2\ N\1/2\ Section 1;
Section 3 except W\1/2\ W\1/2\; Sections 4-6; NE\1/4\, SW\1/4\
Section 7; N\1/2\, N\1/2\ SW\1/4\ Section 8; N\1/2\, N\1/2\ SE\1/4\,
SE\1/4\ SE\1/4\ Section 9; Section 10 except NE\1/4\ NE\1/4\;
Section 18 except SE\1/4\ SE\1/4\; NW\1/4\, W\1/2\ SW\1/4\ Section
19; W\1/2\ NW\1/4\ Section 30.
T.17N., R.17W. Mt. Diablo Meridian: Sections 1-3; NE\1/4\, SW\1/
4\ NW\1/4\, S\1/2\ Section 4; NE\1/4\, N\1/2\ NW\1/4\, SE\1/4\ NW\1/
4\, NE\1/4\ SE\1/4\, S\1/2\ S\1/2\ Section 5; N\1/2\ NE\1/4\ Section
6; Section 8 except W\1/2\ SW\1/4\, SE\1/4\ SW\1/4\, SW\1/4\ SE\1/
4\; Sections 9-15; SE\1/4\ NE\1/4\, N\1/2\ NE\1/4\, NE\1/4\ NW\1/4\,
S\1/2\ Section 16; S\1/2\ Section 17; S\1/2\, S\1/2\ NE\1/4\ Section
18; NW\1/4\ Section 19; N\1/2\ NE\1/4\ Section 20; Section 21 except
SE\1/4\ SW\1/4\; Section 22 except E\1/2\ SW\1/4\ ; Section 23
except NW\1/4\ SW\1/4\; Section 24; NE\1/4\ NW\1/4\, NW\1/4\ SW\1/4\
Section 26; Section 27 except SW\1/4\ NW\1/4\, SE\1/4\ SE\1/4\, N\1/
2\ NE\1/4\; Section 28 except NE\1/4\ NE\1/4\, SW\1/4\, S\1/2\ SE\1/
4\, W\1/2\ NW\1/4\.
T.17N., R.18W. Mt. Diablo Meridian: SE\1/4\ SE\1/4\ Section 13.
T.18N., R.15W. Mt. Diablo Meridian: SW\1/4\ Section 18; Section
19; SE\1/4\ NE\1/4\, NE\1/4\ SW\1/4\, S\1/2\ SW\1/4\, SE\1/4\
Section 20; Section 21; Section 22 except NE\1/4\; Section 23 except
N\1/2\ NW\1/4\; W\1/2\ W\1/2\, SE\1/4\ SW\1/4\ Section 24; W\1/2\
Section 25; Section 26 except E\1/2\ E\1/2\; Sections 27-34; Section
35 except NE\1/4\ SE\1/4\.
T.18N., R.16W. Mt. Diablo Meridian: S\1/2\ Section 13; SE\1/4\
Section 14; SW\1/4\, W\1/2\ SE\1/4\ Section 15; S\1/2\ N\1/2\, NW\1/
4\ NW\1/4\, S\1/2\ Section 16; Section 17 except NW\1/4\ NW\1/4\;
S\1/2\ Section 18; Sections 19-33; Section 34 except E\1/2\ SE\1/4\;
Section 35 except W\1/2\ SW\1/4\, SE\1/4\ SW\1/4\; Section 36.
T.18N., R.17W. Mt. Diablo Meridian: Section 20 except N\1/2\
N\1/2\, SW\1/4\ SW\1/4\; Section 21 except NW\1/4\ NE\1/4\, N\1/2\
NW\1/4\; NE\1/4\, NE\1/4\ SE\1/4\, SW\1/4\ SE\1/4\ Section 23;
Section 24; Section 25 except S\1/2\ S\1/2\, N\1/2\ SE\1/4\ ;
Section 26 except NW\1/4\ NW\1/4\; Section 27; NE\1/4\ NE\1/4\
Section 28; N\1/2\ NW\1/4\, SW\1/4\ NW\1/4\ Section 29; NW\1/4\
SW\1/4\, NE\1/4\ SE\1/4\, S\1/2\ S\1/2\ Section 31; S\1/2\ NE\1/4\,
S\1/2\ Section 32; S\1/2\ N\1/2\, N\1/2\ S\1/2\, SE\1/4\ SE\1/4\
Section 33; Sections 34-36.
T.18N., R.18W. Mt. Diablo Meridian: SW\1/4\ Section 25; W\1/2\,
SE\1/4\ Section 36.
[GRAPHIC] [TIFF OMITTED] TR24MY96.088
Map and description of CA-07-b taken from United States Fish and
Wildlife Service 1:100,000 map; Ukiah, California; 1995.
Critical Habitat includes only State lands described within the
following areas:
T.14N., R.15W. Mt. Diablo Meridian: E\1/2\ SW\1/4\, SW\1/4\
SE\1/4\, SE\1/4\ NW\1/4\ Section 11; Section 13 except E\1/2\ E\1/
2\, NE\1/4\ NW\1/4\, NW\1/4\ NE\1/4\; E\1/2\ E\1/2\, NE\1/4\, NW\1/
4\, NW\1/4\ NE\1/4\ Section 14; NE\1/4\, NE\1/4\ NW\1/4\, N\1/2\
SE\1/4\ Section 24.
[GRAPHIC] [TIFF OMITTED] TR24MY96.089
Map and description of CA-07-c taken from United States Fish and
Wildlife Service 1:100,000 map; Point Arena, California; 1995.
Critical Habitat includes only State lands described within the
following areas:
T.12N., R.13W. Mt. Diablo Meridian: S\1/2\ NW\1/4\, SW\1/4\,
N\1/2\ SE\1/4\, SW\1/4\ SE\1/4\, S\1/2\ NE\1/4\ Section 8.
[GRAPHIC] [TIFF OMITTED] TR24MY96.090
Map and description of CA-07-d taken from United States Fish and
Wildlife Service 1:100,000 map; Ukiah, California; 1995.
Critical Habitat includes only State lands described within the
following areas:
T.16N., R.14W. Mt. Diablo Meridian: S\1/2\ S\1/2\ Section 14;
E\1/2\ SE\1/4\, SE\1/4\ NE\1/4\ Section 15; E\1/2\ Section 22;
Section 23 except E\1/2\ NE\1/4\; W\1/2\ NW\1/4\, SE\1/4\ NW\1/4\,
NE\1/4\ SW\1/4\ Section 25; E\1/2\ NE\1/4\ Section 26.
[[Page 26316]]
[GRAPHIC] [TIFF OMITTED] TR24MY96.091
Map and description of CA-08-a taken from United States Fish and
Wildlife Service 1:100,000 map; Point Arena, California; 1995.
Critical Habitat includes only State lands described within areas
bounded by the following descriptions:
(a) starting at Station H-34 on the easterly line of the German
Rancho, South 33 deg. 50' West for 3,200 feet, South 86 deg. 20' West
for 1,927 feet, North 53 deg. West for 1,372 feet, North 37 deg. West
for 1,550.5 feet, North 48 deg. East for 1,720 feet, South 86 deg. 45'
East for 2,203.5 feet, North 55 deg. East for 1,110.1 feet, South
8 deg. 50' East for 653 feet; and (b) starting at the westernmost point
of Kruse Rhododendron State Reserve proceeding North 48 deg. East along
the Kruse Rhododendron State Reserve boundary to the intersection with
Kruse Ranch Road, west on Kruse Ranch Road to the intersection with
State Highway 1, north on State Highway 1 to Cannon Gulch, northeast
along Cannon Gulch to the Rancho de German Spanish Land Grant boundary,
northwest along the Rancho de German Spanish Land Grant boundary to the
western edge of Range 13 West, South 29 deg. 30'' from this point to
Mean High Water (MHW), southwest along the shoreline at MHW to the
south boundary of the Rancho de German Spanish Land Grant, east along
the Spanish Land Grant boundary to the southeast corner of the land
grant, north on the eastern boundary of the land grant to the eastern
corner of the Kruse Rhododendron State Reserve, south along the Kruse
Rhododendron State Reserve boundary to the westernmost point of the
reserve.
Critical Habitat includes only State lands described within the
following areas:
T.09N., R.13W. Mt. Diablo Meridian: SW\1/4\, SW\1/4\ NW\1/4\,
SW\1/4\ SE\1/4\ Section 18; NW\1/4\ Section 19.
[GRAPHIC] [TIFF OMITTED] TR24MY96.092
Map and description of CA-08-b taken from United States Fish and
Wildlife Service 1:100,000 map; Point Arena and Healdsburg, California;
1995.
Critical Habitat includes only State lands described within the
following areas:
T.08N., R.10W. Mt. Diablo Meridian: NW\1/4\, S\1/2\ SW\1/4\
Section 5; Section 6 except N\1/2\ SE\1/4\; Section 7 except W\1/2\
W\1/2\; W\1/2\ W\1/2\ Section 8; W\1/2\ W\1/2\ Section 17; Section
18 except W\1/2\ SW\1/4\.
T.08N., R.11W. Mt. Diablo Meridian: Section 1 except N\1/2\
NE\1/4\; Section 2 except SW\1/4\ SE\1/4\; Section 3 except S\1/2\
NW\1/4\, SW\1/4\ NE\1/4\; NE\1/4\, N\1/2\ SE\1/4\, E\1/2\ NW\1/4\,
NE\1/4\ SW\1/4\ Section 10; NW\1/4\, N\1/2\ SW\1/4\ Section 11; N\1/
2\ NE\1/4\, SW\1/4\ NE\1/4\ Section 13; NW\1/4\ NW\1/4\ Section 15.
T.09N., R.11W. Mt. Diablo Meridian: SW\1/4\ SW\1/4\ Section 27;
SE\1/4\ SE\1/4\ Section 28; E\1/2\ E\1/2\ Section 33; Section 34;
SW\1/4\, S\1/2\ SE\1/4\ Section 35.
T.09N., R.10W. Mt. Diablo Meridian: SW\1/4\, S\1/2\ SE\1/4\
Section 31; SW\1/4\ Section 32.
[GRAPHIC] [TIFF OMITTED] TR24MY96.093
Map and description of CA-09-a taken from United States Fish and
Wildlife Service 1:100,000 map; Napa, California; 1995.
Critical Habitat includes only State lands bounded by the following
descriptions:
(a) on the west by Point Reyes National Seashore, on the east by
the shoreline of Tomales Bay at Mean High Water (MHW), on the south by
a line beginning at the intersection of Pierce Point Road with Sir
Francis Drake Highway proceeding North 75 deg. 07'03'' East for
4,734.31 feet to the shoreline of Tomales Bay at MHW; (b) on the east
and north by Sir Francis Highway, on the west by Point Reyes National
Seashore, on the south by the southern boundary of the Punta De Los
Reyes (Randall) Spanish Land Grant; (c) State lands within the Nicasio
(Halleck) Spanish Land Grant west of State Highway 1 and east of the
shoreline of Tomales Bay at MHW; and (d) State lands within the Nicasio
(Frink and Reynolds) Spanish Land Grant.
[GRAPHIC] [TIFF OMITTED] TR24MY96.094
Map and description of CA-09-b taken from United States Fish and
Wildlife Service 1:100,000 map; Napa and San Francisco, California;
1995.
Critical Habitat includes only State lands bounded by the following
descriptions: (a) portions of Ranchos Nicasio, San Geronimo, and
Tomales Y Baulines Spanish Land Grants bounded on the north, west, and
south by Golden Gate National Recreation Area and on the east by a line
122 deg. 41'33'' West; and (b) portions of Ranchos Tomales Y Bolinas,
Las Baulines, and Sausalito Spanish Land Grants bounded by a line
starting at the intersection of the Rancho Las Baulines Spanish Land
Grant boundary line with McKinnan Gulch, west along McKinnan Gulch to
the Pacific Ocean, south east along the Pacific Ocean at Mean High
Water (MHW) to the intersection with Cold Stream, east along Cold
Stream to the intersection with State Highway 1, south on State Highway
1 to the intersection with the south end of the Panoramic Highway,
following the Panoramic Highway to the intersection with Rattlesnake
Creek, north along Rattlesnake Creek to the intersection with the
Rancho Sausalito Spanish Land Grant line, southwest along the Spanish
Land Grant boundary to the intersection
[[Page 26317]]
with the Rancho Las Baulines Spanish Land Grant line, north along the
Rancho Las Baulines Spanish Land Grant boundary to the intersection
with McKinnan Gulch.
[GRAPHIC] [TIFF OMITTED] TR24MY96.095
Map and description of CA-10-a taken from United States Fish and
Wildlife Service 1:100,000 map; Grants Pass, Oregon; Happy Camp,
California; 1995.
Critical Habitat includes only Federal lands designated as Late
Successional Reserves described within the following areas:
T.17N., R.07E. Humboldt Meridian: Section 1; Section 2 except
NW\1/4\ SW\1/4\, S\1/2\ SW\1/4\; N\1/2\ Section 3; NE\1/4\ NE\1/4\
Section 4; NE\1/4\ SW\1/4\, E\1/2\ Section 11; N\1/2\ N\1/2\, SW\1/
4\ NW\1/4\, W\1/2\ SW\1/4\ Section 12; NW\1/4\, NW\1/4\ SW\1/4\
Section 13; NE\1/4\, N\1/2\ SE\1/4\ Section 14.
T.17N., R.08E. Humboldt Meridian: Section 6 except E\1/2\ E\1/
2\, SW\1/4\ SE\1/4\.
T.18N., R.07E. Humboldt Meridian: Section 30 except NW\1/4\;
NE\1/4\, N\1/2\ NW\1/4\, Section 31; N\1/2\, NW\1/4\ SW\1/4\ Section
32; Section 36.
T.18N., R.08E. Humboldt Meridian: Section 31 except SE\1/4\
SE\1/4\.
T.41S., R.06W. Willamette Meridian: Section 4 except N\1/2\
NE\1/4\; Section 5 except N\1/2\ NW\1/4\, NW\1/4\ NE\1/4\; SE\1/4\,
S\1/2\ SW\1/4\ Section 6; Sections 7-8; Section 9 except N\1/2\
SW\1/4\, SE\1/4\ SE\1/4\; NW\1/4\ SW\1/4\, W\1/2\ NW\1/4\ Section
10; S\1/2\, NW\1/4\ Section 16; Sections 17-18.
T.41S., R.07W. Willamette Meridian: Section 10 except W\1/2\
NW\1/4\, NE\1/4\ NE\1/4\, NW\1/4\ SW\1/4\; Section 11 except NW\1/
4\; Section 12 except NE\1/4\ NW\1/4\, W\1/2\ NE\1/4\; Sections 13-
15.
Description of lands using protracted Public Land Survey Lines
Critical Habitat includes only Federal lands designated as Late
Successional Reserves described within the following areas:
T.18N., R.07E. Humboldt Meridian: Section 1-4; E\1/2\ Section 5;
NE\1/4\, E\1/2\ SE\1/4\ Section 8; Sections 9-16; E\1/2\ Section 17;
SE\1/4\ SE\1/4\ Section 19; E\1/2\, S\1/2\ SW\1/4\ Section 20;
Sections 21-29; E\1/2\, N\1/2\ NW\1/4\ Section 33; Sections 34-35.
T.18N., R.08E. Humboldt Meridian: SW\1/4\, W\1/2\ NW\1/4\, S\1/
2\ SE\1/4\ Section 6; Section 7; Section 8 except N\1/2\ NE\1/4\,
N\1/2\ NW\1/4\; W\1/2\ SW\1/4\ Section 9; W\1/2\, S\1/2\ SE\1/4\
Section 16; Sections 17-21; Section 28; Section 29 except SW\1/4\
SE\1/4\; Section 30; NW\1/4\ NW\1/4\ Section 32; N\1/2\ NW\1/4\,
E\1/2\ Section 33.
T.19N., R.07E. Humboldt Meridian: E\1/2\ Section 32; Sections
33-36.
[GRAPHIC] [TIFF OMITTED] TR24MY96.096
Map and description of CA-11-a taken from United States Fish and
Wildlife Service 1:100,000 map; Hoopa and Hayfork, California; 1995.
Critical Habitat includes only Federal lands designated as Late
Successional Reserves described within the following areas:
T.07N., R.03E. Humboldt Meridian: E\1/2\ SE\1/4\, W\1/2\ SW\1/
4\, SE\1/4\ NW\1/4\, SW\1/4\ NE\1/4\ Section 1; E\1/2\ NE\1/4\, N\1/
2\ NW\1/4\, SE\1/4\ Section 2; N\1/2\ NE\1/4\, SW\1/4\ NE\1/4\
Section 3; SW\1/4\ SE\1/4\ Section 4; SE\1/4\ NE\1/4\ Section 5;
NE\1/4\ NE\1/4\ Section 8; W\1/2\ NW\1/4\, NE\1/4\ NW\1/4\, NW\1/4\
NE\1/4\, SE\1/4\ NE\1/4\ Section 9; SE\1/4\ NW\1/4\ Section 10; E\1/
2\ E\1/2\, NW\1/4\ NE\1/4\, SW\1/4\ SE\1/4\ Section 11; W\1/2\ W\1/
2\, E\1/2\ E\1/2\, SW\1/4\ SE\1/4\ Section 12; W\1/2\ SW\1/4\
Section 13; E\1/2\ W\1/2\, W\1/2\ E\1/2\, NE\1/4\ NE\1/4\, SE\1/4\
SE\1/4\ Section 14; W\1/2\ NW\1/4\ Section 24.
Description of Lands Using Protracted Public Land Survey Lines
Critical Habitat includes only Federal lands designated as Late
Successional Reserves described within the following areas:
T.08N., R.03E. Humboldt Meridian: SE\1/4\, S\1/2\ NE\1/4\, SE\1/
4\ NW\1/4\, S\1/2\ SW\1/4\, NE\1/4\ SW\1/4\ Section 22; SW\1/4\,
SW\1/4\ NW\1/4\, E\1/2\ SE\1/4\ Section 23; W\1/2\, E\1/2\ SE\1/4\
Section 26; NE\1/4\ NW\1/4\, N\1/2\ NE\1/4\, SE\1/4\ NE\1/4\ Section
27; NW\1/4\ SW\1/4\ Section 33; SE\1/4\ NE\1/4\, SE\1/4\ SE\1/4\,
Section 34; Section 35.
[GRAPHIC] [TIFF OMITTED] TR24MY96.097
Map and description of CA-11-b taken from United States Fish and
Wildlife Service 1:100,000 map; Hayfork, California; 1995.
Critical Habitat includes only Federal lands designated as Late
Successional Reserves described within the following areas:
T.03N., R.02E. Humboldt Meridian: SE\1/4\ NE\1/4\, SW\1/4\ NW\1/
4\, N\1/2\ N\1/2\ Section 1; NE\1/4\, E\1/2\ NW\1/4\, N\1/2\ SE\1/4\
Section 2.
T.03N., R.03E. Humboldt Meridian: N\1/2\ NE\1/4\, SE\1/4\ NW\1/
4\, NE\1/4\ SW\1/4\, W\1/2\ SE\1/4\, Section 6.
T.03N., R.04E. Humboldt Meridian: W\1/2\ NE\1/4\, NW\1/4\
Section 1; Section 2 except SE\1/4\ SE\1/4\; E\1/2\ NE\1/4\, SE\1/4\
SW\1/4\, SE\1/4\ Section 3; W\1/2\ NE\1/4\, NW\1/4\ Section 5; E\1/
2\ NE\1/4\ Section 6.
T.03N., R.05E. Humboldt Meridian: NE\1/4\, N\1/2\ SE\1/4\
Section 6; SW\1/4\ NW\1/4\, N\1/2\ SW\1/4\, SW\1/4\ SW\1/4\ Section
7; NW\1/4\ NW\1/4\ Section 18.
T.04N., R.02E. Humboldt Meridian: S\1/2\ SE\1/4\ Section 25.
T.04N., R.03E. Humboldt Meridian: S\1/2\ NW\1/4\, NW\1/4\ SE\1/
4\, SE\1/4\ SE\1/4\ Section 31.
T.04N., R.04E. Humboldt Meridian: NE\1/4\ Section 1; E\1/2\ E\1/
2\ Section 12; S\1/2\ Section 25; SE\1/4\ NW\1/4\, NW\1/4\ SW\1/4\,
SE\1/4\ Section 26; S\1/2\ NE\1/4\, NW\1/4\, N\1/2\ SE\1/4\ Section
27; N\1/2\, S\1/2\ S\1/2\, NE\1/4\ SW\1/4\, NE\1/4\ SE\1/4\ Section
28; SW\1/4\ NW\1/4\ Section 29; S\1/2\ NE\1/4\, SW\1/4\, W\1/2\
SE\1/4\ Section 30; W\1/2\ NE\1/4\, NW\1/4\, N\1/2\ SE\1/4\, NW\1/4\
SW\1/4\ Section 31; SE\1/4\ NW\1/4\, SW\1/4\ Section 32; N\1/2\ N\1/
2\, SE\1/4\ NE\1/4\, SE\1/4\ NW\1/4\, NE\1/4\ SE\1/4\ Section 33;
Section 34 except N\1/2\ NE\1/4\, S\1/2\ SW\1/4\; Section 35 except
N\1/2\ N\1/2\.
T.04N., R.05E. Humboldt Meridian: Sections 1-7; S\1/2\ S\1/2\
Section 8; Sections 9-12; Section 13 except E\1/2\ NE\1/4\, E\1/2\
SE\1/4\; Section 14; Section 15 except W\1/2\ NW\1/4\ and SW\1/4\;
NE\1/4\ NW\1/4\, NW\1/4\ NE\1/4\ Section 16; NW\1/4\ SW\1/4\ Section
17; N\1/2\, N\1/2\ SE\1/4\ Section 18; Section 19 except W\1/2\ W\1/
2\; Section 20; NE\1/4\ NW\1/4\, SW\1/4\ Section 21; NE\1/4\, N\1/2\
SE\1/4\, E\1/2\ NW\1/4\ Section 22; Section 23; Section 24 except
SE\1/4\ SE\1/4\; N\1/2\ NW\1/4\ Section 25; NW\1/4\ NE\1/4\, NW\1/
4\, NW\1/4\ SW\1/4\ Section 26; NW\1/4\ NW\1/4\ Section 28; Section
29 except S\1/2\ NE\1/4\, N\1/2\ SE\1/4\, SE\1/4\ SE\1/4\; Section
30; Section 31 except SW\1/4\ SW\1/4\; NW\1/4\, W\1/2\ SW\1/4\
Section 32.
T.04N., R.06E. Humboldt Meridian: W\1/2\ W\1/2\ Section 6; W\1/
2\ Section 7.
[[Page 26318]]
T.05N., R.04E. Humboldt Meridian: Sections 1-3; E\1/2\ NE\1/4\
Section 4; NE\1/4\, N\1/2\ NW\1/4\, E\1/2\ E\1/2\ Section 10;
Sections 11-13; Section 14 except SW\1/4\, SW\1/4\ NW\1/4\; Section
23 except W\1/2\ SW\1/4\, W\1/2\ SE\1/4\; Section 24; N\1/2\ NW\1/
4\, S\1/2\ SE\1/4\ Section 25; E\1/2\ NW\1/4\ Section 26.
T.05N., R.05E. Humboldt Meridian: Section 4 except E\1/2\;
Sections 5-8; Section 9 except E\1/2\; Section 16 except E\1/2\ E\1/
2\; Sections 17-20; Section 21 except E\1/2\ NE\1/4\; W\1/2\ SW\1/4\
Section 22; W\1/2\ SW\1/4\ Section 25; S\1/2\ Section 26; Section 27
except NE\1/4\, N\1/2\ SE\1/4\; Sections 28-35; W\1/2\ W\1/2\, S\1/
2\ S\1/2\ Section 36.
T.06N., R.04E. Humboldt Meridian: Sections 13-15; Sections 21-
27; Section 28 except SW\1/4\ NW\1/4\, NW\1/4\ SW\1/4\; Section 33
except W\1/2\ NW\1/4\, SW\1/4\; Sections 34-35.
T.06N., R.05E. Humboldt Meridian: W\1/2\, W\1/2\ SE\1/4\ Section
18; Section 19 except E\1/2\ NE\1/4\; SW\1/4\ SW\1/4\ Section 29;
Sections 30-31; Section 32 except NE\1/4\, NE\1/4\ SE\1/4\, NE\1/4\
NW\1/4\.
[GRAPHIC] [TIFF OMITTED] TR24MY96.098
Map and description of CA-11-c taken from United States Fish and
Wildlife Service 1:100,000 map; Garberville, California; 1995.
Critical Habitat includes only Federal lands designated as Late
Successional Reserves described within the following areas:
T.02S., R.04E. Humboldt Meridian: E\1/2\ NE\1/4\, SW\1/4\, N\1/
2\ SE\1/4\, SW\1/4\ SE\1/4\ Section 10; SW\1/4\ NW\1/4\ Section 11;
SE\1/4\ NE\1/4\ Section 15.
T.01S., R.04E. Humboldt Meridian: SW\1/4\ NW\1/4\, SW\1/4\ SW\1/
4\ Section 1; Section 2 except NE\1/4\ NE\1/4\ and S\1/2\ SW\1/4\;
NW\1/4\ NE\1/4\ Section 3; SE\1/4\ NW\1/4\ Section 30.
T.01N., R.04E. Humboldt Meridian: S\1/2\ SE\1/4\ Section 17;
E\1/2\, E\1/2\ SW\1/4\ Section 20; SW\1/4\ NE\1/4\, SW\1/4\ NW\1/4\,
SW\1/4\, NW\1/4\ SE\1/4\, S\1/2\ SE\1/4\ Section 21; S\1/2\ SW\1/4\
Section 22; SW\1/4\ NW\1/4\ Section 23; NW\1/4\ NW\1/4\ Section 27;
S\1/2\ NE\1/4\, SE\1/4\ NW\1/4\, E\1/2\ SW\1/4\, SE\1/4\ Section 34;
S\1/2\ NW\1/4\, SW\1/4\, SW\1/4\ SE\1/4\ Section 35.
[GRAPHIC] [TIFF OMITTED] TR24MY96.099
Map and description of CA-11-d taken from United States Fish and
Wildlife Service 1:100,000 map; Hoopa and Hayfork, California; 1995.
Critical Habitat includes only Federal lands designated as Late
Successional Reserves described within the following areas:
T.07N., R.05E. Humboldt Meridian: N\1/2\ NE\1/4\ Section 8;
NE\1/4\, E\1/2\ SE\1/4\, NE\1/4\ NW\1/4\ Section 9; Section 24
except W\1/2\ W\1/2\; NW\1/4\, NE\1/4\ SE\1/4\ Section 25 ; SW\1/4\
NW\1/4\, W\1/2\ SW\1/4\, NW\1/4\, NE\1/4\ SE\1/4\ Section 34.
Description of Lands Using Protracted Public Land Survey Lines
Critical Habitat includes only Federal lands designated as Late
Successional Reserves described within the following areas:
T.06N., R.06E. Humboldt Meridian: W\1/2\ W\1/2\ Section 1;
Sections 2-3; Section 4 except W\1/2\ SW\1/4\, SE\1/4\ SW\1/4\;
NE\1/4\ NE\1/4\ Section 9; SE\1/4\, N\1/2\, SE\1/4\ NE\1/4\ Section
10; Section 11 except E\1/2\ E\1/2\, S\1/2\ SE\1/4\; NW\1/4\ NE\1/
4\, SW\1/4\ SW\1/4\, N\1/2\ SW\1/4\, NW\1/4\ Section 14; NE\1/4\
NE\1/4\, E\1/2\ SE\1/4\ Section 15.
T.07N., R.05E. Humboldt Meridian: Sections 1-3; Section 4 except
NW\1/4\ NW\1/4\; E\1/2\, Section 5; Sections 10-13; N\1/2\ N\1/2\,
SE\1/4\ NE\1/4\ Section 14.
T.07N., R.06E. Humboldt Meridian: W\1/2\ NE\1/4\, N\1/2\ SW\1/4\
NW\1/4\, NW\1/4\ SE\1/4\ Section 2; Section 3 except S\1/2\ SE\1/4\,
SE\1/4\ SW\1/4\; Sections 4-8; NW\1/4\, S\1/2\ Section 9; SW\1/4\,
NW\1/4\ SE\1/4\, S\1/2\ SE\1/4\ Section 10; SW\1/4\ SW\1/4\ Section
11; SE\1/4\ SE\1/4\ Section 12; Section 13 except NW\1/4\ NW\1/4\;
Sections 14-23; Section 24 except SE\1/4\ SE\1/4\; Section 25 except
SE\1/4\ SE\1/4\; Sections 26-30; E\1/2\ E\1/2\, NW\1/4\ NE\1/4\
Section 31; Section 32 except SE\1/4\ SW\1/4\; Sections 33-35; W\1/
2\ SW\1/4\, NW\1/4\ Section 36.
T.07N., R.07E. Humboldt Meridian: SW\1/4\ SE\1/4\, SW\1/4\
Section 6; SW\1/4\, NW\1/4\, W\1/2\ NE\1/4\ Section 7.
T.08N., R.05E. Humboldt Meridian: E\1/2\, E\1/2\ NW\1/4\, NE\1/
4\ SW\1/4\ Section 1; E\1/2\ E\1/2\, E\1/2\ NW\1/4\ Section 12;
NE\1/4\ NE\1/4\ Section 13; SE\1/4\ SE\1/4\ Section 25; SE\1/4\
SE\1/4\ Section 33; SE\1/4\ NE\1/4\, S\1/2\ Section 34; S\1/2\, S\1/
2\ N\1/2\ Section 35; Section 36 except NW\1/4\ NW\1/4\.
T.08N., R.06E. Humboldt Meridian: W\1/2\ W\1/2\ Section 4;
Sections 5-8; W\1/2\ W\1/2\ Section 9; S\1/2\ SW\1/4\, SW\1/4\ SE\1/
4\ Section 14; SW\1/4\, S\1/2\ SE\1/4\ Section 15; S\1/2\ Section
16; Sections 17-18; Section 19 except W\1/2\ W\1/2\; Sections 20-22;
W\1/2\, W\1/2\ NE\1/4\, NW\1/4\ SE\1/4\ Section 23; Sections 27-29;
Section 30 except W\1/2\ NW\1/4\; Sections 31-34; W\1/2\ SE\1/4\,
SE\1/4\ NW\1/4\, SW\1/4\ Section 35.
T.09N., R.05E. Humboldt Meridian: Section 12; Section 13; E\1/2\
SE\1/4\, SE\1/4\ NE\1/4\ Section 14; E\1/2\ E\1/2\, W\1/2\ NE\1/4\,
Sections 23-25; E\1/2\ NE\1/4\ Section 26; Section 36 except SW\1/4\
SW\1/4\.
T.09N., R.06E. Humboldt Meridian: N\1/2\ SW\1/4\ Section 1;
Section 2 except SE\1/4\ SE\1/4\; Section 3 except N\1/2\ NW\1/4\;
N\1/2\ Section 4; SE\1/4\, E\1/2\ SW\1/4\ Section 5; SE\1/4\, SE\1/
4\ NE\1/4\, E\1/2\ SW\1/4\ Section 7; Sections 8-9; N\1/2\ NE\1/4\,
SW\1/4\ NE\1/4\, W\1/2\ SE\1/4\, W\1/2\ Section 10; Section 16
except SE\1/4\; Sections 17-20; W\1/2\ E\1/2\, W\1/2\ Section 21;
NW\1/4\, W\1/2\ SW\1/4\ Section 28; Sections 29-32; W\1/2\ W\1/2\
Section 33.
T.10N., R.06E. Humboldt Meridian: S\1/2\ S\1/2\, NE\1/4\ SW\1/
4\, NW\1/4\ SE\1/4\ Section 35; S\1/2\ S\1/2\ Section 36.
[GRAPHIC] [TIFF OMITTED] TR24MY96.100
Map and description of CA-12 taken from United States Fish and
Wildlife Service 1:100,000 map; California; 1995.
Critical Habitat includes only City lands described within the
following areas:
T.04S., R.05W. Mount Diablo Meridian: N\1/2\ SE\1/4\ Section 32;
S\1/2\ NW\1/4\, SE\1/4\, SW\1/4\ NE\1/4\, N\1/2\ SW\1/4\, SE\1/4\
SW\1/4\ Section 33; SW\1/4\ SW\1/4\ Section 34.
T.05S., R.05W. Mount Diablo Meridian: NW\1/4\, NW\1/4\ SW\1/4\
Section 3; SE\1/4\ NE\1/4\, N\1/2\ N\1/2\, NE\1/4\ SE\1/4\ Section
4.
[[Page 26319]]
[GRAPHIC] [TIFF OMITTED] TR24MY96.101
Map and description of CA-13 taken from United States Fish and
Wildlife Service 1:100,000 map; California; 1995.
Critical Habitat includes only County lands bounded by the
following description within Spanish Land Grant Canada de Raymundo:
Starting at the intersection of West Union Creek with the San
Francisco State Fish and Game Refuge boundary, west along the San
Francisco State Fish and Game Refuge boundary to the intersection with
State Highway 35, southeast on State Highway 35 to the intersection
with the San Francisco State Fish and Game Refuge boundary, southeast
along the San Francisco State Fish and Game Refuge boundary to Woodside
City boundary, northeast along Woodside City boundary to the
intersection with Greer Road, northwest on Greer Road to the
intersection with West Union Creek, north along West Union Creek to the
intersection with the San Francisco State Fish and Game Refuge
boundary.
[GRAPHIC] [TIFF OMITTED] TR24MY96.102
Map and description of CA-14-a taken from United States Fish and
Wildlife Service 1:100,000 map; California; 1995.
Critical Habitat includes only County lands described within the
following areas:
T.07S., R.03W. Mount Diablo Meridian: S\1/2\, SE\1/4\ NE\1/4\
Section 31; W\1/2\ SW\1/4\, SW\1/4\ NW\1/4\ Section 32.
T.07S., R.04W. Mount Diablo Meridian: S\1/2\ NE\1/4\, SE\1/4\
Section 22; S\1/2\ SW\1/4\, NW\1/4\ SW\1/4\ Section 23; SW\1/4\,
W\1/2\ SE\1/4\, S\1/2\ NW\1/4\, SW\1/4\ NE\1/4\ Section 25; Section
26 except SW\1/4\, NE\1/4\ NE\1/4\, S\1/2\ SE\1/4\, W\1/2\ NW\1/4\;
E\1/2\, SE\1/4\ NW\1/4\ Section 33; S\1/2\, SW\1/4\ NW\1/4\ Section
34; Section 35 except N\1/2\ N\1/2\; Section 36 except E\1/2\ NE\1/
4\.
T.08S., R.03W. Mount Diablo Meridian: Sections 6-7; S\1/2\ S\1/
2\ Section 8; SW\1/4\ SW\1/4\ Section 9; NW\1/4\ Section 16; N\1/2\
N\1/2\, SW\1/4\ NW\1/4\ Section 17; N\1/2\, N\1/2\ SE\1/4\ Section
18.
T.08S., R.04W. Mount Diablo Meridian: Sections 1-2; SE\1/4\
Section 3; NE\1/4\ NE\1/4\, N\1/2\ NW\1/4\ Section 10; NE\1/4\, N\1/
2\ NW\1/4\ Section 11; Section 12 except SW\1/4\ SW\1/4\.
Critical Habitat includes only Private lands described within the
following areas:
T.07S., R.04W. Mount Diablo Meridian: N\1/2\ NE\1/4\ Section 35.
T.08S., R.04W. Mount Diablo Meridian: S\1/2\ Section 4; SE\1/4\
Section 5; Sections 7-8; N\1/2\ Section 9; Section 16-18; Section 20
except NW\1/4\, SE\1/4\ SE\1/4\; NW\1/4\ Section 21.
Description of Lands Using Protracted Public Land Survey Lines
Critical Habitat includes only State lands described within the
following areas:
T.07S., R03W. Mount Diablo Meridian: W\1/2\ SE\1/4\, SW\1/4\,
SE\1/4\ NW\1/4\, SW\1/4\ NE\1/4\ Section 33.
T.08S., R03W. Mount Diablo Meridian: N\1/2\ SW\1/4\ Section 2;
S\1/2\ Section 3; E\1/2\ Section 4; S\1/2\ NW\1/4\, NW\1/4\ NW\1/4\,
SW\1/4\, W\1/2\ SE\1/4\ Section 5; Section 8 except SW\1/4\ SW\1/4\;
Section 9 except S\1/2\ SE\1/4\, NE\1/4\ SE\1/4\, SE\1/4\ NE\1/4\;
NW\1/4\ Section 10.
T.08S., R04W. Mount Diablo Meridian: Section 19; S\1/2\ SE\1/4\
Section 20; Section 21 except NW\1/4\; Section 22 except SE\1/4\,
E\1/2\ SW\1/4\; Section 23 except S\1/2\ S\1/2\; W\1/2\ SW\1/4\
Section 24; NW\1/4\, NW\1/4\ NE\1/4\ Section 28; Sections 29-30;
N\1/2\ Section 32.
Critical Habitat includes only State lands within Rancho Punta del
Ano Nuevo Spanish Land Grant bounded by the following description:
Starting at the intersection of Butano Park Road with Cloverdale
Road, south along Cloverdale Road to the intersection with Gazos Creek
Road, east along Gazos Creek Road to the intersection with Punta del
Ano Nuevo Spanish Land Grant boundary, north along the Punta del Ano
Nuevo Spanish Land Grant boundary to the intersection with Butano Park
Road, west along Butano Park Road to the intersection of Butano Park
Road with Cloverdale Road.
[GRAPHIC] [TIFF OMITTED] TR24MY96.103
Map and description of CA-14-b taken from United States Fish and
Wildlife Service 1:100,000 map; California; 1995.
Description of Lands Using Protracted Public Land Survey Lines
Critical Habitat includes only State lands described within the
following areas:
T.08S., R.03W. Mount Diablo Meridian: SE\1/4\ SW\1/4\, S\1/2\
SE\1/4\ Section 19; S\1/2\ SW\1/4\ Section 20; NE\1/4\ NE\1/4\,
SW\1/4\ SE\1/4\ Section 26, Section 29 ; Section 30 except NW\1/4\
NW\1/4\; Sections 31-33.
T.08S., R.04W. Mount Diablo Meridian: SE\1/4\, S\1/2\ SW\1/4\
Section 25; S\1/2\ Section 35; Section 36.
T.09S., R.03W. Mount Diablo Meridian: NW\1/4\ Section 3;
Sections 4-8; SE\1/4\ NW\1/4\, SW\1/4\, N\1/2\ NE\1/4\, SE\1/4\
NE\1/4\, N\1/2\ SE\1/4\, SE\1/4\ SE\1/4\ Section 9; S\1/2\ SW\1/4\,
NW\1/4\ SW\1/4\, Section 10; NW\1/4\ Section 15; NE\1/4\, N\1/2\
SE\1/4\ Section 16; W\1/2\ NW\1/4\ Section 17; Section 18; N\1/2\
NW\1/4\, SE\1/4\ NW\1/4\, N\1/2\ SW\1/4\ Section 19; S\1/2\ NE\1/4\,
NW\1/4\ SE\1/4\, SE\1/4\ SE\1/4\ Section 30; S\1/2\ N\1/2\, NE\1/4\
NE\1/4\ Section 31.
T.09S., R.04W. Mount Diablo Meridian: Sections 1-2; Section 3
except N\1/2\ NW\1/4\, E\1/2\ SW\1/4\; NW\1/4\ NE\1/4\, SE\1/4\
NE\1/4\ Section 4; SE\1/4\, S\1/2\ SW\1/4\, NE\1/4\ SW\1/4\, S\1/2\
NE\1/4\ Section 9; Section 10 except NW\1/4\; Sections 11-12;
Section 13 except SW\1/4\ SE\1/4\; Section 14; Section 15 except
SE\1/4\ SE\1/4\; Section 16; NE\1/4\ NE\1/4\ Section 21; Section 22
except SW\1/4\ SE\1/4\, SE\1/4\ SW\1/4\; Section 23; Section 24;
N\1/2\ NW\1/4\, SE\1/4\ SE\1/4\, SE\1/4\ SW\1/4\ Section 25; W\1/2\,
W\1/2\ E\1/2\ Section 26; Section 27 except NW\1/4\ NW\1/4\; Section
34; NE\1/4\ NW\1/4\, W\1/2\ W\1/2\ SE\1/4\ SW\1/4\ Section 35.
T.10S., R.04W. Mount Diablo Meridian: Sections 2-3.
Critical Habitat includes only Private lands described within the
following areas:
T.09S., R.04W. Mount Diablo Meridian: Section 16; Section 21
except S\1/2\, E\1/2\ NE\1/4\.
Critical Habitat includes only State lands bounded by the following
description within Spanish Land Grant Punta de Ano Nuevo:
[[Page 26320]]
Starting at the intersection of the Spanish Land Grant boundary
with Green Oaks Creek, north along the Spanish Land Grant boundary to
the intersection with Gazos Creek, west along Gazos Creek to the
intersection with State Highway 1, south on State Highway 1 to the
intersection with Green Oaks Creek, and east along Green Oaks Creek to
the Spanish Land Grant boundary.
[GRAPHIC] [TIFF OMITTED] TR24MY96.104
Map and description of CA-14-c taken from United States Fish and
Wildlife Service 1:100,000 map; California; 1995.
Critical Habitat includes only State lands described within the
following areas:
T.08S., R.02W. Mount Diablo Meridian: SW\1/4\, S\1/2\ SE\1/4\
Section 17; S\1/2\ Section 18; Section 19 except S\1/2\ SW\1/4\,
NW\1/4\ SW\1/4\; Section 20 except SE\1/4\ SE\1/4\; N\1/2\ Section
29.
[GRAPHIC] [TIFF OMITTED] TR24MY96.105
Map and description of CA-15 taken from United States Fish and
Wildlife Service 1:100,000 map; California; 1995.
Critical Habitat includes only State lands described within the
following areas:
T.10S., R.02W. Mount Diablo Meridian: S\1/2\ S\1/2\, NW\1/4\
SW\1/4\ Section 6; Section 7 except S\1/2\ SW\1/4\, ; SW\1/4\, S\1/
2\ NW\1/4\, SW\1/4\ SE\1/4\, NW\1/4\ NW\1/4\ Section 8; SW\1/4\,
S\1/2\ NW\1/4\, NW\1/4\ NW\1/4\, S\1/2\ SE\1/4\, NW\1/4\ SE\1/4\
Section 16; Section 17 except SW\1/4\ SW\1/4\; SE\1/4\ NE\1/4\,
NE\1/4\ SE\1/4\ Section 18; N\1/2\ NW\1/4\ Section 20; NE\1/4\, E\1/
2\ NW\1/4\ Section 21.
Critical Habitat includes only State lands within the following
area:
Spanish Land Grant Canada del Rincon en el Rio de San Lorenzo de
Santa Cruz west of Graham Hill Road.
Critical Habitat includes only State lands bounded by the following
description within Spanish Land Grant Rancho Refugio:
Starting at the intersection of State Highway 1 with the western
boundary of the Rancho Refugio Spanish Land Grant, proceeding east on
State Highway 1 to its intersection with Moore Creek, north along Moore
Creek to the intersection with Empire Grade Road, northwest on Empire
Grade Road to the intersection with the eastern boundary of the Rancho
Refugio Spanish Land Grant, west and then southwest along the Rancho
Refugio Spanish Land Grant boundary to the intersection with State
Highway 1.
[GRAPHIC] [TIFF OMITTED] TR24MY96.106
* * * * *
Dated: May 15, 1996.
George T. Frampton, Jr.,
Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 96-12647 Filed 5-23-96; 8:45 am]
BILLING CODE 4310-55-P
Complete official Federal Register PDF
FR Doc. 96-12573 Personal Protective Equipment for Shipyard Employment (PPE)
[Federal Register Volume 61, Number 102 (Friday, May 24, 1996)]
[Rules and Regulations]
[Pages 26322-26360]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-12573]
[[Page 26321]]
_______________________________________________________________________
Part III
Department of Labor
_______________________________________________________________________
Occupational Safety and Health Administration
_______________________________________________________________________
29 CFR Part 1915
Personal Protective Equipment for Shipyard Employment; Final Rule
Federal Register / Vol. 61, No. 102 / Friday, May 24, 1996 / Rules
and Regulations
[[Page 26322]]
DEPARTMENT OF LABOR
Occupational Safety and Health Administration
29 CFR Part 1915
[Docket No. S-045]
RIN 1218-AA74 (AB06)
Personal Protective Equipment for Shipyard Employment (PPE)
AGENCY: Occupational Safety and Health Administration, Department of
Labor.
ACTION: Final Rule.
-----------------------------------------------------------------------
SUMMARY: The Occupational Safety and Health Administration (OSHA) is
revising its standards for Personal Protective Equipment (PPE) for
Shipyard Employment, 29 CFR part 1915, subpart I. The final rule
updates, reorganizes, and simplifies shipyard employment PPE standards
into a comprehensive framework that encompasses the shipbuilding, ship
repair, and shipbreaking industries. Where appropriate, the final rule
deletes existing specification-oriented provisions that limit employer
innovation and incorporates performance-oriented language.
EFFECTIVE DATES: The final rule becomes effective August 22, 1996
except for Secs. 1915.152(b), 1915.152(e), 1915.159(d), 1915.160(d),
will not become effective until an Office of Management and Budget
(OMB) Control number is received and displayed for these ``collections
of information'' in accordance with the Paperwork Reduction Act of 1995
(44 U.S.C. 3501 et seq.). The incorporations by reference of certain
publications listed in this final rule is approved by the Director of
the Federal Register as of August 22, 1996.
Other Dates: Written comments on the paperwork requirements of this
final rule must be submitted on or before July 23, 1996.
ADDRESSES: In compliance with 28 U.S.C. 2112(a), the Agency designates
the Associate Solicitor for Occupational Safety and Health, Office of
the Solicitor, Room S-4004, U.S. Department of Labor, 200 Constitution
Avenue, N.W., Washington, D.C. 20210 for receipt of petitions for
review of the standard.
Comments on the paperwork requirements of this final rule are to be
submitted to the Docket Office, Docket No. S-045, U.S. Department of
Labor, Room N-2625, 200 Constitution Ave., NW., Washington, DC 202l0,
telephone (202) 219-7894. Written comments limited to 10 pages or less
in length may also be transmitted by facsimile to (202) 219-5046.
FOR FURTHER INFORMATION CONTACT: Ms. Anne C. Cyr, Acting Director,
Office of Information, Division of Consumer Affairs, Room N-3647, U.S.
Department of Labor, 200 Constitution Avenue, N.W., Washington, D.C.
20210; Telephone (202) 219-8151.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Background
II. Workplace Hazards
III. Summary and Explanation of Final Rule
IV. Summary of Final Economic Analysis, Regulatory Flexibility
Certification, and Environmental Impact Assessment
V. Paperwork Burden
VI. Statutory Considerations
VII. Federalism
VIII. State Plans
IX. Authority
I. Background
In May 1971, the Occupational Safety and Health Administration
(OSHA), under authority granted by section 6(a) of the Occupational
Safety and Health Act of 1970 (29 U.S.C. 655), adopted Federal
standards issued under section 41 of the Longshore and Harbor Workers'
Compensation Act (33 U.S.C. 941), as standards applicable to ship
repairing (29 CFR part 1915), shipbuilding (29 CFR part 1916), and
shipbreaking (29 CFR part 1917) operations. OSHA also adopted other
Federal standards and national consensus standards as general industry
standards (29 CFR part 1910) and construction industry standards (29
CFR part 1926), which apply to shipyard hazards and working conditions
not specifically covered by standards in parts 1915, 1916, or 1917.
On April 20, 1982 (47 FR 16984), the ship repairing, shipbuilding,
and shipbreaking standards were consolidated into 29 CFR part 1915
``Occupational Safety and Health Standards for Shipyard Employment.''
The purpose of the consolidation was to eliminate duplicative
provisions. The consolidation did not alter substantive requirements of
these standards, nor did it affect the applicability of the general
industry and construction standards in 29 CFR parts 1910 and 1926,
respectively, to hazards or conditions in shipyard employment not
addressed in the consolidated part 1915.
Later in 1982, the Shipbuilders Council of America (SCA) and the
American Waterways Shipyard Conference (AWSC) requested that OSHA
identify the specific provisions of the general industry standards that
apply to shipyards and then consolidate them into the existing part
1915 provisions, making one set of shipyard employment standards. OSHA
agreed that such consolidation was appropriate, and decided to begin
work on a subpart-by-subpart basis.
As part of that effort, OSHA published a Notice of Proposed
Rulemaking (NPRM) in the Federal Register for subpart I of part 1915
(Personal Protective Equipment (PPE), November 29, 1988, 53 FR 48092).
In particular, the proposed rule updated the pertinent references to
national consensus standards, incorporated Sec. 1910.134 (respiratory
protection) by reference to replace the less comprehensive provisions
in Sec. 1915.152, and added requirements for hazard assessment,
training, fall protection systems, and positioning device systems. OSHA
received 10 comments in response to the NPRM. Those comments are
discussed in the Summary and Explanation section of this document,
below.
A short time after the November 1988 publication of the proposed
rule on PPE, the Shipyard Employment Standards Advisory Committee
(SESAC) was established. SESAC was chartered to provide OSHA with
guidance in revising, consolidating, and modernizing the varying sets
of regulations that were being applied in the shipyard industry to
produce a truly vertical standard for all shipyard employment. The
intended result of this activity was the development of a single set of
occupational safety and health standards for shipyard employment that
would cover vessels, vessel sections and related activities. The newly
developed shipyard employment standards would apply to all shipyard
employment. SESAC provided OSHA with comments on PPE-related issues,
and their comments are discussed in the Summary and Explanation below.
Following publication of the proposed 1915 shipyard PPE standard,
OSHA initiated two rulemakings to address General Industry Personal
Protective Equipment (PPE) standards. The first of these PPE
rulemakings (NPRM at 54 FR 33832, August 16, 1989) covered all PPE
(such as eye, face, hand, and foot) other than respiratory protection,
electrical protective equipment, personal protective systems, and
positioning device systems. The Agency published the final rule for
this rulemaking on April 6, 1994 (59 FR 16334). The Agency also
initiated a second general industry rulemaking to add requirements for
personal fall arrest systems and positioning systems to the general
industry PPE standards (Docket S-057; NPRM at 55 FR 12323, April 10,
[[Page 26323]]
1990). This rulemaking had not yet been concluded.
The Agency determined that the information in the above-noted
rulemaking records was relevant to the issues raised in the Shipyard
PPE proposal. Accordingly, on July 6, 1994, OSHA reopened the Shipyard
PPE rulemaking record (59 FR 34586) to incorporate the General Industry
PPE dockets and to allow the public an opportunity to comment. The
Agency indicated that it was considering more detailed guidance
regarding: Adequate training requirements; verification of the proposed
hazard assessment and training requirements through written
certification; and prohibition of the use of body belts and non-locking
snaphooks. OSHA subsequently revised its requirements for fall
protection in construction (final rule at 59 FR 40672, August 9, 1994).
The final rule, containing requirements for personal fall protection
equipment similar to those in the shipyard PPE proposal, prohibited the
use of body belts in personal fall arrest systems (PFAS)
(Sec. 1926.502(d) introductory text) and the use of non-locking
snaphooks in PFAS (Sec. 1926.502(d)(5)) and in positioning systems
(Sec. 1926.502(e)(7)). Those prohibitions take effect on January 1,
1998.
The shipyard PPE reopening comment period ended August 22, 1994.
OSHA received 13 comments, including one hearing request. Those
comments are discussed in the Summary and Explanation section below.
In lieu of a hearing, OSHA agreed to hold an informal public
meeting (59 FR 64173, December 13, 1994) to allow comments and
testimony on the issues raised in the reopening. At the public meeting
on January 25, 1995, there were five oral presentations and five
written submissions, which are discussed in the Summary and Explanation
section. The rulemaking record closed on February 28, 1995.
II. Workplace Hazards
OSHA has determined that employees in shipyards are exposed to a
significant risk of injury from hazards that can be mitigated by the
use of suitable personal protective equipment. OSHA has also concluded
that compliance with the final standard will substantially reduce
employee exposure to PPE-related hazards.
The shipyard industry has had one of the highest rates of injuries
of any industry for many years. In 1992, the shipyard industry, SIC
3731, had an injury rate of 34.2 per 100 full-time employees
(``Occupational Injuries and Illnesses: Counts, Rates, and
Characteristics, 1992,'' published by the Bureau of Labor Statistics in
April, 1995). Approximately half of these injuries were severe enough
to result in lost time from work. These numbers mean that a shipyard
employee has about a 1 in 3 chance (34 percent) of experiencing an
injury at work annually and a 1 in 10 chance every year of being
injured seriously enough to require time away from work to recuperate.
In comparison, the average annual risk of injury for all employees
in the United States was about 9 per 100 full-time employees in 1992;
for the manufacturing sector of the economy, the annual injury rate was
about 11 per 100 full-time employees.
Table 1 presents estimates of lost-workday injuries by body part
based on 1992 Bureau of Labor Statistics (BLS) data. These estimates
are consistent with injury data from a Department of Transportation
Maritime Administration survey and the Agency's analysis of OSHA 200
Forms (discussed further in the Benefits section of the summary of the
Economic Analysis, presented later in this Preamble). Table 2 presents
BLS lost workday injury data by nature of injury.
Table 1.--BLS Estimates of Shipyard injuries involving Lost Workdays by Body Part
----------------------------------------------------------------------------------------------------------------
Number of
Body part Number of 1992 extrapolated 1994 Percent (%)
injuries (a) injuries (b)
----------------------------------------------------------------------------------------------------------------
Head, unspecified................................... 73 63 0.6
Ear(s).............................................. 0 0 0.0
Eyes(s)............................................. 1,080 925 9.4
Face................................................ 51 44 0.4
Scalp............................................... 91 78 0.8
Neck................................................ 350 300 3.0
Arm(s) unspecified.................................. 49 42 0.4
Elbow............................................... 265 227 2.3
Forearm............................................. 128 110 1.1
Wrist............................................... 478 409 4.1
Hand(s)............................................. 508 435 4.4
Finger(s)........................................... 720 617 6.2
Upper extremities, multiple......................... 0 0 0.0
Trunk, unspecified.................................. 0 0 0.0
Abdomen............................................. 88 75 0.8
Back, unspecified................................... 954 817 8.3
Back, lumbar........................................ 1,198 1,026 10.4
Back, thoracic...................................... 168 144 1.5
Chest............................................... 289 247 2.5
Hip................................................. 306 262 2.7
Shoulder(s)......................................... 601 515 5.2
Trunk, multiple parts............................... 0 0 0.0
Lower extremities, unspecified...................... 0 0 0.0
Leg(s), unspecified................................. 59 51 0.5
Thighs.............................................. 89 76 0.8
Knee(s)............................................. 1,073 919 9.3
Lower leg(s)........................................ 123 105 1.1
Leg(s), multiple.................................... 0 0 0.0
Ankle(s)............................................ 624 534 5.4
Foot/feet........................................... 488 418 4.2
Toe(s).............................................. 123 105 1.1
Lower extremities, multiple......................... 0 0 0.0
[[Page 26324]]
Multiple body parts................................. 674 577 5.8
Circulatory system.................................. 0 0 0.0
Digestive system.................................... 0 0 0.0
Excretory system.................................... 0 0 0.0
Nervous system...................................... 0 0 0.0
Respiratory system.................................. 0 0 0.0
Body parts, NEC..................................... 163 140 1.4
Not identified by body part......................... 720 617 6.2
-----------------------------------------------------------
Total........................................... 11,533 9,876 100.0
----------------------------------------------------------------------------------------------------------------
(a) Bureau of Labor Statistics. Survey of Occupational injuries and illnesses, 1
(b) Extrapolation based on decline in shipyard employment of 14.4 percent bet 1992 and 1994.
Table 2.--BLS Estimates of Shipyard Injuries Involving Lost Workdays, by Nature of Injury
----------------------------------------------------------------------------------------------------------------
Number of
Nature of injury Number of 1992 extrapolated 1994 Percent (%)
injuries (a) injuries (b)
----------------------------------------------------------------------------------------------------------------
Amputation.......................................... 0 0 0.0
Burn (heat)......................................... 410 351 3.6
Burn (chemical)..................................... 80 69 0.7
Concussion.......................................... 0 0 0.0
Infective/parasitic disease......................... NA NA NA
Contusion/bruise.................................... 2,085 1,785 18.1
Cut/laceration/puncture............................. 622 533 5.4
Dermatitis.......................................... 0 0 0.0
Dislocation, unspecified............................ 88 75 0.8
Electric shock...................................... 0 0 0.0
Fracture............................................ 558 478 4.8
Low temperature exposure............................ NA NA NA
Hearing loss or impairment.......................... 0 0 0.0
Inflammation of joints.............................. 114 98 1.0
Poisoning........................................... 114 98 1.0
Radiation effects................................... 213 182 1.8
Scratches/abrasions................................. 728 623 6.3
Sprains/strains, unspecified........................ 5,044 4,319 43.7
Torn ligaments...................................... NA NA NA
Sprains/strains, NEC................................ NA NA NA
Multiple injuries................................... 308 264 2.7
Circulatory system condition........................ 0 0 0.0
Eye diseases........................................ 0 0 0.0
Nervous system condition............................ 255 218 2.2
Respiratory system condition........................ 0 0 0.0
Ill-defined condition............................... 0 0 0.0
Other injury, NEC................................... 216 185 1.9
Not identified by nature............................ 698 598 6.1
Total........................................... 11,533 9,876 100.0
----------------------------------------------------------------------------------------------------------------
(a) Bureau of Labor Statistics. Survey of Occupational Injuries and Illnesses, 19
(b) Extrapolation based on decline in shipyard employment of 14.4 percent between 1992 and 1994.
NA: Not applicable. Nature of injury category not incuded in BLS tabulations.
Shipyard employment typically involves fabrication and repair of
large steel plates, beams, and pipes as well as painting and coating
operations and other outfitting activities such as electrical work,
ventilation and sheet metal work, and work on propulsion systems.
Welding is a common production technology, requiring grinding and
chipping of welds and accounting for many eye injuries. Employees also
frequently work in awkward positions, out-of-doors throughout the year,
on scaffolds, and in enclosed or confined spaces. The shipyard
industry's relatively high employment turnover rate contributes to the
high rates of injuries, because newly hired workers tend to be less
well trained and have a higher frequency of accidents.
The Agency has concluded that PPE-related hazards pose a
significant risk of serious injury to shipyard employees, and that
compliance with the PPE standard is needed to substantially reduce that
risk. The Agency has estimated that compliance with the final PPE
regulation will significantly reduce the likelihood of an injury--from
34.2 to 21 per 100 full-time employees per year.
For a full discussion of the benefits of the final standard see the
summary of the Economic Analysis presented below in this preamble or
the full Economic Analysis, which is in the docket.
III. Summary and Explanation of Final Rule
In this section of the preamble, OSHA explains how the final rule
relates to the proposed and existing standards, and
[[Page 26325]]
how the comments and testimony presented on each provision influenced
the drafting of the final rule. This section also addresses issues
raised in the July 6, 1994, reopening notice and the December 13, 1994,
public meeting notice. Except where otherwise indicated, proposed
provisions that did not elicit comments are being promulgated as
proposed, for reasons stated in the preamble to the proposed rule (53
FR 48151-48158).
As discussed above, on April 6, 1994, OSHA issued a final rule for
its rulemaking on PPE used in general industry (59 FR 16334) (part
1910, subpart I, Docket S-060). That document updated the regulation of
PPE for eye and face (Sec. 1910.133), head (Sec. 1910.135) and foot
protection (Sec. 1910.136), and added provisions for hazard assessment,
PPE selection, disposal and training (Sec. 1910.132 (d)-(f)), and hand
protection (Sec. 1910.138). The proposed rule (54 FR 33832, August 16,
1989) was consistent with the corresponding proposed rule for shipyard
PPE. However, based on the rulemaking record, OSHA revised the general
industry proposal to address training and the documentation of
compliance with the hazard assessment and training requirements in more
detail. Given the similarity of the PPE used in general industry and
shipyard employment, OSHA determined that the information generated in
this general industry rulemaking was relevant to the drafting of the
shipyard PPE standards, as well.
Also, proposed part 1910 subpart I, PPE (Fall Protection Systems)
(55 FR 13423, April 10, 1990) set criteria for the proper selection,
use and maintenance of personal fall arrest systems (Secs. 1910.128,
1910.129, and 1910.131) and positioning device systems (Secs. 1910.128
and 1910.130) in general industry. The part 1910 subpart I proposal
relied heavily on the approach taken by the Agency in its final rule on
Powered Platforms for Exterior Building Maintenance, Sec. 1910.66 (54
FR 31456, July 28, 1989, Docket S-700A). In the Preamble to the 1910
subpart I proposal, OSHA determined that the requirements for personal
fall arrest systems used by employees on powered platforms should be
the same as those for personal fall arrest systems used by employees in
other occupations (55 FR at 13430).
Based on the record developed for the general industry fall
protection PPE rulemaking (Docket S-057), OSHA decided that it was
appropriate to consider prohibiting the use of non-locking snaphooks in
personal fall arrest and positioning device systems and to consider
prohibiting the use of body belts in personal fall arrest systems.
Recently, the Agency included such prohibitions in the final rule for
fall protection in construction (59 FR 40672, August 9, 1994). As
stated above, the Agency has determined that OSHA's fall protection PPE
standards should be consistent with each other.
Therefore, based on its policy of promoting consistent regulation
of PPE across industry lines, the Agency concluded that the information
generated on PPE in general industry was relevant to the use of that
PPE in shipyards, as well.
Accordingly, OSHA incorporated Dockets S-057 and S-060 into the
shipyard PPE rulemaking record and reopened the comment period for part
1915 subpart I to provide an opportunity for public comment on the
newly incorporated materials (59 FR 34586, July 6, 1994). The Agency
provided additional opportunity for public input on these materials (59
FR 64173, December 13, 1995) at an informal public meeting on January
25, 1995.
In addition, OSHA has added certain personal fall arrest criteria,
Sec. 1910.159 (a)(4), (a)(5), (a)(7), (c)(2), (c)(3) and (c) (7) to the
final rule, because the need for such requirements has been established
through the corresponding General Industry and Construction rulemaking
proceedings. These requirements are discussed further, below.
OSHA has concluded that the PPE needed in shipyard employment does
not differ markedly from that needed in general industry or in
construction, and that the standards covering PPE should not differ
markedly either. The final rule reflects this determination and
incorporates OSHA's review of the existing rulemaking record, including
the materials incorporated from other PPE-related dockets.
Section 1915.151 Scope, Application, and Definitions Applicable to
This Subpart
Final rule paragraph (a) sets forth the scope and application of
Subpart I. This subpart applies to all work in shipyard employment,
regardless of geographic location. This language is consistent with
that in recently published part 1915 subpart B [Sec. 1915.11(a)][59 FR
37816, July 25, 1994].
Proposed paragraph (a)(1) stated that this subpart would cover PPE
provided for and used by shipyard workplaces and operations (including
shipbuilding, ship repairing, and shipbreaking), but would not apply to
construction operations in shipyards covered by part 1926.
Newport News Shipbuilding (NNS) stated [Ex. 6-2] that the term
``provided'' should be changed to ``made available'' because the
suggested language was consistent with that in existing Sec. 1915.153
and with current industry practice. However, the Agency has deleted the
proposed language, ``personal protective equipment to be provided for
and used by employees'' because it believes that requirements for the
provision and use of PPE are more appropriately addressed in
Sec. 1915.152, General Requirements.
The Shipbuilding Council of America (SCA) (Ex. 6-1) and NNS (Ex. 6-
2) stated that part 1926 (OSHA's construction industry standards)
should not apply to employees of shipyards who perform construction
work since one of the objectives of the rulemaking was to bring
uniformity to the workplace by providing employees and employers with
one set of safety standards to govern their work. SCA suggested that
part 1926 apply only to construction work performed in shipyards by
outside contractors (non-shipyard employees). OSHA believes, however,
that it is inappropriate to distinguish between shipyard employees and
contractor employees when setting requirements for worker protection.
Therefore, OSHA is not making the suggested change.
The Agency has consistently maintained that construction
activities, such as the erection of building structures, are covered by
the construction standards (29 CFR part 1926) and are not subject to
the requirements of the shipyard standards (29 CFR part 1915).
Furthermore, Sec. 1926.30, Shipbuilding and ship repairs, explicitly
provides that shipyard employment is covered exclusively by the
shipyard standards. Accordingly, the proposed paragraph (a)(1) language
regarding the application for part 1926 in unnecessary and has been
deleted.
Proposed paragraph (a)(2) provided that subpart I of part 1910--
except Sec. 1910.134, Respiratory protection--would not apply to
shipyard employment. Since OSHA has chosen to view respirators as a
separate, full rulemaking [59 FR 58884 November 15, 1994] which will
apply to shipyard employment as well as general industry, the final
shipyard PPE standard will continue to reference existing Sec. 1910.134
for respiratory PPE until the shipyard respirator rulemaking is
complete. In all other respects, subpart I of part 1915 will be a self-
contained set of PPE standards for shipyard employment. It will not be
[[Page 26326]]
supplemented through reference to the General Industry standards.
Paragraph (b), Definitions
Paragraph (b) defines the terms used in this standard.
The proposed definitions paragraph did not include a number of
terms and definitions that OSHA has used, or proposed to use, in other
standards that address fall protection PPE [e.g., Powered Platforms for
Building Maintenance 29 CFR 1910.66 (July 28, 1989 54 FR 31408); Fall
Protection in Construction part 1926, subpart M (51 FR 42718, Aug. 9,
1994); and General Industry PPE-Fall Protection, proposed 1910.128(b),
subpart I (55 FR 13423 April 10, 1990)].
The new terms and definitions included in paragraph (b) are:
anchorage, connector, deceleration distance, equivalent, free fall,
free-fall distance, lanyard, lifeline, lower levels, rope grab, and
self-retracting lifeline/lanyard. Newly defined terms, revised terms,
and proposed terms that elicited comments are discussed below. OSHA has
determined that the inclusion of these definitions is appropriate for
the purpose of clarity and to provide guidance consistent with that set
in corresponding standards. In addition, as discussed further below,
OSHA is adding a definition for the term ``qualified person.''
The proposed term ``capable person'' will be replaced by the more
familiar term ``qualified person'' in the final rule. SESAC also
recommended using ``qualified person'' in the regulatory text (Tr. p.
84-85, SESAC meeting, November 20, 1991).
``Deceleration device.'' This term describes equipment such as a
rope grab, ripstitch lanyard, specially woven lanyard, tearing or
deforming lanyard, and automatic self-retracting lifeline/lanyard, that
serves to dissipate a substantial amount of energy during a fall arrest
or otherwise limit the energy imposed on an employee during fall
arrest. The proposed definition simply required that the device
dissipate more energy than does a standard line or strap-webbing
lanyard. After a careful review of the proposed definition, OSHA has
revised the definition to indicate the extent to which a deceleration
device must dissipate the energy imposed on an employee during fall
arrest.
``Personal fall arrest system.'' This term means a system used to
stop an employee's fall. The proposed definition, which was effectively
identical, did not elicit comments.
``Positioning device system.'' This is a body belt or body harness
system rigged so that an employee can work on an elevated, vertical
working surface with both hands free while leaning. The proposed
definition has been rewritten for clarity. OSHA did not receive any
comments on the proposed definition.
The proposed definition of ``strength factor'' has not been carried
forward into the final rule because this term is not used in the final
rule.
Section 1915.152 General Requirements
Paragraph (a) of the final rule, Provision and use of equipment,
requires that employers provide and ensure that employees use personal
protective equipment for eyes, face, head, extremities, torso, and
respiratory system, including such PPE as protective clothing,
protective shields and barriers, personal fall protection equipment,
and life saving equipment, whenever such PPE is necessary for employee
protection. Except for some editorial changes, this provision is
identical to that in the proposed rule.
Paragraph (b) requires that employers assess the work activities in
the shipyard to identify what hazards are present, or are likely to be
present, which necessitate the use of PPE. OSHA is aware that many
shipyard employers assess workplace hazards according to the trade or
occupation of affected employees. The Agency believes that it is
appropriate to allow employers flexibility in organizing their
assessment efforts. Therefore, OSHA has added a note to the final rule
which provides that a hazard assessment conducted according to the
trade or occupation of affected employees will be considered to comply
with paragraph (b), if the assessment addresses any PPE-related hazards
to which employees are exposed in the course of their work activities.
Where any such hazards are identified, the employer shall select
the appropriate PPE for each affected employee (both in terms of type
of PPE and fit), communicate selection decisions to affected employees,
and document that the hazard assessment has been performed. After the
assessment has been done, the standard does not expressly require the
employer to review the hazard assessment on any periodic basis.
However, it is the Agency's intent that hazard assessments be conducted
at the intervals and on a schedule dictated by the risks in the
workplace. For example, when there is a change in technology,
production operations, or an occupation's task that has the potential
to affect PPE-related hazards, the employer must review the
appropriateness of the existing hazard assessment and the PPE being
used and update the hazard assessment as necessary.
In the proposal, this paragraph required that employers select PPE
for their employees based on an assessment of workplace hazards.
Commenters who responded to the July 6, 1994 notice (59 FR 3486) and
participants at the January 25, 1995 public hearing stated that the
term ``workplace'' that appeared in the requirement for hazard
assessment in proposed section Sec. 1915.152(b) was not appropriate.
They suggested that OSHA instead use the term ``trade'' or ``work
activity.''
For example, the South Tidewater Association of Ship Repairers,
Inc. (Ex 9-3) recommended that OSHA change ``workplace to ``work
activity'' or ``trade.'' Tampa Shipyards Incorporated (Ex. 9-8) stated:
We would definitely agree that PPE used in general industry does
not differ markedly from PPE used in the shipyards. We would point
out the fact that work environment in shipyards is substantially and
drastically different from general industry work environment. Most
of the general industry work environment is a fixed work
environment; manufacturing plant with assembly lines, consistent
work processed, etc. The commercial shipyard work environment
changes not only on a daily basis but sometimes on an hourly basis
depending upon the size and configuration of a ship (or workplace)
and the type of work to be accomplished on board that ship.
The Shipbuilders Council of America (Ex. 9-7) stated:
We believe that standards should be based on generic and uniform
nature of the duties performed by specific categories of employees,
rather than solely by the workplace * * * shipyard workplace that is
neither fixed, nor constant, nor readily quantifiable like
workplaces in all other industries.
In addition, the Shipbuilders Council of America (Tr. pp. 8-9)
testified that:
The general industry standard is specifically targeted toward
fixed facilities and processes, unlike commercial ship repair and
ship building. Now the definition of workplace differs greatly from
a manufacturing environment to a commercial ship repair facility.
Workplace is used throughout the general industry PPE standard. By
definition, workplace means, and I quote out of the Webster's
dictionary, ``a place, shop or factory where work is done.''
The commercial shipyard work environment changes not only on a
daily basis * * * And from personal experience I can tell you it
changes on an hourly basis and on a ship-to-shop basis which varies
by size and configuration.
OSHA acknowledges that shipyard employees--unlike general industry
[[Page 26327]]
employees--may work in several worksites during a shift. OSHA agrees
with the commenters that the term ``workplace'' does not identify the
appropriate source of PPE-related hazards in shipyards and believes
that requiring hazard assessments by trade and related work activities
effectively addresses the PPE-related risks in shipyards.
The proposal also required employers to select PPE that would
protect employees from the particular occupational hazards they were
likely to encounter, to communicate their selection decisions to
employees who would be obtaining their own PPE, and to have employees
who obtain their own PPE follow the employers' selection decisions.
The proposed rule assumed that some employees would be providing
some of their own PPE. For that reason, OSHA specified, in the
proposal, that employers would need to provide any such employees with
PPE selection information and to make sure that their affected
employees obtained the right PPE. This was intended to ensure that
employees are properly protected by their PPE, regardless of who
purchased it.
Subsequently, the Agency determined that it was appropriate to
provide additional guidance regarding when employers would be expected
to pay for PPE and when employees would be expected to pay. On October
18, 1994, OSHA issued a memorandum to its field offices which stated as
follows:
OSHA has interpreted its general PPE standard, as well as
specific standards, to require employers to provide and to pay for
personal protective equipment required by the company for the worker
to do his or her job safely and in compliance with OSHA standards.
Where equipment is very personal in nature and is usable by workers
off the job, the matter of payment may be left to labor-management
negotiations. Examples of PPE that would not normally be used away
from the worksite include, but are not limited to: welding glasses,
wire mesh gloves, respirators, hard hats, specialty glasses and
goggles (designed for laser or ultraviolet radiation protection),
specialty foot protection (such as metatarsal shoes and linemen's
shoes with built in gaffs), face shields and rubber gloves, blankets
and cover-ups and hot sticks and other live-line tools used by power
generation workers. Examples of PPE that is personal in nature and
often used away from the worksite include non-specialty safety
glasses, safety shoes, and cold-weather outer wear of the type worn
by construction workers. However, shoes or outer wear subject to
contamination by carcinogens or other toxic or hazardous substances
which cannot be safely worn off-site must be paid for by the
employer. Failure of the employer to pay for PPE that is not
personal and not used away from the job is a violation and shall be
cited.
Although the equipment used in shipyard employment often differs from
that mentioned in the October 18 memorandum, the same policy
considerations apply in the Shipyard PPE context. Therefore, OSHA will
apply the above-stated policy when determining who pays for the PPE
required under Sec. 1915.152(a).
In addition, the Agency has determined, after further
consideration, that all affected employees need to be informed of PPE
selection decisions in order to facilitate compliance with the
standard. The proposed language that distinguishes between employees
who pay for their own PPE and those who do not has been deleted and the
provision has been revised accordingly. Paragraph (b) has also been
editorially revised for clarity.
In the proposal, paragraph (b) did not specifically address
documentation of the hazard assessment. The recently revised PPE
standard for General Industry (Sec. 1910.132(d)(2)), however, requires
employers to verify through a written certification that a required
hazard assessment has been performed. OSHA explained its decision (59
FR 16336) to require such verification as follows:
OSHA believes that some form of record is needed to provide OSHA
compliance officers and affected employees with appropriate
assurance that the required hazard assessment has been performed * *
* It is not ``necessary for employers to prepare and retain a formal
written hazard assessment.'' Given the performance-oriented nature
of this rulemaking, OSHA has determined that the generation and
review of extensive documentation would be unnecessarily burdensome.
The Agency has found that a written certification is a
reasonable means by which to establish accountability for
compliance.
Therefore, the Agency has determined that employers can
adequately verify compliance with Sec. 1910.132(d) of the final rule
through a written certification which identifies the workplace
evaluated; the person certifying that the evaluation has been
performed, the date(s) of the hazard assessment; and which
identifies the document as a certification of hazard assessment.
Taking into account the similarities between PPE used in General
Industry and that used in Shipyard employment, OSHA reopened the
Shipyard PPE rulemaking record (59 FR 34586, July 6, 1994) to provide
public notice that the Agency was considering a requirement for
shipyard employers to verify their compliance with the hazard
assessment provision through a written certification. The notice of
reopening solicited comments on the need for and impact of a
certification requirement.
The Preamble to the final rule for Fall Protection in Construction
(part 1926, subpart M) (59 FR at 40721, August 9, 1994) underscored the
flexibility employers have in complying with certification
requirements, stating that a ``certification record can be prepared in
any format an employer chooses, including reprinted forms, computer
generated lists, or 3 x 5 cards.''
Commenters to the shipyard PPE record (Exs. 9-3 and 9-7) stated
that any requirement for the certification of hazard assessment should
be focused on employee ``work activity'' or ``trade'' rather than on
the ``workplace.'' For example, the South Tidewater Association of Ship
Repairers (STASR)(Ex. 9-3) stated that ``[t]here is a constant
transition of trades moving among various shops and vessels as well as
a rotation of vessels. It is not feasible for designated shipyard
employees to monitor continuously a ``workplace'' in constant change.''
In addition, STASR observed that it would be advantageous to identify
``a universal requirement for trade-specific PPE as opposed to {a}
site-specific requirement, peculiar to one location.'' The SCA (Ex. 9-
7) stated that shipyard work duties, unlike duties undertaken in a
factory, are neither fixed, constant, nor readily quantifiable.
Three other commenters (Exs. 9-6, 9-8 and 9-9) were particularly
concerned that compliance with the certification requirement under
consideration would necessitate continuous or repeated hazard
assessment. These commenters, along with several others (Exs. 9-1, 9-4,
9-5, 9-11 and 9-13), indicated that they have already implemented
written programs to identify PPE needs, so that certifying performance
of the hazard assessment would be redundant.
In addition, commenters (Exs. 9-10 and 9-14) suggested that OSHA
accept any form of documentation which provides the information needed
to verify compliance. In particular, General Dynamics Electric Boat
Division (EBDiv.) (Ex. 9-10) stated ``EBDiv. recommends that OSHA
continue with its performance oriented approach and allow employers the
flexibility in determining the most efficient and effective manner for
documenting hazard assessments.''
Based on the above-discussed comments, the notice of informal
public meeting (59 FR 64173, December 13, 1994) solicited input
regarding the means by which shipyard employers could adequately verify
compliance with the requirement for hazard assessment. In particular,
the notice stated that OSHA was ``considering the
[[Page 26328]]
extent to which current hazard assessments performed by trade or
occupation provide the necessary information for selection of
appropriate PPE'' and provided examples of trade-based formats (for
welder and for yard maintenance worker) that the Agency might consider
to be acceptable.
In response, commenters (Exs. 11-2, 11-3, 11-6 and 11-8) stated
that the shipyard industry already adequately documents its hazard
assessment activities. NNS (Ex. 11-6) also expressed concern that the
use of the term ``certify'' was unnecessary, stating that certification
``does not contribute to improved safety and health. We suggest that
certification should be replaced by a signature.'' In addition, NNS
testified (Tr. 28-29, January 25, 1995), as follows:
We still don't understand why the word ``certify'' can't be left
behind in favor of the word ``document'' or ``signature'' or some
other type of verbiage. We think that the word ``certify'' carries
with it some connotations that will thwart, if you will, the
employee involvement efforts that we're stepping forward trying to
initiate.
The SCA testified (Tr. 11-12) that:
Where hazard assessment is already in place because of existing
OSHA standards * * * we recommend that these assessments be allowed
to meet the requirements of the portion of this standard.
Where hazard assessment does not exist, and it would be hard for
me to say where it doesn't in the shipyard industry, we'd recommend
that an annual assessment be made of the affected craft, possibly of
the machinery or pipefitting departments. Once the hazard assessment
is conducted for these crafts, we recommend that the company safety
representative be allowed to make these assessments and sign the
assessment certifying his or her review and assessment. This
assessment should be no more than listing the personal protective
equipment required for that particular craft in all working
circumstances.
The UBC Health and Safety Fund of North America (Ex. 12-4) stated
as follows: ``OSHA should require written certification of hazard
assessment for employers to select the Personal Protective Equipment
(PPE) that is necessary for work being performed by trades or
occupations. This assessment should take into account the PPE necessary
to protect employees performing specific work tasks.''
OSHA has concluded that the documentation format described by
commenters and meeting participants will provide adequate assurance
that the required hazard assessment has been performed. The Agency
agrees that a hazard assessment record which conveys the required
information does not need to be called a ``certification.''
Accordingly, the Agency will use the term ``document'' rather than the
term ``certification'' to describe these minimal written record
required under final rule Sec. 1915.152(b)(4). Appendix A provides
several acceptable ways of meeting the requirements, including some
examples of the trade-based formats.
Final rule paragraph (c) requires employers to ensure that
defective or damaged PPE is not used. The proposed paragraph was
essentially identical. This provision does not preclude the repair and
reuse of PPE. OSHA recognizes that there are many situations where PPE
can be removed from service, repaired, and then returned to service.
There were no comments on the proposed paragraph, and OSHA therefore
promulgates this provision as proposed, except for minor editorial
changes.
Final rule paragraph (d) requires that PPE that has been worn by
workers and has become unsanitary be cleaned and disinfected before it
is reissued. There were no comments on the proposed provision, and this
paragraph is unchanged except for minor editorial changes.
Final paragraph (e) sets the training requirements for users of
PPE. OSHA has consistently maintained that employees must be properly
trained in order to benefit from the use of PPE. The proposed part 1910
and part 1915 PPE training provisions were identical, requiring simply
that employees ``be trained in the proper use of their personal
protective equipment.'' As discussed in the part 1910 subpart I final
rule preamble (59 FR 16337-40, April 6, 1994), OSHA divided the
training into four training elements: what affected employees must
understand about their PPE; what PPE-related skills those employees
must have; when affected employees would need retraining; and what
documentation of training was needed.
OSHA concluded that these training elements should also be
considered for inclusion in the shipyard standard. Therefore, the July
6, 1994, shipyard PPE notice discussed the general industry training
provisions and solicited comments. In order to clarify the requirements
for the shipyard industry and provide clear guidance for enforcement,
the Agency has revised this provision (paragraph (e)(2)) to read: ``The
employer shall ensure that each affected employee demonstrates the
ability to use PPE properly before being allowed to perform work
requiring the use of PPE.'' The Agency is not prescribing the means by
which employers comply with this provision.
The general industry PPE standard, Sec. 1910.132(f)(4), provides
that: ``[t]he employer shall verify that each affected employee has
received and understood the required training through a written
certification that contains the name of each employee trained, the
date(s) of training and that identifies the subject of the
certification.''
The comments received in response to the July 6 notice opposed a
requirement for a written certification of compliance. For example,
STASR (Ex. 9-3) commented that:
Every shipyard in the Hampton Roads area has a safety program
and a safety office. Every shipyard mandates usage of safety
equipment for all employees. Those who do not comply are often sent
home. STASR shipyards have safety programs with many of the PPE
standards already in place. The PPE training and recordkeeping
requirements are, in some cases, redundant.
When an employee is hired and undergoes initial training, that
employee can be given a list of equipment to wear while performing a
specific task. This is far preferable to sending a monitor to
evaluate a worksite on a continuous basis. The shipyard may then
certify that an individual has been given the necessary training and
the employee will certify understanding of the safety requirements
for his or her trade.
The SCA (Ex. 9-7) commented that:
We support the general requirement for training as it does serve
to enhance a safer working environment * * * we believe that
training should be focused on trade specific duties of employees
with the greatest emphasis being placed on orientation training at
the outset. PPE serves a very useful purpose, and empirical data
often establishes that causes of accident or occupational injuries
are attributable to the fact that employees failed to comply with
company PPE standards * * *. Additionally, documentation of all
training should be in the form of training logs, which should be
considered to be the equivalent of ``written certification'' in
order to avoid the non value added redundance of record keeping.
Tampa Shipyards Incorporated (Ex. 9-8) stated that:
We are already complying with this proposed standard and we
suspect many other shipyards are also complying with this standard.
Verification through written certification should not be
required if an employer can produce training logs with the
employee's name, the date the training took place, type of training
conducted and the name of the instructor. Training logs should be
interpreted under this standard as ``written certification.''
General Dynamics, Electric Boat Division (EBDiv) (Ex. 9-10)
commented that:
EBDiv agrees with OSHA that training is an essential element of
a PPE program but does not agree that ``training'' as specified in
the standard requires certification.
[[Page 26329]]
EBDiv firmly believes training is a key and necessary component
of safety and health programs. EBDiv provides extensive training to
its employees on a variety of disciplines not mandated by OSHA in
addition to training mandated by OSHA.
Based on these comments, OSHA raised the issue of the need for
documentation of training in the December 13, 1994, meeting notice (59
FR 64173). AWH Corporation (Ex. 11-3) commented that training is
provided when the employee is hired and at weekly ``gangbox'' safety
meetings, and that training is periodically reinforced by including PPE
as a topic at safety meetings.
NNS responded (Ex. 11-6) that ``[t]he requirement to certify PPE
training dictates recording specific information which can later be
retrieved so as to prove training was conducted. We will provide
samples of our existing system at the January 25 meeting.'' NNS
provided copies of training documentation at the meeting (Ex. 12-2) and
testified (Tr. 29-30) as follows:
We've provided a recommended definition for the word
``certify''* * *
``Certify'' means to evaluate subjectively, based on appearance
and available information at that time. The certifying individual in
a training session, for example, would verify that the trained
individual was present during the stated training; he would ensure
that required information was delivered to the target audience in
what he believed to be an understandable fashion, and he would watch
individuals perform activities which indicate that they have
understood the training, and then use his judgment at that time to
determine whether further instruction was needed or not.
The SCA testified (Tr. 13-14, January 25, 1995) as follows:
We would request that training certification requirements be met
in the following manner. Number one, documented new hire orientation
* * *. Secondly, we request that training certification requirements
be met as documented annual refresher training.
We'd recommend this documentation be in the form of training
logs which many of us already keep on the computer * * *
Some of our members suggest * * * giving a new employee a list
of all required safety equipment that he or she should wear at the
time they go through new-hire orientation, just as a reminder * * *
this is already being done in many of our yards.
In response to these submissions, OSHA emphasizes that any
documentation of training that provides the specified information will
provide adequate assurance that the training requirements have been
satisfied. Therefore, Sec. 1915.152(e)(4) of the final rule requires
employers to verify that each affected employee has received the
required training with documentation that includes: employee(s) name;
the date(s) of training, and type of training the employee received. In
the case of an employee who has already been trained (either prior to
the effective date of this standard or by another employer), OSHA will
accept documentation dated as of the time the current employer
determines that the employee has the requisite proficiency.
As discussed above, the rulemaking record indicates that most
shipyard employers are already documenting training in the form of a
log, computer database, or some type of written document. Examples of
acceptable documentation would be records of stand-up safety meetings
and tool box meetings, or a tool room log (where an employee has
checked out PPE such as safety glasses, hard hat, gloves, face shield).
OSHA will accept any form of documentation that effectively
communicates the required information.
Section 1915.153 Eye and Face Protection
Final rule paragraph (a) sets out requirements for eye and face
PPE. Paragraph (a)(1) requires employers to ensure that employees use
eye and face PPE when employees are exposed to eye or face hazards from
flying particles, molten metal, liquid chemicals, acid or caustic
chemicals, chemical gases or vapors, or potentially injurious light
radiation. This provision is based on the requirements in existing
Sec. 1915.151 (b)(1) and (c)(1). This provision is essentially
unchanged from that proposed. OSHA did not receive any comments on this
provision.
Final paragraph (a)(2) provides that front and side protection must
be used when there is a hazard from flying objects. Detachable side
protectors (for example clip-on or slide-on side shields) meeting the
pertinent requirements of this section are acceptable.
OSHA has determined that detachable side shields that meet the
pertinent criteria (ANSI Z87.1-1989, as referenced by final rule
Sec. 1915.153 (b)(1) and (b)(2)) will provide adequate protection from
flying objects. Permitting detachable side shields will allow employers
the flexibility to use this kind of protection when necessary, based on
the working conditions at the employee's occupation or trade. The
Agency has concluded that the same considerations that supported the
adoption of such a requirement in other corresponding OSHA standards
are relevant to shipyard employment.
Employers should be aware that some PPE could create new hazards to
employees. For example, allowing employees to wear wire-frame glasses
(plano or prescription safety glasses) around energized electrical
parts would increase the potential for electric shock.
In the proposal, paragraph (a)(2) required that eye and face
protective equipment properly fit employees. In the final rule
Sec. 1915.152(b)(3) already requires that all PPE properly fit
employees, and OSHA has therefore not included proposed paragraph
(a)(2) in the final rule.
Paragraph (a)(3) addresses appropriate eye PPE for employees who
wear prescription lenses. This provision requires that employers
provide each such employee either with eye protection that incorporates
the prescription in its design or with PPE that can be worn over
prescription lenses without disturbing the proper position of the
lenses. The final provision, which is essentially the same as the
proposed paragraph except for minor editorial changes, elicited no
comments.
Proposed paragraph (a)(3) required that protectors with tinted or
variable tinted lenses not be worn when an employee was required in the
course of work to pass from a brightly lit area, such as outdoors, into
a dimly lit area, such as a vessel section. The Agency proposed this
requirement to reduce the potential for extreme changes in lighting to
temporarily impair an employee's vision.
OSHA received four comments on this provision, all addressing the
same point. The commenters (Exs. 6-5, 6-6, 6-9 and 6-10) opposed any
prohibition on the use of tinted or variable tint lenses.
Colonna's Shipyard, for example, stated that:
The use of the terms ``well lighted'' and ``dimly lighted'' are
vague. Tinted lenses, that primarily reduce glare, may not
appreciably reduce the amount of light passing through the lenses.
As technology improves, variable tint lenses have been shown to
reduce the time it takes for the lenses to change from full shading
to minimal shading. In fact, employees coming from an interior
location into brilliant sunlight can be temporarily blinded by the
sun's glare.
In addition, two comments received on proposed subpart B of part
1915 (Doc. S-505) (Ex. 6-15, Bay Shipbuilding Corp. (BSC) and Ex. 6-36,
Peterson Builders, Inc. (PBI)), addressed this proposed provision. BSC
stated that: ``Protectors with tinted or variable tint lenses should
not be worn when an employee passes from a well lighted area into a
dimly lighted area. Tinting over #2 shade is too dark, but #2 shade or
under is felt to be acceptable and safe in most areas.''
[[Page 26330]]
PBI stated that:
We need the use of tinted lenses to protect our employees from
stray ultraviolet rays from weld arc. We presently limit our
employees to a 1.7 tint on safety glasses. We are also in favor of
the use of the variable tint lenses. This standard is in
contradiction to 1915.153A1, which requires us to protect employees
from injurious light radiation. This has not been a problem for us
in causing accidents.
After evaluating the information in the record for this rulemaking
(Doc. S-045), OSHA has concluded that the proposed requirement was too
restrictive. The Agency has determined that the employer (for example,
through the services of the company's safety professional) is in the
best position to determine when tinted or variable tint lenses should
be used, based on an awareness of working conditions. This approach is
consistent with the current ANSI standard (ANSI Z87.1-1989, paragraph
6.5.2), which is (as discussed below) being incorporated by reference
in the final rule. Accordingly, proposed paragraph (a)(3) has not been
retained in the final rule.
Paragraph (a)(4) is essentially unchanged from the proposed
paragraph. It requires employers to ensure that affected employees use
equipment with filter lenses for protection against injurious light
radiation and that the lenses have a shade number that is appropriate
for the work being performed. Table I-1--Filter Lenses for Protection
Against Radiant Energy--lists the necessary shade numbers for various
operations. These provisions are consistent with other OSHA standards
(existing Sec. 1915.151(c)(1) and Table I-1 in Sec. 1915.118).
In addition, a note to this provision states that, when goggle
lenses and a helmet lens are worn together, the shade value of the two
lenses can be summed to satisfy the shade requirements of Table I-1,
Sec. 1915.153. Bath Iron Works Corporation (BIWC) (Ex. 6-7) objected to
this note, stating that the validity of the additive approach to filter
lens selection has not been adequately demonstrated and violates
accepted industry practice. OSHA disagrees with this view, because the
technical experts responsible for the applicable consensus standard,
ANSI Z87.1-1989, have indicated that the additive use of lenses is
protective, provided that the combined values sum to the necessary
value. Therefore, the note to Table I-1 has been retained.
Paragraph (b) sets performance criteria for eye and face PPE.
Paragraph (b)(1) provides that protective eye and face devices
purchased after August 22, 1996 shall comply with ANSI Z87.1-1989,
``American National Standard Practice for Occupational and Educational
Eye and Face Protection,'' which is incorporated by reference, or shall
be demonstrated by the employer to be equally effective. PPE which
satisfies the criteria set by subsequent editions of the pertinent ANSI
standard will be considered to comply with paragraph (b)(1) if the
updated ANSI criteria are substantively unchanged or provide equivalent
protection.
In the proposal, this paragraph, which was designated paragraph
(b)(1), required that the design of eye and face protection, in
general, comply with the provisions of ANSI Z87.1-1979, while
providing, in the alternative, that plano (non-prescription) spectacles
comply with the performance-oriented criteria set out in proposed
paragraph (b)(2). Shortly after the NPRM was issued, the 1979 edition
of Z87.1 was superseded by the current 1989 edition. ANSI Z87.1-1989 is
effectively identical to ANSI Z87.1-1979, except that the 1989 revision
deleted design restrictive language that had limited the use of new
technology in eye and face PPE. OSHA believes that performance-oriented
regulatory language, such as that referenced from ANSI Z87.1-1989, will
provide employers with appropriate flexibility to protect their
employees while taking the particular circumstances of their workplaces
into account. The Agency further believes that allowing employees to
rely on the 1989 edition will facilitate compliance with the final
rule, but will not prevent employers from using PPE that would have
been allowed under proposed paragraph (b)(1).
Final rule paragraph (b)(2) requires that eye and face PPE
purchased before August 22, 1996 comply with ANSI Z87.1-1979 or be
demonstrated by the employer to be equally effective. OSHA has
determined that it is appropriate to allow the continued use of such
PPE in order to avoid imposing unreasonable burdens on employers. As
noted above, the substantive provisions of the 1979 and 1989 editions
are effectively identical, so employee safety would not be furthered by
requiring that employers remove PPE tested under ANSI Z87.1-1979 from
service. In this way existing stocks of PPE can be depleted, and any
replacement PPE must satisfy the criteria referenced in ANSI Z87.1-
1989.
Proposed paragraph (b)(2) would have set performance-oriented
criteria for plano spectacles, addressing impact protection, optical
requirements, flammability resistance and radiant energy protection.
This paragraph was included in the proposal because OSHA had determined
that the design provisions (such as for minimum lens thickness or frame
design) of the consensus standard referenced by existing
Sec. 1915.151(a)(1) (ANSI Z2.1-1959) were outdated. The removal of the
design restrictive language from ANSI Z87.1 when it was revised in 1989
eliminated the need to address this problem in the final rule.
Accordingly, no such provision appears in the final rule.
Section 1915.154 Respiratory Protection
Final rule Sec. 1915.154 incorporates existing Sec. 1910.134,
Respiratory protection, by reference, as was proposed. The shipyard
industry has been complying for years with Sec. 1910.134 with regard to
its respiratory protection programs. The two comments received on
proposed Sec. 1915.154 (Exs. 6-1 and 6-2) agreed with OSHA's proposal
to replace Sec. 1915.152, the existing shipyard respirator standard,
with Sec. 1910.134. Both comments expressed the belief that
Sec. 1910.134 is more protective and certainly more current than
Sec. 1915.152.
OSHA has published a proposed revision of Sec. 1910.134,
Respiratory Protection, which covers general industry, construction and
shipyard employment (59 FR 58884, Nov. 15, 1994). When the revised
respiratory protection standard becomes a final rule, OSHA will apply
that rule to shipyard employment.
Section 1915.155 Head Protection
Final rule paragraph (a) addresses the use of protective helmets.
Paragraph (a)(1) requires employers to ensure that affected employees
wear protective helmets when they are working in areas where there is a
potential for head injury from falling objects. This requirement is
essentially the same as current Sec. 1915.153(a). The national
consensus standard for protective headgear, ANSI Z89.1, referenced in
final rule Sec. 1915.155(b), deals only with the head injury hazards
posed by falling objects and high-voltage electric shock and burn.
Therefore, this section of the final rule addresses PPE that is used to
protect the head from these hazards.
The proposed rule addressed the use of protective helmets where
there was potential for injury to the head from falling or moving
objects. The duty to protect employees from other hazards to the head,
such as moving objects, may be invoked through the general requirements
of final rule Sec. 1915.152(a) when such hazards are identified by the
hazard assessment.
[[Page 26331]]
Commenting on proposed subpart B of part 1915 (Doc. S-050, Ex. 6-15
of Docket #S-050), BSC stated: ``The standard should reflect what is
stated in the ANSI standard for head protection.'' As noted above, the
ANSI standard addresses falling object, not moving object, hazards and
proposed paragraph (a)(1) has been revised accordingly.
Paragraph (a)(2) requires that affected employees wear protective
helmets designed to reduce electric shock hazards when working in areas
containing potential electrical hazards or energized conductors. This
provision is essentially identical to the proposed provision and to
other corresponding OSHA standards.
Final rule paragraph (b) sets the performance criteria for
protective helmets. This paragraph provides that protective helmets
purchased after August 22, 1996 shall comply with ANSI Z89.1-1986,
``Personnel Protection--Protective Headwear for Industrial Workers--
Requirements,'' which has been incorporated by reference, or shall be
demonstrated by the employer to be equally protective. PPE which
satisfies the criteria set by subsequent editions of the pertinent ANSI
standard will be considered to comply with paragraph (b) if the updated
ANSI criteria are substantively unchanged or provide equivalent
protection. The Agency believes that this performance-oriented approach
will encourage innovation and the use of improved equipment. The
proposed rule also referenced the 1986 edition of ANSI Z89.1.
The consensus standard (ANSI Z.2-1959) referenced by the existing
rule (Sec. 1915.153(a)) has been superseded several times since the
existing standards were adopted. OSHA does not expect that much, if
any, head PPE which was produced to meet the 1959 requirements is still
in use. Furthermore, the Agency has concluded that ANSI Z.2-1959 does
not provide adequate guidance regarding the selection of appropriate
head protection. Therefore, unlike final rule Sec. 1915.153, this
section does not explicitly ``grandfather'' PPE which complies with the
existing rule. Employers can continue to have their employees use head
PPE which was produced to comply with a pre-1986 edition of ANSI Z89.1
if the employer establishes that the equipment either satisfies the
performance criteria of ANSI Z89.1-1986 or provides equivalent
protection.
The 1969 and 1986 editions of ANSI Z89.1 set essentially the same
requirements, except with regard to electric insulation for Class B
helmets. The Agency has concluded that Class B helmets already in use
which satisfied the criteria set by the 1969 edition would also satisfy
the 1986 criteria. Accordingly, final rule paragraph (b)(2) allows
employers to continue to use protective helmets purchased before the
effective date of the standard being published today provided that such
helmets meet the criteria of ANSI Z.89.1-1969. This means that
employers will not be required to replace protective helmets currently
in use if they meet these criteria.
Section 1915.156 Foot Protection
Final paragraph (a) requires that affected employees wear
protective footwear when they are exposed to hazards from falling and
rolling objects, electrical hazards, and objects that may pierce a shoe
sole. This is consistent with requirements in other corresponding OSHA
standards. This language, which is effectively identical to that in the
proposal, differs from existing Sec. 1915.153(d), which requires
employers only to make safety shoes available and ``encourage'' their
use. OSHA believes that requiring employers to have affected employees
wear protective footwear is necessary to protect their feet from the
risk of serious injury. The AWSC (Ex. 6-4) commented that it would
impose a cost burden on employers if they were required to purchase
safety shoes for their employees. Therefore, they recommended that OSHA
not require the employer to pay for foot protection, stating as
follows:
The current regulatory language concerning foot protection of
employees requires the employer to encourage the use of and make
available appropriate foot protection. The new language states that
the employer ``shall ensure that employees wear protective
footwear.'' AWSC does not object to the practice of wearing the
correct protective footwear, and supports the use of this type of
personal protective equipment. However, the new language indicates a
dramatic shift from current shipyard operations.
Shipyard facilities have instituted many different policies to
provide protective footwear to the employee, including disallowing
employees to work at the facility unless they are wearing the
appropriate footwear and providing an allowance to purchase the
footwear. Lists of available and appropriate suppliers are
circulated to the employees as a guide.
OSHA also received a comment on this subject from PBI (Docket S-
050, Ex. 6-36) that stated: ``This requirement is going to be cost
prohibitive. We presently recommend safety shoes and contribute to
their purchase. However, this standard would practically make them
mandatory throughout the shipyard. Our injury experience does not
indicate a need for mandatory safety shoes.''
As discussed above in reference to the provision for hazard
assessment, subpart I requires employers to identify the hazards to
which their employees may be exposed and have those employees equipped
accordingly
FR Doc. 96-12573 Personal Protective Equipment for Shipyard Employment (PPE)
. Therefore, employees would be required to wear protective
footwear only when such protection was appropriate. In addition, as
discussed above in reference to OSHA's 1994 Memorandum on PPE, OSHA
interprets the part 1915 subpart I requirements for employers to
provide PPE to mean that employers pay for PPE required by the company
for the worker to do his or her job safely and in compliance with OSHA
standards. The above discussed policy memorandum specifically indicates
that employers should expect to pay for specialty foot protection. On
the other hand, OSHA policy also provides that payment for PPE which is
personal in nature and useable away from the workplace (such as safety
shoes) is left to labor-management negotiations.
Final rule paragraph (b) sets the performance criteria for
protective footwear. Paragraph (b)(1) provides that protective footwear
purchased after August 22, 1996 shall comply with ANSI Z41-1991,
``American National Standard for Personal Protection-Protective
Footwear,'' or shall be demonstrated by the employer to be equally
protective.
In addition, paragraph (b)(2) allows protective footwear purchased
before August 22, 1996 to continue to comply with ANSI Z41-1983,
Personal Protection-Protective Footwear, or footwear that the employer
can demonstrate to be equally protective. PPE which satisfies the
criteria set by subsequent editions of the pertinent ANSI standard will
be considered to comply with paragraph (b) if the updated ANSI criteria
are substantively unchanged or provide equivalent protection. The
Agency believes that this performance-oriented approach will encourage
innovation and the use of improved equipment. Proposed paragraph (b)
referenced the 1983 edition of ANSI Z41 for all protective footwear.
The 1991 edition of ANSI Z41, which has superseded the 1983
edition, imposes essentially the same requirements as the 1983 edition,
except that the 1991 edition provides more specific performance
requirements for resistance to compressive forces and standardizes the
puncture resistance testing methods. OSHA believes that referencing
ANSI Z41-1991 for shoes
[[Page 26332]]
purchased after August 22, 1996 provides appropriate and up-to-date
criteria for employers and employees seeking to buy protective
footwear.
OSHA has determined that it is appropriate to provide explicitly
for the continued use of foot PPE purchased prior to the effective date
of the final rule, as long as it complies with the pertinent provisions
of the ANSI standard (ANSI Z41-1983) referenced by the proposed rule.
In this way, the Agency avoids imposing unreasonable burdens on
employers.
Section 1915.157 Hand and Body Protection
Final rule Sec. 1915.157 addresses hand and body PPE. Paragraph (a)
requires employers to ensure that affected employees use appropriate
PPE when their hands or other parts of their bodies are exposed to
hazards that could lead to injuries. The final rule identifies skin
absorption of harmful substances, severe cuts or lacerations, severe
abrasions, punctures, chemical burns, thermal burns, harmful
temperature extremes, and sharp objects as examples of hazards that
would require the use of PPE. The proposed provision was essentially
identical to that in the final rule, except that it identified the
hazards requiring protection in more general terms.
Final rule paragraph (b) requires employers to ensure that no
employee wears clothing impregnated or covered in part with flammable
or combustible materials (such as grease or oil) while engaged in hot
work operations or working near an ignition source. This requirement is
necessary to protect workers in hot work operations from fire hazards.
The proposed rule stated that employees shall not wear greasy
clothing when performing hot work operations. Existing Sec. 1915.153(e)
provides that employees shall not be permitted to wear ``excessively
greasy'' clothing while performing hot work operations.
The AWSC recommended (Ex. 6-4) that the word ``excessively'' be
retained in the regulatory text of the final rule.
Shipyard work by definition is not a clean activity. Employees'
clothing will be dirty. However, the clothing may not be ``greasy''
or even excessively greasy. Deletion of the descriptive term
``excessively'' will create rather than diminish compliance
problems. We do not advocate that employees wear excessively greasy
clothes when performing hot work operations, but without a proper
explanation by OSHA as to the rationale for deleting the term, we
advocate retention of the word ``excessively'' in the proposed
language.
In addition, BSC commented (Ex. 6-15 in Docket S-050) that the
language of the proposed paragraph was unclear. BSC suggested that OSHA
revise the proposed language to require that employees ``not wear
clothing impregnated with flammable or combustible materials when
performing hot work operations.''
OSHA believes that retention of the term ``excessively,'' as
suggested by the AWSC, could potentially complicate compliance because
the Agency has not established a measurable, objective standard for
determining what is excessive. Moreover, the risk of flammability
exists when clothing is impregnated, or covered, even impart, with a
flammable or combustible substance. Therefore, the Agency has concluded
that it is appropriate to prohibit employees from wearing clothing
impregnated or covered with a flammable or combustible substance during
hot work operations. The Agency agrees with the BSC that the standard
needs to address all flammable and combustible materials, not just
grease, and that adding the term ``impregnated'' (in the sense of
permeated, imbued, or saturated) will more clearly express OSHA's
intent. The provision has been revised accordingly.
Final rule paragraph (c) requires that the employer have employees
wear protective electrical insulating gloves and sleeves, or other
rubber protective equipment that provides equivalent protection when
the employees are exposed to electrical shock hazards while working on
electrical equipment. The proposed rule was effectively identical,
except that it did not provide for the use of ``other electrical
protective equipment.'' The Agency has determined that the addition of
this performance-oriented revision will encourage innovation and
facilitate compliance.
Section 1915.158 Lifesaving Equipment
This section sets requirements for lifesaving equipment used in
shipyard employment. Some of the language in the final rule has been
editorially revised to reflect the language used in the U.S. Coast
Guard's standard for approved lifesaving equipment (46 CFR part 160).
OSHA's existing Sec. 1915.154(a) specifies that the above-cited U.S.
Coast Guard requirements for this equipment shall be followed. The OSHA
final rule provides clarification of acceptable personal flotation
devices and uses terminology that is consistent with current Coast
Guard requirements. Also, for Type IV PFDs, the U.S. Coast Guard
regulations use the term ``ring life buoys'' rather than the term
``life rings'' as proposed by OSHA. Therefore, OSHA has replaced ``life
rings'' with ``ring life buoy'' wherever the term appeared in the
proposal. The proposed language did not elicit any comments.
Final rule paragraph (a)(1) requires that personal flotation
devices (PFDs) worn by employees be approved by the U.S. Coast Guard as
a Type I PFD, Type II PFD, Type III PFD, or Type V PFD, unless the
employer provides employee worn equipment that is as effective as the
types listed (e.g., a Coast Guard approved immersion suit). Any PFD
which is U.S. Coast Guard approved and marked as a Type I PFD, Type II
PFD or Type III PFD is acceptable to OSHA for use by employees. A Type
V PFD, including Type V Hybrid PFDs, is acceptable to OSHA for use by
employees if it is U.S. Coast Guard approved and marked for use as a
work vest, for commercial use, or for use on vessels. The language of
the proposed paragraph, which was based on existing Sec. 1915.154(a),
has been editorially revised and clarified in the final rule.
Final rule paragraph (a)(2), addressing the inspection of PFD's,
was proposed by the Agency for deletion with the intent of covering
defective PFD equipment under revised general requirements
Sec. 1915.152(c), ``Defective and damaged equipment.'' After further
consideration the Agency has concluded that a PFD is critical
lifesaving equipment which requires specific inspection prior to each
use for dry rot, chemical damage, or other defects (such as tears,
punctures, missing or non- functioning components) which affect their
strength and buoyancy. Therefore, the language of existing
Sec. 1915.154(b) is being retained in the final rule.
Paragraph (b) establishes requirements for ring life buoys and
ladders. Paragraph (b)(1) requires that at least three 30-inch (0.78 m)
U.S. Coast Guard approved ring life buoys with lines attached be kept
in readily visible and accessible places when working on a floating
vessel of 200 or more feet (61 meters). Ring life buoys must be located
one forward, one aft, and one at the access to the gangway. Locating
ring life buoys at these positions ensures that one will be readily
available if a worker falls overboard at any point along the ship's
length. This paragraph, which is based on existing Sec. 1915.154(c)(1),
is essentially identical to the proposed paragraph.
Paragraph (b)(2) requires floating vessels under 200 feet (61 m) in
length to have at least one 30-inch (0.78 m) U.S. Coast Guard approved
ring life buoy with line attached located at the gangway. The proposed
paragraph,
[[Page 26333]]
based on existing Sec. 1915.154(c)(1), was essentially the same.
Paragraph (b)(3) requires that at least one 30-inch (0.78 m) U. S.
Coast Guard approved ring life buoy with a line attached be located on
each staging float alongside the floating vessels from which work is
being performed. The proposed paragraph, which was based on existing
Sec. 1915.154(c)(2), is effectively identical to the final rule's
provision.
Paragraph (b)(4) requires at least 90 feet (27 m) of line to be
attached to each ring life buoy. The proposed requirement, which was
based on existing Sec. 1915.154(c)(3), was effectively identical to the
final rule.
Paragraph (b)(5) requires that at least one portable or permanently
installed ladder be in the vicinity of each floating vessel on which
work is being performed. The provision further requires that the
ladder(s) be of sufficient length to assist employees to reach safety
in the event that they fall into the water. The proposed paragraph,
which was based on existing Sec. 1915.154(c)(4), was effectively
identical to the final rule.
Section 1915.159 Personal Fall Arrest Systems
This section sets performance criteria and other requirements for
the use of personal fall arrest systems.
The Agency has determined that the fall hazards encountered by
shipyard employees correspond to those faced by employees in other
industries, and that it is therefore appropriate for OSHA to consider
the information generated in general industry fall protection PPE
rulemakings when drafting the final rule for shipyard PPE. The fall
protection PPE criteria in proposed Sec. 1915.159 were very similar to
those in the corresponding proposed general industry standard (proposed
Secs. 1910.128 and 1910.129).
The record for the general industry fall protection PPE rulemaking
(Docket S-057) indicated that the Agency should consider revising the
proposed rule to prohibit the use of non-locking snaphooks and to
disallow the use of body belts in personal fall arrest systems. This
record, in turn, is directly relevant as the Agency considers
corresponding changes in proposed Sec. 1915.159.
To provide the public with notice and an opportunity to comment on
the need for such revisions to the shipyard PPE proposed rule, the
Agency solicited input through the July 6, 1994 notice of reopening (59
FR 34586) and the December 13, 1994 meeting notice (59 FR 64173). The
response to those notices is discussed below.
OSHA obtained evidence (Docket S-057) in the General Industry
rulemaking that employees who fall while wearing body belts are not
protected as well as they would be if the fall occurred while the
employee was wearing a body harness, and that the use of body belts has
resulted in injuries to falling employees. A large number of rulemaking
participants (Exs. 9-9, 9-10, 11-7, Tr. p. 23, Tr. pp. 59-61) supported
prohibiting the use of body belts in fall protection systems. For
example, Atlantic Marine (Ex. 9-9) endorsed the use of body harnesses
as a safer method for employees, stating: ``While the cost of body
harnesses is usually twice the amount of the body belts, the added
safety factor to the employee is well worth the money, and in the long
run, will save the company money in case of an accident.''
General Dynamics, Electric Boat Division, (Ex. 9-10) stated that it
utilizes body harnesses for all of its fall protection needs.
Bath Iron Works Corporation/Local S6 (BIWC/Local S6) (Ex. 11-7)
commented that they use only body harnesses in fall arrest systems and
use either body harnesses or body belts in positioning device systems.
BIW/Local S6 stated that it ``fully supports the implementation of the
proposed changes to [part 1915] subpart I.''
The SCA testified (Tr. 23) that its members support the use of body
harnesses in personal fall arrest systems, stating ``many of our yards
already use them. We find them to be very effective, and everybody
seems to certainly feel a lot safer with them.''
In addition, the Engineering and Safety Service (E&S) testified
(Tr. 59-61) that ``body belts have no useful purpose in a personal fall
arrest system. E&S believes that an effective personal fall arrest
system must incorporate a full body harness to protect the worker from
injury and to provide an opportunity for rescue.''
However, NNS (Ex. 9-11) responded as follows:
We reviewed all falls occurring at NNS since January 1, 1991.
None of those occurring involved an injury which could have been
prevented or mitigated by using a harness over a belt. NNS mostly
uses belts with double acting clips. To replace all of our body
belts with harnesses would cost in excess of $570,000. Clearly, this
is another unwarranted cost adversely affecting our global
competitiveness without enhancing the safety of our employees.
The December 13, 1994 notice (59 FR 64173) solicited input
regarding the extent to which a phased in ban on the use of body belts
in personal fall arrest systems would be appropriate for shipyard
employment.
In their comments to this notice, NNS stated as follows:
We now understand that OSHA will agree to a phased replacement
of body belts to offset the initial cost of purchasing large
quantities of body harnesses. We will provide life cycle and
replacement information at the January 25 meeting which should help
OSHA to determine what the phased replacement period should be.
NNS subsequently testified (Tr. 34-35):
We see body harnesses coming, and we need a significant period
of phase-in time for this to have a minimal financial impact on our
operations. We've got 4,000 some-odd body belts either on issue or
available for issue. Replacing all of those at once would cost use
some $570,000 * * * [W]e'd like a reasonable period of time to phase
the harnesses in, and that reasonable period of time, based on our
inventory and our estimated useful life of a body belt, is seven
years.
Based on the information in Docket S-057 and the shipyard industry
input discussed above, OSHA has decided to bar the use of body belts in
personal fall arrest systems. OSHA believes, however, that it is
appropriate to allow a phase-out period, ending December 31, 1997,
rather than to establish an immediate prohibition, so that shipyard
employers can continue to use their body belts while they switch over
to body harnesses. OSHA urges employers to phase out the use of body
belts in personal fall arrest systems as soon as possible so that
employees may be spared exposure to the increased risk of injuries from
body belt use. It is important to note that body belts may continue to
be used in positioning device systems even after they have been banned
in fall arrest systems. OSHA has included paragraphs (b)(6)(i),
(c)(1)(i), (c)(2), (c)(3), and (c)(8) in the final rule to provide
criteria for any body belts that are used in personal fall arrest
systems during the phase-out period.
In addition, OSHA has determined that it is appropriate, given the
dangers related to ``roll-out,'' to phase-out the use of non-locking
connectors. The phase-out period will avoid imposing undue hardship on
employers who currently use non-locking snaphooks. As discussed in the
July 6, 1994 notice of reopening, the Agency has concluded that the
same considerations which supported the adoption of such a requirement
in other corresponding OSHA PPE standards apply to personal fall arrest
system components used in shipyard employment. OSHA has
[[Page 26334]]
concluded that compliance with final rule paragraphs (a)(5) and (a)(6)
will effectively minimize any problems related to the use of non-
locking snaphooks during the phase-out period.
The input received in response to the July 6, 1994 reopening notice
(59 FR 345860) and the December 13, 1994 meeting notice (59 FR 64173)
indicated shipyard industry support for a ban on the use of non-locking
snaphooks. For example, General Dynamics, Electric Boat Division (Ex.
9-10) stated that it ``utilizes locking snaphooks and therefore takes
no issue with the proposed * * * language.''
NNS (Tr. 52) and the UBC Health and Safety Fund of North America
(UBC) (Tr. 86) testified that OSHA should require the use of locking
snaphooks. In particular, the UBC stated that ``OSHA should prohibit
the use of non-locking snap hooks because of the recognized danger of
roll-out and the resulting possibility of employee falls.''
Accordingly, Sec. 1915.159 of the final rule bans the use of non-
locking snaphooks in fall arrest systems, effective January 1, 1998.
Final rule paragraph (a) sets criteria for connectors and
anchorages used in personal fall arrest systems. Except where otherwise
indicated, any final rule provisions which were not proposed have been
added to the standard because the Agency has concluded that the same
considerations which supported the adoption of such requirements in
other corresponding PPE standards apply to personal fall arrest systems
and components used in shipyard employment.
Paragraph (a)(1), proposed as paragraph (a)(7), requires that
connectors be made of drop forged, pressed, or formed steel or
materials equivalent in strength. The connectors used in personal fall
arrest systems must be made of steel or equivalent materials to
withstand failure under fall conditions. As discussed above in relation
to the definitions (Sec. 1915.151(b)), OSHA has replaced the proposed
term ``hardware'' with the term ``connector.'' Otherwise, the proposed
and final rule language are identical.
Final rule paragraph (a)(2), proposed as paragraph (a)(8), requires
that connectors have a corrosion-resistant finish and that all surfaces
and edges be smooth to prevent damage to the interfacing parts of the
system. The only difference between the final rule's provision and the
proposed provision is the use of the term ``connector'' instead of
``hardware.''
Final rule paragraph (a)(3), proposed as paragraph (a)(14),
requires that D-rings and snaphooks used in these systems be capable of
sustaining a minimum tensile load of 5,000 pounds (22.2 kN). No
comments were received on this paragraph.
Final rule paragraph (a)(4), which is also a new provision,
requires that D-rings and snaphooks be 100 percent proof tested to a
minimum tensile load of 3,600 pounds (16 Kn) without cracking,
breaking, or being permanently deformed. The provision is included to
ensure the strength of all D-rings and snaphooks.
Paragraph (a)(5), which was not proposed, provides that snaphooks
shall either be sized so as to prevent unintentional disengagement of
the snaphook or shall be of a locking type which is designed and used
to prevent disengagement of the snaphook. This provision has been added
to prevent ``rollout'' conditions in a personal fall arrest system
during the phase-out period for non-locking snaphooks.
Final rule paragraph (a)(6) requires that snaphooks, unless of a
locking type designed and used to prevent disengagement from the
following connections, must not be attached:
(i) Directly to webbing, rope, or wire rope;
(ii) To each other;
(iii) To a D-ring to which another snaphook or other connector is
attached;
(iv) To a horizontal lifeline, or
(v) To any other object that is shaped incompatibly or dimensioned
in relation to the snaphook such that the connected object could
depress the snaphook keeper a sufficient amount for release.
Proposed paragraphs (a)(15), (a)(16), and (a)(17), which set similar
requirements, have been clarified and consolidated in final rule
paragraph (a)(6).
Final rule paragraph (a)(7), which is a new provision, requires
that devices used for connection to the horizontal lifeline on
suspended scaffolds, or to similar work platforms with horizontal
lifelines that may become vertical lifelines, be capable of locking in
any direction on the lifeline. Because a suspended scaffold or platform
could lose its support at either end, the connection device must be
able to lock on the lifeline regardless of which end goes down.
Final rule paragraph (a)(8), requires that anchorages used for the
attachment of personal fall arrest equipment be independent of any
anchorage being used to support or suspend platforms. Final rule
paragraph (a)(9) requires that anchorages either be capable of
supporting at least 5,000 pounds (22.2 Kn) per employee attached or be
designed, installed, and used as part of a complete personal fall
arrest system that maintains a safety factor of at least two, and is
used under the direction and supervision of a qualified person. Both
provisions are based on proposed paragraph (a)(10).
Proposed paragraph (a)(10) required that personal fall arrest
systems be secured to an anchorage capable of supporting at least twice
the potential impact load of an employee's fall. E&S testified (Tr. 63-
64) that it was ``concerned about the safety factor requirements for an
anchorage in the proposed standard * * * [E&S] does not believe the
average worker is capable of determining the safe limits of an
anchorage.'' In the course of subsequent questioning (Tr. 70-71), E&S
agreed that anchorages installed as part of a completely designed
personal fall arrest system, and used under the supervision of a
qualified person, would provide adequate support for employees. This
approach, taken in the corresponding construction and general industry
rulemakings, has been adopted in the shipyard PPE final rule. The final
rule provisions, while reformatted for the sake of clarity, are
essentially the same as the proposed provision.
Final rule paragraph (b) sets criteria for lifelines, lanyards, and
personal fall arrest systems. Paragraph (b)(1) requires that each
employee be provided with a separate lifeline when vertical lifelines
are used. Proposed paragraph (a)(9), which elicited no comments, was
essentially identical to this provision of the final rule.
Final rule paragraph (b)(2) requires vertical lifelines (droplines)
and lanyards to have a minimum breaking strength of 5,000 pounds (22.2
Kn). This provision of the final rule consolidates the strength
requirements contained in proposed paragraphs (a)(11) and (a)(13). The
elements of proposed paragraph (a)(11), which addressed self-retracting
lifelines, have been redesignated final rule paragraphs (b)(3) and
(b)(4), as discussed below. The ``exception'' to the 5000-pound
strength requirements contained in proposed paragraph (a)(13) appears
in the final rule as a separate provision, paragraph (b)(3), to more
clearly express the Agency's intent. OSHA received no comments on the
proposed paragraphs relating to lifelines, lanyards, and personal fall
arrest systems. The Agency has determined that reformatting the
proposed requirements will facilitate compliance efforts for employers
whose employees use vertical lifelines or lanyards.
Final rule paragraph (b)(3) requires that self-retracting lifelines
and lanyards which automatically limit free fall to 2
[[Page 26335]]
feet (0.61 m) or less be capable of sustaining a minimum static tensile
load of 3,000 pounds (13.3 Kn) applied to the device with the lifeline
or lanyard in the fully extended position. Final rule paragraph (b)(4)
requires that self-retracting lifelines and lanyards which do not limit
free fall distances to 2 feet (0.61 m) or less (for example: ripstitch
lanyards, tearing, and deforming lanyards) be capable of sustaining a
minimum tensile load of 5,000 pounds (22.2 Kn) applied to the device
(with the lifeline or lanyard in the fully extended position if such a
condition can occur in use). As discussed above, final rule paragraphs
(b)(3) and (b)(4), which are based on proposed paragraph (a)(11), have
been included in the final rule as separate paragraphs for clarity.
Final rule paragraph (b)(5) (revised from proposed paragraph
(a)(12)) requires that horizontal lifelines to be used as part of a
complete personal fall arrest system be designed and installed under
the supervision of a qualified person and have a safety factor of at
least two. The proposed provision required that horizontal lifelines
have sufficient strength to support a fall impact force of at least
5,000 pounds (22.2 Kn). As discussed above, the Agency has concluded
that the same considerations which supported the adoption of such a
requirement in the other corresponding OSHA standards apply to personal
fall arrest system components used in shipyard employment. OSHA has
revised the final rule accordingly.
Final rule paragraph (b)(6) sets the systems performance criteria
for personal fall arrest systems. These are new requirements, so OSHA
is making this provision effective November 20, 1996 in order to allow
employers a reasonable amount of time to attain compliance. The note to
final rule paragraph (b)(6) indicates that Non-mandatory Appendix B
provides examples of criteria and protocols for designing and testing
personal fall arrest systems that OSHA would consider to comply with
the standard.
Proposed paragraph (a)(4) was similar to final rule paragraph
(b)(6), except that the proposed rule set 1,800 pounds (rather than 900
pounds) as the maximum arresting force limit for systems that used body
belts and required that a system have a strength factor of two (based
on a design weight of 250 pounds per employee). Also, as discussed
below, the proposed requirement that free fall be limited to six feet
has been redesignated as a separate provision, final rule paragraph
(b)(7), for the sake of clarity. The note to proposed paragraph
(a)(4)(iv) is essentially identical to that which appears in the final
rule, except for editorial revisions. As discussed above, in reference
to the July 6, 1994 notice (59 FR 34586), the Agency has concluded that
the same considerations which supported the adoption of such
requirements in the other corresponding OSHA standards apply to
personal fall arrest system components used in shipyard employment.
OSHA has revised the proposed rule accordingly.
Final rule paragraph (b)(7), based on proposed paragraph (a)(4)(i),
requires that personal fall arrest systems be rigged to prevent an
employee from free falling more than 6 feet (1.8 m) or contacting any
lower level.
Final rule paragraph (c) sets criteria for the selection, use and
care of personal fall arrest systems and system components. Paragraph
(c)(1) (proposed as paragraph (a)(5)) of the final rule requires that
the attachment point of a body belt be located in the center of the
wearer's back. The attachment point of a body harness must be in the
center of the wearer's back near shoulder level or above the wearer's
head. The proposed rule provided that the connection point must be
either above the wearer's head or above the waist in the back. Comments
in the other rulemaking records supported allowing an attachment point
at the chest position for limited free fall distances. The final rule,
as regards body harnesses, has been revised accordingly.
Paragraph (c)(2) of the final rule, which is a new provision,
requires that ropes and straps (webbing) used in lanyards, lifelines,
and strength components of body belts and body harnesses be made from
synthetic fibers or wire rope. OSHA has determined, given the
difficulty of evaluating the deterioration of natural fiber rope, that
natural fiber rope is not reliable for use in a personal safety system.
Final rule paragraph (c)(3), also a new provision, requires ropes,
belts, harnesses and lanyards to be compatible with all hardware used.
The use of incompatible equipment may cause a fall, or, during arrest
of a fall, allow arresting forces which cause injury.
Paragraph (c)(4), proposed as paragraph (a)(3), requires that
lifelines and lanyards be protected against cuts, abrasions, burns from
hot work operations, and deterioration by acids, solvents, and other
chemicals. The proposed provision, which did not elicit comments, was
identical.
Final rule paragraph (c)(5), proposed as paragraph (a)(18),
requires that personal fall arrest systems be visually inspected prior
to each use for mildew, wear, damage, and any other deterioration. This
inspection need not involve testing or impact loading of the system. If
there is a reasonable basis to believe that the strength or integrity
of the fall arrest system has been weakened, the employer shall remove
defective or damaged equipment from service. No comments were received
on the proposed provision, which was identical to the provision in the
final rule except for minor editorial changes.
Paragraph (c)(6), which was proposed as paragraph (a)(2), requires
that personal fall arrest systems and components that have been
subjected to impact loading be removed immediately from service and not
be used again for employee protection until inspected and judged
suitable for use by a qualified person. The proposed provision, which
was effectively identical, elicited no comments and has been
promulgated in the final rule with minor editorial changes.
Paragraph (c)(7) of the final rule, a new provision, requires that
the employer provide for prompt rescue of employees in the event of a
fall or ensure that employees who have fallen can rescue themselves.
This provision also appears in the proposed general industry rule and
in the final rule for construction. OSHA anticipates that employers
will evaluate the potential consequences of falls in personal fall
arrest systems in their work environments and choose an appropriate
means of rescue. OSHA recognizes that the rescue requirements for
employees wearing body harnesses and body belts will differ. For
example, the Agency anticipates that self-rescue will be more difficult
for employees using body belts and that the acceptable rescue time for
such employees will be shorter, because falls in body belts typically
result in the employee hanging in a jack-knifed position. When it is
not possible to evaluate the self-rescue capacity of employees in
advance, prudent employers should assume that employees will need
rescue assistance and, accordingly, be prepared to offer it. Paragraph
(c)(8), proposed as paragraph (a)(6), requires that body belts be at
least 1.625 inches (4.1-cm) wide. OSHA has determined that this minimum
width will be acceptable for any body belts that are used in personal
fall arrest systems during the phase-out period. No comments were
received on this provision.
Paragraph (c)(9), proposed as paragraph (a)(1), requires that
personal fall arrest equipment be used exclusively for employee
protection. For example, this equipment may not be used to hoist
materials. This revision is intended to prevent the deterioration
[[Page 26336]]
potentially caused by improper uses and types of loads. The proposed
provision, which was identical, elicited no comments.
Final rule paragraph (d), Training, proposed as paragraph (a)(19),
requires that employees be trained to understand the application limits
of the equipment and the proper hook-up, anchoring, and tie-off
techniques, before using any personal fall arrest equipment. Affected
employees must also be trained so that they can demonstrate the proper
methods of use, inspection, and storage of the equipment. OSHA believes
that employees must know how their fall arrest equipment works in order
to get the appropriate protection from it. No comments were received on
the proposed provision, which was effectively identical to the final
rule.
Section 1915.160 Positioning Device Systems
Positioning device systems prevent falls by holding affected
employees in place while they perform work on vertical surfaces at
elevations. The provisions of proposed Sec. 1915.159(b) have been moved
to final rule Sec. 1915.160, so there is a clear distinction between
the requirements for personal fall arrest systems and those for
positioning device systems.
Final rule paragraph (a) sets criteria for connectors and
anchorages used in positioning device systems. For the same reasons as
provided in the introductory discussion of final rule Sec. 1915.159,
the introductory text of final rule Sec. 1915.160 provides that the use
of non-locking snaphooks will not be acceptable in positioning device
systems after December 31, 1997. OSHA has included paragraph (a)(4) in
the final rule to address any non-locking snaphooks that may remain in
use during the phase-out period.
Paragraph (a)(1), proposed as Sec. 1915.159(b)1), requires that all
hardware have a corrosion-resistant finish and that all surfaces and
edges be smooth to prevent damage to the attached belt or connecting
assembly. Corrosion resistance is essential to retain the integrity of
the hardware, while smooth edges and surfaces prevent cuts, tears, or
other damage to system components. The proposed provision was
identical, except that the proposed term ``hardware'' has been replaced
by the term ``connector.'' As discussed above, OSHA has determined that
it is appropriate to focus attention on the critical load-bearing
hardware by adopting the term ``connector.''
Final rule paragraph (a)(2), proposed as Sec. 1915.159(b)(2),
provides that connecting assemblies, such as snaphooks or D-rings, have
a minimum tensile strength of 5,000 pounds (22.2 Kn). The proposed
provision, which did not elicit comments, was identical.
Final rule paragraph (a)(3), proposed as Sec. 1915.159(b)(3),
requires that anchorages for positioning device systems be capable of
supporting twice the potential impact load of an employee's fall. The
proposed provision, which did not elicit comments, was identical.
Final rule paragraph (a)(4), proposed as Sec. 1915.159(b)(6)(i),
provides that snaphooks, unless of a locking type designed and used to
prevent disengagement, shall not be connected to each other. The
proposed rule simply prohibited the connecting of snaphooks to each
other. As discussed above, in reference to the introductory text of
final rule Sec. 1915.160, the use of non-locking snaphooks is
prohibited after December 31, 1997.
Final rule paragraph (b) sets performance criteria for positioning
device systems. Paragraph (b)(1), proposed as Sec. 1915.159(b)(4),
requires that restraint (tether) lines have a minimum breaking strength
of 3,000 pounds (13.3-Kn). This breaking strength is necessary to
ensure that the line will hold under fall arrest conditions. The
proposed provision, which did not elicit comments, was identical.
Paragraph (b)(2), proposed as Sec. 1915.159(b)(5), provides the
system performance criteria for the different types of positioning
device systems. These are new performance requirements that are not in
OSHA's current shipyard standards. In order to allow employers a
reasonable amount of time to ensure that their equipment meets these
requirements, OSHA is making this provision effective November 20,
1996.
Final rule paragraph (b)(2)(i) provides that window cleaner's
positioning systems must be capable of withstanding a drop test
involving a 6 foot (1.83 m) drop of a 250 pound (113 kg) weight. These
systems must withstand a more rigorous drop test than other positioning
device systems because of their potential for greater free fall
distances.
Final rule paragraph (b)(2)(ii) requires that all positioning
device systems, other than window cleaners' positioning systems, be
capable of withstanding a drop test of 4 feet (1.2 m) with a 250 pound
(113 kg) weight. Positioning device systems which comply with the
provisions of Section 2 of Appendix B will be deemed by OSHA to meet
the requirements of this paragraph. The proposed provision, which
elicited no comments, was identical.
Final rule paragraph (c) sets criteria for the use and care of
positioning device systems. Final rule paragraph (c)(1), proposed as
Sec. 1915.159(b)(7), requires the inspection of positioning device
systems before each workshift for mildew, wear, damage, and other
deterioration. This provision further requires that defective
components identified in such inspections be removed from service. The
proposed language was nearly identical, except that it provided for
removal of defective equipment ``if their functions or strength may
have been adversely affected.'' OSHA has determined that the deletion
of that language will make the rule easier to understand, because
employers will simply remove components from service that are
identified as defective without having to make a specific determination
about strength or function.
Final rule paragraph (c)(2), proposed as Sec. 1915.159(b)(6)(ii),
requires that positioning device systems or components subjected to
impact loading be removed immediately from service and not be used
again for employee protection, unless inspected and determined by a
qualified person to be undamaged and suitable for reuse. This
requirement is necessary to ensure that systems used for employee
protection still meet the performance criteria for such systems before
they are reused for this purpose. The proposed provision, which did not
elicit comments, was identical.
Final rule paragraph (d), Training, proposed as
Sec. 1915.159(b)(6)(iii), provides that employees must be trained in
the application limits, proper hook-up, anchoring, and tie-off
techniques, methods of use, inspection, and storage of positioning
device systems before they may use those systems. This provision
emphasizes the importance of employee training in the safe use of
positioning device systems; for these systems to provide employee
protection, two elements are essential. The systems must be designed
and used in accordance with stated performance criteria, and the
employee(s) using the system must be adequately trained in the safe use
of the system. The proposed provision, which did not elicit comments,
was identical.
Incorporation by Reference
Another action in this document is the consolidation, within part
1915, of OSHA's Incorporation by Reference (IBR) statements of
approval, which indicate clearance by the Office of the Federal
Register, into a single section,
[[Page 26337]]
Sec. 1915.5. Existing section 1915.5 is being updated and revised to
accomplish this consolidation. This approach is consistent with that
taken by other Federal agencies. As amended, Sec. 1915.5 contains the
national consensus standard organizations' addresses and the IBR
approval language. This approach saves text by cross-referencing from
the regulatory text where an IBR is set out to the IBR section. Without
such a section, the addresses of the standards organizations, the OSHA
Docket Office address, and the IBR approval statement would need to be
repeated with each incorporation by reference throughout the shipyard
standards. A consolidated IBR Section will also be easier to update.
Appendices
OSHA is including two non-mandatory appendices to final part 1915
subpart I.
Appendix A
Appendix A provides suggested guidelines for complying with the
requirements for hazard assessment for the selection of personal
protection equipment.
In developing the final rule for this rulemaking, OSHA has
determined that Appendix B of the corresponding General Industry
standard (part 1910, subpart I) contains some useful information that
would be helpful to shipyard employers. Therefore, OSHA has decided to
add a detailed Appendix A to the shipyard PPE standard to provide some
examples of guidelines which an employer may follow in complying with
OSHA's performance-oriented final rule. Those guidelines include
examples of hazard assessments performed by work activity.
Appendix B
Appendix B contains testing methods and other information to assist
employers in complying with the performance-oriented criteria for
personal fall arrest systems and positioning device systems contained
in this standard. Many revisions have been made to this appendix based
on the comments received during the powered platform rulemaking (Docket
No. S-700A). These changes are intended to clarify and simplify the
information presented. A complete discussion of the comments and
reasons for the changes are included in the Powered Platforms for
Building Maintenance final rule (54 FR 31452).
Amendments to Other Subparts of the Shipyard Standards
This final rule also revises cross references in subparts C and H
of the shipyard standards, so that those provisions reference subpart
I. The existing references would no longer identify the correct
paragraphs in subpart I because of the reformatting of Subpart I. These
revisions are editorial in nature and do not substantively change the
current requirements in other subparts.
IV. Summary of Final Economic Analysis, Regulatory Flexibility
Analysis, and Environmental Impact Assessment Summary
In accordance with Executive Order 12866, OSHA has developed a
final economic analysis to support the final standard for personal
protective equipment (PPE) in the shipyard industry. The Agency has
also analyzed the standard's impact on small entities, as required by
the Regulatory Flexibility Act, and its potential to cause adverse
environmental impacts, as required by the National Environmental Policy
Act. The final rule, which will be codified as subpart I of the
shipyard employment standards (29 CFR 1915), covers the use of personal
protective equipment for the head (e.g., hard hats), eyes (e.g.,
goggles), feet and hands (e.g., shoes and gloves), and body (e.g.,
chemical protective clothing), contains the respirator requirements
that have been part of OSHA's shipyard standards since 1971, and adds
requirements for personal fall protection systems and positioning
device systems.
Injuries in the shipyard industry are frequent and severe. The
shipyard industry (SIC 3731) has the second highest rate of lost
workday injuries and illnesses (37.8 per 100 full-time workers),
according to the BLS publication ``Occupational Injuries and Illnesses:
Counts, Rates, and Characteristics, 1992'' (published in April 1995).
The industry also has one of the highest average number of lost
workdays per injury (more than 40 percent of lost workday injuries
involve more than 10 days away from work, according to the same BLS
publication).
To address those shipyard injuries that result from the failure to
use PPE or from the use of inadequate PPE, and to raise the minimum
standard of PPE use in the industry to the level of technology
currently available, OSHA has developed this final rule. The rule
requires employers to meet minimum specifications for PPE employed to
protect the eyes and face, hands and body, and feet, as well as those
for respiratory protection, lifesaving, and personal fall protection
equipment. In addition, the final rule requires employers to conduct
hazard assessments, include specific elements related to PPE in the
training they provide to their workers, document training and hazard
assessments, require the use of body harnesses in place of body belts
after a phase-in period, and ensure the use of locking snaphooks on
personal fall protection equipment. Rulemaking participants from the
shipyard industry report that most employers in the industry are
already in compliance with the requirements of the final standard. For
example, one industry representative stated ``* * * most shipyards
require employees to wear personal protective equipment in all areas
beyond the office doors. * * * We've already identified and protected
our employees and our visitors because of the hazardous work
environment'' [January 25, 1995 public meeting, Transcript page 9].
The economic analysis identifies a number of benefits that
employers and employees will experience as a result of compliance with
the standard. For example, the Agency has concluded that the rule's
requirements for body harnesses and locking snaphooks will reduce the
risk of fatal falls, and these requirements will also reduce the
severity of the injuries resulting from non-fatal falls. In addition,
the final rule is estimated to prevent about 1,550 lost workday
injuries annually and 12,650 non-lost workday injuries caused by the
failure to use PPE or the use of inadequate PPE.
The Agency estimates that employers in the affected industry will
incur estimated annual costs of compliance of $163,000. These costs,
which average about $2 per covered employee, will not impose
substantial economic impacts on affected firms in any size-class. OSHA
has also evaluated the impacts of compliance costs on the average small
shipyard and has determined that, even under a no cost pass through
assumption, worst case impacts on such establishments will average no
more than $100 annually. OSHA has therefore concluded that this
standard will not impose an undue burden on small firms; in addition,
the standard will not have an adverse effect on the environment.
Introduction
Executive Order 12866 requires the Agency to perform an analysis of
the costs, benefits, and regulatory alternatives of its regulatory
actions. If a regulation is deemed ``significant'' by the Administrator
of OMB's Office of Information and Regulatory Affairs
[[Page 26338]]
(OIRA), OIRA reviews the regulation and OSHA's economic analysis. A
regulatory action is considered significant if it imposes annual costs
on the economy of $100 million or more or has an adverse effect on the
economy, a sector of the economy, productivity, competition, jobs, the
environment, public health or safety, or State, local, or tribal
governments or communities. This final rule directly affects only one
well-defined industry, the shipbuilding and ship repair industry, and
the estimated costs of compliance are far below the $100 million
threshold. OSHA has therefore concluded that the promulgation of this
final standard for personal protective equipment in shipyard employment
is not a significant action under the guidelines of E.O. 12866.
As required by the OSH Act and its judicial interpretations, the
Agency must demonstrate that all of its regulations are both
technologically and economically feasible, and specifically that this
is the case for this rule. The Agency has concluded that this standard
meets both tests of feasibility. A summary of the Agency's feasibility
assessment of the final rule is presented in the following section of
the Economic Analysis.
In addition, the Regulatory Flexibility Act of 1980 (5 U.S.C. 601
et seq.) requires federal agencies to determine whether a regulation
will have a significant economic impact on a substantial number of
small entities. The Agency must also review this standard in accordance
with the requirements of the National Environmental Policy Act (NEPA)
of 1969 (42 U.S.C. 4321 et seq.), the Guidelines of the Council on
Environmental Quality (CEQ) (40 CFR Part 1500), and OSHA's DOL NEPA
Procedures (29 CFR Part 11).
This summary of the economic analysis includes an overview of the
affected industry and employees at risk, the estimated benefits of the
rule, the technological feasibility of the standard, the estimated
compliance costs shipyard employers will incur, the impact of those
costs on firms in the shipyard industry, the results of the regulatory
flexibility and economic analysis, and a discussion of regulatory and
non-regulatory alternatives. The full text of the economic analysis is
in the shipyard PPE docket (Docket S-045).
Industry Profile
The American shipyard industry has been in a long-term decline
since 1981 when the federal government ended subsidies for commercial
ship construction. In the period 1976-1980 the industry built an
average of 64 merchant vessels per year. Only five commercial ships
have been built since 1988. The decline in merchant vessel construction
in the 1980's was partially offset by a large increase in military ship
construction. However, the end of the military competition with the
former U.S.S.R. has resulted in a sharp drop in military ships on
order. The ``bottom-up'' review of the armed forces called for a major
reduction in the number of active combat ships, and consequently has
caused a drop in the number of future orders. U.S. Navy orders, which
averaged 19 per year in the 1980's, are projected to fall to 8 per year
during the period 1994-1999. Ship repair and construction of inland
vessels and barges has remained constant during the past five years.
Recently American shipyards have received new orders for
construction of commercial ships (Wall Street Journal Nov. 15, 1995).
These orders result mainly from a new Federal loan guarantee program
approved by Congress but also are due to exchange rates that have made
American-made products cheaper relative to foreign-produced goods. Wage
rates in American shipyards were already well below those of some
important foreign competitors, such as Germany and Japan, whose
governments heavily subsidize their shipbuilding industries. A new
global trade accord that would end shipbuilding subsidies may be signed
in the near future. This would allow American shipyards to compete
internationally, increase commercial ship construction, and increase
employment levels in the industry. The Agency estimates that employment
in American shipyards will end its decline and level off or increase
slightly for the next two to three years. Future employment levels
depend on funding for the guaranteed loan program, exchange rates and
the relative price of American versus foreign-built ships, foreign
governments' level of subsidy to their shipyards, and the status and
terms of a global accord to end subsidy programs.
Employment in the shipbuilding industry declined from 177,000 in
1984 to about 125,000 by 1987 and remained near that level until 1992.
The Bureau of Labor Statistics estimates that employment in the
industry was 106,000 by late 1993. The most recent BLS ``Employment and
Earnings'' (May 1995) estimates the same level of employment and
reports that about 79,000 of these employees are production workers. In
1994, the value of output from American shipyards was approximately
$9.5 billion (1994 Industrial Outlook estimate). Based on Dun &
Bradstreet's estimated mean return for the shipyard industry of 2.9
percent, the industry earned approximately $275 million in 1994.
The Agency estimates that there are approximately 500 firms in SIC
3731, and a majority of these have fewer than 50 employees. Employment
in the shipyard industry is highly concentrated. The ten largest
shipyards employ approximately 70 percent of all shipyard workers, and
only the 100 largest firms have as many as 100 employees each. The
Agency estimates that approximately 300 firms engaged in ship repair
employ fewer than 20 employees. Many of these small firms perform
contracting for larger firms; those that do so already follow the PPE
guidelines of the employing shipyards.
Employees at Risk
Numerous sources confirm that about 75 percent of shipyard
employees are production workers, including the 1987 Census of
Manufactures (Bureau of the Census 1990) and CONSAD Research
Corporation (1986). The Agency thus concludes that an estimated 79,000
production workers in this industry are now exposed to workplace
hazards that may require the use of PPE of the types covered by the
final rule.
Technological Feasibility
Equipment to meet the final PPE standard, such as hard hats,
gloves, and safety shoes, is readily available and widely used
throughout the industry. Off-the-shelf safety programs that include
guidance on the conduct of hazard assessments, as well as training
program materials, are readily available, and these programs are also
well established throughout the industry. ``Hazard assessments are a
standard practice at EBDiv. [Electric Boat Division]'' [Ex. 9-10].
``Shipyards are safety conscious. Every shipyard in the Hampton Roads
area has a safety program and a safety officer * * * STASR shipyards
have safety programs with many of the PPE standards already in place.
The [proposed standard's] PPE training and recordkeeping requirements
are, in some cases, redundant'' [South Tidewater Association of Ship
Repairers, Ex. 9-3].
Training documentation is usually maintained by shipyard employers
in a computer database. The Agency therefore concludes that the final
PPE standard is technologically feasible. The performance-oriented
criteria of the standard should also allow technological innovation to
improve PPE protection in the future.
[[Page 26339]]
Costs
The preliminary cost estimates prepared by OSHA to support the
proposed shipyard PPE standard published in 1988 included compliance
costs that shipyard employers would incur to comply with a number of
proposed requirements for respirator use. However, the final standard
does not include any new respirator requirements, because the Agency
expects to publish a final rule addressing respirator use in all
industries in the near future. Thus, this final rule includes only
those respirator provisions that have been included in OSHA's shipyard
rules since 1971.
In response to the preliminary Regulatory Impact Analysis (1988),
OSHA received only one comment on the costs of the proposed standard.
Peterson Builders [Ex. 6-14], referring to the proposed requirement for
foot protection in Section 1915.156, stated that buying protective
footwear for all employees--which the commenter interpreted as being
required by the proposed standard--would be costly and unnecessary. The
Agency has recently clarified its policy on the purchase of PPE to make
clear that employers do not have to purchase equipment that may also
have personal use; OSHA believes that the costs of PPE will therefore
be substantially less than this commenter expected. In addition, as
noted above, OSHA's 1988 Preliminary Regulatory Impact Analysis (see
Docket S-045) noted that the use of PPE in shipyards is already
widespread.
On April 6, 1994 OSHA published a final standard for PPE in general
industry (59 Federal Register No. 66). On July 6, 1994, the Agency
reopened the record for the shipyard PPE standard to incorporate the
general industry PPE docket into the shipyard PPE docket and to propose
the addition of several elements from the general industry standard to
the shipyard standard. These elements included requirements for:
certification of workplace hazard assessments; certification of
training; specification of training elements; the phasing out of body
belts in favor of body harnesses; and the replacement of non-locking
snaphooks with locking snaphooks. The Agency's intent in taking this
action was to make the PPE standard consistent where possible in both
shipyards and the general industries. Following the comment period, a
Federal Register notice announcing a public meeting and containing
additional discussion of some of the issues raised by the reopening was
published on December 13, 1994. A public meeting was held on January
25, 1995 to hear testimony about the proposed changes to the shipyard
standard introduced during the reopening of the record.
Representatives of the shipyard industry and industry associations
opposed the new requirements for work place hazard assessments and the
certification of such assessments. First, the industry asserted that
job-related activities in shipyards are unique because a shipyard is
not a fixed ``workplace.'' Instead there is a constant shifting of
trades between work locations as employees move among various shops and
vessels; in addition, in ship repair and overhauling, the vessels being
worked on constantly change. According to these commenters, it is not
possible for designated shipyard employees to continuously assess the
hazards of a ``workplace'' that is constantly changing. According to
one participant, a better approach would be to perform hazard
assessments by trade to determine the level of PPE required [South
Tidewater Association of Ship Repairers, Ex. 9-3]. Numerous commenters
agreed with this view [Exs. 9-1, 9-7 through 9-12].
As discussed above in relation to final rule Sec. 1915.152(b), OSHA
agrees that it is appropriate to allow employers flexibility in
organizing their hazard assessment efforts. The Agency has underscored
the performance-oriented nature of that provision by adding a note to
the final rule which states that hazard assessments conducted according
to the trade or occupation of affected employees are acceptable so long
as they address any PPE-related hazards to which employees are exposed
in the course of their work activities.
The shipyard industry also opposed the requirement for
certification of hazard assessments because, in the opinion of
commenters, certification would require employers to expend resources
for new paperwork activities ``for the convenience of the Agency'' that
would not result in additional safety for production workers [Ex. 9-
11]. Industry commenters also were concerned that certification might
increase their liability when injuries occur. Other shipyards that
currently rely on worker involvement to analyze risks feared that
certification would disrupt that process [January 25, 1995 public
meeting transcript pages 28 and 41-47]. The shipyard industry also
opposed the certification of hazard assessments on the grounds that
these assessments would be redundant, since the industry already
performs many PPE-related hazard assessments for individual health and
safety standards such as hearing conservation, lead, confined spaces,
respirator use, and other OSHA standards.
In its Federal Register notice on December 13, 1994 announcing a
public meeting on shipyard PPE issues, the Agency asked for information
on whether simple documentation would suffice in place of
certification. In testimony at the public meeting and in comments
submitted following the meeting, industry representatives stated that
they did not oppose documentation of hazard assessments. In fact, they
reported that it is routine in the industry to conduct such assessments
and to document them:
* * * hearing conservation, respiratory protection, hazard
communication, lockout/tagout, lead abatement, blood-borne
pathogens, medical surveillance programs * * * [are] programs that
are already in place that [require] us to do hazard assessments of
the workplace in order that we provide PPE * * * Where hazard
assessment does not exist, and it would be hard for me to say where
it doesn't in the shipyard industry, we'd recommend that an annual
assessment be made. [Shipbuilders Council, January 25, 1995 public
meeting transcript page 11].
Commenters within the shipyard industry also opposed the general
industry PPE requirement to certify training, largely for the same
reasons as those noted above for the certification of hazard
assessments--the creation of potential new legal liability and
unnecessary paperwork. In its December 13, 1994 announcement, the
Agency suggested that simple documentation could be used in lieu of
certification, and the final rule requires documentation rather than
certification.
Commenters were generally supportive of the standard's training
requirements and the specific elements of training mandated by the
rule. Commenters stated that the PPE training elements proposed by the
Agency were practiced throughout the shipyard industry, as was the
maintenance of training logs--usually in the form of a computer
database:
We support the general requirement for training as it does serve
to enhance a safer working environment [Shipbuilders' Council [Ex.
9-9]].
We are already complying with this proposed standard [for
training] and we suspect many other shipyards are also complying. *
* * Our new hire orientation programs covers all areas of PPE and
would meet the new requirements proposed in the standard [Tampa
Shipyards, Ex. 9-8].
We'd recommend this documentation [for training] be in the form
of training logs, which most of us already keep on the computer
[Shipbuilders' Council January 25, 1995 public meeting, Transcript
page 13].
[[Page 26340]]
There was widespread support among industry commenters for the use
of body harnesses in place of body belts:
Electric Boat Division utilizes body harnesses for all of its
fall protection needs. * * * [Ex. 9-10].
BIW/Local S6 has implemented a policy which is consistent with
the construction industry standard in that only body harnesses may
be used in fall arrest systems and body belts may be used in
positioning device systems [Bath Iron Works Ex. 11-7].
Without a doubt, the majority of our membership endorses the use
of harnesses. Most of us already have those in place [Shipbuilders'
Council January 25, 1995 public meeting, Transcript page 14].
However, Newport News Shipbuilding (NNS), which employs about 20
percent of all shipyard employees, opposed the phase-out of body belts
in favor of harnesses. NNS relies almost completely on body belts for
fall protection, although the shipyard did report using a small number
of harnesses. Several small yards also still rely on body belts for
fall protection and questioned the utility of changing to body
harnesses since they had experienced no injuries due to the use of body
belts [Exs. 9-1, 9-3 and 9-11]. At the public meeting, NNS stated that
replacing over 4,700 body belts would be a burden and therefore that a
seven-year phase-in period would be needed to reduce the economic
impact. The company reported that a review of several years' accident
records failed to show that falls of employees using body belts
resulted in any severe injuries. NNS did not introduce its data on
falls into the record, however. A cost analysis presented by NNS at the
hearing showed that body belts cost NNS $43 each and, on average,
lasted 7 years; harnesses cost $140 and have a working lifetime of 3
years.
Most other shipyards and industry associations reported that they
had switched to harnesses from belts. These commenters reported that,
although harnesses cost more than belts, they provide greater
protection and are cost effective.
We * * * endorse the use of body harnesses as a safety method
for employees. While the cost of a body harness is usually twice the
amount of body belts, the added safety factor to the employee is
well worth the money, and in the long run will save the company
money is case of an accident [Atlantic Marine Ex. 9-9].
In fact many of our yards already use them [harnesses]. We find
them to be very effective, and everybody seems to certainly feel a
lot safer with them [Shipbuilders' Council January 25, 1995 public
meeting, Transcript page 23].
At the public meeting on January 25, 1995, representatives of the
American Insurance Service [Tr. 59] stated that body harnesses would
prevent injuries that could occur in falls involving employees wearing
body belts. In addition, they said that it is difficult to rescue a
worker in a body belt after a fall since he or she typically is hanging
``nose to toes,'' or upside down. Several falls involving employees (in
other industries) wearing body belts had resulted in fatalities when
the fallen worker had slipped out of his/her body belt. The insurance
representatives also asserted that the cost of harnesses should not
preclude the inclusion of a harness requirement in the rule because
industry has known that the change to harnesses was going to occur,
body belts are usually ``expense'' items, and, if treated as a capital
expense, will have been fully depreciated by the effective date of the
regulation. The association did not provide any data demonstrating that
the injuries associated with falls in body harnesses was less severe
than those in belts. Belts were estimated to cost $35 each and
harnesses $75 each. Harnesses were estimated to last an average of 2 to
4 years.
OSHA agrees with the assessment of most of the commenters from the
shipyard industry and the insurance industry who supported the
requirement for harnesses in lieu of belts, and the final rule thus
contains such a requirement.
Many commenters endorsed the adoption of locking snaphooks over
non-locking snaphooks on lifelines [Ex. 9-10 and January 25, 1995
public meeting, Transcript page 52]. Locking snaphooks are already in
widespread use in shipyards. At the January 25, 1995 public meeting,
representatives from the American Insurance Service demonstrated how,
in a ``roll-out'' situation, lifelines can detach from non-locking
snaphooks. Most industry commenters reported that snaphooks were used
in their shipyard, and none opposed this change to the standard or
raised it as a cost issue.
Based on the record for this rulemaking, the Agency has concluded
that the only provisions of the final PPE standard that will impose
other than negligible costs on shipyard employers are: the replacement
of body belts with body harnesses; the documentation of hazard
assessments; the development of training for body harnesses in
shipyards not already employing harnesses; and employee training for
body harnesses. Only Newport News Shipbuilding (NNS) and a number of
small shipyards reported that they still rely on body belts. (Very
small shipyards specialize in trades and may not use body harnesses or
body belts at all). OSHA has taken the concerns of these commenters
into account in the final rule. NNS stated that it currently uses about
4,700 body belts, although no information was available on the
breakdown between belts used as positioning devices (this would not be
affected by the final rule) and those used for fall protection. To the
extent that some of these belts continue to be used for positioning
devices, the 4700 figure overstates the number of harnesses to acquire.
The Agency estimates that NNS will need to purchase no more than 3,000
harnesses (about 1 for every 5 production workers). The Agency
estimates that, in addition to NNS, some smaller employers in the
industry may need to buy harnesses to replace body belts, and the
Agency estimates that 1,000 harnesses would be purchased by these
employers. Based on evidence in the record and information from
suppliers, the Agency estimates that body belts cost about $50 and
harnesses $100. Body belts are estimated to last an average of 7 years
and harnesses 3 years. Thus, body belts supply fall protection at a
cost of roughly $7 per year ($50/7 years), while harnesses do so at $33
per year ($100/3 years). Harnesses therefore cost roughly $27 more per
year than belts for each affected employee. Since body belts can still
be used as positioning devices, the requirement that harnesses be used
for fall protection will not end the useful life of these belts. Based
on these estimates, OSHA concludes that replacing body belts with
harnesses will result in a new annual cost to the industry of
approximately $128,000 [(3,000 new harnesses for NNS+1,000 new
harnesses for small shipyards) x $27]. Nevertheless, to allow
additional time and reduce any potential impacts, the final rule
permits shipyards to phase-in compliance with the body harness
requirement over two years, which is consistent with the phase-out date
in other OSHA standards.
The hazard assessment documentation required by the standard
consists of a record, either paper or on a computer or other storage
medium, with the date of the hazard assessment, name of person
performing the assessment, occupation or operations covered, and a list
of the PPE required. Shipyards report that they already incorporate
some of this information in their current training materials. The
Agency has estimated that it would take each shipyard about an hour to
develop a computer-based record format for this documentation and
approximately five minutes to record the hazard assessment
[[Page 26341]]
for each occupation covered. Table 3 summarizes this information for
the PPE standard. The total time expended by managers to document
hazard assessments is estimated to be 781 hours, a one-time commitment
of management resources.
Table 3.--Estimate of Amount of Time To Document Hazard Assessments, Develop Training Programs for Body Harnesses, and Train in Use of Body Harnesses
for OSHA's Standard on PPE in Shipyards
--------------------------------------------------------------------------------------------------------------------------------------------------------
Hazard assessment Develop training for hamesses Training
--------------------------------------------------------------------------------------------
Number of Time to Time to Total
Firm Size (number of employees) firms in Number of document develop Number of time to Training Management Number of
size hazard hazard training firms who develop sessions time employees
category assessments assessments per firm must do program per firm (hours) trained
(trades) (hours) (hours) so (hours) (hours)
--------------------------------------------------------------------------------------------------------------------------------------------------------
1000+........................................... 12 40 36 ......... none 0 150 150 3000
500-999......................................... 12 30 30 8 6 48 4 24 200
100-499......................................... 76 30 190 4 76 304 2 152 400
21-99........................................... 100 10 150 4 100 400 1 100 200
11-20........................................... 100 5 125 2 50 100 1 50 200
1-10............................................ 200 5 250 2 100 200 1 100 150
-------------------------------------------------------------------------------------------------------
Subtotals (hours)......................... ......... ........... \1\ 781 ......... ......... \1\ 1052 ......... 576 4150
=======================================================================================================
Total one-time, or first year, management
resources for hazard assessments and
development of training........................ ......... ........... ........... ......... ......... ......... ......... .......... \2\ 1,833
First year management resources to conduct
training....................................... ......... ........... ........... ......... ......... ......... ......... .......... \2\ 576
Total management time........................... ......... ........... ........... ......... ......... ......... ......... .......... \2\ 2,409
Total employee time............................. ......... ........... ........... ......... ......... ......... ......... .......... \2\ 4,150
--------------------------------------------------------------------------------------------------------------------------------------------------------
Source: Office of Regulatory Analysis.
FR Doc. 96-12573 Personal Protective Equipment for Shipyard Employment (PPE)
\1\ One-time.
\2\ Hours.
The development of training materials for the use of personal fall
arrest systems (body harnesses) imposes a one-time cost for shipyards
that are not already using harnesses. Some of the very smallest
shipyards who provide specialty trade work will not have or use any
harnesses. All large shipyards already use harnesses to some extent,
and the Agency has concluded that these shipyards also have developed
training materials. Because training videos and written materials on
the use of body harnesses are widely available, the Agency has
concluded that the time required for establishing such a training
program will be small. Table 3 presents the Agency's estimate of the
time that firms will expend to develop training for the use of body
harnesses; the estimate ranges from 8 hours for firms with more than
500 employees to 2 hours for the smallest employers. The total time
required to develop training for body harnesses is estimated to be
1,052 hours of management time.
Firms that do not currently use body harnesses must also train
their employees as harnesses are substituted over time for body belts.
The cost of this training consists of management or trainers' time to
provide training to employees as well as the value of employee wages
foregone while training. The Agency estimates a training session will
take approximately one hour and that as many as 10 to 20 employees can
receive training in a single session. Table 3 presents the Agency's
estimate of the number of sessions by firm size that will be necessary
for training in body harnesses and the number of employees trained. The
Agency estimates that a higher fraction (10 percent or more) of smaller
firms' employees will have to be trained due to the nature of their
business--cleaning tanks, repairs over the ship's side, painting and
maintenance--which require the use of harnesses. Among large firms only
NNS relies primarily on body belts and uses only a few body harnesses.
The Agency estimates that all of NNS's body belts (4,700) will not have
to be replaced with harnesses, since compared with smaller yards less
work conducted at large shipyards or in new ship construction requires
a body harness (rather than a body belt). The Agency has estimated that
NNS will replace 3,000 body belts with harnesses. Data for the cost of
body harness training is included in Table 6. The Agency estimates that
576 hours of management time and 4,150 hours of employee time will be
required for training.
The total one-time cost for documenting hazard assessments,
developing harness training materials, and providing training is 2,409
management hours and 4,150 employee hours. Average hourly employee
wages for SIC 3731 are about $14.00 per hour (``Employment and
Earnings'' Bureau of Labor Statistics October, 1994). The Agency
estimates that the cost of wages plus benefits is $20 per hour for
production employees and $30 per hour for managers.
The total cost of these elements of the standard is approximately
$155,000. Annualized over five years at 7 percent, this cost is about
$35,000 per year. Added to the annual cost of body harnesses of
$128,000, the Agency estimates that the total annualized cost of the
PPE standard is $163,000 per year for the shipyard industry.
Economic Impacts
With industry revenues exceeding $9 billion and an estimated profit
of $275 million in 1994, the annual estimated compliance costs
associated with the standard ($163,000) will not cause a significant
impact on the revenues or profits of firms in the shipyard industry.
[[Page 26342]]
Benefits
The final shipyard PPE standard will reduce the risk of injury or
fatality confronting workers who fall while wearing body belts. After
the phase-in period, shipyard workers who fall while wearing body
harnesses will experience fewer fatalities or severe injuries as a
result of these falls. Although industry and insurance representatives
testified to the beneficial effects of harnesses, data in the record
are not sufficiently detailed to quantify the magnitude of the reduced
risk. Accordingly, OSHA has not quantified this risk reduction or the
productivity gains associated with the use of harnesses compared with
belts. In addition, the use of locking snaphooks, as required by the
final rule, will prevent roll-out thus reducing the risk of fatality or
severe injury.
The Agency has also analyzed the more typical PPE-related injuries
of lesser severity. OSHA estimates that compliance with the final
shipyard personal protective equipment rule will potentially prevent
about 1,550 lost workday injuries (15 percent of all shipyard PPE-
related lost workday injuries) and about 12,650 non-lost workday
injuries (about 46 percent of all shipyard PPE-related non-lost workday
injuries). To develop this estimate, the Agency analyzed a sample of
over 1,700 shipyard injuries reported on OSHA Form 200's that were
collected as part of recent OSHA survey efforts. For each injury or
illness in the sample, OSHA judged whether the injury or illness was
potentially preventable through the use of the appropriate type of
protective equipment. These judgments were based on the injury and
illness descriptions on the Form 200. OSHA considered the following
types of PPE to be applicable: hard hats, safety glasses and goggles,
welding goggles and helmets, face shields, safety shoes, work gloves
and other forms of hand protection, and chemical protective gloves,
aprons, and other clothing.
To develop its estimate, OSHA first divided the sample injuries and
illnesses by severity and estimated the fraction of cases that were
judged to be potentially preventable by PPE use. Next, OSHA applied
these preventability rates to Bureau of Labor Statistics employment
levels for 1994 for the shipyard industry and calculated the number of
cases that might be prevented through PPE use. The results of this
analysis are shown in Table 4. Of 27,317 shipyard injuries and
illnesses without lost-workdays, 12,665 (46.4 percent) were estimated
to be potentially preventable through proper use of PPE. Of 9,876 cases
involving days away from work, OSHA estimated that 1,549 (15.7 percent)
were potentially preventable through compliance with OSHA's PPE
requirements. These estimates indicate that over 10 percent of all
shipyard injuries (both lost-time and non-lost work time) are
potentially preventable through the proper use of safety glasses, while
15 percent are potentially preventable through the use of work gloves
or other appropriate forms of hand protection. This analysis of
``typical'' PPE injuries parallels the benefits analysis performed for
the general industry PPE standard, with one exception. In this shipyard
analysis, the Agency has reduced its estimate of the number of eye
injuries that could be prevented by the use of safety glasses to 50
percent (a figure of about 99 percent was applied in the general
industry analysis), because shipyard representatives and OSHA personnel
report that the use of basic eye protection is standard practice in
shipyards, which are widely recognized as being especially hazardous
environments. The Agency concludes that fewer eye injuries occur in
shipyards than general industry establishments because employees in
shipyards, unlike those in general industry, are routinely required to
wear safety glasses.
Table 4.--Preventability of Shipyard Injuries by Type of PPE (1994)
----------------------------------------------------------------------------------------------------------------
Injuries without lost- Injuries with lost- All injuries
workdays workdays -------------------------
Injury preventability/PPE type ----------------------------------------------------
Number Percent Number Percent Number Percent
----------------------------------------------------------------------------------------------------------------
Preventable:
Hard hat...................... 753 2.8 133 1.3 886 2.4
Safety glasses \1\............ 3,509 12.8 346 3.5 3,855 10.4
Safety goggles................ 422 1.5 88 0.9 510 1.4
Welding goggles/helmet........ 632 2.3 137 1.4 769 2.1
Face shield................... 1,024 3.7 33 0.3 1,057 2.8
Safety shoes (metatarsal
guard)....................... 392 1.4 237 2.4 628 1.7
Safety shoes (toe protection). 361 1.3 109 1.1 470 1.3
Safety shoes (sole protection) 151 0.6 0 0.0 151 0.4
Work gloves................... 5,120 18.7 406 4.1 5,526 14.9
Chemical protective gloves.... 0 0.0 48 0.5 48 0.1
Chemical protective clothing.. 301 1.1 13 0.1 314 0.8
-----------------------------------------------------------------------------
Total preventable........... 12,665 46.4 1,549 15.7 14,214 38.2
Not Preventable................... 14,652 53.6 8,327 84.3 22,979 61.8
All injuries...................... 27,317 100.0 9,876 100.0 37,193 100.0
----------------------------------------------------------------------------------------------------------------
\1\ Rate for eye injuries preventable by safety glasses adjusted downward by 50.0% due to current high rate of
safety glass use in shipyards.
Source: Bureau of Labor Statistics. 1992. Survey of Occupational Injuries and Illnesses; OSHA estimates based on
analysis of Form 200 Shipyard Injury Database. Estimates of the number of 1992 injuries and illnesses
extrapolated to 1994 based on decline in shipyard employment of 14.4 percent over this period.
OSHA also used data supplied by the BLS describing the distribution
of shipyard lost-workday cases by body part injured to develop
disaggregated estimates of the number of preventable injuries. These
estimates are shown in Table 5. OSHA estimates that 90 percent of the
head, scalp, and toe injuries are potentially preventable. OSHA also
judged PPE to be effective, at lower rates, in preventing face, eye,
foot, hand and finger injuries.
[[Page 26343]]
Table 5.--Preventable Shipyard Injuries and Illnesses by Severity and Body Part
----------------------------------------------------------------------------------------------------------------
Number of Share of
Number of extrapolated injuries Number of
Injury severity/body part 1992 1994 preventable injuries
injuries injuries \3\ \4\ prevented
--------------------------------------------------------------------------------------(percentage)--------------
Injuries and illnesses without lost workdays\1\......... 31,900 27,317 46.4 12,665
Lost-workday injuries and illnesses:\2\
Head, unspecified................................... 73 63 100.0 63
Ear(s).............................................. 0 0 0.0 0
Eye(s).............................................. 1,080 925 \5\ 61.7 571
Face................................................ 51 44 75.0 33
Scalp............................................... 91 78 \6\ 90.0 70
Neck................................................ 350 300 0.0 0
Arm(s), Unspecified................................. 49 42 0.0 0
Elbow............................................... 265 227 0.0 0
Forearm............................................. 128 110 0.0 0
Wrist............................................... 478 409 12.5 51
Hand(s)............................................. 508 435 38.9 169
Finger(s)........................................... 720 617 37.9 234
Upper extremities, multiple......................... 0 0 0.0 0
Trunk, unspecified.................................. 0 0 \6\ NE 0
Abdomen............................................. 88 75 0.0 0
Back, Unspecified................................... 954 817 0.0 0
Back, lumbar........................................ 1,198 1,026 0.0 0
Back, thoracic...................................... 168 144 0.0 0
Chest............................................... 289 247 5.3 13
Hip................................................. 306 262 0.0 0
Shoulder(s)......................................... 601 515 0.0 0
Trunk, Multiple parts............................... 0 0 0.0 0
Lower extremities, multiple......................... 0 0 0.0 0
Leg(s), unspecified................................. 59 51 0.0 0
Thighs.............................................. 89 76 0.0 0
Knee(s)............................................. 1,073 919 0.0 0
Lower leg(s)........................................ 123 105 0.0 0
Leg(s), multiple.................................... 0 0 0.0 0
Ankle(s)............................................ 624 534 0.0 0
Foot/feet........................................... 488 418 60.0 251
Toe(s).............................................. 123 105 90.0 95
Lower extremities, multiple......................... 0 0 0.0 0
Multiple body parts................................. 674 577 0.0 0
Lost workday injuries continued:
Circulatory system.................................. 0 0 0.0 0
Digestive system.................................... 0 0 \7\NE 0
Excretory system.................................... 0 0 0.0 0
Nervous system...................................... 0 0 0.0 0
Respiratory system.................................. 0 0 0.0 0
Body parts, NEC..................................... 163 140 \7\NE 0
Unclassifiable...................................... 720 617 0.0 0
-------------------------------------------------------
Total lost-workday injury......................... 11,533 9,876 15.7 1,549
All injuries and Illnesses.............................. 43,433 37,193 38.2 14,214
----------------------------------------------------------------------------------------------------------------
\1\ Bureau of Labor Statistics. 1992 Survey of Occupational Injuries and Illnesses.
\2\ Bureau of Labor Statistics. 1992 Survey of Occupational Injuries and Illnesses, unpublished data. Injury and
illness data by body part available only for cases with lost workdays.
\3\ Estimates of the number of 1992 injuries and illnesses extrapolated to 1994 based on decline in shipyard
employment of 14.4 percent over this period.
\4\ OSHA estimates based on analysis of Form 200 Shipyard Injury Database. Estimate of preventable share for non
lost-workday injuries based on the overall ratio of preventable non-lost-workday cases in the Form 200
database.
\5\ Rate for eye injuries preventable by safety glasses adjusted downward by 50.0% due to current high rate of
safety glass use in shipyards.
\6\ OSHA estimate. No observations for this injury category in Form 200 database.
Regulatory Alternatives
The Agency concludes that the proposed rule is the most cost-
effective regulatory alternative for this industry. One alternative
considered was to apply the general industry PPE standard to the
shipyard industry. However, if the general industry PPE standard (29
CFR 1910.132) were applied to the shipyard industry in its entirety, it
would impose unnecessary costs in the form of paperwork because it
could require shipyards to adopt new training and documentation
programs. Shipyards have long had both comprehensive and specialized
safety programs and their own databases for maintaining training logs,
accident data, and other information. The final rule builds on the
tools the industry has already developed and thus avoids imposing
unnecessary costs and other burdens on shipyard employers.
Regulatory Flexibility
As required by the Regulatory Flexibility Act of 1980 (as amended
by Title II, Subtitle D of the Contract with America Advancement Act of
1996),
[[Page 26344]]
OSHA assessed the economic burden faced by small establishments in
complying with this final rule. In comments to the record for this
standard, no comments specifically addressed either the Regulatory
Flexibility Analysis or its conclusion that the standard would impose
no significant impact on small firms. In that analysis, the Agency
identified the increased use of respirators as the main source of new
costs for all shipyards, but this element has been dropped in the final
standard.
The Agency has concluded that small shipyards in the industry have
as much need of additional personal protective equipment as other
shipyards. The industry has one of the highest injury and illness rates
of any industry. Since the largest shipyards report injury and illness
rates at or below the industry average, the Agency has concluded that
the rate of preventable injuries and illnesses are at least as great in
smaller yards. In addition, many of the production operations are the
same for larger and smaller shipyards. Since the standard requires
employers to identify and protect workers from risk by occupation or
trade, the Agency concludes that the risks for each trade are similar
irrespective of the size of the shipyard. The objectives of the
standard are to reduce the risk of PPE-preventable injuries in
shipyards.
Although no public comments were specifically addressed to issues
in the Regulatory Flexibility Analysis, many of the comments applied to
situations faced by smaller shipyards. However, the Agency believes
that smaller yards are not impacted in a significantly different manner
or scale than larger shipyards. The comments by smaller shipyards about
feasibility were similar to the larger yards: questioning the utility
of body harnesses rather than body belts and the need to certify hazard
assessments and training.
The Agency considered applying the General Industry PPE standard as
an alternative for small establishments in the shipyard industry, but
testimony and comments in the docket support the Agency's decision that
the final standard will more effectively meet the risk in shipyards at
lowest cost.
As can be seen in Table 3, the Agency estimates that there are 200
firms in the shipyard industry with 10 or fewer employees, 100 firms
with 11-20 employees, and 100 firms with 21-99 employees. The Agency
believes that for the shipyard industry, firms with fewer than 100
employees is a ``small'' firm. Therefore, for purposes of this
Regulatory Flexibility Analysis, the Agency estimates that there are
approximately 400 ``smaller'' businesses with an estimated 8,000
employees. From data in Table 3, smaller firms will require 525
management hours to document hazard assessments, 250 management hours
to develop training for body harnesses, and 250 management hours to
provide training, and 550 employee hours for training. Costs for these
elements, which are a one-time cost, total $38,450, which is equivalent
to an $8,700 annual cost (annualized over 5 years at 7 percent). Other
new annual costs for small firms are estimated at $13,500 for 500 body
harnesses to replace body belts. Total annual costs for smaller
shipyards are then an estimated $22,200, or an average of about $55 per
smaller shipyard. The Agency has provided a phase-in period of two
years to allow smaller shipyards time to accomplish this shift.
OSHA concludes that this standard will not impose a significant
impact on a substantial number of small entities, and that the phase-in
for body harnesses will further alleviate any impacts that do occur.
International Trade
In accordance with Executive Order 12866, OSHA assessed the effects
of the final standard on international trade. The shipyard industry
actively competes with foreign shipyards for ship repair and
shipbuilding orders. If this OSHA regulation significantly increased
the price of products and services of domestic shipyards, foreign
shipyards could benefit. OSHA believes, however, that there will be
virtually no effect on the prices of products or services as a result
of this regulation.
Environmental Impact
The shipyard PPE standard has been reviewed in accordance with the
requirements of the National Environmental Policy Act (NEPA) of 1969
(42 U.S.C. 4321 et seq.), the regulations of the Council on
Environmental Quality (CEQ) (40 CFR part 1500), and DOL NEPA Procedures
(29 CFR part 11). There will be no additional incremental release
quantities related to this standard. Releases of substances regulated
under EPA's SARA Title III or EPA NESHAP standards are subject to
reporting and control requirements.
Non-Regulatory Alternatives
The primary objective of OSHA's standard for PPE is to minimize the
number of shipyard employee injuries and risk of fatalities. The Agency
examined non-regulatory approaches for promoting PPE use, including (1)
incentives created by workers' compensation programs or the threat of
private suits, and (2) requirements of the U.S. Navy and U.S. Coast
Guard. Following this review, OSHA determined that the need for
government regulation arises from the significant risk of job-related
injury or death. Private markets fail to provide enough safety and
health resources due to the externalization of part of the social cost
of worker injuries and deaths. Workers' compensation systems do not
offer an adequate remedy because premiums do not reflect specific
workplace risk and liability claims are restricted by statutes
preventing employees from suing their employers. The U.S. Navy and U.S.
Coast Guard require shipyards to follow safe procedures when performing
work for them or when constructing merchant vessels; however, most
firms do not come under this scrutiny. Thus, OSHA has determined that a
federal standard is necessary.
References
1. U.S. Department of Commerce. International Trade Administration.
1994 U.S. Industrial Outlook.
2. U.S. Department of Transportation. Maritime Administration.
Report on Survey of U.S. Shipbuilding and Repair Facilities, 1990.
3. U.S. Department of Commerce. Bureau of the Census. Preliminary
Report Industry Service 1987 Census of Manufactures: Shipbuilding
and Repairing (Industry 3731). Washington, D.C.: Government Printing
Office, 1990.
4. U.S. Department of Commerce. Bureau of the Census. Preliminary
Report Industry Service 1987 Census of Manufactures: Shipbuilding
and Repairing (Industry 3731). Washington, D.C.: Government Printing
Office, 1989.
5. CONSAD Research Corp. Data to Support a Regulatory Analysis of
the Proposed Standard for Shipbuilding and Repairing. Final Report.
Prepared for the U.S. Department of Labor, Occupational Safety and
Health Administration, under Contract No. J-9-F-4-0024. Pittsburgh:
CONSAD, November 1985.
6. CONSAD Research Corp. Data to Support A Regulatory Analysis of
the Proposed Standard for Shipbuilding and Repairing: Subpart B.
Prepared for the U.S. Department of Labor, Occupational Safety and
Health Administration, under Contract No. J-9-F-4-0024. Pittsburgh:
CONSAD, June 1986.
7. Commission on Merchant Marine and Defense. First Report of the
Commission of Merchant Marine and Defense, Appendices. Washington,
D.C., September 30, 1987.
8. Dun and Bradstreet Financial Data. 1989, 1991, 1994.
9. Bureau of Labor Statistics, Employment and Earnings, May, 1995.
[[Page 26345]]
10. Executive Office of the President. OMB. Standard Industrial
Classification Manual. 1987.
11. Main Hurdman/KGM. Profile of the Shipbuilding and Repairing
Industry. Prepared for the U.S. Department of Labor, Occupational
Safety and Health Administration. Washington, D.C., October 1984. 62
Pp.
12. Shipyard Council of America. ``Merchant Shipbuilding''
September, 1987; ``Naval Shipbuilding'' January, 1992; ``Ship
Construction Report'' July, 1991.
13. American Waterways Shipyard Conference. 1989 and 1992 Annual
Shipyard Survey. Arlington, Va.
14. Bureau of Labor Statistics, Occupational Injuries and Illnesses
in the U.S. by Industry 1992.
15. Sulowski, Andrew, ``Selecting Fall Arresting Systems,'' National
Safety News, Oct. 1979.
16. Hearon, Bernard F. and Brinkley, James W., ``Fall Arrest and
Post-Fall Suspension: Literature Review and Direction for Further
Research,'' Air Force Aerospace Medical Research Laboratory,
Aerospace Medical Division, Air Force Systems Command, Wright-
Patterson Air Force Base, Ohio.
17. United States Technical Advisory Group, Ex. 9-33 submitted to
the Powered Platform rulemaking, Docket S-700A.
V. Paperwork Reduction Act
The Agency has estimated the paperwork burden of the shipyard PPE
standard under the guidelines of the Paperwork Reduction Act of 1995.
Under that Act, burden is defined as the total time, effort, or
financial resources expended by persons to generate, maintain, retain,
or disclose or provide information to or for a Federal Agency. The
Agency has concluded that the following elements of the shipyard PPE
standard potentially could create a paperwork burden for the shipyard
industry:
For hazard assessments:
performing a hazard assessment for each trade; documenting the
hazard assessment;
For PPE training:
developing training materials (or programs for PPE; training
employees;
documenting employee training.
For personal fall arrest system training:
developing a training program; training employees.
For positioning device systems training:
developing a training program; training employees.
For most of these potential sources of burden, shipyards are
already performing these information collection or disclosure
functions. For these elements, the final rule will not therefore
require shipyards to expend additional resources on paperwork.
The Agency has concluded that only new burdens imposed specifically
by new or revised provisions of a standard should be considered
paperwork burdens attributable to that standard. In other words, it
would be inappropriate to count as the burden actions that firms in the
regulated community have already undertaken voluntarily.
The record shows that shipyards are already complying with all of
the paperwork burden elements listed above, except for documenting
hazard assessments, developing training for personal fall arrest
systems (body harnesses), and providing training to employees for
personal fall arrest systems. Among large shipyards, only Newport News
Shipbuilding (NNS) reported that it relies primarily on body belts
rather than body harnesses.
The hazard assessment documentation required by the standard
consists of a record, either paper or on a computer or other storage
medium, with the date of the hazard assessment, name of person
performing the assessment, occupation or operations covered, and a list
of the PPE required. Shipyards report that they already incorporate
some of this information in their current training materials. The
Agency has estimated that it would take each shipyard about an hour to
develop a computer- based record format for this documentation and
approximately five minutes to record the hazard assessment for each
occupation covered. Table 6 summarizes this information for the PPE
standard.
Development of training materials for the use of personal fall
arrest systems (body harnesses) is the second potential burden element.
All large shipyards report that they already use harnesses to some
extent. Because training videos and written materials on the use of
body harnesses are widely available, the Agency has concluded that the
time required for establishing such a training program will be small.
Table 6 presents the Agency's estimate of the time that firms will
expend to develop training for the use of body harnesses; the estimate
ranges from 8 hours for firms with more than 500 employees to 2 hours
for the smallest employers.
Firms that do not currently use body harnesses must also train
their employees as harnesses are substituted over time for body belts.
The paperwork burden of this training consists of management or
trainers' time to provide training to employees. The Agency estimates a
training session will take approximately one hour and that as many as
10 to 20 employees can receive training in a single session. Table 6
presents the Agency's estimate of the number of sessions by firm size
that will be necessary for training in body harnesses. The Agency
estimates that a higher fraction (10 percent or more) of smaller firms'
employees will have to be trained due to the nature of their business--
cleaning tanks, repairs over the ship's side, painting and
maintenance--which require the use of harnesses. Among large firms,
only NNS reported that they used very few harnesses. The Agency
estimates that all of NNS's body belts (4,700) will not have to be
replaced with harnesses, since relatively less work at large shipyards
and new ship construction require a body harness (rather than a body
belt). The Agency has estimated that NNS will replace 3,000 body belts
with harnesses. Data for the paperwork burden of providing training to
employees are also presented in Table 6.
Table 6.--Estimate of Burden Hours to Document Hazard Assessments, to Develop Training Programs for Body Hamesses, and to Train in Use of Body Hamesses
for OSHA's page Standard on PPE in Shipyards.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Hazard assessment Develop training for hamessess Training
-----------------------------------------------------------------------------------
Number of Time of Time
Firm size [number of employees] firms in Number of document develop Number of Total Training Time to
size hazard hazard training firms who time to sessions train
category assessments assessment's per firm must do develop per firm [hours]
[occupations] [hours] [hours] so program
--------------------------------------------------------------------------------------------------------------------------------------------------------
1000+.................................................... 12 40 36 ......... 0 0 150 150
500-999.................................................. 12 30 30 8 6 48 4 24
100-499.................................................. 76 30 190 4 76 304 2 152
21-99.................................................... 100 10 150 4 100 400 1 100
[[Page 26346]]
11-20.................................................... 100 5 125 2 50 100 1 50
1-10..................................................... 200 5 250 2 100 200 1 100
----------------------------------------------------------------------------------------------
Subtotals (hours).................................. ......... ............. 781 ......... ......... 1052 ......... 576
==============================================================================================
Total estimated burden (first-year, one-time)............ ......... ............. ............ ......... ......... ......... ......... \1\ 2,409
Estimated annual burden 300 hours.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Source: OSHA's Office of Regulatory Analysis.
\1\ Hours.
The Agency estimates that the shipyard PPE standard will result in
about 2,409 paperwork burden hours being imposed on the shipyard
industry the first year, most of it due to developing training
materials in the use of body harnesses. However, these 2,409 hours are
only an estimate of the first-year burden, a one-time claim on
resources, not an annual burden. The future annual burden beginning in
the second year, is estimated to be approximately 300 hours per year,
which represents managers' time to train new employees resulting from
employee turnover in firms not currently training employees in the use
of harnesses.
Collections of Information: Request for Comments
The Department of Labor, as part of its continuing effort to reduce
paperwork and respondent burden, conducts a preclearance consultation
program to provide the general public and Federal agencies with an
opportunity to comment on proposed and/or continuing collections of
information in accordance with the Paperwork Reduction Act of 1995
(PRA95)(44 U.S.C. 3506(c)(2)(A)). This program helps to ensure that
requested data can be provided in the desired format, reporting burden
(time and financial resources) is minimized, collection instruments are
clearly understood, and the impact of collection requirements on
respondents can be properly assessed. Currently, OSHA is soliciting
comments concerning the proposed approval for the paperwork
requirements of 29 CFR 1915, subpart I, Personal Protective Equipment
for Shipyard Employment (PPE). Written comments should:
Evaluate whether the proposed collection of information is
necessary for the proper performance of the functions of the agency,
including whether the information will have practical utility;
Evaluate the accuracy of the agency's estimate of the
burden of the proposed collection of information, including the
validity of the methodology and assumptions used;
Enhance the quality, utility, and clarity of the
information to be collected; and
Minimize the burden of the collection of information on
those who are to respond, including through the use of appropriate
automated, electronic, mechanical, or other technological collection
techniques or other forms of information technology, e.g., permitting
electronic submissions of responses.
Background
OSHA in its final rule for Personal Protective Equipment in
Shipyard Employment is including two types of information collections.
The first is a requirement for the employer to conduct a hazard
assessment relative to PPE selection, and the second involves training
requirements for PPE.
OSHA believes that the information collection and documentation of
the hazard assessment as outlined in the final standard is necessary so
that situations where PPE should be used for employee protection can be
identified, and the proper PPE selected. In addition, OSHA believes
that the training requirements and documentation in the final standard
are essential in providing employees with the information and practical
knowledge needed to effectively use PPE. Documentation can be used by
the employer to ensure that all of its employees using PPE are properly
trained.
Current Actions
This notice requests OMB approval of the paperwork requirements in
Personal Protective Equipment for Shipyard Employment (29 CFR 1915,
Subpart I).
Type of Review: New.
Agency: Occupational Safety and Health Administration, U.S.
Department of Labor.
Title: Personal Protective Equipment for Shipyard Employment (29
CFR 1915, subpart I).
OMB Number: 1218-AA74
Agency: Docket No. S-045.
Frequency: On occasion.
Affected Public: Business or other for-profit, Federal government,
State and Local governments.
Number of respondents: 500.
Estimated Time Per Respondent: Varies.
Total Estimated Cost: $72,270 (First year only), $9,000 annual.
Total Burden Hours: 2,409 (First year only), 300 annual, recurring.
Comments submitted in response to this notice will be summarized
and/or included in the request for Office of Management and Budget
approval of the information collection request: they will also become a
matter of public record.
VI. Statutory Considerations
Introduction
OSHA has described PPE-related hazards and the measures required to
protect affected employees from those hazards in Section I, Background;
Section II, Hazards Involved; and Section III, Summary and Explanation
of the Final Rule, above. The Agency is providing the following
discussion of the statutory mandate for OSHA rulemaking activity to
explain the legal
[[Page 26347]]
basis for its determination that the revised shipyard PPE standard, as
promulgated, is reasonably necessary to protect affected employees from
significant risks of injury and death.
Section 2(b)(3) of the Occupational Safety and Health Act
authorizes ``the Secretary of Labor to set mandatory occupational
safety and health standards applicable to businesses affecting
interstate commerce'', and section 5(a)(2) provides that ``[each]
employer shall comply with occupational safety and health standards
promulgated under this Act'' (emphasis added). Section 3(8) of the OSH
Act (29 U.S.C. Sec. 652(8)) provides that ``the term `occupational
safety and health standard' means a standard which requires conditions,
or the adoption or use of one or more practices, means, methods,
operations, or processes, reasonably necessary or appropriate to
provide safe or healthful employment and places of employment.''
In two recent cases, reviewing courts have expressed concern that
OSHA's interpretation of these provisions of the OSH Act, particularly
of section 3(8) as it pertains to safety rulemaking, could lead to
overly costly or under-protective safety standards. In International
Union, UAW v. OSHA, 938 F.2d 1310 (D.C. Cir. 1991), the District of
Columbia Circuit rejected substantive challenges to OSHA's lockout/
tagout standard and denied a request that enforcement of that standard
be stayed, but it also expressed concern that OSHA's interpretation of
the OSH Act could lead to safety standards that are very costly and
only minimally protective. The reviewing court conducted further
proceedings and subsequently held that the OSH Act provides adequate
constraints on the exercise of OSHA's regulatory authority (938 F.3d
1310, D.C. Cir. 1994).
In National Grain & Feed Ass'n v. OSHA, 866 F.2d 717 (5th Cir.
1989), the Fifth Circuit concluded that Congress gave OSHA considerable
discretion in structuring the costs and benefits of safety standards
but, concerned that the grain dust standard might be under-protective,
directed OSHA to consider adding a provision that might further reduce
significant risk of fire and explosion.
OSHA rulemakings involve a significant degree of agency expertise
and policy-making discretion to which reviewing courts must defer.
(See, for example, Building & Constr. Trades Dep't, AFL-CIO v. Brock,
838 F.2d 1258, 1266 (D.C. Cir. 1988); Industrial Union Dep't, AFL-CIO
v. American Petroleum Inst., 448 U.S. 607, 655 n. 62 (1980).) At the
same time, the Agency's technical expertise and policy-making authority
must be exercised within discernable limits. The lockout/tagout and
grain handling standard decisions sought clarification of the Agency's
view of the scope of its expertise and authority. In light of those
decisions, the preamble to this safety standard states OSHA's views
regarding the limits of its safety rulemaking authority and explains
why the Agency is confident that its interpretive views have in the
past avoided regulatory extremes and continue to do so in this rule.
Stated briefly, the OSH Act requires that, before promulgating any
occupational safety standard, OSHA demonstrate based on substantial
evidence in the record as a whole that: (1) the proposed standard will
substantially reduce a significant risk of material harm; (2)
compliance is technologically feasible in the sense that the protective
measures being required already exist, can be brought into existence
with available technology, or can be created with technology that can
reasonably be developed; (3) compliance is economically feasible in the
sense that industry can absorb or pass on the costs without major
dislocation or threat of instability; and (4) the standard is cost
effective in that it employs the least expensive protective measures
capable of reducing or eliminating significant risk. Additionally,
proposed safety standards must be compatible with prior Agency action,
must be responsive to significant comment in the record, and, to the
extent allowed by statute, must be consistent with applicable Executive
Orders. These elements limit OSHA's regulatory discretion for safety
rulemaking and provide a decision-making framework for developing a
rule.
A. Congress concluded that OSHA regulations are necessary to
protect workers from occupational hazards and that employers should be
required to reduce or eliminate significant workplace health and safety
threats. At section 2(a) of the OSH Act (29 U.S.C. Sec. 651(a)),
Congress announced its determination that occupational injury and
illness should be eliminated as much as possible: ``The Congress finds
that occupational injury and illness arising out of work situations
impose a substantial burden upon, and are a hindrance to, interstate
commerce in terms of lost production, wage loss, medical expenses, and
disability compensation payments.'' Congress therefore declared ``it to
be its purpose and policy * * * to assure so far as possible every
working man and woman in the Nation safe * * * working conditions [29
U.S.C. Sec. 651(b)].''
To that end, Congress instructed the Secretary of Labor to adopt
existing federal and consensus standards during the first two years
after the OSH Act became effective and, in the event of conflict among
any such standards, to ``promulgate the standard which assures the
greatest protection of the safety or health of the affected employees
[29 U.S.C. Sec. 655(a)].'' Congress also directed the Secretary to set
mandatory occupational safety standards [29 U.S.C. Sec. 651(b)(3)],
based on a rulemaking record and substantial evidence [29 U.S.C.
Sec. 655(b)(2)], that are ``reasonably necessary or appropriate to
provide safe * * * employment and places of employment.'' When
promulgating permanent safety or health standards that differ from
existing national consensus standards, the Secretary must explain ``why
the rule as adopted will better effectuate the purposes of this Act
than the national consensus standard [29 U.S.C. Sec. 655(b)(8)].''
Correspondingly, every employer must comply with OSHA standards and, in
addition, ``furnish to each of his employees employment and a place of
employment which are free from recognized hazards that are causing or
are likely to cause death or serious physical harm to his employees [29
U.S.C. Sec. 654(a)].''
``Congress understood that the Act would create substantial costs
for employers, yet intended to impose such costs when necessary to
create a safe and healthful working environment. Congress viewed the
costs of health and safety as a cost of doing business * * *. Indeed,
Congress thought that the financial costs of health and safety problems
in the workplace were as large as or larger than the financial costs of
eliminating these problems [American Textile Mfrs. Inst. Inc. v.
Donovan, 452 U.S. 490, 519-522 (1981) (ATMI); emphasis was supplied in
original].'' ``[T]he fundamental objective of the Act [is] to prevent
occupational deaths and serious injuries [Whirlpool Corp. v. Marshall,
445 U.S. 1, 11 (1980)].'' ``We know the costs would be put into
consumer goods but that is the price we should pay for the 80 million
workers in America [S. Rep. No. 91-1282, 91st Cong., 2d Sess. (1970);
H.R. Rep. No. 91-1291, 91st Cong., 2d Sess. (1970), reprinted in Senate
Committee on Labor and Public Welfare, Legislative History of the
Occupational Safety and Health Act of 1970, (Committee Print 1971)
(``Leg. Hist.'') at 444 (Senator Yarborough)].'' ``Of course, it will
cost a little more per item to produce a washing machine. Those of us
who use
[[Page 26348]]
washing machines will pay for the increased cost, but it is worth it,
to stop the terrible death and injury rate in this country [Id. at 324;
see also 510-511, 517].''
[T]he vitality of the Nation's economy will be enhanced by the
greater productivity realized through saved lives and useful years
of labor.
When one man is injured or disabled by an industrial accident or
disease, it is he and his family who suffer the most immediate and
personal loss. However, that tragic loss also affects each of us. As
a result of occupational accidents and disease, over $1.5 billion in
wages is lost each year [1970 dollars], and the annual loss to the
gross national product is estimated to be over $8 billion. Vast
resources that could be available for productive use are siphoned
off to pay workmen's compensation and medical expenses * * *.
Only through a comprehensive approach can we hope to effect a
significant reduction in these job death and casualty figures. [Id.
at 518-19 (Senator Cranston)]
Congress considered uniform enforcement crucial because it would
reduce or eliminate the disadvantage that a conscientious employer
might experience where inter-industry or intra-industry competition is
present. Moreover, ``many employers--particularly smaller ones--simply
cannot make the necessary investment in health and safety, and survive
competitively, unless all are compelled to do so [Leg. Hist. at 144,
854, 1188, 1201].''
Thus, the statutory text and legislative history make clear that
Congress conclusively determined that OSHA regulation is necessary to
protect workers from occupational hazards and that employers should be
required to reduce or eliminate significant workplace health and safety
threats.
B. As construed by the courts and by OSHA, the OSH Act sets clear
and reasonable limits for Agency rulemaking action. OSHA has long
followed the teaching that section 3(8) of the OSH Act requires that,
before it promulgates ``any permanent health or safety standard, [it
must] make a threshold finding that a place of employment is unsafe--in
the sense that significant risks are present and can be eliminated or
lessened by a change in practices [Industrial Union Dep't, AFL-CIO v.
American Petroleum Inst., 448 U.S. 607, 642 (1980) (plurality)
(Benzene); emphasis was supplied in original].'' Thus, the national
consensus and existing federal standards that Congress instructed OSHA
to adopt summarily within two years of the OSH Act's inception provide
reference points concerning the least an OSHA standard should achieve
(29 U.S.C. Sec. 655(a)). As a result, OSHA is precluded from regulating
insignificant risks or from issuing standards that do not at least
lessen risk in a significant way.
The OSH Act also limits OSHA's discretion to issue overly
burdensome rules, as the Agency also has long recognized that ``any
standard that was not economically or technologically feasible would a
fortiori not be `reasonably necessary or appropriate' under the Act.
See Industrial Union Dep't v. Hodgson, [499 F.2d 467, 478 (D.C. Cir.
1974)] (`Congress does not appear to have intended to protect employees
by putting their employers out of business.') [American Textile Mfrs.
Inst. Inc., 452 U.S. at 513 n. 31 (a standard is economically feasible
even if it portends `disaster for some marginal firms,' but it is
economically infeasible if it `threaten[s] massive dislocation to, or
imperil[s] the existence of,' the industry)].''
By stating the test in terms of ``threat'' and ``peril,'' the
Supreme Court made clear in ATMI that economic unfeasibility begins
short of industry-wide bankruptcy. OSHA itself has placed the line
considerably below this level. (See for example, ATMI, 452 U.S. at 527
n. 50; 43 FR 27,360 (June 23, 1978). Proposed 200 g/m\3\ PEL
for cotton dust did not raise serious possibility of industry-wide
bankruptcy, but impact on weaving sector would be severe, possibly
requiring reconstruction of 90 percent of all weave rooms. OSHA
concluded that the 200 g/m\3\ level was not feasible for
weaving and that 750 g/m\3\ was all that could reasonably be
required). See also 54 FR 29,245-246 (July 11, 1989); American Iron &
Steel Institute, 939 F.2d at 1003. OSHA raised engineering control
level for lead in small nonferrous foundries to avoid the possibility
of bankruptcy for about half of small foundries even though the
industry as a whole could have survived the loss of small firms.) All
OSHA standards must also be cost-effective in the sense that the
protective measures being required must be the least expensive measures
capable of achieving the desired end (ATMI, at 514 n. 32; Building and
Constr. Trades Dep't, AFL-CIO v. Brock, 838 F.2d 1258, 1269 (D.C. Cir.
1988)). OSHA gives additional consideration to financial impact in
setting the period of time that should be allowed for compliance,
allowing as much as ten years for compliance phase-in. (See United
Steelworkers of Am. v. Marshall, 647 F.2d 1189, 1278 (D.C. Cir. 1980),
cert. denied, 453 U.S. 913 (1981).) Additionally, OSHA's enforcement
policy takes account of financial hardship on an individualized basis.
OSHA's Field Inspection Reference Manual provides for setting a
``reasonable abatement date,'' based on careful consideration of an
employer's particular circumstances, by which time a violation must be
corrected (CPL. 2.103, Chapter IV, paragraph A2, September 26, 1994).
To reach the necessary findings and conclusions, OSHA conducts
rulemaking in accordance with the requirements of section 6 of the OSH
Act. The rulemaking process enables the Agency to determine the
qualitative and, if possible, the quantitative nature of the risk with
(and without) regulation, the technological feasibility of compliance,
the industry's profit history, the industry's ability to absorb costs
or pass them on to the consumer, the impact of higher costs on demand,
and the impact on competition with substitutes and imports. (See ATMI
at 2501-2503; American Iron & Steel Institute generally.) Section 6(f)
of the OSH Act further provides that, if the validity of a standard is
challenged, OSHA must support its conclusions with ``substantial
evidence in the record considered as a whole,'' a standard that courts
have determined requires fairly close scrutiny of agency action and the
explanation of that action. (See Steelworkers, 647 F.2d at 1206-1207.)
OSHA's powers are further circumscribed by the independent
Occupational Safety and Health Review Commission, which provides a
neutral forum for employer contests of citations issued by OSHA for
noncompliance with health and safety standards (29 U.S.C. Secs. 659-
661; noted as an additional constraint in Benzene at 652 n. 59). OSHA
must also respond rationally to similarities and differences among
industries or industry sectors. (See Building and Constr. Trades Dep't,
AFL-CIO v. Brock, 838 F.2d 1258, 1272-73 (D.C. Cir. 1988).)
OSHA rulemaking is thus constrained first by the need to
demonstrate that the standard will substantially reduce a significant
risk of material harm, and then by the requirement that compliance is
technologically capable of being done and not so expensive as to
threaten economic instability or dislocation for the industry. Within
these bounds, further constraints such as the need to find cost-
effective measures and to respond rationally to all meaningful comment
militate against regulatory extremes.
D. The revised PPE standard complies with the statutory criteria
described above and is not subject to the additional constraints
applicable to section 6(b)(5) standards.
[[Page 26349]]
Standards which regulate hazards that are frequently undetectable
because they are subtle or develop slowly or after long latency
periods, are frequently referred to as ``health'' standards. Standards
that regulate hazards, such as falls, explosions or electrocutions,
that cause immediately noticeable physical harm, are called ``safety''
standards. (See National Grain & Feed Ass'n v. OSHA (NGFA II), 866 F.2d
717, 731, 733 (5th Cir. 1989). As noted above, section 3(8) provides
that all OSHA standards must be ``reasonably necessary or
appropriate.'' In addition, section 6(b)(5) requires that OSHA set
health standards which limit significant risk ``to the extent
feasible.'' OSHA has determined that the revised PPE standard is a
safety standard, because the revised standard addresses hazards, such
as flying particles, molten metal, electric shock, falling objects and
falls from elevations that are immediately dangerous to life or health,
not the longer term, less obvious hazards subject to section 6(b)(5).
The OSH Act and its legislative history clearly indicate that
Congress intended for OSHA to distinguish between safety standards and
health standards. For example, in section 2(b)(6) of the OSH Act,
Congress declared that the goal of assuring safe and healthful working
conditions and preserving human resources would be achieved, in part:
* * * by exploring ways to discover latent diseases,
establishing causal connections between diseases and work in
environmental conditions, and conducting other research relating to
health problems, in recognition of the fact that occupational health
standards present problems often different from those involved in
occupational safety.
The legislative history makes this distinction even clearer:
[The Secretary] should take into account that anyone working in
toxic agents and physical agents which might be harmful may be
subjected to such conditions for the rest of his working life, so
that we can get at something which might not be toxic now, if he
works in it a short time, but if he works in it the rest of his life
might be very dangerous; and we want to make sure that such things
are taken into consideration in establishing standards. [Leg. Hist.
at 502-503 (Sen. Dominick), quoted in Benzene at 648-49]
Additionally, Representative Daniels distinguished between
``insidious 'silent killers' such as toxic fumes, bases, acids, and
chemicals'' and ``violent physical injury causing immediate visible
physical harm'' (Leg. Hist. at 1003), and Representative Udall
contrasted insidious hazards like carcinogens with ``the more visible
and well-known question of industrial accidents and on-the-job injury''
(Leg. Hist. at 1004). (See also, for example, S. Rep. No. 1282, 91st
Cong., 2d Sess 2-3 (1970), U.S. Code Cong. & Admin. News 1970, pp.
5177, 5179, reprinted in Leg. Hist. at 142-43, discussing 1967 Surgeon
General study that found that 65 percent of employees in industrial
plants ``were potentially exposed to harmful physical agents, such as
severe noise or vibration, or to toxic materials''; Leg. Hist. at 412;
id. at 446; id. at 516; id. at 845; International Union, UAW at 1315.)
In reviewing OSHA rulemaking activity, the Supreme Court has held
that section 6(b)(5) requires OSHA to set ``the most protective
standard consistent with feasibility'' (Benzene at 643 n. 48). As
Justice Stevens observed:
The reason that Congress drafted a special section for these
substances * * * was because Congress recognized that there were
special problems in regulating health risks as opposed to safety
risks. In the latter case, the risks are generally immediate and
obvious, while in the former, the risks may not be evident until a
worker has been exposed for long periods of time to particular
substances. [Benzene, at 649 n. 54.]
Challenges to the grain dust and lockout/tagout standards included
assertions that grain dust in explosive quantities and uncontrolled
energy releases that could expose employees to crushing, cutting,
burning or explosion hazards were harmful physical agents so that OSHA
was required to apply the criteria of section 6(b)(5) when determining
how to protect employees from those hazards. Reviewing courts have
uniformly rejected such assertions. For example, the Court in
International Union, UAW v. OSHA, 938 F.2d 1310 (D.C. Cir. 1991)
rejected the view that section 6(b)(5) provided the statutory criteria
for regulation of uncontrolled energy, holding that such a ``reading
would obliterate a distinction that Congress drew between `health' and
`safety' risks.'' The Court also noted that the language of the OSH Act
and the legislative history supported the OSHA position (International
Union, UAW at 1314). Additionally, the Court stated: ``We accord
considerable weight to an agency's construction of a statutory scheme
it is entrusted to administer, rejecting it only if unreasonable''
(International Union, UAW at 1313, citing Chevron U.S.A., Inc. v. NRDC,
467 U.S. 837, 843 (1984)).
The Court reviewing the grain dust standard also deferred to OSHA's
reasonable view that the Agency was not subject to the feasibility
mandate of section 6(b)(5) in regulating explosive quantities of grain
dust (National Grain & Feed Association v. OSHA (NGFA II), 866 F.2d
717, 733 (5th Cir. 1989)). It therefore applied the criteria of section
3(8), requiring the Agency to establish that the standard is
``reasonably necessary or appropriate'' to protect employee safety.
As explained in Section I, Background, Section III, Summary and
Explanation of the Standard, and in Section VI, Summary of the Final
Economic Analysis and Regulatory Flexibility Analysis, above, OSHA has
determined that the failure to protect employees from PPE-related
hazards poses significant risks to employees and that the provisions of
the final rule are reasonably necessary to protect affected employees
from those risks. The Agency estimates that compliance with the revised
PPE standard will cost $163,000 annually and will reduce the risk of
the identified hazards, preventing 14,200 injuries annually (of which
1,550 would be lost workday injuries and 12,650 would be non-lost
workday injuries). This constitutes a substantial reduction of
significant risk of material harm for the exposed population of
approximately 79,000 shipyard production employees.
The rulemaking record indicates that the measures required by the
standard are already in general use throughout the shipyard industry.
In addition, OSHA believes that compliance is economically feasible as
documented in the Economic Analysis.
As detailed in Table 7, below, the standard's estimated costs,
benefits, and compliance requirements are consistent with estimates of
other OSHA safety standards, such as the Hazardous Waste Operations and
Emergency Response (HAZWOPER) standard.
Table 7
----------------------------------------------------------------------------------------------------------------
Number of Number of
Final rule date deaths Injuries Annual cost first Annual cost next
Standard (CFR cite) (FR cite) prevented prevented five yrs (mill) five yrs (mill)
annually annually
----------------------------------------------------------------------------------------------------------------
Grain handling (1910.272).... 12-31-87 (52 FR 18 394 5.9 to 33.4....... 5.9 to 33.4.
49622).
[[Page 26350]]
HAZWOPER (1910.120).......... 3-6-89 (54 FR 32 18,700 153............... 153.
9311).
Excavations (Subpt P)........ 10-31-89 (54 FR 74 800 306............... 306.
45,954).
Process Safety Mgmt 2-24-92 57 FR 330 1,917 880.1............. 470.8.
(1910.119). 6356.
Permit-Required Confined 1-14-93 58 FR 54 5,041 202.4............. 202.4.
Spaces (1910.146). 4462.
----------------------------------------------------------------------------------------------------------------
OSHA assessed employee risk by evaluating exposure to PPE- related
hazards throughout the shipyard industry. The Summary of the Final
Economic Analysis and Regulatory Flexibility Analysis, Section IV,
above, presents OSHA's estimate of the costs and benefits of the
revised PPE standard in terms of the Standard Industrial Classification
(SIC) code for the industry regulated.
The record indicates clearly that employees in shipyard employment
face significant risks related to PPE-related hazards, and that
compliance with the revised PPE standard is reasonably necessary to
protect affected employees from those risks.
OSHA has considered and responded to all substantive comments
regarding the proposed Shipyard PPE standard on their merits in the
Section III, Summary and Explanation of the Standard, earlier in this
preamble. In particular, OSHA evaluated all suggested changes to the
proposed rule in terms of their impact on worker safety, their
feasibility, their cost effectiveness, and their consonance with the
OSH Act.
VII. Federalism
This regulation has been reviewed in accordance with Executive
Order 12612 (52 FR 41685, October 30, 1987) regarding Federalism. This
Order requires that Agencies, to the extent possible, refrain from
limiting state policy options, consult with states prior to taking any
actions which would restrict State policy options, and take such
actions only when there is clear constitutional authority and the
presence of a problem of national scope. The Order provides for
preemption of state law only if there is clear Congressional intent for
the Agency to do so. Any such preemption is to be limited to the extent
possible.
Section 18 of the Occupational Safety and Health Act (OSH Act)
expresses Congress' clear intent to preempt state laws relating to
issues on which federal OSHA has promulgated occupational safety and
health standards. Under the OSH Act, a state can avoid preemption only
if it submits, and obtains Federal approval of a plan for the
development of such standards and their enforcement. Occupational
safety and health standards developed by such states must, among other
things, be at least as effective in providing safe and healthful
employment and places of employment as the federal standards. Where
such standards are applicable to products distributed or used in
interstate commerce, they may not burden commerce unduly and must be
justified by compelling local conditions (see section 18(c)(2) of the
OSH Act).
The Federal standard on personal protective equipment addresses
hazards which are not unique to any one state or region of the country.
Nonetheless, states with occupational safety and health plans approved
under section 18, of the OSH Act, will be able to develop their own
state standards to deal with any special problems which might be
encountered in a particular state. Moreover, this standard is written
in general, performance-oriented terms. There is considerable
flexibility for methods of compliance which are appropriate to the
working conditions covered by the standard.
In brief, this regulation addresses a clear national problem
related to occupational safety and health in shipyard employment. Those
states which have elected to participate under section 18, of the OSH
Act are not preempted by this standard, and will be able to deal with
any special conditions within the framework of the Federal Act, while
ensuring that the state standards are at least as effective as that
standard.
VIII. State Plan Standards
The 25 States and territories having OSHA-approved occupational
safety and health plans which cover the issues of maritime safety and
health must revise their existing standards within six months of the
publication date of a final standard, or show OSHA why there is no need
for action because an existing state standard covering this area is
already ``at least as effective'' as the revised Federal standard.
Currently five states (California, Minnesota, Oregon, Vermont, and
Washington) have their own state plans which cover the private sector
on-shore maritime activities.
Federal OSHA enforces maritime standards off shore in all states
and provides on-shore coverage of maritime activities in Federal OSHA
States and in the following State plan States and territories: Alaska,
Arizona, Connecticut, (plan covers only State and local government
employees), Hawaii, Indiana, Iowa, Kentucky, Maryland, Michigan,
Nevada, New Mexico, New York, (plan covers only State and local
government employees), North Carolina, Puerto Rico, South Carolina,
Tennessee, Utah, Virginia, Virgin Islands, and Wyoming are All States
with State plans also must extend coverage to state and local
government employees engaged in maritime activities.
List of Subjects in 29 CFR Part 1915
Eye protection, Face protection, Fall protection, Foot protection,
Hazard assessment, Head protection, Hard hats, Incorporation by
reference, Personal flotation devices, Marine safety, Occupational
safety and health, Personal Fall Arrest Systems, Positioning Device
Systems, Protective equipment, Respirators, Respiratory protection,
Safety, Ship repair, Shipyards, Snaphooks, and Vessels.
IX. Authority
This document has been prepared under the direction of Joseph A.
Dear, Assistant Secretary of Labor for Occupational Safety and Health,
U.S. Department of Labor, 200 Constitution Avenue NW., Washington, D.C.
20210.
Accordingly, pursuant to sections 4, 6, and 8 of the Occupational
Safety and Health Act of 1970 (29 U.S.C. 653, 655, 657); section 41, of
the Longshore and Harbor Workers Compensation Act as amended (33 U.S.C.
941); Section 4 of the Administrative Procedure Act (5 U.S.C. 553);
Secretary of Labor's Order No. 1-90 (55 FR 9033); and 29 CFR part 1911,
29 CFR part 1915 is amended as set forth below.
[[Page 26351]]
Signed at Washington, DC, this 15th day of April 1996.
Joseph A. Dear,
Assistant Secretary of Labor.
PART 1915--[AMENDED]
1. The Authority citation for part 1915 continues to read as
follows:
Authority: Secs. 4, 6, and 8, Occupational Safety and Health Act
of 1970 (29 U.S.C. 653, 655, 657); section 41, Longshore and Harbor
Workers' Compensation Act (33 U.S.C. 941), Secretary of Labor's
Order No. 8-76 (41 FR 25059), No. 9-83 (48 FR 35736), No. 1-90 (55
FR 9033), and 29 CFR part 1911.
2. Section 1915.32 is amended by revising paragraph (a)(3) to read
as follows:
Sec. 1915.32 Toxic cleaning solvents.
(a) * * *
(3) Employees shall be protected against toxic vapors by suitable
respiratory protective equipment in accordance with the requirements of
subpart I of this Part and, where necessary, against exposure of skin
and eye contact with toxic solvents and their vapors by suitable
clothing and equipment.
* * * * *
3. Section 1915.33 is amended by revising paragraph (a) to read as
follows:
Sec. 1915.33 Chemical paint and preservative removers.
(a) Employees shall be protected against skin contact during the
handling and application of chemical paint and preservative removers
and shall be protected against eye injury by goggles or face shields in
accordance with the requirements of subpart I of this part.
* * * * *
4. Section 1915.34 is amended by revising paragraphs (a)(1),
(a)(4), (b)(1), (c)(3)(i), (c)(3)(ii), and (c)(3)(iii) to read as
follows:
Sec. 1915.34 Mechanical paint removers.
(a) * * *
(1) Employees engaged in the removal of paints, preservatives,
rusts, or other coatings by means of power tools shall be protected
against eye injury by using goggles or face shields in accordance with
the requirements of subpart I of this part.
* * * * *
(4) In a confined space, mechanical exhaust ventilation sufficient
to keep the dust concentration to a minimum shall be used, or employees
shall be protected by respiratory protective equipment in accordance
with the requirements of subpart I of this part.
(b) * * *
(1) Hardened preservative coatings shall not be removed by
FR Doc. 96-12573 Personal Protective Equipment for Shipyard Employment (PPE)
flame in
enclosed spaces unless the employees exposed to fumes are protected by
air line respirators in accordance with the requirements of subpart I.
Employees performing such an operation in the open air, and those
exposed to the resulting fumes shall be protected by a fume filter type
respirator in accordance with the requirements of subpart I of this
part.
* * * * *
(c) * * *
(3) * * *
(i) Abrasive blasters working in enclosed spaces shall be protected
by hoods and air line respirators, or by air helmets of a positive
pressure type in accordance with the requirements of subpart I of this
part.
(ii) Abrasive blasters working in the open shall be protected as
indicated in paragraph (c)(3)(i) of this section except that when
synthetic abrasive containing less than one percent free silica are
used, filter type respirators approved jointly by the National
Institute for Occupational Safety and Health and the Mine Safety and
Health Administration for exposure to lead dusts, used in conjunction
with the proper eye, face and head protection, may be used in
accordance with subpart I of this part.
(iii) Employees, other than blasters, including machine tenders and
abrasive recovery men, working in areas where unsafe concentrations of
abrasive materials and dusts are present shall be protected by eye and
respiratory protective equipment in accordance with the requirements of
subpart I of this part.
* * * * *
5. Section 1915.35 is amended by revising paragraphs (a)(1)(i),
(a)(1)(ii), (a)(1)(iii), (a)(2), (b)(13), and (b)(14) to read as
follows:
Sec. 1915.35 Painting.
(a) * * *
(1) * * *
(i) In confined spaces, employees continuously exposed to such
spraying shall be protected by air line respirators in accordance with
the requirements of subpart I of this part.
(ii) In tanks or compartments, employees continuously exposed to
such spraying shall be protected by air line respirators in accordance
with the requirements of subpart I. Where mechanical ventilation is
provided, employees shall be protected by respirators in accordance
with the requirements of subpart I of this part.
(iii) In large and well ventilated areas, employees exposed to such
spraying shall be protected by respirators in accordance with the
requirements of subpart I of this part.
(2) Where brush application of paints with toxic solvents is done
in confined spaces or in other areas where lack of ventilation creates
a hazard, employees shall be protected by filter respirators in
accordance with the requirements of subpart I of this part.
* * * * *
(b) * * *
(13) All employees continuously in a compartment in which such
painting is being performed shall be protected by air line respirators
in accordance with the requirements of Subpart I of this part and by
suitable protective clothing. Employees entering such compartments for
a limited time shall be protected by filter cartridge type respirators
in accordance with the requirements of subpart I of this part.
(14) All employees doing exterior paint spraying with such paints
shall be protected by suitable filter cartridge type respirators in
accordance with the requirements of subpart I of this part and by
suitable protective clothing.
6. Section 1915 would be amended by removing Table I-1 from
Sec. 1915.118.
7. Section 1915.134 is amended by revising paragraph (j) to read as
follows:
Sec. 1915.134 Abrasive wheels.
* * * * *
(j) All employees using abrasive wheels shall be protected by eye
protection equipment in accordance with the requirements of Subpart I
of this part except when adequate eye protection is afforded by eye
shields which are permanently attached to the bench or floor stand.
8. Section 1915.135 is amended by revising paragraph (b)(9) to read
as follows:
Sec. 1915.135 Powder actuated fastening tools.
* * * * *
(b) * * *
(9) Employees using powder actuated fastening tools shall be
protected by personal protective equipment in accordance with the
requirements of subpart I of this part.
* * * * *
9. Subpart I of Part 1915 is revised to read as follows:
Subpart I--Personal Protective Equipment (PPE)
Sec.
1915.151 Scope, application and definitions.
1915.152 General requirements.
1915.153 Eye and face protection.
1915.154 Respiratory protection.
1915.155 Head protection.
1915.156 Foot protection.
1915.157 Hand and body protection.
1915.158 Lifesaving equipment.
[[Page 26352]]
1915.159 Personal fall arrest systems (PFAS).
1915.160 Positioning device systems.
Appendix A to subpart I--Non-mandatory Guidelines for Hazard
Assessment, Personal Protective Equipment (PPE) Selection, and PPE
Training program.
Appendix B to subpart I-- General Testing Conditions and Additional
Guidelines for Personal Fall Protection Systems.
Subpart I--Personal Protective Equipment (PPE)
Sec. 1915.151 Scope, application and definitions.
(a) Scope and application. This subpart applies to all work in
shipyard employment regardless of geographic location.
(b) Definitions applicable to this subpart.
Anchorage means a secure point of attachment for lifelines,
lanyards, or deceleration devices.
Body belt means a strap with means for both securing it about the
waist and attaching it to a lanyard, lifeline, or deceleration device.
Body harness means straps which may be secured about the employee
in a manner that will distribute the fall arrest forces over at least
the thighs, shoulders, chest and pelvis with means for attaching it to
other components of a personal fall arrest system.
Connector means a device which is used to couple (connect) parts of
a personal fall arrest system or parts of a positioning device system
together. It may be an independent component of the system, such as a
carabiner, or it may be an integral component of part of the system
(such as a buckle or D-ring sewn into a body belt or body harness or a
snaphook spliced or sewn to a lanyard or self-retracting lanyard).
Deceleration device means any mechanism, such as a rope grab,
ripstitch lanyard, specially woven lanyard, tearing or deforming
lanyard, or automatic self-retracting lifeline/lanyard, which serves to
dissipate a substantial amount of energy during a fall arrest, or
otherwise limit the energy imposed on an employee during fall arrest.
Deceleration distance means the additional vertical distance a
falling employee travels, excluding lifeline elongation and free fall
distance, before stopping, from the point at which the deceleration
device begins to operate. It is measured as the distance between the
location of an employee's body belt or body harness attachment point at
the moment of activation (at the onset of fall arrest forces) of the
deceleration device during a fall, and the location of that attachment
point after the employee comes to a full stop.
Equivalent means alternative designs, materials, or methods to
protect against a hazard which the employer can demonstrate will
provide an equal or greater degree of safety for employees than the
method or item specified in the standard.
Free fall means the act of falling before a personal fall arrest
system begins to apply force to arrest the fall.
Free fall distance means the vertical displacement of the fall
arrest attachment point on the employee's body belt or body harness
between onset of the fall and just before the system begins to apply
force to arrest the fall. This distance excludes deceleration distance,
and lifeline/lanyard elongation, but includes any deceleration device
slide distance or self-retracting lifeline/lanyard extension before the
device operates and fall arrest forces occur.
Lanyard means a flexible line of rope, wire rope, or strap which
generally has a connector at each end for connecting the body belt or
body harness to a deceleration device, lifeline, or anchorage.
Lifeline means a component consisting of a flexible line for
connection to an anchorage at one end to hang vertically (vertical
lifeline), or for connection to anchorages at both ends to stretch
horizontally (horizontal lifeline), and which serves as a means for
connecting other components of a personal fall arrest system to the
anchorage.
Lower levels means those areas or surfaces to which an employee can
fall. Such areas or surfaces include but are not limited to ground
levels, floors, ramps, tanks, materials, water, excavations, pits,
vessels, structures, or portions thereof.
Personal fall arrest system means a system used to arrest an
employee in a fall from a working level. It consists of an anchorage,
connectors, body belt or body harness and may include a lanyard, a
deceleration device, a lifeline, or a suitable combination of these. As
of January 1, 1998, the use of a body belt for fall arrest is
prohibited.
Positioning device system means a body belt or body harness system
rigged to allow an employee to be supported at an elevated vertical
surface, such as a wall or window, and to be able to work with both
hands free while leaning.
Qualified person means a person who by possession of a recognized
degree or certificate of professional standing, or who, by extensive
knowledge, training, and experience, has successfully demonstrated the
ability to solve or resolve problems related to the subject matter and
work.
Restraint (tether) line means a line from an anchorage, or between
anchorages, to which the employee is secured in such a way as to
prevent the employee from walking or falling off an elevated work
surface. Note: A restraint line is not necessarily designed to
withstand forces resulting from a fall.
Rope grab means a deceleration device which travels on a lifeline
and automatically, by friction, engages the lifeline and locks so as to
arrest the fall of an employee. A rope grab usually employs the
principle of inertial locking, cam/level locking or both.
Sec. 1915.152 General requirements.
(a) Provision and use of equipment. The employer shall provide and
shall ensure that each affected employee uses the appropriate personal
protective equipment (PPE) for the eyes, face, head, extremities,
torso, and respiratory system, including protective clothing,
protective shields, protective barriers, personal fall protection
equipment, and life saving equipment, meeting the applicable provisions
of this subpart, wherever employees are exposed to work activity
hazards that require the use of PPE.
(b) Hazard assessment and equipment selection. The employer shall
assess its work activity to determine whether there are hazards
present, or likely to be present, which necessitate the employee's use
of PPE.
Note 1 to paragraph (b): A hazard assessment conducted according
to the trade or occupation of affected employees will be considered
to comply with paragraph (b) of this section, if the assessment
addresses any PPE-related hazards to which employees are exposed in
the course of their work activities. If such hazards are present, or
likely to be present, the employer shall:
(1) Select the type of PPE that will protect the affected
employee from the hazards identified in the occupational hazard
assessment;
(2) Communicate selection decisions to affected employees;
(3) Select PPE that properly fits each affected employee; and
(4) Verify that the required occupational hazard assessment has
been performed through a document that contains the following
information: occupation, the date(s) of the hazard assessment, and
the name of the person performing the hazard assessment.
Note 2 to paragraph (b): Non-mandatory Appendix A to this
subpart contains examples of procedures that will comply with the
requirement for an occupational hazard assessment.
(c) Defective and damaged equipment. Defective or damaged PPE shall
not be used.
[[Page 26353]]
(d) Reissued equipment. The employer shall ensure that all
unsanitary PPE, including that which has been used by employees, be
cleaned and disinfected before it is reissued.
(e) Training. (1) The employer shall provide training to each
employee who is required, by this section, to use PPE (exception:
training in the use of personal fall arrest systems and positioning
device systems training is covered in Sections 1915.159 and 1915.160).
Each employee shall be trained to understand at least the following:
(i) When PPE is necessary;
(ii) What PPE is necessary;
(iii) How to properly don, doff, adjust, and wear PPE;
(iv) The limitations of the PPE; and,
(v) The proper care, maintenance, useful life and disposal of the
PPE.
(2) The employer shall ensure that each effected employee
demonstrates the ability to use PPE properly before being allowed to
perform work requiring the use of PPE.
(3) The employer shall retrain any employee who does not understand
or display the skills required by paragraph (e)(2) of this section.
Circumstances where retraining is required include, but are not limited
to, situations where:
(i) Changes in occupation or work render previous training
obsolete; or
(ii) Changes in the types of PPE to be used render previous
training obsolete; or
(iii) Inadequacies in an affected employee's knowledge or use of
assigned PPE indicate that the employee has not retained the requisite
understanding or skill.
(4) The employer shall verify that each affected employee has
received the required training through a document that contains the
following information: name of each employee trained, the date(s) of
training, and type of training the employee received.
Sec. 1915.153 Eye and face protection.
(a) General requirements. (1) The employer shall ensure that each
affected employee uses appropriate eye or face protection where there
are exposures to eye or face hazards caused by flying particles, molten
metal, liquid chemicals, acid or caustic liquids, chemical gases or
vapors, or potentially injurious light radiation.
(2) The employer shall ensure that each affected employee uses eye
or face protection that provides side protection when there is a hazard
from flying objects. Detachable side protectors (e.g., a clip-on or
slide-on side shield) meeting the pertinent requirements of this
section are acceptable.
(3) The employer shall ensure that each affected employee who wears
prescription lenses while engaged in operations that involve eye
hazards wears eye protection that incorporates the prescription in its
design, unless the employee is protected by eye protection that can be
worn over prescription lenses without disturbing the proper position of
either the PPE or the prescription lenses.
(4) The employer shall ensure that each affected employee uses
equipment with filter lenses that have a shade number that provides
appropriate protection from injurious light radiation. Table I-1 is a
listing of appropriate shade numbers for various operations. If filter
lenses are used in goggles worn under a helmet which has a lens, the
shade number of the lens in the helmet may be reduced so that the shade
numbers of the two lenses will equal the value as shown in Table I-1,
Sec. 1915.153.
Table I-1.--Filter Lenses for Protection Against Radiant Energy
----------------------------------------------------------------------------------------------------------------
Minimum
Operations Electrode size \1/32\ in. Arc current protective
shade
----------------------------------------------------------------------------------------------------------------
Shielded metal arc welding............... Less than 3................ Less than.................. 7
3-5........................ 60......................... 8
5-8........................ 60-160..................... 10
More than 8................ 160-250.................... 11
........................... 250-550.................... ...........
Gas metal arc welding and flux cored arc ........................... Less than.................. 7
welding.
........................... 60......................... 10
........................... 60-160..................... 10
........................... 160-250.................... 10
........................... 250-500.................... ...........
Gas Tungsten arc welding................. ........................... Less than.................. 8
........................... 50......................... 8
........................... 50-150..................... 10
........................... 150-500.................... ...........
Air carbon............................... (Light).................... Less than.................. 10
Arc cutting.............................. (Heavy).................... 500........................ 11
500-1000................... ...........
Plasma arc welding....................... ........................... Less than.................. 6
........................... 20......................... 8
........................... 20-........................ 10
........................... 100........................ 11
........................... 100-....................... ...........
........................... 400........................ ...........
........................... 400-....................... ...........
........................... 800........................ ...........
Plasma arc cutting....................... (light)**.................. Less than 300.............. 8
(medium)**................. 300-400.................... 9
(heavy)**.................. 400-800.................... 10
Torch brazing............................ ........................... ........................... 3
Torch soldering.......................... ........................... ........................... 2
Carbon Arc welding....................... ........................... ........................... 14
----------------------------------------------------------------------------------------------------------------
** These values apply where the actual arc is clearly seen. Lighter filters may be used when the arc is hidden
by the workpiece.
[[Page 26354]]
Filter Lenses for Protection Against Radiant Energy
----------------------------------------------------------------------------------------------------------------
Minimum*
Operations Plate thickness-- inches Plate thickness-- mm protective
shade
----------------------------------------------------------------------------------------------------------------
Gas welding:
Light................................ Under \1/8\................ Under 3.2.................. 4
Medium............................... \1/8\ to \1/2\............. 3.2 to 12.7................ 5
Heavy................................ Over \1/2\................. Over 12.7.................. 6
Oxygen cutting
Light................................ Under 1.................... Under 25................... 3
Medium............................... 1 to 6..................... 25 to 150.................. 4
Heavy................................ Over 6..................... Over 150................... 5
----------------------------------------------------------------------------------------------------------------
* As a rule of thumb, start with a shade that is too dark to see the weld zone. Then go to a lighter shade which
gives sufficient view of the weld zone without going below the minimum. In oxyfuel gas welding or cutting
where the torch produces a high yellow light, it is desirable to use a filter lens that absorbs the yellow or
sodium line in the visible light of the (spectrum) operation.
(b) Criteria for Protective Eye and Face Devices
(1) Protective eye and face devices purchased after (insert
effective date of final rule) shall comply with the American National
Standards Institute, ANSI Z87.1-1989, ``Practice for Occupational and
Educational Eye and Face Protection,'' which is incorporated by
reference as specified in Sec. 1915.5, or shall be demonstrated by the
employer to be equally effective.
(2) Eye and face protective devices purchased before (insert
effective date of final rule) shall comply with ``American National
Standard Practice for Occupational and Educational Eye and Face
Protection, Z87.1 -1979,'' which is incorporated by reference as
specified in Sec. 1915.5, or shall be demonstrated by the employer to
be equally effective.
Sec. 1915.154 Respiratory protection.
Respiratory protection for shipyard employment is covered by 29 CFR
1910.134.
Sec. 1915.155 Head protection.
(a) Use. (1) The employer shall ensure that each affected employee
wears a protective helmet when working in areas where there is a
potential for injury to the head from falling objects.
(2) The employer shall ensure that each affected employee wears a
protective helmet designed to reduce electrical shock hazards where
there is potential for electric shock or burns due to contact with
exposed electrical conductors which could contact the head.
(b) Criteria for protective helmets. (1) Protective helmets
purchased after August 22, 1996 shall comply with ANSI Z89.l-1986,
``Personnel Protection--Protective Headwear for Industrial Workers-
Requirements,'' which is incorporated by reference, as specified in
Sec. 1915.5, or shall be demonstrated by the employer to be equally
effective.
(2) Protective helmets purchased before August 22, 1996 shall
comply with the ``American National Standard Safety Requirements for
Industrial Head Protection, Z89.1-1969,'' which is incorporated by
reference as specified in 1915.5, or shall be demonstrated by the
employer to be equally effective.
Sec. 1915.156 Foot protection.
(a) Use. The employer shall ensure that each affected employee
wears protective footwear when working in areas where there is a danger
of foot injuries due to falling or rolling objects or objects piercing
the sole.
(b) Criteria for protective footwear. (1) Protective footwear
purchased after August 22, 1996 shall comply with ANSI Z41-1991,
``American National Standard for Personal Protection-Protective
Footwear,'' which is incorporated by reference, as specified in
Sec. 1915.5, or shall be demonstrated by the employer to be equally as
effective.
(2) Protective footwear purchased before August 22, 1996 shall
comply with the ``American National Standard for Personal Protection-
Protective Footwear Z41-1983,'' which is incorporated by reference, as
specified in Sec. 1915.5, or shall be demonstrated by the employer to
be equally effective.
Sec. 1915.157 Hand and body protection.
(a) Use. The employer shall ensure that each affected employee uses
appropriate hand protection and other protective clothing where there
is exposure to hazards such as skin absorption of harmful substances,
severe cuts or lacerations, severe abrasions, punctures, chemical
burns, thermal burns, harmful temperature extremes, and sharp objects.
(b) Hot work operations. The employer shall ensure that no employee
wears clothing impregnated or covered in full or in part with flammable
or combustible materials (such as grease or oil) while engaged in hot
work operations or working near an ignition source.
(c) Electrical Protective Devices. The employer shall ensure that
each affected employee wears protective electrical insulating gloves
and sleeves or other electrical protective equipment, if that employee
is exposed to electrical shock hazards while working on electrical
equipment.
Sec. 1915.158 Lifesaving equipment.
(a) Personal flotation devices. (1) Personal flotation devices
(PFD) (life preservers, life jackets and work vests) worn by each
affected employee shall be any United States Coast Guard (USCG)
approved and marked Type I PFD, Type II PFD, or Type III PFD; or PFDs
shall be a USCG approved Type V PFD which is marked for use as a work
vest, for commercial use, or for use on vessels. USCG approval is
pursuant to 46 CFR part 160, subpart Q, Coast Guard Lifesaving
Equipment Specifications.
(2) Prior to each use, personal floatation devices shall be
inspected for dry rot, chemical damage, or other defects which may
affect their strength and buoyancy. Defective personal floatation
devices shall not be used.
(b) Ring life buoys and ladders. (1) When work is being performed
on a floating vessel 200 feet (61 m) or more in length, at least three
30-inch (0.76 m) U.S. Coast Guard approved ring life buoys with lines
attached shall be located in readily visible and accessible places.
Ring life buoys shall be located one forward, one aft, and one at the
access to the gangway.
(2) On floating vessels under 200 feet (61 m) in length, at least
one 30-inch (0.76 m) U.S. Coast Guard approved ring life buoy with line
attached shall be located at the gangway.
(3) At least one 30-inch (0.76 m) U. S. Coast Guard approved ring
life buoy with a line attached shall be located on each staging
alongside of a floating
[[Page 26355]]
vessel on which work is being performed.
(4) At least 90 feet (27 m) of line shall be attached to each ring
life buoy.
(5) There shall be at least one portable or permanent ladder in the
vicinity of each floating vessel on which work is being performed. The
ladder shall be of sufficient length to assist employees to reach
safety in the event they fall into the water.
Sec. 1915.159 Personal fall arrest systems (PFAS).
The criteria of this section apply to PFAS and their use. Effective
January 1, 1998, body belts and non-locking snaphooks are not
acceptable as part of a personal fall arrest system.
(a) Criteria for connectors and anchorages. (1) Connectors shall be
made of drop forged, pressed, or formed steel or shall be made of
materials with equivalent strength.
(2) Connectors shall have a corrosion-resistant finish, and all
surfaces and edges shall be smooth to prevent damage to the interfacing
parts of the system.
(3) D-rings and snaphooks shall be capable of sustaining a minimum
tensile load of 5,000 pounds (22.2 Kn).
(4) D-rings and snaphooks shall be proof-tested to a minimum
tensile load of 3,600 pounds (16 Kn) without cracking, breaking, or
being permanently deformed.
(5) Snaphooks shall be sized to be compatible with the member to
which they are connected to prevent unintentional disengagement of the
snaphook caused by depression of the snaphook keeper by the connected
member, or shall be of a locking type that is designed and used to
prevent disengagement of the snap-hook by contact of the snaphook
keeper by the connected member.
(6) Snaphooks, unless of a locking type designed and used to
prevent disengagement from the following connections, shall not be
engaged:
(i) directly to webbing, rope or wire rope;
(ii) to each other;
(iii) to a D-ring to which another snaphook or other connector is
attached;
(iv) to a horizontal lifeline; or
(v) to any object that is incompatibly shaped or dimensioned in
relation to the snaphook such that unintentional disengagement could
occur by the connected object being able to depress the snaphook keeper
and release itself.
(7) On suspended scaffolds or similar work platforms with
horizontal lifelines that may become vertical lifelines, the devices
used for connection to the horizontal lifeline shall be capable of
locking in any direction on the lifeline.
(8) Anchorages used for attachment of personal fall arrest
equipment shall be independent of any anchorage being used to support
or suspend platforms.
(9) Anchorages shall be capable of supporting at least 5,000 pounds
(22.2 Kn) per employee attached, or shall be designed, installed, and
used as follows:
(i) as part of a complete personal fall arrest system which
maintains a safety factor of at least two; and
(ii) under the direction and supervision of a qualified person.
(b) Criteria for lifelines, lanyards, and personal fall arrest
systems.
(1) When vertical lifelines are used, each employee shall be
provided with a separate lifeline.
(2) Vertical lifelines and lanyards shall have a minimum tensile
strength of 5,000 pounds (22.2 Kn).
(3) Self-retracting lifelines and lanyards that automatically limit
free fall distances to 2 feet (0.61 m) or less shall be capable of
sustaining a minimum tensile load of 3000 pounds (13.3 Kn) applied to a
self-retracting lifeline or lanyard with the lifeline or lanyard in the
fully extended position.
(4) Self-retracting lifelines and lanyards which do not limit free
fall distance to 2 feet (0.61 m) or less, ripstitch lanyards and
tearing and deforming lanyards shall be capable of sustaining a minimum
static tensile load of 5,000 pounds (22.2 Kn) applied to the device
when they are in the fully extended position.
(5) Horizontal lifelines shall be designed, installed, and used
under the supervision of a qualified person, and shall only be used as
part of a complete personal fall arrest system that maintains a safety
factor of at least two.
(6) Effective November 20, 1996, personal fall arrest systems
shall:
(i) limit the maximum arresting force on a falling employee to 900
pounds (4 Kn) when used with a body belt;
(ii) limit the maximum arresting force on a falling employee to
1,800 pounds (8 Kn) when used with a body harness;
(iii) bring a falling employee to a complete stop and limit the
maximum deceleration distance an employee travels to 3.5 feet (1.07 m),
and
(iv) have sufficient strength to withstand twice the potential
impact energy of an employee free falling a distance of 6 feet (1.8 m),
or the free fall distance permitted by the system, whichever is less;
Note to paragraph (b)(6) of this section: A personal fall arrest
system which meets the criteria and protocols contained in Appendix
B, is considered to comply with paragraph (b)(6). If the combined
tool and body weight is 310 pounds (140 kg) or more, systems that
meet the criteria and protocols contained in Appendix B will be
deemed to comply with the provisions of paragraphs (b)(6) only if
they are modified appropriately to provide protection for the extra
weight of the employee and tools.
(7) Personal fall arrest systems shall be rigged such that an
employee can neither free fall more than 6 feet (1.8 m) nor contact any
lower level.
(c) Criteria for selection, use and care of systems and system
components. (1) Lanyards shall be attached to employees using personal
fall arrest systems, as follows:
(i) The attachment point of a body harness shall be located in the
center of the wearer's back near the shoulder level, or above the
wearer's head. If the free fall distance is limited to less than 20
inches, the attachment point may be located in the chest position; and
(ii) The attachment point of a body belt shall be located in the
center of the wearer's back.
(2) Ropes and straps (webbing) used in lanyards, lifelines and
strength components of body belts and body harnesses shall be made from
synthetic fibers or wire rope.
(3) Ropes, belts, harnesses, and lanyards shall be compatible with
their hardware.
(4) Lifelines and lanyards shall be protected against cuts,
abrasions, burns from hot work operations and deterioration by acids,
solvents, and other chemicals.
(5) Personal fall arrest systems shall be inspected prior to each
use for mildew, wear, damage, and other deterioration. Defective
components shall be removed from service.
(6) Personal fall arrest systems and components subjected to impact
loading shall be immediately removed from service and shall not be used
again for employee protection until inspected and determined by a
qualified person to be undamaged and suitable for reuse.
(7) The employer shall provide for prompt rescue of employees in
the event of a fall or shall ensure that employees are able to rescue
themselves.
(8) Body belts shall be at least one and five eighths inches (4.1
cm) wide.
(9) Personal fall arrest systems and components shall be used only
for employee fall protection and not to hoist materials.
(d) Training. Before using personal fall arrest equipment, each
affected employee shall be trained to understand the application limits
of the equipment and proper hook-up, anchoring, and tie-off techniques.
Affected employees shall also be trained so that they can demonstrate
the proper use, inspection, and storage of their equipment.
[[Page 26356]]
Sec. 1915.160 Positioning device systems.
Positioning device systems and their use shall conform to the
following provisions:
(a) Criteria for connectors and anchorages. (1) Connectors shall
have a corrosion-resistant finish, and all surfaces and edges shall be
smooth to prevent damage to interfacing parts of this system.
(2) Connecting assemblies shall have a minimum tensile strength of
5,000 pounds (22.2 Kn).
(3) Positioning device systems shall be secured to an anchorage
capable of supporting at least twice the potential impact load of an
employee's fall.
(4) Snaphooks, unless each is of a locking type designed and used
to prevent disengagement, shall not be connected to each other. As of
January 1, 1998, only locking type snaphooks shall be used in
positioning device systems.
(b) Criteria for positioning device systems. (1) Restraint (tether)
lines shall have a minimum breaking strength of 3,000 pounds (13.3 Kn).
(2) The following system performance criteria for positioning
device systems are effective November 20, 1996:
(i) A window cleaner's positioning system shall be capable of
withstanding without failure a drop test consisting of a 6 foot (1.83
m) drop of a 250 pound (113 kg) weight. The system shall limit the
initial arresting force to not more than 2,000 pounds (8.89 Kn), with a
duration not to exceed 2 milliseconds. The system shall limit any
subsequent arresting forces imposed on the falling employee to not more
than 1,000 pounds (4.45 Kn);
(ii) All other positioning device systems shall be capable of
withstanding without failure a drop test consisting of a 4- foot (1.2
m) drop of a 250-pound (113 kg) weight.
Note to paragraph (b)(2) of this section: Positioning device
systems which comply with the provisions of Section 2 of Non-
mandatory Appendix B to this subpart shall be deemed to meet the
requirements of this paragraph (b)(2).
(c) Criteria for the use and care of positioning device systems.
(1) Positioning device systems shall be inspected before each use for
mildew, wear, damage, and other deterioration. Defective components
shall be removed from service.
(2) A positioning device system or component subjected to impact
loading shall be immediately removed from service and shall not be used
again for employee protection, unless inspected and determined by a
qualified person to be undamaged and suitable for reuse.
(d) Training. Before using a positioning device system, employees
shall be trained in the application limits, proper hook-up, anchoring
and tie-off techniques, methods of use, inspection, and storage of
positioning device systems.
Appendix A to Subpart I--Non-mandatory Guidelines for Hazard
Assessment, Personal Protective Equipment (PPE) Selection, and PPE
Training Program
This Appendix is intended to provide compliance assistance for
hazard assessment, selection of personal protective equipment (PPE)
and PPE training. It neither adds to or detracts from the employer's
responsibility to comply with the provisions of this subpart.
1. Controlling hazards. Employers and employees should not rely
exclusively on PPE for protection from hazards. PPE should be used,
where appropriate, in conjunction with engineering controls, guards,
and safe work practices and procedures.
2. Assessment and selection. Employers need to consider certain
general guidelines for assessing the hazardous situations that are
likely to arise under foreseeable work activity conditions and to
match employee PPE to the identified hazards. The employer should
designate a safety officer or some other qualified person to
exercise common sense and appropriate expertise to assess work
activity hazards and select PPE.
3. Assessment guidelines. In order to assess the need for PPE
the following steps should be taken:
a. Survey. Conduct a walk-through survey of the area in question
to identify sources of hazards.
Categories for Consideration:
(1) Impact
(2) Penetration
(3) Compression (roll-over)
(4) Chemical
(5) Heat
(6) Harmful dust
(7) Light (optical) radiation
(8) Drowning
(9) Falling
b. Sources. During the walk-through survey the safety officer
should observe:
(1) Sources of motion; for example, machinery or processes where
any movement of tools, machine elements or particles could exist, or
movement of personnel that could result in collision with stationary
objects.
(2) Sources of high temperatures that could result in burns, eye
injury or ignition of protective equipment.
(3) Types of chemical exposures.
(4) Sources of harmful dust.
(5) Sources of light radiation, for instance, welding, brazing,
cutting, heat treating, furnaces, and high intensity lights.
(6) Sources of falling objects or potential for dropping
objects.
(7) Sources of sharp objects which might pierce or cut the
hands.
(8) Sources of rolling or pinching objects which could crush the
feet.
(9) Layout of work place and location of co-workers.
(10) Any electrical hazards.
(11) Review injury/accident data to help identify problem areas.
Organize data. Following the walk-through survey, it is
necessary to organize the data and other information obtained. That
material provides the basis for hazard assessment that enables the
employer to select the appropriate PPE.
d. Analyze data. Having gathered and organized data regarding a
particular occupation, employers need to estimate the potential for
injuries. Each of the identified hazards (see paragraph 3.a.) should
be reviewed and classified as to its type, the level of risk, and
the seriousness of any potential injury. Where it is foreseeable
that an employee could be exposed to several hazards simultaneously,
the consequences of such exposure should be considered.
4. Selection guidelines. After completion of the procedures in
paragraph 3, the general procedure for selection of protective
equipment is to:
(a) become familiar with the potential hazards and the types of
protective equipment that are available, and what they can do; for
example, splash protection, and impact protection;
(b) compare the hazards associated with the environment; for
instance, impact velocities, masses, projectile shapes, radiation
intensities, with the capabilities of the available protective
equipment;
(c) select the protective equipment which ensures a level of
protection greater than the minimum required to protect employees
from the hazards; and
(d) fit the user with the protective device and give
instructions on care and use of the PPE. It is very important that
users be made aware of all warning labels and limitations of their
PPE.
5. Fitting the device. Careful consideration must be given to
comfort and fit. The employee will be most likely to wear the
protective device if it fits comfortably. PPE that does not fit
properly may not provide the necessary protection, and may create
other problems for wearers. Generally, protective devices are
available in a variety of sizes and choices. Therefore employers
should be careful to select the appropriate sized PPE.
6. Devices with adjustable features. (a) Adjustments should be
made on an individual basis so the wearer will have a comfortable
fit that maintains the protective device in the proper position.
Particular care should be taken in fitting devices for eye
protection against dust and chemical splash to ensure that the seal
is appropriate for the face.
(b) In addition, proper fitting of hard hats is important to
ensure that the hard hat will not fall off during work operations.
In some cases a chin strap may be necessary to keep the hard hat on
an employee's head. (Chin straps should break at a reasonably low
force to prevent a strangulation hazard). Where manufacturer's
instructions are available, they should be followed carefully.
7. Reassessment of hazards. Compliance with the hazard
assessment requirements of Sec. 1915.152(b) will involve the
reassessment of work activities where changing circumstances make it
necessary. a. The
[[Page 26357]]
employer should have a safety officer or other qualified person
reassess the hazards of the work activity area as necessary. This
reassessment should take into account changes in the workplace or
work practices, such as those associated with the installation of
new equipment, and the lessons learned from reviewing accident
records, and a reevaluation performed to determine the suitability
of PPE selected for use.
8. Selection chart guidelines for eye and face protection.
Examples of occupations for which eye protection should be routinely
considered are carpenters, engineers, coppersmiths, instrument
technicians, insulators, electricians, machinists, mobile equipment
mechanics and repairers, plumbers and ship fitters, sheet metal
workers and tinsmiths, grinding equipment operators, machine
operators, welders, boiler workers, painters, laborers, grit
blasters, ship fitters and burners. This is not a complete list of
occupations that require the use of eye protection. The following
chart provides general guidance for the proper selection of eye and
face protection to protect against hazards associated with the
listed hazard ``source'' operations.
Eye and Face Protection Selection Chart
----------------------------------------------------------------------------------------------------------------
Source Assessment of hazard Protection
----------------------------------------------------------------------------------------------------------------
Impact:
Chipping, grinding machining, Flying fragments, objects, Spectacles with side protection,
masonry work, woodworking, sawing, large chips, particles, goggles, face shields. See notes (1),
drilling, chiseling, powered sand, dirt, etc. (3), (5), (6), (10). For severe
fastening, riveting, and sanding. exposure, use face shield.
Heat:
Furnace operations, pouring, Hot sparks................... Face shields, goggles, spectacles with
casting, hot dipping, and welding. side protection. For severe exposure
use face shield. See notes (1), (2),
(3).
Splash from molten metals.... Face shields worn over goggles. See
notes (1), (2), (3).
High temperature exposure.... Screen face shields, reflective face
shields. See notes (1), (2), (3).
Chemicals:
Acid and chemicals handling, Splash....................... Goggles, eyecup and cover types. For
degreasing, plating. severe exposure, use face shield. See
notes (3), (11).
Irritating mists............. Special-purpose goggles.
Dust:
Woodworking, buffing, general dusty Nuisance dust................ Goggles, eyecup and cover types. See
conditions. note (8).
Light and/or Radiation:
Welding: Electric arc............... Optical radiation............ Welding helmets or welding shields.
Typical shades: 10-14. See notes (9),
(12).
Welding: Gas........................ Optical radiation............ Welding goggles or welding face shield.
Typical shades: gas welding 4-8,
cutting 3-6, brazing 3-4. See note
(9).
Cutting, Torch brazing, Torch Optical radiation............ Spectacles or welding face-shield.
soldering. Typical shades, 1.5-3. See notes (3),
(9).
Glare............................... Poor vision.................. Spectacles with shaded or special-
purpose lenses, as suitable. See notes
(9), (10).
----------------------------------------------------------------------------------------------------------------
Notes to Eye and Face Protection Selection Chart
(a) Care should be taken to recognize the possibility of
multiple and simultaneous exposure to a variety of hazards. Adequate
protection against the highest level of each of the hazards should
be provided. Protective devices do not provide unlimited protection.
(b) Operations involving heat may also involve light radiation.
As required by the standard, protection from both hazards must be
provided.
(c) Face shields should only be worn over primary eye protection
(spectacles or goggles).
(d) As required by the standard, filter lenses must meet the
requirements for shade designations in Sec. 1915.153(a)(4). Tinted
and shaded lenses are not filter lenses unless they are marked or
identified as such.
(e) As required by the standard, persons whose vision requires
the use of prescription (Rx) lenses must wear either protective
devices fitted with prescription (Rx) lenses or protective devices
designed to be worn over regular prescription (Rx) eye wear.
(f) Wearers of contact lenses must also wear appropriate eye and
face protection devices in a hazardous environment. It should be
recognized that dusty and/or chemical environments may represent an
additional hazard to contact lens wearers.
(g) Caution should be exercised in the use of metal frame
protective devices in electrical hazard areas.
(h) Atmospheric conditions and the restricted ventilation of the
protector can cause lenses to fog. Frequent cleansing may be
necessary.
(i) Welding helmets or face shields should be used only over
primary eye protection (spectacles or goggles).
(j) Non-side shield spectacles are available for frontal
protection only, but are not acceptable eye protection for the
sources and operations listed for ``impact.''
(k) Ventilation should be adequate, but well protected from
splash entry. Eye and face protection should be designed and used so
that it provides both adequate ventilation and protects the wearer
from splash entry.
(l) Protection from light radiation is directly related to
filter lens density. See note (d). Select the darkest shade that
allows task performance.
9. Selection guidelines for head protection. (a) Hard hats are
designed to provide protection from impact and penetration hazards
caused by falling objects. Head protection is also available which
provides protection from electric shock and burn. When selecting
head protection, knowledge of potential electrical hazards is
important. Class A helmets, in addition to impact and penetration
resistance, provide electrical protection from low-voltage
conductors. (They are proof tested to 2,200 volts.) Class B helmets,
in addition to impact and penetration resistance, provide electrical
protection from high-voltage conductors. (They are proof tested to
20,000 volts.) Class C helmets provide impact and penetration
resistance. (They are usually made of aluminum, which conducts
electricity and should not be used around electrical hazards.)
(b) Where falling object hazards are present, head protection
must be worn. Some examples of exposure include: working below other
workers who are using tools and materials which could fall; working
around or under conveyor belts which are carrying parts or
materials; working below machinery or processes which might cause
material or objects to fall; and working on exposed energized
conductors.
(c) Examples of occupations for which head protection should be
considered are: carpenters, electricians, machinists, boilermakers,
erectors, plumbers, coppersmiths, ship fitters, welders, laborers
and material handlers.
[[Page 26358]]
10. Selection guidelines for foot protection. (a) Safety shoes
and boots must meet ANSI Z41-1991 and provide impact and compression
protection to the foot. Where necessary, safety shoes can be
obtained which provide puncture protection. In some work situations,
metatarsal protection should be provided, and in some other special
situations electrical conductive or insulating safety shoes would be
appropriate.
(b) Safety shoes or boots with impact protection would be
required for carrying or handling materials such as packages,
objects, parts or heavy tools, which could be dropped, and for other
activities where objects might fall onto the feet. Safety shoes or
boots with compression protection would be required for work
activities involving skid trucks (manual material handling carts)
around bulk rolls (such as paper rolls) and around heavy pipes, all
of which could potentially roll over an employees' feet. Safety
shoes or boots with puncture protection would be required where
sharp objects such as nails, wire, tacks, screws, large staples,
scrap metal etc., could be stepped on by employees, causing an
injury.
(c) Some occupations (not a complete list) for which foot
protection should be routinely considered are: shipping and
receiving clerks, stock clerks, carpenters, electricians,
machinists, boiler makers, plumbers, copper smiths, pipe fitters,
ship fitters, burners, chippers and grinders, erectors, press
operators, welders, laborers, and material handlers.
11. Selection guidelines for hand protection. (a) Gloves are
often relied upon to prevent cuts, abrasions, burns, and skin
contact with chemicals that are capable of causing local or systemic
effects following dermal exposure. OSHA is unaware of any gloves
that provide protection against all potential hand hazards, and
commonly available glove materials provide only limited protection
against many chemicals. Therefore, it is important to select the
most appropriate glove for a particular application and to determine
how long it can be worn, and whether it can be reused.
(b) It is also important to know the performance characteristics
of gloves relative to the specific hazard anticipated, e.g.,
chemical hazards, cut hazards, and flame hazards. These performance
characteristics should be assessed by using standard test
procedures. Before purchasing gloves, the employer should request
documentation from the manufacturer that the gloves meet the
appropriate test standard(s) for the hazard(s) anticipated.
(c) other general factors to be considered for glove selection
are:
(A) As long as the performance characteristics are acceptable,
in certain circumstances, it may be more cost effective to regularly
change cheaper gloves than to reuse more expensive types; and,
(B) The work activities of the employee should be studied to
determine the degree of dexterity required, the duration, frequency,
and degree of exposure to the hazard, and the physical stresses that
will be applied.
(d) With respect to selection of gloves for protection against
chemical hazards:
(A) The toxic properties of the chemical(s) must be determined;
in particular, the ability of the chemical to cause local effects on
the skin or to pass through the skin and cause systemic effects or
both;
(B) Generally, any ``chemical resistant'' glove can be used for
dry powders;
(C) For mixtures and formulated products (unless specific test
data are available), a glove should be selected on the basis of the
chemical component with the shortest breakthrough time, since it is
possible for solvents to carry active ingredients through polymeric
materials; and,
(D) Employees must be able to remove the gloves in such a manner
as to prevent skin contamination.
12. Cleaning and maintenance. (a) It is important that all PPE
be kept clean and be properly maintained. Cleaning is particularly
important for eye and face protection where dirty or fogged lenses
could impair vision.
(b) For the purposes of compliance, PPE should be inspected,
cleaned, and maintained at regular intervals so that the PPE
provides the requisite protection.
(c) It is important to ensure that contaminated PPE which cannot
be decontaminated is disposed of in a manner that protects employees
from exposure to hazards.
13. Examples of work activities, trades and selection of basic
PPE.
Example 1: Welder. Based on an assessment of the work activity
area hazards to which welders are exposed, the equipment listed
below is the basic PPE required for this occupation. This does not
take into account a job location in which additional PPE may be
required, such as where the welder works from an elevated platform
without guard rails. In this situation the welder must also wear the
proper fall protection equipment, such as a body harness.
--Hard hat
--Welding Shield (Face)
--Welding Gloves
--Safety Glasses
--Safety Shoes
--Welding Sleeves (welding in the overhead position)
(Signed and dated)
Example 2: Yard Maintenance Worker. Based on an assessment of
the workplace hazards to which shipyard maintenance workers are
exposed, the equipment listed below is the basic PPE required for
this occupation. Where maintenance workers are exposed to other
hazards, such as asbestos, the insulation on a pipe is being
repaired, maintenance workers must be provided with the appropriate
supplemental PPE (requirements for asbestos PPE are set out in
1915.1001).
--Hard Hat
--Safety Glasses
--Work Gloves
--Safety Shoes
(Signed and Dated)
Example 3: Chipper and Grinder Worker. Based on an assessment of
the workplace hazards to which shipyard chipper and grinder workers
are exposed, the equipment listed below is the basic PPE required
for this occupation. Where workers are exposed to other hazards,
such as hazardous dust from chipping or grinding operations, chipper
and grinder workers must be provided with the appropriate
supplemental PPE.
--Safety Glasses
--Transparent Face Shields
--Hearing Protection
--Foot Protection
--Gloves
(Signed and Dated)
Example 4: Painter. Based on an assessment of the workplace
hazards to which shipyard painters are exposed, the equipment listed
below is the basic PPE required for this occupation. Where painters
are exposed to other hazards, such as a fall from an elevation where
no guardrails are present, painters must be provided with the
appropriate supplemental PPE.
--Hard Hats
--Safety Glasses
--Disposable Clothing
--Gloves
--Respiratory Protection, including Airline Respirators when working
in Confined Spaces
--Barrier Creams
(Signed and Dated)
Example 5: Tank Cleaner. Tank cleaning operations and the basic
PPE required for them depend largely upon the type of cargo shipped
in the tank. Therefore, the following example is given for a tank in
which gasoline has been shipped. Based on an assessment of the
workplace hazards to which shipyard tank cleaners are exposed,
specifically benzene and flammability hazards, the equipment listed
below is the basic PPE required for this situation. Other tank
cleaning operations will require variations in the PPE listed below.
--Respiratory Protection, Airline Respirators for working in
confined spaces or where personal exposure limits could be exceeded.
--Chemically resistant clothing
--Face Shields
--Chemically resistant boots
--Chemically resistant gloves
--Fall Protection
--Non sparking tools and equipment
--Explosion-proof Lighting
(Signed and Dated)
Appendix B to Subpart I--General Testing Conditions and Additional
Guidelines for Personal Fall Protection Systems (Non-mandatory)
1. Personal fall arrest systems--(a) General test conditions.
(1) Lifelines, lanyards, and deceleration devices should be attached
to an anchorage and connected to the body-belt or body harness in
the same manner as they would be when used to protect employees,
except that lanyards should be tested only when connected directly
to the anchorage, and not when connected to a lifeline.
(2) The anchorage should be rigid, and should not have a
deflection greater than .04 inches (1 cm) when a force of 2,250
pounds (10 Kn) is applied.
(3) The frequency response of the load measuring instrumentation
should be 100 Hz.
(4) The test weight used in the strength and force tests should
be a rigid, metal cylindrical or torso-shaped object with a girth of
38
[[Page 26359]]
inches plus or minus 4 inches (96.5 cm plus or minus 10 cm).
(5) The lanyard or lifeline used to create the free fall
distance should be the one supplied with the system, or in its
absence, the least elastic lanyard or lifeline available to be used
by the employee with the system.
(6) The test weight for each test should be hoisted to the
required level and should be quickly released without having any
appreciable motion imparted to it.
(7) The system's performance should be evaluated, taking into
account the range of environmental conditions for which it is
designed to be used.
(8) Following the test, the system need not be capable of
further operation.
(b) Strength test. (1) During the testing of all systems, a test
weight of 300 pounds plus or minus 5 pounds (136 kg plus or minus
2.27 kg) should be used. (See paragraph (a)(4) above.)
(2) The test consists of dropping the test weight once. A new
unused system should be used for each test.
(3) For lanyard systems, the lanyard length should be 6 feet
plus or minus 2 inches (1.83 m plus or minus 5 cm) as measured from
the fixed anchorage to the attachment on the body belt or harness.
(4) For rope-grab-type deceleration systems, the length of the
lifeline above the center line of the grabbing mechanism to the
lifeline's anchorage point should not exceed 2 feet (0.61 m).
(5) For lanyard systems, for systems with deceleration devices
which do not automatically limit free fall distance to 2 feet (0.61
m) or less, and for systems with deceleration devices which have a
connection distance in excess of 1 foot (0.3 m) (measured between
the centerline of the lifeline and the attachment point to the body
belt or harness), the test weight should be rigged to free fall a
distance of 7.5 feet (2.3 m) from a point that is 1.5 feet (46 cm)
above the anchorage point, to its hanging location (6 feet (1.83 m)
below the anchorage). The test weight should fall without
interference, obstruction, or hitting the floor or the ground during
the test. In some cases, a non-elastic wire lanyard of sufficient
length may need to be added to the system (for test purposes) to
create the necessary free fall distance.
(6) For deceleration device systems with integral lifelines or
lanyards which automatically limit free fall distance to 2 feet
(0.61 m) or less, the test weight should be rigged to free fall a
distance of four feet (1.22 m).
(7) Any weight which detaches from the belt or harness should
constitute failure for the strength test.
(c) Force test general. The test consists of dropping the
respective test weight once. A new, unused system should be used for
each test.
(1) For lanyard systems. (i) A test weight of 220 pounds plus or
minus three pounds (100 kg plus or minus 1.6 kg) should be used (see
paragraph (a)(4) above).
(ii) Lanyard length should be 6 feet plus or minus 2 inches
(1.83 m plus or minus 5 cm) as measured from the fixed anchorage to
the attachment on the body belt or body harness.
(iii) The test weight should fall free from the anchorage level
to its handling location (a total of 6 feet (1.83 m) free fall
distance) without interference, obstruction, or hitting the floor or
ground during the test.
(2) For all other systems. (i) A test weight of 220 pounds plus
or minus 3 pounds (100 kg plus or minus 1.6 kg) should be used (see
paragraph (a)(4) above).
(ii) The free fall distance to be used in the test should be the
maximum fall distance physically permitted by the system during
normal use conditions, up to a maximum free fall distance for the
test weight of 6 feet (1.83 m), except as follows:
(A) For deceleration systems which have a connection link or
lanyard, the test weight should free fall a distance equal to the
connection distance (measured between the center line of the
lifeline and the attachment point to the body belt or harness).
(B) For deceleration device systems with integral life lines or
lanyards which automatically limit free fall distance to 2 feet
(0.61 m) or less, the test weight should free fall a distance equal
to that permitted by the system in normal use. (For example, to test
a system with a self-retracting lifeline or lanyard, the test weight
should be supported and the system allowed to retract the lifeline
or lanyard as it would in normal use. The test weight would then be
released and the force and deceleration distance measured.)
(3) Failure. A system fails the force test if the recorded
maximum arresting force exceeds 1,260 pounds (5.6 Kn) when using a
body belt, or exceeds 2,520 pounds (11.2 Kn) when using a body
harness.
(4) Distances. The maximum elongation and deceleration distance
should be recorded during the force test.
(d) Deceleration device tests--general. The device should be
evaluated or tested under the environmental conditions (such as
rain, ice, grease, dirt, type of lifeline, etc.) for which the
device is designed.
(1) Rope-grab-type deceleration devices. (i) Devices should be
moved on a lifeline 1,000 times over the same length of line a
distance of not less than 1 foot (30.5 cm), and the mechanism should
lock each time.
(ii) Unless the device is permanently marked to indicate the
type of lifelines which must be used, several types (different
diameters and different materials) of lifelines should be used to
test the device.
(2) Other-self-activating-type deceleration devices. The locking
mechanisms of other self-activating-type deceleration devices
designed for more than one arrest should lock each of 1,000 times as
they would in normal service.
2. Positioning device systems--(a) Test Conditions. (1) The
fixed anchorage should be rigid and should not have a deflection
greater than .04 inches (1 cm) when a force of 2,250 pounds (10 Kn)
is applied.
(2) For linemen's body belt and pole straps, the body belt
should be secured to a 250 pound (113 kg) bag of sand at a point
which simulates the waist of an employee. One end of the pole strap
should be attached to the rigid anchorage and the other end to the
body belt. The sand bag should be allowed to free fall a distance of
4 feet (1.2 m). Failure of the pole strap and body belt should be
indicated by any breakage or slippage sufficient to permit the bag
to fall free to the ground.
(3) For window cleaner's belts, the complete belt should
withstand a drop test consisting of a 250 pound (113 kg) weight
falling free for a distance of 6 feet (1.83 m). The weight should be
a rigid object with a girth of 38 inches plus or minus four inches
(97 cm plus or minus 10 cm). The weight should be placed in the
waistband with the belt buckle drawn firmly against the weight, as
when the belt is worn by a window cleaner. One belt terminal should
be attached to a rigid anchor and the other terminal should hang
free. The terminals should be adjusted to their maximum span. The
weight fastened in the freely suspended belt should then be lifted
exactly 6 feet (1.83 m) above its ``at rest'' position and released
so as to permit a free fall of 6 feet (1.83 m) vertically below the
point of attachment of the terminal anchor. The belt system should
be equipped with devices and instrumentation capable of measuring
the duration and magnitude of the arrest forces. Any breakage or
slippage which permits the weight to fall free of the system
constitutes failure of the test. In addition, the initial and
subsequent arresting force peaks should be measured and should not
exceed 2,000 pounds (8.9 Kn) for more than 2 milliseconds for the
initial impact, nor exceed 1,000 pounds (4.45 Kn) for the remainder
of the arrest time.
(4) All other positioning device systems (except for restraint
line systems) should withstand a drop test consisting of a 250 pound
(113 kg) weight falling free for a distance of 4 feet (1.2 m). The
weight should be a rigid object with a girth of 38 inches plus or
minus 4 inches (96 cm plus or minus 10 cm). The body belt or harness
should be affixed to the test weight as it would be to an employee.
The system should be connected to the rigid anchor in the manner
that the system would be connected in normal use. The weight should
be lifted exactly 4 feet (1.2 m) above its ``at rest'' position and
released so as to permit a vertical free fall of 4 feet (1.2 m ).
Any breakage or slippage which permits the weight to fall free to
the ground should constitute failure of the system.
10. Section Sec. 1915.5 is revised as follows:
Sec. 1915.5 Incorporation by reference.
(a) Specifications, standards, and codes of agencies of the U.S.
Government, to the extent specified in the text, form a part of the
regulations of this part. In addition, under the authority vested in
the Secretary under the Act, the specifications, standards, and codes
of organizations which are not agencies of the U.S. Government, in
effect on the date of the promulgation of the regulations of this part
as listed below, to the extent specified in the text, form a part of
the regulations of this part.
(b) The materials listed in paragraph (d) of this section are
incorporated by reference in the corresponding sections noted as they
exist on the date of the approval, and a notice of any change in
[[Page 26360]]
these materials will be published in the Federal Register. These
incorporations by reference were approved by the Director of the
Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51.
(c) Copies of the following standards that are issued by the
respective private standards organizations may be obtained from the
issuing organizations. The materials are available for purchase at the
corresponding addresses of the private standards organizations noted
below. In addition, all are available for inspection at the Office of
the Federal Register, 800 North Capitol Street, NW., suite 700,
Washington DC, and through the OSHA Docket Office, room N2625, U.S.
Department of Labor, 200 Constitution Ave., NW, Washington, DC 20210,
or any of its regional offices.
(d)(1) The following material is available for purchase from the
American National Standards Institute, 11 West 42nd Street, New York,
NY 10036.
(i) ANSI A14.1-1959 Safety Code for Portable Wood Ladders, IBR
approved for Sec. 1915.72(a)(6)
(ii) ANSI A14.2-1956 Safety Code for Portable Metal Ladders, IBR
approved for Sec. 1995.72(a)(4)
(iii) ANSI B7.1-1964 Safety Code for the Use, Care, and Protection
of Abrasive Wheels, IBR approval for Sec. 1915.134(c)
(iv) ANSI Z87.1-1989 Practice for Occupational and Educational Eye
and Face Protection, IBR approved for Sec. 1915.153(b)(1).
(v) ANSI 87.1-1979 Practice for Occupational and Educational Eye
and Face Protection, IBR approved for Sec. 1915.153(b)(2)
(vi) ANSI Z89.1-1986 Personnel Protection--Protective Headgear for
Industrial Workers Requirements, IBR approved for Sec. 1915.155(b)(1)
(vii) ANSI Z89.1-1969 Safety Requirement for Industrial Head
Protection, IBR approved for Sec. 1915.155(b)(2).
(viii) ANSI Z41-1991 Personal Protection--Protective Footwear, IBR
approved for Sec. 1915.156(b)(1)
(ix) ANSI Z41-1983 Personal Protection--Protective Footwear, IBR
approved for Sec. 1915.156(b)(2).
(2) The following material is available for purchase from the
American Society of Mechanical Engineers, 345 East 47th Street, New
York, New York 10017:
(i) ASME Boiler and Pressure Vessel Code, Section VIII, Rules for
Construction of Unfired Pressure Vessels, 1963, IBR approved for
Sec. 1915.172(a).
(3) The following material is available for purchase from the
American Conference of Governmental Industrial Hygienists (ACGIH), 1014
Broadway, Cincinnati, OH 45202:
(i) Threshold limit values, 1970, IBR approved for Secs. 1915.12(b)
and 1915.1000, table Z.
[FR Doc. 96-12573 Filed 5-23-96; 8:45 am]
BILLING CODE 4510-26-P
Complete official Federal Register PDF
FR Doc. 96-12548 Veterans and Dependents Education: Miscellaneous
[Federal Register Volume 61, Number 102 (Friday, May 24, 1996)]
[Rules and Regulations]
[Pages 26107-26117]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-12548]
-----------------------------------------------------------------------
DEPARTMENT OF VETERANS AFFAIRS
38 CFR Part 21
RIN 2900-AH60
Veterans and Dependents Education: Miscellaneous
AGENCY: Department of Veterans Affairs.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This document amends the educational assistance regulations.
It removes ``sunsetted'' provisions that had been authorized by the
Vietnam Era GI Bill. Under the Vietnam Era GI Bill, no benefits can be
authorized for training that occurred after December 31, 1989, and no
educational loans can be authorized for training that occurred after
December 31, 1991. Consequently, the provisions concerning such
educational assistance are removed because they are no longer of any
effect. This document also amends the educational assistance
regulations by placing virtually all of the provisions relating solely
to benefits under the Survivors' and Dependents' Educational Assistance
program in one subpart, 38 CFR Part 21, Subpart C. Further, this
document removes regulations in 38 CFR Part 21, Subpart E concerning
civil rights matters since they are duplicative of provisions in 38 CFR
Parts 18, 18a, and 18b. In addition, this document removes 38 CFR Part
21, Subpart F-2 concerning special benefits for certain
[[Page 26108]]
former military officers since the deadline for applying for such
benefits has expired and no further benefits can be paid. The
educational assistance regulations are further amended by removing a
number of other provisions that no longer apply or otherwise have no
substantive effect and by making changes for purposes of clarification.
EFFECTIVE DATE: May 24, 1996.
FOR FURTHER INFORMATION CONTACT: June C. Schaeffer, Assistant Director
for Policy and Program Administration, Education Service, Veterans
Benefits Administration, 202-273-7187.
SUPPLEMENTARY INFORMATION: This document affects 38 CFR part 21,
subparts B, C, D, E, F, F-2, and K. It removes provisions that are
obsolete, duplicative, or without substantive effect; moves provisions
from one subpart to another; and makes changes for clarification. This
document makes no substantive changes. Accordingly, there is a basis
for dispensing with prior notice and comment and delayed effective date
provisions of 5 U.S.C. 552 and 553.
The Secretary of Veterans Affairs hereby certifies that this final
rule will not have a significant economic impact on a substantial
number of small entities as they are defined in the Regulatory
Flexibility Act, 5 U.S.C 601-612. This final rule makes no substantive
changes. Pursuant to 5 U.S.C. 605(b), this final rule, therefore, is
exempt from the initial and final regulatory flexibility analyses
requirements of sections 603 and 604.
The Catalog of Federal Domestic Assistance numbers for the programs
affected by these regulations are 64.117 and 64.124.
List of Subjects in 38 CFR Part 21
Administrative practice and procedure, Armed forces, Civil rights,
Claims, Colleges and universities, Conflict of interests, Defense
Department, Education, Employment, Grant programs-education, Grant
programs-veterans, Health care, Loan programs-education, Loan programs-
veterans, Manpower training programs, Reporting and recordkeeping
requirements, Schools, Travel and transportation expenses, Veterans,
Vocational education, Vocational rehabilitation.
Approved: May 13, 1996.
Jesse Brown,
Secretary of Veterans Affairs.
For the reasons set out in the preamble, 38 CFR part 21 is amended
as set forth below.
PART 21--VOCATIONAL REHABILITATION AND EDUCATION
Subpart B--Claims and Applications for Educational Assistance
1. The authority citation for subpart B is revised to read as
follows:
Authority: 38 U.S.C. 501(a), ch. 51, unless otherwise noted.
2. The heading for subpart B is revised to read as set forth above.
3. The undesignated center heading preceding Sec. 21.1020,
Secs. 21.1020 through 21.1022, Sec. 21.1025, the undesignated center
heading preceding Sec. 21.1040, and Secs. 21.1040 through 21.1045 are
removed.
Subpart C--Survivors' and Dependents' Educational Assistance under
38 U.S.C. Chapter 35
4. The authority citation for subpart C is revised to read as
follows:
Authority: 38 U.S.C. 501(a), 512, 3500-3566, unless otherwise
noted.
5. Sections 21.3001 and 21.3002 are added, to read as follows:
Sec. 21.3001 Delegation of authority.
Except as otherwise provided, authority is delegated to the Under
Secretary for Benefits and to supervisory or administrative personnel
within the jurisdiction of the Education Service, Veterans Benefits
Administration, designated by him or her to make findings and decisions
under 38 U.S.C. chapter 35 and the applicable regulations, precedents
and instructions, as to the program authorized by this subpart.
(Authority: 38 U.S.C. 512(a))
Sec. 21.3002 Administration of Survivors' and Dependents' Educational
Assistance Program.
Subpart D of this part applies to the Survivors' and Dependents'
Educational Assistance Program, unless the provisions of a section in
that subpart are explicitly limited to one or more of the other
educational assistance programs VA administers.
(Authority: 38 U.S.C. 501, 3501-3566)
6. In Sec. 21.3021, paragraphs (h), (i), (j), and (k) are added
prior to the cross references, to read as follows:
Sec. 21.3021 Definitions.
* * * * *
(h) Program of education. The term program of education means any
curriculum or any combination of unit courses or subjects pursued at an
educational institution which is generally accepted as necessary to
fulfill the requirements for the attainment of a predetermined and
identified educational, professional, or vocational objective.
(Authority: 38 U.S.C. 3501(a)(5))
(i) Educational objective. An educational objective is one that
leads to the awarding of a diploma, degree, or certificate which
reflects educational attainment.
(Authority: 38 U.S.C. 3501(a)(5))
(j) Professional or vocational objective. A professional or
vocational objective is one that leads to an occupation. It may include
educational objectives essential to prepare for the chosen occupation.
When a program consists of a series of courses not leading to an
educational objective, such courses must be directed toward attainment
of a designated professional or vocational objective.
(Authority: 38 U.S.C. 3501(a)(5))
(k) Additional definitions. The definitions in Sec. 21.4200 apply
to subpart C of this part.
(Authority: 38 U.S.C. 501, 3501)
* * * * *
7. Section 21.3025 is revised to read as follows:
Sec. 21.3025 Nonduplication; Federal programs.
Payment of subsistence allowance and special training allowance is
prohibited to an otherwise eligible person--
(a) Who is on active duty and is pursuing a course of education
which is being paid for by the Armed Forces (or by the Department of
Health and Human Services in the case of the Public Health Service); or
(b) For a unit course or courses which are being paid for under 5
U.S.C. chapter 41.
(Authority: 38 U.S.C. 3681(a))
Sec. 21.3032 [Amended]
8. In Sec. 21.3032, paragraph (a)(2) is amended by removing
``Sec. 21.4105'' and adding, in its place, ``Sec. 21.3104''.
9. In Sec. 21.3040, an authority citation is added following
paragraph (d), to read as follows:
Sec. 21.3040 Eligibility; child.
* * * * *
(d) * * *
(Authority: 38 U.S.C. 3512(a))
Sec. 21.3041 [Amended]
10. In Sec. 21.3041, paragraph (d)(9)(iii) is amended by removing
``eligibility'' and adding, in its place ``eligibility'' and by
removing ``Sec. 21.4135(z)'' and adding, in its place,
``Sec. 21.3135(g)''.
[[Page 26109]]
11. In Sec. 21.3042, paragraph (d) is removed; and paragraph (a) is
revised to read as follows:
Sec. 21.3042 Service with Armed Forces.
(a) No educational assistance under 38 U.S.C. chapter 35 may be
provided an otherwise eligible person during any period he or she is on
duty with the Armed Forces. See Sec. 21.3021 (e) and (f). This does not
apply to brief periods of active duty for training. See
Sec. 21.3135(f).
(Authority: 38 U.S.C. 3501(d))
* * * * *
Sec. 21.3044 [Amended]
12. In Sec. 21.3044, paragraph (c)(1) is amended by removing
``Sec. 21.4237(d)'' and adding, in its place, ``Sec. 21.3344(d)''.
Sec. 21.3045 [Amended]
13. In Sec. 21.3045, the introductory text of paragraph (b)(1) and
the introductory text of paragraph (b)(2) are amended by removing
``21.4235 of this part'' each time it appears and adding, in its place,
``21.3344''; and paragraph (b)(2)(i) is amended by removing
``21.4137(a)'' and adding, in its place, ``21.3131(a)''.
14. An undesignated center heading and Secs. 21.3100, 21.3102,
21.3103, 21.3104, and 21.3105 are added to read as follows:
Counseling
Sec. 21.3100 Counseling.
(a) Purpose of counseling. The purpose of counseling is to assist:
(1) In selecting an educational or training objective;
(Authority: 38 U.S.C. 3520)
(2) In developing a suitable program of education or training;
(Authority: 38 U.S.C. 3520)
(3) In selecting an educational institution or training
establishment appropriate for the attainment of the educational or
training objective;
(Authority: 38 U.S.C. 3561(a))
(4) In resolving any personal problems which are likely to
interfere with successful pursuit of a program;
(Authority: 38 U.S.C. 3561(a))
(5) In selecting an employment objective for the eligible person
that would be likely to provide the eligible person with satisfactory
employment opportunities in light of his or her circumstances.
(Authority: 38 U.S.C. 3520, 3561(a))
(b) Availability of counseling. Counseling assistance is available
for--
(1) Identifying and removing reasons for academic difficulties
which may result in interruption or discontinuance of training; or
(2) In considering changes in career plans, and making sound
decisions about the changes.
(Authority: 38 U.S.C. 3520, 3561(a))
(c) Provision of counseling. VA shall provide counseling as needed
for the purposes identified in paragraphs (a) and (b) of this section
upon the request of the eligible person.
(Authority: 38 U.S.C. 3520, 3561(a))
Sec. 21.3102 Required counseling.
(a) Child. The VA counseling psychologist will provide counseling
and assist in preparing the educational plan only if the eligible child
or his or her parent or guardian requests assistance, except that
counseling is required for an eligible child if--
(1) The eligible child may require specialized vocational training
or special restorative training; or
(2) The eligible child has reached the compulsory school attendance
age under State law, but has neither reached his or her 18th birthday,
nor completed secondary schooling. See Sec. 21.3040(a).
(b) Spouse or surviving spouse. Counseling is required for a spouse
or surviving spouse only if he or she desires specialized vocational
training.
(Authority: 38 U.S.C. 3520, 3536, 3541, 3561)
Sec. 21.3103 Failure to cooperate.
VA will not act further on an eligible person's application for
assistance under 38 U.S.C. chapter 35 when counseling is required for
him or her and the eligible person--
(a) Fails to report;
(b) Fails to cooperate in the counseling process; or
(c) Does not complete counseling to the extent required under
Sec. 21.3102.
(Authority: 38 U.S.C. 3536, 3541, 3561(a))
Sec. 21.3104 Special training.
(a) Initial counseling. A counseling psychologist in the Vocational
Rehabilitation and Counseling Division will counsel a disabled child,
spouse, or surviving spouse before referring the case to the Vocational
Rehabilitation Panel (established under Sec. 21.60) for consideration
as to the child's, spouse's or surviving spouse's need for a course of
specialized vocational training or the child's need for special
restorative training. After consulting with the panel, and considering
the panel's report, the counseling psychologist will determine if the
disabled child, spouse, or surviving spouse needs a course of
specialized vocational training or the disabled child needs special
restorative training, and where need is found to exist will prescribe a
course which is suitable to accomplish the goals of 38 U.S.C. chapter
35.
(Authority: 38 U.S.C. 3536, 3540-3543, 3561(a))
(b) Counseling after special restorative training. When an eligible
child completes or discontinues a course of special restorative
training without having selected an objective and a program of
education, a counseling psychologist in the Vocational Rehabilitation
and Counseling Division will provide additional counseling to assist
the child in selecting a program of education suitable to accomplish
the purposes of 38 U.S.C. chapter 35.
(Authority: 38 U.S.C. 3561)
Sec. 21.3105 Travel expenses.
(a) General. VA shall determine and pay the necessary expense of
travel to and from the place of counseling for an eligible person who
is required to receive counseling as provided under 38 U.S.C. 111 (a),
(d), (e), and (g).
(Authority: 38 U.S.C. 111 (a), (d), (e), and (g))
(b) Restriction. VA will not pay the necessary cost of travel to
and from the place of counseling when counseling is not required, but
is provided as a result of a voluntary request by the eligible person.
(Authority: 38 U.S.C. 111)
15. Sections 21.3130 and 21.3131 are added following the
undesignated center heading that precedes Sec. 21.3145, to read as
follows:
Sec. 21.3130 Educational assistance.
(a) Approval of a program of education. VA will approve a program
of education selected by an eligible person if:
(1) The program is described in Sec. 21.3021 (h) and (i) or (j);
(2) The individual is not already qualified for the objective of
the program of education;
(3) The proposed educational institution or training establishment
is in compliance with all the requirements of 38 U.S.C. chapters 35 and
36; and
(4) It does not appear that the enrollment in or pursuit of such
person's program of education would violate any provision of 38 U.S.C.
chapters 35 and 36.
(Authority: 38 U.S.C. 3521)
(b) Payments. VA will pay educational assistance at the rate
specified in Sec. 21.3131 (subject to the reductions required by
Sec. 21.3132) while the eligible person is pursuing an approved program
of education or training.
(Authority: 38 U.S.C. 3521, 3532)
[[Page 26110]]
(c) No payment for excessive training. (1) VA will make no payment
for:
(i) Training in an apprenticeship or other on-job training program
in excess of the number of hours approved by the State approving agency
or VA; or
(ii) Lessons completed in a correspondence course in excess of the
number approved by the State approving agency.
(2) A school's standards of progress may permit a student to repeat
a course or portion of a course in which he or she has done poorly. VA
considers the repeated courses to be part of the program of education.
VA will make no payment for courses or training if the courses or
training are not part of the eligible person's program of education.
(Authority: 38 U.S.C. 3501(a)(5), 3521)
(d) Courses precluded. VA may not pay educational assistance:
(1) For pursuit of a course if approval of the enrollment in the
course is precluded by Sec. 21.4252;
(2) For training in a foreign country unless the training is in the
Philippines or is approved pursuant to the provisions of Sec. 21.4260;
or
(3) For pursuit of a course offered by open-circuit television,
unless the eligible person's pursuit meets the requirements of
Sec. 21.4233(c).
(Authority: 38 U.S.C. 3523)
(e) Commencing date. In determining the commencing date of an award
of educational assistance, VA will apply the provisions of
Sec. 21.4131.
(Authority: 38 U.S.C. 5113)
Sec. 21.3131 Rates--educational assistance allowance--38 U.S.C.
chapter 35.
(a) Rates. Except as provided in Sec. 21.3132, educational
assistance allowance is payable at the following rates effective
January 1, 1990:
------------------------------------------------------------------------
Type of courses Monthly rate
------------------------------------------------------------------------
Institutional:
Full time............................... $404
\3/4\ time.............................. 304
\1/2\ time.............................. 202
Less than \1/2\ but more than \1/4\ time 202
\3\.
\1/4\ time or less \3\.................. 101
Cooperative (other than farm $327
cooperative) (Full time only).
Apprentice or On-Job (full time only,
but see footnote \1\)
First six months........................ $294
Second six months....................... 220
Third six months........................ 146
Fourth six months and thereafter........ 73
Farm Cooperative:
Full time............................... $327
\3/4\ time.............................. 245
\1/2\ time.............................. 163
Correspondence............................ 55 percent of the
established charge for the
number of lessons completed
by the eligible spouse or
surviving spouse and
serviced by the school--
Allowance paid
quarterly.\2\
------------------------------------------------------------------------
\1\ See footnote 5 of Sec. 21.4270(c) for measurement of full time and
Sec. 21.3132(c) for proportionate reduction in award for completion
of less than 120 hours per month.
\2\ Established charge means the charge for the course or courses
determined on the basis of the lowest extended time payment plan
offered by the institution and approved by the appropriate State
approving agency or the actual cost to the eligible spouse or
surviving spouse, whichever is the lesser. VA considers the continuity
of an enrollment broken when there are more than 6 months between the
servicing of the lessons.
\3\ If an eligible person under chapter 35 pursuing independent study on
a less than one-half-time basis completes his or her program before
the designated completion time, his or her award will be recomputed to
permit payment of tuition and fees not to exceed $202 or $101 as
appropriate, per month, if the maximum allowance is not initially
authorized.
(Authority: 38 U.S.C. 3532, 3686)
(b) Less than half time. The monthly rate for an eligible person
who is pursuing an institutional course on less than one-half time
basis may not exceed the monthly rate of the cost of the course
computed on basis of the total cost for tuition and fees which the
school requires similarly circumstanced individuals enrolled in the
same course to pay. ``Cost of the course'' does not include the cost of
books or supplies which the student is required to purchase at his or
her own expense.
(Authority: 38 U.S.C. 3532(a)(2))
(c) Courses leading to a secondary school diploma or equivalency
certificate. The monthly rate of Survivors' and Dependents' Educational
Assistance payable for an eligible person enrolled in a course leading
to a secondary school diploma or equivalency certificate shall be the
rate for institutional training stated in paragraph (a) of this
section.
(Authority: 38 U.S.C. 3532(d), 3533)
(d) Payments made to eligible persons in the Republic of the
Philippines or to certain Filipinos. When the eligible person is
pursuing training at an institution located in the Republic of the
Philippines or when an eligible child's entitlement is based on the
service of a veteran in the Philippine Commonwealth Army, or as a
Philippine Scout as defined in Sec. 3.8 (b), (c), or (d) of this
chapter, payments of educational assistance allowance made after
December 31, 1994, will be made at the rate of 50 cents for each dollar
authorized.
(Authority: 38 U.S.C. 3532(d), 3565)
Sec. 21.4137 [Redesignated as Sec. 21.3132]
Sec. 21.3132 [Amended]
16. Section 21.4137 is redesignated as Sec. 21.3132; paragraphs (d)
through (g) are removed; paragraph (h) is redesignated as paragraph
(d); newly redesignated paragraph (d)(4) is amended by removing ``106''
and adding, in its place, ``1606''; newly redesignated paragraphs
(d)(4) and (d)(5) are amended by removing ``(h)(1)(ii)'' in each place
it appears and adding, in its place, ``(d)(1)(ii)''; paragraphs (i)
through (o) are removed; and the section heading is revised,
introductory text is added, and paragraphs (a) through (c) are revised,
to read as follows:
Sec. 21.3132 Reductions in Survivors' and Dependents' Educational
Assistance.
The monthly rates established in Sec. 21.3131 shall be reduced as
stated in this section whenever the circumstances described in this
section arise.
(a) No educational assistance allowance for some incarcerated
eligible persons. VA will pay no educational assistance allowance to an
eligible person who:
(1) Is incarcerated in a Federal, State, or local penal institution
for conviction of a felony; and
(2) Is enrolled in a course:
(i) For which there are no tuition or fees, or charges for books,
supplies, and equipment; or
(ii) For which tuition and fees are being paid by a Federal program
(other than one administered by VA) or by a State or local program, and
the eligible person is incurring no charge for the books, supplies, and
equipment necessary for the course.
(Authority: 38 U.S.C. 3532(e))
(b) Reduced educational assistance allowance for some incarcerated
eligible persons--felony conviction. (1) VA will pay a reduced
educational assistance allowance to an eligible person who:
(i) Is incarcerated in a Federal, State, or local penal institution
for conviction of a felony; and
(ii) Is enrolled in a course:
(A) For which the eligible person pays some (but not all) of the
charges for tuition and fees; or
(B) For which a Federal program (other than one administered by VA)
or a State or local program pays all the
[[Page 26111]]
charges for tuition and fees, but which requires the eligible person to
pay for books, supplies, and equipment.
(2) The monthly rate of educational assistance allowance payable to
such an eligible person who is pursuing a course on a half-time or
greater basis shall be the lesser of the following:
(i) The monthly rate of the portion of the tuition and fees that
the eligible person must pay plus the monthly rate of the charge to the
eligible person for the cost of necessary supplies, books, and
equipment; or
(ii) The monthly rate stated in Sec. 21.3131.
(3) The monthly rate of educational assistance payable to such an
eligible person who is pursuing the course on a less than half-time
basis or on a one quarter-time basis shall be the lowest of the
following:
(i) The monthly rate of the tuition and fees charged for the
course;
(ii) The monthly rate of tuition and fees which the eligible person
must pay plus the monthly rate of the charge to the eligible person for
the cost of necessary supplies, books, and equipment; or
(iii) The monthly rate stated in Sec. 21.3131.
(Authority: 38 U.S.C. 3482(g))
(c) Reduction in training assistance allowance. (1) For any month
in which an eligible person pursuing an apprenticeship or on-job
training program fails to complete 120 hours of training, VA shall
reduce the rate specified in Sec. 21.3131(a) proportionally. In this
computation VA shall round the number of hours worked to the nearest
multiple of eight.
(2) For the purpose of this paragraph hours worked include only:
(i) The training hours the eligible person worked; and
(ii) All hours of the eligible person's related training which
occurred during the standard workweek and for which the eligible person
received wages.
(Authority: 38 U.S.C. 3687(b)(3))
* * * * *
17. Section 21.3133 is added to read as follows:
Sec. 21.3133 Payment procedures.
(a) Release of payments and payment procedures. In determining
whether payments of educational assistance allowance may be made in a
lump sum, in advance, for an interval or if a certification is required
from an eligible person before a payment may be made, VA will apply the
provisions of Sec. 21.4138.
(Authority: 38 U.S.C. 3680)
(b) Payee. (1) VA will pay an educational assistance allowance to
the eligible person if he or she has attained majority and has no known
legal disability.
(2) If an eligible person has not attained majority, VA will pay an
educational assistance allowance directly to an eligible person, a
relative, or some other person for the use and benefit of the eligible
person notwithstanding a legal disability on the part of the eligible
person when VA determines:
(i) The best interest of the eligible person would be served;
(ii) Undue delay in payment would be avoided; or
(iii) Payment would otherwise not be feasible.
(Authority: 38 U.S.C. 3501(a)(4), 3501(c), 3531(a), 5502)
(c) Payment of accrued benefits. Educational assistance remaining
due and unpaid at the date of the eligible person's death is payable
under the provisions of Sec. 3.1000 of this chapter.
(Authority: 38 U.S.C. 5121)
(d) Tutorial assistance. An individual who is otherwise eligible to
receive benefits under the Survivors' and Dependents' Educational
Assistance program may receive supplemental monetary assistance to
provide tutorial services. In determining whether VA will pay the
individual this assistance, VA will apply the provisions of
Sec. 21.4236.
(Authority: 38 U.S.C. 3492, 3533(b))
(e) Offsets: 38 U.S.C. chapter 35, compensation, pension and
dependency and indemnity compensation. Payment of dependents'
educational assistance will be subject to offset of amounts of pension,
compensation or dependency and indemnity compensation paid over the
same period on behalf of a child based on school attendance.
(Authority: 38 U.S.C. 3562)
(f) Final payment. VA may withhold final payment until VA receives
proof of continued enrollment and adjusts the eligible person's
account.
(Authority: 38 U.S.C. 3680)
18. Section 21.3135 is added to read as follows:
Sec. 21.3135 Reduction or discontinuance dates for awards of
educational assistance allowance.
The reduction or discontinuance date of an award of educational
assistance will be as stated in this section. If more than one basis
for reduction or discontinuance is involved, the earliest date will
control.
(a) Ending date of course. Educational assistance allowance will be
discontinued on the ending date of the course or period of enrollment
as certified by the school.
(Authority: 38 U.S.C. 3531, 3680(a))
(b) Ending date of eligibility. Educational assistance allowance
will be discontinued on the ending date of the eligible person's
eligibility as determined by Sec. 21.3041, Sec. 21.3042, Sec. 21.3043,
or Sec. 21.3046.
(Authority: 38 U.S.C. 3512)
(c) General reduction or discontinuance dates. Educational
assistance allowance will be reduced or discontinued on the date
specified in Sec. 21.4135.
(Authority: 38 U.S.C. 3482(g), 3531, 3671(g), 3672(a), 3680, 3683,
3690, 5112, 5113, 6103, 6104, 6105)
(d) Divorce. If the veteran and eligible spouse divorce, the
discontinuance date for the eligible spouse's award of educational
assistance will be:
(1) The end of the quarter or semester if the school is operated on
a quarter or semester system, and the divorce was without fault on the
eligible spouse's part;
(2) The end of the course or a 12-week period, whichever is
earlier, if the school does not operate on a quarter or semester
system, and the divorce was without fault on the eligible spouse's
part; or
(3) In all other instances, the date the divorce decree becomes
final.
(Authority: 38 U.S.C. 3501(a)(1)(D), 3511(b))
(e) Remarriage or other relationship of spouse or surviving spouse.
(1) If an eligible surviving spouse remarries, the date of
discontinuance of his or her award of educational assistance allowance
will be the last date of attendance before remarriage.
(2) If a spouse or surviving spouse begins a relationship by living
with another person and holding himself or herself out openly to the
public to be the spouse of the other person, the date of discontinuance
of his or her award of educational assistance allowance will be the
last date of the month before the spouse's or surviving spouse's
relationship began.
(Authority: 38 U.S.C. 101(3), 3501(a)(1)(B))
(f) Entrance on active duty (Sec. 21.3042). If an eligible person
enters on active duty, VA will terminate his or her educational
assistance allowance on the day before the day of entrance on active
duty. Brief periods of active duty for training, if the school permits
such an absence without interruption of
[[Page 26112]]
training, will not result in termination of the allowance under this
paragraph.
(Authority: 38 U.S.C. 3501(d))
(g) Eligible child ceases to be a stepchild. When an eligible child
loses eligibility because he or she ceases to be the stepchild of the
veteran, VA will discontinue the dependent's educational assistance
allowance on the last day of the child's eligibility as determined by
Sec. 21.3041(d)(9).
(Authority: 38 U.S.C. 101(4)(A), 3501)
(h) Veteran no longer rated permanently and totally disabled. (1)
If the veteran on whose service an eligible person's eligibility is
based is no longer permanently and totally disabled, VA will
discontinue the educational assistance allowance--
(i) On the last date of the quarter or semester during which VA
rated the veteran as no longer permanently and totally disabled if the
eligible person's educational institution is organized on a quarter or
semester basis; or
(ii) On the earlier of the following dates when the eligible
person's educational institution is not organized on a quarter or
semester basis:
(A) The last date of the course;
(B) The end of a 12-week period beginning on the date VA rated the
veteran as being no longer permanently and totally disabled.
(Authority: 38 U.S.C. 3511(b), 3512(a)(6)(A))
(i) Serviceperson is removed from ``missing status'' listing. (1)
If the serviceperson on whose service an eligible person's eligibility
is based is removed from the ``missing status'' listing, VA will
discontinue the educational assistance allowance--
(i) On the last date of the quarter or semester during which the
serviceperson was removed from the ``missing status'' listing if the
eligible person's educational institution is organized on a quarter or
semester basis; or
(ii) On the earlier of the following dates when the eligible
person's educational institution is not organized on a quarter or
semester basis:
(A) The last date of the course;
(B) The end of a 12-week period beginning on the date the
serviceperson was removed from the ``missing status'' listing.
(Authority: 38 U.S.C. 3512(a)(6)(A))
Sec. 21.3145 [Removed]
19. Section 21.3145 is removed.
20. In Sec. 21.3330, paragraph (a) is amended by removing
``Sec. 21.4139'' and adding, in its place, ``Sec. 21.3133(b)''; and
paragraph (c) is revised to read as follows:
Sec. 21.3330 Payments.
* * * * *
(c) The provisions of Sec. 21.3133(e) apply to the payment of
special restorative training allowance.
(Authority: 38 U.S.C. 3562)
Sec. 21.3331 [Amended]
21. Section 21.3331 is amended by removing ``Sec. 21.4131'', and
adding, in its place, ``Sec. 21.3130(c)''.
Sec. 21.3332 [Amended]
22. Section 21.3332 is amended by removing ``Sec. 21.4135'', and
adding, in its place, ``Sec. 21.3130(d)''.
23. An undesignated center heading and Sec. 21.3344 are added to
read as follows:
Special Assistance and Training
Sec. 21.3344 Special assistance for the educationally disadvantaged.
(a) Enrollment. VA may approve the enrollment of an eligible person
in an appropriate course or courses at the secondary school level. This
approval may be made only if the eligible person--
(1) Has not received a secondary school diploma (or an equivalency
certificate);
(2) Needs additional secondary school education, remedial,
refresher, or deficiency courses, to qualify for admission to an
appropriate educational institution in a State in order to pursue a
program of education; and
(3) Is to pursue the course or courses in a State.
(Authority: 38 U.S.C. 3491(a), 3533)
(b) Measurement. VA will measure remedial, deficiency, or refresher
courses offered at the secondary school level as provided in
Secs. 21.4270(a)(2) and 21.4272(k).
(Authority: 38 U.S.C. 3533)
(c) Educational assistance. VA will authorize educational
assistance at the monthly rates specified in Sec. 21.3131.
(Authority: 38 U.S.C. 3491(a), 3533)
(d) Entitlement charge. The provisions of Sec. 21.3045 will
determine whether VA will make a charge against the period of the
entitlement of the eligible person because of enrollment in a course
under the provisions of this section.
(Authority: 38 U.S.C. 3533)
(e) Certifications. (1) Certifications of the eligible person's
need for deficiency or remedial courses in basic English language
skills and mathematics skills may be made by:
(i) A VA counseling psychologist in the Vocational Rehabilitation
and Counseling Division;
(ii) The educational institution administering the course; or
(iii) The educational institution where the student has applied for
admission.
(2) Certification of need for other refresher, remedial or
deficiency course requirements are to be made by the educational
institution--
(i) Administering the course which the eligible person is planning
to enter; or
(ii) Where the eligible person has applied for admission.
(Authority: 38 U.S.C. 3533)
(f) Basic skills. Basic English language courses or mathematics
courses will be authorized when it is found by accepted testing methods
that the eligible person is lacking in basic reading, writing,
speaking, or essential mathematics.
(Authority: 38 U.S.C. 3533)
Subpart D--Administration of Educational Assistance Programs
24. The authority citation for subpart D is revised to read as
follows:
Authority: 10 U.S.C. ch. 1606; 38 U.S.C. 501(a), chs. 30, 32,
34, 35, 36, unless otherwise noted.
25. The heading for subpart D is revised to read as set forth
above.
Sec. 21.4001 [Amended]
26. In Sec. 21.4001, paragraph (a) is amended by removing ``Chief
Benefits Director'' and adding, in its place, ``Under Secretary for
Benefits''; by removing ``Vocational Rehabilitation and''; and by
removing ``34, 35,'' and adding, in its place, ``34''; paragraph (b) is
amended by removing ``Chief, Benefits Director'' and adding, in its
place, ``Under Secretary for Benefits''; and by removing ``Vocational
Rehabilitation and''; paragraph (c) introductory text is amended by
removing ``Vocational Rehabilitation and''; paragraph (d) is amended by
removing ``Chief Benefits Director'' and adding, in its place, ``Under
Secretary for Benefits'', and by adding ``his or her'' immediately
preceding ``designee''; paragraph (e) is amended by removing ``Chief
Benefits Director'' and adding, in its place, ``Under Secretary for
Benefits''; paragraph (f) is amended by removing ``Chief Benefits
Director'' and adding, in its place, ``Under Secretary for Benefits'';
and paragraph (g) is amended by removing ``Education'' and adding, in
its place, ``Counseling''.
Sec. 21.4009 [Amended]
27. In Sec. 21.4009, paragraph (a)(2)(i) is amended by removing
``excessive absences from a course or''; and by removing ``veteran''
and adding, in its place, ``veteran, reservist''.
[[Page 26113]]
Sec. 21.4022 [Amended]
28. In Sec. 21.4022, the heading for paragraph (a) is removed;
paragraph (b) is removed; and paragraph (a) introductory text and
paragraphs (a)(1), (a)(2), (a)(3), (a)(4), (a)(5), (a)(6), (a)(7),
(a)(8), and (a)(9) are redesignated as introductory text and paragraphs
(a), (b), (c), (d), (e), (f), (g), (h), and (i), respectively.
Sec. 21.4025 [Removed]
29. Section 21.4025 is removed.
Secs. 21.4100 through 21.4105 and 21.4130 [Removed]
30. The undesignated center heading which precedes Sec. 21.4100,
and Secs. 21.4100 through 21.4105 and Sec. 21.4130 are removed.
Sec. 21.4131 [Amended]
31. In Sec. 21.4131, paragraphs (e) and (j) are removed and
reserved; the heading for paragraph (g) is amended by removing
``(Secs. 21.1042(b), 21.3042(b))''; paragraph (g) is amended by
removing ``veteran'' and adding, in its place, ``veteran or eligible
person''; the authority citation for paragraph (g) is amended by
removing ``3462(b)'' and adding, in its place, ``3462(b), 3501(d)'';
and paragraph (h), introductory text, is amended by removing
``Sec. 21.4136 (n), (o), (p), or (r) Sec. 21.4137 (j) or (l)'' and
adding, in its place, ``Sec. 21.3132(a) or (b) or Sec. 21.5139''.
Sec. 21.4132 [Removed]
32. Section 21.4132 is removed.
33. In Sec. 21.4135, paragraphs (b), (c), (d), (n), (o), (v), and
(z) are removed and reserved; paragraph (e)(2) introductory text is
amended by removing ``as provided in Sec. 21.4136(k) or 21.4137(h),'';
paragraph (m)(1) is amended by removing ``Sec. 21.4136(n), (o), (p), or
(r) or Sec. 21.4137(j) or (l)'' and adding, in its place,
``Sec. 21.3132(a) or (b) or Sec. 21.5139''; and in paragraph (e), the
heading and paragraph (e)(1) are revised, to read as follows:
Sec. 21.4135 Discontinuance dates.
* * * * *
(e) Course discontinued; course interrupted; course terminated;
course not satisfactorily completed or withdrawn from. (1) If the
individual receives all nonpunitive grades, or withdraws from all
courses other than because of being ordered to active duty, and no
mitigating circumstances are found, VA will terminate the individual's
educational assistance allowance effective the first date of the term
in which the withdrawal occurs.
* * * * *
34. In Sec. 21.4136, paragraphs (a) through (j) are removed;
paragraph (k) heading, paragraph (k)(1) introductory text, paragraphs
(k)(1)(i), (k)(1)(ii) introductory text, (k)(1)(ii)(A), (k)(1)(ii)(B),
(k)(1)(ii)(C), and (k)(2) through (k)(5) are redesignated as paragraph
(a) heading, paragraph (a) introductory text, paragraphs (a)(1), (a)(2)
introductory text, (a)(2)(i), (a)(2)(ii), (a)(2)(iii), and (b) through
(e), respectively; newly redesignated paragraphs (a)(2)(ii) and
(a)(2)(iii) are amended by removing ``veteran'' wherever it appears and
adding, in its place, ``individual''; paragraphs (l) through (t) and
the cross reference at the end of the section are removed; and the
section heading, the heading and introductory text of newly
redesignated paragraph (a), the authority citation at the end of newly
redesignated paragraph (a), and newly redesignated paragraph (a)(1) and
paragraphs (b) through (e) are revised to read as follows:
Sec. 21.4136 Withdrawals or nonpunitive grades may result in
nonpayment.
(a) General. VA will not pay benefits to an individual for a course
from which the individual withdraws or receives a nonpunitive grade
which is not used in computing the requirements for graduation unless:
(1) The individual withdraws because he or she is ordered to active
duty; or
* * * * *
(Authority: 38 U.S.C. 3680(a))
(b) Representative mitigating circumstances. The following
circumstances, which are not all inclusive, are representative of those
that VA considers to be mitigating provided they prevent the individual
from pursuing the program of education continuously:
(1) An illness of the individual;
(2) An illness or death in the individual's family;
(3) An unavoidable geographical transfer resulting from the
individual's employment;
(4) An unavoidable change in the individual's conditions of
employment;
(5) Immediate family or financial obligations beyond the control of
the individual that require him or her to suspend pursuit of the
program of education to obtain employment;
(6) Discontinuance of the course by the school;
(7) Unanticipated active duty for training;
(8) Unanticipated difficulties in caring for the individual's child
or children.
(Authority: 38 U.S.C. 3680(a))
(c) Failure to complete a course for the educationally
disadvantaged. If the individual fails to satisfactorily complete a
course under 38 U.S.C. 3491(a) without fault, VA will consider the
circumstances that caused the failure to be mitigating. This will be
the case even if the circumstances were not so severe as to preclude
continuous pursuit of a program of education.
(d) Withdrawals after May 31, 1989. In the first instance of a
withdrawal after May 31, 1989, from a course or courses for which the
individual received educational assistance under 38 U.S.C. chapter 32,
VA will consider that mitigating circumstances exist with respect to
courses totaling not more than six semester hours or the equivalent,
and paragraphs (a)(2)(ii) and (a)(2)(iii) of this section will not
apply.
(Authority: 38 U.S.C. 3680(a)(3))
(e) Withdrawals during a drop-add period. If the individual
withdraws from a course during a drop-add period, VA will consider the
circumstances that caused the withdrawal to be mitigating, and
paragraphs (a)(2)(ii) and (a)(2)(iii) of this section will not apply.
(Authority: 38 U.S.C. 3680(a))
Secs. 21.4139 through 21.4141 [Removed]
35. Sections 21.4139 through 21.4141 are removed.
36. In Sec. 21.4145, paragraph (b) is amended by removing
``veteran'' wherever it appears, and adding, in its place, ``veteran,
reservist, or eligible person'', and by removing ``veteran's'' and
adding, in its place, ``veteran's, reservist's, or eligible person's'';
paragraph (c) introductory text is amended by removing ``Veteran-
student'' and adding, in its place, ``Work-study''; the heading of
paragraph (g) is amended by removing ``Veteran'' and adding, in its
place, ``Veteran, reservist, or eligible person''; paragraphs (g) and
(h) are amended by removing ``veteran'' wherever it appears, and
adding, in its place, ``veteran, reservist, or eligible person'';
paragraph (i) is amended by removing ``veterans'' and adding, in its
place, ``veterans, reservists, or eligible persons''; and the section
heading and paragraphs (a), (c)(3), (c)(4), (d), (e), and (f) are
revised, and paragraph (c)(5) is added, to read as follows:
Sec. 21.4145 Work-study allowance.
(a) Eligibility. (1) A veteran or reservist pursuing a program of
education under either 38 U.S.C. chapter 30 or 32 or 10 U.S.C. chapter
1606 at a rate of three-quarter time or full time is eligible to
receive a work-study allowance.
(2) An eligible person is eligible to receive a work-study
allowance when-
[[Page 26114]]
(i) The eligible person is pursuing a program of education under 38
U.S.C. chapter 35 on at least a three-quarter-time basis;
(ii) The eligible person is pursuing a program of education in a
State; and
(iii) The eligible person is not pursuing a program of special
restorative training.
(Authority: 10 U.S.C. 16136; 38 U.S.C. 3034, 3241, 3485, 3537)
* * * * *
(c) * * *
(3) Hospital and domiciliary care and medical treatment at VA
facilities;
(4) For a reservist training under 10 U.S.C. chapter 1606,
activities relating to the administration of 10 U.S.C. chapter 1606 at
Department of Defense facilities, Coast Guard facilities, or National
Guard facilities; and
(5) Any other appropriate activity of VA.
(Authority: 10 U.S.C. 16136; 38 U.S.C. 3034, 3241, 3485, 3537)
(d) Rate of payment. In return for the veteran's, reservist's, or
eligible person's agreement to perform services for VA totaling not
more than 25 hours times the number of weeks contained in an enrollment
period, VA will pay an allowance in an amount equal to the higher of:
(1) The hourly minimum wage in effect under section 6(a) of the
Fair Labor Standards Act of 1938 (29 U.S.C. 206(a)) times the number of
hours the veteran, reservist, or eligible person has agreed to work; or
(2) The hourly minimum wage under comparable law of the State in
which the services are to be performed times the number of hours the
veteran, reservist, or eligible person has agreed to work.
(Authority: 10 U.S.C. 16136; 38 U.S.C. 3034, 3241, 3485, 3537)
(e) Payment in advance. VA will pay in advance an amount equal to
the lesser of the following:
(1) 40 percent of the total amount payable under the contract; or
(2) An amount equal to 50 times the applicable minimum hourly wage
in effect on the date the contract is signed.
(Authority: 10 U.S.C. 16136; 38 U.S.C. 3034, 3241, 3485, 3537)
(f) Veteran, reservist, or eligible person reduces rate of
training. In the event the veteran, reservist, or eligible person
reduces his or her training to less than three-quarter-time before
completing an agreement, the veteran, reservist, or eligible person,
with the approval of the Director of the VA field station, or designee,
may be permitted to complete the portions of an agreement in the same
or immediately following term, quarter, or semester in which the
veteran, reservist, or eligible person ceases to be a three-quarter-
time student.
(Authority: 10 U.S.C. 16136; 38 U.S.C. 3034, 3241, 3485, 3537)
* * * * *
Sec. 21.4146 [Amended]
37. In Sec. 21.4146, paragraph (a) is amended by removing
``Chapters 34, 35 and 36, Title 38, U.S.C.'' and adding, in its place,
``38 U.S.C. chapters 30, 32, 35, or 36, or 10 U.S.C. chapter 1606'';
and paragraph (f) is removed.
38. In Sec. 21.4153, paragraph (b) is amended by removing ``Chief
Benefits Director'' and adding, in its place, ``Under Secretary for
Benefits''; and by removing ``Vocational Rehabilitation and'';
paragraph (c)(2)(i)(B) is amended by removing ``Vocational
Rehabilitation and''; and paragraph (c)(3) is revised, to read as
follows:
Sec. 21.4153 Reimbursement of expenses.
* * * * *
(c) Reimbursable expenses. * * *
(3) Administrative expenses. In determining the allowance for
administrative expenses for which payment may be authorized, VA will
apply the provisions of 38 U.S.C. 3674(b). In making that application,
VA will determine reimbursable salary cost pursuant to paragraph (c)(1)
of this section.
* * * * *
39. In Sec. 21.4200, paragraph (v) is revised to read as follows:
Sec. 21.4200 Definitions.
* * * * *
(v) Reservist. The term reservist means a member of the Selected
Reserve of the Ready Reserve of any of the reserve components
(including the Army National Guard of the United States and the Air
National Guard of the United States) of the Armed Forces who is
eligible to receive educational assistance under 38 U.S.C. chapter 30
or 10 U.S.C. chapter 1606.
(Authority: 38 U.S.C. 3002)
Sec. 21.4201 [Amended]
40. In Sec. 21.4201, paragraph (g)(6) is amended by removing ``in a
course either before December 1, 1976 or after November 30, 1976,''.
Sec. 21.4204 [Amended]
41. In Sec. 21.4204, paragraph (b)(2) is removed; and paragraphs
(b)(3), (b)(4), (b)(5), and (b)(6) are redesignated as paragraphs
(b)(2), (b)(3), (b)(4), and (b)(5), respectively.
Sec. 21.4205 [Removed]
42. Section 21.4205 is removed.
Sec. 21.4209 [Amended]
43. Section 21.4209 is amended in the heading of paragraph (c) by
removing ``Below college level'' and adding, in its place, ``Noncollege
degree''; in paragraph (c) by removing ``veterans or'' and adding, in
its place, ``veterans, servicemembers, reservists, and/or''; by
removing ``or courses which do'' and adding, in its place, ``that
does''; and by removing ``which has enrolled veterans under Chapter 34
or eligible persons under Chapter 35'' and adding, in its place, ``that
has enrolled veterans under 38 U.S.C. chapter 30 or 32, reservists
under 10 U.S.C. chapter 1606, or eligible persons under 38 U.S.C.
chapter 35''; and, immediately after paragraph (c), by adding an
authority citation to read
``(Authority: 10 U.S.C. 16136; 38 U.S.C. 3034, 3241, 3690(c))''.
Sec. 21.4230 [Removed]
44. Section 21.4230 is removed.
Sec. 21.4235 [Removed]
45. Section 21.4235 is removed.
46. In Sec. 21.4236, the section heading, the authority citation
following paragraph (b), and paragraphs (c) and (d) are revised, to
read as follows:
Sec. 21.4236 Tutorial assistance.
* * * * *
(b) * * *
(Authority: 10 U.S.C. 16131(h); 38 U.S.C. 3019, 3234, 3492, 3533(b))
(c) Limits on tutorial assistance. (1) VA will authorize the cost
of tutorial assistance in an amount not to exceed $100 per month.
(2) The total amount of all tutorial assistance provided under this
section will not exceed $1200.
(Authority: 38 U.S.C. 3019, 3492, 3533(b))
(d) Entitlement charge. VA will make no charge against the
veteran's or eligible person's entitlement to educational assistance
for any amount of tutorial assistance authorized.
(Authority: 38 U.S.C. 3019, 3492, 3533(b))
Sec. 21.4237 [Removed]
47. Section 21.4237 is removed.
Sec. 21.4252 [Amended]
48. In Sec. 21.4252, the authority citation for paragraph (b)(3) is
amended by removing ``3473(a), 3523(a)'' and adding, in its place,
``3523(a), 3680A(b)''; paragraph (c)(1) is amended by removing
``training under Chapter 34.'' and adding, in its place, ``training;
or''; paragraph (c)(2) is removed; paragraph (c)(3) is redesignated as
[[Page 26115]]
paragraph (c)(2); and the authority citation for paragraph (c) is
amended by removing ``Sec. 2003, Pub. L. 97-35'' and adding, in its
place, ``10 U.S.C. 16131(g); 38 U.S.C. 3034(d), 3241(b), 3523(b),
3680A(b)''.
Sec. 21.4260 [Amended]
49. In Sec. 21.4260, paragraph (c)(1)(i) is amended by removing
``Secs. 21.1040 through 21.1045,'' and paragraph (c)(1)(ii) is amended
by removing ``21.4230 or Sec. 21.5230'' and adding, in its place,
``21.3021(h) or Sec. 21.5021(q)''.
Sec. 21.4264 [Amended]
50. In Sec. 21.4264, paragraph (b) is amended by removing ``a
veteran or'' and adding, in its place, ``an''; and paragraph (d)(1)
introductory text is amended by removing ``veterans,''.
Sec. 21.4266 [Amended]
51. In Sec. 21.4266, paragraph (c)(1)(iii) is amended by removing
``21.4203, 21.4204 and 21.4205''; and adding, in its place, ``21.4203
and 21.4204''.
Sec. 21.4276 [Removed]
52. Section 21.4276 is removed.
Subpart E--[Removed]
53. Subpart E is removed.
Subpart F--Education Loans
54. The authority citation for subpart F is revised to read as
follows:
Authority: 38 U.S.C. 501, 3537, 3698, 3699, unless otherwise
noted.
55. In Sec. 21.4500, paragraph (b) is amended by removing ``Veteran
or person'' and adding, in its place, ``spouse or surviving spouse'',
and by removing ``section 3698, Title 38, U.S.C.'' and adding, in its
place, ``38 U.S.C. 3512(f) and 3698.''; paragraph (d)(2) introductory
text is amended by removing ``a veteran or eligible person'' and
adding, in its place, ``an eligible spouse or surviving spouse''; the
authority citation following paragraph (d)(2) introductory text is
amended by removing ``3698'' and adding, in its place, ``3512(f),
3698''; paragraph (d)(2)(ii) is amended by removing ``Vocational
Rehabilitation and'' in each place it appears; the authority citation
for paragraph (d) is amended by removing ``3698(c)'' and adding, in its
place, ``3512(f), 3698(c)''; paragraph (e)(1) is amended by removing
``the veteran or other eligible person'' and adding, in its place,
``the eligible spouse or surviving spouse''; paragraph (e)(2) is
amended by removing ``the veteran or other eligible person'' and
adding, in its place, ``the eligible spouse or surviving spouse'';
paragraph (e)(3) is amended by removing ``the veteran or other eligible
person'' and adding, in its place, ``the eligible spouse or surviving
spouse''; paragraph (e)(4) is amended by removing ``the veteran or
other eligible person under section 3231, 3461, or subchapter II of
Chapter 35, Title 38 U.S.C., which applies solely to the veteran or
eligible person'' and adding, in its place, ``the eligible spouse or
surviving spouse under 38 U.S.C. chapter 35''; paragraph (e)(5) is
amended by removing ``veteran or other eligible person'' and adding, in
its place, ``eligible spouse or surviving spouse''; paragraph (e)(6) is
amended by removing ``veteran under section 3485, Title 38 U.S.C.'' and
adding, in its place, ``eligible spouse or surviving spouse under 38
U.S.C. 3537''; paragraph (g) is amended by removing ``a veteran or
eligible person'' and adding, in its place, ``an eligible spouse or
surviving spouse''; and by removing ``Effective January 1, 1975, the''
and adding, in its place, ``The''; the authority citation following
paragraph (h) is amended by removing ``3698(b)'' and adding, in its
place, ``3512(f), 3698(b)''; and paragraph (f) is revised to read as
follows:
Sec. 21.4500 Definitions.
* * * * *
(f) Actual cost of attendance. The term actual cost of attendance
means:
(1) The actual charge per student for tuition, fees, and books;
(2) An allowance for commuting (this allowance will be based on
22.5 cents per mile for distances not exceeding normal commuting
distance);
(3) An allowance for other expenses reasonably related to
attendance at the institution at which the eligible spouse or surviving
spouse is enrolled; and
(4) A room and board allowance that shall be determined as follows:
(i) If the educational institution actually provides the eligible
spouse or surviving spouse with room and board, the allowance shall
equal the actual charges to him or her for room and board;
(ii) If the educational institution provides some students with
room and board, but does not provide room and board for the eligible
spouse or surviving spouse, the room and board allowance shall equal
either the actual expenses incurred by the eligible spouse or surviving
spouse for room and board, or the amount for room and board that the
educational institution would have charged the eligible spouse or
surviving spouse, had the educational institution provided him or her
with room and board, whichever is less; and
(iii) If the educational institution does not provide any students
with room and board, the room and board allowance shall equal either
the actual expenses incurred by the eligible spouse or surviving spouse
for room and board or the amount the eligible spouse or surviving
spouse would have been charged for room and board had he or she been
provided room and board by the nearest State college or State
university that provides room and board, whichever is less.
* * * * *
56. Section 21.4501 is revised to read as follows:
Sec. 21.4501 Eligibility.
(a) General. Any eligible spouse or surviving spouse shall be
eligible to receive an education loan if he or she meets the criteria
of this section.
(Authority: 38 U.S.C. 3512(f), 3698)
(b) Eligibility criteria. To qualify for an education loan--
(1) The eligible spouse's or surviving spouse's delimiting period
as determined by Sec. 21.3046 (a), (b), or (d) must have expired;
(2) The eligible spouse or surviving spouse must--
(i) Have financial resources that may reasonably be expected to be
expended for education needs and which are insufficient to meet the
actual costs of attendance;
(ii) Execute a promissory note payable to the Department of
Veterans Affairs, as provided by Sec. 21.4504;
(iii) Have unused entitlement provided under 38 U.S.C. 3511;
(iv) During the term, quarter, or semester for which the loan is
granted, be enrolled on a full-time basis in pursuit of the approved
program of education in which he or she was enrolled on the date his or
her eligibility expired under Sec. 21.3046 (a), (b), or (d); and
(v) Have been enrolled in a program of education on a full-time
basis--
(A) On the date his or her period of eligibility expired under
Sec. 21.3046 (a), (b), or (d); or
(B) On the last date of the ordinary term, semester or quarter
preceding the date his or her eligibility expired under Sec. 21.3046
(a), (b), or (d), if the delimiting date fell during a school break or
summer term.
(Authority: 38 U.S.C. 3512(f), 3698)
(c) Limitations. The period for which a loan may be granted shall
not extend beyond the earliest of the following dates:
(1) Two years after the expiration of the period of eligibility as
determined by Sec. 21.3046(a), (b), or (d);
(2) The date on which the eligible spouse's or surviving spouse's
entitlement is exhausted; or
[[Page 26116]]
(3) The date on which the eligible spouse or surviving spouse
completes the approved program of education which he or she was
pursuing on the date the delimiting period determined by Sec. 21.3046
(a), (b), or (d) expired.
(Authority: 38 U.S.C. 3512(f), 3698)
(d) Exclusions. No eligible spouse or surviving spouse shall be
authorized an education loan if he or she has defaulted on a previous
education loan and there is a remaining unliquidated payment due VA.
(Authority: 38 U.S.C. 3512(f), 3698)
Sec. 21.4502 [Amended]
57. In Sec. 21.4502, paragraph (a) is amended by removing ``veteran
or other eligible person'' and adding, in its place, ``spouse or
surviving spouse''; paragraph (b)(2) is amended by removing ``veteran
or other eligible person'' and adding, in its place, ``eligible spouse
or surviving spouse''; paragraph (b)(3) is amended by removing
``veteran or other eligible person'' and adding, in its place,
``eligible spouse or surviving spouse''; and paragraph (b)(4) is
amended by removing ``veteran or other eligible person'' wherever it
appears, and adding, in its place, ``eligible spouse or surviving
spouse''.
58. In Sec. 21.4503, paragraph (a)(1) is amended by removing
``veteran or other eligible person'' and adding, in its place,
``eligible spouse or surviving spouse''; paragraphs (b)(4), (b)(5),
(b)(10), and (b)(11) are removed; paragraphs (b)(6), (b)(7), (b)(8),
and (b)(9) are redesignated as paragraphs (b)(4), (b)(5), (b)(6), and
(b)(7), respectively; the authority citation following newly
redesignated paragraph (b)(4) is amended by removing ``3698(b)'' and
adding, in its place, ``3512(f), 3698(b)''; newly redesignated
paragraph (b)(5) is amended by removing ``veteran or other eligible
person'' and adding, in its place, ``eligible spouse or surviving
spouse''; newly redesignated paragraph (b)(7) is amended by removing
``veteran or other eligible person'' and adding, in its place, ``spouse
or surviving spouse''; and paragraph (b)(2) and newly redesignated
paragraph (b)(6) are revised to read as follows:
Sec. 21.4503 Determination of loan amount.
* * * * *
(b) Amount. * * *
(2) The aggregate of the amounts any eligible spouse or surviving
spouse may borrow for an education loan may not exceed $2,500 in any
one academic year. It also may not exceed an amount determined by
multiplying the number of months of educational assistance to which the
eligible spouse or surviving spouse would be entitled were it not for
the expiration of his or her delimiting period under 38 U.S.C. 3511
times $376.
(Authority: 38 U.S.C. 3512(f), 3698)
* * * * *
(6) An eligible spouse or surviving spouse may receive more than
one loan covering separate loan periods, subject to paragraphs (b)(3)
and (b)(7) of this section.
* * * * *
59. In Sec. 21.4504, paragraph (d) is amended by removing ``veteran
or other eligible person'' each place it appears, and adding, in its
place, ``spouse or surviving spouse'' and by removing ``veteran's or
eligible person's'' and adding, in its place, ``eligible spouse's or
surviving spouse's''; paragraph (e) is amended by removing ``veteran or
eligible person'' and adding, in its place, ``spouse or surviving
spouse''; paragraph (f) is amended by removing ``veteran or eligible
person'' each place it appears, and adding, in its place, ``spouse or
surviving spouse''; paragraph (g) is amended by removing ``A veteran or
eligible person'' and adding, in its place, ``An eligible spouse or
surviving spouse''; and paragraph (a) introductory text and paragraph
(a)(3)(ii) are revised to read as follows:
Sec. 21.4504 Promissory note.
(a) General. The agreement by VA to loan money pursuant to 38
U.S.C. 3512(f) and 3698 to any eligible spouse or surviving spouse
shall be in the form of a promissory note which shall include:
* * * * *
(3) * * *
(ii) For loans of less than $600, 1 year and 7 months after such
date for the first $50 of the loan plus 1 additional month for each
additional $5 of the loan.
* * * * *
Sec. 21.4505 [Amended]
60. In Sec. 21.4505, paragraph (a) is amended by removing ``veteran
or eligible person'' each place it appears, and adding, in its place,
``eligible spouse or surviving spouse''; paragraph (b)(1) is amended by
removing ``veteran or eligible person'' and adding, in its place,
``eligible spouse or surviving spouse''; paragraph (b)(2) introductory
text is amended by removing ``veterans and other eligible persons'',and
adding, in its place, ``spouses or surviving spouses''; and the
authority citation following paragraph (b) is amended by removing
``3698'' and adding, in its place, ``3512(f), 3698''.
Sec. 21.4507 [Amended]
61. In Sec. 21.4507, paragraph (a) is amended by removing
``persons'' and adding, in its place, ``spouses and surviving
spouses''; paragraph (b) is amended by removing ``veterans and other
eligible persons'' and adding, in its place, ``spouses and surviving
spouses''; and the authority citation is amended by removing ``3696''
and adding, in its place, ``3512(f), 3696''.
Subpart F-2--[Removed]
62. Subpart F-2 is removed.
Subpart K--All Volunteer Force Educational Assistance Program
(Montgomery GI Bill--Active Duty)
63. The authority citation for subpart K continues to read as
follows:
Authority: 38 U.S.C. 501(a), chs. 30, 36, unless otherwise
noted.
64. The heading for subpart K is revised to read as set forth
above.
65. In Sec. 21.7000, paragraph (b) is revised to read as follows:
Sec. 21.7000 Establishment of educational assistance program.
* * * * *
(b) Purpose. The purpose of this program is as stated in 38 U.S.C.
3001.
(Authority: 38 U.S.C. 3001)
66. In Sec. 21.7044, the section heading and paragraphs (a)(1) and
(b)(1) are revised to read as follows:
Sec. 21.7044 Persons with eligibility under 38 U.S.C. chapter 34.
* * * * *
(a) Eligibility based solely on active duty. * * *
(1) The individual must have met the requirements of 38 U.S.C.
chapter 34, as in effect on December 31, 1989, establishing eligibility
for educational assistance allowance under that chapter;
* * * * *
(b) Eligibility based on combined active duty service and service
in the Selected Reserve. * * *
(1) The individual must have met the requirements of 38 U.S.C.
chapter 34, as in effect on December 31, 1989, establishing eligibility
for educational assistance allowance under that chapter;
* * * * *
Sec. 21.7135 [Amended]
67. In Sec. 21.7135, paragraph (f)(3) is amended by removing
``21.7140(b) of this part'' and adding, in its place, ``21.7140(d)'';
paragraph (i) is amended by removing ``of this part'' wherever it
appears; paragraphs (j)(1), (k)(1), (n), and (o) are amended by
removing ``of this part''; paragraph (p) is amended by
[[Page 26117]]
removing ``of this part'' each place it appears; paragraph (r) is
amended by removing ``of this part'' each place it appears; and
paragraph (t) is amended by removing ``of this part''.
Sec. 21.7140 [Amended]
68. In Sec. 21.7140, paragraph (c)(1)(i) is amended by removing
``of this part''; paragraph (c)(2) introductory text is amended by
removing ``after-'' and adding, in its place, ``after--''; paragraph
(c)(2)(i) is amended by removing ``of this part''; paragraph (c)(2)(ii)
is amended by removing ``worked'' and adding, in its place,
``worked.''; paragraph (d)(1) is amended by removing ``of this part''
wherever it appears; paragraphs (d)(2)(i) and (d)(2)(ii) are amended by
removing ``Vocational Rehabilitation and'' wherever it appears; and
paragraph (e)(2) is amended by removing ``of this part''.
69. Section 21.7141 is revised to read as follows:
Sec. 21.7141 Tutorial assistance.
An individual who is otherwise eligible to receive benefits under
the Montgomery GI Bill - Active Duty may receive supplemental monetary
assistance to provide tutorial services. In determining whether VA will
pay the individual this assistance, VA will apply the provisions of
Sec. 21.4236.
(Authority: 38 U.S.C. 3019, 3492)
Sec. 21.7145 [Removed]
70. Section 21.7145 is removed.
Sec. 21.7154 [Amended]
71. In Sec. 21.7154, paragraph (b) is removed, and paragraph (c) is
redesignated as paragraph (b).
Sec. 21.7158 [Amended]
72. In Sec. 21.7158, paragraph (b)(1) is amended by removing
``21.744(b)'' and adding, in its place, ``21.7144(b)''.
[FR Doc. 96-12548 Filed 5-23-96; 8:45 am]
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